In June, five Proud Boys leaders—Enrique Tarrio, Zachary Rehl, Ethan Nordean, Joseph Biggs, and Dominic Pezzola—filed a $100 million lawsuit in the U.S. District Court for the Middle District of Florida. They claimed their prosecutions following the Jan. 6, 2021, Capitol attack were politically charged, alleging “malicious prosecution,” warrantless home raids, tapped attorney communications, and use of an inside informant.
On Monday, the Department of Justice filed a motion to dismiss the complaint entirely, citing sovereign immunity and arguing that the plaintiffs failed to state a valid claim. FBI Special Agent Nicole Miller also filed a separate dismissal motion. DOJ lawyers—including Siegmund F. Fuchs, Brett A. Shumate, and C. Salvatore D’Alessio, Jr.—argued the case should be dismissed in full. The plaintiffs oppose the motion.
All five defendants were convicted in 2023 on charges stemming from the Capitol breach. Upon taking office in January, President Trump issued a pardon for Tarrio and commutations for the other four. Attorneys representing the plaintiffs include Augustus Sol Invictus (Orlando-based) and Thomas F. Ranieri, Sr. (Virginia-based). The case was initially assigned to Judge Wendy Williams Berger, with pretrial matters referred to Magistrate Judge Daniel C. Irick.
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