U.S. Capitol Police to Be Sued for $10 Million for Killing Unarmed Rioter

[Yo_Mama_Been_Loggin]

Source: Newsweek

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.

Read more: https://www.msn.com/en-us/news/us/us-capitol-police-to-be-sued-for-dollar10-million-for-killing-unarmed-rioter/ar-BB1gbGIM?ocid=DELLDHP&li=BBnbfcL

[Generic Other]

1. She paid for the ticket to ride

on that slow boat to hell. I'm pretty sure the law allows cops to use lethal force to prevent an insurrectionist from attacking members of Congress.

[multigraincracker]

2. Qualified Immunity?

[elleng]

3. 'Sorry.'

[JohnSJ]

4. No way. She illegally entered a government building, and broke into the congressional chamber

[former9thward]

60. That is not the court standard.

Almost everyone where a family has received a settlement as a result of of police killing has committed some illegal act to begin with.

[JohnSJ]

69. She was part of an attack on the capital. This is not just a "police killing", it was a threat

toward our congress people, and our government

That isn’t going to fly, especially since she ignored multiple warnings, and they already cleared the officer and determined that there was insufficient evidence to prove Babbitt’s civil rights were violated, and that it was reasonable for the officer to believe he was firing in self-defense or in defense of members of Congress and aides who were fleeing the House chamber. Prosecutors did not identify the officer. Washington Post

In addition, through social media she had tweets threatening violence against the capital

She was an active participant of an insurrection in our capital

[former9thward]

90. The "They" who cleared the officer were fellow officers not a court or jury.

In most cases where there has been a settlement the officer had been "cleared". We will see how it works out.

[JohnSJ]

95. Most cases? Can you give specifics where the capital was attacked on January 6, and those

in the mob who were injured won a settlement?

It is called self-defense. There was a reasonable belief that the person was going to attack violently, with calls to hang the VP and do bodily harm to members of Congress

[former9thward]

97. The suit was just filed.

As far as I know she was one of the few who were even injured. How can I give specifics on Capitol settlements when the suit was just filed? I don't think you know how courts look at these type of cases.

[JohnSJ]

105. Excuse me. You made a general statement:

"In most cases where there has been a settlement the officer had been "cleared""

That statement was NOT related to the January 6th insurrection, and I asked for specific examples outside of the January 6th insurrection where your statement: "In most cases where there has been a settlement the officer had been "cleared". Give me some examples of that please, and if you use George Floyd or those type of examples, then you are not recognizing that those cases were aggressive moves by the police against people who were not presenting a risk to anybody.

You want me to list those names, because that is pretty easy to do

and if you do not see the difference between what happen to George Floyd, Breonna Taylor, etc.
then I don't think you are viewing things very clearly

[former9thward]

106. By your own statement you are going to reject any example I show.

They won't meet your "standards". Of course the courts and juries may have a different view.

[JohnSJ]

107. No, it tells me you cannot discern the very real difference between the two, because there are

Last edited Fri Apr 30, 2021, 07:40 PM - Edit history (1)

Ma’Khia Bryant's family as an example, will not win a civil suit, because she used a knife to attack two people

[lagomorph777]

84. She was a direct threat to the police who killed her.

Even a non-cop could legitimately claim self-defense if somebody crashes through a window to attack them.

They couldn't know for sure that she was unarmed. Also, she was leading a pack of baying hyenas, many of whom were clearly armed. It was life or death for the cops. It's an open and shut case for dismissal.

[JohnSJ]

96. Exactly. It is called self-defense because it was reasonable to assume that violence was

about to be perpetrated by someone who broke through the window to attack members of congress

[LetMyPeopleVote]

5. This asshole was a terrorist

This terrorist refused to follow directions and was attacking or trying to attack members of Congress

[Xipe Totec]

6. Veni, vidi, fregit per fenestram, ego got iecit (I came, I saw, broke through the window, got shot)

[speak easy]

38. +!

Babbitt has left the building.

[Tndem615]

7. I'm

Glad they cleared that officer, even though she wasn’t armed.

[Bernardo de La Paz]

78. Wish people would drop the Reich Wing meme that she was "unarmed". It's a distraction w no weight.nt

[Submariner]

8. She's a domestic terrorist, not a common rioter

treasonous veteran.

