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

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Case Summary

This is a case about the death of a man who died after Dallas police officers restrained him face-down for an extended period after he called 911 during a mental-health crisis.  On November 3, 2016, the victim’s family filed this lawsuit in the United States District Court for the Northern District of Texas, Dallas Division. It was an individual civil-rights lawsuit. The original complaint named the City of Dallas, unidentified Dallas police officers, a private theater business, and unidentifie…

This is a case about the death of a man who died after Dallas police officers restrained him face-down for an extended period after he called 911 during a mental-health crisis. 

On November 3, 2016, the victim’s family filed this lawsuit in the United States District Court for the Northern District of Texas, Dallas Division. It was an individual civil-rights lawsuit. The original complaint named the City of Dallas, unidentified Dallas police officers, a private theater business, and unidentified security guards; the officer defendants were later identified. The case proceeded before Chief United States District Judge David C. Godbey. Represented at filing by private counsels, and later on appeal by private counsel working with the MacArthur Justice Center, the plaintiffs sued under the Fourth and Fourteenth Amendments through 42 U.S.C. §§ 1983 and 1988, along with related state-law theories, and sought damages, punitive damages, attorneys’ fees, interest, costs, and other relief. They claimed that officers used excessive force by keeping the man in a prone restraint with body weight on his back after he had already been subdued, causing his death, and alleged that the officers’ conduct caused wrongful death and severe pain and suffering

According to the complaint, the man had been handcuffed by security guards before officers arrived, after which officers replaced the handcuffs, held him face-down, kept pressure on his back, and he stopped breathing before being pronounced dead at Parkland Hospital. The man had called 911 saying he was “having a lot of anxiety,” that officers responded to what dispatch described as a crisis-intervention situation, and that an officer restrained the man with a knee on his upper back (“Officer D”) for roughly fourteen minutes while other officers assisted at different points. 

The case then moved through years of pleading and dispositive-motion practice. The plaintiffs amended their pleadings and identified the individual officers. On July 6, 2020, Judge Godbey granted summary judgment to the officer defendants on qualified-immunity grounds, 2020 WL 3798875 (N.D. Tex. July 6, 2020), holding that the claims were either unsupported by the summary-judgment record or barred by qualified immunity. The family appealed. 

On December 15, 2021, the Fifth Circuit issued a partial reversal. 20 F.4th 1020 (5th Cir. 2021). The court held that, viewing the record in the family’s favor, a jury could find that the victim had been subdued by about nine minutes into the restraint and that continuing to kneel on his back after that point was objectively unreasonable. The Fifth Circuit revived the excessive-force claim against Officer D and the bystander-liability claims against three of the four other officers (the “Bystander Officers”). Defendants petitioned rehearing en banc, which was denied on January 27, 2022.

Defendants then appealed to the U.S. Supreme Court. On May 31, 2022, the Supreme Court denied certiorari.

After remand, the case narrowed further. In a December 7, 2022 order, Judge Godbey granted partial motions to dismiss after the plaintiffs stated that they intended to pursue only a Fourth Amendment excessive-force claim against Officer D and Fourth Amendment bystander-liability claims against the three Bystander Officers. That order dismissed the remaining unreasonable-seizure, denial-of-medical-care, supervisory-liability, and state-law claims against the Dallas police defendants. The case then proceeded to a jury trial, which began on September 18, 2023. After a roughly two-week trial, the jury found that the defendants were responsible for the man’s death and that his minor son was entitled to $1 million in damages; the jury awarded no damages to the other plaintiffs.

On May 15, 2024, the district court approved a settlement dismissing with prejudice the claims of the victim’s mother and minor son against the Bystander Officers and Officer D. The court found the settlement to be in the minor child’s best interest and approved a structured annuity funded through MetLife Assignment Company. Under that arrangement, the child was to receive semiannual $40,000 payments for four years beginning July 31, 2026; monthly payments of $3,189.09 for seventeen years beginning July 31, 2026; and lump-sum payments of $75,000 on July 31, 2033, $200,000 on July 31, 2038, and $460,000 on July 31, 2043. The court also ordered that those payment rights could not be sold or transferred without future judicial approval under Texas’s structured-settlement protection law

On June 11, 2024, Judge Godbey denied intervenor a relative of the victim’s motion for a new trial on damages and entered final judgment ordering that he take nothing by his claims and dismissing those claims with prejudice. Based on that final judgment, the case was closed.

Summary Authors

Jacob Chang (4/5/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/28996062/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

21-1396

SCOTUS Docket

Supreme Court of the United States

May 31, 2022

May 31, 2022

Docket
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
173

3:16-cv-03089

Memorandum Opinion and Order

July 6, 2020

July 6, 2020

Order/Opinion

2020 WL 3798875

00516132354

20-10876

Opinion

U.S. Court of Appeals for the Fifth Circuit

Dec. 15, 2021

Dec. 15, 2021

Order/Opinion

20 F.4th 1020

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/28996062/timpa-v-the-city-of-dallas/

Last updated April 5, 2026, 7:18 p.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
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

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

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

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

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

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

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
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)

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

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

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

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

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

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

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

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

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

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

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
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

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

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

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
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

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
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

15

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

Jan. 17, 2017

Jan. 17, 2017

15

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

Jan. 17, 2017

Jan. 17, 2017

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

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

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
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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

March 17, 2017

March 17, 2017

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

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

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

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

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

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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

33

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

April 14, 2017

April 14, 2017

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33

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

April 14, 2017

April 14, 2017

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

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

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

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

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
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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Dallas

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Other Dockets:

Northern District of Texas 3:16-cv-03089

U.S. Court of Appeals for the Fifth Circuit 20-10876

Supreme Court of the United States 21-1396

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Damages

Relief Granted:

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

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