A federal judge ruled on Wednesday that a wrongful death lawsuit, filed by the father of one of the men killed by Kyle Rittenhouse during the 2020 Kenosha civil unrest, will be allowed to proceed.
John Huber, the father of Anthony Huber, filed a complaint in August 2021 in the U.S. District Court for the Eastern District of Wisconsin against Rittenhouse, who is a former Antioch resident.
The lawsuit also named former Kenosha Police Chief Daniel Miskinis, Kenosha Police Chief Eric Larsen, Kenosha police officers, Kenosha County sheriff’s deputies and both the City of Kenosha and County of Kenosha as defendants.
Anthony Huber, who was 26 years old at the time, was fatally shot by Rittenhouse in August 2020 during civil unrest in Kenosha sparked by the Jacob Blake police-involved shooting.
Evidence presented during Rittenhouse’s trial showed Huber hitting the then-17-year-old with a skateboard and pulling on his rifle before he was fatally shot in the chest.
A jury found Rittenhouse not guilty on all charges in November 2021, including homicide charges.
In the lawsuit, John Huber alleged that law enforcement “did not treat Rittenhouse or any of the other armed individuals patrolling the streets as a threat to the safety of themselves or the citizens they were sworn to protect.”
He further alleged that they conspired with armed individuals like Rittenhouse and deprived Anthony Huber of his constitutional rights.
“The conduct of the Kenosha Police Department, Kenosha County Sheriff’s Department, and its supervisors and police officers, directly caused Anthony Huber’s death. Anthony’s father, John Huber, and his mother, Karen Bloom, now seek justice for death of their son,” the complaint said.
John Huber is seeking unspecified damages from the defendants.
Rittenhouse and the governmental defendants filed motions to dismiss the lawsuit.
The defendants “contend that plaintiff has failed to properly allege federal civil-rights claims, and that therefore the complaint should be dismissed on the merits under Federal Rule of Civil Procedure 12(b)(6).”
Rittenhouse also argued that he was insufficiently served with the lawsuit.
On Wednesday, U.S. District Judge Lynn Adelman dismissed the defendants’ motions, allowing the case to proceed.
Adelman said that Anthony Huber’s death “could plausibly be regarded as having been proximately caused by the actions of the governmental defendants.”
Rittenhouse also shot and killed Joseph Rosenbaum, 36, and injured Gaige Grosskreutz, 26.
Grosskreutz, who had his right bicep shot by Rittenhouse after pulling a gun and advancing on him, is also suing the City of Kenosha.