Judge Dismisses Part of Trump Case

Judge Dismisses Part of Trump Case

(RepublicanPress.org) – US Capitol Police officer Brian Sicknick died the day after the January 6 riot at the nation’s capitol in 2021. The local medical examiner determined he died as the result of a series of strokes incurred, in part, due to “all that transpired” that fateful day. In early 2023, Sicknick’s longtime partner, Sandra Garza, sued former President Donald Trump and January 6 rioters Julian Khater and George Tanios for their alleged roles in the riot. However, a federal judge recently dismissed part of the case.

On January 5, 2023, Garza filed her civil complaint and request for a jury trial in the US District Court for the District of Columbia. The 47-page document contained five claims against the men.

  1. Count One: Wrongful death, all defendants
  2. Count Two: conspiracy to violate civil rights (interference with official duties), all defendants
  3. Count Three: Common–law assault, only the two January 6 rioters
  4. Count Four: Negligence per se (rioting or inciting to riot), all defendants
  5. Count Five: Aiding and abetting common-law assault (Trump only)

On January 2, US District Judge Amit Metha issued a 12-page memorandum opinion and order in the case granting in part and denying in part the defendants’ motions to dismiss. Metha ruled that although Sicknick named Garza as his domestic partner and executor of his estate, she didn’t meet the legal criteria of a domestic partner, nor was she his spouse.

As a result, Metha dismissed counts one, four, and five. However, the judge ordered the trial to continue on counts two and three, citing DC’s survival of rights of action (DC Code § 12-101). That statute allows the legal representative of a deceased individual to take legal action in their stead.

One of Garza’s attorneys, Mark Zaid, issued a brief statement to media outlets praising the court’s decision. He indicated that he and Garza were pleased the court allowed the lawsuit to continue. Zaid also said they were “considering” their next steps in the case, including possibly deposing Trump.

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