The City of Dallas is asking the U.S. Supreme Court to stop Tony Timpa’s family from filing a civil case against the Dallas officers allegedly involved in his death after the Fifth Circuit Court of Appeals ruled in February that the suit could proceed.
According to The Dallas Morning News, Geoff Henley, attorney for Timpa’s mother, responded to the City’s filing with the supreme court, saying it “manifests more desperation” than he would typically see from the city.
“We’re furious,” Henley said. “It’s been six years, almost. I communicate with the Timpas weekly and many times daily. It’s frequent. They want their day in court. They have wanted their day in court.”
The Dallas City Attorney’s Office did not immediately release any statement regarding the latest appeal.
As reported by The Dallas Express, the Fifth Circuit Court of Appeals ruled on February 4 that Timpa’s family could proceed with their lawsuit after their first attempt at suing the officers involved failed in 2020.
According to court documents, Timpa died in police custody on August 10, 2016, after he called 911 from a parking lot in Dallas, saying he needed help and was afraid of a man with him.
Upon arrival, Dallas Police found Timpa, who told them he had bipolar disorder, anxiety, and schizophrenia, walking in traffic. Timpa also advised the officers he had not taken his medications that day.
Bodycam footage showed officers restrained Timpa by pinning him to the ground for over 14 minutes before discovering he had died.
The Dallas County Medical Examiner who conducted Timpa’s autopsy ruled that he died from “sudden cardiac death due to the toxic effects of cocaine and physiological stress associated with physical restraint.”
Timpa’s family accused Dallas Police officer Dustin Dillard of using excessive force by pressing his knee into Timpa’s back. The family also accused officers Danny Vasquez, Domingo Rivera, Senior Corporal Raymond Dominguez, and Sergeant Kevin Mansell of failing to save Timpa from Dillard.