Jan 2, 2024 - Politics & Policy

Wrongful death claim dismissed against Trump, others in Brian Sicknick suit

Former President Trump during a campaign event on Dec. 19, 2023, in Waterloo, Iowa. Photo: Scott Olson/Getty Images

A federal judge on Tuesday dismissed a wrongful death claim in a lawsuit against former President Trump and two others brought by Sandra Garza, the longtime partner of fallen U.S. Capitol Police officer Brian Sicknick.

Yes, but: U.S. District Judge Amit Mehta did allow the lawsuit to proceed on a claim of conspiracy to violate civil rights, per court documents.

  • Trump's legal team had claimed he has "absolute immunity" for actions taken while he was in office, but the judge wrote that "absolute immunity does not bar suit against President Trump."

Details: The opinion states that Garza could not bring a wrongful claim against Trump and Jan. 6 rioters George Tanios and Julian Khater because she was not Sicknick's spouse, nor did she meet the legal definition of a domestic partner.

  • "Garza therefore cannot recover the damages she personally seeks under the Act," Mehta wrote.

What they're saying: Mark Zaid, one of the attorneys representing Garza, said they are pleased the lawsuit has been permitted to continue.

  • "We are now considering our next step options, to include deposing former President Trump," Zaid added.

Catch up quick: Sicknick suffered two strokes and died of natural causes a day after responding to the Jan. 6 attack.

  • The lawsuit, filed by lawyers for Garza and Sicknick's estate, seeks $10 million in damages.

Go deeper: Partner of fallen Capitol Police officer sues Trump for $10 million

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