Vedubin01,
Regarding the FBI incident, you have most of the story correct. The FBI stopped a car of similar description to one that was used in a armed robbery. The agents used the high risk felony vehicle stop procedures. The agents each approached the vehicle, one on each side. The one agent ordered the driver out of the vehicle. While the driver was getting out, the passenger, who was being covered by the agent with the M4, started to get out also. The first thing the passenger did was reach into the console area to release the seatbelt with his right hand. When he did this, he turned his shoulder and part of his back to the agent. The agent covering the passenger from alongside the passenger side car door saw the movement, saw the hands disappear into the console area and interpreted it as going for a weapon in the center console and fired one round. It entered the right cheek and exited the left cheek. I'm not sure if he lost some teeth, but for the most part it was a clean through and through shot. There are some other details I'm not positive about, but I think there may have been shots fired during the robbery, but I don't know for sure. If there were, it would certainly cause the agents to predispose a great potential for violence. There was also some descrepancy about the voice commands the agents were giving, but in the end the agents were wrong.
As far as being sued goes, the agents themselves can only be sued personally if they were acting outside the scope of their employment. Without getting into a whole legal discussion, given the situation, what the agents were told or knew, and the actions of the defendants, was the behavior so far outside the scope of their employment as to be unreasonable? Did the FBI agent get on the trigger a little quick? He sure did, but taking the situation as a whole, did he act outside his authority? I don't think he did. The passenger can and should sue the FBI as a whole, but the agents are protected from being sued personally.