San Diego Family Sues U.S. for $30M over Capitol Shooting Fatality

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TL/DR –

Ashli Babbitt’s family has filed a $30 million wrongful death lawsuit against the U.S. government, alleging she was “ambushed” by a U.S. Capitol Police officer during the January 6, 2021 Capitol breach. The lawsuit states that at the time Babbitt was shot, she was unarmed and posed no threat to anyone, and that the officer who shot her, Lt. Michael Byrd, was not in uniform and did not identify himself as a police officer. The Department of Justice did not pursue criminal charges against Byrd, and U.S. Capitol police said he would not face internal discipline.


Ashli Babbitt’s Family Files $30 Million Lawsuit Against U.S. Government

A wrongful death lawsuit of $30 million was filed against the U.S. government by the family of Ashli Babbitt, who lost her life in the U.S. Capitol breach on Jan. 6, 2021. The suit was lodged in San Diego federal court on Friday.

Babbitt, a 35-year-old Air Force veteran from San Diego, was allegedly “ambushed” by a U.S. Capitol Police officer without any preceding warnings. The incident occurred as Babbitt was attempting to infiltrate through the shattered window of a barricaded door to the Speaker’s Lobby.

The Department of Justice dropped any pursuit of criminal charges against Lt. Michael Byrd, the officer responsible for shooting Babbitt, while the U.S. Capitol police announced no internal discipline would be carried out.

Details of the Lawsuit

Filed just prior to the three-year anniversary of the attack, the lawsuit alleges that Babbitt was among several patriotic Americans attending then-President Donald Trump’s rally and subsequently walked to the Capitol in a peaceful manner. The complaint vehemently denies any unlawful or malicious intent on Babbitt’s part.

The suit further asserts that Babbitt, unarmed during the incident, posed no threat to anyone’s safety. It claims that Lt. Byrd was out of uniform and didn’t identify himself as a police officer before firing his weapon. Furthermore, it alleges that no Congress members were present in the Speaker’s Lobby, which was under the protection of multiple armed police officers.

Lt. Byrd’s Account and the Aftermath of the Capitol Breach

In an interview with NBC News in August 2021, Byrd admitted to resorting to the use of his weapon as a “last resort.” He recounted his hope that no one would attempt to breach the doors and that their non-compliance necessitated his action to protect the lives of Congress members, fellow officers, and himself.

Babbitt was one of five fatalities during the insurrection. Over 1,000 people, including Donald Trump, have been prosecuted for their involvement in the breach.


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