Soldier Sues Secret Service
Wounded Soldier Files Claim to Sue Secret Service Over White House Shooting
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An active-duty soldier shot near the White House on Memorial Day weekend is now taking legal action against the Secret Service. Pfc. Benjamin Del Real Jr., 25, was hit in the abdomen during a shooting near a Secret Service checkpoint on May 23, according to WTOP. His attorneys believe a Secret Service agent's bullet struck him — not the gunman's.
Del Real's attorney, Joseph Murphy, has filed a $25 million personal injury claim against the federal government, The Morning Journal reported. That filing is a required legal step before a lawsuit can be brought against a federal agency.
How Del Real Was Shot Outside the White House
The shooting happened on May 23 near a Secret Service checkpoint close to the White House. The gunman, 21-year-old Nasire Best, opened fire and was killed in the exchange of gunfire with Secret Service agents, according to WTOP. Del Real, who was in the area as a bystander, was caught in the crossfire.
Del Real's attorneys say surveillance video — reviewed by a source familiar with the footage — shows that Secret Service gunfire struck their client, not Best's shots. The Secret Service has not publicly confirmed who fired the bullet that hit Del Real.
Del Real Lost Parts of His Intestines and Faces More Surgery
The bullet caused severe internal damage. Del Real lost parts of his colon and small intestine, according to Delco Times. He has already undergone multiple surgeries and is expected to need more procedures in the future.
The injuries are life-altering for a young soldier. His attorney, Murphy, raised concerns about what the wounds mean for Del Real's Army career. An abdominal injury of this severity could end or severely limit his military service.
The $25 Million Claim Against the Secret Service Explained
Murphy filed a notice of a personal injury claim — the required first step before suing a federal agency, according to EP Trail. The claim is filed under the Federal Tort Claims Act, a law that allows people to sue the U.S. government for negligence by its employees.
The claim is set at $25 million. Murphy argued that Secret Service agents failed Del Real by not ensuring the area was clear of bystanders before opening fire. If the agency rejects the claim or does not respond within six months, Del Real can then file a formal lawsuit in federal court.
A Soldier's Future Now Depends on the Government's Response
Del Real is an active-duty private first class. His attorney says the shooting has put both his health and his military future at risk, according to Journal Advocate. Murphy has called the situation a failure by the Secret Service to protect an innocent bystander near one of the most secured locations in the country.
The Secret Service has not made a public statement in response to the claim. Del Real's legal team says they intend to move forward with a lawsuit if the government does not act. His case could set a precedent for how Secret Service agents are held accountable when bystanders are hurt during law enforcement action.
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