Former President Donald Trump and two others received positive news on Tuesday regarding their civil lawsuit concerning the death of U.S. Capitol Police officer Brian Sicknick on January 6, 2021, at the Capitol Building.
U.S. District Judge Amit Mehta, who was appointed by President Obama, dismissed three out of five civil counts in the lawsuit filed by Sicknick’s girlfriend, Sandra Garza, a year ago. The lawsuit sought damages from Trump and the Jan. 6 rioters Julian Khater and George Tanios for wrongful death, conspiracy to violate civil rights, and negligence per se based on an anti-riot law in D.C.
According to Fox News, Mehta’s ruling dismissed the count related to wrongful death and both allegations of negligence per se. The news outlet further reported, “While Mehta dismissed the wrongful death and negligence civil counts against Trump, Garza’s claims against the defendants under D.C.’s Survival Act and the conspiracy to violate a civil rights claim will proceed. The Survival Act allows an individual’s legal representative to pursue legal action on their behalf after their death.”
Mark Zaid, Garza’s attorney, stated that he and his client are currently considering their options for the next steps, including the possibility of deposing Trump after the ruling.
“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,” Zaid said.
Khater and Tanios both used pepper spray on Sicknick, who was on duty during the riot. He passed away the following day due to two thromboembolic strokes.
According to the D.C. Medical Examiner’s office, Sicknick’s cause of death was determined to be “natural” and resulted from a series of strokes. They also stated that everything that occurred on January 6 played a role in his condition.
Recently, a federal appeals court denied his attempt to dismiss civil claims against him, holding him responsible for the events of January 6, citing presidential immunity.
In December, the federal judge overseeing Trump’s trial for interfering in the election, which stemmed from incidents on January 6, temporarily halted the case while an appeal to have it completely dismissed is being processed.
Judge Tanya Chutkan issued her ruling late Wednesday, which stated, in part, that it “automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on the defendant.”
The Hill reported: “Trump last week appealed an order from Chutkan that rejected his motion to dismiss the Jan. 6 case, likewise asking that she halt activity in the case while his appeal proceeds. The move comes as Trump has argued the courts should dismiss the case both on the concept of presidential immunity as well as on constitutional grounds, including the First Amendment.”
“If jurisdiction is returned to this court, it will—consistent with its duty to ensure both a speedy trial and fairness for all parties—consider at that time whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4, 2024,” wrote Chutkan in her order.
Trump’s appeal has the potential to disrupt the current trial start date of March 4, which coincides with the Super Tuesday primaries. Federal prosecutors contend that Trump is employing all available tactics to delay the trial, possibly extending it beyond the November 2024 election, a right he possesses under the law.
Simultaneously, special counsel Jack Smith pursued Trump’s appeal to the D.C. Circuit Court of Appeals, but his subsequent filing to the U.S. Supreme Court was denied in the previous month.