The United States government has agreed to pay $5 million to the family of Ashli Babbitt, the woman fatally shot by a Capitol police officer during the January 6th, 2021 riot, in a rare unnegotiated settlement under the Federal Tort Claims Act (FTCA).
The news was highlighted this week by Georgia attorney Stephanie R. Lindsey on her official Instagram account, where she noted the unusual nature of the resolution.
“They were asking for $5 million, and usually in a settlement you negotiate. But in this particular case, there was no negotiation,” Lindsey explained in a video posted to her account @attorneystephanie. “The settlement is what’s going to be paid in the amount they requested.”
Babbitt, a 35-year-old Air Force veteran, was shot and killed while attempting to climb through a broken window into the Speaker’s Lobby of the U.S. Capitol. The barricaded door was just steps away from lawmakers being evacuated. The officer who fired the shot was later cleared of wrongdoing following a Justice Department investigation.
Babbitt’s family subsequently filed a wrongful death lawsuit under the FTCA, which provides a legal avenue for private parties to sue the federal government for certain torts committed by federal employees. The claim alleged that the shooting constituted an excessive use of force and that her rights were violated.
What makes this case notable is the lack of litigation or prolonged negotiation. Legal experts point out that most FTCA cases result in either lengthy court proceedings or negotiated settlements far from the original demand. The government’s decision to meet the Babbitt family’s full request could signal a strategic calculation to avoid further public controversy or trial-related scrutiny.
Lindsey pointed out the broader consequences of the case: “This case has and is going to have a lot of implications,” she said. “We have an individual who was at a place they were not supposed to be, and unfortunately she died. Her family filed a lawsuit—and she won.”
Though the Trump administration’s legal counsel approved the $5 million settlement, questions remain about precedent, future civil claims involving use of force by Capitol Police, and how this payout might influence other lawsuits arising from the January 6th events.
As public and legal debate around the Capitol riot continues, this settlement marks a significant moment in the legal aftermath of the historic breach—one that will likely shape government liability considerations for years to come.
The Babbitt settlement under the FTCA is likely to fuel discussions around qualified immunity, use-of-force standards, and the scope of federal accountability in civil actions involving law enforcement.
Legal observers may also examine whether the swift settlement indicates a shift in how politically sensitive wrongful death claims are handled within federal agencies.
