A Lawsuit Against Donald Trump

Two injured Capitol guards are suing Trump over the attack of the Capitaol building. They blame him. This is the text of the lawsuit:

INTHE UNITED STATES DISTRICTCOURT FOR THE DISTRICTOF COLUMBIA : JAMESBLASSINGAME : and : SIDNEYHEMBY : Plaintiffs CaseNo DONALDJ.TRUMP : : Defendant COMPLAINT 1 This is a complaintfor damagesbyU.S.CapitolPoliceofficersfor physicaland emotional injuries caused by the defendant Donald Trump’s wrongful conduct inciting a riot on January 6 , 2021, by his followers trying to overturn the results of the 2020 presidential election. I. THE PARTIES 2 Theplaintiffs James BlassingameandSidneyHembyare UnitedStates CapitolPolice officers. They arebothresidentsand citizensof Maryland. The defendantDonaldJ. Trump was the 45th President ofthe United States, from January 20, 2017, to January 20, 2021. He is a resident and citizenof Florida. Case 1 :21-cv-00858 Document 1 Filed 03/30/21 Page 2 of 40 II. JURISDICTIONANDVENUE 3 . This Court has jurisdiction under 28 U.S. C. 1332(a)( 1) because the parties are of diverse citizenship. The amount in controversy exceeds $75,000, not counting interest and costs. 4 Venue is proper in this judicialdistrict pursuant to 28 U.S.C. 1391 b)(2) because most of the events giving rise to the claims occurred in the DistrictofColumbia. III. FACTUALBACKGROUND Introduction 5 . PFCJames Blassingameis a 17-year veteranof the UnitedStates CapitolPolice (USCP) . PFCSidneyHembyis an 11-year veteranof the USCP. 6 . Both United States Capitol Police Officers reported for duty on January 6 , 2021, without any suspicion that they would soon become the targets of Trump’s followers . Those followershadassembledinWashingtonat Trump’scalling for a rally at the WhiteHouse Ellipsethat quicklyevolvedintoa violent insurrectionat the Capitol. 7 The insurrectionists were spurred on by Trump’s conduct over many months ingetting his followersto believehis false allegationthat he was about to be forcedout ofthe White House because of massive election fraud by his presidential adversary Joe Biden, and that the convening of Congress on January 6 to count the Electoral College results and declarethe winner was their last chance to “ stop the steal.” 8 The insurrectionist mob, which Trump had inflamed, encouraged, incited, directed, and aided and abetted, forced its way over and past the plaintiffsand their fellow officers, pursuing and attacking them inside and outside the United States Capitol, and causing the injuries complainedofherein. 2 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page 3 of 40 9 . As a result ofTrump’s speech on January 6th, 2021, his conduct and statements leading up to andonthat date, and his failure on that date to take timely actionto stophis followersfrom continuedviolenceat the Capitol, Trump committedtorts thatresultedin injuriesto UnitedStates CapitolPoliceofficersand MetropolitanPoliceDepartment officers, includingthe plaintiffs. These torts include: DirectingAssault andBattery Aiding andAbettingAssault and Battery DirectingIntentionalInflictionofEmotionalDistress LiabilityPerSe for ViolationofD.C. Code 22-1322 – Incitementto Riot LiabilityPerSe for Violation ofD.C.Code 22-1321 DisorderlyConduct B. Trump’sCo luct Leading Up To the 2020 Presidential ction 10 During his 2016 campaign, and throughout his presidency, Trump hadthreatened violencetowardshis opponents, encouragedhis followersto commitacts ofviolence, and condonedacts ofviolencebyhis followers, includingwhite supremacistsand far right wing hate groups. 11. Trump’s stoking ofviolence by his followers accelerated during the 2020 presidential campaign. Duringthe firstpresidentialdebate, heldon September29, 2020 Trump repeatedly asserted, without evidence, that the electionwould be fraudulent and rigged: “ There’s fraud. They found them [ballots) in creeks. They found some, just happened to have the name Trump just the other day ina wastepaper basket. This is going to be a fraud like you’ve never seen ;” “ a rigged election ; “ This is not goingto endwell. 12 Asked during that first presidential debate by moderator Chris Wallace to condemn white supremacists and far right-wing hate groups, Trump responded, “ProudBoys, stand back and stand by.” Minutes later, the Chairmanofthe Proud Boys, Enrique Tarrio, posted a 3 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page4 of 40 messageon Parler, a socialnetworkingservicepopularamongextremistgroups, saying, “ Standing by sir. ” The ProudBoys would go on to become a core group ofJanuary 6 insurrectionists 13. Wallaceasked ifTrumpwouldurge his supportersto “stay calm , ” followingthe election, and “ not to engage in any civil unrest. Trump responded, “ Ifit’s a fair electionI am 100% onboard. ButifI see tens ofthousandsofballotsbeingmanipulated, I can’tgo along with that.” When Wallace then asked ifthat meant he was going to tell your peopleto take to the streets, ” Trump did not directly respond, but said, “ They [Democrats cheat. They cheat. Hey, they foundballotsin a wastepaperbasket three days ago, and they all had the name military ballots. There were military. They all had the name Trump on them .” Trump never provided any real evidence to support his claims that Democrats were throwing out ballots that had been cast for him. 14. In the days leading up to the election, Trump repeated his assertion that his adversaries were trying to steal the election, which preparedhis followers for more such baseless assertionsonce the electionwas over. Trump Lost the 2020 PresidentialElection and Immediately Stepped Up His False Claims of a Stolen Election 15. On the nightof the election, at 2:30 a.m.on November4 , in a smallrallyheldat the White House, Trump claimedthat hehadwon the election, even thoughhundredsof thousands ofvotes inkey swing states were stillbeing counted. As more votes were counted, particularly from high-population areas, it became increasingly apparent that Joe Bidenhad won the election. This promptedTrump to begin repeatedly tweeting that the 4 Case 1 :21-cv-00858 Document 1 Filed 03/30/21 Page 5 of 40 electionwas beingstolen: DonaldJ. Trump @realDonaldTrump Some or all of the content shared in this Tweet is disputed and might be misleading about an election or other civic process. Learn more We are up BIG, but they are trying to STEAL the Election . We will never let them do it. Votes cannot be cast after the Polls are closed ! Learnabout US2020 electionsecurityefforts 12:49AM , 2020 TwitterforiPhone 16. On November 5 Trump made a statement, “ Ifyou count the legal votes, I easily win. If you count the illegal votes, they can try to steal the election from us.” 17. On Saturday, November7 every majornewsorganizationin the country calledthe electionfor JoeBidenafterthe count inPennsylvaniashowedhe heldan insurmountable lead D. Trump Called for a “ Wild ” Protest on January 6 2021, and His Followers Took His Words as a Call to Arms 18. Inthe weeks followingthe election, as several states beganrecounts, Trump continued claimingthat the electionwas beingstolen, despiteofferingno evidence that was found meritoriousby anyofthe dozensofcourts that consideredhis and his allies’ post-election lawsuits 19. Trump’sclaimsoffraud immediatelyfollowingthe electionledto his followers, often armed, descendingon state capitolsand othergovernmentbuildingsthroughoutthe country. Betweenthe electionon November3 , 2020, and January 6 , 2021, there were 5 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page 6 of 40 dozensof protests aroundthe country by Trump’sfollowers. Two of these events occurred in the nation’s capital, and at both ofthem police officers were injuredtrying to restrainTrump’sfollowers. Trump knew that bothevents hadturnedviolent. 