The family of Ashli Babbitt—the only person shot during the Jan. 6 riot at the U.S. Capitol—plans to sue the U.S. Capitol Police department, and the officer who shot her, for at least $10 million, their attorney said.

The civil suit will follow a decision by federal prosecutors not to seek criminal charges against a plainclothes police lieutenant whose single shot killed Babbitt, who was unarmed.

Babbitt, a decorated U.S. Air Force Gulf War veteran, was struck in the shoulder while attempting to illegally enter the Speaker's Lobby, an area near to the House floor, through a smashed window beside a barricaded door. It is unclear whether she heard shouted warnings over the crowd around her before she climbed within view of the lieutenant, who drew his gun and fired. Smartphone video shows Babbitt being struck in the shoulder and falling back onto a patterned marble floor, bleeding. Police quickly summoned medical help and evacuated her on a stretcher. She was pronounced dead at Washington Hospital Center, leaving behind a husband, Aaron, and four younger brothers.

The police lieutenant who shot Babbitt has yet to publicly provide his side of the fatal encounter, and law enforcement officials have not released his name. Terry Roberts, the Babbitt family's lawyer, said he knows the shooter's name and is aware of some of his police service record.

"A rookie police officer would not have shot this woman," Roberts told Zenger News. "If she committed any crime by going through the window and into the Speaker's Lobby, it would have been trespassing. Some misdemeanor crime. All a rookie cop would have done is arrest her."

"And he has plenty of other officers there to assist with arrest," he said of the shooter. "You had officers on Ashli's side of the door in riot gear and holding submachine guns. And on the other side of the door you have another uniformed officer 6 or 8 feet away. Whose life is he saving by shooting her? ... She's not brandishing a weapon. She's on the window ledge. And there's no reason to think she's armed."

Roberts said economic losses from the 35-year-old's death would likely total $2 million. Non-economic claims, such as punitive damages, would push the sum far higher. $10 million is "a good estimate," he said. Wrongful death lawsuits face no practical monetary limit under District of Columbia law.

The police lieutenant might assert "qualified immunity" in an attempt to shield his personal assets from any damages a court might award. But "I don't know how on earth he could. This is a clear case of excessive force," Roberts said. Law enforcement officers in the U.S. cannot assert qualified immunity protection in cases where victims, or their estates, prove their rights were "clearly established" at the time of an incident.

Roberts told Zenger News that "within the next ten days" he will serve notice to U.S. Capitol Police, which patrols the office buildings and grounds of the Capitol, that he intends to file suit in Federal District Court in Washington, D.C. "We intend to vindicate Ashli's constitutional rights, which were egregiously violated," said Roberts, referring to a Fourth Amendment claim. The suit, he said, will also include a civil rights claim filed personally against the lieutenant

Pressing Babbitt's family's claim will not be quick or easy, he said. U.S. Capitol Police is a legislative-branch federal agency overseen by the Committee on House Administration, chaired by Rep. Zoe Lofgren (D-Calif.). That narrows the family's legal options. Under the Federal Tort Claims Act, a government agency accused of wrongdoing must have six months to investigate and decide whether to offer a settlement. Unless the agency waives that period of administrative review, Roberts said, he can't go to court until at least the end of October....