DALLAS — Note: The video above is a story from 2019.
A federal appeals court says four officers can be sued over the case of a Dallas man who died while in police custody.
Tony Timpa's death in August 2016 has been at the center of this legal fight for years. According to court documents, Timpa, 32, called 911 for help, saying he was a schizophrenic, was off his prescriptions and had taken cocaine.
In bodycam video from that night, he is seen handcuffed and face-down with officers on top of him for about 14 minutes. Timpa cries for help, then loses consciousness.
The family claims that there was excessive force used, and bystander liability.
The U.S. Court of Appeals for the Fifth Circuit ruled Wednesday that officers violated his Constitutional rights, which means they can be sued for his death.
"Not only did the judges determine that the evidence we brought show that the officers used unreasonable force -- but deadly force against a man who was not resisting at all," attorney Geoff Henley said in a statement.
At a news conference at 11 a.m. on Thursday, the Timpa family further reacted to the ruling, which they said has "vindicated" them and breathed new life into their civil action.
"I just want my day in court, for my son," said Vicki Timpa, Tony's mother. "I look forward to having the trial. I've never had closure. I've just had lies."
Court documents said that Dallas officers responded to the incident, which was considered a Crisis Intervention Training (CIT) situation. In practice, such a distinction "informs responding officers that the situation involves an individual who may be experiencing mental health issues," court documents said.
An autopsy report stated that Timpa died due to the toxic effects of cocaine and physiological stress associated with physical restraint. Timpa also had an enlarged heart, medical reports show.
"He was a good boy," Vicki Timpa said tearfully during Thursday's press conference in Dallas. "He had a good soul. He helped everybody. And nobody helped him. Why? Why?"
In 2019, three officers were indicted on misdemeanor deadly conduct charges relating to Timpa's death, but those charges were dismissed by Dallas County District Attorney John Creuzot.
The release of the bodycam footage from that night was primarily sparked by the charges being dropped.
Creuzot said in 2019 that three medical examiners declined to testify in the case.
"In our opinion, there was no crime committed, and there was no case to go forward,” Creuzot said at the time.
As of Thursday, it was not clear if the officers involved in the incident were still employed by the Dallas Police Department.
Editor's note: This story has been updated to include comment from Vicki Timpa.