On Monday, January 18, 2021, Paul MacNeal Davis, a participant in the January 6th U.S. Capitol riot, filed a lawsuit in the United States District Court, Western District of Texas, alleging that the 117th United States Congress is illegitimate due to voting changes made in response to the COVID-19 pandemic. The lawsuit is filed on behalf of Latinos for Trump, Blacks for Trump, and five individuals. Davis was fired from his in-house counsel position after posting a video of his participation in the U.S. Capitol riot.
The complaint names as defendants Pete Sessions, Mitch McConnell, Nancy Pelosi, Mark Zuckerberg, Chuck Schumer, Alexandria Ocasio-Cortez, Brad Raffensperger, and all members of the 117th United States Congress. Further, the complaint insists that “this is not a 2020 presidential election fraud lawsuit.” Rather, “this lawsuit demonstrates how various and pervasive changes in election procedures implemented in all 50 states in response to the COVID-19 pandemic violated the 2002 Help America Vote Act, 42 U.S.C. §§ 15301 et seq., as amended.” The complaint alleges that the evidence will show “an intentional concert of conduct between federal, state, and local government officials and various partisan enterprises.” Specifically, the complaint alleges violations of 42 U.S.C. § 1983, 42 U.S.C. § 1985, and 42 U.S.C. § 1986. The lawsuit seeks relief in the form of an ex parte temporary restraining order, preliminary injunction, punitive damages, actual damages, attorneys fees and costs, and prejudgment and postjudgment interest.
Davis previously held a position as associate general counsel at Goosehead Insurance in Texas. He was fired after posting a video of himself standing outside the U.S. Capitol during the January 6th riot. In the video, Davis said that 2020 election ballots and Dominion Voting Systems machines needed to be audited. Davis further claims in the video to have been tear gassed during the riot.
Additional Reading
Lawyer fired after posting Capitol riot video sues to block ‘illegitimately elected Congress’, ABA Journal (January 20, 2021)
Complaint in Latinos for Trump v. Sessions (Case No. 6:2021cv00043)
Docket in Latinos for Trump v. Sessions (Case No. 6:2021cv00043)
