Rittenhouse’s attorneys said that Hoover’s attorneys had not properly provided a copy of the complaint and that Hoover conspired with law enforcement and other individuals to commit violence against protesters on the basis of race. He sought dismissal of the lawsuit on the grounds that he did not.
“I do not agree with Mr. Hoover’s plausible allegations against Kyle,” Rittenhouse attorney Shane P. Martin said in an interview with The Washington Post on Thursday. Allows the case to move forward for the time being, but it doesn’t change the fact… there was just no conspiracy between Kyle and the Kenosha police to identify Anthony Hoover, and one juror has already found out. As we did, Kyle’s actions that night weren’t illegal and were taken in self-defense.
Rittenhouse took to the streets of Kenosha in August 2020 with an AR-style rifle and said he wanted to help protect the company amid the chaos following the police shooting of Jacob Blake. However, during a brief confrontation, Rittenhouse shot dead his 36-year-old Rosenbaum and his 26-year-old Hoover. He also shot and wounded his then-26-year-old Gaige Grosskreutz. Rittenhouse claimed he acted in self-defense and faced the possibility of life in prison if convicted.
“[Yesterday’s] This ruling brings Anthony’s family one step closer to justice for his son’s needless death,” Anand Swaminathan, the attorney representing Huber’s father, said in an email to The Post. “The lawsuit proceeds to discovery, fully revealing the events of that fateful and tragic night.”
Hoover’s suit is named Rittenhouse, Kenosha County Sheriff David G. Beth, former Kenosha Police Chief Daniel G. Miskinis, acting Kenosha Police Chief Eric Larsen, the City of Kenosha and Kenosha County.
Law enforcement agencies and attorneys for the senior government officials accused did not immediately respond to messages from the Post seeking comment.
Rittenhouse’s attorneys argued that he was not receiving proper services because he did not live in the Florida residence where his sister and mother lived in court and received court papers.
In Wednesday’s ruling, U.S. District Judge Lynn Adelman said that while Rittenhouse “deliberately concealed his whereabouts,” Hoover’s attorneys went to great lengths to find Rittenhouse’s permanent residency and provide court documents. I wrote that I made a great effort.
Hoover “hired three expert investigators who spent more than 100 hours searching for Rittenhouse across the country,” Adelman writes. “By contrast, Rittenhouse is almost certainly avoiding service.”
He also rejected the defense’s allegation that Huber’s attorney did not properly allege that Rittenhouse conspired with law enforcement on the night of the protest.
Adelman said the conspiracy allegations may be considered “impossible” by some, but now courts “consider the evidence” or “determine whether the plaintiff might be able to prove his claims.” It’s not the time to judge.
“So long as the facts asserted by plaintiffs are not fantastic or delusional, courts must accept them as true,” Adelman wrote. “The determination of whether the allegations are true or false will be made later in the case after all sides have had an opportunity to present their evidence.”
Mark Guarino, Kim Bellware, and Mark Berman contributed to this report.
