Timpa v. Dillard
| Decision Date | 06 July 2020 |
| Docket Number | Civil Action No. 3:16-CV-3089-N |
| Parties | VICKI TIMPA, et al., Plaintiffs, v. DUSTIN DILLARD, et al., Defendants. |
| Court | U.S. District Court — Northern District of Texas |
This Memorandum Opinion and Order addresses Defendants Dustin Dillard, Danny Vasquez, Raymond Dominguez, Domingo Rivera, and Kevin Mansell's (collectively, "Defendants") motion for summary judgment on qualified immunity [150].1 For the reasons below, the Court determines that the claims Plaintiffs raise are either unsupported by the summary judgment evidence or barred by the doctrine of qualified immunity and grants the motion.
On August 10, 2016, the City of Dallas 911 Center received four calls precipitating the police officer Defendants' interaction with decedent Tony Timpa ("Timpa"). Timpa initiated the first 911 call, telling the operator that he was a thirty-two-year-old male, thathe was afraid of a man he was with, and that he was "having a lot of anxiety." Defs.' Appx. Ex. B-1 [151]. He also disclosed that had schizophrenia, bipolar disorder, depression, and anxiety and that he had not taken his medications that day. Id. After Timpa's call ended abruptly, the 911 operator called him back. Id. at Ex. 1-C. Multiple car horns are audible at the 4:20 minute mark during this call. Id. Timpa became agitated and can be heard arguing with several males. Id.
A motorist also placed a 911 call reporting a white male Id. at Ex. 1-D. She states that the man stood in front of a Dart bus, stopped it, and began climbing it. Id. A private security guard called as well, echoing the female caller's reports that a man was running in the middle of Mockingbird Lane, jumping on a DART bus, and yelling that someone is trying to kill him. Id. at Ex. 1-E. He also stated that he believes the man "is on something." Id.
The Dallas Police Department ("DPD") dispatcher informed officers that there was a crisis intervention training ("CIT")2 situation at 1728 West Mockingbird Lane involving a white male with schizophrenia who was off his medications. Mansell responded and arrived at 10:36 p.m. Intervenor's Resp. Brief 9 [164]. He requested backup, stating that Timpa "is in traffic on Mockingbird, and he's definitely going to be a danger to himself." Defs.' Appx. Ex. 1-G [151]. Mansell called for an ambulance before exiting his patrol car.Id. at Ex. 1-L; 165-66. Despite being handcuffed, Timpa repeatedly attempted to roll into the right lane of the road — where vehicles were still driving — and succeeded at one point, requiring Mansell and one or both of the security guards to lift him back to the roadside.3 Id. at 167-68.
Approximately seven minutes after Mansell arrived, paramedics arrived with Dillard and Vasquez pulling up shortly after them. Timpa was handcuffed and sitting on the ground between a bus stop bench and the road. He was unresponsive to the officers' attempts to calm him and repeatedly yelled "you're gonna kill me!" and "help!" before lurching towards the street. Id. at Ex. A-1 0:50-1:24. Dillard and Vasquez then rolled him onto his stomach while a security guard restrained his legs. Id. at 1:24-2:05. Dominguez arrived roughly three minutes later, followed closely by Rivera.
Dillard restrained Timpa by placing his left knee on Timpa's upper back and left hand between Timpa's shoulders with his right hand on Timpa's shoulders intermittently. Id. at 1:30. This restraint lasted roughly fourteen minutes. Id. at 1:30-15:16. Vasquez assisted Dillard by placing his left knee on Timpa's lower back and right knee on his buttock for roughly 160 seconds. Id. at 1:44-3:55. When Timpa continued to yell, Dillardasked, "What did you take today?" Timpa replied, "Coke," although Dillard testified that he did not hear this. Id. at 1:43; Appx. 76. Dillard repeated his question, and Timpa responded with incoherent sounds. Id. at 1:45-2:00.
Roughly two minutes into the restraint, Paramedic James Flores ("Flores"), who was standing behind the bus bench with Paramedic Curtis Burnley ("Burnley"), approached to take Timpa's vitals. Id. at 2:26-2:53; Appx. 253. The paramedics had been standing nearby since Timpa's initial restraint and can be seen in video background intermittently. Id. at 1:30-1:40, 2:08-2:33, 3:38-4:10. While walking towards Timpa, Paramedic Flores warned Dillard, "I'm right behind you, don't jump up." Id. at 2:33-2:38. Dillard moved to the right after another officer warned that the paramedic was behind him and suggested "twist your body off to the right." Id. at 2:38-2:40. Timpa struggled and yelled, Flores, unable to get a reading, stepped back and said, "Damn, that's not gonna work." Id. at 2:46-2:53; Appx. 213, 254. Timpa shouted and attempted to thrust his body forward. Id. at 2:50-3:05. After Dillard and the security guard reassured him, he said and then kept still for roughly twenty seconds. Id. at 3:06-3:33.
