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<![CDATA[qualified immunity]]>

Tony Timpa’s Wrongful Death Trial Against Dallas Police Officers Begins

September 19, 2023 by Jeff Charles Leave a Comment

The civil trial in the case of the 2016 death of Tony Timpa during an encounter with Dallas police officers began on Monday. The incident did not receive much media attention at the time, but received more attention after the murder of George Floyd. While the officers involved in Timpa’s death were not convicted of a crime, his family has filed a lawsuit against the law enforcement officials.

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On August 10, 2016, Timpa, a 32-year-old trucking executive, called 911 for help. He had struggled with schizophrenia and anxiety, and he had not been on his medication at the time. He made the call from a parking lot in Dallas. The encounter with police ended with his death after one of the officers knelt on his neck for 14 minutes. Now, his family seeks to hold the officers civilly liable for his death.

A jury has been seated in the long-anticipated civil case against four Dallas police officers accused in the 2016 death of Tony Timpa.

Timpa, 32, died while in police custody. A body camera video released by the police department to NBC 5 and The Dallas Morning News showed officers mocking him as he pleaded for help dozens of times while restrained in handcuffs.

Timpa had initially called 911 from a parking lot saying he was afraid and unarmed and that he was off his medication for anxiety and schizophrenia.

Within about 20 minutes of police arriving, Timpa became unresponsive and died.

The road to this trial has been fraught with legal complications and setbacks. The Dallas County Medical Examiner’s Office deemed Timpa’s death a homicide because of the cocaine he had ingested and the officer’s restraint technique. Three of the officers were initially indicted on misdemeanor charges of deadly conduct. However, Dallas County District Attorney John Creuzot dropped the charges in 2019.

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Later, a federal appeals court ruled that qualified immunity, which could have shielded the officers from civil liability, would not apply to the officers.

Officer Danny Vasquez, one of the officials involved in the incident, denied responsibility for Timpa’s death during the trial. The officer claimed that they were “reacting to Mr. Timpa” and that he “had a pattern … of calming down and acting out and calming down and acting out.”

During the proceedings, the bodycam footage showing Timpa’s last moments was played for the court. This prompted an emotional response from Vicki Timpa, Tony’s mother. During his opening statements, her attorney argued that the officers should have employed a “five-man takedown” on Timpa, which is a tactic that law enforcement uses on an individual who is going through a mental health episode without affecting their ability to breathe.

The defense argued that it was Timpa’s lifestyle that led to his death. They referred to his struggles with drugs and mental health. The attorneys said the officers acted in accordance with their training and did not view their actions as unreasonable.

While Timpa’s death had several key similarities to that of George Floyd’s, it did not get the same level of news coverage on mainstream media outlets. This is likely because Timpa was white, which means there was no racial angle present in his encounter with the police.

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The trial has already received national media attention and prompted a debate on police protocols and training, especially when it concerns those suffering from mental health problems.

Filed Under: <![CDATA[dallas]]>, <![CDATA[law enforcement]]>, <![CDATA[Mental Health]]>, <![CDATA[police misconduct]]>, <![CDATA[qualified immunity]]>, <![CDATA[Tony Timpa]]>, News, Red State

Tony Timpa’s Wrongful Death Trial Against Dallas Police Officers Begins

September 19, 2023 by Jeff Charles Leave a Comment

The civil trial in the case of the 2016 death of Tony Timpa during an encounter with Dallas police officers began on Monday. The incident did not receive much media attention at the time, but received more attention after the murder of George Floyd. While the officers involved in Timpa’s death were not convicted of a crime, his family has filed a lawsuit against the law enforcement officials.

Advertisement

On August 10, 2016, Timpa, a 32-year-old trucking executive, called 911 for help. He had struggled with schizophrenia and anxiety, and he had not been on his medication at the time. He made the call from a parking lot in Dallas. The encounter with police ended with his death after one of the officers knelt on his neck for 14 minutes. Now, his family seeks to hold the officers civilly liable for his death.

A jury has been seated in the long-anticipated civil case against four Dallas police officers accused in the 2016 death of Tony Timpa.

Timpa, 32, died while in police custody. A body camera video released by the police department to NBC 5 and The Dallas Morning News showed officers mocking him as he pleaded for help dozens of times while restrained in handcuffs.

Timpa had initially called 911 from a parking lot saying he was afraid and unarmed and that he was off his medication for anxiety and schizophrenia.

Within about 20 minutes of police arriving, Timpa became unresponsive and died.

The road to this trial has been fraught with legal complications and setbacks. The Dallas County Medical Examiner’s Office deemed Timpa’s death a homicide because of the cocaine he had ingested and the officer’s restraint technique. Three of the officers were initially indicted on misdemeanor charges of deadly conduct. However, Dallas County District Attorney John Creuzot dropped the charges in 2019.

