Case: Swalwell v. Trump

1:21-cv-00586 | U.S. District Court for the District of District of Columbia

Filed Date: March 5, 2021

Case Ongoing

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Case Summary

This is a civil case filed by Congressman Eric Swalwell against Donald Trump, Congressman Mo Brooks, and Rudy Giuliani for their actions inciting the January 6 insurrection. This case is part of a Clearinghouse Special Collection on January 6 (2021) civil cases. On March 5, 2021, Congressman Swalwell sued Donald Trump, Congressman Mo Brooks, and Rudy Giuliani in the U.S. District Court for the District of Columbia. Plaintiff sought monetary damages, declaratory relief, and a court order forcing…

On March 5, 2021, Congressman Swalwell sued Donald Trump, Congressman Mo Brooks, and Rudy Giuliani in the U.S. District Court for the District of Columbia. Plaintiff sought monetary damages, declaratory relief, and a court order forcing defendants to provide plaintiff with written notice no less than 7 days before any rally on a day when significant election or election certification is taking place. On January 6, all three defendants spoke at a rally at the Ellipse Grounds before the rioters marched to the capitol. Plaintiff alleged that all three men effectively called their supporters to D.C. to attack the capitol to stop the steal of the election. Plaintiff alleged that all three defendants committed numerous civil infractions for their conduct inciting the riot on January 6, including Conspiracy to Violate Civil Rights, Interference with Official Duties, 42 U.S.C. § 1985(1), Neglect to Prevent Interference with Civil Rights, 42 U.S.C. § 1986; negligence per se, inciting assault, riot, disorderly conduct, and terrorism, intentional infliction of emotion distress, negligent infliction of emotional distress, and aiding and abetting common law assault. This case was assigned to U.S. District Judge Amit Mehta.

On May 17, 2021, defendant Giuliani filed a motion to dismiss. Giuliani argued that the complaint was inadequately pleaded, and that the First Amendment barred plaintiff's claims.

On May 25, 2021, defendant Trump filed a motion to dismiss. Trump argued that he was absolutely immune from civil litigation for all actions undertaken while he was president. Trump also argued that plaintiff lacked standing, and that plaintiff's claims were barred by the First Amendment.

On July 2, 2021, defendant Brooks filed a motion to certify that he was acting within the scope of his office or employment when he made his remarks on January 6. If he was, Brooks argued that he should be dismissed as a defendant.

Plaintiff filed his response to the defendants' motions to dismiss on July 8, 2021. Plaintiff argued that no defendant was protected by the First Amendment because that amendment does not protect conspiracy to overthrow the government.

On February 18, 2022, Judge Mehta granted defendant Giuliani's motion to dismiss and granted in part and denied in part defendant Trump's motion to dismiss. Judge Mehta held that defendant Giuliani's speech was protected under the First Amendment. Judge Mehta dismissed the § 1986 claim, the intentional infliction of emotional distress claim, the negligent infliction of emotional distress claim, and the negligence claim against President Trump. Judge Mehta denied President Trump's argument that he was absolutely immune from civil liability for actions undertaken while he was president.

On February 22, 2022, Defendant Brooks filed a motion to dismiss, which Judge Mehta granted on March 9, 2022. Judge Mehta held that defendant Brooks' speech was protected under the First Amendment.

On March 18, 2022, President Trump appealed Judge Mehta's holding that he was not absolutely immune to the U.S. Court of Appeals for the D.C. Circuit.

On March 16, 2024, the D.C. Circuit held that defendant Trump must have the opportunity to argue the merits of the immunity question before proceeding with discovery.

	Document
1 1:21-cv-00586	Complaint	March 5, 2021	March 5, 2021
13-1 1:21-cv-00586	Memorandum in Support	May 17, 2021	May 17, 2021
14-1 1:21-cv-00586	Memorandum in Support	May 24, 2021	May 24, 2021
23 1:21-cv-00586	Memorandum in Opposition	July 8, 2021	July 8, 2021
56 1:21-cv-00586	Order on Motion to Dismiss	Feb. 18, 2022	Feb. 18, 2022
58 1:21-cv-00586	Memorandum in Opposition	March 8, 2022	March 8, 2022
59 1:21-cv-00586	Order on Motion to Dismiss	March 9, 2022	March 9, 2022
1208458467 22-7030	[Untitled]	Oct. 3, 2022	Oct. 3, 2022
1208466270 22-7030	[Untitled]	Oct. 31, 2022	Oct. 31, 2022
1208575879 22-7030	Opinion Filed (Merits Panel)	Dec. 1, 2023	Dec. 1, 2023

