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
Key Terms:
SocialSecurity FourthAmendment
Latest Conference: 2022-05-26
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 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.

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