Bryan Malinowski Wrongful Death Lawsuit, Bench Trial Set for August 2027 After Fatal ATF Raid
A federal court in Little Rock has set a bench trial for the week of August 3, 2027, in the wrongful-death lawsuit filed by the widow of Bryan Malinowski, the former executive director of Bill and Hillary Clinton National Airport. He was fatally shot during an ATF search of his home on March 19, 2024.
This is an individual lawsuit by Malinowski’s widow and estate against the United States under the Federal Tort Claims Act (FTCA). It is not a class action and not a settlement. No settlement, claim form or compensation program exists. The ATF and the 10 individual agents are no longer defendants. No court has found the government liable.
Malinowski Lawsuit Quick Facts
| Detail | Information |
| Case | Maria Del Socorro Malinowski v. United States of America, et al. |
| Case number | 4:25-cv-00486-LPR |
| Court | U.S. District Court, Eastern District of Arkansas, Central Division |
| Judge | Lee P. Rudofsky |
| Plaintiff | Maria Del Socorro Malinowski, individually, as personal representative of the estate of Bryan K. Malinowski, and for his wrongful-death beneficiaries |
| Remaining defendant | United States of America (FTCA claims) |
| Dismissed | ATF (FTCA claims, June 17, 2026) and 10 individual agents and task force officers (constitutional “Bivens” claims, July 6, 2026) |
| Incident | ATF search of the Malinowski home in Little Rock, March 19, 2024 |
| Surviving claims | Eight of nine FTCA claims, including wrongful death, assault and battery, negligence and intentional infliction of emotional distress |
| Trial | Bench trial (judge, no jury) for the week of August 3, 2027, as reported |
| Settlement | None |
| Official settlement website | None. Not applicable |
| Claim form | None |
| Claim deadline | None |
What Happened
According to the court’s June 17, 2026 order, ATF suspected Bryan Malinowski of dealing in firearms without a license and of unlawful acquisition of firearms. A federal magistrate judge issued a search warrant, and the court describes it as valid. Agents went to the home before dawn on March 19, 2024.
The parties dispute how the search was carried out, including the knock-and-announce, how long agents waited before forcing entry, and what they did to identify themselves after entering. Everyone agrees that when agents forced their way in with guns drawn, Malinowski fired at least one shot that hit an agent’s boot, and that an agent returned fire and shot him in the head. He died two days later. He was 53.
What the Lawsuit Alleges
Maria Malinowski filed the lawsuit on May 15, 2025. According to the complaint, as recounted in the court’s order:
- The agents knew he had no criminal history or history of violence and was not expected to leave for work until about 9 or 10 a.m.
- The knock-and-announce lasted roughly 28 seconds before agents began breaking down the doors. The government says it was 37 seconds counting the full entry.
- Agents covered the doorbell camera, used the siren briefly, and did not announce themselves as law enforcement once inside.
- The Malinowskis were asleep and did not hear the agents, and Malinowski did not know the people entering were law enforcement.
The government disputes these allegations. These are allegations, and no court has made findings on them after trial.
What the Court Has Ruled
June 17, 2026: Judge Rudofsky denied the government’s motion to dismiss eight of nine FTCA claims: wrongful death, assault and battery, negligence, intentional infliction of emotional distress, and four Arkansas crime-victim claims (manslaughter and negligent homicide, battery, aggravated assault and criminal mischief). He dismissed the false-imprisonment claim, which concerned Maria Malinowski’s detention after the shooting, without prejudice. He also dismissed the FTCA claims against the ATF, because FTCA claims can be brought only against the United States.
At that stage the court took the complaint’s allegations as true and found it plausibly alleged that the forced entry after about 28 seconds violated the knock-and-announce principle. That is not a finding that the government is liable.
