City of Dallas dismissed from wrongful death lawsuit in Botham Jean killing, federal judge rules
Dec 27, 2019
The city of Dallas has been dismissed from a
wrongful death lawsuit submitted by the family of a man who was killed in his own home by an off-duty police officer, a federal judge has ruled.
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The city filed a motion in November 2018 requesting to be dismissed from the lawsuit, citing Jean's family's attorneys' -- Lee Merritt, Ben Crump and Daryl Washington -- "failure to state a claim" against them, according to the online records. The civil case proceeded simultaneously with the criminal matter until the murder trial commenced in September 2019.
Federal court chief Judge Barbara Lynn ruled on Dec. 23 in favor of the city of Dallas and dismissed them from the lawsuit "with prejudice," according to the judge's decision.
The Jean family's legal team filed a notice of appeal on Friday, according to the documents obtained by ABC News.
"Amber Guyger was off duty at the time, but it has always been our argument that when she took Botham Jean's life, she was on duty," said Washington. "She testified that she responded to what she thought was a crime and whenever an officer says they respond to a crime, they are considered back on duty...the Supreme Court has ruled on this before."
Guyger remains the sole defendant on the lawsuit. She is currently housed in Mountain View Correctional Facility in Gatesville and will be eligible for parole in 2024, according to online records.