Motion To Dismiss Civil Suit Against Kyle Rittenhouse is Denied

Motion To Dismiss Civil Suit Against Kyle Rittenhouse is Denied (Screen snip, YouTube,NBC Chicago)

KENOSHA, Wis -(Ammoland.com)- The motion to dismiss the civil case against Kyle Rittenhouse by the family of Anthony Huber was denied.

Anthony Huber was shot and killed by Mr. Rittenhouse after attacking the teenager with a skateboard at a Black Lives Matter protest that turned into a riot. Mr. Rittenhouse was there to provide medical aid to anyone that needed it after he spent the day cleaning up vandalism. At the time of the shooting, Rittenhouse was being chased by an angry mob after shooting a convicted child rapist who attacked him. The crowd descended on the young man when he stumbled and fell to the ground.

The lawsuit was launched by Anthony Huber’s father, John Huber. The elder Huber claims that Rittenhouse unjustly shot and killed his son and is entitled to a cash settlement. Wisconsin unsuccessfully tried Rittenhouse for murder. Mr. Rittenhouse beat all charges levied against him. Many in the Second Amendment community viewed the charges as a malicious prosecution by the state to appease the angry mob. They believe that Rittenhouse was justified in his use of force.

Mr. Huber claims his son was a “hero” and was just trying to disarm the youth. This statement is contradicted by video footage shown during the criminal case that clearly shows Anthony Huber swinging his skateboard at Rittenhouse’s head as he was on the ground. The lawsuit brings up the shooting of a third man by Rittenhouse. The lawyers for Huber state that Gaige Grosskreutz approached Rittenhouse with his hands up. Video evidence shows Mr. Grosskreutz pointed a Glock handgun at the fallen man before Rittenhouse shot him in the bicep, effectively disarming him.

The Complaint reads: “After Anthony was shot, Gage Grosskreutz approached Defendant Rittenhouse with his hands up, pleading with him to stop his shooting rampage. Without provocation or any legal justification, Defendant Rittenhouse shot at Grosskreutz from point-blank range, hitting him in the arm. Thankfully, Grosskreutz survived.”

The case also tries to paint Rittenhouse as a white supremacist. There is no evidence of any racism on the part of Rittenhouse. The case involves Rittenhouse shooting three other white men in what a jury determined to be self-defense. At no point did Rittenhouse shoot at any people of color or even have encounters with anyone who wasn’t white.

The plaintiff also claims that Rittenhouse crossed state lines with an “assault rifle.” This theory has been disproven time and time again. The AR-15-style rifle that Mr. Rittenhouse used is not an assault rifle. Not only that, but the firearm also never crossed state lines. Mr. Rittenhouse will once again have to fight against these false accusations.

The Kenosha police department is also named in the case. The lawsuit claims that the police deputized Rittenhouse. That lawsuit claims that parties entered into a conspiracy that led to the younger Huber’s death. The plaintiffs claim that because of this conspiracy, Rittenhouse became a state actor in addition to being a militia member. The attorneys for the Huber estate don’t state where this information was obtained, but a representative for Mr. Rittenhouse denied the accusation to AmmoLand News.

The process server never served Mr. Rittenhouse with a notice of the lawsuit. The process server delivered the notice to Rittenhouse’s sister at his mother’s home. Rittenhouse didn’t live at the residence, and a notice of a lawsuit is supposed to be delivered to the residence of the suit’s target. The plaintiffs claim that if they had been informed that Rittenhouse didn’t live at the address, the server would have left with the notice. The plaintiffs asked the court to make Rittenhouse disclose his current address in discovery. With the many threats of violence against Rittenhouse, this demand could put him in danger.

The Rittenhouse team has set up a Give Send Go to help fund his defense. The Plaintiffs are well financed, judging by the size of their legal team. Contrary to popular belief, Rittenhouse has not seen a Nick Sandmann-like windfall.

Any chance of Kyle Rittenhouse moving past the unfortunate event in Kenosha will have to wait until the civil suit is settled.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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DIYinSTL

So observing someone who is fleeing from a mob and is running toward police protection is reason to strike the pursued with a deadly contunding instrument? And to do so makes you Hero? I guess the justice system requires that the plaintiff be allowed their day in court before being dismissed with prejudice.

PAF145

The huber family should be sued for breeding a ferrell animal

Montana454Casull

Mr. Huber is in denial about his son and that’s why he raised him to be a thug . Kyle defended his life from the thug Huber. End of story , no money awarded for being a criminal Mr Huber .

Dee

This is going to be very sticky for us gun owners and our concept that good people with guns can stop “bad” people with guns especially in mass shootings. Without any provocation or initial excitement, Rittenhouse appeared as a mass shooter. How did the young man that was killed know that Rittenhouse was justified??

This trips up our idea that we can justifiably stop mass shootings as a legal citizen. Someone please explain this to me.

Wass

A good part of the strategy behind left-wing rhetoric is repeat the same canards often, even if disproven. You can destroy all their arguments to their faces, but they are always right. It’s one false religion.

JimQ

this lawsuit has no merit whatsoever.

Where is Rittenhouse’s lawsuits for slander and defamation?

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