Matthew Locke v. County of Hubbard, et al.

Minneapolis, Minnesota, personal injury lawyer represented the Plaintiff who sued on a excessive force civil rights violation.



Matthew Locke sued Hubbard County, Sheriff Cory Aukes, and Chief Deputy Sheriff Scott Parks under 42 U.S.C. § 1983 and Minnesota law, alleging that the officers used excessive force against him during an oil pipeline protest. The district and official immunity and that the complaint failed to state a claim for municipal liability.



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On August 16, 2021 at 8:03 a.m., dispatch reported that "numerous protesters” were trespassing on an Enbridge pipeline easement in Hubbard County, Minnesota and that four had attached themselves to construction equipment at the site. Locke and another protestor had locked their arms into a "sleeping dragon device” that was threaded through the track system of a Caterpillar excavator. Sleeping dragons are made with PVC or metal pipes, chicken wire, or rebar and filled with rocks or gravel, "requiring law enforcement to cut the devices off using power tools.” Compl. ¶ 11. Sheriff Aukes and Deputy Parks responded and tried to remove Locke from the sleeping dragon so they could arrest him. Parks applied "the mandibular angle technique” behind Locke's right ear, which "involves the application of pressure on a pressure point behind the ear to incapacitate someone by causing excruciating pain.” Compl. ¶ 14. When that did not work, Parks applied the technique behind Locke's left ear. Locke still did not release himself. Parks then applied "the infra orbital technique,” which "involves the application of pressure on the infra orbital nerve at the base of the nose.” Compl. ¶ 18. Sheriff Aukes also applied pressure to Locke's hypoglossal nerve, mandibular angle, and/or infra orbital. Locke could no

longer move the right side of his face "in a normal manner.” Compl. ¶ 20.



The Hubbard County and Cass County extraction teams arrived and removed the sleeping dragon devices. EMTs evaluated Locke and took him to the hospital.



He was treated then moved to the Hubbard County Jail. Locke now suffers from facial paralysis (Bell's Palsy), tinnitus, and emotional distress. Locke's complaint alleges an individual and official capacity § 1983 claim for violation of his constitutional rights and state law claims for assault and battery. Considering the federal claim first, we must decide whether Sheriff Aukes and Deputy Parks are "entitled to qualified immunity 'on the face of the complaint.'” Stanley v. Finnegan, 899 F.3d 623, 627 (8th Cir. 2018) (citation omitted). To make that decision, we consider "(1) whether the official's conduct violated a constitutional right; and (2) whether the violated right was clearly established.”

Dismissed by the District Court.



Reversed.