Qualified Immunity May Not Be A License For Police To Kill Folks Asking For Help After All

// In a move that promises to shock Crim Pro professors and BARBRI bar preppers nationwide:

It kind of explains why during bar prep, they said when in doubt, assume the police win, not the defendant

— Nick Beard (@beardy_nick) January 11, 2021

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The Supreme Court accidentally sided with a mourning family instead of the police for once.

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Six years ago, Dallas police officers who ostensibly were trying to help Tony Timpa, a 32-year-old man in the midst of a psychological crisis, ended up killing him instead. Four years later, a federal judge ruled that the cops were protected by qualified immunity, which shields public officials from civil liability unless their alleged misconduct violated “clearly established” law. But last December, the U.S. Court of Appeals for the 5th Circuit overturned that decision, allowing Timpa’s relatives to proceed with their civil rights lawsuit. Today the Supreme Court declined to hear an appeal of the 5th Circuit’s decision, which means the plaintiffs will finally get a chance to make their case.

To quote two of this generation’s greatest artists, “Man, what a time!” Call me controversial, but I think that all families whose son, enby, daughter, or what have you is killed because our country dramatically underfunds social workers and sends cops to deal with psychological issues instead deserves their day in court, especially when the victim gives the officers a very polite “hey, you’re killing me” heads up. The fact that this suit will be able to go through is pivotal — if it couldn’t, what hope would the rest of us have? Just look at the facts of the case:

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[O]n August 2016, Timpa called 911 to report that he was “having a lot of anxiety” about a man he feared would harm him. Timpa mentioned that he had received several psychiatric diagnoses—schizophrenia, depression, bipolar disorder, and anxiety disorder—but had not taken his medication that day. After police arrived in response to that call and other reports of a man behaving erratically near 1728 West Mockingbird Lane, Timpa yelled, “You’re gonna kill me!”

…

Timpa, who had already been handcuffed by a security guard, died while being pinned to the ground face down by several police officers for about 15 minutes, during which time he pleaded with them to stop and cried for help over and over again. The officers, while intermittently showing signs of compassion, joked about Timpa’s predicament and the possibility that they had killed him.

I hope the family gets some semblance of justice. And if you or someone you know needs some help, here is a comprehensive state-by-state list of people you can call besides the police. Enough people have been harmed and killed by badged people when they just needed a helping hand.

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If you live in Texas, please keep these resources in mind. If they can’t help you directly, they can likely refer you to someone who doesn’t drive around with a Punisher decal on their car.

North Texas Behavioral Health Access Crisis Hotline

• 1 (866) 260-8000, 1 for crisis, 9 for Spanish (24/7)

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Suicide & Crisis Center of North Texas

• (214) 828-1000 or (800) 273-8255 (24/7)

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Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.

Topics

Courts, Mental Health, Police Brutality, Qualified immunity, SCOTUS, Supreme Court, Texas