Case: Timpa v. Dillard

3:16-cv-03089 | U.S. District Court for the Northern District of Texas

Filed Date: Nov. 3, 2016

Closed Date: May 15, 2024

Clearinghouse coding complete

Case Summary

(This summary is temporary, while we research the case.) This case involved the death of an individual who died in policy custody in Dallas, Texas. The complaint alleged that the officers violated the Fourth Amendment by using excessive force, when they placed the individual face down on the ground and restrained him for several minutes despite his pleas for help and statements that he could not breathe. The individual lost consciousness and later passed away at the hospital.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13515242/parties/timpa-v-the-city-of-dallas/


Judge(s)
Attorney for Plaintiff

Addison, Robert Lane (Texas)

Attorney for Defendant

Bright, Gerald V (Texas)

Butler, Clark S (Texas)

Butt, James Carroll (Texas)

Craft, David L (Texas)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

3:16-cv-03089

Plaintiffs' Original Complaint

Timpa v. The City of Dallas

Nov. 3, 2016

Nov. 3, 2016

Complaint
5

3:16-cv-03089

Plaintiffs' First Amended Original Complaint

Timpa v. The City of Dallas

Dec. 2, 2016

Dec. 2, 2016

Complaint
36

3:16-cv-03089

Plaintiffs' Second Amended Complaint

April 20, 2017

April 20, 2017

Complaint
78

3:16-cv-03089

Plaintiffs' Third Amended Complaint

Oct. 4, 2017

Oct. 4, 2017

Complaint
173

3:16-cv-03089

Memorandum Opinion and Order

July 6, 2020

July 6, 2020

Order/Opinion

2020 WL 3798875

202

3:16-cv-03089

Plaintiffs' Fourth Amended Complaint

Oct. 5, 2022

Oct. 5, 2022

Complaint
209

3:16-cv-03089

Order

Dec. 7, 2022

Dec. 7, 2022

Order/Opinion
364

3:16-cv-03089

Order Granting Stipulation of Dismissal and Approval of Settlement

May 15, 2024

May 15, 2024

Order/Opinion
365

3:16-cv-03089

Memorandum Opinion and Order

June 11, 2024

June 11, 2024

Order/Opinion

2024 WL 2967339

366

3:16-cv-03089

Final Judgment

June 11, 2024

June 11, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13515242/timpa-v-the-city-of-dallas/

Last updated May 17, 2025, 3:32 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT WITH JURY DEMAND against The City of Dallas, Lone Starr Multi-Theatres Ltd, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5 filed by Vicki Tampa, KT. (Filing fee $400; Receipt number 0539-7982096) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Addison, Robert) Modified parties on 11/3/2016 (sss). (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

Clearinghouse
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by KT, Vicki Timpa. (Addison, Robert) Modified parties on 11/3/2016 (sss). (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
3

ADDITIONAL ATTACHMENTS (Civil Cover Sheet) to 1 Complaint by Plaintiffs KT, Vicki Timpa. (Addison, Robert) Modified parties on 11/3/2016 (sss). (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
4

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (sss) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
5

AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Vicki Timpa, KT, Cheryll Timpa. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Addison, Robert) Modified text on 12/5/2016 (sss). (Entered: 12/02/2016)

1 Exhibit(s) 1

View on PACER

2 Exhibit(s) 2

View on PACER

Dec. 2, 2016

Dec. 2, 2016

Clearinghouse
6

Request for Clerk to issue SUMMONS FOR DEFENDANT CITY OF DALLAS filed by Cheryll Timpa, Vicki Timpa. (Addison, Robert) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
7

Request for Clerk to issue SUMMONS FOR DEFENDANT LONE STAR MULTI-THEATRES, LTD dba NEW FINE ARTS filed by Cheryll Timpa, Vicki Timpa. (Addison, Robert) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
8

Summons Issued as to Lone Star Multi-Theatres Ltd, The City of Dallas. (axm) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
9

SUMMONS Returned Executed as to Lone Star Multi-Theatres Ltd ; served on 12/27/2016. (Henley, Geoff) Modified on 1/3/2017 to correct date (dss). (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
10

SUMMONS Returned Executed as to The City of Dallas ; served on 12/27/2016. (Henley, Geoff) Modified on 1/3/2017 to correct date (dss). (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
11

