Four people convicted in connection with the Jan. 6, 2021, Capitol insurrection filed separate lawsuits Friday against the federal government in Washington, accusing officials of misconduct in prosecuting them and demanding compensation in return.
The same law firm filed all four suits, but the claims vary. Two of the rioters, Lisa Eisenhart and Lynnwood Nester, allege the government targeted them for their political views. One other, Peter Schwartz, says FBI agents violated his rights by forcing him to unlock his phone — while a fourth, Kenneth Harrelson, alleges malicious prosecution and false imprisonment. All seek damages but do not specify an amount.
Eisenhart’s lawsuit accuses former Attorney General Merrick Garland, former U.S. Attorney for D.C. Matthew Graves and other officials of malicious prosecution and using the criminal process to punish her for her participation in the riot outside the U.S. Capitol on Jan. 6, 2021. She also says officials violated her First and Fifth Amendment rights through her pretrial detention and conditions at the D.C. Jail.
Eisenhart and her son, Eric Munchel, were convicted for their actions at the Capitol. Munchel, photographed in the Senate gallery carrying plastic restraints, became known online as the “Zip Tie Guy.” Eisenhart was sentenced to 30 months in prison.
Trending
An appeals court vacated Eisenhart’s felony obstruction conviction in 2024; her remaining charges were later dismissed with prejudice, her lawsuit says.
Nester makes a similar claim in his suit, which names Garland, Graves and other officials. He alleges the government singled him out because of his political views and ties to the events of Jan. 6. His complaint says eight armed officers arrived to arrest him, despite his lack of a criminal record and the nonviolent charges he faced. He was sentenced to 10 months in prison.
Schwartz’s case centers on what happened during his arrest. He sued the United States, prosecutor Matthew B. Solomon and other FBI agents, alleging they forced him to unlock his cellphone with his fingerprint while he was handcuffed.
The D.C. Circuit later ruled upon appeal that the compelled phone unlock violated his Fifth Amendment rights. It also vacated his obstruction conviction under a 2024 Supreme Court ruling that narrowed the law.
Harrelson’s lawsuit alleges malicious prosecution and false imprisonment after he spent more than two years in federal custody. The D.C. Circuit vacated his judgment in May 2026, and a district judge dismissed the indictment with prejudice in August.
All four plaintiffs received clemency under President Donald Trump’s Jan. 20, 2025, proclamation. Their civil claims have not been tested in court.
Author