Advertisement

Later, a federal appeals court ruled that qualified immunity, which could have shielded the officers from civil liability, would not apply to the officers.

Officer Danny Vasquez, one of the officials involved in the incident, denied responsibility for Timpa’s death during the trial. The officer claimed that they were “reacting to Mr. Timpa” and that he “had a pattern … of calming down and acting out and calming down and acting out.”

During the proceedings, the bodycam footage showing Timpa’s last moments was played for the court. This prompted an emotional response from Vicki Timpa, Tony’s mother. During his opening statements, her attorney argued that the officers should have employed a “five-man takedown” on Timpa, which is a tactic that law enforcement uses on an individual who is going through a mental health episode without affecting their ability to breathe.

The defense argued that it was Timpa’s lifestyle that led to his death. They referred to his struggles with drugs and mental health. The attorneys said the officers acted in accordance with their training and did not view their actions as unreasonable.

While Timpa’s death had several key similarities to that of George Floyd’s, it did not get the same level of news coverage on mainstream media outlets. This is likely because Timpa was white, which means there was no racial angle present in his encounter with the police.

Advertisement

The trial has already received national media attention and prompted a debate on police protocols and training, especially when it concerns those suffering from mental health problems.

Filed Under: <![CDATA[dallas]]>, <![CDATA[law enforcement]]>, <![CDATA[Mental Health]]>, <![CDATA[police misconduct]]>, <![CDATA[qualified immunity]]>, <![CDATA[Tony Timpa]]>, News, Red State

Why no one wants to enforce Albuquerque carry rule

September 11, 2023 by Tom Knighton Leave a Comment

It seems that police are a little reluctant to enforce Gov. Michelle Lujan Grisham’s ban on lawful carry in the Albuquerque area. The officials responsible for enforcing the rule–I won’t call it a law because it’s not–are saying they just won’t.

That means it’s unlikely the directive will have any impact at all.

Local law enforcement seems to hold their oath to the Constitution more deeply than Grisham.

Or, there may be a more practical reason why chief law enforcement officers are saying they won’t enforce a blatantly unconstitutional law, and Grisham has herself to blame for it.

SANTA FE, NM (April 7, 2021) – Today, New Mexico became the second state in the nation to abolish qualified immunity when Governor Lujan Grisham signed the New Mexico Civil Rights Act into law. In addition to eliminating qualified immunity, this historic legislation will allow New Mexicans – including the wrongfully convicted – to recover damages from the government when their constitutional rights are violated while also providing incentives for government employees to respect and uphold constitutional rights.

“Qualified immunity is a court-created doctrine that allows public officials to escape accountability after they engage in misconduct, even when their actions send an innocent person to prison. The New Mexico Civil Rights Act represents an historic culture shift in the fight for real accountability in law enforcement, and we applaud Governor Lujan Grisham for signing it into law,” said Laurie Roberts, a State Policy Advocate for the Innocence Project.

…

“HB 4 is an incredible victory for the people of New Mexico. For those harmed by government officials, it has often been impossible to hold anyone accountable. Fortunately, with this Civil Rights Act we are tipping the scales toward justice,” said Barron Jones, Senior Policy Strategist for the ACLU of New Mexico.

Now, understand that I’m not a fan of qualified immunity as it’s currently used in this country. I don’t think police operating in good faith should have to worry about being sued, but it’s often used to protect people simply because they’re operating in a law-enforcement capacity despite some pretty egregious wrongdoing.

Yet with Grisham’s directive about Albuquerque, local police are now put in a position of either complying with the governor’s rule or facing the possibility of officers being sued over their attempts to enforce it. After all, everyone knows that lawsuits will be coming.

I mean, they’re already here, so there’s no reason to believe there won’t be more.

And without qualified immunity, individual officers and their respective departments might well find themselves having to go to court as well. Considering that gun rights groups would likely back some of these lawsuits, the officers would likely find themselves out-gunned in a civil trial.

So, they wisely decided to let Grisham issue whatever directives she wants with regard to Albuquerque but they won’t enforce them.

Of course, state law enforcement will likely enforce the rule, though no one knows how much attention they’ll pay the city, even under this directive. That’s probably good for the officers who will have to enforce a rule they know to be unconstitutional or face punishment. Those guys are in a “damned if you do, damned if you don’t” kind of moment.

If so, my advice is to side with the Constitution. You’ll come out ahead.