ANSWER to 1 Complaint,,,, filed by Lone Star Multi-Theatres Ltd. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Nelson, Randy) (Entered: 01/16/2017)

Jan. 16, 2017

Jan. 16, 2017

RECAP
12

CERTIFICATE OF INTERESTED PERSONS by Lone Star Multi-Theatres Ltd. (Nelson, Randy) (Main Document 12 replaced with flattened image on 1/18/2017) (rekc). (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
13

***WITHDRAWN PER 31 ORDER***ANSWER to 5 Amended Complaint filed by Lone Star Multi-Theatres Ltd. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Michael A Miller added to party Lone Star Multi-Theatres Ltd(pty:dft) (Miller, Michael) Modified docket text on 3/31/2017 (bdb). (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

RECAP
14

MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by The City of Dallas with Brief/Memorandum in Support. Attorney James Carroll Butt added to party The City of Dallas(pty:dft) (Butt, James) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

RECAP
15

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The City of Dallas. (Butt, James) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
16

ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE. (Ordered by Judge David C Godbey on 1/17/2017) (rekc) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
17

Proposal for contents of scheduling and discovery order Parties' Joint Report Regarding Contents of Scheduling Order after 26(f) Conference by Cheryll Timpa. (Addison, Robert) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

RECAP
18

Unopposed MOTION to Withdraw as Attorney, Unopposed MOTION to Withdraw 13 ANSWER to 5 Amended Complaint filed by Lone Star Multi-Theatres Ltd (Attachments: # 1 Proposed Order) (Miller, Michael) Modified text and document linkage on 2/1Modified on 2/13/2017 (ykp). Modified on 2/21/2017 to terminate motion(ash). (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
19

SCHEDULING ORDER: This case is set for trial on March 5, 2018, and the setting is for a one week docket. (Ordered by Judge David C Godbey on 2/10/2017) (ash) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
20

RESPONSE filed by Cheryll Timpa re: 14 MOTION to Dismiss Pursuant to Rule 12(b)(6) (Addison, Robert) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
21

REPLY filed by The City of Dallas re: 14 MOTION to Dismiss Pursuant to Rule 12(b)(6) (Butt, James) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
22

NOTICE of Dismissal of Defendant City of Dallas filed by Vicki Timpa (Addison, Robert) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
23

NOTICE of EXECUTED SUBPOENA OF CUSTODIAN OF RECORDS FOR DALLAS COUNTY MEDICAL EXAMINER OFFICE filed by Cheryll Timpa, Vicki Timpa (Henley, Geoff) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
24

NOTICE of EXECUTED SUBPOENA ON CUSTODIAN OF RECORDS FOR DALLAS COUNTY MEDICAL EXAMINER OFFICE filed by Cheryll Timpa, Vicki Timpa (Henley, Geoff) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
25

NOTICE of EXECUTED SUBPOENA ON DR. EMILY OGDEN WITH DALLAS COUNTY MEDICAL EXAMINER OFFICE-FOR AUTOPSY REPORT filed by Cheryll Timpa, Vicki Timpa (Henley, Geoff) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
26

NOTICE of EXECUTED SUBPOENA DUCES TECUM TO CUSTODIAN OF RECORDS FOR CITY OF DALLAS FIRE DEPARMENT filed by Cheryll Timpa, Vicki Timpa (Henley, Geoff) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
27

NOTICE of EXECUTED SUBPOENA DUCES TECUM TO CUSTODIAN OF RECORDS FOR CITY OF DALLAS POLICE DEPARTMENT filed by Cheryll Timpa, Vicki Timpa (Henley, Geoff) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
28

NOTICE of EXECUTED SUBPOENA OF DR. EMILY OGDEN-PHOTOS AND VIDEOS filed by Cheryll Timpa, Vicki Timpa (Henley, Geoff) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
29

MOTION for Protective Order Under Fed.R.Civ.P. 26(c) and Brief In Support filed by Emily Ogden, The Southwest Institute of Forensic Science with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Protective). Party Dr. Emily Ogden added. (Fourt, Ashley) (Entered: 03/17/2017)

