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Jan. 6 Defendants Sue Federal Government, Alleging Excessive Force By Capitol and DC Police

Staff
March 31, 2026
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Participants in the Jan. 6, 2021 Capitol breach are suing the federal government for tens of millions of dollars in damages, claiming that indiscriminate use of force by law enforcement caused physical and emotional injuries.

The lawsuit, filed in Florida, targets the actions of both the US Capitol Police and the Metropolitan Police Department of Washington, DC, alleging the use of rubber bullets, chemical spray, flashbangs, and other crowd-control measures was reckless and improperly directed at individuals who were not engaged in violence.

Among the lead plaintiffs are A.J. Fischer, a member of the Proud Boys previously convicted of assault who was later pardoned by President Trump, along with Patrick and Marie Sullivan, who say they were in the crowd and were struck by pepper balls and exposed to chemical spray.

The proposed class action seeks to represent dozens of individuals present on the Capitol’s West Front. The plaintiffs argue law enforcement unleashed a “wanton barrage” of non-lethal munitions that caused widespread injury.

The case has been assigned to US District Judge Paul Byron, an Obama appointee in Florida.


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