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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JimQ

this lawsuit has no merit whatsoever.

Where is Rittenhouse’s lawsuits for slander and defamation?

Ope

JimQ, maybe Rittenhouse needs to hire Sandmanns attorneys for the civil litigation. There could also be a lot more going on then we’re aware of.

totbs

When he loses, I hope all court costs and defense attorney fees are ordered to be paid by Huber. All frivolous lawsuits should be loser pays.

PAF145

The huber family should be sued for breeding a ferrell animal

Ope

The same videos that cleared him on criminal charges , will do the same in the civil case. Rittenhouse rid the world of two convicted child molesting perverts, the skateboarding punk being one of them.

jMcNair

Hey now, I was a skateboarding punk at one time. I still roll around occasionally. Hah

Wild Bill

Welcome to the site.

OngoingFreedom

“At no point did Rittenhouse shoot at any people of color or even have encounters with anyone who wasn’t white.” Good article except for this point. ‘Jump kick man’, aka Maurice Freeland, is a black man who attacked Rittenhouse while he was on his back and was shot at twice by Rittenhouse. It was the only misses that Rittenhouse made that night. Mr. Freeland’s skin color is irrelevant to his actions and to Rittenhouse’s reactions, but that doesn’t relieve you of the responsibility to be accurate. Anyway, garbage rioters, garbage lawsuit and even the process server is garbage. I imagine… Read more »

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 .

JC

Junk lawsuit. You can sue a ham sandwich with a willing lawyer. Huber senior should be counter sued for being a negligent parent. However, there is always some jury available to award “not their money” huge settlements.

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.

Jonesy

How true. F…ing Joe Biden has been doing that almost regularly esp.about five police officers Killed Jan 6. i

Bill

Huber simply is after the big bucks. Maybe of he’d raised his son better he’d still be alive. As to Mr. Gaige Grosskreutz, the video evidence shows that there be liars in the courtroom. Maybe perjury charges need to be investigated. Since I assume these outrageous charges were sworn to!

hippybiker

The members of “The Tribe” want their “pound of flesh.” Hopefully, a Jury of intelligent people will see this for the Bull Scat it is! But I would bet any money on it!

Finnky

Did spell checker help you out with this? I think you are missing a “not” in last sentence.

nrringlee

Truth is a lost concept on the Progressive New Left. It is time to stand and fight back. Send money to Rittenhouse’s defense fund. When he wins he needs to file a massive counter suit.

james

Plaintiff forgets that Gage Grosskreutz is on record wanting to empty the magazine of his Glock into the Defendant.

xtphreak

I’m not going to comment on the various legal issues involved when a criminal attacks someone (assault / assault & battery) then is killed in the commission of the crime, then their family tries to exploit their demise for financial gain. I AM going to comment on the choice of words used in this article. “…Mr. Grosskreutz pointed a Glock handgun at the fallen man before Rittenhouse shot him in the bicep, effectively disarming him …” Actually, he was ALMOST disarmed. As I recall, his arm was still attached, so not quite disarmed. lol I love the choice of phrasing… Read more »

Nanashi

Lynn Adelman is clearly a political hack and needs to be disbarred.

gregs

if your child attempts to seriously harm or kill another individual, they are not a good person. and, if they are hurt during the commission of that action, the fault is entirely theirs. there is absolutely no merit in this complaint and it should be summarily dismissed with prejudice. the plaintiffs claims are, (throw a bunch of crap against the wall some of it has to stick) have already been addressed, and seem to be written by someone with limited legal acumen. the end of pg 7 and page 8 of the motion to quash are spot on and good… Read more »

uncle dudley

If Anthony Huber was over the age of eighteen which I believe he was, the father has no right in my opinion of suing Rittenhouse for anything, especially since he was found not guilty in the criminal case.
The judge made the wrong decision to allow this suit to go forward.
All this will do is cause more problems for the city and might start another riot.

Ope

Uncle Dudley, respectfully, I believe you’re incorrect about that. I do agree the judge was wrong to allow this bullshit to proceed. The video again will clear KR.

jMcNair

Families sue on behalf of members who were killed and over 18, all the time.
I remember a police officer came to out boy scout meeting when I was a kid and told us if we are going to shoot someone that broke into our house, kill them
Dead men can’t sue.
Not true anymore.

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.

andersw

Is there any link or other support for the headline asssertion that a motion to dismiss was denied? I cannot find any confirmation of this anywhere. The embedded documents include a motion to dismiss and the plaintiff’s response to that motion, but no ruling. The bulk of this article is just rehashing arguments.

Lava

No-win situation on the server. If Rittenhouse can not disclose his residence because of death threats, the employee could not serve the papers to his residence. I wonder how they could legally proceed.

