WASHINGTON DC (WJZ) — The family of Ashli Babbitt plans to sue the U.S. Capitol Police department, and the officer who shot her, for at least $10 million, according to a report from Newsweek.

Babbitt was the only person shot during the Jan. 6 riot at the U.S. Capitol. She was shot through a window by an officer.

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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.

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The Justice Department isn’t naming the officer and said they will not face any charges. The agency has not responded for comment.

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CBS Baltimore Staff