According to a federal appeals court, four officers can be sued for the death of Tony Timpa, a Dallas man who died while in police custody.
Since August 2016, Tony Timpa’s death has been surrounded by a legal battle. Documents state that the 32-year-old called 911 seeking help for his schizophrenia and said he was off of his medication and taking cocaine.
Police bodycam footage shows that Timpa was handcuffed, face-down, while officers kneeled on top of him for 14 minutes. Before losing consciousness, he cried for help. Timpa’s family sought to sue the officers, claiming they used excessive force.
On Wednesday, The US Court of Appeals for the Fifth Circuit ruled the officers violated Timpa’s Constitutional rights.
Attorney Geoff Henley said in a statement, “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.”
The Dallas officers were responding to a Crisis Intervention Training (CIT) situation at the time of the incident. Court documents state the (CIT) call “informs responding officers that the situation involves an individual who may be experiencing mental health issues.”
An autopsy report stated that Timpa’s death was due to physiological stress exacerbated by the toxic effects of cocaine and physical restraint. Medical reports also show that he had an enlarged heart.
Dallas County District Attorney John Creuzot dismissed charges against three officers involved who were indicted on misdemeanor deadly conduct charges in 2019. “In our opinion, there was no crime committed, and there was no case to go forward,” said Creuzot.