Lawsuit can proceed against Kenosha shooter Kyle Rittenhouse

By SCOTT BAUER – Associated Press

MADISON, Wisconsin (AP) — A federal judge in Wisconsin ruled Wednesday that a wrongful death lawsuit filed by the father of a man who was shot and killed by Kyle Rittenhouse during a protest in 2020 against Rittenhouse, police officers and others can do.

The father of Anthony Huber, one of two men shot and killed by Rittenhouse, filed the lawsuit in 2021, accusing officers of allowing a dangerous situation that violated his son’s constitutional rights and resulted in his death . Anthony Huber’s father, John Huber, also claimed that Rittenhouse, who was 17 at the time of the shooting, was conspiring with law enforcement to harm protesters. John Huber is seeking unspecified damages from city officials, officials and Rittenhouse.

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US District Judge Lynn Adelman on Wednesday dismissed motions by Rittenhouse and the government defendants to dismiss the civil rights lawsuit.

In allowing the trial of Rittenhouse and the others, the judge said that Anthony Huber’s death “could plausibly be considered to be directly caused by the actions of the government defendants.”

Rittenhouse’s attorney, Shane Martin, said in a phone interview that it’s important to note that the ruling does not address the merits of the case, but only allows it to proceed to the next phase.

“While we respect the judge’s decision, we do not believe there is evidence of conspiracy and we are confident that Kyle’s actions that night, as determined by a Kenosha jury, were not wrongful and were taken in self-defense ‘ said Martin.

Attorneys and private investigators for John Huber spent over 100 hours locating Rittenhouse and tracking down addresses in seven states before finding his mother and sister’s Florida home. The lawsuit was served on Rittenhouse’s sister, who said he was not at home. Adelman said that was sufficient to qualify as served.

Rittenhouse had argued that the lawsuit against him should be dismissed because the lawsuit was not properly served on him. Adelman dismissed this, saying that Rittenhouse “is almost certainly evading duty.”

“Rittenhouse was deliberately reticent about his whereabouts,” Adelman wrote. “Although he denies living in Florida, he does not state where he considers his residence.”

Accused law enforcement attorneys and government officials did not immediately respond to emails asking for comment.

The verdict brings Anthony Huber’s family “a step closer to justice for the needless death of their son,” said Anand Swaminathan, one of the attorneys for parents John Huber and Karen Bloom.

“Kenosha officials, who have created a powder keg situation by their actions, have attempted to claim that they cannot be held accountable for their unconstitutional conduct; That argument was firmly rejected today,” Swaminathan said in a statement.

Rittenhouse was charged with murder, attempted murder and reckless endangerment for killing Anthony Huber and Joseph Rosenbaum and wounding a third person with an AR-style semi-automatic rifle, Jacob, during a tumultuous night of protests over the shooting dead of a black man in the summer of 2020 Blake, by a white cop from Kenosha.

Rittenhouse was acquitted of all charges in November 2021 after testifying that he acted in self-defense. Rittenhouse’s actions became a focal point in the debate about guns, vigilante justice, and racial injustice in the United States

Rittenhouse went to Kenosha from his home in nearby Antioch, Illinois after stores were looted and burned the nights after Blake’s shooting. He joined other armed civilians on the street and carried a gun that authorities said had been purchased illegally for him because he was a minor.

Rittenhouse first killed Rosenbaum, 36, in a dealership parking lot, and as Rittenhouse ran from the scene, he tripped and fell. Anthony Huber, 26, hit Rittenhouse with his skateboard and tried to disarm him. Rittenhouse fell to the ground and shot Anthony Huber and injured protester Gaige Grosskreutz, 27.

This case is one of several ongoing civil lawsuits filed in the wake of the shootings. Grosskreutz filed a similar lawsuit against Rittenhouse last year.

Rittenhouse has maintained a high public profile, particularly on social media, where he is an outspoken advocate for gun rights. He has nearly 1 million followers on Twitter and has spoken at conservative gatherings.

Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, transcribed or redistributed without permission.

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