1 Proposed Order Protective

View on RECAP

March 17, 2017

March 17, 2017

RECAP
30

RESPONSE filed by Cheryll Timpa, Vicki Timpa re: 29 MOTION for Protective Order Under Fed.R.Civ.P. 26(c) and Brief In Support (Henley, Geoff) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
31

ELECTRONIC ORDER granting 18 Unopposed MOTION to Withdraw as Attorney, Unopposed MOTION to Withdraw 13 ANSWER to 5 Amended Complaint filed by Lone Star Multi-Theatres Ltd. Michael A. Miller and Clark S. Butler of The Miller Law Firm are hereby withdrawn as counsel for Defendant Lone Star Multi-Theatres, Ltd., d/b/a New Fine Arts. Document 13 ANSWER to 5 Amended Complaint is hereby withdrawn. (Ordered by Judge David C Godbey on 3/31/2017) (bdb) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
32

MOTION for Protective Order filed by The City of Dallas with Brief/Memorandum in Support. (Butt, James) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

RECAP
33

PROTECTIVE ORDER (Ordered by Judge David C Godbey on 4/14/2017) (ash) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

RECAP
34

Plaintiffs' Unopposed Motion for Leave to File Second Amended Complaint filed by Vicki Timpa with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Addison, Robert) Modified text on 4/17/2017 (epm). (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
35

ELECTRONIC ORDER granting 34 Motion to Amend/Correct. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) Clerk to file Second Amended Complaint filed as Exhibit A. (Ordered by Judge David C Godbey on 4/20/2017) (chmb) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
36

SECOND AMENDED COMPLAINT WITH JURY DEMAND against Dustin Dillard, Danny Vasquez, Raymond Dominguez, Domingo Rivera, Kevin Mansell, Glenn Johnson, Criminal Investigative Unit LLC filed by All Plaintiffs. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (sss) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

Clearinghouse
37

ORDER re Defendant's 29 Motion for Protective Order: An expedited hearing is scheduled in this case on Monday, 4/24/2017 at 4:00 PM in US Courthouse, Courtroom 1505, 1100 Commerce St., Dallas, TX 75242-1310 before Judge David C Godbey. It is further ORDERED that no reply brief will be permitted. No evidence will be received at this hearing. If the Court determines that an evidentiary hearing is needed, it will be scheduled by further order. (Ordered by Judge David C Godbey on 4/20/2017) (twd) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
38

***Summons not issued by clerk's office*** SUMMONS Returned as to Dustin Dillard ; served on 4/27/2017. (Henley, Geoff) Docket text modified on 4/28/2017 (twd). Modified on 4/28/2017 (twd). (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
39

Summons Issued as to Criminal Investigative Unit LLC, Dustin Dillard, Raymond Dominguez, Glenn Johnson, Kevin Mansell, Domingo Rivera, Danny Vasquez. (axm) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
40

ELECTRONIC ORDER finding as moot 29 Motion for Protective Order. Parties cancelled hearing regarding motion for protective order as the motion has been resolved. (Ordered by Judge David C Godbey on 5/9/2017) (chmb) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
41

SUMMONS Returned Executed as to Crime Investigative Unit LLC; served on 5/1/2017. (Henley, Geoff) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
42

SUMMONS Returned Executed as to Dustin Dillard; served on 5/4/2017. (Henley, Geoff) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
43

SUMMONS Returned Executed as to Raymond Dominguez; served on 5/3/2017. (Henley, Geoff) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
44

SUMMONS Returned Executed as to Glenn Johnson; served on 5/1/2017. (Henley, Geoff) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
45

SUMMONS Returned Executed as to Danny Vasquez; served on 5/2/2017. (Henley, Geoff) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
46

SUMMONS Returned Executed as to Domingo Rivera; served on 5/4/2017. (Henley, Geoff) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
47

SUMMONS Returned Executed as to Kevin Mansell; served on 5/1/2017. (Henley, Geoff) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
48

STIPULATION OF DISMISSAL of wrongful death and survival action, against Defendants Dustin Dillard, Danny Vasquez, Domingo Rivera, Kevin Mansell, and Raymond Dominguez by Cheryll Timpa, Vicki Timpa. (Addison, Robert) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
49

