The Fifth Circuit Court of Appeals has cleared the way for the trial of four officers in the death of Tony Timpa to proceed after refusing to hear additional arguments.
The federal civil rights trial of four Dallas police officers in the death of Tony Timpa will move forward.
Timpa died in police custody in August 2016 after being placed in the prone restraint position for more than 14 minutes. "It was a great big victory. Not just the fact that we won, but how we won it," said attorney Geoff Henley.The Fifth Circuit in New Orleans denied the request by the city of Dallas for the entire appeals court to hear arguments to dismiss the case after a three judge panel ruled the officers had no qualified immunity from a wrongful death lawsuit."Number one – positional asphyxia can be deadly force.
The appeals court says he was no longer resisting after nine minutes and that the continued use of force was not only excessive but ultimately deadly."[It] suggests that these officers should have very well known that their actions could have resulted in death or serious bodily injury to Mr. Timpa and they had an opportunity to terminate it and didn't do so," he said.
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