The U.S. Department of Justice filed a motion Monday to dismiss a class action lawsuit brought by defendants charged in the January 6, 2021, Capitol breach, asserting that all claims are legally barred under the Federal Tort Claims Act (FTCA).
The lawsuit, filed by individuals who participated in the riot, alleges injuries resulting from excessive police force during the events of Jan. 6. However, the Justice Department contends that the claims were submitted far beyond the required two-year statute of limitations under the FTCA.
Key Deadline Missed
According to the Justice Department filing, plaintiffs had until January 6, 2023, to submit administrative claims for injuries allegedly sustained on Jan. 6, 2021. The department noted that the earliest claim from named plaintiffs was dated July 29, 2025, more than two years after the deadline.
The filing also states that the submitted forms were partially completed, with some lacking signatures and required supporting documentation. The Justice Department argued that plaintiffs knew of their injuries and the responsible parties but chose to delay filing until after the legal window had closed.
Recent Policy Change
On Sunday, Acting Attorney General Todd Blanche issued an order rescinding a $1.8 billion "anti-weaponization" fund established to compensate allies of former President Donald Trump. The order does not explicitly bar restitution or payouts to individuals convicted in connection with the Jan. 6 riot. A former Justice Department lawyer noted that Blanche’s action has no legal effect and does not prevent the fund from being reinstated in the future.
Legal Framework and Implications
The FTCA allows individuals to sue the federal government for torts committed by its employees, but it imposes strict deadlines. Plaintiffs must first file an administrative claim within two years of the alleged injury before pursuing litigation. The Justice Department’s motion argues that the delayed filings violate these requirements, rendering the lawsuit inadmissible.
The case raises broader questions about the legal recourse available to individuals involved in the Jan. 6 events, particularly regarding claims of police misconduct. Legal experts note that while the Justice Department’s position is procedurally sound, the timing of the filings—nearly four years after the incident—has drawn scrutiny over whether plaintiffs were attempting to circumvent the statute of limitations.
Next Steps
The court has not yet ruled on the motion to dismiss. If granted, the lawsuit would be permanently barred, preventing plaintiffs from pursuing claims related to their alleged injuries on Jan. 6. The outcome could set a precedent for similar cases involving federal tort claims and statute of limitations compliance.