The relatives of a 25-year-old accountant killed by the U.S. Park Police in November have filed a $25 million wrongful death lawsuit, a lawyer for the family said at a press conference on Friday.
“What is the U.S. Park Police hiding from the family and the public? What is the Department of Justice hiding?” asked Roy Austin. The suit is “the only way for them to get answers and some semblance of justice.”
Bijan Ghaisar was shot by two U.S. Park Police officers on November 17 in circumstances that remain murky.
Ghaisar was apparently involved a minor traffic accident—he was the victim of a minor fender bender, Austin noted—and then pursued along George Washington Memorial Parkway by the Park Police, with an assist from Fairfax County Police Department officers.
The Park Police and the FBI, which took over the investigation three days after the shooting, have provided few details. Most of what is known about the encounter comes from a video released by Fairfax Police Chief Edwin Roessler.
The footage, captured by a Fairfax County officer’s in-vehicle camera, shows Ghaisar stopping the vehicle on two occasions and then pulling away after Park Police officers approach with guns drawn. The third time Ghaisar’s car stops on a neighborhood street and then begins to roll, an officer fires multiple shots within seconds. Another officer approaches and a second round of shots are heard. As the car falls down an embankment, two more shots are fired.
Ghaisar was in a coma for nine days before he was taken off life support; he died 10 hours later, according to the suit. It alleges nine shots were fired, four of which struck Ghaissar in the left side of his head and one hit his right wrist.
Since then, the family has filed FOIA requests and publicly protested in search of answers: Who were the officers involved? Why did they use deadly force? When will they learn if the officers would be charged with a crime? What was Bijan Ghaisar under arrest for?
“Eight and a half months later, we have no answers,” Kelly Ghaisar, Bijan’s mother, said on Friday. “There is no accountability. There are no names.”
James Ghaisar fought tears as he described his son to the media. “I watched my beautiful little boy grow up to be a bright, happy, handsome young man, full of love and life,” he said, emphasizing how much Bijan Ghaisar hated guns. The family says that he was unarmed during the traffic stop and shooting.
The lawsuit was filed in U.S. District Court against the United States and an unknown number of Park Police officers. It alleges false arrest, infliction of emotional distress, and excessive force among the complaints.
The Park Police, which has previously said the two officers remain on administrative leave, said it is “aware” of the suit. “At this time, we have been advised not to comment on any current or pending litigation,” a spokesman said via email.
“No family should be left in the dark about how and why their child died the way this family has been left in the dark,” Austin said on Friday, outlining how little they were told in the immediate wake of the shooting, how they were restricted from being at his bedside, and the continued lack of answers. “What is downright cruel is the way they have been treated.”
According to the lawsuit, the Park Police didn’t notify Bijan Ghaisar’s parents about the shooting until five hours after it occured, and James and Kelly Ghaisar only learned that their son had been shot by officers when they saw it on a TV news report in the hospital waiting room. For three days, as Ghaisar lay in a coma, the family was restricted to one or two visitors at a time, for a window of 10 minutes per hour; Park Police officers said the restrictions were in place because Ghaisar was “under arrest” and his body was considered evidence, the suit alleges.
This story has been updated with a response from the U.S. Park Police.
Rachel Sadon