An Auburn man, a member of the Proud Boys group that played a role in the Jan. 6, 2021, U.S. Capitol breach, joined three other members and a former member in a lawsuit against the Department of Justice and the FBI, seeking $100 million.

Proud Boys member Ethan Nordean, who was from Auburn and had ties to Des Moines and Buckley, joined former Proud Boys chairman Enrique Tarrio and three other members as plaintiffs in a lawsuit filed on June 6 against the Department of Justice (DOJ) and the FBI to seek redress for alleged multiple violations of their constitutional rights. For the alleged misconduct, the suit requests that the court award the plaintiffs $100 million, plus 6% post-judgment interest, among other awards.

“Through the use of evidence tampering, witness intimidation, violations of attorney-client privilege, and placing spies to report on trial strategy, the government got its fondest wish of imprisoning the J6 Defendants, the modern equivalent of placing one’s enemies’ heads on a spike outside the town wall as a warning to any who would think to challenge the status quo,” the suit alleges.

According to the suit, the Proud Boys are an organization of patriotic political activists dedicated to preserving and promoting Western Civilization, in general, and American society, in particular. Additionally, according to a May 4, 2023, Office of Public Affairs news release announcing the convictions of Proud Boys members, at trial, evidence found that the group describes itself as members of a “pro-Western fraternal organization for men who refuse to apologize for creating the modern world, aka Western Chauvinists.”

According to the Department of Justice, the Proud Boys played a central role in setting the Jan. 6, 2021, attack on the U.S. Capitol in motion. For their roles in the attack on the Capitol, the plaintiffs were prosecuted by the DOJ, convicted, sentenced, but then were all pardoned and had their sentences commuted on the first day of President Donald Trump’s second term.

Nordean was among those pardoned, having his 18-year sentence commuted. According to a Sept. 1, 2023, Office of Public Affairs news release, Nordean’s charges included obstruction of an official proceeding and conspiracy to prevent members of Congress or federal officers from discharging their duties. According to the release, the Proud Boys’ actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes necessary to certify the 2020 presidential election.

Requests and allegations in the suit

According to the suit, filed on June 6 in the U.S. District Court for the Middle District of Florida’s Orlando division, in February 2021, Nordean’s home was raided by heavily armed FBI and other federal agencies to secure his arrest. The suit alleges that the government did not have probable cause to arrest Nordean or search his residence.

According to the suit, thereafter, Nordean was held in pre-trial detention without bond for two and a half years, including over a year in solitary confinement. Additionally, the suit alleges that during his custody, Nordean was denied access to his lawyers, which had a negative and prejudicial detriment to the preparation of his legal defense, in violation of his constitutional rights.

According to the suit, the group is bringing forward claims for compensatory damages for alleged violations of the Fourth, Fifth, and Sixth Amendments of the U.S. Constitution, as well as malicious prosecution.

The suit is asking that the government award the group $100 million, plus 6% post-judgment interest, attorneys’ fees, and any further equitable or legal relief as necessary to effectuate the ends of justice.