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.
North Dakota
Challengers declare victory after ND Supreme Court rules against Legislature’s attempt to alter term limits
BISMARCK — A constitutional ballot measure to amend the state’s term limits law as proposed by the Legislature will not appear on November’s ballot, the North Dakota Supreme Court ruled Thursday, siding with petitioners who argued the Legislature exceeded its authority and violated the state constitution in proposing the changes.
“The people’s voice was heard,” Grand Forks County Commissioner Terry Bjerke said in reaction to the news.
Bjerke was a member of the sponsoring committee behind the successful 2022 effort to pass a term limits initiative, which amended the state constitution by capping legislative term limits to eight years in the House and eight years in the Senate. The amendment, which became article XV of the state constitution, also included a clause barring the Legislature from making constitutional changes to term limits.
During the 2025 session, however, lawmakers narrowly approved Senate Concurrent Resolution 4008, in which the legislature proposed Constitutional Measure 1, a ballot measure to amend the term limits language to allow legislators to decide in which chamber they want to serve their 16 years, and to repeal the clause limiting the legislative assembly’s authority to propose an amendment to alter or repeal term limits.
Bjerke and former Minot legislator Oley Larsen brought the lawsuit challenging the validity of the Legislature’s action in January, and the state Supreme Court
heard oral arguments in the case
this spring.
“Those term limits may only be altered by a measure proposed by the people rather than the Legislative Assembly. And yet a few years later, the Legislative Assembly is doing what they are prohibited from doing,” attorney Zachary Wallen argued on Bjerke and Larsen’s behalf.
Tanner Ecker / The Bismarck Tribune
The Legislature’s attorneys argued the clause prohibiting legislative proposals to alter the constitutional term limits language “infringes on our republican form of government” by “limiting the people’s ability to vote on amendments proposed by their elected officials.”
Justice Jon Jensen seemed skeptical of that argument during the April 2 hearing, questioning whether a second vote was appropriate.
“The public did speak on this. The public spoke on it when it passed the original constitutional amendment and they said, ‘Legislature, you don’t even get to propose a change.’ They have already spoken on it,” Jensen said. “You want a second shot, or a second bite at the apple, not a first one, a second.”
In Thursday’s ruling, all five justices sided with Bjerke and Larsen.
“We … conclude the Legislative Assembly’s adoption of S.C.R. 4008 violated N.D. Const. art. XV … and declare S.C.R. 4008 and Constitutional Measure 1 void … We enjoin the Secretary of State from placing Constitutional Measure 1 on the November 2026 general election ballot,” the ruling said.
Bjerke thanked the legal team that worked on behalf of their lawsuit, and said he was grateful the court reached the conclusion it did.
“I’m thrilled that what the people voted on and approved has been validated,” Bjerke said.
He added that the Legislature had “multiple opportunities” to address term limits prior to 2022’s initiated measure and chose not to, and gave a nod to the country’s coming milestone and the process by which voters expressed their support for term limits.
“We’ve lasted 250 years,” Bjerke said. “I have two words for those elected leaders who think they aren’t: everyone’s replaceable.”
North Dakota
Fargo woman convicted in North Dakota fraud case now faces charges in Minnesota: A deeper dive
FARGO, N.D. (Valley News Live) – A North Dakota woman who was sentenced to 180 days in jail in Cass County for defrauding healthcare providers and Medicaid programs is now facing additional fraud charges in Minnesota.
Christine Marie Pryor, 55, pleaded guilty in November 2024 to theft by deception involving more than $50,000. She was sentenced to first serve 180 days with a 3-year sentence suspended. She received credit for 44 days already served.
Pryor was ordered to pay $82,584.78 in restitution to Southeast Human Services in Fargo, where she worked between 2018 and 2019.
How the scheme unfolded
According to court documents, Pryor worked at multiple healthcare facilities in North Dakota and Minnesota between 2018 and 2023, using the identities and credentials of three licensed professionals without their knowledge. She submitted fraudulent Capella University diplomas and transcripts to gain employment.
Investigators say Pryor admitted she searched state licensing websites for therapists who shared her first name, then used those therapists’ last names and license numbers when applying for jobs.
