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A federal judge gave former President Donald Trump and two others some good news on Tuesday in their civil lawsuit about the death of U.S. Capitol Police officer Brian Sicknick on January 6, 2021, right at the Capitol Building.
In a 12-page ruling, U.S. District Judge Amit Mehta, an Obama appointee, dismissed three of five civil counts in a lawsuit filed a year ago by Sicknick’s girlfriend, Sandra Garza. Her suit sought damages from Trump and Jan. 6 rioters Julian Khater and George Tanios for wrongful death, a conspiracy to violate civil rights, and negligence per se based on an anti-riot law in D.C.
In his ruling, Mehta dismissed the wrongful death act count and both negligence per se allegations, Fox News reported.
The outlet noted further: “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, said he and his client are “considering our next step options” to depose 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 pepper-sprayed Sicknick, who was on duty the day of the riot. He died the next evening from two thromboembolic strokes.
The D.C. Medical Examiner’s office ruled that Sicknick died of “natural causes” from a series of strokes and that “all that transpired on [January 6] played a role in his condition.”
Last month, a federal appeals court rejected his bid to dismiss civil claims to hold him accountable for what transpired on Jan. 6 based on presidential immunity.
In December, the federal judge presiding over Trump’s election interference trial stemming from incidents that occurred on Jan. 6 paused the case while an appeal to have it tossed out completely runs its course.
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.
The appeal by Trump could disrupt the date the trial is currently scheduled to begin, which is March 4, the day before the Super Tuesday primaries. Federal prosecutors have argued that Trump is attempting to use whatever means possible to upend the trial date with the hope of pushing it beyond the November 2024 election, which is his legal right to do.
But at the same time, special counsel Jack Smith followed Trump’s appeal to the D.C. Circuit Court of Appeals with his filing to the U.S. Supreme Court, which was rejected late last month.
