NEW YORK (PIX11) -- A Brooklyn family is set to sue the MTA for $28.5 million, alleging that a transit worker took and shared a photo of their dying loved one on social media. 

The grief of the husband's murder was intensified after images of his final moments on the No. 3 train surfaced on social media and then shared with Jakeba Dockery.

"It was just... breathtaking," Dockery recalled.

Crime scene photos of Richard Henderson were allegedly snapped and shared by MTA workers, according to attorneys representing Dockery.

"The MTA is liable for the act of its employees," said attorney Sanford Rubenstein, "Instead of taking pictures, the MTA employee should have done something about getting him medical care."

Dockery is speaking out for the first time since the January subway shooting in Brooklyn, seeking justice from the shooter and for her family and children.

"They shouldn't have seen their father for the last time laying in his blood," said Dockery.

The family is following Vanessa Bryant's lead, who won similar damages in Los Angeles following Kobe's death and leaked photos in 2020.

In an internal memo obtained by PIX11 following the alleged incident, MTA officials condemned any photo-sharing, citing agency policy and standards. However, they are investigating the validity of the claims.

"If MTA staff were involved in distributing a photo or taking a photo and sending it to others and putting it on the web, it's a heartless thing," said MTA Chairman and CEO Janno Lieber

California has since passed a law making it illegal to share crime scene photos in a public forum. Sanford Rubenstein hopes this planned litigation sends a similar message to Albany.

The NYPD has released images of the suspected shooter but has yet to identify that person or make any arrests.