Trump Sued for Wrongful Death of Officer at Jan. 6 Capitol Riot

January 6, 2023 by Tom Ramstack
Trump Sued for Wrongful Death of Officer at Jan. 6 Capitol Riot
A tribute to U.S. Capitol Police Officer Brian Sicknick on Capitol Hill a week after the Capitol riot. (Photo by Dan McCue)

WASHINGTON — The estate of a police officer who died a day after the Jan. 6, 2021, insurrection at the U.S. Capitol is suing former President Donald Trump and two rioters.

The lawsuit filed Thursday in federal court in Washington, D.C., says Trump’s “campaign of lies and incendiary rhetoric” incited the mob violence that contributed to Officer Brian Sicknick’s death.

“That attack on the United States Capitol cost U.S. Capitol Officer Brian Sicknick, who was bravely defending the cradle of American Democracy, his life,” the lawsuit says.

Sicknick was in a police line defending the Capitol’s Lower West Terrace when rioters tried to push their way into the building. Two of the rioters named in the lawsuit, Julian Khater and George Tanios, hit and kicked Sicknick and other officers, the lawsuit says.


In addition, Khater sprayed Sicknick in the face with bear spray he got from Tanios, the lawsuit says.

Sicknick died on Jan. 7 after suffering two strokes, according to a report from the District of Columbia’s Office of the Chief Medical Examiner. The examiner, Francisco Diaz, said in later press reports that the assault Sicknick, 42, endured “played a role in his condition.”

His body lay in state under the Capitol Rotunda before his funeral.

The lawsuit filed against Trump, Khater and Tanios alleges wrongful death. It seeks more than $10 million in damages.

Khater and Tanios were arrested in March 2021. Tanios pleaded guilty to entering a restricted building and disorderly conduct. Khater pleaded guilty to two counts of assaulting or resisting an officer with a dangerous weapon.

Both are scheduled to be sentenced Jan. 27.

Sandra Garza, Sicknick’s partner and administrator of his estate, said in her lawsuit that Trump should not be allowed to escape liability for orchestrating a violent attempt to stop Congress from certifying a presidential election victory in favor of his opponent, Joe Biden.

“Out of options and out of time, defendant Trump finally called his supporters to Washington, D.C., on the day Congress met to certify President-elect Biden’s win, telling them to ‘Stop the Steal’ and that the day ‘will be wild,’” the lawsuit says.


“Defendant Trump implored the crowd to ‘fight like hell’ and ‘walk down Pennsylvania Avenue … to the Capitol,’” according to the lawsuit.

It adds, “Many participants in the attack have since revealed that they were acting on what they believed to be defendant Trump’s direct orders in service of their country.”

Trump’s potential civil and criminal liability continues to be a subject of uncertainty in Congress and the Justice Department.

Presidents normally are protected from liability by the “executive privilege” the Constitution grants them to prevent legal barriers that might interfere with carrying out their duties.

Garza, along with members of the House Select Committee on the Jan. 6 Attack on the U.S. Capitol, say Trump was acting outside the scope of his authority as president when he made a speech on the White House Ellipse the morning of Jan. 6, 2021.

Trump also told the thousands of his supporters who gathered on the Ellipse, “And if you don’t fight like hell, you’re not going to have a country anymore.” 

Last month, the House Jan. 6 committee referred criminal charges against Trump to the Justice Department. The referrals recommended charges of obstruction of an official proceeding; conspiracy to defraud the United States; conspiracy to make a false statement and “incite,” “assist” or “aid and comfort” an insurrection. 

Justice Department officials have not yet indicated whether they will follow through by prosecuting Trump.

The lawsuit filed Thursday adds to other legal claims against Trump brought by Democratic lawmakers and law enforcement officers who were assaulted during the insurrection.

A U.S. District Court judge has ruled Trump could be personally liable for his actions but the ruling is pending on appeal before the U.S. Circuit Court of Appeals in Washington.

The Jan. 6 riot is blamed for five deaths and injuries to 140 law enforcement officers.


The case is Sandra Garza v. Donald J. Trump et al. in the U.S. District Court for the District of Columbia.

Tom can be reached on Twitter at @tramstack.

A+
a-

In The News

Health

Voting

Law

Lawsuit: Slurs, Coercion at BBQ Chain With Racist History

COLUMBIA, S.C. (AP) — A South Carolina barbecue chain known for its pro-segregation stance in a landmark 1960s case and... Read More

COLUMBIA, S.C. (AP) — A South Carolina barbecue chain known for its pro-segregation stance in a landmark 1960s case and its embrace of the Confederate flag in 2000 is facing allegations of racism and sexual harassment by the fired general manager of one of its restaurants.... Read More

Trump Legal Woes Force Another Moment of Choosing for GOP

ORLANDO, Fla. (AP) — From the moment he rode down the Trump Tower escalator to announce his first presidential campaign,... Read More

ORLANDO, Fla. (AP) — From the moment he rode down the Trump Tower escalator to announce his first presidential campaign, a searing question has hung over the Republican Party: Is this the moment to break from Donald Trump? Elected Republicans have wavered at times — whether it... Read More

March 20, 2023
by Dan McCue
McCarthy Urges Calm if Trump Arrested

WASHINGTON — House Speaker Kevin McCarthy, R-Calif., said Sunday that he doesn’t think people should protest if former President Donald... Read More

WASHINGTON — House Speaker Kevin McCarthy, R-Calif., said Sunday that he doesn’t think people should protest if former President Donald Trump is arrested on charges brought by the Manhattan district attorney’s office. On Saturday, Trump took to his Truth Social social media site to say that... Read More

March 18, 2023
by Dan McCue
Metro Police Monitoring Situation After Trump Calls for Protests

WASHINGTON —The Metropolitan Police Department is not aware of any protests planned in the district in the wake of former... Read More

WASHINGTON —The Metropolitan Police Department is not aware of any protests planned in the district in the wake of former President Donald Trump’s “announcement” he’ll be arrested next week, but is continuing to monitor the situation, a spokesman told The Well News on Saturday afternoon. For... Read More

March 17, 2023
by Dan McCue
International Court Issues War Crimes Warrant for Putin

THE HAGUE, Netherlands — The International Criminal Court issued an arrest warrant for Russian President Vladimir Putin on Friday charging... Read More

THE HAGUE, Netherlands — The International Criminal Court issued an arrest warrant for Russian President Vladimir Putin on Friday charging him in relation to the ongoing abductions of children from Ukraine. The move marks the first time a leader of one of five permanent members of... Read More

March 14, 2023
by Dan McCue
Ohio Sues Norfolk Southern Over East Palestine Derailment

COLUMBUS, Ohio — The state of Ohio filed a 58-count civil lawsuit against Norfolk Southern Tuesday, seeking to hold the... Read More

COLUMBUS, Ohio — The state of Ohio filed a 58-count civil lawsuit against Norfolk Southern Tuesday, seeking to hold the Class 1 railroad financially responsible for the Feb. 3 derailment in East Palestine that caused the release of an estimated 1 million gallons of hazardous chemicals.... Read More

News From The Well
scroll top