PARK RAPIDS, Minn. — The U.S. Court of Appeals for the Eighth Circuit reversed a lower court’s dismissal of excessive force claims brought by an oil pipeline protester against Hubbard County Sheriff Cory Aukes and Chief Deputy Sheriff Scott Parks.

Matthew Locke sued Aukes and Parks, alleging the officers violated his Fourth Amendment right to be free of excessive force during his arrest at an August 2021 protest.

A lower district court had granted the law enforcement’s motion to dismiss, holding they were entitled to “qualified and official immunity.” It also held that no case law forbids use of pain compliance techniques.

In Minnesota, official immunity protects public officials from state law claims when that official is charged, by law, with duties that require the exercise of judgme

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