North Dakota
A Walsh County man sued a North Dakota senator who blocked him on Facebook. Now he has to pay her $4,975.
BISMARCK — A Walsh County man claimed a North Dakota senator violated his First Amendment rights when she blocked him on Facebook. Now, he wants the North Dakota Supreme Court to reject an unfavorable ruling that would force him to pay nearly $5,000 in court fees to the lawmaker.
Mitchell Sanderson, of Park River, North Dakota, argued Monday, Sept. 9, that he shouldn’t have to pay the attorney and court fees to Sen. Janne Myrdal, R-Edinburg. He asked the Supreme Court to roll back Walsh County Judge Kari Agotness’ Jan. 30 ruling, which said Sanderson must pay Myrdal $4,975.
He said Agotness abused her power and shouldn’t have ruled on the case. He also made criminal allegations against Myrdal and Agotness, which have not been brought in a criminal court.
“The crimes and abuses that took place are why we are here today and why I appealed this,” Sanderson said. “All government branches need to be held accountable to the law or we will have more criminal behavior in this country as we are seeing happen to President (Donald) Trump.”
Sanderson initially sued Myrdal in mid-2023 because she blocked him from seeing her Facebook pages. One of the pages is titled “Myrdal ND Senate” and has “all the trappings of a government page,” Sanderson argued.
He claimed that, as a public figure, Myrdal can’t block people on social media because “she does not like them or that they have different views of how the government is to operate.”
“This is a violation of the First Amendment!” Sanderson wrote in his initial lawsuit. “This is censorship by a government public figure which is Illegal and Unconstitutional!”
He asked for $200,000 in damages, as well as the ability to see and post on Myrdal’s Facebook page.
Myrdal has served in the North Dakota Senate since 2017. She declined to comment on this story.
Agotness ruled in December that Myrdal runs her Facebook page without the help of government resources. The page in question was created before she was elected, and Myrdal uses it to campaign for re-election, the judge wrote in her opinion. Myrdal acted as a private citizen, not a government official on behalf of the state, Agotness said.
“If Myrdal’s conduct was purely private, then the First Amendment does not apply because there is not a government abridgment of speech,” Agotness ruled.
Sanderson also sued Agotness, claiming she was biased against him. He demanded $200 million in damages from Agotness and that “the county and state investigate her for criminal actions,” according to the lawsuit that was dismissed by Grand Forks District Judge Jay Knudson.
Agotness also declined to comment for this story.
In his Supreme Court briefing, Sanderson claimed Agotness improperly denied multiple motions he made in the Myrdal case. That included a motion for default judgment in his favor since Myrdal didn’t respond within 21 days of him serving the senator a summons on May 2, 2023.
A court may rule in favor of a person who files a lawsuit if a defendant doesn’t answer within 21 days, Agotness ruled. In a June 3, 2023, email to Walsh County District Court, Myrdal said she hadn’t seen the summons in the case until May 30, 2023.
Myrdal answered the lawsuit four days before Sanderson asked for a default judgment, the judge wrote.
“North Dakota has a strong preference for deciding cases on their merits rather than by default judgment,” Agotness wrote July 10 in court filings that denied the motion for default judgment.
Sanderson claimed Monday the case shouldn’t have moved forward because he didn’t properly serve a summons to Myrdal.
“This is an obvious error by the court which requires reversal,” Sanderson said.
When pressed by North Dakota Supreme Court Justice Daniel Crothers that judges have discretion in declaring default justice or moving forward with a case, Sanderson said the U.S. Constitution and U.S. Supreme Court rulings supersede North Dakota law.
“It’s not the U.S. Supreme Court’s rule. It’s our rule,” Crothers said. “This isn’t a federal case. It’s a state case.”
“You’re bound by the Constitution, sir,” Sanderson said.
The appeal is moot, said Howard Swanson, who represented Myrdal in the lawsuit and at the Supreme Court hearing on Monday. Sanderson is no longer pursuing his First Amendment claims, Swanson said.
“Mr. Sanderson’s rights were not violated by Mrs. Myrdal’s blocking, on her personal Facebook page, his adverse comments,” Swanson said.
In Lindke v. Freed, the U.S. Supreme Court ruled this spring that public officials can sometimes block social media followers. A person must have authority to speak on the government’s behalf and act in an official capacity in order to violate a person’s First Amendment rights by blocking them on social media, the U.S. Supreme Court ruled.
The improper service of documents didn’t prejudice anyone, Swanson said. Improper service to Myrdal was waived because she continued with the case and defended against what Swanson called “absurd” motions filed by Sanderson.
“There was no denial of justice to anyone,” Swanson said. “It allowed the matter to pursue in the normal course of litigation.”
Sanderson called Swanson’s argument “verbal theatrics with the law.” Myrdal had her state-issued email on the page, Sanderson noted.
“Everything she did on it was pretty much political activity,” he said.
In an interview with The Forum, Sanderson said he can’t pursue the First Amendment claims anymore. He said he would go as far as he needs to go with his case.
“If the judges do not rule in favor of the service and default judgment, and they hold up the attorney fees, I will sue any one of the judges that violate their Constitutional oath,” he told The Forum. “Any judge that dissents against me will get sued in federal court.”
Sanderson also accused Myrdal of forgery and evidence tampering, as well as Agotness of corruption and perjury. North Dakota Justice Lisa McEvers suggested those allegations should be handled by a criminal court, not in a civil case.
Sanderson said the Walsh County State’s Attorney’s Office will “defend the state at all costs.” He said he has brought his evidence to the FBI but claimed the Department of Justice under President Joe Biden wouldn’t address the allegations.
“We have to wait for President Trump to get in,” he said. “This is not stopping her today, folks.”
He said more lawsuits are coming from him, as well as criminal charges.
