LATEST UPDATE

Background: We timely filed a class action Federal Civil Rights Lawsuit on January 5, 2024, under 42 USC 1983, on behalf of all demonstrators whose First Amendment and Fourth Amendment rights were violated by US Capitol and DC Police assaults on the West side of the U.S. Capitol Building. The Biden DOJ sought to dismiss the case on behalf of U.S. Government and named defendants. In 2025, under Interim US Attorneys Ed Martin and Jeannine Pirro, Trump DOJ continued to seek dismissal of these claims in Federal Court against the U.S. Government, Pelosi, and the US Capitol Police among others—in opposition to J6ers seeking justice for the crimes committed against them on January 6, 2021 outside the US Capitol.

Interim US Attorneys Ed Martin and Jeannine Pirro maintained that the government was immune to suit under 42 USC 1983, but that J6 demonstrators assaulted by police outside the Capitol had an alternative remedy under the Federal Tort Claims Act. The DC Federal Judge assigned to the case, Judge Christopher Cooper, concurred with the US Attorneys on alternate remedies, and dismissed the case on June 26, 2025, relying on DOJ charging documents and court convictions to improperly dismiss our stated facts and claims, violating Federal Rule of Civil Procedure Rule 12—which governs dismissals and mandates judging claims at this stage based solely on Plaintiffs' allegations as presented within the four corners of the complaint and viewed in their most favorable light.

Next Steps: We are now pursuing our claim under the Federal Tort Claims Act (FTCA), the remedy suggested by Trump DOJ and affirmed by the court, in DOJ's opposition to the suit under 42 USC 1983. The FTCA has a pre-suit filing requirement of notice in order to permit the applicable federal agencies to consider pre-suit negotiation and possible settlement. There is very little legal precedent for class action certifications under the FTCA, so, each J6er whose rights were violated on the West side of the Capitol who wants to pursue a claim for excessive police force will need to fill out and sign the FTCA Form 95 to start the process.

This online application will populate an FTCA Standard Form 95 for you with the personal information you provide and the generic information of our claim for you to sign, as directed by Attorney Austin Carr who is representing West Plaza J6ers in this action. We will collect the Form 95s and submit them to the DOJ/US Capitol Police in groups as they are received. We will inform you if DOJ seeks to negotiate a settlement. If they decline or decline to respond after 6 months, we will need to file a new lawsuit in Federal Court again, this time under the Federal Tort Claims Act.

Fill Out FTCA Form

42 USC 1983 Class Action Lawsuit [Dismissed June 26, 2025]

A class action civil rights lawsuit has been filed against the US Capitol Police, DC Metropolitan Police, Mayor Bowser, and Nancy Pelosi for the planned security failures and the illegal assault on early January 6th West Plaza protesters that led to the J6 riot.