A federal judge says a wrongful death lawsuit from the father of a man who was shot and killed by Kyle Rittenhouse can move forward.
Anthony Huber was killed in Kenosha, Wisconsin, during unrest sparked when police shot a black man in the back.
The lawsuit claims Rittenhouse, 17 at the time, conspired with officers to cause harm to protesters.
Mr Rittenhouse was acquitted in November 2021 claiming self-defence.
On Wednesday, US District Judge Lynn Adelman dismissed motions filed by Mr Rittenhouse and the government defendants who were seeking to block Mr Huber’s legal action.
The civil rights lawsuit also alleges that officers allowed a dangerous situation to occur which violated Mr Huber’s son’s rights and killed him.
In 2020, Rittenhouse killed Huber, 26, Joseph Rosenbaum, 36, and injured Gaige Grosskreutz, 27.
Two nights before he turned up in Kenosha last year, riots had erupted on its streets after police shot Jacob Blake, leaving him paralysed.
Mr Rittenhouse, then aged 17, had travelled to the city from his home in Illinois. Armed with a semi-automatic rifle, he said he sought to help protect property from unrest.
The case became a flashpoint in the highly polarised debate over gun rights in the US. And the police were accused of double standards in how they responded to counter-protesters like Mr Rittenhouse.
In order to serve the lawsuit, John Huber had to have private investigators track down Mr Rittenhouse’s residence – searching addresses in seven states.
Eventually they found his mother and sister’s address in Florida. His sister was actually served and claimed he was not home.
Judge Adelman says that is sufficient evidence of being served.
Mr Rittenhouse argued that the case should be dismissed as he wasn’t properly served, but the judge denied that claim saying he is purposefully concealing his residence to evade the law.
The lawsuit is seeking an unspecified amount in damages from Mr Rittenhouse, city officials and law enforcement.
Mr Rittenhouse has advocated for gun rights with his large social media presence – nearly one million Twitter followers – and has spoken at conservative events.
