SAN DIEGO — The family of a San Diego woman killed during the riot at the U.S. Capitol on Jan. 6 plans to sue the police department and the officer involved in her shooting death.

Terrell Roberts, an attorney for Ashli Babbitt’s family, said a lawsuit is coming and that they plan on notifying the government of it within in the next 10 days. Roberts told multiple outlets that the family will seek at least $10 million, but Babbitt’s husband Aaron Babbitt told FOX 5 that no amount has been settled on.

Video from the riot showed a Capitol police officer shoot Babbitt, a 14-year Air Force veteran, as she climbed through a busted-out window of a door leading to the Speaker’s Lobby. Members of Congress were sheltering in place past the door inside the House chamber, according to Capitol police.

Aaron Babbitt told FOX 5 in January that he sent his wife a message 30 minutes before the shooting but didn’t hear back.

Plans for the lawsuit follow an announcement on April 14 that no charges would be brought against the officer involved in the shooting. Federal prosecutors said there was insufficient evidence to support a criminal prosecution.

“Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter,” the department said in a news release.