EXCLUSIVE — Two Washington, D.C. Metropolitan Police Department officers pardoned by President Donald Trump after being convicted in a fatal 2020 police pursuit have sued the United States, alleging the Justice Department under former President Joe Biden maliciously prosecuted them to satisfy political demands during a period of intense anti-police unrest.
Former MPD Officer Terence Sutton and Lt. Andrew Zabavsky filed the civil lawsuit Monday in federal court in Washington, seeking damages for malicious prosecution, false arrest, and false imprisonment. The officers contend federal prosecutors pursued a politically motivated case against them following the 2020 death of Karon Hylton-Brown, a 20-year-old moped rider who was fatally struck by a civilian vehicle while fleeing police in Northwest Washington. Their convictions were vacated after Trump issued full pardons and the DOJ moved to dismiss the indictments early last year.
“Today, we filed a lawsuit against the United States on behalf of Officers Terence Sutton and Andrew Zabavsky of the Metropolitan Police Department for malicious prosecution and false arrest,” a spokesperson for Holtzman Vogel, which represents the officers, said in a statement. “These officers were unfairly scapegoated and deserve compensation.”
The lawsuit does not name any defendants other than the U.S., but specifically mentions federal officials. FBI Special Agents Luke Brunot and Jynika Craig and DOJ Special Agents Sean Ricardi and Mark Fitzgerald are among the officials who allegedly drove the investigation.
Ricardi, whom the complaint identifies as the lead special agent on the case, is accused of helping secure the indictment, testifying before the grand jury, assisting prosecutors throughout the trial, and influencing major decisions in the prosecution.
Federal prosecutors previously argued Sutton conducted an unauthorized pursuit that culminated in Hylton-Brown’s death and that Sutton and Zabavsky later helped conceal the circumstances surrounding the incident. A federal jury convicted Sutton of second-degree murder, conspiracy to obstruct justice, and obstruction of justice, while Zabavsky was convicted of conspiracy and obstruction. Sutton received a 66-month prison sentence, and Zabavsky was sentenced to 48 months.
The officers’ lawsuit presents a sharply different account.
According to the complaint, Sutton and Zabavsky were members of MPD’s Crime Suppression Team assigned to Kennedy Street, an area the lawsuit notes DOJ itself later described as a hub of violent gang and drug activity linked to the Kennedy Street Crew. The officers say they attempted to stop Hylton-Brown after receiving information from another officer that he had been involved in a gang-related dispute earlier that day and appeared to be driving around the neighborhood looking for someone.
The complaint describes Hylton-Brown as a validated gang member with 21 prior arrests, including arrests involving firearms, armed robbery, and drug offenses. It argues prosecutors concealed or minimized evidence about his criminal history and gang affiliation while portraying him as someone who was stopped over minor traffic violations. The lawsuit alleges investigators repeatedly advanced the narrative that officers pursued Hylton-Brown for riding a moped without a helmet rather than because they suspected he was involved in gang violence.
The suit further alleges that federal authorities relied on a novel legal theory to charge Sutton with second-degree murder, arguing his actions constituted “depraved heart” murder because the pursuit allegedly violated MPD policy. The officers contend that investigators ignored legal precedent and evidence showing they were attempting to conduct a lawful investigative stop. The complaint also challenges the obstruction charges, arguing that there was never a viable underlying federal civil rights offense for the officers to obstruct.
Much of the complaint also focuses on the political environment surrounding the prosecution. Hylton-Brown’s death sparked days of protests outside MPD’s Fourth District station during a period of nationwide unrest following George Floyd’s death in the summer of 2020. The complaint alleges federal officials came under pressure to hold officers criminally responsible and ultimately chose Sutton and Zabavsky as convenient targets.
The lawsuit repeatedly cites statements from Trump’s pardon attorney, Ed Martin, who served as acting U.S. attorney for the District of Columbia at the start of Trump’s second term before U.S. Attorney Jeanine Pirro was ultimately confirmed for the job.
Martin described the prosecution as a “bogus charge,” said the officers had been “wrongfully convicted,” and argued that the prior administration “chose politics over police” in the aftermath of the 2020 unrest. The plaintiffs contend those statements amounted to an acknowledgment by senior DOJ leadership that the prosecution lacked a proper legal basis.
Trump issued full pardons to Sutton and Zabavsky in January 2025. Their convictions were subsequently vacated, and the DOJ moved to dismiss the indictments. Both men were later reinstated to MPD.
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It is not immediately clear whether the officers are seeking a negotiated settlement from the Trump DOJ or intend to litigate the case fully. The lawsuit arrives as the administration has settled several other claims involving alleged government misconduct, including a $1.25 million settlement with former national security adviser Michael Flynn, a $1 million settlement involving anti-abortion activist Mark Houck, and a nearly $5 million settlement with the family of Ashli Babbitt, who was killed by Capitol Police during the Jan. 6, 2021, protests.
Sutton and Zabavsky are seeking compensation for lost wages, legal expenses, reputational harm, emotional distress, and the years they spent defending themselves against what they describe as a politically motivated prosecution.