Judge dismisses wrongful death claim against Trump in Capitol officer lawsuit

A federal judge has dismissed part of a lawsuit against Donald Trump brought by the partner of Capitol Police officer Brian Sicknick, who died a day after being attacked by rioters during the 6 January 2021 insurrection.

US District Court Judge Amit Mehta on Tuesday ruled that Sicknick’s partner, Sandra Garza, lacked “statutory standing” to file a claim against Mr Trump as she was not his spouse or domestic partner under Washington DC law.

“[Garza’s] contention that a ‘domestic partnership’ was established simply by Officer Sicknick having identified Garza as his ‘domestic partner’ in his will finds no basis in the plain text of the statute,” Mr Mehta wrote. “Garza therefore cannot recover the damages she personally seeks under the Act.”

But the judge permitted other parts of the lawsuit on two counts in his split decision, including the allegation that the former president and two men, Julian Khater and George Tanios, who were accused of attacking the officer, were engaged in a conspiracy to “violate civil rights”.

The judge also dismissed the wrongful death claim in the lawsuit against the two men.

But he rejected Mr Trump’s claim of immunity in this case, pointing out that the DC Circuit Court of Appeals has previously determined that he lacks presidential immunity regarding lawsuits related to his actions during the riots.

An attorney for Ms Garza said they were pleased with the judgement and considering the next steps.

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“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 6 insurrection, has been permitted to continue. We are now considering our next step options, to include deposing former President Trump,” Mark S Zaid, one of the attorneys, said.

Ms Garza filed the lawsuit against Mr Trump and two others, seeking $10m in damages from each defendant.

The police officer’s partner, who earlier said they both voted for Mr Trump in the election, said she “holds Donald Trump 100 per cent responsible for what happened on January 6 and all of the people that have enabled him, enabled him that day, and continue to enable him now”.

Following Sicknick’s death, a medical examiner said that the officer, who died a day after the riots, had suffered two strokes caused by a blood clot at the base of the brain stem.

The autopsy said he died of natural causes and found no evidence that he suffered any reaction to sprays used by the two rioters named in the lawsuit.

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Khater admitted to spraying Sicknick with a chemical irritant and pleaded guilty to two counts of assaulting the officer. He was sentenced to 80 months in prison.

Tanios admitted to buying the spray and pleaded guilty on two lesser misdemeanor counts and was sentenced to time served.

In his judgment, Mr Mehta said that he didn’t have to determine whether Ms Garza adequately claimed that Khater caused officer Sicknick’s death. This is because “at a minimum, Officer Sicknick’s estate can recover for any pain and suffering that he experienced before his death, and the complaint sufficiently pleads that Khater’s actions caused such harm”, he said.

Ms Garza, however, took issue with anyone claiming that the police officer’s death was unrelated to the tragic events that unfolded almost exactly a year ago in the nation’s capital.

“Brian was running from one end of the Capitol to the other end of the Capitol. He was exerting himself. And he was attacked,” she said in an interview last year to PBS. “All of those factors combined, and being highly stressed, producing a lot of adrenaline and cortisol in the body... [he was] worrying about his colleagues, as well as himself.”