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

The lawsuit filed against ex-President Donald Trump and two other individuals involved in the Capitol riot of January 6, 2021, that culminated in the death of a Capitol Police officer, had two of its five counts dropped by a federal judge. Sandra Garza, significant other of the late officer Brian Sicknick, lodged the lawsuit last year, which made claims of wrongful death and negligence. However, U.S. District Court Judge Amit Mehta decided to dismiss these counts on the grounds that, without the legal status of spouse or domestic partner, Garza lacked the necessary legal standing to lodge such charges.

It's noteworthy that Sicknick had a fatal collapse during the Capitol insurrection and was then rushed to the hospital. Subsequent to experiencing multiple strokes, the medical examiner's report stated natural causes as the cause of death. Surveillance footage from the riot implicated two rioters, George Pierre Tanios and Julian Elie Khater, in the use of a spraying substance on police officers, including Sicknick. Both men received charges related to the assault of Capitol officers. While neither was charged specifically for Sicknick's death, Khater, who confessed to spraying Sicknick, was sentenced to over six years in prison. Tanios also was sent to prison after pleading guilty to lesser charges for purchasing the substance sprayed on the officers.

In her lawsuit, Garza sought a minimum of $10 million in damages for various claims against Khater, Tanios, and Trump. Despite the dismissal of the negligence and wrongful death counts, Judge Mehta allowed Garza's other claims against the former president to proceed under the stipulation of D.C.'s Survival Act. As per this act, the legal representative can continue the legal actions of an individual post-mortem, in this case, Garza is representing Sicknick's estate.

According to lawyer Mark Zaid, the team are exploring the next possible steps, which may include a deposition from former President Trump himself. Trump currently faces another lawsuit related to the Capitol riot and his unsuccessful efforts to stay in power post his election defeat. Trump's defense in the case centers around the idea of "presidential immunity" which he claims shields him from criminal prosecution.

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