Jan. 6 Insurrectionists Sue Government, Claim Police Brutality Amid Capitol Chaos

Participants in the January 6 Capitol riot have initiated a class action lawsuit against the federal government, demanding millions in damages. They assert that law enforcement employed excessive force against the pro-Trump crowd that stormed the Capitol in 2021.

Filed in Florida on Friday, the lawsuit contends that police “indiscriminately launched explosive munitions, chemical agents, and impact projectiles into a peaceful crowd and physically assaulted members of the crowd” as rioters attempted to overturn the certification of Joe Biden’s 2020 election victory.

Leading the charge is Alan Fischer, a Florida resident linked to the Proud Boys, who gained notoriety through modeling photos. He is joined by two other participants from January 6, Patrick and Marie Sullivan, neither of whom faced charges. Fischer received clemency from President Donald Trump alongside approximately 1,500 others involved in the Capitol riot, resulting in the dismissal of his case before it could be adjudicated.

The lawsuit lists 35 additional individuals who filed written administrative claims over six months ago under the Federal Tort Claims Act. Among them is a former Boston police K-9 officer sentenced to 20 months in federal prison after labeling his actions on January 6 “an abomination.” Another Proud Boy received a 10-year sentence for assaulting officers with pepper spray gel after evading authorities just before his sentencing. Additionally, Andrew Paul Johnson, convicted of child molestation this year, was sentenced to life in prison after allegedly attempting to silence a victim with promises of government payouts.

In total, the class action could encompass 46 individuals seeking over $18.4 million, with potential expansion to “hundreds or potentially thousands of individuals,” according to the lawsuit.

Neither the Justice Department nor an attorney representing the plaintiffs responded promptly to requests for comment. Reports surfaced earlier Monday regarding this lawsuit.

The U.S. government has faced multiple lawsuits related to January 6 during Trump’s second term. One notable case involves the estate of Ashli Babbitt, a rioter shot and killed by a Capitol Police officer. Babbitt’s family and the conservative group Judicial Watch are suing for $30 million, alleging negligence on the part of a U.S. Capitol Police lieutenant who fired at her. The administration settled with Babbitt’s estate for nearly $5 million, although Judicial Watch clarified that this settlement should not be interpreted as an admission of liability by the government. Previous investigations by both the Justice Department and Capitol Police cleared the lieutenant of any wrongdoing.

Simultaneously, the Justice Department has opposed a lawsuit from former Proud Boys leader Enrique Tarrio, whose sentence was commuted by Trump last year. Tarrio claims his prosecution was compromised.

This ongoing lawsuit involving Tarrio and other Proud Boys defendants has seen a judge mandate earlier this month that they disclose any third-party funding for their legal representation.

In another case, the Justice Department requested additional time on Monday to respond to a motion from Brian Cole, charged with planting pipe bombs near the Republican and Democratic national committees’ headquarters prior to the riot. His attorneys argue he is protected by Trump’s mass pardon for Capitol riot defendants. U.S. District Judge Amir Ali granted an extension, allowing until April 10 for the government to file its response.