JPM

Typical of the clusterf*ck that is the current alleged “Justice System” in this nation. If you can’t win in criminal court, you can try again in civil court, regardless of the 5th Amendment enumerating the right against “double jeopardy”. Kyle was found not guilty, but now will have to spend a fortune on blood sucking shysters because of this B.S. from scumbags who bred scum who got what he deserved. Justice in America should be at the top of the endangered species list.

JayWPB

Anthony Huber died during the commission of a crime, and that crime was committed by – oh yeah, Anthony Huber. The only person responsible for the death is Anthony Huber. I wish I was on that jury.

Dee

I think the lawsuit has merit as a civil trial. But as we all learn not as a criminally defense. That doesn’t mean that Huber did not BELIEVE he was trying to stop an active shooter because he may not have seen what happened with the first shooting down the road, of Joseph Rosenbaum. However, under Wisconsin law, what matters in a self-defense claim is what the DEFENDANT believes, not the person he shot. The jury needed to find that Rittenhouse reasonably believed he was in danger of imminent death or great bodily harm when he fired. And .obviously that… Read more »

Lava

That would make everyone liable in every single self-defense shooting.

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.

Wild Bill

“… Rittenhouse appeared as a mass shooter.” is not a fact.

“How did the young man that was killed know that Rittenhouse was justified?” is not required by the law of self defense.

The man went after Rittenhouse. Rittenhouse pointed the gun at his attacker. The attacker hesitated, and R responded by lowering his muzzle. The attacker renewed the attack, demonstrating to all the attacker’s intent.

Any attacker that has deadly intent should know, instinctively, that his intended victim is justified in using a deadly response.

Finnky

@WB – Your description of Rittenhouse pointing, then lowering his gun before attacker renewed attack and was shot sounds more like Grosekruets (sp?) who came after Huber so irrelevant to what Huber saw. What Huber saw was someone slowly running toward the police, who happened to be carrying a carbine. What he he heard was numerous people screaming to kill Kyle. Huber responded to mob’s urging, attacking Kyle after he’d fallen to the ground. Sounds to me like one of those lynchings leftists are always claiming conservatives engage in – you know mob-think going after some innocent person simply because… Read more »

Finnky

While I could not run even as fast as Kyle was, one might wonder whether outcome would have been considerably different if he’d been fit and quicker on his feet. Pursuers were easily able to catch up to him, to harass him and step back. In video I saw it looked like another attacker struck him in the head shortly before he fell. If Kyle had been running as fast as his pursuers and better at staying on his feet, it is likely the entire event would have been comprised of Rosenbaum’s death (suicide by kid) and Kyle running to… Read more »

Ope

Finnky, Bingers incompetent prosecutorial effort? That kid should had never been prosecuted at all! That was a text book case of malicious prosecution.

Ope

Huber was just a skinny kid trying to be a tough guy and impress his skank girlfriend. The skateboarding moron took his last ride when he attacked Kyle Rittenhouse. He lived like an idiot and died like an idiot. Kyle Rittenhouse is an inspiration to all 2A,freedom loving Americans.

Finnky

Strongly agree – however watching the case one could be excused thinking that maybe ADA binger was trying to lose. Either as ADA he was assigned the case by the DA, and told to prosecute as hard as possible (and disagreed), or he truly is among the least competent attorneys in the country. So much of what he did was over the top, comical, or calculated to make jury unsympathetic to him. He pointed an AR at the jury with his finger on the trigger. If I’d been on the jury, I’d likely have asked the judge to get bailiff… Read more »

Dee

Well this kinda kill the idea that us citizen could really legally stop mass shootings. If a mass shooter kills his attacker, is the mass shooter justified? I think this what we have here. With todays laws, I would think the mass shooter is justified. I mean Kyle was right? Again it’s kinda a slippery slope!

Wild Bill

No, no slippery slope. The Law of Self Defense is spelled out clearly, and applied in grinding detail.

Ope

Finnky, if the criminal scum wouldn’t had chased Rittenhouse and attacked him, this never would had happened.

Arny

If there was any real Justice. The CANCER that brought all of this about would be facing charges. These politicians have way to much lead way. And the public is to damn ignorant.

Ansel Hazen

Lol, Huber should be going after LE for allowing an attractive nuisance. No one woulda been chasing anyone if they were doing the job they’ve been hired to do.

jMcNair

Something like this is my concern with police responding and other armed citizens. They show up and one of are trying to stop.the “bad guy”, but can be mistaken as the bad guy if not given warning. Slightly off topic I guess.

Ansel Hazen

Shouldn’t be a problem really. The good guys will have taken care of the threat before the cops arrive anyway.

Dee

I think the kid that was killed unfortunately who had the skateboard probably thought he was being a Good Samaritan. His thought was to probably only disarm him. Obviously he was only going to do so much damage and his counter move was surprise tactics. My opinion. I’m sure he had no intentions to cause physical harm to anyone that night unlike Rittenhouse.

Wild Bill

So … you think that you know his thoughts. What should I buy on the stock market, today?