FLORIDA — Several participants in the Jan. 6, 2021 riot filed a class action lawsuit against the federal government seeking millions of dollars in damages for claims of excessive force by police, according to court filings. The lawsuit was filed in Florida on Friday.
The lawsuit alleges that police indiscriminately launched explosive munitions, chemical agents, and impact projectiles into a peaceful crowd and physically assaulted members of the crowd as rioters stormed the U.S. Capitol to contest certification of Joe Biden's 2020 presidential election victory, according to court filings. The lawsuit states that 46 people could be part of the class action claim for more than $18.4 million.
Alan Fischer of Florida is a lead plaintiff in the class action lawsuit alongside two Jan. 6 participants who were never charged, Patrick Sullivan and Marie Sullivan, according to court filings. Fischer was associated with the Proud Boys. As a result of a clemency grant, Fischer's case was dismissed before it was adjudicated.
The lawsuit includes the names of 35 other individuals who filed written administrative claims more than six months ago under the Federal Tort Claims Act, according to court filings. The lawsuit states that the class could eventually consist of hundreds or potentially thousands of individuals.
The class action includes a former Boston police K-9 officer who was sentenced to 20 months in federal prison and a Proud Boy who was sentenced to 10 years in prison for assaulting officers with pepper spray gel, according to court filings. A Proud Boy defendant listed in the lawsuit cut off his monitoring bracelet and fled before his sentencing.
The U.S. government has been sued in multiple cases in connection with the January 6 riot during Donald Trump's presidency, according to public records. Ashli Babbitt was shot and killed by a Capitol Police officer on January 6, 2021.
Babbitt's family and the conservative group Judicial Watch sued the government for $30 million, claiming a U.S. Capitol Police lieutenant was negligent when he fired his gun at Babbitt, according to court filings. The administration settled with Babbitt's estate for nearly $5 million and Judicial Watch said the settlement should not be construed as an admission of liability by the government. The Justice Department and Capitol Police cleared the lieutenant of wrongdoing in a previous internal investigation.
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