The appeal comes after a Dec. 15 decision from the 5th U.S. Circuit Court of Appeals that concluded that the suit could go forward against the four officers who were at the scene.
Timpa, who struggled with anxiety and schizophrenia, told a dispatcher he had not taken his medication and was under the influence of cocaine. Police handcuffed him and placed him face down as he yelled and begged for help more than 30 times. Officers put their weight on his back, zip-tied his legs and pinned him to the ground for 14 minutes. After Timpa lost consciousness, officers laughed and joked about waking him up so he would not be late for school.
City of Dallas attorneys in their appeal said this case “involves matters of exceptional importance” following Floyd’s murder. They argued that police departments have changed theirin response. They also argue that the officers’ actions were not necessarily considered unconstitutional in previous rulings, and therefore should be shielded by qualified immunity.
The Dallas City Attorney’s Office, which is representing the four officers, did not respond to a request seeking comment regarding the appeal.
ACAB