July 6, 2026: The court dismissed the constitutional (“Bivens”) claims against the 10 individual agents and task force officers. The judge noted the Supreme Court has all but eliminated new Bivens claims. The family’s attorney said the dismissal is not a ruling that the agents acted lawfully or a decision on the merits.
Why Is It a Bench Trial?
Claims under the FTCA are decided by a judge, not a jury. Judge Rudofsky will decide both liability and any damages for the surviving claims. FTCA claims cannot include punitive damages.
When Is the Trial?
A bench trial is set for the week of August 3, 2027, according to reporting based on a court order. The article’s authors could not retrieve the scheduling order itself, so check the PACER docket for the exact date and any later changes.
Is There a Settlement or Claim Form?
No. There is no settlement fund, claim form, administrator or deadline. The lawsuit does not create a compensation program for others. No amount has been awarded, and no specific dollar demand is reported.
What This Case Means for Others
It does not give other people a right to compensation. Anyone with a claim against federal agents or the United States generally must follow the FTCA’s administrative-claim process and its deadlines, and this lawsuit does not extend anyone else’s time limits. The outcome depends on this case’s facts.
Key Dates
| Date | Event |
| March 6, 2024 | Search warrant issued |
| March 19, 2024 | ATF search; Bryan Malinowski shot |
| March 21, 2024 | He dies two days later |
| May 15, 2025 | Lawsuit filed |
| June 17, 2026 | Court allows eight of nine FTCA claims; dismisses ATF |
| July 6, 2026 | Court dismisses claims against 10 individual agents |
| Week of August 3, 2027 | Bench trial, as reported |
| Not applicable | No settlement or claim deadline exists |
Frequently Asked Questions
Who filed the lawsuit?
Maria Del Socorro Malinowski, Bryan Malinowski’s widow, individually and as personal representative of his estate.
What is the case number?
4:25-cv-00486-LPR, in the U.S. District Court for the Eastern District of Arkansas.
Who is being sued?
The United States. The court dismissed the ATF and the 10 individual agents.
When is the trial?
The week of August 3, 2027, as reported. It is a bench trial.
Will there be a jury?
No. FTCA claims are tried to a judge.
Was the search warrant valid?
The court’s order describes the warrant as valid, and the lawsuit does not dispute that. The dispute concerns how it was carried out.
Did Bryan Malinowski shoot at agents?
The court’s order says everyone agrees he fired at least one shot that hit an agent’s boot. The complaint alleges he fired at the floor and did not know they were law enforcement.
Has the court found the government liable?
No.
Is there a settlement or claim form?
No.
Can other families join?
No. It is not a class action.
Related Reading
- City of Buffalo $4.5M Police Shooting Settlement Case Update: a separate police-shooting civil case with a settlement.
Legal information disclaimer: AllAboutLawyer.com is a U.S. consumer legal information website. It is not a law firm and does not provide legal advice. The allegations described come from a complaint and are unproven. This article will be updated if the court docket changes.
Sources
- U.S. District Court, Eastern District of Arkansas, Order of June 17, 2026 (Document 50), Malinowski v. United States, No. 4:25-cv-00486-LPR. https://wehco.media.clients.ellingtoncms.com/news/document/2026/06/18/50_Malinowski__6-17-26_Order_re_Motion_to_Dismiss.pdf
- U.S. District Court, Eastern District of Arkansas, Order of July 6, 2026, dismissing the Bivens claims. https://arkansasadvocate.com/wp-content/uploads/2026/07/Malinowski-Dismissal-7-6.pdf
- Arkansas Advocate, “Judge dismisses ATF agents from lawsuit over fatal raid at Little Rock airport director’s home,” July 2026. https://arkansasadvocate.com/?p=27161
- Wisevoter, “Little Rock Trial Set for Malinowski Case,” October 6, 2026 (reporting a KATV-sourced trial date). https://wisevoter.com/world/us/ar/little-rock/2026/10/06/little-rock-trial-malinowski-case
- Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671–2680.
About the Author
Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.