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8280044) filed by ERIC SWALWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Caleb, Joseph) (Entered: 03/05/2021) 1 Civil Cover Sheet View on RECAP 2 Summons View on RECAP 3 Summons View on RECAP 4 Summons View on RECAP 5 Summons View on RECAP	March 5, 2021	March 5, 2021 Clearinghouse
2	NOTICE OF RELATED CASE by ERIC SWALWELL. Case related to Case No. 21-cv-400. (Caleb, Joseph) (Entered: 03/05/2021)	March 5, 2021	March 5, 2021 RECAP
	Notice of QC- New Case	March 5, 2021	March 5, 2021
	NOTICE OF ERROR re 1 Complaint; emailed to joe@calebandonian.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, )	March 5, 2021	March 5, 2021
	NOTICE OF ERROR re 2 Notice of Related Case; emailed to joe@calebandonian.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, )	March 5, 2021	March 5, 2021
3	CIVIL COVER SHEET by ERIC SWALWELL filed by ERIC SWALWELL.(Caleb, Joseph) (Entered: 03/09/2021)	March 9, 2021	March 9, 2021 RECAP
4	NOTICE OF RELATED CASE by ERIC SWALWELL. Case related to Case No. 1:21-cv-00400. (Caleb, Joseph) (Entered: 03/09/2021)	March 9, 2021	March 9, 2021 RECAP
	Case Assigned/Reassigned	March 9, 2021	March 9, 2021
	Case Assigned to Judge Amit P. Mehta. (adh, )	March 9, 2021	March 9, 2021
5	SUMMONS (4) Issued Electronically as to MO BROOKS, RUDOLPH W. GIULIANI, DONALD J. TRUMP, JR, DONALD J. TRUMP. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/10/2021) 1 Notice and Consent View on RECAP	March 10, 2021	March 10, 2021 RECAP
6	NOTICE of Appearance by Sarah Renee Fink on behalf of ERIC SWALWELL (Fink, Sarah) (Entered: 03/17/2021)	March 17, 2021	March 17, 2021 RECAP
7	NOTICE of Appearance by Matthew G. Kaiser on behalf of ERIC SWALWELL (Kaiser, Matthew) (Entered: 03/17/2021)	March 17, 2021	March 17, 2021 RECAP
8	NOTICE of Appearance by Jesse R Binnall on behalf of DONALD J. TRUMP, JR, DONALD J. TRUMP (Binnall, Jesse) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 RECAP
9	WAIVER OF SERVICE. DONALD J. TRUMP waiver sent on 3/24/2021, answer due 5/23/2021. (Fink, Sarah) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021 RECAP
10	WAIVER OF SERVICE. DONALD J. TRUMP, JR waiver sent on 3/24/2021, answer due 5/23/2021. (Fink, Sarah) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021 RECAP
11	WAIVER OF SERVICE. RUDOLPH W. GIULIANI waiver sent on 3/18/2021, answer due 5/17/2021. (Caleb, Joseph) (Entered: 04/02/2021)	April 2, 2021	April 2, 2021 RECAP
12	NOTICE of Appearance by Philip C. Andonian on behalf of ERIC SWALWELL (Andonian, Philip) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 RECAP
13	MOTION to Dismiss pursuant to FED. R. CIV. P. 12(b)(6) by RUDOLPH W. GIULIANI. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sibley, Joseph) (Entered: 05/17/2021) 1 Memorandum in Support View on Clearinghouse 2 Text of Proposed Order View on RECAP	May 17, 2021	May 17, 2021 RECAP
14	MOTION to Dismiss for lack of jurisdiction and failure to state a claim by DONALD J. TRUMP, JR, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Binnall, Jesse) (Entered: 05/24/2021) 1 Memorandum in Support View on Clearinghouse 2 Text of Proposed Order View on RECAP	May 24, 2021	May 24, 2021 RECAP
15	Joint MOTION for Briefing Schedule by ERIC SWALWELL. (Attachments: # 1 Text of Proposed Order)(Fink, Sarah) (Entered: 05/29/2021) 1 Text of Proposed Order View on RECAP	May 29, 2021	May 29, 2021 RECAP
	MINUTE ORDER granting 15 Motion for Briefing Schedule. Plaintiff's oppositions to motions to dismiss shall be filed on or before July 8, 2021. Defendants' replies to Plaintiff's oppositions shall be filed on or before July 22, 2021. Signed by Judge Amit P. Mehta on 5/31/2021. (lcapm3)	May 31, 2021	May 31, 2021
	Order on Motion for Briefing Schedule	May 31, 2021	May 31, 2021
16	MOTION for Extension of Time to Serve the Complaint and Other Relief as to Defendant Mo Brooks by ERIC SWALWELL. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Andonian, Philip) (Entered: 06/02/2021) 1 Exhibit Exhibit A View on RECAP 2 Text of Proposed Order Proposed Order View on RECAP	June 2, 2021	June 2, 2021 RECAP