20 Trump promoted a rally planned for November 14, 2020 , inWashington , D.C.: Donald J. Trump @realDonald Trump Heartwarmingto see all of the tremendous support out there, especially the organic Ralliesthat are springing up all over the Country, includinga big one on Saturday in D.C. I may eventry to stop by and say hello.This Election was Rigged, from Dominionall the way up & down! about election fraud is disputed 1:35 PM 13, 2020 for iPhone 42.5K Retweets 7.8K Quote Tweets 192.1K Likes 21. On November 14, 2020, Trump followers gathered at Freedom Plaza in Washington, D.C., a few blocksfrom the White House, inwhatwouldbe calledthe first “Million MAGAMarch” (thoughit was estimatedthat the crowdnumberedinthe tens of thousands). These includedmembers of far right-wing hate groups, including the Proud Boys, Three Percenters, Oath Keepers, and followers of the QAnon conspiracy theory. 22 ThroughoutNovember14, 2020, Trump issuednumeroustweetsaboutthe electionbeing stolen, while tweeting his support for the rally. He also pushed the idea that rallies like this one mightresult inhim “ winning election: 6 Case 1:21-cv -00858 Document 1 Filed 03/30/21 Page 7 of 40 DonaldJ. Trump @realDonaldTrump Peopleare not going to stand for havingthis Election stolen from them by a privately owned Radical Left company, Dominion, and manyother reasons! claim aboutelectionfraud is disputed Dan Scavino @DanScavino 3:07 PM , 2020 Twitter for iPhone 40.7K Retweets 6.5K Quote Tweets 158.5K Likes 7 Case 1:21-cv-00858 Document1 Filed 03/30/21 Page 8 of 40 DonaldJ. Trump @realDonaldTrump We will WIN Dan Scavino @DanScavino 11/14/2020 – Washington , D.C. #MarchForTrump #MAGA FAIR ELECTION REAL RESULTS 8:17 PM 14, 2020 5 8 See DonaldJ. Trump’s other Tweets 23 Laterin the eveningon November14, violence erupted, as four policeofficerswere injured and overtwenty-one arrestswere made, includingdestructionofproperty, carrying a pistol without a license, incitingviolence, and disorderly conduct. 24 On December 12, 2020 , Trump followers again gathered in Washington , D.C., for a second“MillionMAGAMarch, ” (thoughagain, the actualnumberofTrump followers who attended was in the thousands). Again, Trump supported the rally, tweeting on the morning of December 12, “WE HAVE JUST BEGUN TO FIGHT!!!” 8 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page 9 of 40 25 As before, membersof far right-winghate groups appearedat the second“ Million MAGAMarch,” andTrump followers clashed with D.C. police, at least eight ofwhom were injured. Four people were stabbed. The police made over thirty arrests including ten arrests for assault on a policeofficer, elevenarrests for simpleassault, one arrest for assault with a deadly weapon, and two arrests for possession ofa prohibited weapon. 26. OfficialswarnedTrumpthathis incendiaryrhetoricaboutthe electioncouldcause injury or death, but he persisted. On December 1, 2020, as Trump placed increasing pressure on Georgiaelectionofficialsto overturnthe state’s resultswhichfavoredJoe Biden, one official, Gabriel Sterling, gave a press conference in which he reported on death threats madeto Georgiaelectionworkers, and addressedTrump, saying, “ Mr.President, you have not condemnedthese actions. has to stop. inspiringpeople to commitpotentialacts ofviolence. Someone is goingto get shot, someoneis goingto get killed. And notright. ” Despitethis, Trump never condemnedthe threatsmadeagainst Georgiaelectionofficials, and four daysbeforethe January 6 insurrection, heimplored Georgia Secretary of State Brad Raffensperger during a phone call to throw out enough lawfully cast votes to swing the election in his favor. 27. As his efforts with state officials and in the courts failed, Trump began to focus on January 6, 2021, the date Congress was set to count the state-certified election results. On December19, 2020, Trump beganpromotinga January 6 rally to his followers: 9 Case 1 :21-cv-00858 Document 1 Filed 03/30/21 Page 10 of 40 Donald J. Trump @realDonald Trump Peter Navarro releases 36- page report alleging election fraud ‘more than sufficient to swing victory to Trump washex.am/3nwaBCe A great report by Peter. Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January . Be there, will be wild! PeterNavarroreleases36-pagereportallegingelectionfraud Directorof the OfficeofTrade and ManufacturingPolicy Peter Navarropublisheda lengthy reportThursdayoutliningseveral… washingtonexaminer.com claim about election fraud is disputed 6:42 AM 19, 2020 196.6K 87.3K people are Tweeting about this 28. Trump’s December 19th tweet about the January 6th rally was taken by many ofhis supporters as a literal call to arms. For example, within minutes ofTrump posting this tweet , it was shared on a pro -Trump website called TheDonald.win , with the title : “ Trump Tweet. Daddy Says Be in DC on Jan 6.” One user “EvilGuy,” said, in response to Trump’s call to action, “ I will be open carrying and so willmy friends. We have been 10 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page 11of 40 waiting for Trump to say the word. There is [sic] not enough cops in DC to stop what is coming.” AA thedonald.win thedonaldwin Win Sign EvilGuy daysago 142 139 Not telling you what to do but will be open carrying and so will my friends. We have been waiting for Trump to say the word. There isnot enough copsinDC to stop what is coming permalink parent save report block reply AllPosts TRUMPTWEET. DADDYSAYS BE IN DCON JAN 6TH 21169 Trump Tweet posted days by DonaldJ.Trump @realDonald Trump Peter Navarro releases 36 -page report alleging election fraud more than sufficient swing victory to Trump washex.am/3nwaBce . A great report by Peter Statistically impossible to have lost the 2020 Election . Big protest in D.C. January 6th. Be there will be wild! Lara ago have been waiting for this, he called on us we the people, patriots, never give up. Fight like Trump if fighting for generations to permalink parent save report block reply UncontrollableQueef7 daysago +48 Same here. Itis our constitutionalright to do so regardlessof what any mayor says. permalink parent save report block reply ArchbishopofKekistan7 daysago + 25 25 Notto mention, NationalGuardwould find it difficultto fire on non violent 29. Other users on TheDonald.win commented that they understood Trump’s tweet to be “marchingorders.” Oneuser said, “ doesn’tmatterifthey steal the election, ifpatriots burst intothe buildingbythe thousandsand cut the heads offthehydra.” Another said, “ Stormthe People’sHouseand retake from the fuckin ‘ commies. A user called “ loveshock ” wrote : 11 Case 1 :21-cv-00858 Document 1 Filed 03/30/21 Page 12 of 40 loveshock 3 points 1hour ago Copsdon’thave” standing” ifthey are layingon the groundina poolof their own blood. 30. In the week before January 6, Trump repeatedly encouraged his followers to attend the event and continually referred to “ Stop the Steal.” Donald J. Trump @realDonald Trump The BIG Protest Rally in Washington , D.C., will take place at 11.00 A.M. on January 6th. Locational details to follow. StopTheSteal 7:23 PM Jan 1, 2021 4 8 See Donald J. Trump’s other Tweets 31. The day before the January 6 session ofCongress, Trump gave his followers further motivationto “ be wild ” at the rally, as he promotedthe baseless idea thatVicePresident Mike Pence could single -handedly reject the election outcome based on false claims that some states wantedto “decertify” or “ correct” electionresultsthatwerenot inTrump’s favor. Donald J. Trump @realDonald Trump The Vice President has the power to reject fraudulently chosen electors. 