Federal Judge Lets Malinowski Widow’s Lawsuit Move Forward Over Fatal ATF Raid - #2A
Judge Refuses To Toss Most Claims In Fatal ATF Raid Lawsuit Over Bryan Malinowski Killing
Judge Refuses To Toss Most Claims In Fatal ATF Raid Lawsuit Over Bryan Malinowski Killing
(Had Malinowski been a black career criminal, Little Rock would have been left a smoking set of ruins. But, he was just a young white dude so just an occasional news item. - DD)
(Duncan Johnson, AmmoLand) - A federal judge has refused to let the government escape most of the wrongful-death lawsuit filed by Maria “Maer” Malinowski after ATF agents fatally shot her husband, Bryan Malinowski, during a predawn raid at their Little Rock, Arkansas, home.
The ruling is not a final judgment against the ATF or the United States, but it is a major procedural defeat for the government. The government asked the court to dismiss all nine Federal Tort Claims Act claims. Judge Lee P. Rudofsky said no to most of that request.
In his June 17 order in Malinowski v. USA et al., the judge allowed claims for wrongful death, assault and battery, negligence, intentional infliction of emotional distress, manslaughter/negligent homicide under Arkansas’ crime-victim statute, battery, aggravated assault, and criminal mischief to move forward. The court dismissed only the FTCA false-imprisonment claim without prejudice and removed ATF itself as a named defendant because FTCA claims proceed against the United States, not the agency directly.
The government wanted this case stopped before discovery could dig deeper into the…
Cops...A necessary evil. If the cops had surveilled the home, collected an estimation of activities by the accused, allowed them to leave and performed a traffic stop in public, this would have been the safe and responsible way to apply the search warrant.
What does their actions which caused this man death, tell us about the style of policing that results in armed conflict? Why are we training our police as paramilitary units?
This training they receive is partially the result of an open border, which allowed thousands of military aged, unvetted, men to illegally enter the U.S.