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 filed by the partner of a Capitol police officer who died a day after the Jan. 6 insurrection.

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

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

But on Tuesday, U.S. District Court Judge Amit Mehta dismissed three of the five charges, including wrongful death and negligence. The judge ruled that Garza did not have “legal standing” to bring a wrongful death claim because she was not Sicknick's wife or legal partner.

Judge Mehta has allowed other parts of the case to proceed, including allegations that the former president, Khater and Tanios were involved in a conspiracy to “violate civil rights.”

He also rejected Trump's claim of immunity in the case, noting that the D.C. Circuit Court of Appeals had already ruled that he did not have presidential immunity from lawsuits over his actions surrounding the insurrection.

Trump and two other rioters were charged with wrongful death, conspiracy to violate civil rights, two counts of negligence under a D.C. anti-riot law, and a claim under the D.C. Survival Act. The photo shows rioters storming the capital on January 6, 2021

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

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 a D.C. anti-riot law, and a claim under the D.C. Survival Act .

The complaint, which sought at least $10 million in damages, argued that Sicnick's death was a “direct and foreseeable consequence” of their actions that day.

Judge Mehta on Tuesday dismissed the wrongful death claim on a technicality, ruling that Garza's “claim that a 'domestic partnership' was simply created by Officer Sicknick” after he identified Garza in his will as his “domestic partner” had no basis found in the plain text. of the statute.'

In the judgment, which was reviewed by MailOnline, he wrote: 'Garza cannot therefore recover the damages that she personally claims under the law.'

The judge allowed the conspiracy to violate civil rights charge and the D.C. Survival Act claim to proceed.

The Survival Act allows a person's legal representative to take legal action on his behalf after his death. Garza is the representative of Sicknick's estate.

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

Tanios pleaded guilty to two felonies related to the riot. He was sentenced to prison and one year of supervised release.

None of the men were criminally charged in Sicknick's death.

Judge Mehta has allowed other parts of the case to proceed, including allegations that former President Julian Khater (left) and George Tanios (right) were involved in a conspiracy to “violate civil rights.”

Rioters are seen clashing with Capitol Police officers during the violent riot on January 6, 2021

In his ruling, Mehta said he did not need to determine whether Garza sufficiently alleged that Khater caused Officer Sicknick's death because “Officer Sicknick's estate can at least recover from all the pain and suffering he experienced before his death, and the complaint sufficiently establishes that Khater's actions caused so much harm.”

An attorney for Garza said he was pleased with the verdict and was considering next steps.

Mark Zaid, one of the attorneys representing Garza, said 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 6 insurrection, may proceed.” We are now considering our next step options, including impeaching former President Trump.”