At Southeast Human Services, where she worked as a Licensed Addiction Counselor, Pryor earned $55,584.82 while providing therapy services to approximately 150 patients. She also opened her own counseling center, NIAM Brain Injury Center, in Fargo between 2020 and 2021, and worked at The Lotus Center in Moorhead, Minnesota, from 2021 to 2023.
Court documents say the three licensed professionals whose identities were used told investigators they had no knowledge of Pryor’s actions and did not give her permission to use their information.
Two additional charges against Pryor in North Dakota, unauthorized use of personal identifying information, were dismissed on motion of the state.
Additional charges in Minnesota
Pryor is also facing charges in Minnesota. Minnesota Attorney General Keith Ellison announced on Tuesday charges against Pryor in Clay County District Court for six theft offenses and six identity theft offenses related to defrauding Minnesota’s Medicaid program of more than $150,000.
According to the Minnesota complaint, Pryor claimed to provide psychotherapy and alcohol and drug counseling services to Medicaid recipients despite having no license or credentials to do so. Prosecutors allege she used the credentials and identities of three licensed professionals while claiming to provide Medicaid-funded services to 169 clients.
The Minnesota charges were filed as part of National Health Care Fraud Takedown Day, a joint effort involving the Department of Justice and more than 40 state Medicaid Fraud Control Units.
Copyright 2026 KVLY. All rights reserved.
North Dakota
NCAA Set to Change Unpopular Football Rule Just in Time for North Dakota State’s FBS Jump
North Dakota State playing in the FCS playoffs and College Football Playoff in back-to-back years? It’s likelier than you think.
That’s because on Wednesday, according to a report from Ross Dellenger of Yahoo! Sports, the NCAA Division I cabinet voted to repeal a rule that effectively barred teams transitioning from FCS to FBS from playing in postseason games in their first FBS seasons. The Bison are making that move along with Sacramento State in 2026.
The reported change has been a long time coming; the rule has hampered teams from immediate bowl eligibility for decades. Its good intentions of dissuading teams from rashly making the FCS-to-FBS leap have been rendered obsolete in recent years by the fact that programs generally arrive in FBS more prepared than ever before.
Consider the number of new FBS teams that have had to work within the provision in the past decade alone
That list includes: Liberty (home for the holidays at 6–6 in 2018), James Madison (8–3 in 2022 under coach Curt Cignetti, and barely able to play in a bowl at 11–1 in ’23 due to a lack of bowl-eligible teams), Jacksonville State (8–4 in ’23 before backing in like the Dukes), Missouri State (7–5 in 2025, also backed in) and Delaware (6–6 in ’25, ditto).
James Madison in particular became a cause célèbre in ’23 because it started the season 10-0, climbing as high as No. 18 in the AP Poll in mid-November. Then-Virginia attorney general Jason Miyares bandied about suing the NCAA before the Dukes lost 26–23 to Appalachian State, an event that caused the program to back off and accept a bid to play Air Force in the Armed Forces Bowl. James Madison lost that game 31–21, by which time Cignetti had left for Indiana.
There was a time when the FCS-to-FBS jump was an imposing one, and the NCAA did not want to incentivize making it lightly—not even a proud Florida A&M program could make a mid-2000s attempt at a jump stick. However, the Flames, Dukes and other teams have shown it’s not so great a climb for programs with the right resources and management.
Now the Bison and the Hornets stand to benefit.
How far can North Dakota State and Sacramento State go in the near term?
The Bison opened 12–0 last year before a shock loss to Illinois State in the FCS playoffs’ second round, so that question may answer itself. North Dakota State does not play a single Power 4 team—a potential strength-of-schedule albatross if it has designs on really surging. A potential roadblock: the fact that the Bison have to visit the Mountain West’s two favorites, UNLV (Oct. 10) and New Mexico (Oct. 24).
It’s a different story for the Hornets, a 7–5 squad a year ago whose move to the FBS is widely seen as a gamble on their growth potential. Sacramento State also does not play a major-conference team, but has a breakneck travel schedule ahead of it—the Hornets will visit Ypsilanti, Mich.; Bowling Green, Ohio; Muncie, Ind.; Mount Pleasant, Mich. and Honolulu. Combine that with a first-year coach—Oakland native and ex-MC Hammer choreographer Alonzo Carter—and it could be a long FBS debut in California’s capital.
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