4:06 PM Jan , 2021 Donald Trump’s other Tweets 12 Case 1 :21-cv-00858 Document 1 Filed 03/30/21 Page 13 of 40 Donald J. Trump @realDonald Trump IfVice President @Mike_Pence comes through for us, we will win the Presidency. Many States want to decertify the mistake they made in certifying incorrect & even fraudulent numbers in a process NOT approved by their State Legislatures (which it must be) . Mike can send it back ! claim about election fraud is disputed 6:00 AM Jan , 2021 269.3K people are Tweeting about this Donald J. Trump @realDonaldTrump States want to correct their votes , which they now know were based on irregularities and fraud , plus corrupt process never received legislative approval. All Mike Pence has to do is send them back to the States , AND WE WIN. Do it Mike, this is a time for extreme courage ! claim aboutelection fraud is disputed 1:17 PM , 2021 213.5K 85.8K people are Tweeting about this . E. January 6, 2021 32. On January 6, 2021, thousandsofTrump’sfollowerscongregatedon the NationalMall near the White House . Many were armed members of far right -wing hate organizations liketheProudBoys Trump issued a directivefor Republicansto “ FIGHT” earlyinthe day 13 Case 1 :21-cv-00858 Document 1 Filed 03/30/21 Page 14 of 40 Donald J. Trump @realDonaldTrump Get smart Republicans. FIGHT! Will Chamberlain@willchamberlain RepublicansconfirmedJustice Barrett, which they had the clear, lawful right to do, and in responseChuckSchumersaid “EVERYTHINGIS ON THE TABLE NOW. Ifthat’s the case , why shouldn’t Republican legislators go to the wall for the President? 5:43 AM Jan , 2021 2 See Donald J. Trump’s other Tweets 33. United States CapitolPolice Officer PFC James Blassingame reported to work at 5:30 a.m., but on the way to the Capitol, he could see that this was different from the many protests he had seen at the Capitol over his years in service. 34 At 5:15 a.m., he could see large numbers of people walking up D Street, carrying flags bearing symbols and slogans including “MAGA” slogans, “ Trump 2020” and “Don’t TreadonMe. ” 35. Ordinarily , US Capitol Police shifts began with “ roll call,” disseminate information from the commandstaff. On January6 , 2021, OfficerBlassingame’sshift omitted“ roll call.” 36. Instead, he was sent to staffthe steps on Neptune Plaza, at the Library of Congress’s JeffersonBuilding, across the street from the EastFrontof the Capitol. 37. By 7 a.m., Officer Blassingame could see that a large group ofpeople was amassing on the plaza, directlyinfront ofthe EastFrontofthe UnitedStates Capitol. 14 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page 15 of 40 38. He said to his USCP colleague: “ This isn’tgoingto bewhat they think it’sgoingto be.” Throughout the morning, Officer Blassingame was on “ outside on the east side of First Street S.E., across from the Capitol building. 39 . Officer Hemby was assigned to the Civil Disturbance Unit, which was also unusual. Therewere nobriefingsaboutwhathe and his fellow officersshouldexpect. 40. The day immediately felt to Officer Hemby like it would be out ofthe norm, because of the number ofpeople assembling. 41. Hewas sent to his post infront of the RotundaSteps on the EastFrontofthe Capitol, behindbicycleracks set up to maintaina perimeteraroundthe building. He was instructedonlyto makesurehe and the otherofficersshould“ space out,” becausethey did nothave enoughcoverage. 42. OfficerHembywas used to seeingthe plaza on the EastFrontof the Capitolwide open and mostly empty. The presence of small numbers ofprotestors was not a big concern or unusual, butthis day, their numberand aggressivenesswereunprecedentedin his experience. 43 On January 6, a stage had been set up by the protesters, and the gathering crowd was shouting , singing, praying, swearing, and yelling. Among the more common chants he heardwere “ Stop the Steal,” and “ Fightfor Trump. 44. Someonehadset up speakers, fromwhichOfficerHembycouldhear Trump’s speeches from prior dates beingbroadcast. 45. Beginning at 7 a.m., speakers took to the stage at the Ellipse, just south of the White House, where thousandsofprotestershadgatheredto listen. The rally was broadcastlive on severalnewsoutlets, and could bewatchedstreamingoverthe internet, and could 15 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page 16 of 40 therefore be watched by those protesters who were not on the Ellipse itself, including those already near the Capitol. Numerous Trump allies spoke before Trump took the stage, all of whom repeated the message that the election had been stolen, that the country as they knew it was about to fall, and that itwas up to the crowd to save the country , inthe words ofRudy Giuliani, in a “trial by combat. ” 46. Trump took the stage at noon on January 6, 2021. Inan hour and fifteen minute speech, Trump repeatedly claimed that the election had been “ rigged ” and “ stolen,” and said: “ They rigged it like they’ve never rigged an election before; “ We will never concede, it doesn’t happen. You don’t concede when theft involved. Our country has had enough. We will not take it anymore and that’s what this is all about. To use a favorite term that all of you people really came up with, we will stop the steal; “Whenyou catch somebodyina fraud, you’reallowedto go by very differentrules; “ You’llnevertake back our countrywithweakness. You have to show strength, and you have to be strong; “ And we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore; “ And going to the Capitol … Butwe’re going to try and give our Republicans, the weak ones because the strong ones don’t need any of our help. We’re going to try and give them the kind of pride and boldness that they need to take back our country.” 47. As he was making these remarks, Trump’s followers on the Ellipse began chanting Fight like Hell,” and “Fight for Trump.” After he was done speaking, they changed to, “Storm the Capitol,” “ Invadethe CapitolBuilding, ” and “ Take the Capitolright now.” 48. At the Capitol, Officers Blassingame and Hemby watched the crowd swell on the east side ofthe Capitol. 49. While Trump was speaking, at 12:49 p.m., Capitol Police responded to a report of a possibleexplosivedevice at the RepublicanNationalCommitteeHeadquarters, which 16 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page 17 of 40 was later identified as a pipe bomb. Shortly afterward, a second pipe bomb was found at the headquartersofthe DemocraticNationalCommittee. Bothwere three blocksfromthe Capitol 50 . BothOfficersBlassingameand Hembyheardthe “ 10-100” radiocall forthe suspicious packagesat the Republicanand DemocraticNationalHeadquarters. 51. As Trump concluded his speech near the White House, his followers who were already at the Capitolbecame insurrectionists. Thousandsof them brokethroughpolicebarricades and stormedup the steps ofthe Capitol onbothfronts of the building, attackingand injuringpolice officers, including the plaintiffs. The insurrectionists finally entered the Capitol itself, intent on committing further acts of violence against elected officials, where the insurrectionistscontinuedto attack policeofficers. Many of these insurrectionists have since been charged with crimes . 