Police officers ask court to allow Jan 6 plaque lawsuit to continue over placement in Capitol

A former police officer and a current police officer have asked a court to allow their lawsuit over a plaque honoring law enforcement officers who served at the Capitol during the riot on Jan. 6, 2021, to continue because of its placement.

Metropolitan Police Department Officer Danny Hodges and former Capitol Police Officer Harry Dunn argue in the lawsuit that the unannounced and unexpected placement of the plaque violates the law, CBS News reported Tuesday. The plaque was hung inside a pair of doors along the west front of the Capitol at 4 a.m. Saturday.

Hodges and Dunn initially brought the lawsuit for the installation of the plaque, but now claim that its placement in what they say is a "hidden" location is effectively no "different than the basement the plaque was kept in for years," according to a court filing.

The officers argue that the Capitol administrators are violating the 2022 law regarding the plaque by not placing it in a public location that is open to visitors.

"Honor is a social – that is, public – recognition," the lawsuit reads. "The potentially temporary nature of this installation does not change this analysis. 

Sen. Thom Tillis (R-NC), who fought to have the plaque installed, has suggested the plaque's placement is not permanent."

The lawsuit, which names the architect of the Capitol as a defendant, argues that the law mandating the plaque to be installed by March 2023 also "requires the memorial to be displayed on the Capitol's 'western front,' an exterior part of the building," rather than inside the building.