The ruling means the lawsuit may proceed on part of the claims.
A federal judge dismissed three of five civil counts brought against former President Donald Trump and his codefendants in a Jan. 6 case related to the death of Capitol Police Officer Brian Sicknick.
The lawsuit was brought by Sandra Garza, the longtime ex-girlfriend of Mr. Sicknick, who died of a stroke following the Jan. 6, 2021, breach of the U.S. Capitol, during which he was pepper sprayed. Ms. Garza is also the representative of Mr. Sicknick’s estate.
On Tuesday, U.S. District Judge Amit Mehta issued a split decision, granting in part and denying in part the motions to dismiss filed by lawyers for President Trump and two men accused of pepper spraying Mr. Sicknick. This charge was dropped against one of the men, and neither was charged criminally for the death.
In total, the court dismissed one count of wrongful death and two counts of negligence per se against President Trump and the two men, Julian Khater and George Tanios, who clashed with police on Jan. 6.
The ruling means that Ms. Garza can proceed with a claim against President Trump under D.C.’s Survival Act, which allows a representative of Mr. Sicknick’s estate to take legal action on his behalf after his death.
The ruling also dismissed a defense made by Mr. Tanios under the Professional Rescuers Doctrine and an immunity defense made by President Trump.
Dismissed: Wrongful Death
Judge Mehta tossed Ms. Garza’s wrongful death claims due to her lack of statutory standing because she “was not Officer Sicknick’s spouse.”
Ordinarily, the Wrongful Death Act allows the spouse or domestic partner of a person who has died to recover the financial loss they suffer as a result of the death.
However, this does not apply to Ms. Garza, as she did not file a declaration of domestic partnership in D.C. or “any other jurisdiction,” per the 12-page ruling.
Judge Mehta wrote that despite being named as Mr. Sicknick’s “domestic partner” in his will, that allegation “is not sufficient to confer statutory standing under the Wrongful Death Act.”
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