D.C. and federal officials say there will be increased police and National Guard presence for Tuesday’s State of the Union and ahead of possible protests.

Geoff Livingston / Flickr

Two D.C. police officers who fought off insurrectionists at the U.S. Capitol on Jan. 6, 2021 have sued former president Donald Trump over the injuries they suffered that day, as well as for inciting a riot and for violating a 150-year-old federal law prohibiting political intimidation.

They’re each asking for $75,000 in compensatory damages, and more in punitive damages. It is the fourth lawsuit filed against the former president by officers injured at the Capitol.

The suit, which was filed in U.S. District Court for the District of Columbia on Tuesday, comes as the city and many lawmakers prepare to observe the one-year anniversary of the insurrection, when Trump’s supporters  stormed the Capitol and battled with police while Congress gathered to certify the Nov. 2020 election results.

More than 850 officers with the Metropolitan Police Department joined the Capitol Police in responding to the insurrection, many suffering injuries at the hands of the violent mob. In their lawsuit, Officer Bobby Tabron and Officer DeDivine K. Carter — 19-year and five-year veterans, respectively — accuse Trump of having “inflamed, encouraged, incited, directed, and aided and abetted” the crowd that injured them.

During Trump’s impeachment trial, many pointed to the part in his speech in which he told the crowd “We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore” as evidence that he incited the crowd. The former president’s lawyers countered that he also said: “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

Tabron describes being hit in the head while fighting off insurrectionist trying to breach barriers outside the Capitol, and later hit with bats and flagpoles and doused with pepper spray and bear mace.

“Fear was not something he was accustomed to experiencing while on duty, but Officer Tabron was afraid for his life and shaking uncontrollably as he fell backward and wondered what the insurrectionists were going to do to him. He feared someone would pull a weapon on him and kill him,” reads the lawsuit. (Former D.C. police officer Michael Fanone said that Trump supporters did threaten to use his own gun against him.)

The lawsuit says both officers ultimately ended up in what became known as the “tunnel of death,” a narrow passageway on the Capitol’s West Front, where they fought off a large crowd of Trump supporters trying to make their way into the building.

“For what felt like hours, Officer Carter was struck, hit with poles, and crushed from every direction. He was sprayed with bear spray more times than he could count. The chemical saturated his mask and caused him to repeatedly vomit on himself. He saw other officers far larger than he overcome and being carried away,” recounts the lawsuit. “He kept telling himself ‘I’m not going to die here,’ and made it his entire purpose to make sure he and the other officers were given cover so they could make it home.”

Tabron later learned he had broken his wrist in the fighting, and likely suffered a concussion that he says continues to impact him today. “Officer Tabron had a quick and nimble mind before January 6. But since, his thinking is slower, and his speech is slightly slurred from the concussion he suffered when the insurrectionists repeatedly struck him in the head,” says the lawsuit.

Both officers describe lasting emotional and psychological trauma. The lawsuit says that Carter likened the experience to war, while Tabron suffers from both insomnia and night terrors “in which he is fighting for his life at what seemed like the end of the world.”

Tabron and Carter accuse Trump of directing the assault and battery many officers experienced, aiding and abetting in the assaults, violating the D.C. law that prohibits incitement of riots (last year one D.C. lawmaker inquired as to whether Trump could face charges under this law), and conspiring to violate the 1871 Ku Klux Klan Act, which prohibited violating the rights for former enslaved people. (That’s the same law D.C. Attorney General Karl Racine is using to sue the right-wing Proud Boys and Oath Keepers for their roles in Jan. 6.)

Tabron and Carter are not the first police officers to sue Trump over the insurrection. U.S. Capitol Police Officer Marcus Moore similarly filed his own lawsuit against the former president this week; two other Capitol Police officers sued last March, and another seven in August. 

In his own statements, Trump has largely dismissed the severity of the events and insisted his supporters were “peaceful” and “great”; he has also defended Ashli Babbitt, who was shot and killed in the Capitol, and called the officer who shot her a “murderer.” A Republican member of Congress referred to Jan. 6 as a “normal tourist visit,” though violent riots are virtually non-existent during the millions of visits the city hosts each year.