Members Of Jan. 6 Mob Sue Police Who Fended Off Capitol Attack

Members of the mob that stormed the Capitol on Jan. 6, 2021 are suing the federal government for tens of millions of dollars in damages, claiming that the “indiscriminate” use of force by police officers repelling the attack caused them physical and emotional injuries.

The lawsuit, filed in Florida, takes aim at the conduct of Capitol Police and Washington, D.C.’s Metropolitan Police Department, whose outnumbered officers fended off the mob for hours while members of Congress fled.

Among the lead plaintiffs in the class action lawsuit: A.J. Fischer, a member of the Proud Boys who was charged with assault before his case was erased by President Donald Trump’s sweeping pardon. He sued along with Patrick and Marie Sullivan, who described being present in the crowd that day, pelted with pepper balls and afflicted by chemical spray. The Sullivans were not criminally charged for their conduct on Jan. 6.

Fischer and the Sullivans are looking to represent a class of plaintiffs that includes dozens of others present that day on the Capitol’s West Front, the scene of the most violent confrontations between rioters and police.

Among those the lawsuit identifies as eligible to join the class, if a federal judge signs off, are others convicted of felony assaults: Dominic Pezzola, a Proud Boy who ignited the breach of the Capitol itself when he smashed a window with a stolen riot shield and Christopher Worell, a Proud Boy who unleashed pepper spray at a line of police officers. Also on the list, pro-Trump livestreamer Anthime Gionet, who is better known by his moniker “Baked Alaska," who pleaded guilty to a misdemeanor count.

Fischer and his allies say the Capitol and D.C. police uncorked a wanton barrage of non-lethal munitions on the crowd, firing recklessly at protesters who were not among those causing chaos or violence. They say the use of rubber bullets, chemical spray, flashbangs and other crowd control munitions was dangerous and caused numerous injuries.

Jan. 6 defendants are hopeful that the administration will look favorably on their claims, particularly as the Justice Department has signaled its willingness to forge settlements with other aggrieved Trump allies.

The administration settled a multimillion dollar lawsuit with the estate of Ashli Babbitt, who was shot and killed by a Capitol Police officer as she attempted to breach the House chamber during the riot. And last week, the administration inked a $1.25 million settlement with former national security adviser Michael Flynn, who once pleaded guilty to lying about his contacts with Russian government officials in the weeks before Trump’s first term.

The lawsuit has landed in the courtroom of U.S. District Judge Paul Bryon, an Obama appointee in Florida.

Trump has spent the years since the attack downplaying the conduct of his supporters and claiming their subsequent prosecutions were evidence of the weaponization of law enforcement against conservatives. Members of that mob have become emboldened by Trump’s pardon and have become fixtures in the political scene on the right. One, a Jan. 6 defendant who was on trial for felony charges when Trump issued his pardon, has since been hired by the Justice Department.

Deputy Attorney General Todd Blanche, speaking last week at the annual Conservative Political Action Conference, pointed to Trump’s blanket pardon as evidence of the president’s commitment to his base. The audience included a slew of beneficiaries of that pardon, including Proud Boys leader Enrique Tarrio, who was freed by Trump from a 22-year sentence for seditious conspiracy related to his role in the riot. Tarrio is separately suing the Justice Department, claiming his prosecution was tainted by government misconduct. The Trump administration has opposed his lawsuit and defendant personnel involved in the investigation and prosecution.

Capitol and D.C. police officials declined to comment, citing the ongoing litigation. A lawyer for the plaintiffs and the Justice Department did not respond to requests for comment.

Aquilino Gonell, who retired from the Capitol Police after sustaining injuries on Jan. 6 said the litigation was “shockingly unsurprising.” “It took them long enough since they have seen other insurrectionists being rewarded with government jobs, settlements and praises for their violent attempt to overthrow our democracy and elevating them as heroes and villains at the same time.”