The lawsuit was filed by the father of one of two men shot and killed by then-17-year-old Kyle Rittenhouse in Kenosha, Wisconsin.
A federal judge has found that the wrongful death lawsuit filed by the father of a man shot and killed by Kyle Rittenhouse can proceed.
According to The Associated Press, the lawsuit was filed on behalf of the father of Anthony Huber, one of two men killed by Rittenhouse during Black Lives Matter protests in Kenosha, Wisconsin.
The complaint, adds The Associated Press, names Rittenhouse, Kenosha Police officers, and other officials as defendants.
In his lawsuit, John Huber alleges that Rittenhouse, who was 17 years old at the time of the shootings, conspired with local law enforcement to cause harm to Black Lives Matter protesters.
Huber is seeking unspecified damages from the defendants.
U.S. District Judge Lynn Adelman on Wednesday dismissed motions filed by Rittenhouse and Kenosha Police officers have to have the lawsuit dismissed.
In her ruling, Adelman said that Anthony Huber’s death “could plausibly be regarded as having been proximately caused by the actions of the governmental defendants.”
Shane Martin, an attorney for Rittenhouse, told The Associated Press that the ruling does not address the merits of the case.
“While we respect the judge’s decision, we do not believe there is any evidence of a conspiracy and we are confident, just as a Kenosha jury found, Kyle’s actions that evening were not wrongful and were undertaken in self-defense,” Martin said in a telephone interview with The Associated Press.
Adelman also dismissed Rittenhouse’s request that the lawsuit be scrapped.
In court filings, attorneys for Rittenhouse said that their client had not been served the complaint.
However, Adelman said that Rittenhouse “is almost certainly evading service” of the lawsuit.
“Rittenhouse has been deliberately cagey about his whereabouts,” Adelman said. “Although he denies living in Florida, he does not identify the place that he deems to be his residence.”
Anand Swaminathan, an attorney for the Huber family, praised Adelman’s ruling as “one step closer to justice.”
“The Kenosha officials that created a powder keg situation by their actions tried to claim that they cannot be held accountable for their unconstitutional conduct; that argument was soundly rejected today,” Swaminathan said in a statement announcing the ruling.
Rittenhouse, notes the B.B.C., travelled from his then-residence in Illinois to Kenosha, claiming that he had wanted to help local law enforcement protect property from Black Lives Matter protesters.
Armed with a semi-automatic rifle, Rittenhouse opened fire on protesters he believed were threatening his personal safety, killing 26-year-old Huber, 36-year-old Joseph Rosenbaum, and injuring 27-year-old Gaige Grosskreutz.
While Rittenhouse faced criminal charges, including homicide and attempted homicide, he was eventually acquitted by a jury on all accounts.
Sources
Kyle Rittenhouse lawsuit brought by father of man killed can proceed
Lawsuit can proceed against Kenosha shooter Kyle Rittenhouse
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