What Is the Raymond Epps Fox Lawsuit?
The Raymond Epps Fox lawsuit is a defamation case that a Jan. 6 attendee brought against Fox News Network over Tucker Carlson's on-air claims. Epps said Fox portrayed him as an undercover government agent who helped provoke the Capitol riot.
James Ray Epps, Sr. is a former Marine who lived in Arizona. He sued Fox News Network, LLC alone. Carlson was not named as a defendant. Epps argued that Fox is liable for statements made by its own host.
The case was dismissed twice in federal court, as described in the case-status section below. No court has found that the statements were true or false.
“In the aftermath of the events of January 6th, Fox News searched for a scapegoat to blame other than Donald Trump or the Republican Party.”
Source: Epps v. Fox News Network, LLC, No. 1:23-cv-00761 (D. Del.), Complaint, Document 1-1, paragraph 1 (filed July 10, 2023 in Delaware Superior Court; removed July 12, 2023). Source: the plaintiff's own pleading, which states Epps's allegations, not court findings.
Why Was the Raymond Epps Fox Lawsuit Filed?
The Raymond Epps Fox lawsuit was filed because Epps said Carlson's broadcasts falsely cast him as a federal agent. Epps blamed the broadcasts for death threats against him and his wife. The complaint says Carlson devoted over two dozen segments to him.
Videos from January 5, 2021 showed Epps telling other Trump supporters to go into the Capitol. Body camera video from the next day showed him asking officers how he could help, according to NBC News. Right-wing commentators used the first video to claim he was working for the government.
The FBI has said Epps was never an FBI source or employee. FBI Director Christopher Wray told a House committee in July 2023 that the idea of an FBI-orchestrated riot was ludicrous.
Epps's lawyers sent Fox a cease-and-desist letter on March 23, 2023. He sued on July 10, 2023, in the Delaware court where Dominion Voting Systems had sued Fox.
What Harms Does the Raymond Epps Fox Lawsuit Allege?
The Raymond Epps Fox lawsuit alleges five kinds of harm, two legal claims and three consequences. Each is a claim made in the complaint, not a court finding. Fox denies liability, and the case was dismissed before any trial.
Defamation Per Se
Defamation per se is a legal claim over a false statement so damaging that harm is presumed, such as accusing someone of a crime.
Count One of the complaint pleads defamation per se. Epps said Fox's statements accused him of serious criminal or improper conduct. He also pleaded actual malice, meaning Fox knew the statements were false or recklessly disregarded the truth.
False Light
False light is a legal claim that someone was portrayed publicly in a misleading way. The portrayal must be highly offensive to a reasonable person.
Count Two pleads false light. It rests on the same Fox broadcasts as the defamation count. Fox argued in its brief that the false light claim fails for the same reasons as the defamation claim.
Death Threats and Harassment
Harassment, in a civil complaint, means repeated unwanted contact or threats that cause fear or distress.
The complaint says Epps received threatening messages, including one reading "Epps, sleep with one eye open," according to AP. It ties the threats to the broadcasts. He told 60 Minutes he had to keep his family safe.
Loss of Home and Business
Economic loss is a financial harm, such as lost income, that a plaintiff asks a court to compensate.
Epps said he and his wife Robyn gave up their wedding venue business and sold their Arizona home. They moved into a recreational vehicle, which NBC News described as about 350 square feet, and later lived in Utah.
Emotional and Reputational Harm
Emotional harm is mental distress, such as anxiety or humiliation, that a plaintiff says resulted from a defendant's conduct.
The complaint lists mental anguish, public humiliation, anxiety and lost sleep. Epps also told House investigators that his grandchildren were teased at school. These harms are claimed in the pleading only.
What Is the Current Status of the Raymond Epps Fox Lawsuit?
The current status of the Raymond Epps Fox lawsuit is dismissal. A federal judge dismissed it a second time on May 8, 2026. No appeal was located as of November 14, 2026. The case ran on one docket in Delaware.
Epps v. Fox News Network, LLC, No. 1:23-cv-00761
Epps filed the case in Delaware Superior Court on July 10, 2023, and it was moved to the U.S. District Court for the District of Delaware two days later at Fox's request. Fox moved to dismiss in August 2023.
