A U.S. District Judge dismissed several counts against former President Donald Trump and others in a civil suit over the death of Capitol Police Officer Brian Sicknick after the January 6 riots.
The ruling dismissed the majority of the civil counts against the former president and two alleged participants in the January 6 U.S. Capitol riots, Julian Khater and George Tanios.
U.S. District Judge Amit Mehta, authoring a 12-page ruling, removed three out of the five civil counts from a lawsuit filed by Sandra Garza, the late Officer Sicknick’s partner. Garza had sought legal recourse against Trump, Khater, and Tanios, accusing them of wrongful death, conspiracy to violate civil rights, and negligence per se in accordance with D.C.’s anti-riot law.
Judge Mehta’s ruling dismissed the wrongful death act count and both charges of negligence per se, narrowing the scope of the lawsuit. However, despite these dismissals, two significant claims against the defendants remain active. The lawsuit will proceed under D.C.’s Survival Act, which allows a deceased person’s legal representative to continue legal action on their behalf, as well as the claim concerning the conspiracy to violate civil rights.
Responding to this partial advancement in the legal battle, Mark Zaid, representing Garza, expressed a cautious optimism to Fox News Digital. “We are pleased to see that our lawsuit in pursuit of justice for the late Capitol Police Officer Brian Sicknick…has been permitted to continue,” Zaid stated, revealing that they are actively considering strategies, including potentially deposing former President Trump, as they prepare for the next phase of the legal process.
The case sheds light on the distressing circumstances surrounding Officer Sicknick’s death. The 42-year-old officer, a Capitol Police member since July 2008, had confronted the riotous outbreak on January 6 and was subjected to pepper spray by Khater and Tanios.
Following the attack, Sicknick was urgently hospitalized but succumbed the next evening to two thromboembolic strokes. The D.C. medical examiner’s office concluded that Sicknick died of natural causes, exacerbated by the day’s events.
As for Trump, this lawsuit is one of several legal challenges he faces concerning his alleged involvement in the Capitol riot. Notably, a federal appeals court recently rejected the former president’s claim of presidential immunity in an effort to dismiss civil claims connected to the riot.