Topline
A federal judge ruled Wednesday the family of a 26-year-old man Kyle Rittenhouse killed during tense protests in Kenosha, Wisconsin, in 2020 can sue him and city officials for wrongful death, even though Rittenhouse was found not guilty of murder in a politically charged 2021 criminal trial.
Kyle Rittenhouse testifies about Gaige Grosskreutz holding a gun toward him during his trial at the … [+]
Key Facts
Milwaukee-based District Judge Lynn Adelman dismissed a motion from Rittenhouse’s attorney to toss the suit brought by Anthony Huber’s father, saying, “it is conceivable that the facts will develop in a way that allows a jury to conclude that Rittenhouse acted negligently rather than intentionally.”
Adelman notably rejected a claim from Rittenhouse’s lawyer that his client wasn’t properly served since the plaintiff’s legal team could not find where he lived, but eventually served the suit to his sister in Florida.
Rittenhouse was found not guilty at a November 2021 double murder trial for killing protesters Huber and Joseph Rosenbaum, 36, and wounding 26-year-old Gaige Grosskreutz, after his attorneys argued he shot them in self-defense.
Huber’s father filed his wrongful death lawsuit against the city of Kenosha and other government agencies in August 2021, and named Rittenhouse as a defendant the following January, months after Rittenhouse was acquitted of murder in his son’s death.
Civil wrongful death cases require a much lower burden of proof to win than murder cases, with a plaintiff only needing to show negligence that led to a death, rather than prosecutors in a murder trial having to prove criminal intent.
Rittenhouse’s attorney did not immediately respond to a request for comment from Forbes.
Crucial Quote
“Plaintiff has made extensive efforts to serve him. He engaged three professional investigators who have spent more than 100 hours searching for Rittenhouse all over the country,” Adelman wrote. “Rittenhouse, in contrast, is almost certainly evading service.”
Key Background
Rittenhouse’s trial became a focal point of political controversy during the turmoil of 2020’s protests and riots, with many on the left arguing he carried out vigilante-style killings and many on the right hailing him as a hero of self-defense rights during a chaotic situation. Rittenhouse traveled to Kenosha days after police there shot Jacob Blake—an unarmed Black man—leaving him paralyzed from the waist down, which sparked protests that at times turned violent. Rittenhouse was one of several armed individuals who traveled to Kenosha ostensibly to serve as a de facto police force to protect businesses when riots grew out of control. The lawsuit claims Rittenhouse, who was 17 at the time, was ill-prepared to serve in such a role. Among its arguments are that it may not have been legal for Rittenhouse to brandish the AR-style semi-automatic he killed Huber and Rosenbaum with.
Further Reading
Kyle Rittenhouse Found Not Guilty On All Counts (Forbes)
Federal Prosecutors Won’t Charge Wisconsin Cop Who Shot Jacob Blake (Forbes)
Source: https://www.forbes.com/sites/nicholasreimann/2023/02/01/family-of-man-killed-by-rittenhouse-can-sue-him-for-wrongful-death-judge-rules/