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Dustin Dillard, et al. v. Vicki Timpa, Individually and as Representative of the Estate of Anthony Timpa, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-10876 · judgment December 15, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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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.
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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.
Counsel of record
For petitioner
Nicholas Dane Palmer
Dallas City Attorney's Office
For respondent
Easha Anand
Roderick & Solange MacArthur Justice Center
Case
Conference history
Distributed for 1 conference
Proceedings
- May 31 2022Petition DENIED.
- May 10 2022DISTRIBUTED for Conference of 5/26/2022.
- May 02 2022Waiver of right of respondent Vicki Timpa, et al. to respond filed.
- Apr 27 2022Petition for a writ of certiorari filed. (Response due May 31, 2022)