“Trump is coming,” he said. “His DOJ is coming.”
Republicans have criticized a jury verdict that found Trump guilty in a hush-money case earlier this year. He also faces several federal indictments, including in connection to the Jan. 6, 2021, insurrection in Washington, D.C., where masses tried to overturn the 2020 election results that said he lost to Biden.
Sanderson filed a lawsuit against the North Dakota Republican Party after it kicked him out in 2022. He said he tried to run against Myrdal at the District 19 nominating meeting.
He and the NDGOP agreed to dismiss the case.
North Dakota
Illinois State Gets 1st Win Over North Dakota, 35-13
(AP) — Wenkers Wright ran for 118 yards and two touchdowns and No. 13 Illinois State knocked off North Dakota for the first time, 35-13 in the regular season finale for both teams Saturday.
The Redbirds are 9-2 (6-2 Missouri Valley Conference) and are looking to reach the FCS playoffs for the first time since 2019 and sixth time in Brock Spack’s 16 seasons as head coach.
Illinois State opened the game with some trickery. Eddie Kasper pulled up on a fleaflicker and launched a 30-yard touchdown pass to Xavier Loyd to cap a seven-play, 70-yard opening drive.
Simon Romfo tied it on North Dakota’s only touchdown of the day, throwing 20 yards to Nate DeMontagnac.
Wright scored from the 10 to make it 14-7 after a quarter, and after C.J. Elrichs kicked a 20-yard field goal midway through the second to make it 14-10 at intermission, Wright powered in from the 18 and Mitch Bartol caught a five-yard touchdown pass from Tommy Rittenhouse to make it 28-10 after three.
Seth Glatz added a 13-yard touchdown run to make it 35-10 before Elrichs added a 37-yard field goal to get the Fighting Hawks on the board to set the final margin.
Rittenhouse finished 21 of 33 passing for 187 yards for Illinois State. Loyd caught eight passes for 121 yards.
Romfo completed 11 of 26 passes for 135 yards and a touchdown with an interception for North Dakota (5-7, 2-6).
Illinois State faced North Dakota for just the fourth time and third time as Missouri Valley Conference opponents. The Redbirds lost the previous three meetings.
North Dakota
Photos: Championship scenes from North Dakota Class A, Class B state volleyball
FARGO — Top-seeded Langdon Area-Munich lived up to its billing Saturday night at the Fargodome.
The
Cardinals earned a 15-25, 25-16, 25-15, 25-16 victory
against No. 2-seeded South Prairie-Max to earn the North Dakota Class B volleyball state championship.
Bismarck Century spoiled West Fargo Sheyenne’s bid for a three-peat. The
Patriots scored a 25-21, 18-25, 25-15, 25-22 victory
for the Class A state championship.
Century won its 10th state title in program history.
Below are championship scenes from Saturday night at the Fargodome:
Peterson covers college athletics for The Forum, including Concordia College and Minnesota State Moorhead. He also covers the Fargo-Moorhead RedHawks independent baseball team and helps out with North Dakota State football coverage. Peterson has been working at the newspaper since 1996.
North Dakota
North Dakota Badlands national monument proposed with tribes’ support
A coalition of conservation groups and Native American tribal citizens on Friday called on President Joe Biden to designate nearly 140,000 acres of rugged, scenic Badlands as North Dakota’s first national monument, a proposal several tribal nations say would preserve the area’s indigenous and cultural heritage.
The proposed Maah Daah Hey National Monument would encompass 11 noncontiguous, newly designated units totaling 139,729 acres in the Little Missouri National Grassland. The proposed units would hug the popular recreation trail of the same name and neighbor Theodore Roosevelt National Park, named for the 26th president who ranched and roamed in the Badlands as a young man in the 1880s.
“When you tell the story of landscape, you have to tell the story of people,” said Michael Barthelemy, an enrolled member of the Mandan, Hidatsa and Arikara Nation and director of Native American studies at Nueta Hidatsa Sahnish College. “You have to tell the story of the people that first inhabited those places and the symbiotic relationship between the people and the landscape, how the people worked to shape the land and how the land worked to shape the people.”
The U.S. Forest Service would manage the proposed monument. The National Park Service oversees many national monuments, which are similar to national parks and usually designated by the president to protect the landscape’s features.
Supporters have traveled twice to Washington to meet with White House, Interior Department, Forest Service and Department of Agriculture officials. But the effort faces an uphill battle with less than two months remaining in Biden’s term and potential headwinds in President-elect Trump’s incoming administration.
If unsuccessful, the group would turn to the Trump administration “because we believe this is a good idea regardless of who’s president,” Dakota Resource Council Executive Director Scott Skokos said.
Dozens if not hundreds of oil and natural gas wells dot the landscape where the proposed monument would span, according to the supporters’ map. But the proposed units have no oil and gas leases, private inholdings or surface occupancy, and no grazing leases would be removed, said North Dakota Wildlife Federation Executive Director John Bradley.
The proposal is supported by the MHA Nation, the Spirit Lake Tribe and the Standing Rock Sioux Tribe through council resolutions.
If created, the monument would help tribal citizens stay connected to their identity, said Democratic state Rep. Lisa Finley-DeVille, an MHA Nation enrolled member.
North Dakota Gov. Doug Burgum is Trump’s pick to lead the Interior Department, which oversees the National Park Service. In a written statement, Burgum said: “North Dakota is proof that we can protect our precious parks, cultural heritage and natural resources AND responsibly develop our vast energy resources.”
North Dakota Sen. John Hoeven’s office said Friday was the first they had heard of the proposal, “but any effort that would make it harder for ranchers to operate and that could restrict multiple use, including energy development, is going to raise concerns with Senator Hoeven.”
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