Federal judge dismisses part of suit against Trump over Brian Sicknick, officer who died after Jan. 6 attack

Washington — A federal judge in Washington, D.C., has ruled that only part of a lawsuit filed against former President Donald Trump over the death of Capitol Police officer Brian Sicknick may move forward, issuing a split decision in the suit brought by his longtime partner.

U.S. District Court Judge Amit Mehta ruled Tuesday that Sicknick's partner, Sandra Garza, can proceed with her civil lawsuit against Trump over the officer's death after Jan. 6, 2021, but only on two of the counts. Mehta dismissed the wrongful death and negligence civil counts against Trump, but will allow Garza's claims against Trump under D.C.'s Survival Act to proceed. The Survival Act allows an individual's legal representative to pursue legal action on their behalf after their death. Garza is the representative of Sicknick's estate.

Garza filed the suit against Trump, as well as Jan. 6 defendants George Tanios and Julian Khater. Khater was sentenced to more than six years in prison after he admitted to spraying the officer. Tanios pleaded guilty to lesser charges. Neither of the men were criminally charged with Sicknick's death.

"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," said Mark Zaid, one of the attorneys representing Garza.

The D.C. medical examiner's office previously said Sicknick died of natural causes after suffering from two strokes at the base of his brainstem caused by a clot in an artery and noted that "all that transpired played a role in his condition," a reference to Sicknick's experience defending the Capitol on Jan. 6.

In a separate criminal case, Trump is accused of attempting to overturn the results of the 2020 presidential election, including through his actions surrounding Jan. 6. Trump has repeatedly denied culpability for the attack. 

Melissa Quinn contributed to this report.