Judge Jennifer L. Hall dismissed the original complaint on November 27, 2024. She let Epps file an amended complaint. Fox moved to dismiss that version on January 10, 2025, arguing it still did not plead actual malice.
Fox's brief says the court's ruling on the statute of limitations narrowed the case. Four Tucker Carlson Tonight broadcasts and one podcast appearance remained at issue. Hall granted the second motion on May 8, 2026.
| Court | U.S. District Court, District of Delaware (removed from Delaware Superior Court) |
| Case Number | 1:23-cv-00761 (state case N23C-07-063 DJB) |
| Judge | Jennifer L. Hall |
| Filed | July 10, 2023 |
| Plaintiff | James Ray Epps, Sr. |
| Defendant | Fox News Network, LLC |
| Claims | Defamation per se; false light |
| Damages Sought | Unspecified compensatory and punitive damages |
| Status | Motion to dismiss granted May 8, 2026 (second dismissal) |
| Appeal | None located as of November 14, 2026 |
The reports reviewed did not say whether the May 2026 dismissal was with prejudice. Any appeal could only be confirmed on the docket itself.
Did Fox News Settle the Raymond Epps Lawsuit?
No. Fox News did not settle the Raymond Epps lawsuit, and no court awarded Epps any money.
The complaint asked for compensatory and punitive damages in amounts to be set at trial, and it named no figure. A judge ended the case before any trial, so no payout exists.
Fox News did settle a different defamation case, Dominion Voting Systems v. Fox News, for $787.5 million in 2023. That payment is unrelated to Epps and is not a measure of his claim.
Latest Raymond Epps Fox Lawsuit Updates
Raymond Epps Fox lawsuit updates end with the May 8, 2026 dismissal. No later filing was located as of November 14, 2026. The timeline lists every dated event found, in order. Some entries come from news reports, because the court's written opinions were unavailable.
Full Raymond Epps Fox Lawsuit Timeline
FBI Removes Epps's Photo From Its Wanted-Suspects Page
The complaint says FBI investigators met Epps in March 2021. They removed his photo from the bureau's wanted-suspects website in July 2021, NBC News reported.
Epps Tells the House Jan. 6 Committee He Never Worked for the Government
Epps told the House January 6 committee in January 2022 that his only government work was as a Marine. The committee dismissed the rumors of FBI involvement around that time.
Tucker Carlson Tonight Airs the First Challenged Broadcast
Fox's brief lists a July 13, 2022 episode of Tucker Carlson Tonight as the first of four challenged broadcasts. A second challenged episode aired July 14, 2022.
A Third Challenged Broadcast Airs on the Anniversary of the Riot
The January 6, 2023 episode of Tucker Carlson Tonight is the third broadcast Fox's brief identifies. The fourth, aired March 6, 2023, was followed by a Carlson podcast appearance on March 11, 2023.
Epps's Lawyers Send Fox a Cease-and-Desist Letter
Epps's lawyers sent Fox News a cease-and-desist letter on March 23, 2023. It demanded that the network stop repeating what it called malicious lies about his role on January 6.
Fox Removes Tucker Carlson From Its Lineup
Fox News removed Tucker Carlson from its primetime lineup in April 2023, days after the Dominion settlement. Epps's complaint says one reported basis was Carlson's attacks on Epps, an allegation Fox has not adopted.
Epps Sues Fox News for Defamation in Delaware Superior Court
Epps filed a complaint against Fox News Network, LLC on July 10, 2023. It pleaded defamation per se and false light and demanded a jury trial. Carlson was not named as a defendant.
Fox Moves the Epps Case to Federal Court
The Epps case reached the U.S. District Court for the District of Delaware on July 12, 2023 as No. 1:23-cv-00761, after Fox removed it from state court.
Epps Files His Answering Brief Against Fox's Motion to Dismiss
Epps filed his answering brief on September 5, 2023, opposing Fox's motion to dismiss. Fox had argued in August 2023 that the suit attacks core First Amendment speech.
Epps Pleads Guilty to a Misdemeanor Over His Jan. 6 Conduct
Epps pleaded guilty on September 20, 2023 to disorderly or disruptive conduct on restricted grounds. A judge later sentenced him to one year of probation, on January 9, 2024.
Judge Hall Dismisses the Original Complaint but Allows an Amended One
Judge Jennifer L. Hall granted Fox's motion to dismiss on November 27, 2024 for failure to state a claim. She gave Epps leave to refile, so the case continued on an amended complaint.