[quakerboy]

66. In common sense, yes

But has anyone been charged with terrorism yet?

[Dr. Shepper]

9. The sense of entitlement of these people

Is amazing. She was a terrorist trying to violently overthrow our democratically elected government. Was the officer just supposed to let her through to do whatever the hell she wanted? I hope this is thrown out of court.

[USAFRetired_Liberal]

17. No kidding

These are the same idiots who will defend the cops for killing unarmed black people and say shit like the should have complied, but then want to hold this domestic terrorist up as a martyr...

[intheflow]

24. Right?

Complete tell from the Thin Blue Line/Blue Lives Matter crowd. More like them whistling Dixie out their asses.

[NYC Liberal]

40. Maybe bin Laden's family can sue next.

[rickyhall]

10. Not like she was walking down the street while black.

[rainin]

86. Exactly! She wasn't shot in the back while running away. n/t

[Jon King]

11. Easy defense, security heard insurrectionists shouting kill, hang, etc.

This one will be an easy defense. The security heard a rabid crowd shouting about hanging and killing and looking for the VP and Congress. They saw massive violence or their fellow officers told them via walkie talkie about the massive violence.

Once they broke the last window between security and their targets, and one of the violent mob seeking to kill people actually tried to come through the window, he had zero other options.

Common sense, which is the civil standard, would tell any jury that he actually saved lives by shooting the first one through.

[BootinUp]

12. Loonie genes. Nt

[oldsoftie]

13. If they'd popped the 1st 4 or 5 thru the windows, the whole thing would've ended right then.

Start a riot, attack people, pay the price

[Tndem615]

14. This country

Is going to need to have mass re-education facilities

[burrowowl]

15. Yup!

[TheProle]

34. Nope.

[intheflow]

26. No, we tried that already with the Native Americans and enslaved Black Americans.

They were major humanitarian disaster, the result of policy failures which resulted in devastating loss of precious lives and cultures, and centuries of trauma.

What we need are mass conversations about how to accept and respect differences in a pluralistic society, and what is and isn't a reliable source in this digital infomedia age.

But if you mean "mass education" as in bringing back civics classes and school librarians to the current public education standards, I'm here for that.

[TheProle]

32. Fuck traitors. Full stop.

Lawbreakers should be prosecuted.

But “mass re-education facilities” is antithetical to democracy. Very much hoping that you are invoking the phrase without knowing what you’re really saying, because your comment is reprehensible.

[oldsoftie]

80. Oh, there's a good Republican ad! Nonsense.

[RandiFan1290]

81. trolls gonna troll

[oldsoftie]

101. And exactly what that is. Expecting agreement I imagine.

[RandiFan1290]

82. You may be fooling most here

but you are not fooling me

[quakerboy]

67. why would they do that though?

Too many officers seemed to think that the terrorists were friendlies for my comfort

[alphafemale]

88. I think after she was shot no one else tried to go in those windows.

This was far inside the Capitol and leading to the room where lawmakers were hiding.

If that hoard had broken through, the plan was mass murder and hostage taking with the stipulation being they would broadcast executions at regular intervals until the demand of trumpety being made a dictator was met.

[oldsoftie]

102. I meant the first ones breaking into the building from the outside.

But your point shows that it probably would've worked downstairs at the main entrance as well.

[rpannier]

16. Our relative was part of an insurrection and now we should be compensated

Usually not how that works

[FailureToCommunicate]

18. Two words for that treasonous veteran's legal team..

[Mysterian]

19. LMAO

LOL

[keithbvadu2]

20. She may not have had guns but she had weapons.

She may not have had guns but she had weapons.

She was using force to break in.

[brush]

74. And she was going to let the rest of the mob in to kill...

the Speaker and other Reps. No, she got what she deserved.

[orangecrush]

21. Good luck with that

There was a line, and she crossed it.

The rest of them turned tail.

[RayStar]

22. Oh well

She should have stayed in CA.

[IbogaProject]

23. The officer had no way to assume she was neither armed nor dangerous

The officer had no way to assume she was neither armed nor dangerous. His shot broke the invader's momentum. I hope that draws penalties for frivolous lawsuit.

[MichMan]

58. So as long as a police officer says someone might have been armed

and thought they were dangerous,, that justifies them shooting and killing them.

