Eighth Circuit Court of Appeals Affirms the Use of Deadly Force by a Bureau of Indian Affairs Officer was Reasonable

FARGO: Acting United States Attorney Jennifer Klemetsrud Puhl announced that the Eighth Circuit Court of Appeals agreed with U.S. District Judge Daniel M. Traynor, finding that law enforcement officers acted reasonably under the circumstances and the United States is not liable for the shooting death of George "Ryan" Gipp, Jr. ("Gipp") during a confrontation with Bureau of Indian Affairs ("BIA") officers in October 2017 on the Standing Rock Sioux Reservation.

BIA officers responded to a report that Gipp discharged a firearm at a gas station in Ft. Yates. Gipp and family members left the scene but were pulled over by law enforcement on a rural highway a few miles outside of town. The Eighth Circuit said, "[Gipp], who was under the influence of multiple substances, refused to follow their instructions. When one tried to arrest him, he backed away, balled his fists, and moved into a 'bladed stance.' After losing sight of [Gipp's] hands, the officer fired his taser twice. Tasing [Gipp] just caused him to run and hide behind the other officer's truck. After a few 'quick peeks' at the officers, [Gipp] fumbled with something in his hoodie pocket and pulled out a shiny black object." Fearing the object was a firearm, one of the officers fired his service weapon, fatally wounding Gipp.

The Eighth Circuit continued, "The record … shows that the use of deadly force was reasonable. By that point, [Gipp] had already resisted arrest, shaken off two taser shots, crouched behind a truck, and pulled what looked like a gun from his hoodie pocket. … The situation had gone from dangerous to potentially deadly as [Gipp's] actions became increasingly erratic and aggressive."

The firearm discharged by Gipp at the gas station, and thrown out the window of the vehicle prior to being stopped by the police, was later found in a ditch. The weapon was a shotgun loaded with 7 slug rounds of live ammunition typically used for large game or self-defense and had a 13-inch knife taped to it like a bayonet, along with a flashlight. Among the items found on or near Gipp were brass knuckles, additional shotgun ammunition, a 7.5-inch AR stock wrench, a handcuff key, and a folding knife.

"Every time a law enforcement officer goes on duty to protect and serve the public, he or she selflessly places themselves in harm's way," said Acting U.S. Attorney Jennifer Klemetsrud Puhl. "The risk to police officers is all too real," she continued, "and these rulings recognize the dangerous, difficult, and rapidly evolving conditions officers must operate in."

The case is Gipp, et al. v. United States of America, U.S. District Court, District of North Dakota, Case No. 1:19-cv-00213, Eighth Circuit Court of Appeals Case No. 24-1379. The United States was represented by Assistant United States Attorneys James Patrick Thomas and Sarah E. Wall of the District of North Dakota, and Senior Trial Attorney Siegmund F. Fuchs and Trial Attorney Joseph A. Gonzalez of the Torts Branch, Civil Division, United States Department of Justice.

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