Fox Moves to Dismiss the Amended Complaint
Fox filed its motion and brief to dismiss the amended complaint on January 10, 2025. It argued Epps still had not pleaded actual malice. It also argued the statements were protected opinion.
President Trump Pardons Epps Along With About 1,500 Others
President Donald Trump pardoned Epps on January 20, 2025, the first day of his second term. The pardon related to his criminal case.
Judge Hall Dismisses the Epps Lawsuit for a Second Time
Judge Jennifer L. Hall granted Fox's motion to dismiss the amended complaint on May 8, 2026. She found Epps had not shown enough to plausibly allege that Fox knew its statements were false.
How Has Fox News Responded to the Raymond Epps Lawsuit?
Fox News has responded to the Raymond Epps lawsuit by denying liability and arguing that the statements were protected speech. It called the suit a direct attack on the First Amendment in an August 2023 filing.
Fox said its opinion hosts asked questions and gave commentary on widely reported facts. Those facts concerned Epps's prominent role on January 6. In its January 2025 brief, Fox argued Epps was a limited-purpose public figure. That status required him to plead actual malice.
After each dismissal, Fox said it welcomed the ruling for preserving press freedoms. In November 2024 it cited two other dismissed suits, brought by Nina Jankowicz and Tony Bobulinski.
How Does the Raymond Epps Fox Lawsuit Compare to Other Fox News Defamation Cases?
The Raymond Epps Fox lawsuit is one of several Fox News defamation cases. It differs from the Dominion case in outcome and in who sued. Epps is an individual. The court dismissed his claims before trial.
Dominion Voting Systems, a company, settled with Fox for $787.5 million in 2023 before trial began. Fox said the Jankowicz and Bobulinski suits were also dismissed. Plaintiffs in these cases must show actual malice, which is a high bar.
Epps also faced his own criminal case. He pleaded guilty to a misdemeanor tied to January 6 and received probation, then a pardon. That case is separate from the civil suit against Fox.
| Case | Plaintiff | Subject | Reported Outcome |
|---|---|---|---|
| Epps v. Fox News Network (this page) | Ray Epps, individual | Claims Epps was a government agent on Jan. 6 | Dismissed twice; second dismissal May 8, 2026 |
| Dominion Voting Systems v. Fox News | Dominion, voting company | False 2020 election fraud claims | Settled for $787.5 million in 2023 |
| Jankowicz v. Fox News | Nina Jankowicz, disinformation expert | Fox coverage of her work | Reported dismissed, per Fox's statement |
| Bobulinski v. Fox News | Tony Bobulinski, Biden associate | Fox coverage of him | Reported dismissed, per Fox's statement |
| United States v. Epps | U.S. government | Disorderly conduct on restricted grounds | Guilty plea, 1 year probation, later pardoned |
Frequently Asked Questions
What is the Raymond Epps lawsuit against Fox News about?
The Raymond Epps lawsuit against Fox News is about Tucker Carlson's claims that Epps was an undercover government agent. Epps called those claims defamation and sued in July 2023.
Is the Raymond Epps lawsuit a class action?
No. The Raymond Epps lawsuit is a single-plaintiff defamation case in federal court. It is not a class action or multidistrict litigation. No class of claimants exists to join.
Did Fox News settle the Raymond Epps lawsuit?
No. Fox News did not settle the Raymond Epps lawsuit. A judge dismissed it twice instead, most recently on May 8, 2026. No money was paid to Epps.
Why did the judge dismiss the Raymond Epps lawsuit?
The judge dismissed the Raymond Epps lawsuit because Epps did not plausibly allege actual malice. That legal standard requires showing Fox knew its statements were false or recklessly disregarded the truth.
Was Tucker Carlson sued in the Raymond Epps lawsuit?
No. Tucker Carlson was not named as a defendant in the Raymond Epps lawsuit. Epps sued only Fox News Network, LLC, and argued the network is liable for its host's statements.
Was Ray Epps charged for his role on January 6?
Yes. Ray Epps pleaded guilty on September 20, 2023 to a misdemeanor for disorderly conduct on restricted grounds. He received a year of probation and a pardon on January 20, 2025. That case is separate from the lawsuit.