WASHINGTON, D.C., USA — The family of Tony Timpa's civil suit case against the City of Dallas may go forward, as the Supreme Court denied review of the Fifth Circuit Court's decision regarding the case.
In December, the appeals court had ruled that DPD officers had violated Tony Timpa's Constitutional rights and may have used deadly force against him, meaning they can be sued for his death. The city then asked the Supreme Court to review the decision, arguing for qualified immunity protecting the officers.
Timpa died in August 2016 following a confrontation involving four Dallas police officers who held him face-down on the ground while he was handcuffed for 14 minutes before he fell unconscious and was later pronounced dead.
"At last!" Geoff Henley, the Timpa family's lawyer said. "The family has waited for years on this decision just to get their day in court."
The case has been pending in trial court, Henley said, but has not been given a court date yet. Timpa's family was hoping the case would be tried sometime this summer but a release from Henley stated the City Attorney's Office has been pushing to delay it by another year.
“There’s nowhere else for the City to go now—except to trial,” Henley said. “We still have a long way to go, but the road to the jury box is clear.”
According to court documents, Timpa, 32, called 911 for help in August 2016, saying he was a schizophrenic, was off his prescriptions and had taken cocaine.
The family claims that there was excessive force used, and bystander liability. The four officers at the scene were Dustin Dillard, Raymond Dominguez, Kevin Mansell and Danny Vasquez.
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.
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 officer whose footage from the body camera showed Timpa on the ground, Dillard, was recently promoted to senior corporal.
Henley said Timpa's family is expected to speak this week.