Federal Judge Dismisses Counts In Lawsuit Against Trump, Rioters Over Death Of Capitol Police Officer

A federal choose dismissed two out of 5 counts in a lawsuit in opposition to former President Donald Trump and two different males over the loss of life of a Capitol Police officer throughout the Capitol assault on Jan. 6, 2021.

In a break up determination on Thursday, U.S. District Court Judge Amit Mehta dismissed the wrongful loss of life and negligence civil counts of the lawsuit filed final January by Sandra Garza, the longtime associate of Capitol Police officer Brian Sicknick.

The choose determined that Garza, who was Sicknick’s fiancée, lacked the standing to file such claims since she wasn’t his partner and didn’t match the authorized definition of a home associate, NBC News reported.

Sicknick died shortly after the 2021 Capitol riot, the place he had collapsed whereas defending the Capitol constructing and was transported to the hospital. A medical expert confirmed that he died of pure causes after having a number of strokes.

According to the Department of Justice, video footage from the riot confirmed two rioters, Julian Elie Khater and George Pierre Tanios, assaulting cops together with Sicknick by spraying a substance of their faces.

The two males have been arrested and charged with assaulting U.S. Capitol officers, amongst different prices, although neither of them have been charged with Sicknick’s loss of life, CBS News reported.

Khater, who admitted to spraying Sicknick, pleaded responsible and was sentenced to greater than six years in jail. Tanios admitted to buying the substance within the spray and pleaded responsible to lesser prices, and was additionally sentenced to serve time.

In her lawsuit final 12 months, Garza alleged wrongful loss of life, conspiracy to violate civil rights and assault, amongst different claims in opposition to Trump, Khater and Tanios, and sought at the least $10 million in damages from them.

While the wrongful loss of life and civil negligence counts have been dismissed, the choose has allowed Garza’s different claims in opposition to Trump to proceed below D.C.’s Survival Act, which permits a person’s authorized consultant to pursue authorized motion on behalf of them after their loss of life. (Garza is the consultant of Sicknick’s property).

“We are pleased to see that our lawsuit in pursuit of justice for the late Capitol Police Officer Brian Sicknick, who died in the aftermath of the January 6th insurrection, has been permitted to continue. We are now considering our next step options, to include deposing former President Trump,” Mark Zaid, an lawyer for Garza, mentioned in an announcement on Thursday, in accordance with CBS News.

Trump is presently going through a legal case concerning his actions main as much as the Jan. 6 riot and his try to stay in energy after his 2020 election loss. The former president has pushed again on the case, arguing that he had “presidential immunity” that protects him from being criminally prosecuted for his actions.