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DOJ Settles Ashli Babbitt Wrongful Death Lawsuit for $5 Million

The settlement resolves the $30 million lawsuit filed by Babbitt's family, with terms awaiting final approval and law enforcement expressing concerns over its implications.

FILE - Micki Witthoeft, center, mother of Ashli Babbitt, the woman fatally shot by police inside the U.S. Capitol during the Jan. 6, 2021, riot, joins protesters outside of the Supreme Court on the second anniversary of the Jan. 6, assault on the U.S. Capitol, in Washington, Jan. 6, 2023. (AP Photo/Jose Luis Magana)
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Overview

  • The Department of Justice has agreed to pay just under $5 million to Ashli Babbitt's family to settle a wrongful death lawsuit stemming from her fatal shooting during the January 6, 2021, Capitol riot.
  • The settlement, which resolves the $30 million lawsuit filed in 2024, is pending final approval with no public disclosure of terms beyond the payment amount.
  • Babbitt, a 35-year-old unarmed Air Force veteran, was shot by Capitol Police Lt. Michael Byrd while attempting to climb through a broken window into the Speaker’s Lobby, an action that was deemed lawful by prior investigations.
  • Outgoing Capitol Police Chief Tom Manger criticized the settlement, warning it could discourage law enforcement officers tasked with protective duties.
  • Approximately one-third of the settlement will reportedly go to legal fees, including payments to the conservative group Judicial Watch and attorney Richard Driscoll.