Timpa continued to shout and struggle, at one point maneuvering his legs out from under the bus bench and kicking, causing Dillard to lurch. Id. at 4:02-4:08. Dominguez left to retrieve leg restraints from Vasquez's patrol car while Vasquez attempted to swap the security guard's cuffs for an officer's pair so "we don't have to worry about it oncehe's up."4 Id. at 4:08-4:24; Appx. 3. Vasquez had difficulty swapping the handcuffs and complained that Timpa was moving too much, stating and Id. at 4:50-7:16; see Appx. at 175, 219, 226-27, 230. Mansell retrieved a flashlight to assist Vasquez, and Vasquez succeeded in switching handcuffs and double-locking them to prevent Timpa from cinching them. Id. at 7:19-7:46.
While Vasquez and Mansell focused on the handcuffs, Dominguez and Rivera worked to place zip ties around Timpa's ankles, during which process Timpa kicked them both several times. Id. at 4:33-7:32; see id. at 8:07-8:14, Appx. 5, 12, 127. Flores approached a second time, and Dillard asked, "Do you want me to roll him over?" Id. at 8:30-8:33. Flores declined stating, "Before y'all move him, if I can just get in right here, and see if I can just get to his arm." Id. at 8:32-8:40. Dillard replied "go ahead, man" and shifted his knee to Timpa's shoulder and right arm. Id. at 8:41-8:42. Paramedic Flores succeeded in attaching a blood pressure cuff and pulse oximeter. Id. at 8:40-10:02. While the paramedic took his vitals, Timpa intermittently moved his head from side to side, made incoherent sounds, and chanted "kill me," "I need to die." Id. at 9:02-10:05. Timpa then began yelling and started shouting "Help me!" repeatedly. Id. at 10:21-11:48. Paramedic Flores removed the pulse oximeter and left to prepare a sedative. Id. at 10:36-10:37; Appx. 249, 57. At this point, Timpa had a pulse of 100 beatsper minute and blood pressure of 150/90, and Paramedic Flores "wasn't alarmed or alerted by that." Id. at 27, 266.
As Timpa continued to yell "Help me!" repeatedly without responding to the officers' questions, the security guard noted, Id. at 11:17-11:21. Vasquez agreed, and Dillard concluded, "Yeah, he took something." Id. at 11:17-11:28, 12:00. At this point, Timpa was grunting and eventually became quiet and still. When Paramedic Burnely asked if Timpa could walk to the ambulance, others responded, "I highly doubt it" and Id. at 12:37-12:43. Dominguez then asked, "Tony, you still with us?" Id. at 13:02-13:04. Someone responded, "He's breathing." Dominguez clarified. Id. at 13:20-13:24. "I think he's just asleep," Dillard replied. Id. at 12:30-13:26; Appx. 2, 7, 131, 234-35. An officer remarked "If I were squirming that much I'd be sleeping too." Id. at 13:45-13:47. Dominguez and Vasquez then engaged in a series of jesting comments, such as to which Timpa did not respond. Id. at 14:06-14:30.
Paramedic Flores returned to administer the sedative, and Timpa's head jerked in response to the injection. Dillard remarked, "Oh, there he comes." Id. at 14:39-11:49; Appx. 257. After waiting roughly twenty seconds, Vasquez lifted his hand from Timpa's back, and Dillard moved off him shortly after. Id. at 15:09-15:16. At a paramedic's prompting, the Defendants rolled Timpa onto his back and lifted him onto the gurney. Id. at 15:34-16:00. When they placed Timpa on the gurney, his head and torso rolled off theside uncontrollably. Id. at 16:00-16:32. Timpa's head hung to the side as Paramedic Burnley strapped him onto the gurney, leading Dillard to ask, "Is he knocked out, or . . . he ain't dead, is he?" Id. at 16:11. Vasquez replied in the negative, but Dillard again asked, "He didn't just die down there, did he?" "Is he breathing?" Id. at 16:19-16:27. Dominguez performed a sternum rub as the paramedics wheeled Timpa toward the ambulance, and when Timpa did not respond, Dillard exclaimed, "I hope I didn't kill him." Id. at 16:27-16:34. Some of the other Defendants laugh and respond, "What's this 'we' you are talking about?" "We ain't friends." Id. at 16:38-16:44.
After Timpa was loaded in the ambulance for treatment, Paramedic Burnley announced, "Yeah, he's not breathing." Id. at 17:14-17:32. Dominguez began performing chest compressions. Mansell, who had left to call Timpa's family and ask what medications he was supposed to be taking, returned at this point....
To continue reading
Request your trial