Thought people here were against police using that kind of logic. Guess not.

[radical noodle]

75. I seem to recall

that she was wearing a backpack. The cop might have thought she had a bomb in it.

[czarjak]

25. Moron Martyr?

[Bernardo de La Paz]

77. She died before she could reproduce. "Darwin award" time? . . . nt

[The Mouth]

27. There is no right to riot

There isn't even really a right to "Protest".

There *IS* a right to *PEACEFULLY* assemble to petition for the redress of grievences.

As soon as you damage property or threaten others, the full force and fury of the state should descend upon you.

There is nothing anyone is ever going to be upset about that is worth damaging my property or threatening my life or that of my family.

[MichMan]

41. Vandals should be shot and killed

Is that what you are suggesting?

[SunSeeker]

46. She wasn't a vandal. She was a violent insurrectionist threatening the safety of lawmakers.

And she and her co-conspirators ignored repeated warnings from Capital police to stay back.


Do you equate breaking into the Capitol to overturn an election to mere vandalism like graffiti on a highway overpass?

[MichMan]

51. Replying to the posters own words

"As soon as you damage property or threaten others, the full force and fury of the state should descend upon you."

Vandalism is damaging property is it not?

[SunSeeker]

70. Breaking into the anti-chamber of the Senate is not just any old property damage.

And I don't think run of the mill vandalism/property damage is what the poster was referring to, since the reference was to what this insurrectionist did. Do you think what this insurrectionist did was mere vandalism?

[The Mouth]

94. You are correct

[Downtown Hound]

50. This was way beyond vandalism and you know it. n/t

[MichMan]

55. Replying to what the poster I replied to wrote

"As soon as you damage property or threaten others, the full force and fury of the state should descend upon you."

Vandalism involves damaging property, doesn't it?

[Downtown Hound]

57. I belleive he also said threatening others

And he didn't actually say they should be shot. The full force of the state could simply mean being arrested and prosecuted.

In this case Ashli Babit, in addition to participating in a mob that had already grievously injured police officers (and killed one, but since they've ruled it natural causes for some reason, I'll just leave it at grievously injured), threatened members of congress, and attempted to subvert a democratic election. Oh yeah, and destroyed property. She was violently breaking into an area where members of congress were being protected. She ignored warnings to stop. At that point she is a clear and present danger and shooting her was an act of both self-defense and the defense of the lives of elected representatives.

She was not shot for vandalism. She was shot for threatening lives and subverting democracy.

[MichMan]

59. He said damaging property OR threatening others

[Downtown Hound]

62. Again, full force of the state

Does not automatically equal being shot. Full force of the state can mean be arrested and prosecuted. You are the one implying it can only mean being shot. It does not automatically mean that.

But okay. Let me break it down for you.

Vandalism=not enough to warrant being shot. Arrested yes, but not shot. Being arrested qualifies as full force of the state.

Threatening others= more of a grey area, but generally in and of itself not enough to warrant being shot unless there is a clear and present danger to human life at that moment.

Vandalism, threatening others, rioting in a mob that has assaulted and injured peace officers, sedition against the United States government, violently breaking into a secured area where legally elected representatives are being protected and ignoring warnings to stop=warrants being shot.

Hope that clears it up.

[The Mouth]

93. Thank you

You said it better than I could.

[Hassin Bin Sober]

56. Spray painting a fence is vandalism.

Breaking into a highly sensitive area that has locked doors, men pointing guns while barking warnings, AND furniture piled up against the doors... is a death wish.

What killed her is her own hubris and stupidity. The same hubris and stupidity that has left hundreds of protesters dumbfounded why they are being prosecuted for the crimes they themselves filmed and bragged about on social media.


She was warned

[Grokenstein]

28. She "should have complied."

Isn't that the standard BS from rightwankers?
She played the stupid game, it would have been unfair to not give her the stupid prize.

I presume the suit rises from the sort of rancid revisionist dogshit like this, seen a couple of weeks ago:

Link to tweet

[Xipe Totec]

30. She had a quick death. Not like somebody sat on her for 9 min 29 sec. nt

[Hassin Bin Sober]

49. Not so quick. I made the mistake of watching the video. It wasn't pretty.

But I get your point.

