Family of Capitol rioter Ashli Babbitt plans to sue Capitol police for $10 million.

The family of Ashli Babbitt, the Trump supporter who was fatally shot while storming the Capitol on Jan. 6 plans to sue the U.S. Capitol Police Department, and the officer who shot her for $10 million, according to Newsweek.

News of the lawsuit came more than two weeks after the Justice Department said it would not file criminal charges against the police lieutenant who killed Babbitt.

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Terrell Roberts, an attorney for the Babbitt family, told CNBC, $10 million is “a good estimate,” and includes the value of Babbitt’s “services to her husband and combined with Ashli’s potential income if she would have lived.”

“A potential for recovery for non-pecuniary losses is also factored in the amount,” he added.

Babbitt, an Air Force Gulf veteran, was shot in the shoulder while attempting to illegally enter the Speaker’s Lobby, an area near to the House floor, through a smashed window beside a barricaded door.

Video shows Babbitt falling back onto the floor, bleeding. Police called for medical help and evacuated her on a stretcher. She was pronounced dead at Washington Hospital Center.

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The police lieutenant who shot Babbitt has not yet being publicly identified, but Roberts said he knows the shooter’s name and is aware of some of his police service record.

“A rookie police officer would not have shot this woman,” Roberts told Newsweek. “If she committed any crime by going through the window and into the Speaker’s Lobby, it would have been trespassing. Some misdemeanor crime. All a rookie cop would have done is arrest her.”

“And he has plenty of other officers there to assist with arrest,” he said of the shooter. “You had officers on Ashli’s side of the door in riot gear and holding submachine guns. And on the other side of the door you have another uniformed officer 6 or 8 feet away. Whose life is he saving by shooting her? … She’s not brandishing a weapon. She’s on the window ledge. And there’s no reason to think she’s armed.”

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Roberts said that he will serve a notice to the USCP “within the next 10 days” declaring his intent to file a lawsuit in Washington, D.C., federal court, Newsweek reported.