The widow of an Arkansas airport executive who lost his life during a raid conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives last year has filed a lawsuit against the agency and several officers, alleging reckless and negligent conduct on their part.
Bryan Malinowski, who served as the Executive Director of Bill and Hillary Clinton National Airport, succumbed to injuries a few days after being shot by ATF agents while they were carrying out a warrant at his Little Rock residence on March 19, 2024.
The ATF said Malinowski shot at agents, striking and injuring one, after which agents returned fire.
The affidavit released post-incident indicated that the warrant was connected to allegations that Malinowski had purchased over 150 firearms between May 2021 and February 2024, and that he had sold many of them without having the necessary dealer’s license.
In the lawsuit, filed in federal court in Little Rock, Maria “Maer” Malinowski accused the ATF and 10 agents and task force officers of violating hers and her husband’s constitutional rights.
The lawsuit seeks unspecified damages and requested a jury trial.
“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 lawsuit said. “The ATF failed to do so, resulting in an entirely predictable, needless and tragic outcome.”
The ATF said it does not comment on ongoing legislation.
A local prosecutor last year said an ATF agent was justified in fatally shooting Bryan Malinowski. Malinowski’s death prompted criticism from some Republican lawmakers in Arkansas who have called for more information from the ATF.
Malinowski was a lifelong gun collector who would attend shows on weekends where he would buy, sell and trade with others, the lawsuit said.
He did not know he was under investigation and reasonably believed the agents entering his home were intruders because they didn’t knock and give him adequate time to come to the door, the complaint said.
“Today’s lawsuit seeks justice for the nightmare I’ve been living for the last 14 months,” Maria Malinowski said in a news release.
