Selendy Gay secured a ruling on behalf of eight U.S. Capitol Police officers in ongoing litigation seeking to hold President Donald Trump and others liable for injuries arising from the January 6, 2021 attack on the U.S. Capitol.
On March 31, 2026, the United States District Court for the District of Columbia largely denied Trump’s claims of presidential immunity and related defenses. In a 79-page opinion, Judge Amit P. Mehta concluded that most of the conduct at issue fell outside the scope of Trump’s official responsibilities, including his speech at the Ellipse and efforts to challenge the 2020 election results. While the court determined that certain actions were official and therefore immune, it held that certain alleged conduct was not protected by presidential immunity.
The court also rejected the U.S. Department of Justice’s attempt to substitute itself as a defendant under the Westfall Act and denied Trump’s First Amendment defense. The decision removes a major obstacle to completing discovery and proceeding toward trial, though further appellate review is expected.
Selendy Gay represents the officers as co-counsel with the Lawyers’ Committee for Civil Rights Under Law. The case was originally filed in August 2021.
The Selendy Gay team included Faith Gay, Joshua Margolin, Sarah Chase, Ryan Karerat and Babak Ghafarzade.
