Judge dismisses three civil counts against Trump, others over death of Jan. 6 Officer Brian

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A federal judge on Tuesday dismissed most of the civil counts against former President Donald Trump and two others in connection with the death of Capitol Police Officer Brian Sicknick during the U.S. Capitol riots on Jan. 6.

In a 12-page ruling, U.S. District Judge Amit Mehta dismissed three of the five civil counts in a lawsuit filed last January by Sandra Garza, Sicknick’s girlfriend.

Garza’s lawsuit against Trump and Jan. 6 rioters Julian Khater and George Tanios sought damages from all three men for claims of wrongful death, conspiracy to violate civil rights, and negligence per se based on D.C.’s anti-riot law.

In his ruling Tuesday, Mehta dismissed the wrongful death act count and both negligence per se allegations.

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Brian Sicknick

Capitol Police Officer Brian Sicknick, who died after Wednesday’s riot, could lie in honor within the Capitol Rotunda after sacrificing his life in the line of duty while trying to fend off rioters. (United States Capitol Police)

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, an attorney representing Garza, did not immediately respond to Fox News Digital’s request for comment.

Former President Donald Trump

Former President Donald Trump appears in a campaign-style ad posted to his Truth Social account in 2022. (Donald Trump/Truth Social)

The 42-year-old officer, who joined the Capitol Police in July 2008, responded to the chaotic scene and was pepper-sprayed by Khater and Tanios.

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He was rushed to the hospital but died the next evening from two thromboembolic strokes.

Protesters outside of the Capitol

Trump supporters occupy the West Front of the Capitol and the inauguration stands on Wednesday, Jan. 6, 2021.  (Bill Clark/CQ-Roll Call, Inc via Getty Images)

According to the ruling, the D.C. medical examiner’s office found 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.”

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Trump is facing a series of legal challenges related to his alleged role in the Capitol riot.

A federal appeals court last month rejected the former president’s efforts to dismiss civil claims seeking to hold him to account for the riot on the basis of presidential immunity.





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