Kyle Rittenhouse Faces New Lawsuit

Kyle Rittenhouse is facing a new lawsuit that alleges he and others were negligent when he shot a man in Kenosha, Wisconsin, during the 2020 riots.
Kyle Rittenhouse Faces New Lawsuit
Kyle Rittenhouse looks on after a break during his trial in Kenosha, Wis., on Nov. 9, 2021. (Mark Hertzberg/Pool/Getty Images)
Zachary Stieber
8/27/2023
Updated:
8/27/2023
0:00

Kyle Rittenhouse is facing a new lawsuit that alleges he and others were negligent when he shot a man in Kenosha, Wisconsin, during the 2020 riots.

The estate of Joseph Rosenbaum, the man, on Aug. 25 sued Mr. Rittenhouse and law enforcement officers who work in and around Kenosha.

The Kenosha Police Department and other law enforcement entities improperly deputized Mr. Rittenhouse and other armed individuals and “ratified their actions by letting them patrol the streets ... to mete out justice as they saw fit,” the 47-page civil complaint states.

That resulted in Mr. Rittenhouse fatally shooting Mr. Rosenbaum, according to the suit.

Mr. Rittenhouse, who has said he went to Kenosha to help protect businesses from rioters, was not arrested at the scene despite fatally shooting two people and injuring another. He was allowed to walk past law enforcement officers.

The civil action alleged Mr. Rosenbaum was deprived of his rights, including his right of due process.

Kenosha County Sheriff David Beth, former Kenosha Police Chief Daniel Miskinis, and the West Allis Police Department are among the other defendants named by the estate.

“I’m being sued again for defending my life,” Mr. Rittenhouse said in a statement.

The other defendants did not respond to requests for comment or could not be reached.

Joseph Rosenbaum in an undated photograph. (Funeral costs for JoJo Rosenbaum/GoFundMe)
Joseph Rosenbaum in an undated photograph. (Funeral costs for JoJo Rosenbaum/GoFundMe)

First Shot

Mr. Rittenhouse shot three men in Kenosha on Aug. 25, 2020. Mr. Rosenbaum, 36, was advancing on Mr. Rittenhouse when he was shot, according to video footage and witness testimony.
The wounds Mr. Rosenbaum suffered, along with video evidence, showed Mr. Rosenbaum’s left hand was “in close proximity or in contact with the end” of Rittenhouse’s rifle, Dr. Doug Kelley, a pathologist, testified during Mr. Rittenhouse’s criminal trial, which ended in a full acquittal.

Richard McGinnis, a witness to what transpired, said that Mr. Rosenbaum was advancing towards Mr. Rittenhouse. After the latter started running away, Mr. Rosenbaum chased him.

“I saw Mr. Rittenhouse turn around and saw Mr. Rosenbaum lunging for the front portion of the rifle,” Mr. McGinnis testified. That’s when Mr. Rittenhouse opened fire.

Mr. Rosenbaum “ambushed me,” Mr. Rittenhouse said during the trial. “I was cornered,” he added later.

Mark Richards, a lawyer who represented Mr. Rittenhouse, said during the trial that Mr. Rittenhouse feared for his life. He also said: “Rosenbaum was a bad man. He was a rioter. And my client had to deal with him alone.”

Mr. Rittenhouse said: “I didn’t do anything wrong. I defended myself.”

Earlier Cases

Gaige Grosskreutz, who survived being shot by Mr. Rittenhouse, sued Mr. Rittenhouse previously. That suit contains many of the same allegations as the new suit.

Mr. Grosskreutz “must live with the physical and emotional wounds inflicted by Defendant Rittenhouse,” the suit states, accusing Mr. Rittenhouse and law enforcement officials of depriving the rights of the plaintiff.

Mr. Grosskreutz testified during the trial that he pointed a gun at Mr. Rittenhouse before Mr. Rittenhouse shot him, though he later claimed he had his hands in the air.

The suit, in May, was consolidated with a case brought by John Huber, the father of the third man Mr. Rittenhouse shot.

Mr. Huber alleged in a civil action that Mr. Rittenhouse and other defendants violated federal and state law with their actions, leading to the death of his son Anthony Huber.

Mr. Rittenhouse shot Mr. Huber after the latter struck Mr. Rittenhouse’s head with a skateboard, video footage showed.

U.S. District Judge Judge Lynn Adelman, appointed under President Bill Clinton and overseeing the consolidated case, recently directed the parties to take steps to prepare for trial, including producing discovery and creating expert witness lists.