Peace Garden News

The Eighth Circuit Court of Appeals has upheld a lower court's decision that Bureau of Indian Affairs (BIA) officers acted reasonably in the 2017 shooting death of George “Ryan” Gipp, Jr. on the Standing Rock Sioux Reservation. The ruling affirms that the United States is not liable for Gipp’s death during a confrontation with law enforcement.

According to court records, BIA officers responded to reports that Gipp had fired a gun at a gas station in Ft. Yates. After leaving the scene with family members, Gipp was stopped by police on a rural highway outside town. The Eighth Circuit noted, “[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 it was a firearm, an officer then used deadly force.

The appellate court further stated: “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.”

Investigators later recovered the firearm discharged by Gipp at the gas station from a ditch near where he was stopped by police. The weapon—a shotgun loaded with seven slug rounds—had been modified with a knife taped to it like a bayonet and included an attached flashlight. Additional items found on or near Gipp included brass knuckles, more shotgun ammunition, an AR stock wrench measuring 7.5 inches, a handcuff key, and a folding knife.

Acting U.S. Attorney Jennifer Klemetsrud Puhl commented on the risks faced by law enforcement: “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 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 titled Gipp et al. v. United States of America (U.S District Court for North Dakota Case No. 1:19-cv-00213; Eighth Circuit Court of Appeals Case No. 24-1379). Assistant United States Attorneys James Patrick Thomas and Sarah E. Wall represented the government alongside Senior Trial Attorney Siegmund F. Fuchs and Trial Attorney Joseph A. Gonzalez from the Department of Justice Civil Division.