HUNTSVILLE, Ala. – Congressman Mo Brooks was served Sunday with a lawsuit from California Congressman Eric Swalwell.

The federal lawsuit was filed in March and seeks to hold Brooks partially accountable for the January 6th Capitol riot. The lawsuit alleges a conspiracy to violate civil rights, along with negligence, inciting a riot and inflicting emotional distress.

Congressman Eric Swalwell got a 60-day extension recently to serve Brooks with the lawsuit.
President Trump and Rudy Giuliani are also named in the lawsuit and waived service — having to get notice of the lawsuit in person.

This weekend Congressman Brooks seemed to openly make fun of Swalwell’s efforts to serve him.

Friday, he posted a “wanted” photo to Twitter. Also over the weekend, Brooks posed for several photos. In one he said he was hiding at his granddaughter’s birthday party.

Sunday, his wife was served paperwork for the lawsuit. Brooks is alleging the process server trespassed, saying on Twitter they snuck into his house and accosted his wife.

Brooks’ wife filed a police report.

Huntsville Police provided News 19 the following statement:

The Huntsville Police Department did respond early Sunday afternoon to the Brooks’ residence. A criminal trespass report was filed. Criminal trespass 3rd is a misdemeanor charge. For a warrant to be sworn out in this case, the victim would need to meet with a magistrate and present their side of the story. It would be left up to a magistrate to decide if a warrant should be issued for the person’s arrest.


An attorney for Congressman Eric Swalwell denies the process server did anything illegal. The attorney sent News 19 the following statement Monday afternoon:

“No one entered or even attempted to enter the Brooks’ house. A process server lawfully served the papers on Mo Brooks’ wife, as the federal rules clearly allow. I would also note that this was after Mrs. Brooks’ initial efforts to avoid service earlier that morning when she twice drove past her home – at one point even parking briefly behind some trees at the dead-end at the end of their street – and then left their neighborhood for several hours, presumably after spotting the process server waiting on the street near the house.”




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