	Order on Motion for Extension of Time to	June 2, 2021	June 2, 2021
	MINUTE ORDER granting in part and denying in part 16 Plaintiff's Motion for Additional Time to Serve the Complaint on Defendant Mo Brooks. Plaintiff shall have an additional sixty (60) days to serve Defendant Brooks. Due to separation of powers concerns, however, the court declines Plaintiff's request to order the United States Marshals Service to assist Plaintiff in effecting service. Signed by Judge Amit P. Mehta on 6/2/2021. (lcapm3)	June 2, 2021	June 2, 2021
17	NOTICE of Appearance by Barry Coburn on behalf of ERIC SWALWELL (Coburn, Barry) (Entered: 06/05/2021)	June 5, 2021	June 5, 2021 RECAP
18	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MO BROOKS served on 6/6/2021, answer due 6/27/2021 (Andonian, Philip) (Entered: 06/08/2021)	June 8, 2021	June 8, 2021 RECAP
19	MOTION for Default Judgment as to Defendant MO BROOKS by ERIC SWALWELL. (Andonian, Philip) (Entered: 07/01/2021)	July 1, 2021	July 1, 2021 RECAP
20	MOTION to Certify Defendant Mo Brooks was Acting Within the Scope of his Office or Employment by MO BROOKS. "Let this be filed" Signed by Judge Amit P. Mehta on 7/2/2021. (eg) (Main Document 20 replaced on 7/7/2021) (zeg). (Entered: 07/02/2021)	July 2, 2021	July 2, 2021 RECAP
21	REPLY re 19 MOTION for Default Judgment as to Defendant MO BROOKS filed by MO BROOKS. (eg) (Entered: 07/07/2021)	July 4, 2021	July 4, 2021 RECAP
	MINUTE ORDER. The United States and Plaintiffs shall respond by July 27, 2021, to 20 Defendant Mo Brooks' Petition to Certify He Was Acting Within the Scope of his Office or Employment. Defendant Brooks may file a reply by August 10, 2021. The clerk of court shall serve a copy of this Minute Order and a copy of Defendant's Motion on the head of the Civil Division for the U.S. Attorney's Office for the District of Columbia. Signed by Judge Amit P. Mehta on 7/5/2021. (lcapm3)	July 5, 2021	July 5, 2021
	MINUTE ORDER denying 19 Plaintiff's Motion for Default Judgment Against Defendant Mo Brooks. By virtue of filing his Petition to Certify, Defendant Brooks cannot be considered "an essentially unresponsive party," and strong policy reasons favor resolution of disputes on their merits. See Jackson v. Beech, 636 F.2d 831, 836 (D.C. Cir. 1980) (quoting H. F. Livermore Corp. v. Aktiengesellschaft Gebruder Loepfe, 432 F.2d 689, 691 (D.C. Cir. 1970) (per curiam)). Accordingly, Plaintiff's motion is denied without prejudice. Signed by Judge Amit P. Mehta on 7/5/2021. (lcapm3)	July 5, 2021	July 5, 2021
	Order	July 5, 2021	July 5, 2021
	.Order	July 5, 2021	July 5, 2021
	MINUTE ORDER. The General Counsel for the U.S. House of Representatives shall respond by July 27, 2021, to 20 Defendant Mo Brooks' Petition to Certify He Was Acting Within the Scope of his Office or Employment. The clerk of court shall serve a copy of this Minute Order and a copy of Defendant's Motion on the House General Counsel. Signed by Judge Amit P. Mehta on 7/7/2021. (lcapm3)	July 7, 2021	July 7, 2021
	Order	July 7, 2021	July 7, 2021
	.Order	July 7, 2021	July 7, 2021
22	MOTION for Leave to File Brief of Amici Curiae In Support of Plaintiffs by Floyd Abrams, ERWIN CHEMERINSKY, MARTHA MINOW, LAURENCE H. TRIBE. (Attachments: # 1 Brief of Amici Curiae, # 2 Text of Proposed Order [Proposed] Order Granting Motion For Leave To File Brief of Amici Curiae)(Marais, Nicholas) (Entered: 07/08/2021) 1 Brief of Amici Curiae View on RECAP 2 Text of Proposed Order [Proposed] Order Granting Motion For Leave To File Brief View on RECAP	July 8, 2021	July 8, 2021 RECAP
23	Memorandum in opposition to re 14 MOTION to Dismiss for lack of jurisdiction and failure to state a claim, 13 MOTION to Dismiss pursuant to FED. R. CIV. P. 12(b)(6) filed by ERIC SWALWELL. (Andonian, Philip) (Entered: 07/08/2021)	July 8, 2021	July 8, 2021 Clearinghouse
24	NOTICE of Appearance by Paul March Smith on behalf of Campaign Legal Center Action (Smith, Paul) (Entered: 07/08/2021)	July 8, 2021	July 8, 2021 RECAP

Case: Swalwell v. Trump

1:21-cv-00586 | U.S. District Court for the District of District of Columbia

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