[IronLionZion]

29. The one time these folks don't back the blue

Insurrection Karen

[PortTack]

31. She was duly warned to stop..she did not.

[Hassin Bin Sober]

44. Yep. The guy standing next to her when she was shot says as much

[Alien Life Form]

33. I felt bad for her at first

I was saddened that anyone lost their lives for believing in the LIES of Donald Trump and the GOP.. but in the end she was a danger and a threat ..and so I have no sympathy for her or her family..

[ColinC]

35. These types of lawsuits usually work only when it is determined the police violated department

policy. It was determined that this officer did not violate any policies, and was reinstated to his job following an investigation.

[ZonkerHarris]

36. Terrorist's family sues Police - better headline.

[Rabrrrrrr]

37. Ah, yes, I remember all the Confederate soldier families who won suits against the north

for killing their sons. "oh, my, we're so sorry, Mrs. Beauregard, you are so right - we totally violated your son's rights by shooting him for nothing more than sedition. Even though he rejected our laws, you're right, we should be the better people and treat him as though he were still a citizen. Here's $10 million and an apology and I'm going to go blow Jefferson Davis now because I feel so bad for the evil we did against the confederate soldier patriots."

Insurrection/sedition/treason should never come with any kind of penalty, because PATRIOTISM!! FREEDUM!!!!

Fuck her. IMO, the capitol police should have opened fire and left a river of blood flowing out of the building. The fact that the insurrectionists were white is the only reason we didn't have a bloodbath on Jan 6.

I say fuck 'em. I don't know the law well enough to speak as to whether the family has a case or not, but I hope that there is a law that says if you are killed with actively trying to overthrow the government, you lose all rights granted by that government. That seems only fair - "You don't like the government? You want to overthrow it? Okay, you are now no longer protected by it or beholden to any of its rules. Welcome to your ultra libertarian childish theocracy." and then fill 'em with lead.

[Martin68]

39. Good luck with that. Breaking into the Capitol by overwhelming security and beating some of

them to death, smashing through barricaded doors to invade the Congressional sanctum sanctorum and derail the democratic process in a presidential election, and then jumping though a broken window in a door in spite of warnings that a guard is defending the space with a drawn gun. Actions have consequences. especially those that threaten ur democratic process and the lives of those to whom we have entrusted that process. I have seldom been a clearer case of justifies homicide. The insurrectionists are lucky that more guards did not perform their duty.

[SunSeeker]

43. Ridiculous.

[Gore1FL]

45. I hope the family loses and has to pay legal fees.

Fuck her. fuck her family. No quarter for traitors.

[Downtown Hound]

53. The cop who shot her should countersue.

Not even joking.

[NewHendoLib]

47. wow, we really are in bizarro world

[Downtown Hound]

48. LOL. Good luck with that.

[Swede]

52. She should have just complied.

I've heard that said about listening to the fuzz.

[cstanleytech]

73. No, she should not have engaged in a criminal act in the first place.

[LetMyPeopleVote]

100. She should have complied

Link to tweet

Link to tweet

Link to tweet

Link to tweet

Link to tweet

[Kablooie]

54. There were Congress people at the other end of the hall.

He was protecting them.
If he hadn't shot her others would have followed and we might have a different ending to the invasion.

[BigmanPigman]

61. I hope the lawyer plans on not making a cent off of this case.

The terrorist clearly broke the law. Her family appears to be as idiotic as the terrorist. The nut doesn't fall far from that tree.

[TexasBushwhacker]

87. It took them over 3 months to find an attorney

that would take it on a contingency. That says something. They're probably hoping the Feds will throw them a bone and pay them $1 to 2Million. I hope they don't.

Besides, bleeding out from a single wound to the shoulder is kind of a freak accident. He must have hit the axillary artery.

[BigmanPigman]

104. I thought she was shot in the throat?

[TexasBushwhacker]

108. Nope, left shoulder

Now it may have been the part of her shoulder closest to her neck rather than to her arm, but still, there are some major blood vessels there - the subclavian and the axillary arteries.

We had a case here in Texas where some idiot was shooting up into the air on New Year's Eve. His little girl was outside with. What goes up must come down and at terminal velocity, a falling bullet is still traveling fast enough penetrate soft tissue. The bullet hit her in the shoulder, close to her neck, and severed an artery. She bled to death in her father's arms.

