Regarding the legal action initiated by former President Donald Trump and two others surrounding the death of U.S. Capitol Police officer Brian Sicknick on January 6, 2021, at the Capitol Building, a federal judge delivered favorable news on Tuesday.
U.S. District Judge Amit Mehta, appointed during the Obama administration, dismissed three out of the five civil claims in a complaint filed by Sicknick’s girlfriend, Sandra Garza, a year ago, as outlined in a 12-page decision. Garza’s lawsuit sought damages from Trump and the Jan. 6 rioters, Julian Khater and George Tanios, based on a D.C. anti-riot law, citing wrongful killing, conspiracy to violate civil rights, and negligence per se.
In his decision, Judge Mehta rejected both the negligence per se claim and the wrongful death act count. However, Garza’s claims under D.C.’s Survival Act and the conspiracy to violate civil rights claim will proceed, despite the dismissal of the wrongful death and negligence civil counts against Trump. The Survival Act allows a person’s estate representative to file a lawsuit after their passing.
Following the decision, Mark Zaid, Garza’s lawyer, mentioned that they are “considering our next step options” to pursue legal action against Trump.
Brian Sicknick, who was on duty during the January 6 riot, was pepper-sprayed by Khater and Tanios. He succumbed to two thromboembolic strokes the following evening.
The D.C. Medical Examiner’s office determined that Sicknick’s cause of death was “natural causes,” with the events of January 6 playing a role in his condition.
Trump attempted to use presidential immunity to dismiss civil lawsuits against him for the events on January 6, but a federal appeals court rejected this effort last month.
The federal judge overseeing Trump’s trial related to election interference on January 6 paused the case in December while awaiting a decision on a petition to dismiss it entirely. The trial’s start date, currently set for March 4, may be affected by Trump’s appeal. Federal prosecutors argue that Trump is attempting to delay the trial until after the November 2024 election.
In conjunction with Trump’s appeal to the D.C. Circuit Court of Appeals, special counsel Jack Smith filed a petition with the U.S. Supreme Court, which was denied late last month.