Trial Date Scheduled for Protestor Ashli Babbitt’s Wrongful Death Lawsuit

A federal judge assigned a trial date for the wrongful death complaint filed by the surviving family of Ashli Babbitt, the protestor who died after being shot by a U.S. Capitol Police officer.

The Case: Estate of Ashli Babbitt and Aaron Babbitt (the Plaintiffs) v. United States of America

The Court: U.S. District Court for the Southern District of California

The Case No.: 3:24-cv-33-BAS-DDL

The Plaintiff: Babbitt (the Plaintiffs) v. United States of America

On January 5, 2024, the plaintiffs filed a California wrongful death lawsuit, including the following complaints: assault and battery, negligence, negligent supervision, discipline and retention, negligent training, survival, and wrongful death. A federal judge scheduled a trial date for a wrongful death lawsuit brought by the family of January 6 protester Ashli Babbitt.

The plaintiffs in the case are the surviving family of Ashli Babbitt, a Jan. 6th protestor who died after being shot by U.S. Capitol Police Officer Michael Byrd. The $30 million wrongful death lawsuit was originally filed in California, the home of the deceased, Ashli Babbitt, 35. Ashli Babbitt owned and operated a local pool business with her husband. She attended the “Women for America First” rally featuring Trump at the Ellipse, traveling alone from San Diego to Washington, D.C.

The Incident: Crowd of Protestors Forcing Entry to the Speaker’s Lobby

The incident that led to Babbitt’s death was an outgrowth of the Capitol riot on January 6, 2021, when Trump supporters threatened to stop the certification of the Electoral College vote making Biden president. Ashli Babbitt was a member of the group of protectors trying to force entry to the Speaker’s Lobby behind the House chamber. As Ashli was edged through the window in a doorway by the crowd, Officer Byrd opened fire. The shot was fatal. Babbitt was unarmed and allegedly held her hands up as she passed through the doorway to the hallway. However, her actions did not stop the shooting.

The Case: Babbitt (the Plaintiffs) v. United States of America

According to the lawsuit, Lt. Byrd later confessed he shot Ashli before he saw her hands, assessed her intentions, or identified her gender. The complaint claims that Ashli was unarmed, with her hands in the air in plain view of Lt. Byrd and other police officers nearby. The lawsuit also indicates that Lt. Byrd was not in uniform, did not identify himself as an officer (or make his presence known to Ashli Babbitt), and did not provide any warnings or commands to Ashli before shooting her. The government investigated Byrd’s response to the situation, and he was not punished. U.S. District Court Judge Ana C. Reyes scheduled a trial date of July 20, 2026, for the Babbitt (the Plaintiffs) v. United States of America $30 million wrongful death lawsuit. The judge may also consider a request to move the case to California, where the Babbitt family lives.

If you have questions about filing a California wrongful death suit, reach out to Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced wrongful death attorneys are available at various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago to assist you.