A medical examiner determined at the time that Sicknick had died of "natural causes."
In her suit, filed in January 2023, Sandra Garza argued that Sicknick's death was a "direct and foreseeable consequence" of the actions taken that day by the former president and two rioters, Julian Khater and George Tanios. A medical examiner determined at the time that he had died of "natural causes," and said that "all that transpired [on Jan. 6] played a role in his condition."
According to court documents, a federal judge in Washington, DC ruled on Tuesday that the lawsuit could proceed, but only on two of the five counts. United States District Judge Amit Mehta dismissed the wrongful death count because Garza was not legally Sicknick's spouse or domestic partner. She consequently did not have standing to bring the claim to court. Garza is a representative of Sicknick's estate, but this was not deemed sufficient.
The judge also dismissed the two negligence civil counts, but allowed Garza to go after the defendants on the two counts related to DC's Survival Act, which allows a deceased person's legal representative to continue pursuing legal action on their behalf.
"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," Attorney Mark Zaid said following the decision, per Axios. "We are now considering our next step options, to include deposing former President Trump."
As he has done in other cases, Trump attempted to claim immunity, however, Mehta rejected that assertion.
According to CBS News, Tanios and Khater have both already been prosecuted over their actions on Jan. 6; the latter was sentenced to over six years in prison after admitting to spraying Sicknick while the latter pleaded guilty to less serious charges. Neither Tanios nor Khater have been criminally charged with the officer's death.
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