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

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.

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.