ELECTRONIC ORDER finding as moot 14 Motion to Dismiss per 22 . (Ordered by Judge David C Godbey on 5/11/2017) (chmb) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
50

ANSWER to 36 Amended Complaint, with Jury Demand filed by Kevin Mansell. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney James Carroll Butt added to party Kevin Mansell(pty:dft) (Butt, James) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
51

ANSWER to 36 Amended Complaint,, with Jury Demand filed by Danny Vasquez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney James Carroll Butt added to party Danny Vasquez(pty:dft) (Butt, James) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
52

ANSWER to 36 Amended Complaint, with Jury Demand filed by Raymond Dominguez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney James Carroll Butt added to party Raymond Dominguez(pty:dft) (Butt, James) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
53

ANSWER to 36 Amended Complaint, with Jury Demand filed by Dustin Dillard. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney James Carroll Butt added to party Dustin Dillard(pty:dft) (Butt, James) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
54

ANSWER to 36 Amended Complaint, with Jury Demand filed by Domingo Rivera. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney James Carroll Butt added to party Domingo Rivera(pty:dft) (Butt, James) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
55

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Dustin Dillard, Raymond Dominguez, Kevin Mansell, Domingo Rivera, Danny Vasquez. (Butt, James) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
56

AFFIDAVIT EXECUTED SUBPOENA DUCES TECUM TO CUSTODIAN OF RECORDS, MARY ABBOT, SOUTHWEST INSTITUTE OF FORENSIC SERVICES by Cheryll Timpa, Vicki Timpa. (Henley, Geoff) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
57

Unopposed MOTION for Leave to File Plea in Intervention filed by Joe Timpa (Attachments: # 1 Exhibit(s) Plea in Intervention, # 2 Proposed Order). Party Joe Timpa added. (Hutchison, Susan) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
58

NOTICE of Attorney Appearance by Tatia R Wilson on behalf of Dustin Dillard, Raymond Dominguez, Kevin Mansell, Domingo Rivera, Danny Vasquez. (Filer confirms contact info in ECF is current.) (Wilson, Tatia) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
59

NOTICE of Attorney Appearance by Tatia R Wilson for Jennifer C. Huggard on behalf of Dustin Dillard, Raymond Dominguez, Kevin Mansell, Domingo Rivera, Danny Vasquez. (Wilson, Tatia) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
60

MOTION to Stay Proceedings Under the Servicemembers Civil Relief Act filed by Dustin Dillard with Brief/Memorandum in Support. (Wilson, Tatia) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
61

Appendix in Support filed by Dustin Dillard re 60 MOTION to Stay Proceedings Under the Servicemembers Civil Relief Act (Attachments: # 1 Affidavit(s) of Dustin Dillard and Tatia R. Wilson) (Wilson, Tatia) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
62

RESPONSE AND OBJECTION filed by Cheryll Timpa re: 60 MOTION to Stay Proceedings Under the Servicemembers Civil Relief Act (Attachments: # 1 Cover Sheet, # 2 Exhibit(s), # 3 Cover Sheet, # 4 Exhibit(s)) (Henley, Geoff) (Entered: 07/19/2017)

2

View on RECAP

July 19, 2017

July 19, 2017

PACER
63

RESPONSE AND OBJECTION filed by Vicki Timpa re: 60 MOTION to Stay Proceedings Under the Servicemembers Civil Relief Act (Attachments: # 1 Cover Sheet, # 2 Exhibit(s), # 3 Cover Sheet, # 4 Exhibit(s)) (Henley, Geoff) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
64

ORDER granting 57 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge David C Godbey on 7/21/2017) (aaa) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
65

INTERVENOR COMPLAINT against Criminal Investigative Unit LLC, Dustin Dillard, Raymond Dominguez, John Doe #5, Glenn Johnson, Domingo Rivera, Danny Vasquez filed by Joe Timpa. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (aaa) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
66

REPLY filed by Dustin Dillard re: 60 MOTION to Stay Proceedings Under the Servicemembers Civil Relief Act (Attachments: # 1 Declaration(s) of Tatia R. Wilson) (Wilson, Tatia) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
67

ANSWER to 65 Intervenor Complaint, with Jury Demand filed by Dustin Dillard, Raymond Dominguez, Kevin Mansell, Domingo Rivera, Danny Vasquez. (Wilson, Tatia) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
68

