Family of woman killed in riot sues

The family of a woman who was fatally shot by a police officer during the Jan. 6, 2021, riot at the U.S. Capitol has sued the U.S. government, alleging wrongful death, assault and negligence.

Ashli Babbitt, 35, of California was among a mob of supporters of President Donald Trump who stormed the Capitol trying to disrupt congressional certification of President Joe Biden’s election victory. She was fatally shot by a U.S. Capitol Police officer as she raised herself into the opening of a broken glass door panel deep inside the building.

The lawsuit, which seeks $30 million, was brought by her husband Aaron Babbitt, who is executor of his wife’s estate. He and the estate are represented by lawyers for the conservative watchdog group Judicial Watch, who filed the case Friday in a U.S. District Court in California.

“Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose,” the lawsuit says. “She was there to exercise what she believed were her God-given, American liberties and freedoms.”

The suit alleges that the officer, Lt. Michael Byrd, used excessive force.

Federal prosecutors have concluded there was insufficient evidence to prove Babbitt’s civil rights were violated. Authorities have said it was reasonable for Byrd to believe he was firing in self-defense or in defense of members of Congress, their aides and others.

A probe by Capitol Police also cleared Byrd’s use of force.

Capitol Police spokespeople and a lawyer for Byrd did not immediately return requests for comment Saturday. The lawyer, Mark Schamel, has said in a previous statement that Byrd’s actions were “nothing short of heroic.”

Babbitt was one of five people who authorities said died as a result of the siege, including Capitol Police officer Brian Sicknick, who collapsed after being assaulted by rioters and died Jan. 7, 2021.

Federal prosecutors, in closing the 2021 investigation that determined the shooting was justified, acknowledged “the tragic loss of life” and offered condolences to her family.

Among members of the far right, Babbitt’s death has inspired vigils, rallies, rap lyrics and social media hashtags. Many view her as a martyr.