52. Some oftheseprotestersbrokethroughthe outerperimeterofbarricadeswest of the Capitolbuildingwhile Trump was still speaking, at 12:53p.m.By 1:03p.m., they had pushed Capitol Police onto the west Capitol steps. Manyofthem wore Trump hats and shirts, waved Trump flags and bore Trump insignia around their necks. As the insurrectionists began battlingwith police, one was overheard saying, “ versus the cops !” A manyelled at police through a megaphoneplastered with stickers from “ InfoWars, a websiteoperatedby the right-wing conspiracytheoristAlex Jones, “ You are traitors to the country !” 53. At 1:00 p.m., Capitol Police Chief Steven Sund called for backup from the Metropolitan Police Department which deployed approximately 100 officers to the Capitol grounds within minutes. Shortly thereafter, Chief Sund asked House Sergeant at Arms Paul Irving 17 Case 1 :21-cv-00858 Document 1 Filed 03/30/21 Page 18 of 40 and Senate Sergeant at Arms Michael Stenger to declare an emergency and call for the deployment ofthe National Guard. Shortly after that, Officer Hemby could hear on his radio that crowds on the West Front ofthe Capitol were trying to push through the bike rack barriers and the officers posted there. 54. The crowd on the EastFront was growing throughout the 1 o’clock hour. Officer Hemby and other officers were spaced out along the line ofbike racks, responding to protesters periodic attempts to push through the bike racks . 55. By 1:30 p.m., on the West Front ofthe Capitol, CapitolPolice officers were forced by insurrectioniststo the topofthe Capitol steps. Meantime, Trump’s speechhadended, and more thousands of protesters beganmarching toward the Capitol. About 40 percent of the phones tracked near the rally stage on the National Mall during the speeches were found in andaroundthe Capitolduringthe insurrection, showingthat manyofthosewho were listening to Trump’s speech followed his direction to march on the Capitol. 56. At around 1:45 p.m., the insurrectionists overcame the Capitol Police officers protecting the Capitol’s west steps, and the officers pulled back into the Capitol itself. 57. Officer Blassingame had been called to the Capitol from his post across the plaza on the EastFrontand was inside the Capitol building when he heard on his radio that the West Front steps had beenovertakenby the insurrectionists. 58. Officer Blassingame looked out the west doors and was shocked to see that four ofhis colleagues were pinnedto the doors by a large and surging crowd ofaggressive people dressed in Trump and MAGA gear and hats and carrying large Trump campaign flags. 18 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page 19 of 40 59. Officer Hemby heard inreal time on his radio when the officers on the West Front were overcome, and immediately after, just before 2 p.m., the crowd began to swell and surge on the East Front. 60. Officer Hemby believedthat more officers would come to help, but because the West Front had already been breached and officers were being attacked on that side of the Capitol, no one else was available. 61. Officer Hemby looked to his left and saw that the crowd had broken through the barriers . A tidal wave ofinsurrectionists attacked the plaza steps, and due to the size and aggressiveness ofthe crowd, Officer Hemby and his colleagues were quickly outnumbered. 62. As peopledressedinTrump gear and carryinglargeTrump flags stormedthroughthe barriers, Officer Hemby knew he and the other officers would be unable to hold them against the relentlesspushingand shoving. 63. OfficerHembyranto the EastFrontstairs to try to stop the crowd, but itwas too late, and the crowd was too large and aggressive . 64. The crowd chased him and his fellow officers to the top of the stairs and forced them againstthe doors. 65 At 1:49 p.m.’ , after Trump had returned to the White House , and was reportedly watching on TV as events wereunfoldingat the , he tweetedout the entiretyofhis speech: January 8, 2021, Twitterpermanently suspended DonaldTrump’s personal account, removing his tweets from view Publicly available archives ofTrump’s tweets are limited and as a result, some ofthe images ofTrump’s tweets used inthis Complaint, such as the one in this paragraph, feature timestamps from other thanthe Eastern Time Zone 19 Case 1 :21-cv-00858 Document 1 Filed 03/30/21 Page 20 of 40 Donald J. Trump @realDonald Trump RIGHTSIDE 11:57AMET Watch LIVE: Save America March at The Ellipse featuring President @realDonald Trump pscp.tv 6:49 PM , 2021 13 See Donald J. Trump’s other Tweets 66. At 1:59 p.m., insurrectionists pushed Capitol Police to the top of the east Capitol steps, and by 2:10 , insurrectionists attemptingto break intothe buildingthrough windowson thewest side 67. OfficerHembywas crushedagainst the doors on the east sidetryingto holdthe insurrectionistsback. Over and over, he triedto tell the insurrectioniststhat the doors opened outward and that pressing him into the door would do no good. 68 But the insurrectionistscontinuedto scream , “ FightforTrump, ” “ Stop the Steal, ” and various other slogans, as they struck himwith their fists and whateverthey hadintheir hands. Things were being thrown at him, and he was sprayed with chemicals that irritated his eyes, skin , and throat. 20 69. Some of the mob wore military-styletactical gear. One man had gloves with hard 70. One insurrectionist screamed in Officer Hemby’s face that he was “disrespecting the 71. Eventually,the insurrectionistsdid get inside the Capitol from the East Front.For hours, 72. Officer Hemby was attacked relentlessly.He was bleeding from a cut located less than an 73. His primary focus was to survive and simply get home. 74. By 2:12 p.m., the insurrectionistsentered the building through broken windows on both 75. Some of those who entered had guns. Some were in helmets and tactical gear. Many 76. Shortly thereafter, Vice President Pence was removed from the Senate chamber and the knuckles.One attacker dropped a knife,which a fellow officer kicked behind the officers and out of the insurrectionist’s reach. badge,” and that the officers were “not patriots.” as the groundswere cleared of Defendant’s followers, Officer Hemby continued to man his post at the top of the Rotunda steps outside the East Front of the Capitol. The insurrectionistswere demanding that Officer Hemby and his fellow officersget out of the way so the mob could get to the Congress members.They were trying to convince officers to join their side and fight against Congress.Officer Hemby and his fellow officers stood their ground. inch from his eye. He had cuts and abrasions on his face and hands and hisbody was pinned against a large metal door, fending off attacks. sides of the Capitol, opening up a door for additional insurrectioniststo enter. carried baseball bats, Trump flags, hockey sticks, fire extinguishers, stolen police shields, collapsible batons, and other weapons. Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 21of 40 Senate was called into recess. Capitol Police confronted the insurrectionistsbut were 21 77. Inside the Capitol, the insurrectionistscontinued to physically attack Capitol Police, 78. As Officers James Blassingame and Sidney Hemby attempted to protect themselves from 79. Officer Blassingame and the small group of officers with him inside the Capitol were 80. Officer Blassingame heard the call: “They’re coming through the windows!” and ran to 81. Inside the Crypt with a small group of USCP officers, Officer Blassingame looked north 82. The hallway to the north of the Crypt was a choking point, and as the crowd entered the 83. Officer Blassingame was one of just eight or nine officers facing the insurrectionists greatly outnumbered.Outside the Capitol, the mob shouted, “Hang MikePence!” and had erected a gallows. while taunting them, saying, among other things, “You’re outnumbered.There’s a fucking million of us out there. And we are listening to Trump – your boss,” “We can take you out,” and, “We were invited here by the President of the UnitedStates.” the insurrectionists,Trump watched the events unfold on live television. Those who were with him claimed that Trump was “delighted” and was “confused about why other people on his team weren’t as excited as he was.” Others described Trump as “borderline enthusiastic” about the unfoldingviolence. powerless to help the officers he could see on the other side of the doors, pinned to the West Front of the Capitol building. the stairs to the Crypt area on the first floor, directly below the Rotunda. and saw a sea of people running toward him. Crypt, it quickly filled with insurrectionists. Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 22 of 40 charging into the Crypt. The USCPofficers tried to form a line against the 22 84. The insurrectionistswere enraged and inflamed – chanting and shouting “Stop the Steal!” 85. The insurrectionistswere throwing items, and striking Officer Blassingame and the other 86. Among the weapons Officer Blassingame could see were flagpoles like those he had seen 87. The insurrectionistswere clad in and carrying Trump, QAnon,ProudBoys, and Oath 88. Foremost inOfficer Blassingame’smind was the terrifying certainty that the 89. The front line of insurrectionistswas being pressed from behind by waves of newly 90. Then a forceful surge of insurrectionistspushed forward and slammed Officer 91. For the first time in his life,people were yelling into his face, calling him a “nigger” insurrectionistsbut were dramatically outnumbered and overwhelmed as they became the targets of the mob’s attack. “We’re patriots!” “It’s our right!” and “Our House!” USCP officers with their fists and weapons. on D Street early in the morning; water bottles; bottles of other unknown liquids; partsof signs they were ripping from the walls of the Crypt and hallway; and flags, flagpoles, and rope-line posts that had been taken from the Crypt and other parts of the Capitol building. Keepers-themedclothing, hats, and flags. insurrectionistswere interested in him and the other officersnot going home to their families that night. arriving insurrectionists. Blassingame against a stone column. He struck his spine and the back of hishead and was unable to move. repeatedly and throughout the attack in the Crypt. He lost count of the many times the Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 23 of 40 racial slur was hurled at him. 23 92. Insurrectioniststhreatened him they would “fuck you up if you don’t get out of our way,” 93. The insurrectionists struck Officer Blassingame in his face, head, chest, arms, and what 94. The threats and attacks on Officer Blassingame seemed endless. 95. Officer Blassingame’s sole focus was to do what he could to survive. 96. Eventually,he was able to unpin himself from the column and move toward the South 97. Once free from the insurrectionist mob,Officer Blassingame went toward Representative 98. Ina phone call to the White House,House Minority Leader Kevin McCarthy begged 99. As Trump watched his followers (to whom he had lied when he told them that he would and to “get down or I’llput you down.” felt like every part of his body. Insurrectionistsused their fists and had weapons that ranged from flagpoles to stanchions and building directional signs, water bottles and other objects he could not identify. hallway,where he thought there might be more officers.As he moved through the hallway,he tried to bring other officerswith him. Steve Scalise’soffice in the Capitol to assist the evacuation of members,which was being staged in the Ways and Means Committee meeting room. Trump to call off the insurrectionists,pleading with him that the rioters were all Trump followers. Trump refused to do so, and told McCarthy,“Well,Kevin,I guess these people are more upset about the election than you are.” be joining them in walking to the Capitol)terrorize the Capitol and attack the police who guarded it,Trump’s advisors urged him to make a statement calling on his followers to Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 24 of 40 stop. Trump chose not to condemn the attack. Instead,at 2:24 p.m., Trump tweeted, and 24 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page25 of 40 further incited his followers against his own Vice President whose life was being threatened: Donald J. Trump @realDonaldTrump Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution , giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth ! claim about electionfraud is disputed 7:24 PM , 2021 194.6K 146.5K people are Tweeting about this 100. An insurrectionist at the Capitol read this tweet aloud from the steps ofthe Capitol. Insurrectioniststhen chanted, MikePence is a traitor,” and continuedtheir assault. 101. Then, at 2:38 p.m., an hour after the first breach, Trump still chose not to call offthe attack, but insteadissueda banalstatementofsupportfor lawenforcement, and stated, “ staypeaceful” when he couldsee that his followersat the Capitolwere anythingbut. Donald J. Trump @realDonald Trump Please support our Capitol Police and Law Enforcement. They are truly on the side of Country. Stay peaceful! 7:38 PM , 2021 6 8 See Donald J. Trump’s other Tweets 25 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page26 of 40 102. At around2:44 p.m., AshliBabbitt, anAirForceveteranand Trump follower, was shot and killed as she attempted to climb through a brokenwindow ina set oflocked doors that ledto where House members were fleeing. 103. OfficerBlassingamewas at the Ways and Meansroomand heard that gunshotupstairs. At the time, he didnothave any ideawho hadbeenshotor haddone the shooting. He did not know whether it was a singular event or the beginningof something even more dangerous than he had already faced. 104. His reflexive reaction to the gunshot sent him further into “ survivalmode.” He rapidly whetheritwouldbe necessaryto draw guns. Buteven in the face of thatreflex, he continuedto help protectmembersof Congresswho were shelteringin theWays and Means room. 105. Heremainedlockeddowninthe Ways andMeansroomwithmembersfor hours, ina scenario that presenteda differentthreatto his healthand safety. OfficerBlassingame was acutely aware that manyinthe Ways and Meansroomwereneithermaskednor socially distanced from Covid- 19 transmission. He had no option but to remain in place. 106. By 3:00 p.m., the District ofColumbia local government issued a notice of an emergency citywide curfew to begin at 6 p.m. 107. Meanwhile, Trump’sfollowersat theCapitolshouted, “ We want Trump!” They attacked officers withrocks, bottles, fire extinguishers, metalpoles, bear spray, andpepper spray. Officers reported being “ flanked ” and “ los ing] the line.” For hours, officers were forced into hand -to -hand combat to prevent more rioters from entering the Capitol. 108 At 4:17 p.m., Trump tweeted a recordedvideo directed to his followers as they continued ransackthe Capitol. Inthe video, Trump told the insurrectionists, “ I knowyourpain, I 26 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page27 of 40 knowyou’re hurt,” andrepeatedhis “biglie” about the stolenelectionthat haddriventhe insurrectionists to the Capitol in the first place. He then said to his followers who had invaded the Capitol, assaulted and severely injured police officers, destroyed property , and generallytried to overthrowthe Congressas it carriedout its duty of certifyinga presidential election: “ home. We love you. You’re very special.” 