Request for Clerk to issue ORDER ON ENTRY OF DEFAULT ON DEFENDANTS JOHNSON AND CRIMINAL INVESTIGATIVE UNIT LLC filed by Vicki Timpa. (Attachments: # 1 Proposed Order) (Henley, Geoff) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
69

Clerk's ENTRY OF DEFAULT as to Criminal Investigative Unit LLC, Glenn Johnson. (rekc) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
70

NOTICE to Take Deposition of DR. EMILY OGDEN by Vicki Timpa. (Henley, Geoff) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
71

Unopposed MOTION for Leave to File Third Amended Complaint filed by Vicki Timpa with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Henley, Geoff) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
72

MOTION for Protective Order and Motion to Stay Under FED.R.CIV.P.26(c) filed by Dallas County District Attorney's Office with Brief/Memorandum in Support.. Party DALLAS COUNTY DISTRICT ATTORNEY'S OFFICE added. (Fourt, Ashley) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

RECAP
73

Appendix in Support filed by Dallas County District Attorney's Office re 72 MOTION for Protective Order and Motion to Stay Under FED.R.CIV.P.26(c) and Brief in Support (Fourt, Ashley) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

RECAP
74

MOTION to Quash Subpoena and Notice of Intent to Take Deposition of Dr. Emily Ogden, MOTION for Protective Order filed by Dustin Dillard with Brief/Memorandum in Support. (Wilson, Tatia) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
75

Amended MOTION to Amend/Correct Protective Order and Motion to Stay Under Fed.R.Civ.P.26(c) filed by Dallas County District Attorney's Office with Brief/Memorandum in Support. (Fourt, Ashley) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
76

Appendix in Support filed by Dallas County District Attorney's Office re 75 Amended MOTION to Amend/Correct Protective Order and Motion to Stay Under Fed.R.Civ.P.26(c) (Fourt, Ashley) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
77

ELECTRONIC ORDER granting 71 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) Clerk to file Plaintiffs' Third Amended Complaint filed as an attachment to motion. (Ordered by Judge David C Godbey on 10/4/2017) (chmb) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
78

PLAINTIFFS' THIRD AMENDED COMPLAINT WITH JURY DEMAND against Criminal Investigative Unit LLC, Dustin Dillard, Raymond Dominguez, Glenn Johnson, Kevin Mansell, Domingo Rivera, Danny Vasquez filed by Vicki Timpa, Cheryll Timpa. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (ykp) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

Clearinghouse
79

ORDER: The Court grants Dillard's motion to stay proceedings pending his return from active duty. All matters in this case are stayed until 3/1/2018. The Court denies as moot the Dallas County District Attorney's Office's motion for a protective order 72 and Dillard's motion to quash 74 . (Ordered by Judge David C Godbey on 10/4/2017) (ykp) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
80

NOTICE of Military Status filed by Dustin Dillard (Wilson, Tatia) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
81

Unopposed MOTION to Substitute Attorney, added attorney Edwin P Voss, Jr,Edwin P Voss, Jr for Dustin Dillard. Motion filed by Dustin Dillard with Brief/Memorandum in Support. Attorney Edwin P Voss, Jr added to party Dustin Dillard(pty:dft) (Voss, Edwin) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
82

NOTICE of Military Status--Updated filed by Dustin Dillard (Voss, Edwin) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
83

ORDER granting 81 Motion to Substitute Attorney. The Clerk of the Court shall enter the appearance of Edwin P. Voss, Jr. as counsel of record for Defendant Dustin Dillard, and shall remove Larry E. Casto, Jennifer C. Huggard, Tatia R. Wilson and James C. Butt as counsel of record for Defendant. (Ordered by Judge David C Godbey on 3/2/2018) (aaa) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
84

Unopposed MOTION to Substitute Attorney, for Defendant Danny Vasquez added attorney Gerald V Bright,Gerald V Bright,David L Craft for Danny Vasquez. Motion filed by Danny Vasquez (Attachments: # 1 Proposed Order)Attorney Gerald V Bright added to party Danny Vasquez(pty:dft) (Bright, Gerald) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
85

