Malinowski lawsuit over fatal ATF raid moves forward as judge lets most claims proceed

A federal judge has allowed most of Maria Malinowski's lawsuit against the federal government to proceed after the fatal ATF raid that killed her husband, Bryan Malinowski. The court denied dismissal of eight of nine Federal Tort Claims Act claims, allowing the case to move into discovery while disputed facts are developed.

The lawsuit does not challenge the validity of the search warrant, which was tied to allegations that Bryan Malinowski was selling firearms without a federal license. Instead, it focuses on how agents executed the warrant. Court filings say agents arrived before dawn, covered a doorbell camera, announced themselves, and forced entry; Bryan Malinowski then fired a shot, and an ATF agent returned fire, killing him.

The judge found unresolved factual disputes about how clearly agents identified themselves, how much time passed between the announcement and entry, and what Bryan Malinowski understood during the encounter. Claims including wrongful death, negligence, assault and battery, emotional distress, and Arkansas statutory claims may proceed, while one claim alleging unlawful detention of Maria Malinowski after the shooting was dismissed. The order does not decide liability, and separate Bivens claims against individual ATF agents will be considered later.

(Source：Katv)