109. At around5:40 p.m., CapitolPolice, withreinforcementsfrom the MetropolitanPolice and the NationalGuard, finally were able to beginto clearthe Capitol. Bythat time, 140 policeofficerswere physicallyhurt, and manymorewouldbe emotionallyscarred. One Capitol policeofficer died injuries he suffered on January 6 and two others took their own lives shortly thereafter. 110. After the world had just watched the insurrectionists attack police , threaten members of Congress, and destroy property within the Capitol, Trump explainedthe day’s events, once again reiterating his “ big lie” and celebrating his followers actions : DonaldJ. Trump @realDonald Trump These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever! This claim of election fraud is disputed , and this Tweet can’t be replied to, Retweeted , or liked due to a risk of violence 6:01 PM , Twitter for iPhone 27 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page28 of 40 111. At about 7:30p.m., OfficerBlassingamewas finally able to leavetheWays and Means room. 112. As hewalkedthroughthe hallsofthe Capitol, the aerosolchemicalsfrom the bear spray, pepper spray , and tear gas burned his eyes and throat. It was so strong, that even hours afterhe left the Capitol, he couldtaste it in his mouth. 113. Throughoutthe dangerousand chaotic day, his family couldsee some ofwhatwas happening to Officer Blassingame inreal time, but he was unable to communicate to comfortand reassurehis wife and family inrealtime. 114. It was not clear to himon January 6 that he would survive to make it home. 115. He did finally get home at midnight, but only to return for a 7 a.m. shift the next morning, whichwouldbethe beginningofa monthoftwelve-to sixteen-hourshifts. 116. OfficerBlassingamesufferedinjuriesto his headandback. He continuesto havepainin his back, but the severe emotional toll the January 6 insurrection has taken onOfficer Blassingame continues to reveal itself. 117. He is hauntedby the memory ofbeing attacked, and ofthe sensory impacts – the sights, sounds, smells and even tastes ofthe attack remain close to the surface. He experiences guilt ofbeing unable to help his colleagues who were simultaneously being attacked ; and of survivingwhere other colleagues did not. 118 Theweight on OfficerBlassingamehas beenheavyandpervasive. He was not able to sleep andhe couldnot talk about what happened, evenwith his wife and friends. 119. He suffered from depression that he could not address because he was too consumed with a sense of obligationto continue on with his professional responsibilities. Because the 28 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page29 of 40 attackhappenedin the place to whichhe reportsdaily, he is unableto avoidmostof the triggers ofhis emotional reactions. 120. OfficerHembyremainedon the EastFrontof the Capitoluntilthe complexwas cleared of insurrectionists. 121. Hewas unableto seek medicalassistanceuntilafter 9 p.m. 122. At first, OfficerHembydidnot fullyappreciatehow physicallyand mentallyexhausted he was. 123. Whenhe got homeonthe nightofJanuary6 , 2021, hewas ina heightenedemotional state and unableto sleep. He relivedthe momentshe was under attack. He felt unsafeand each time he drifted offto sleep, he was awakened by the fear that people were trying to break into his home. 124. As a result ofthe attack , Officer Hemby’s left hand and left knee became swollen and painful. He was sprayedin the face and body with chemicalsprays. Hisback and neck ached, and his skinburned. 125. Officer Hemby is under the care or an orthopedic medical specialist and receives physical therapy two to three days per week for his neck and back. 126. He continuesto sleeppoorlyand feels hyper-aware and on highalert duringhis waking hours. 127. OfficerHembynormallyhas a calm demeanorbut has struggledto managethe emotional fallout frombeingrelentlesslyattacked. Hehas spokenwithEmployeeAssistance Program counselors to talk about managingthe emotional impact ofbeingtargeted and dealingwiththe levelofaggressionto whichhe was subjected. 29 Case 1 :21-cv-00858 Document1 Filed 03/30/21 Page30 of 40 128. But for the fact that so many ofhis fellow officers were also injured and unable to report for duty, Officer Hemby would have used leave to recover from his injuries. F. Lawmakers in the Capitol RecognizedTrump as the Instigator of the Attack 129. In the aftermath ofthe January 6 insurrection , leaders within Trump’s own party publicly said that Trump’s biglie ” about the electionand his provocationofhis followers caused the January 6 insurrection. a . Ina February 18, 2021 statement, Sen. MittRomney(R Utah said, “ I hearmany calls for unity. It is apparent that calling for unity while at the same time appeasing the big lie of a stolen election is a fraud. It is the lie that caused the division. It is in the service ofthat lie that a mob invaded the Capitol on January6th .” b . On January 12, 2021, LizCheney (R -Wyo.), the third highestrankingRepublicanin the House of Representatives, said, “ The President of the United States summoned this mob, assembled the mob, and lit the flame of this attack Everything that followedwas his doing. Noneofthis wouldhavehappenedwithout the President. The Presidentcouldhave immediatelyand forcefullyintervenedto stop the violence. He did not. There has neverbeena greater betrayalby a Presidentof theUnited States ofhisofficeandhisoathto the Constitution.” c On Feb. 13, 2021, SenatorMitchMcConnell( R -Ky. ) said: There’s no question, none, that President Trump is practically and morally responsible for provokingthe events ofthe day. The people who stormed this building believed they were acting on the wishes and instructions of their president, and having that belief was a foreseeable consequence of the growing crescendo of false statements , conspiracy theories and reckless hyperbole which defeated president kept shouting into the largest megaphone on planet Earth . He did not do his job . He didn’t take steps so federal law could be faithfully executed and order restored. No. Instead, according to public reports, he watched 30 130. Many of the rioterscited Trump’s words and conduct as the inspirationfor their violent 131. Attorneys for ProudBoys member William Chrestman, said in court papers that Trump McConnellalso said: actions. For example, the day after the insurrection,Jacob Angeli Chansley (the “QAnon Shaman”) called the FBIto tell them that “he came as a part of a group effort, with other ‘patriots’ from Arizona, at the request of the President that all ‘patriots’ come to D.C.on January 6, 2021.” Later,Chansley’slawyer Al Watkins said in an interview,“Let’s roll the tape. Let’sroll the months of lies, and misrepresentationsand horrific innuendo and hyperbolic speech by our president designed to inflame,enrage, motivate . . . What’s really curious is the reality that our president, as a matter of public record, invited these individuals,as president, to walk down to the Capitol with him.” He also said that Chansley “regrets very much having . . . just been duped by the president.” gave the mob “explicit permission and encouragement” to do what they did, providing those who obeyed him with “a viable defense against criminal liability.” They further stated on Chrestman’s behalf,“It is an astounding thing to imagine storming the United Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 31of 40 televisionhappily – happily – as the chaos unfolded.Even after it