SAN DIEGO (Legal Newsline) - A lawsuit blames America for the death of a woman who was shot and killed by a Capitol police officer during the Jan. 6, 2021, storming of the building.
A lawsuit was filed Jan. 5 against the United States of America by the Estate of Ashli Babbitt and Aaron Babbitt, both individually and on behalf of the Estate of Ashli Babbitt. The case was filed in U.S. District Court for the Southern District Court of California and includes charges for assault and battery, negligence, negligent supervision, discipline, retention, training, survival, and wrongful death.
The plaintiffs are represented by Robert Patrick Sticht and Paul J. Orfanedes from Judicial Watch Inc.
The case revolves around Ashli Babbitt's death. At the time of her death, she was a resident of San Diego, operated a pool business, was 35 years old and was a veteran of the U.S. Air Force.
She was inside the U.S. Capitol building during the Jan. 6 what critics called an attack on the Capitol, following Joe Biden's defeat of Donald Trump in the 2020 Presidential election. She was shot by Capitol Police.
"Ashli experienced extreme pain, suffering, mental anguish, and intense fear before slipping into pre-terminal unconsciousness. The autopsy report identified the cause of death as a 'gunshot wound to left anterior shoulder' with an onset interval of 'minutes,'" the complaint says.
"The fact that Ashli was alive and conscious in extreme pain and suffering is documented in videos of the shooting. Furthermore, nothing about the wound track described in the autopsy report would be expected to result in immediate death or instantaneous loss of consciousness, and Ashli’s lungs contained blood, further confirming that she was alive and breathing after being shot.
"Ashli was pronounced dead at Washington Hospital Center at 3:15 p.m. The medical examiner determined that the manner of death was homicide."
The United States is being sued under the Federal Tort Claims Act for personal injury and death caused by negligent or wrongful acts or omissions by one or more employees while acting within their scope of employment.