Appeals Court: Suit May Proceed Over Texas Death in Custody
A federal appeals court has overturned a lower court's ruling and said a family's lawsuit can proceed over the 2016 death of a Dallas man in police custodyThe family of a Dallas man who died in police custody five years ago can proceed with their lawsuit against four officers, a federal appeals court ruled in an opinion filed Friday that overturned a lower court's ruling.
Godbey had thrown out the lawsuit brought by the family of Tony Timpa, ruling that the officers were protected from liability in Timpa's 2016 death by the qualified immunity doctrine. The doctrine shields officers from liability for the legal performance of their duties. According to court documents, Timpa called 911 on Aug. 10, 2016, from a Dallas parking lot and said he was afraid and needed help, telling a dispatcher he suffered from schizophrenia and depression and was off his medication. Officers arrived to find him walking in traffic.
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