[LetMyPeopleVote]

103. Under US law, the family of the terrorist has to wait six months before filing lawsuit

I wanted to read the petition in this lawsuit and see who the attorney was. Guess what, the family of the terrorist cannot file this bogus lawsuit for six months https://www.newsweek.com/us-capitol-police-sued-10-million-killing-unarmed-rioter-1587449

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.

I was looking forward to reading this garbage lawsuit and now have to wait

[BleedsBlue]

63. The family should be suing trump...

trumps the one who sent her in there. He's was the leader of the insurrection. If I was one of the Capitol Police Officers who were hurt or a family member of one who died I would be filing lawsuits against trump.

[Pas-de-Calais]

64. I feel nothing on any support for her

She was ex military
Knew her place
Her vows to this country
Knew the illegality if what she was doing

Still
Did
It

[aeromanKC]

65. F off traitor family!!

Say, how about restitution for the damage she contributed too!! Her estate (ya, like she has one) owes the taxpayers money!!

[pfitz59]

68. They all should have been shot!

First time in nearly 200 years the Capitol was attacked.

[LetMyPeopleVote]

71. This asshole was a terrorist

Link to tweet

Link to tweet

Link to tweet

Link to tweet

[cstanleytech]

72. She was in the act of committing a actual crime so the shooting was completely legit according to

the law.
Now, do I like that she was shot and killed committing a crime? Of course not but the facts are still the facts and she was committing a crime.

[Bernardo de La Paz]

76. The police lieutenant could not stop to enquire if she was armed or not. :eyes:

[Withywindle]

79. I know it's the headline, but calling them "rioters" diminishes the crime, IMO

These weren't just angry people breaking store windows.

Everyone who busted into the Capitol was a potential assassination threat. Lives of elected officials were on the line, and at risk.

[MrModerate]

83. No sympathy. None. n/t

[DFW]

85. If she could testify, it would probably sound like this:

„There I was, minding my own business, breaking into the US Capitol building, trying to catch members of Congress to harm or kill them, when out of nowhere, some trigger-happy cop defending them decides to use force against our superior numbers trying to break down a door inside the building. The nerve of them!“

[msfiddlestix]

89. If memory serves me accurately, She was armed with a gun when she attempted to "enter"

that smashed window. At least that was what I believe I remembered when that happened.

[alphafemale]

91. Very few of them actually had guns. But they were armed with clubs/tasers/spray etc

Coming onto Capitol grounds with a gun was a mandatory sentence and they were advised of this.

[msfiddlestix]

92. Right. Which is why I recall her being armed was different from the other monsters.

[Vinca]

98. She was armed with a thousand or more violent crazies who wanted to kill members

of Congress and the Vice President. Good luck with that law suit.

[LetMyPeopleVote]

99. The fellow terrorists arrested who were part of this attack should be charged with felony murder

Link to tweet

Federal prosecutors have charged at least eight people who were in the crowd around Babbitt in the moments before she was shot. They include Christopher Ray Grider, a Texas winery owner who is accused of trying to kick in the Speaker’s Lobby doors; Zachary Jordan Alam, of Pennsylvania, who is accused of smashing the glass pane Babbitt attempted to crawl through; and Chad Barrett Jones, of Kentucky, who is accused of smashing another pane with a wood stick that had a Trump flag attached.

Authorities had suggested the possibility of bringing felony murder charges against rioters if Babbitt’s death was a foreseeable consequence of felony conduct by others, according to a person familiar with the matter. But they have since ruled out that possibility, given case law that allows such charges only in instances when an accomplice is responsible for a victim’s death, not a law enforcement officer.

D.C. police are required by law to identify officers involved in serious uses of force within five business days of an incident. They are also required to release video from body cameras of the officers directly involved. The law only applies to D.C. police. Capitol Police are not equipped with body cameras.

[agincourt]

110. I'm sure the Greenwald/Jimmy Dore left

will be just on top of making her a revolutionary martyr.

[blogslug]

111. Nice headline, Newsweek

groan

[Happy Hoosier]

112. Play stupid games, win stupid prizes NT

[EndlessWire]

113. I blame Trump.

He incited the insurrection. He should have been held accountable. Can't her family follow cause and effect? Or, has their attorney promised them they'll get a settlement one way or another?