Filed Under: <![CDATA[Albuquerque gun ban]]>, <![CDATA[Gun Control]]>, <![CDATA[Guns]]>, <![CDATA[New Mexico]]>, <![CDATA[qualified immunity]]>, <![CDATA[Video]]>, Bearing Arms, News

Professor suggests qualified immunity as gun control

July 31, 2023 by Tom Knighton Leave a Comment

I’m not really wild about a legal concept called qualified immunity. To some degree, it makes sense. It protects people like police officers from being sued while doing their job. Where it gets problematic is that I’ve seen public officials–including police officers–get away with some pretty sketchy behavior.

And that brings us to gun control.

What does gun control have to do with qualified immunity? Well, the answer should be, “nothing.” Unfortunately, a professor’s paper–brought to my attention by our friends over at The Truth About Guns–argues that police should just take guns away from people they determine to be dangerous, all under the idea that they’ll be immune from lawsuits.

Here, we suggest an unlikely source of continuing power, after Bruen, for states to disarm individuals they deem dangerous: qualified immunity. Qualified immunity shields state officers from monetary liability for many constitutional violations. In short, unless a previous case “clearly established,” with high factual particularity, that the officer’s conduct was unconstitutional, the officer does not pay. Thus, a state law enforcement officer may, after Bruen, confiscate an individual’s firearm if the officer deems that person too dangerous to possess it. The officer’s justifications may conflict with the federal courts’ understanding of Bruen or the Second Amendment—perhaps flagrantly. But unless a previous, authoritative legal decision examining near-identical facts says so, the officer risks no liability. And because each individual act of disarmament will be unique, such prior decisions will be vanishingly rare. The result is a surprisingly free hand for states to determine who should and should not be armed, even in contravention of the Supreme Court’s dictates.

That’s right. Screw the law and screw the Constitution.

However, I don’t think the author here really thought this one through. I say that because I’m not sure there’s any way a police officer just taking someone’s gun because they, personally, think the individual is dangerous is really going to fly. Sure, the officer himself might well avoid a lawsuit, but even if they’re immune from civil liability, they’re still subject to other disciplinary action.

Even anti-gun jurisdictions would find themselves having to discipline a lot of officers for conducting such illegal and unconstitutional actions. After all, even if the officers themselves can’t be sued, the departments can. More accurately, the departments in question will be sued.

Qualified immunity or not, a department can and will find itself in court should an officer decide to blatantly violate an individual’s Second and Fourth Amendment rights by seizing property and depriving them of their right to keep and bear arms without due process of law.

A cop just taking your gun isn’t due process.

And there, I believe we also have another hole in the professor’s plan, and that’s the Fourth Amendment aspect, which protects against unreasonable search and seizures. Police officers can’t take your stuff just because they don’t think you can have it. I’m pretty sure that’s been well-established in the courts as well. If so, qualified immunity goes out the window.

Of course, I’m not an attorney, so that’s not a hill I’m willing to die on.

But I promise you, if anyone actually tries this, the lawsuits will still come. If it’s not the individual officers, it’ll be the cities and police departments themselves, then the cops who continue to try this will quickly find themselves out of work, as well they should.

Especially since, qualified immunity or not, they’d know how wrong this is.

Filed Under: <![CDATA[Gun Control]]>, <![CDATA[Gun Rights]]>, <![CDATA[Guns]]>, <![CDATA[qualified immunity]]>, Bearing Arms, News

Primary Sidebar

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September 27, 2023 | John Binder | Leave a Comment

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September 27, 2023 | Jordan Dixon-Hamilton | Leave a Comment

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Univision Anchor Opens 2nd GOP Presidential Primary Debate in Spanish

September 27, 2023 | Amy Furr | Leave a Comment

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Senate Passes ‘SHORTS’ Resolution; John Fetterman Must Wear Pants

September 27, 2023 | Joel B. Pollak | Leave a Comment

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Fact Check — Doug Burgum Is Right: China Controls 85% of Rare-Earth Minerals

September 27, 2023 | Frances Martel | Leave a Comment

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September 27, 2023 | Nick Gilbertson | Leave a Comment

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September 27, 2023 | Duke | Leave a Comment

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September 27, 2023 | Alex Nitzberg | Leave a Comment

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September 27, 2023 | Hannah Bleau | Leave a Comment

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September 27, 2023 | Tom Knighton | Leave a Comment

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September 27, 2023 | Breitbart News | Leave a Comment

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September 27, 2023 | Alex Nitzberg | Leave a Comment

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September 27, 2023 | Bonchie | Leave a Comment

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September 27, 2023 | Carlos Garcia | Leave a Comment

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Court video footage shows the ruthless racial impact of Michigan’s carry laws on black men

September 27, 2023 | Ranjit Singh | Leave a Comment

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