Federal judge dismisses parts of wrongful death lawsuit against Donald Trump on a technicality after case was brought by Officer Brian Sicknick’s partner after he died a day following Capitol attack

A federal judge has dismissed part of the wrongful death lawsuit against Donald Trump that was brought on by the partner of a Capitol police officer who died a day after the January 6 insurrection.

Brian Sicknick was injured while confronting rioters during the Capitol attack, suffered a stroke and died on January 7, 2021 from natural causes, a DC medical examiner previously ruled.

Sandra Garza, Sicknick’s longtime partner before his death, last year launched a suit against Trump and two Capitol rioters – Julian Khater and George Tanios – over the officer’s death.

But on Tuesday US District Court Judge Amit Mehta dismissed three of the five counts filed in the complaint, including wrongful death and negligence. The judge ruled that Garza lacked ‘statutory standing’ to bring a wrongful death claim because she was was not Sicknick’s spouse or legal domestic partner.

Judge Mehta has permitted other parts of the suit to move forward, including the allegation that the former president, Khater and Tanios engaged in a conspiracy to ‘violate civil rights’.

He also dismissed Trump’s claim of immunity in the case, noting how the DC Circuit Court of Appeals had already ruled that he did not have presidential immunity from lawsuits over his actions around the insurrection.

Garza filed her lawsuit against Trump and the rioters in January 2023, alleging wrongful death, conspiracy to violate civil rights, two counts of negligence under an anti-riot law in DC, and a claim under the DC Survival Act.

The complaint, which sought at least $10million in damages, argued that Sicnick’s death was a ‘direct and foreseeable consequence’ to their actions that day. 

Judge Mehta on Tuesday dismissed the wrongful death claim on a technicality, ruling that Garza’s ‘contention that a ‘domestic partnership’ was established simply by Officer Sicknick ‘having identified Garza as his ‘domestic partner’ in his will finds no basis in the plain text of the statute.’

In the judgement, which was reviewed by MailOnline, he wrote: ‘Garza therefore cannot recover the damages she personally seeks under the Act.’

The judge did permit the conspiracy to violate civil rights charge and the DC Survival Act claim to proceed. 

The Survival Act allows an person’s legal representative to pursue legal action on their behalf after their death. Garza is the representative of Sicknick’s estate.

Khater was sentenced to six years in prison after he pleaded guilty to two counts of assaulting, resisting or impeding officers with a dangerous weapon. He had sprayed Sicknick in the face with pepper spray during the violent riot.

Tanios pleaded guilty to two misdemeanors charges related to the riot. He was sentenced to time served and one year of supervised release.

Neither of the men were criminally charged with Sicknick’s death. 

In his judgement, Mehta said he did not have to determine whether Garza adequately claimed that Khater caused officer Sicknick’s death because ‘at a minimum, Officer Sicknick’s estate can recover for any pain and suffering that he experienced before his death, and the complaint sufficiently pleads that Khater’s actions caused such harm’. 

An attorney for Garza has said they are pleased with the judgement and considering next steps.

Mark Zaid, one of the attorneys representing Garza, told CBS News: ‘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.’