Widow of Bryan Malinowski sues over deadly raid, claims government overreach

The widow of Bryan Malinowski, the director of Bill and Hillary Clinton National Airport/Adams Field, has filed a federal lawsuit seeking damages related to his tragic death during a pre-dawn raid at their Little Rock home.

Malinowski was fatally shot after firing at law enforcement officers who had arrived to carry out a search warrant on March 19, 2024.

Attorney Bud Cummins filed the lawsuit today saying, "The reason this case is important is because this is a government that thinks that a citizen may have violated may have violated a very low level regulation, they had almost no evidence that he had, and they thought it was okay to use these military tactics to kick his door in at 6:00 in the morning and go in his house with automatic weapons."

"That's the reason this case is important and that's conduct we can't tolerate."

On the morning of March 19, at 6 a.m., a high-stakes operation unfolded at the Malinowski residence as ATF agents and task force officers executed a search warrant.

But what was meant to be a routine action quickly spiraled into chaos.

Bryan Malinowski, 53, opened fire on the agents, injuring one in the foot before a brief but intense exchange of gunfire ended with Malinowski being struck in the head.

Two days later, he was pronounced dead at a Little Rock hospital.

"The wrong person went in first, they were supposed to go in with a bulletproof shield that said police, but they didn't do that, so some other officer stumbled into the house, said Cummins.

"They never made an announcement again that they were law enforcement and what their purpose in being there was once they decided to knock down the door. Mr. Malinowski was presented in the dark with intruders in his front hallway with no information about why they were there or who they were. These were all reckless mistakes made by law enforcement that exhibited lack of training."

Cummins says people all around Arkansas tell him Malinowski's death was the result of government overreach, and they're scared this could happen to them.

He adds that without established rules that govern the execution of search warrants, none of us can go to bed and feel safe at night.

"Citizens that are concerned want to see the government held accountable. They want a message sent to the government that this conduct is unconstitutional, it's illegal, and it should never happen," says Cummins.

Limited video footage is available from the morning of the incident, except for Malinowski's security camera capturing the moments the officers arrive, just before they put tape to cover up the camera.

"For three years, alcohol tobacco firearms has a mandatory rule that their agents will wear body cameras when they execute search warrants, but they used no body cameras on the morning they killed Bryan Malinowski," said Cummins.

"Little Rock police were on the scene, and they also wear body cameras, and for some reason someone told them to turn their body cameras off."

Malinowski, a well-known gun enthusiast and collector, had drawn the attention of authorities due to suspicions he was illegally trafficking firearms.

He had also been reportedly buying large quantities of guns without a Federal Firearms License, and had failed to properly document the transactions as required by law.

Court documents reveal that between 2019 and 2023, Malinowski acquired around 159 firearms from licensed dealers.

"Bryan Malinowski clearly thought he was a hobbiest and a collector and was not required to buy a $200 federal firearms license. Everything Bryan Malinowski was doing was out in the open at gun shows. He wasn't trying to hide anything. Anyone from the ATF could have walked up to him at any time and told him they were concerned about how he was doing business at the gun shows," says Cummins.

Malinowski has also unknowingly sold three guns to undercover operatives.

That transaction unraveled a wider thread, leading authorities to discover that multiple firearms once passed through his grasp had resurfaced at crime scenes scattered between the U.S. West Coast and the Canadian border.

Despite the ominous pattern, court filings reveal that at least three of those incidents involved only marijuana-related offenses.

Federal law mandates that retail dealers keep detailed records of each transaction, using Form 4473.

This form tracks key details about the firearm—including its manufacturer, model, caliber, and serial number—while also recording personal information from the buyer, including their name, address, and answers to questions designed to prevent illegal purchases, such as felony convictions or other disqualifying factors.

The lawsuit seeks both punitive and compensatory damages, outlines 13 distinct charges, including:

- Failure to knock and announce

- Unlawful entry

- Excessive use of force

- Illegal detention of Maer Malinowski

- Wrongful death

- Assault and battery

- Negligence

- Intentional infliction of emotional distress

- Violations under the Arkansas Victim of Felonies Act – manslaughter and negligent homicide

- Violations under the Arkansas Victim of Felonies Act – battery

- Violations under the Arkansas Victim of Felonies Act – aggravated assault

- Violations under the Arkansas Victim of Felonies Act – criminal mischief

- False imprisonment of Maer Malinowski

The then-director of the ATF apologized to the widow of Bryan Malinowski during a congressional hearing in May, but otherwise defended the bureau's actions, telling lawmakers there was probable cause that Malinowski had violated two federal laws by selling guns without a license.

The ATF has yet to comment on today's lawsuit.