Lawsuit Alleges “Malice and Willful and Wanton Conduct” in Kenosha Shooting
A federal judge has ruled that a lawsuit can proceed against Kyle Rittenhouse, the teenager who shot and killed two people during protests in Kenosha, Wisconsin in August 2020. The lawsuit, which was brought by the family of one of the victims, alleges that Rittenhouse acted with “malice and willful and wanton conduct” in the shooting.
The ruling, which was issued on Tuesday, February 1st, by U.S. District Judge Mary M. Rowland, allows the lawsuit to move forward and sets the stage for a potentially lengthy legal battle. The lawsuit seeks damages for the death of Anthony Huber, one of the victims of the shooting.
In her ruling, Judge Rowland rejected Rittenhouse’s argument that he acted in self-defense when he shot and killed Huber and another man, Joseph Rosenbaum, during the protests. The judge stated that the question of whether Rittenhouse acted in self-defense is a matter for a criminal trial, not a civil lawsuit.
“Self-defense is a criminal defense, not a civil defense, and it does not apply to claims of wrongful death,” Judge Rowland wrote in her ruling.
The lawsuit alleges that Rittenhouse traveled to Kenosha with the intention of provoking violence and that he acted with “reckless disregard for human life” when he opened fire on the protesters. The suit also names the city of Kenosha and law enforcement officials as defendants, alleging that they were negligent in their handling of the protests and contributed to the violence that occurred.
The lawsuit is one of several legal challenges that Rittenhouse is facing in the aftermath of the shooting. He is currently awaiting trial on charges of first-degree intentional homicide and other offenses in Wisconsin state court.
The shooting in Kenosha, which occurred in the midst of nationwide protests against police brutality and racial injustice, has been a flashpoint in the ongoing debate over gun rights and the use of force by civilians. The incident has also sparked controversy over the role of social media in the dissemination of information and the spread of misinformation.
As the legal proceedings continue, the families of the victims and the wider community continue to grapple with the aftermath of the shooting and its impact on their lives. The lawsuit against Rittenhouse is just one of many steps in a long and difficult journey towards justice and healing.