No. 21-1396

Dustin Dillard, et al. v. Vicki Timpa, Individually and as Representative of the Estate of Anthony Timpa, et al.

Lower Court: Fifth Circuit
Docketed: 2022-04-29
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 4th-amendment bystander-liability civil-rights excessive-force fourth-amendment law-enforcement-liability mental-health-intervention qualified-immunity section-1983
Latest Conference: 2022-05-26
Question Presented (from Petition)

1. Whether the Fifth Circuit misapplied the
Court's qualified immunity jurisprudence in holding
that a police officer who held a mentally ill subject
down in the prone position for the length of time it took
paramedics to assess and treat the subject violated
the subject's clearly established Fourth Amendment
rights.

2. Whether the Fifth Circuit erred in holding
that officers who were present while a fellow officer
held a mentally ill subject down in the prone position
had a clearly established constitutional obligation to
intervene and terminate the subject's restraint such
that they are subject to bystander liability under 42
U.S.C. § 1983.

Question Presented (AI Summary)

Whether the Fifth Circuit misapplied the Court's qualified-immunity jurisprudence

Docket Entries

2022-05-31
Petition DENIED.
2022-05-10
DISTRIBUTED for Conference of 5/26/2022.
2022-05-02
Waiver of right of respondent Vicki Timpa, et al. to respond filed.
2022-04-27
Petition for a writ of certiorari filed. (Response due May 31, 2022)

Attorneys

Dustin Dillard, et al.
Nicholas Dane PalmerDallas City Attorney's Office, Petitioner
Vicki Timpa, et al.
Easha AnandRoderick & Solange MacArthur Justice Center, Respondent