Benjamin Del Real Jr., a 25-year-old Kansas man, is pursuing legal action against the Secret Service after he was injured during a shootout between federal agents and an unrelated armed individual near the White House complex this spring. Attorneys for Del Real announced at a press conference on Tuesday that they intend to file an administrative claim against the federal agency, alleging negligence in how agents responded to the incident.
The shooting occurred when Secret Service personnel encountered an individual displaying a weapon outside the secure perimeter of the White House grounds. During the exchange of gunfire between agents and the armed individual, Del Real was struck by stray fire, according to his legal team. The circumstances surrounding the initial encounter that triggered the shootout remain under investigation.
What the Left Is Saying
Civil liberties advocates and some Democratic lawmakers have pointed to this case as an example of why increased oversight of federal law enforcement agencies is necessary. Rep. Jamie Raskin (D-Md.) has previously advocated for stronger protocols governing agent responses in populated areas near sensitive locations, arguing that bystander safety should be a primary consideration in tactical decision-making.
Organizations including the American Civil Liberties Union have noted that legal claims against federal agencies can take years to resolve and often result in limited compensation. The ACLU has called for comprehensive reviews of Secret Service rules of engagement when civilians are present in proximity to protective details, arguing that current guidelines may not adequately account for collateral risk to uninvolved individuals.
"When federal agents engage armed threats near populated areas, there must be clear protocols to prevent innocent bystanders from becoming casualties," said a spokesperson for the ACLU's Washington legislative office. "This case highlights gaps in accountability structures."
What the Right Is Saying
Conservative commentators and Republican lawmakers have largely defended the Secret Service's actions, emphasizing that agents faced an active threat situation requiring immediate response. Rep. James Comer (R-Ky.), chairman of the House Oversight Committee, has stated that preliminary reviews indicate agents acted within established emergency protocols when confronting the armed individual.
Law enforcement advocacy groups including the Fraternal Order of Police have argued that second-guessing split-second tactical decisions by protective agents sets a dangerous precedent. These groups contend that holding officers to standards applied after-the-fact could compromise their ability to respond effectively to genuine threats against protectees.
"Secret Service agents are trained to neutralize active shooter situations rapidly and decisively," said a statement from the National Association of Police Organizations. "Criticizing their response in hindsight ignores the chaotic nature of armed confrontations."
What the Numbers Show
The Secret Service Protective Operations Division conducts thousands of protective visits annually, with agency reports indicating an average of 12 to 18 incidents per year involving weapons or threats near protected sites that require agent response. Federal Tort Claims Act settlements against federal law enforcement agencies averaged $42 million annually over the past five fiscal years, according to Government Accountability Office data.
Administrative claims filed under the Federal Tort Claims Act must be submitted within two years of an incident and allow plaintiffs up to six months after agency denial to file suit in federal court. The Secret Service has not publicly commented on pending litigation strategy or whether settlement discussions have occurred in this matter.
The Bottom Line
The administrative claim filed by Del Real's attorneys initiates the formal process required before any potential lawsuit against a federal agency can proceed under the Federal Tort Claims Act. The case is expected to focus on whether Secret Service protocols adequately account for civilian safety when agents engage armed individuals near public spaces adjacent to protected facilities.
Secretaries of the Department of Homeland Security, which oversees the Secret Service, will have 180 days to respond to the administrative claim before Del Real's legal team can proceed with federal court action. The outcome could influence how protective service guidelines address bystander risk in urban environments surrounding high-profile government installations.