Portion of lawsuit against Trump filed by Capitol Police officer’s partner dismissed

by Lauren Sforza - 01/03/24 10:25 AM ET

A federal judge dismissed a portion of a lawsuit filed against former President Trump by the partner of Capitol Police officer Brian Sicknick, who died just one day after responding to the Jan. 6, 2021, attacks on the Capitol.

Sandra Garza, the longtime partner of Sicknick, filed a lawsuit last year against Trump and rioters Julian Khater and George Tanios for allegedly being “directly and vicariously liable” for the police officer’s death.

Garza was also seeking $30 million in damages from Trump and the two rioters and alleged wrongful death in the lawsuit — a claim that U.S. District Judge Amit Mehta said in his ruling Tuesday that Garza lacked the “statutory standing” to file.

“Her 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,” the order reads. “Garza therefore cannot recover the damages she personally seeks under the Act. The Wrongful Death Act claim therefore is dismissed.”

Sicknick suffered two strokes and died of natural causes the day after he worked to defend the Capitol in 2021.

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Mehta dismissed two counts of negligence Garza brought against Trump.

However, he allowed the claims brought against the former president under Washington, D.C.’s Survival Act to move forward. The law allows a “legal representative” of the deceased to file a claim on their behalf after their death, according to the court documents.

Mehta also tossed Trump’s argument that he had immunity from the lawsuit.

The judge pointed to a recent ruling by District Judge Tanya Chutkan that concluded that Trump did not have presidential immunity from lawsuits connected to the insurrection.