A Secret Service lawsuit could move forward after Clifford Law Offices filed a Notice of Claim for a tourist injured in a shooting outside the White House. The filing marks the first legal step toward seeking damages from the federal government. It also raises important questions about government accountability when law enforcement actions injure innocent bystanders.
The claim centers on Benjamin Del Real, a 25-year-old U.S. Army private first class visiting Washington, D.C. He suffered gunshot injuries during a Secret Service response near the White House. Although investigators continue reviewing the incident, the case has already drawn attention from legal professionals. It involves federal liability, the Federal Tort Claims Act, and security at one of the nation’s most protected locations.
Key Takeaways
- Clifford Law Offices filed a Notice of Claim against the U.S. Secret Service.
- The claim involves Benjamin Del Real, an Army private injured during a shooting outside the White House.
- The filing is the first legal step before a potential federal lawsuit.
- Investigators have not publicly confirmed whose gunfire struck Del Real.
- The case proceeds under the Federal Tort Claims Act.
- Ballistics testing and forensic evidence remain central to the investigation.
- The lawsuit raises broader questions about federal government liability during law enforcement operations.
What Led to the Secret Service Lawsuit?
According to Clifford Law Offices, the firm has filed a Notice of Claim against the U.S. Secret Service on behalf of Del Real. The filing protects his legal rights while the federal government reviews the allegations. After that review, he may pursue a civil lawsuit.
Authorities say the incident occurred on May 23 near the White House. They say 21-year-old Nasire Best approached a Secret Service security checkpoint and opened fire. Secret Service officers returned fire, killing the gunman during the exchange.
Meanwhile, Del Real visited Washington, D.C., as a tourist. He suffered serious gunshot injuries during the exchange. He later underwent emergency surgery and continues receiving medical treatment during his recovery.
Investigators have not publicly determined whose bullet struck Del Real. As a result, forensic testing and ballistics analysis remain central to the ongoing investigation.
Clifford Law Offices Begins Federal Claims Process
Unlike a traditional personal injury lawsuit, claims against the federal government must follow strict procedural requirements.
Therefore, Clifford Law Offices first filed a Notice of Claim under the Federal Tort Claims Act (FTCA). This filing allows the federal government to investigate the allegations before litigation begins.
Attorney Joseph T. Murphy represents Del Real. Murphy is a partner at Clifford Law Offices and a former U.S. Army captain. According to the firm, attorneys continue reviewing evidence. They are also working with investigators to determine exactly how the shooting unfolded.
Furthermore, the firm said Del Real plans to speak publicly with his legal team. The scheduled press conference will focus on the case and his recovery.
Federal Tort Claims Act
The Federal Tort Claims Act allows people to seek compensation from the federal government. It applies when government employees allegedly cause injuries while performing official duties.
However, the law requires claimants to complete an administrative claims process before filing suit in federal court. Agencies often use this period to review evidence and interview witnesses. They also decide whether to resolve the claim without litigation.
If the government denies the claim or fails to respond within the statutory period, the claimant may proceed with a federal lawsuit.
Consequently, the Notice of Claim marks only the first stage of the legal process. A federal lawsuit may follow.
Investigation Section
Authorities continue investigating every aspect of the shooting.
The Metropolitan Police Department’s Internal Affairs Division is reviewing the use of force. Investigators are gathering witness statements, surveillance footage, forensic evidence, and ballistic reports.
Additionally, prosecutors will review the findings. They will then decide whether further legal action is necessary.
Investigators still need to determine who fired the bullet that struck Del Real. They are examining whether it came from the suspect or responding officers.
Until investigators complete their forensic review, that issue remains unresolved.
Why the Case Matters
The lawsuit extends beyond one personal injury claim.
Instead, it highlights the unique legal standards governing lawsuits against federal agencies. Lawsuits against the federal government differ from cases involving private defendants. They involve sovereign immunity rules, administrative procedures, statutory deadlines, and specialized federal court practice.
Consequently, legal professionals will closely watch how investigators handle forensic evidence and how the government responds to the Notice of Claim.
The case also shows how experienced law firms manage high-profile disputes involving federal agencies and national security locations.
Recruiters and law students can also learn from this dispute. It highlights civil litigation, government liability, trial strategy, and personal injury claims against federal defendants.
Government Liability
The shooting also raises broader public policy questions.
Courts often examine whether government agencies acted reasonably when law enforcement responses injure innocent bystanders.
Furthermore, attorneys rely on forensic experts, eyewitness testimony, body camera footage, surveillance video, and ballistics analysis to establish liability.
Because the shooting occurred outside the White House, public interest in the investigation remains exceptionally high.
As investigators gather more evidence, the case could become an important example of federal liability after emergency law enforcement responses.
What Happens Next?
The federal government will review the Notice of Claim. It will then decide whether to resolve the matter administratively or deny the allegations.
If the government denies the claim, Clifford Law Offices may file a federal lawsuit. The firm may also sue if the review period expires without a resolution.
Meanwhile, investigators will continue reviewing forensic evidence. Their findings could explain how the shooting unfolded and who bears legal responsibility.
The outcome could influence future claims involving federal agencies, innocent bystanders, and law enforcement use-of-force investigations.
FAQs
Why did Clifford Law Offices file a Notice of Claim?
The Notice of Claim preserves the client’s right to seek compensation under the Federal Tort Claims Act before filing a lawsuit against the federal government.
Who is Benjamin Del Real?
Benjamin Del Real is a 25-year-old active-duty U.S. Army private first class. He was visiting Washington, D.C., when he suffered serious injuries during the White House shooting.
Why can’t the lawsuit be filed immediately?
Federal law generally requires claimants to complete the administrative claims process before filing a lawsuit against the U.S. government.
Has the Secret Service admitted responsibility?
No. Officials have not publicly determined whether Secret Service gunfire caused Del Real’s injuries, and the investigation remains ongoing.
What is the Federal Tort Claims Act?
The Federal Tort Claims Act allows individuals to pursue certain negligence claims against the federal government after completing required administrative procedures.
What evidence will be important in the case?
Ballistics reports, forensic evidence, surveillance video, witness testimony, and investigative findings are expected to play significant roles.
What happens after the Notice of Claim?
The federal government reviews the claim. If it denies the claim or does not resolve it within the required time, the claimant may file a lawsuit in federal court.
Why is this case significant?
Benjamin Del Real is a 25-year-old active-duty U.S. Army private first class. He was visiting Washington, D.C., when he suffered serious injuries during the White House shooting.
Looking for litigation, government, or federal law careers? Explore the latest legal jobs at
LawCrossing today.
See Related Articles:
The post
Secret Service Sued Over White House Tourist Shooting first appeared on
JDJournal Blog.
