Rep Troy Nehls sues feds for $2.5 million over J6 search by Capitol Police

The lawsuit, filed in federal court in Texas, alleges that Capitol Police officers improperly entered Nehls’ office in November 2021 and took photographs of whiteboards displaying legislative notes. According to Politico, the Capitol Police have not commented on the lawsuit but have previously denied that Nehls was targeted by its leadership. A department report claimed an officer said he entered the office during a regular security sweep because the door was left open and took pictures of notes he found concerning.

“If a Member’s office is left open and unsecured, without anyone inside the office, USCP officers are directed to document that and secure the office to ensure nobody can wander in and steal or do anything else nefarious,” said Capitol Police Chief Thomas Manger in 2022 after Nehls first raised his allegations. “The weekend before Thanksgiving, one of our vigilant officers spotted the Congressman’s door was wide open. That Monday, USCP personnel personally followed up with the Congressman’s staff and determined no investigation or further action of any kind was needed.”

Despite the explanation, Nehls has argued the incident was retaliatory, prompted by his vocal criticism of the department’s handling of the Capitol protest.

The lawsuit accused Capitol Police of violating Nehl’s First and Fourth Amendment rights as well as the Constitution’s “Speech or Debate” clause, which is intended to shield lawmakers from being questioned by authorities outside the legislative branch. However, because the Capitol Police are housed within Congress it is not clear how this clause should apply.

Nehl’s allegations previously resulted in an inspector general investigation that concluded in 2022, with the inspector general recommending the department update its procedures for handling open doors in a way that “strikes the proper balance of protecting congressional representatives and their staff from physical outside threats while simultaneously protecting their legislative proposals and work product from possibly inappropriate photography, scrutiny, and questioning by USCP employees.”