was clear to any reasonable observer that Vice President Pence was in serious danger. President Trump is still liable for everything he did while he was in office, as an ordinary citizen, unless the statute of limitations has run, still liable for everything he did while in office, didn’t get away with anything yet – yet. We have a criminaljustice system in this country.We have civil litigation. And former presidents are not immune from being held accountable by either one. G. The Insurrectionists Have Since Stated They Stormed the Capitol at Trump’s Direction States Capitol with sticks and flags and bear spray, arrayed against armed and highly 31 132. James Blassingame and Sidney Hemby adopt and incorporate paragraphs 1 through 131 133. Through hiswords and conduct described herein, Defendant,Donald J. Trump, directed 134. As President of the UnitedStates and leader to his followers, who traveled from around 135. Trump, by his words and conduct, directed the mob that stormed the Capitol and 136. For several hoursafter the mob had stormed the Capitol,Trump had the continuing trained law enforcement.Only someone who thought they had an official endorsement would even attempt such a thing. And a ProudBoy who had been paying attention would very much believe he did.” IV. LIABILITY as if set forth fully herein and further state: and ratified the intentionaltorts of assault and battery committed by his followerson James Blassingame and Sidney Hemby. the country to the nation’s capital at Trump’s invitationfor the January 6 event, Trump was in a position of authority over his followers, who committed assault and battery on James Blassingame and Sidney Hemby. assaulted and battered James Blassingame and Sidney Hemby. ability to issue statements through traditional and social media but refused to communicate anything to his followers that might discourage their relentlessassault and battery on James Blassingame and Sidney Hemby and their fellow officers at the Capitol. Trump thereby ratified the conduct of his followersand ensured that the assaults on the plaintiffsand fellow officers would last much longer,worsening the physical and Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 32 of 40 COUNT ONE (DirectingAssault and Battery) emotional injuries of the plaintiffs and other officers. 32 137. When he finally did make statements late in the afternoon,Trump further ratified the 138. It appeared to James Blassingame and Sidney Hemby that Trump’s followers then had 139. The words and conduct of Trump’s followers caused James Blassingame and Sidney 140. Trump’s followers committed battery, and unlawfully and intentionally touched and used 141. Trump’s followers directly contacted, struck, put into motion objects that directly hit 142. James Blassingame and Sidney Hemby suffered physical injuries because of the batteries 143. Had Trump committed directly the conduct committed by his followers, it would have 144. The unlawful and intentional acts that Defendant directed his followers to commit on 145. James Blassingame and Sidney Hemby adopt and incorporate paragraphs 1 through 144 tortious conduct when he again said that the election had been stolen by fraud, and that his followershad every reason to be angry, and by announcing support, praise and love for his followers. the ability to carry out the harmful and offensive contact. Hemby to fear imminent physical harm. force on Plaintiffs in a harmful,offensive, and insultingway. James Blassingame and Sidney Hemby,and sprayed them with chemical agents that burned their exposed eyes, face, and body. to which they were subjected. subjected Trump to direct liability. January 6, 2021, were a direct and proximate cause of James Blassingame’sand Sidney Hemby’s injuries,pain, suffering, and other damages. Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 33 of 40 COUNT TWO (AidingandAbetting Assault andBattery) as if set forth fully herein and further state: 33 146. Through hiswords and conduct described throughout this Complaint,Defendant,Donald 147. Trump aided and abetted his followers’ assault and battery on James Blassingame and 148. Trump’swords and encouragement leading up to and on January 6, 2021, created a 149. Had Trump committed directly the conduct committed by his followers, it would have 150. The unlawful and intentional acts that Trump aided and abetted his followers to commit 151. James Blassingame adopts and incorporates paragraphs1 through 150 as if set forth fully 152. Through hiswords and conduct described herein, Defendant,Donald J. Trump, directed 153. Defendant further committed the intentionaltort of IntentionalInflictionof Emotional J. Trump, aided and abetted the intentionaltorts of assault and battery committed by his followerson James Blassingame and Sidney Hemby,as described in Count One. Sidney Hemby through his suggestive words and encouragement leading up to and on January 6, 2021, which were spoken from hisposition of authority and gave hismessage extra weight. foreseeable risk of harm to James Blassingame and Sidney Hemby. subjected Trump to direct liability. on January 6, 2021, were a direct and proximate cause of James Blassingame’sand Sidney Hemby’sinjuries,pain, suffering, and other damages. herein and further states: the Intentional Inflictionof EmotionalDistress committed by his followers on James Blassingame. Distress,by his ratificationof his followers’ words and conduct directed at James Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 34 of 40 COUNT THREE (Directing Intentional Infliction of Emotional Distress) Blassingame as described herein. 34 154. Trump’s followers engaged in conduct that was extreme and outrageous, and so beyond 155. Inthe UnitedStates Capitol Crypt,Trump’s followershurled racial slurs and threatened 156. This extreme and outrageous conduct was intended to cause James Blassingame’s 157. As a result of this extreme and outrageous conduct, James Blassingame suffered severe 158. Defendant’s refusal to condemn his followers’ conduct for several hours, even as their 159. Defendant further ratified the conduct when he announced support, praise and even love 160. The Defendant is liable for the severe emotional distress that was intentionally inflicted 161. For all these reasons, the Defendant is liable to James Blassingame for intentional the boundsof decency that it isregarded as atrociousand utterly intolerable in a civilized society. James Blassingame,calling him a “nigger” more times than he could count, while he was under direct attack. emotional distress or was carried out with reckless disregard of whether the conduct would cause James Blassingame to suffer emotional distress. emotional distress. He feared for his life and worried he would not be able to return home to his family that night, has had sleeplessnights, and relives the extreme and outrageous conduct to which he was subjected on January 6, 2021. extreme and outrageous conduct was being broadcast in real time, was a ratificationof that conduct. for his followers, and repeated that they had every reason to be angry and that the election had been stolen by fraud. on James Blassingame as if he had committed the conduct himself. Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 35 of 40 inflictionof emotional distress and for all damagesarising therefrom. 