The family of Ashli Babbitt, a strongly conservative woman who was shot by a Capitol Police officer during the widely-publicized Capitol attack, is trying to frame her as a martyr. Sponsored by the legal group Judicial Watch, the family has filed a wrongful death lawsuit against the U.S. government. Such action comes three years after the incident and a day before the third anniversary of the attack. It is worth noting that Babbitt had been attempting to climb through a broken window in order to breach the House Chamber when the fatal shot was fired.
The complaint describes Babbitt’s motivations not as seditious but as patriotic, stating she simply aimed to support former President Trump’s policies. Lieutenant Michael Byrd, the officer who shot Babbitt, has been cleared of any wrongdoing twice, both by the US Capitol Police and the Justice Department. The lawsuit seems to function as a symbolic rather than practical action, particularly given that it asks for $30 million in damages under the Federal Tort Claims Act (FTCA).
The main argument is that Lieutenant Byrd acted too prematurely, supposedly failing to reason with the mob before resorting to deadly force. The lawsuit accuses Lieutenant Byrd of unreasonably relying on a radio report of shots fired and faulting him for not having perfect knowledge during the chaotic event. However, the action is potentially on shaky ground due to the statute of limitations under DC law and the FTCA, which poses an additional challenge for the plaintiffs.
In conclusion, this lawsuit does not seem to be a conventional wrongful death suit, but rather a move to reshape the narrative of the Capitol attack, trying to recast Babbitt as a martyr rather than a participant in the riot. The actual legality and success of the lawsuit could be hindered by the statute of limitations, as well as previous clearance of Lieutenant Byrd by the Justice Department. More about the lawsuit can be found on the Court Listener docket.
Article referenced: Above the Law