A federal judge has partially dismissed the wrongful death lawsuit against former President Donald Trump filed by the partner of a Capitol police officer who passed away the day following the January 6 U.S. Capitol attack.
Trump Accused in Capitol Officer’s Death
Donald Trump faces a lawsuit from the estate of Brian Sicknick, a fallen Capitol Police Officer, accusing him of inciting the riot that led to an incident involving pepper spray against Sicknick.
No One Above the Law
In the wrongful death lawsuit against former President Donald Trump, filed by Brian Sicknick’s partner over the January 6 Capitol attack, Washington, D.C. Judge Amit P. Mehta swiftly dismissed claims of presidential immunity on Tuesday, as outlined in his 12-page memorandum.
Immunity Claim Dismissed
“The court first addresses, and quickly disposes of, former President Trump’s assertion of immunity from suit,” the judge firmly stated, adding that the DC Circuit Court of Appeals had previously determined that there is no presidential immunity for lawsuits concerning his conduct around January 6.
Death Linked to Capitol Chaos
Officer Sicknick, a victim of pepper spray during the Capitol riot, died on January 7, 2021. The D.C. Medical Examiner’s Office linked his death to strokes, a result of the events on the previous day.
$10 Million Lawsuit Against Trump
Sandra Garza, identified in Sicknick’s will as his domestic partner and executor, filed a lawsuit on January 5, 2023, against Trump and two convicted men related to the attack on Sicknick.
The lawsuit, demanding a minimum of $10 million in damages, contends that Sicknick’s death was a “direct and foreseeable consequence” of the defendants’ actions on that day
6+ Years for Officer Assault
After pleading guilty to assaulting officers with a dangerous weapon, Julian Elie Khater, identified as the individual who pepper-sprayed officers, received a prison sentence of six years and eight months following his guilty plea to two charges of assaulting officers with a dangerous weapon.
Did Trump Incite the Mob?
Garza’s lawsuit accuses former President Trump of inciting the Capitol attack through his baseless claims of fraud and direct calls for violence at his rally, which she alleges led to the violent mob’s actions, specifically targeting Khater’s and Tanios’s illegal conduct.
Attorney Considers Deposing Trump
“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,” stated Mark Zaid, an attorney for Garza.
Intensified Immunity Drama
The lawsuit faced dismissal motions from each of the named defendants. Trump, in his motion, based his argument on absolute immunity, maintaining that his conduct at the January 6 attack was inherent to his role as the U.S. President at the time, thereby rendering him immune from any legal accountability.
Wrongful Death Claim Rejected
Judge Mehta dismissed the wrongful death claim due to a technicality, stating in a judgment that Garza’s belief of a “domestic partnership” based solely on Sicknick’s will doesn’t align with the statute’s clear wording. He noted, “Garza therefore cannot recover the damages she personally seeks under the Act.”
Legal Battle Continues
Still, the judge allowed the conspiracy to violate civil rights charge and the DC Survival Act claim to move forward, the latter of which lets a deceased person’s legal representative, in this case, Garza, pursue legal action posthumously.
No Criminal Charges for Duo
Despite Khater being sentenced to prison for assaulting officers and Tanios receiving a sentence of time served plus supervised release for his misdemeanor plea from the riot, neither man was criminally charged in connection with Officer Sicknick’s death.
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