North Dakota
Appeals court revives part of civil rights lawsuit surrounding Suburban snowbound during DAPL protest
BISMARCK — An Arizona couple who lost a federal lawsuit over a vehicle that was rented during the Dakota Access Pipeline protests in south-central North Dakota have had part of their case revived.
The 8th U.S. Circuit Court of Appeals recently sent part of Michael and Jessica Wood’s case back to U.S. District Court in Bismarck, reopening the door for the couple to pursue monetary damages from a Bismarck rental franchisee and two of its employees. Trial has been scheduled for Nov. 18.
Michael Wood Jr., of Glendale, Arizona, a former U.S. Marine and Baltimore police officer, rented a Suburban from Hertz in 2016 when he came to Bismarck as part of an effort to bring hundreds of military veterans to a DAPL protest camp. The goal was to support opposition by tribes and environmentalists to the oil pipeline being routed near the Standing Rock Reservation and under its Missouri River drinking water supply.
The vehicle became snowbound in a blizzard and wasn’t returned to the rental company. The dispute that followed between Wood and Hertz resulted in Wood being charged in January 2017 with felony theft. Wood and his wife, Jessica, were detained at the U.S. border in California when returning from a Mexico vacation in August 2019, though they were not arrested.
Prosecutors in March 2020 dropped the theft charge, but Wood and his wife sued in March 2021, alleging Hertz Corp. officials falsely accused him of stealing the Suburban in retaliation for his social media criticism of the company’s service or his support of the pipeline protest. The defendants disputed the retaliation allegation.
U.S. District Judge Dan Traynor later in 2021 dismissed the City of Bismarck and two police officers as defendants in the civil rights lawsuit, along with two Hertz employees in Oklahoma. The Woods voluntarily dropped Hertz as a defendant after the company declared Chapter 11 bankruptcy amid the coronavirus pandemic. That left Bismarck franchisee Overland West Inc. and two of its employees — Alexandria Huber and John Kaelberer — as the only remaining defendants in the suit that sought unspecified monetary damages.
Traynor about a year ago ruled against the Woods on all of their claims — malicious prosecution, negligence, breach of contract, infliction of emotional distress, and negligent training and supervision. The Woods appealed.
A three-judge panel of the 8th Circuit recently upheld Traynor’s ruling that Overland did not breach its rental contract with the Woods. But the panel ruled that the Woods had presented enough evidence to possibly convince a jury of their claims of malicious prosecution, negligence, and negligent training and supervision.
The judges concluded “the Woods presented sufficient evidence that Kaelberer lacked probable cause to believe that Wood had stolen the vehicle when he contacted police,” and that “further, a jury could infer malice based on Kaelberer’s testimony that he filed the police report to collect a debt, and testimony that Overland employees were aware of Wood’s negative tweet and considered it harassing and threatening.”
The judges also said there was enough evidence that a jury might conclude Overland employees’ efforts to reach out to Wood before contacting police were insufficient, and that Overland failed to properly train its employees regarding the filing of stolen vehicle reports.
The Woods’ attorney, Roberto Alejandro, said, “We agree with the 8th Circuit’s decision and now turn our attention to preparing for trial.”
Defendants attorney Joel Flom did not respond to a Bismarck Tribune request for comment before being withdrawn from the case. The defendants’ new attorney, Bradley Beehler, did not immediately respond to a request for comment.
The562’s coverage of Long Beach State athletics for the 2025-26 season is sponsored by Marilyn Bohl.
Long Beach State hosted North Dakota State on March 10 where they suffered a 5-2 loss. Freshman Nina Sepulveda had two hits in the loss. Long Beach State will resume Big West play this weekend when they travel to UC Riverside for a three-game series starting Friday, March 13.
GRAND FORKS — Four area athletes were selected to the North Dakota Division A all-state girls basketball team, which was released by the North Dakota High School Coaches Association on Tuesday.
The North Dakota Associated Press Sportscasters and Sportswriters Association will release all-state teams later this month.
Thompson’s Addison Sage led the way as a first team all-state pick, as well as receiving the division’s Outstanding Senior Athlete honor. Her coach, Jason Brend, was the Coach of the Year.
All-state second team choices from the area are Devils Lake junior Tylie Brodina, Four Winds-Minnewaukan sophomore Suri Gourd and Thompson senior Kya Hurst.
Sage, a 5-foot-6 guard, averaged 22.3 points per game, 3.2 rebounds, 3.3 assists and 3.2 steals per game. Sage has more than 1,900 career points and holds the Tommies’ all-time scoring record.
Brodina, a 5-8 guard, averaged 18.8 points and 2.6 steals per game. She shot 82 percent from the foul line and 32 percent from 3-point range.
Hurst, a 5-6 forward, averaged 16.3 points and 9.6 rebounds per game. She added 3.7 steals and 3.5 assists per game while shooting 39.5 percent from 3-point range. Hurst has scored more than 1,600 points and grabbed more than 840 rebounds in her career.
Gourd, a 5-8 guard, averaged 26.1 points, 7.1 rebounds, 5.4 assists and 4.4 steals per game. Gourd has more than 1,600 career points in her career with two more seasons to play.
Gourd led Four Winds-Minnewaukan from a 5-17 record last season to a 16-8 mark this year.
Funeral Mass for Annabelle Weber, 95, of Dickinson will be 10:00 AM, Thursday, March 12, 2026 at Queen of Peace Church with Msgr. Thomas Richter celebrating. Burial will follow at St. Joseph’s Cemetery, Dickinson. Visitation will be from 5:00 PM – 7:00 PM, Wednesday, March 11, 2026 at Stevenson Funeral Home, Dickinson, with Rosary and Vigil service taking place at 6:00 PM. Annabelle passed away Friday, March 6, 2026 at St. Benedict’s Health Center, Dickinson. Annabelle S. Weber was born on December 8, 1930, in Killdeer, North Dakota, to Frank and Eva (Kowis) Schmalz. She grew up in Killdeer and graduated from Killdeer High School in 1947. At the age of 17, Annabelle began working at Zimbrich’s Department Store in Killdeer. She later moved to Dickinson, where she worked at S&L in retail sales and spent many years at Kessel’s Bridal Shop. While working at the Esquire Steak House, she met Gerald Weber, the love of her life. The couple was united in marriage on November 1, 1954, at St. Joseph’s Catholic Church in Dickinson, where they made their home and built their life together. Annabelle was a woman who loved staying busy and caring for her family and home. She enjoyed hunting and fishing, along with hobbies such as crafts, sewing, and gardening. She was well known for keeping an immaculate home and took great pride in caring for those around her. Faith was an important part of her life. She joined the Catholic Daughters in 1957 and was active in church circles, often helping with funeral dinners and parish gatherings. Annabelle’s greatest joy was her family. Annabelle is survived by her sons, Greg (Barbara) Weber of Grand Forks, Russ (Rhonda) Weber of Dickinson; daughter, Sharon (Tony) Allen of Andover, MN; nine grandchildren, Christi (Ryan), Tiffani (Tim), Shane (Kayla), Tonya (Adam), Samantha (Scott), Kevin, Tracey (Analisa), Stacie, Tyler; 15 great-grandchildren and 1 great-great grandchild. She was preceded in death by her parents, Frank and Eva Schmalz; husband, Gerald Weber; siblings, William (Evelyn) Schmalz, Elaine (John) Buresh, and Vernon (Dolores) Schmalz; and daughter-in-law, Coleen Weber (Krance). Remembrances and condolences can be shared at www.stevensonfuneralhome.com.
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