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Several participants in the January 6 United States Capitol attack are suing the federal government for tens of millions of dollars, alleging that law enforcement officers used excessive and “indiscriminate” force while defending the U.S. Capitol.
The lawsuit, filed in Florida, targets both the United States Capitol Police and the Metropolitan Police Department of the District of Columbia, whose officers battled rioters for hours as lawmakers evacuated the building.
Plaintiffs include pardoned and convicted rioters
Among the lead plaintiffs is A.J. Fischer, a member of the Proud Boys whose assault charges were wiped away by a sweeping pardon from Donald Trump.
He is joined by Patrick and Marie Sullivan, who say they were present in the crowd but did not engage in violence and were injured by pepper balls and chemical agents deployed by police.
The proposed class action could expand to include dozens of additional individuals who were on the Capitol’s West Front — the site of some of the day’s most intense clashes.
Those identified as potential members include convicted rioters such as Dominic Pezzola, who smashed a Capitol window with a stolen riot shield, and Christopher Worrell, who sprayed officers with chemical irritants. Also listed is Anthime Gionet, who pleaded guilty to a misdemeanor.
Allegations of excessive force
The plaintiffs argue that officers deployed rubber bullets, chemical spray, flashbangs and other crowd-control measures in a reckless manner, striking individuals who were not actively engaging in violence.
They describe the response as a “wanton barrage” that caused physical injuries and emotional distress.
Law enforcement officials have long defended their actions as necessary to contain a violent breach of the Capitol, where rioters overwhelmed outnumbered officers and forced Congress to halt certification of the 2020 election.
A shifting legal landscape
The lawsuit comes as some Jan. 6 defendants seek to capitalize on a changing political and legal environment.
The Trump administration has already reached high-profile settlements with some allies, including a multimillion-dollar agreement with the estate of Ashli Babbitt, who was shot and killed by a Capitol Police officer during the attack.
Separately, former national security adviser Michael Flynn reached a $1.25 million settlement with the government over claims tied to his prosecution.
Plaintiffs in the new case suggest those outcomes indicate a greater willingness by the administration to resolve claims brought by Trump supporters.
Political backdrop and DOJ tensions
The case also unfolds against a broader political shift following Trump’s sweeping pardon of many Jan. 6 defendants — a move embraced by supporters but sharply criticized by opponents.
At the Conservative Political Action Conference, Deputy Attorney General Todd Blanche pointed to the pardons as evidence of Trump’s support for his political base.
Among those benefiting was former Proud Boys leader Enrique Tarrio, whose 22-year sentence for seditious conspiracy was vacated. Tarrio has separately filed suit against the Justice Department, alleging prosecutorial misconduct — a claim the administration is contesting.
Case assigned to federal judge
The lawsuit has been assigned to Paul Byron, a federal judge in Florida appointed by former President Barack Obama.
Legal experts say the case could hinge on whether courts view the police response as a reasonable use of force under extreme circumstances or as an overreach that violated constitutional protections.
Law enforcement response
Officials from both Capitol Police and D.C. police declined to comment, citing ongoing litigation.
Former Capitol Police officer Aquilino Gonell, who was injured during the attack, said the lawsuit was unsurprising given recent developments.
“It took them long enough,” Gonell said, pointing to what he described as a pattern of Jan. 6 participants receiving pardons, settlements or public support despite their role in the attack.
If a judge certifies the proposed class, the lawsuit could expand significantly and expose the federal government to substantial financial liability.
More broadly, the case may test how courts balance claims of excessive force against the government’s duty to respond to one of the most serious attacks on the U.S. Capitol in modern history.
