Jan. 6 rioters seek millions in lawsuit accusing police of excessive force

A group of people who stormed the Capitol on Jan. 6, 2021, sued the federal government on Friday, alleging that police officers used excessive force to crack down on the riot.

The lawsuit, filed in federal court in the Middle District of Florida’s Ocala Division, alleges that Capitol Police and Metropolitan Police Department (MPD) officers “indiscriminately launched explosive munitions, chemical agents, and impact projectiles into a peaceful crowd and physically assaulted” rioters, causing many to suffer injuries. 

The 15-page complaint states that the police did not give any warnings before launching those items toward the crowd, violating a Washington, D.C., law that requires police to issue verbal warnings to protesters when there “is not an imminent danger of bodily injury or significant damage” to property.

Rioters on Jan. 6, who sought to prevent Congress from certifying the election of former President Biden over President Trump in the 2020 race, smashed windows, damaged doors and vandalized congressional offices, among other damage. 

Multiple police officers present that day have also spoken about the physical and mental trauma they experienced from interactions with rioters, while Capitol Police officer Brian Sicknick died in the hospital the day after suffering two strokes on Jan. 6. Capitol Police officer Howard Liebengood and MPD officers Kyle DeFreytag, Gunther Hashida and Jeffrey Smith also died by suicide in the days after the attack.

The plaintiffs are led by Patrick and Marie Sullivan, as well as Alan Fischer. In addition to those three, 35 other individuals submitted forms pursuant to the Federal Tort Claims Act (FTCA), under which the government recognizes liability for negligent or wrongful acts of its employees. 

Eleven other people submitted forms pursuant to the FTCA, but their six-month waiting period before being able to file suit against the federal government has not elapsed yet. 

The lawsuit asks that the court issue a judgment declaring that Capitol Police and MPD officers “assaulted and battered protesters” on the west side of the Capitol on Jan. 6 and “acted negligently” by launching the previously mentioned items. It also asks the court to award plaintiffs and class members with “compensatory damages,” as well as attorneys’ fees and costs.

“The actions of the police caused physical and emotional injuries, including but not limited to chemical burns, concussive trauma, emotional distress, and other damages to plaintiffs, class members and thousands of other protesters,” the lawsuit states.

Elizabeth Grannis-Lafranchise, the communications director for MPD, said the department does not comment on pending litigation. The Hill has reached out to the Capitol Police for comment.

On his first day back in office last year, President Trump pardoned roughly 1,500 Jan. 6 defendants, fulfilling a long-standing promise he made throughout his third presidential campaign. Many of those individuals, though, have committed crimes separate from their activities at the Capitol, according to a January report from Democrats on the House Judiciary Committee.

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