Pipeline protesters being sued by company claim lawsuit should be dismissed

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

A protestor is treated after being pepper sprayed by private security contractors on land being graded for the Dakota Access Pipeline (DAPL) oil pipeline, near Cannon Ball, North Dakota, September 3, 2016. Hundreds of Native American protestors and their supporters, who fear the Dakota Access Pipeline will polluted their water, forced construction workers and security forces to retreat and work to stop. / AFP / Robyn BECK (Photo credit should read ROBYN BECK/AFP/Getty Images)

FARGO, N.D. – Protesters in North Dakota who are being sued by the company developing a four-state oil pipeline say the case should be thrown out of federal court.

Dakota Access LLC filed the complaint against Standing Rock Sioux Tribal Chairman David Archambault II and others, seeking restraining orders and unspecified monetary damages.

Court documents filed Thursday by Bismarck attorney Timothy Purdon, who represents Archambault and Standing Rock Councilman Dana Yellow Fat, say the complaint should be dismissed because it fails to make allegations that would entitle the company to collect damages.

Purdon says a temporary restraining order meant to keep protesters from a construction site violates the U.S. Constitution and a preliminary injunction should not be granted.

Dakota Access spokeswoman Vicki Granado says the company doesn’t comment on pending litigation.