Officers Who Shot Bijan Ghaisar Sue Federal Agency: Report

McLEAN, VA — Two U.S. Park Police officers who fatally shot an unarmed McLean man in 2017 have filed a lawsuit against the federal agency that tried to fire them. The duo have been on leave since 2021, and efforts to prosecute the officers ended with a dismissal of charges.

The family of Bijan Ghaisar, the 25-year-old McLean accountant shot and killed by U.S. Park Police officers, reached a $5 million settlement with the federal government in 2023 and vowed to continue advocacy against police brutality.

The $5 million settlement was approved by a federal judge in U.S. District Court in Alexandria. The settlement came after years of the family seeking justice for Ghaisar's fatal shooting by the U.S. Park Police officers in a pursuit down the George Washington Memorial Parkway in November 2017.

Officers Lucas Vinyard and Alejandro Amaya are suing the U.S. Department of the Interior, WTOP reported, over their continued status on paid administrative leave. The lawsuit, filed in the U.S. District Court in D.C., asks a judge to order the agency to make a final determination of their actions in the Ghaisar shooting. The officers claim they are suffering “significant career and financial consequences, including damage to their reputation, loss of overtime pay, and the ongoing stress.”

In 2019, the Justice Department said it would not pursue federal charges against the officers because it could not be proved beyond a reasonable doubt that Ghaisar’s civil rights were willfully violated.

• Related: Bijan Ghaisar's Family Turns Focus To Police Brutality Cases After $5M Settlement

In 2021, the officers were notified that the Interior Department planned to terminate their employment, but no further action has been taken, WTOP said. Their lawsuit claims the “unreasonable delay in issuing a final disciplinary action has damaged the officers’ careers with the U.S. Park Police. It has caused them a loss of pay, promotion opportunities, career advancement, and has resulted in great stress and hardship.”

The Ghaisar family has expressed disappointment that the two officers involved in the shooting were not prosecuted. The family filed a wrongful death lawsuit in 2018 seeking $25 million. In 2019, the U.S. Department of Justice said it would not seek federal criminal civil rights charges against the officers, and the Department of Justice indicated in 2023 itwouldn't reopen the case.

Despite an attempt by Fairfax Commonwealth’s Attorney Steve Descano to indict the officers, a federal judge dismissed the case. The Commonwealth's appeal in the case was later dropped by Virginia Attorney General Jason Miyares.

The family's settlement with the federal government awarded $1.25 million in legal fees, according to the filing. Parents James and Kelly Ghaisar said they would distribute the remaining $3.75 million to various charities.

In a statement, the Ghaisar family explained the reasoning behind the settlement.

"After years of seeking justice within our legal system, we deeply understand that our system is broken and needs to be fixed," the family said. "Rather than continue to fight against a broken system that fails to hold most rogue police officers accountable for acts of brutality, we have agreed to a settlement — the proceeds of which will go to The Bijan Ghaisar Foundation and other charitable causes."

The family said there has already been progress in U.S. Park Police introducing a body camera requirement for officers.

The family said the public would not have known how the fatal shooting of Ghaisar unfolded if not for dashcam footage released by Fairfax County police. That department, which responded to assist U.S. Park Police, had dashcam footage showing police tried to pull Ghaisar’s car over twice on reports of a hit-and-run accident near Alexandria. Both times, Officers Vinyard and Amaya appeared to approach Ghaisar’s car with weapons drawn, and each time he drove away.

The chase ended at Alexandria Avenue and Fort Hunt Road, when the officers fired at Ghaisar’s car as he sped away. The gunshots stopped the car, and caused it to nearly flip over. Ghaisar was struck 10 times with bullets, and died 10 days after the shooting from gunshot wounds to the head, according to his family.

Ghaisar had left the scene of a crash in which his vehicle was rear-ended by a rideshare driver on the parkway at George Washington Memorial Parkway and Slaters Lane in Alexandria. His family said he was unarmed during the pursuit.