Little Rock airport director Bryan Malinowski was shot in the head during an early morning raid by federal agents who stormed his home without a knock-and-announce, leaving his widow to fight for justice through a federal lawsuit.
Key Takeaways
- Bryan Malinowski, executive director of Little Rock’s Bill and Hillary Clinton National Airport, was fatally shot during an ATF raid at his home on March 19, 2024
- The lawsuit claims ATF agents violated constitutional rights by failing to knock and announce before using a battering ram to enter the home at 6 a.m.
- Federal agents were investigating allegations that Malinowski unlawfully purchased and resold over 150 guns without a dealer’s license
- The 72-page lawsuit seeks unspecified damages, alleging negligence, wrongful death, assault and battery, and emotional distress
- Malinowski’s widow claims he believed the agents were intruders, while the ATF maintains he fired first, injuring an agent
Constitutional Violations and Preventable Tragedy
The widow of Bryan Malinowski has filed a federal lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives, seeking justice for what she describes as an unconstitutional raid that resulted in her husband’s death. The lawsuit names the ATF and ten agents as defendants, claiming they violated Malinowski’s Fourth Amendment rights by failing to properly announce their presence before forcibly entering his home during the early morning raid on March 19, 2024. Malinowski, who was the executive director of Little Rock’s Bill and Hillary Clinton National Airport, died two days after being shot in the head.
“The Constitution requires reasonableness and, specifically here, that defendants both knock and announce their presence and purpose and wait a reasonable time before entry, the ATF failed to do so, resulting in an entirely predictable, needless and tragic outcome.” said lawsuit.
According to the lawsuit, agents used a battering ram to enter the Malinowski home at approximately 6 a.m., executing a search warrant related to allegations that Malinowski had purchased and resold over 150 firearms without a federal dealer’s license. The complaint emphasizes that this was a search warrant, not an arrest warrant, raising questions about the aggressive tactics employed during the raid. The lawsuit further alleges that agents failed to use body cameras during the operation, violating federal regulations and eliminating critical evidence.
Conflicting Accounts of the Fatal Encounter
The ATF’s version of events claims that Malinowski shot at agents first, injuring one and prompting return fire. However, the lawsuit presents a different narrative, asserting that Malinowski, awakened by the sudden intrusion, believed his home was being invaded by criminals. His widow maintains he was unaware of any investigation against him and was simply acting to protect his family. The lawsuit details how Malinowski was shot in the head just two minutes after agents entered the home, suggesting there was minimal time for him to comprehend the situation.
“Today’s lawsuit seeks justice for the nightmare I’ve been living for the last 14 months,” Maria Malinowski said in a news release.
Notably, the lawsuit reveals that the ATF had initially scheduled the raid for March 12 but postponed it for unexplained reasons. This detail has fueled speculation about the agency’s planning and decision-making process leading up to the fatal encounter. The timing of the raid is particularly significant as it occurred shortly before the ATF implemented new regulations aimed at closing the so-called “gun show loophole,” which was directly related to the activities for which Malinowski was under investigation.
Treatment of the Widow and Legal Claims
The lawsuit includes disturbing allegations about how Maria Malinowski was treated following the shooting. According to the complaint, she was held in a police car for hours while her husband was fighting for his life. The 72-page filing charges the defendants with negligence, wrongful death, assault and battery, and infliction of emotional distress. It asserts that under Arkansas law, Maria Malinowski herself is a victim of felonies and false imprisonment based on her treatment during and after the raid.
“Nothing prevented the agents from executing the search warrant on March 12, 2024.” said lawsuit.
The lawsuit comes at a time of heightened scrutiny over federal law enforcement tactics, particularly those employed by agencies like the ATF. Second Amendment advocates and conservatives have long criticized what they perceive as heavy-handed enforcement actions against gun owners. This case exemplifies the tension between legitimate law enforcement objectives and constitutional protections, particularly the right to be secure in one’s home against unreasonable searches and seizures. As the case proceeds through the federal court system, it may become a flashpoint in ongoing debates about government overreach and accountability.
