The family of Ashli Babbitt who was fatally shot during the January 6 Capitol riot has decided to file a multimillion lawsuit for wrongful death lawsuit against United Stated Capitol Police. The San Diego family is planning to sue the department and officer responsible for shooting her for at least $10 million. Babbitt was an Air Force veteran and loved her country dearly.
Her uncle stated that Babbitt was visiting the capital on the fateful day as she believed that she could influence whatever was happening in Washington that day.
A video shot of the Capitol riot showed Babbitt as a part of the mob that was trying to break into the Speaker’s Lobby outside the U.S. House of Representatives. When she tried to climb through the broken window to an area barricaded by the police, she was shot in the shoulder by a Capitol Police officer. She was declared dead after a short time.
The Justice Department had announced that it would not pursue any charges against the officer responsible for shooting Babbitt as there was insufficient evidence supporting criminal prosecution. The department refused to prosecute the officer stating that he acted in defense of self-defense and in the defense of others, including lawmakers.
However the family are not happy with this decision, they believe their daughter was murdered. They believe that she could have been stopped by the officers or arrested. There was no need to shoot her. She was an Air Force veteran and she would have cooperated if taken officially into custody. They believe it is a case of police misconduct and civil rights violation.
What is a “Section 1983” lawsuit?
Section 1983 is part of the Civil Rights Act of 1871. This section allows citizens whose civil rights have been violated to file a civil lawsuit. They can take civil action against state or local officials like police, county sheriffs, deputies of the sheriff, prison guards, wardens etc. Section 1983 cannot be used for suing a private citizen who is not connected to the government. Also, the section cannot be used for filing a lawsuit against federal government employees.
Professional lawyers can help you understand your constitutional rights and violations if any. They can guide you on how to move forward with legal action.
Police misconduct and brutality
Abuse of police power by officials responsible for protecting the people is a very serious matter. The impact of police misconduct and brutality affects not only the victim but also their family. Any instances of police brutality, denial of civil rights and police misconduct challenges our Constitution.
Police misconduct in California can be criminally prosecuted. However, in instances where it cannot be prosecuted criminally, victims can file a police misconduct lawsuit in civil court.
Some of the types of police misconduct that permits filing a lawsuit are:
- Excessive use of force
- False arrest
- False imprisonment
- Malicious prosecution
- Illegal searches
- Planting fake evidence
- Unwarranted use of weapons
If you or your dear one has been a victim of police misconduct or brutality in California, you can file a lawsuit and win compensation for the misconduct by police, any time you spent wrongfully in jail or prison, serious injuries or death. A lawsuit will also play a major role in sending a strong message to the police officials that brutality and civil rights violations won’t be tolerated in your community.
Take the required legal action and get the justice you deserve by getting in touch with a specialized police misconduct lawyer at Khashan Law Firm. Our team of experienced lawyers have been working hard to fight and successfully seek justice for several victims of police misconduct in California.
Contact us at (951) 461-2387 for a free and confidential consultation today.