AMENDED SCHEDULING ORDER: This case is reset for trial on November 26, 2018 before Judge David C Godbey. The setting is for a one week docket. (Ordered by Judge David C Godbey on 3/8/2018) (zkc) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
86

Unopposed MOTION to Substitute Attorney, added attorney Mark E Goldstucker,Mark E Goldstucker for Kevin Mansell. Motion filed by Kevin Mansell (Attachments: # 1 Proposed Order)Attorney Mark E Goldstucker added to party Kevin Mansell(pty:dft) (Goldstucker, Mark) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER

Stay Lifted per chambers (ali)

March 12, 2018

March 12, 2018

PACER
87

NOTICE to Take Deposition of DR. EMILY OGDEN by Vicki Timpa. (Henley, Geoff) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER
88

ELECTRONIC ORDER finding as moot 75 Motion to Amend/Correct per 87 Notice of Deposition. (Ordered by Judge David C Godbey on 3/14/2018) (chmb) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
89

Plaintiffs' MOTION to Challenge Protective Order Designations filed by Vicki Timpa with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Henley, Geoff) (Entered: 03/15/2018)

1 Exhibit(s)

View on RECAP

2 Exhibit(s)

View on RECAP

March 15, 2018

March 15, 2018

RECAP
90

ANSWER to 78 Amended Complaint with Jury Demand filed by Dustin Dillard. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Voss, Edwin) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
91

ANSWER to 78 Amended Complaint with Jury Demand filed by Kevin Mansell. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Goldstucker, Mark) Modified on 3/19/2018 (aaa). (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
92

ANSWER to 78 Amended Complaint with Jury Demand filed by Danny Vasquez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bright, Gerald) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
93

Defendant Raymond Dominguez's ANSWER to 78 Amended Complaint,, with Jury Demand filed by Raymond Dominguez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against All Plaintiffs filed by Raymond Dominguez (Wilson, Tatia) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
94

Defendant Domingo Rivera's ANSWER to 78 Amended Complaint with Jury Demand filed by Domingo Rivera. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against All Plaintiffs filed by Domingo Rivera (Wilson, Tatia) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
95

ORDER granting 84 Motion for Withdrawal and Substitution of Counsel. Larry E. Casto, Jennifer C. Huggard, and Tatia R. Wilson, all of the Dallas City Attorney's office, are hereby permitted to withdraw as attorneys of record for Defendant DANNY VASQUEZ, and that Gerald Bright and David L. Craft are substituted as attorneys of record for DANNY VASQUEZ. (Ordered by Judge David C Godbey on 3/16/2018) (zkc) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
96

ORDER granting 86 Motion for Withdrawal and Substitution of Counsel. Clerk of the Court to enter the appearance of Mark E. Goldstucker as counsel of record for Defendant Kevin Mansell and remove Larry E. Casto and Tatia R. Wilson as counsel of record for Defendant. (Ordered by Judge David C Godbey on 3/16/2018) (zkc) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
97

MOTION to Stay This Case Pending Defendants' Criminal Cases filed by Dustin Dillard, Kevin Mansell, Danny Vasquez with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Appendix in Support of Defendants' Motion to Stay) (Voss, Edwin) (Entered: 03/16/2018)

1 Exhibit(s) Appendix in Support of Defendants' Motion to Stay

View on RECAP

March 16, 2018

March 16, 2018

RECAP
98

MOTION to Quash Depo of Ogden filed by Dustin Dillard, Kevin Mansell, Danny Vasquez with Brief/Memorandum in Support. (Bright, Gerald) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
99

MOTION for Extension of Time to File Response/Reply to 89 MOTION Plaintiffs' Motion to Challenge Protective Order Designations filed by Dustin Dillard, Raymond Dominguez, Kevin Mansell, Domingo Rivera, The City of Dallas, Danny Vasquez (Wilson, Tatia) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER

Case Details

State / Territory: Texas

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 3, 2016

Closing Date: May 15, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Surviving family members of man who died as a result of interaction with Dallas police officers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Dallas, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $2,500,000

Issues

General/Misc.:

Failure to supervise

Disability and Disability Rights:

Mental Illness, Unspecified

Policing:

Excessive force

False arrest

Improper treatment of mentally ill suspects