35 162. James Blassingame and Sidney Hemby adopt and incorporate paragraphs 1 through 161 163. Defendant,Donald J. Trump, is per se liable for his violation of two District of Columbia 164. D.C.Code § 22-1322(b) makes it a criminal offense to willfully incite or urge other 165. The statute defines a “riot” as “a public disturbance involvingan assemblage of 5 or more 166. D.C.Code § 22-1322 was enacted to protect public safety officials and others from 167. Through hiswords in the months following the 2020 presidentialelection and speaking 168. More particularly,on the morning of January 6, 2021, Trump addressed his followers at 169. Defendant’s followers, already primed by his months of inflammatory rhetoric,were 170. Defendant’swords and conduct violated D.C.Code §§ 22-1322(b) and were a cause of COUNT FOUR (Violationof a Public Safety Statute: D.C. Code § 22-1322 – Incitement to Riot) as if set forth fully herein and further state: public safety statutes on January 6, 2021. persons to engage in a riot. persons which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons.” D.C.Code § 22-1322(a). violence caused by rioting. from hisposition of authority over his followers, Trump planted the seeds to create a public disturbance which by tumultuous and violent conduct or the threat thereof would create grave danger or injury to property and persons. the Ellipse,and explicitly directed them to march to the Capitol. spurred to direct action. tumultuous and violent conduct that created grave danger of damage or injury to property Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 36 of 40 or persons, including James Blassingame and Sidney Hemby. 36 171. Defendant,by violating this statute, isliable per se and thereby liable for James 172. James Blassingame and Sidney Hemby adopt and incorporate paragraphs 1 through 171 173. Defendant,Donald J. Trump, is per se liable for his violation of two District of Columbia 174. On January 6, 2021, there was in effect in the District of Columbia a statute that was 175. D.C.Code § 22-1321(a)(1) makes it unlawful,in any place open to the general public, 176. D.C.Code § 22-1321(a)(2) makes it unlawful,in any place open to the general public, 177. D.C.Code § 22-1321(b) makes it unlawful“for a person to engage in loud,threatening, 178. James Blassingame and Sidney Hemby are among the members of the class that the Blassingame’s and Sidney Hemby’s injuries and damages. as if set forth fully herein and further state: public safety statutes on January 6, 2021. enacted to protect James Blassingame and Sidney Hemby and persons in their position, and to prevent the type of events that are described herein. for a person to intentionally or recklessly act in such a manner as to cause another person to be in reasonable fear that a person islikely to be harmed. for a person to incite or provoke violence where there is a likelihoodthat such violence will ensue. or abusive language,or disruptive conduct, with the intent and effect of impeding or disrupting the orderly conduct of a lawfulpublic gathering.” Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 37 of 40 COUNTFIVE (Violationof a PublicSafetyStatute: D.C.Code § 22-1321(a)(1),(a)(2),and (b)DisorderlyConduct) statute was enacted to protect. 37 179. Through hiswords in the months following the 2020 presidential election and speaking 180. Defendant repeatedly asserted that he and his followers were victims of a massive fraud 181. More particularly,on the morning of January 6, 2021, Defendant addressed his followers 182. Defendant’s words, when he spoke them, were words likely to produce violence in 183. Defendant’s followers, already primed by his months of inflammatory rhetoric,were 184. By directing his followers as he did leading up to and on January 6, 2021, Defendant 185. Defendant’s provocative words and actions leading up to and on January 6, 2021, were 186. Defendant’s loud, threatening, and abusive language and conduct leading up to and on from his position of authority over his followers, Defendant planted the seeds that made likely the violence that was unleashed on James Blassingame and Sidney Hemby on January 6, 2021. and conspiracy that had resulted in the theft of the 2020 Presidential election. at the Ellipse,and explicitly directed them to march to the Capitol. others. spurred to direct action. intentionally and recklessly acted in such a manner as to cause James Blassingame and Sidney Hemby to be in reasonable fear that they were likely to be harmed. likely to incite and provoke violence in others and did in fact incite and provoke violence directed at James Blassingame and Sidney Hemby. January 6, 2021, were intended to and did impede and disrupt the orderly conduct of the lawful public gathering to count the certified electoral votes to declare Joe Biden the Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 38 of 40 winner of the 2020 presidentialelection. 38 187. Defendant’s Words and conduct in the months before and on January 6, 2021, violated 188. Defendant’s violation of D.C.Code § 1321caused severe injury and damages to James 189. Defendant,by violating this statute, isper se liable for James Blassingame and Sidney 190. James Blassingame and Sidney Hemby adopt and incorporate paragraphs 1 through 189 191. Trump’swords and conduct leading up to and on January 6, 2021, and his ratification 192. Trump’swords and conduct leading up to and on January 6, 2021, were intentionally 193. His words and conduct gave direction to and aided and abetted his followers in the 194. Those words and conduct incited the riot and disorderly conduct in violation of D.C.law D.C.Code § 1321and were a cause of the violence that ensued in places in the District of Columbia open to the general public. Blassingame and Sidney Hemby. Hemby’s injuries and damages. as if set forth fully herein. through silence when words and action were necessary,and his further ratificationby direct praise of the rioters, as set forth herein, demonstrated a willful and wanton disregard for and a reckless indifference to James Blassingame’s and Sidney Hemby’s safety and that of their fellow officers. tortious and in violation of D.C. statutes. commission of intentionaltorts of assault, battery, and intentional inflictionof emotional distress that caused injury to James Blassingame and Sidney Hemby. Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 39 of 40 COUNT FIVE (Punitive Damages) on January 6, 2021, that caused injury to James Blassingame and Sidney Hemby. 39 195. Accordingly, James Blassingame and Sidney Hemby request punitive damages in an following relief: amount consistent with the evidence to be shown at trial against Trump to punish him for his intentionaland wanton and reckless conduct, and to deter others from engaging in similar behavior. V. PRAYERFORRELIEF WHEREFORE, James Blassingame and Sidney Hemby demand an award of the a. Judgment against Donald J. Trump on all Counts set forth herein; b. Compensatory damages in an amount consistent with the evidence to be shown at c. Punitive damages in an amount consistent with the evidence to be shown at trial, d. Such other relief as the court and jury deem necessary and just. The plaintiffs demand trial by jury. Case 1:21-cv-00858 Document 1 Filed03/30/21 Page 40 of 40 trial, in excess of $75,000 for each of them, plus interest and costs; plus interest and costs; and JURY DEMAND Respectfully submitted, /s/ Patrick A. Malone Patrick A. Malone, Esq. (Bar No. 397142) Daniel Scialpi, Esq. (Bar No. 997556) PATRICK MALONE & ASSOCIATES, P.C. 1310 L Street, N.W., Suite 800 Washington, D.C. 20005 P: 202-742-1500 F: 202-742-1515 pmalone@patrickmalonelaw.com dscialpi@patrickmalonelaw.com /s/ Patrick A. Malone Patrick A. Malone, Esq

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