Published on: Monday, December 20, 2021
Dallas police officer continues to kneel on the back of a mentally ill man after he called 911, and long after he had been subdued and restrained. Other officers stand around, joke as the man loses consciousness and died from asphyxiation, 14 minutes later. District court: Qualified immunity. Fifth Circuit: No way. Reversed. "Within the Fifth Circuit, the law has long been clearly established that an officer’s continued use of force on a restrained and subdued subject is objectively unreasonable." The victim's mother can sue the kneeling officer and several of the others.
The case is Vicki Timpa, et al v. City of Dallas, et al, No. 20-10876 (5th Cir. Dec. 15, 2021).