DALLAS _ With the criminal trial behind the city, Dallas will now face the civil lawsuit in federal court that Botham Jean's parents brought against the city and Amber Guyger, the former police officer who murdered Jean in his own apartment. Questions linger over the city's liability in Guyger's crime _ one that she committed off-duty, still in uniform with a city-issued service weapon.
But the civil case against Dallas, which argued excessive force resulted from customary practices at the police department, already has a large hurdle to overcome, even though Guyger was convicted of murder and received a 10-year sentence in the criminal case.
U.S. District Judge Barbara Lynn, who suspended the civil case on Sept. 23 in light of Guyger's criminal trial, will decide the case. But the recommendation filed by the magistrate judge a month earlier will play a key role in determining the city's liability.
U.S. Magistrate Judge Irma Carrillo Ramirez recommended in August that the claims against the city be dismissed. The district judge will review the recommendation and objection, filed by the plaintiff's attorney, and make a decision.
Interim City Attorney Chris Caso declined to comment on the story. But attorneys with experience litigating cases that involve civil rights and law enforcement said the city is in a good position not to settle.
Joel Androphy, a former civil rights attorney based in Houston, said it was already an uphill battle in the federal court; Jean's attorney will have to prove a city policy is at fault for Guyger's crime and show the city policy has caused a pattern, he said.
"That's just unthinkable," Androphy said.
In the objection, the Jean family's lawyers said that the magistrate judge's conclusion _ that no policy spoke to conduct as an off-duty officer _ makes it "exceedingly difficult" if not impossible to hold the municipality accountable.
The objection argued that the incidents are numerous enough "to show a pattern," and that DPD has admitted a need for "training, policies and procedures to address the problem."
The magistrate judge in its recommendation concluded that city policy doesn't speak to Guyger's conduct or show a pattern of off-duty officers. Plaintiffs in the objection cited a case the Texas Supreme Court heard in May; the justices then ruled an off-duty officer who observes a purported crime becomes on-duty "as a matter of law."
Daryl Washington, one attorney representing Jean's family, said the trial also largely focused on Guyger's actions as if she was on-duty, and that department policies supported her actions.
"Dallas Police Department's policy is to shoot first and ask questions later," Washington said. "That's exactly what Guyger did."
But the report filed by the magistrate judge significantly diminishes chances for a city settlement, said Casey Wallace, a former Harris County attorney who has defended law enforcement against similar cases.
Texas law restricts damages for municipalities at $250,000 per person and $500,000 per incident of death.
Wallace said that state statute "really saves the city on this" and makes it very unlikely that the plaintiffs could hold the city liable under state law, if a federal lawsuit were to be dismissed.
In October 2018, a month and a half after Guyger killed 26-year-old Jean, Jean's parents _ Bertrum and Allison Jean _ filed a wrongful death lawsuit in the Northern District of Texas that named both Guyger and the city as defendants.
The complaint argued that city policy was responsible for the wrongful death because Guyger acted and behaved as a police officer, in uniform with her service weapon. The plaintiffs also alleged that DPD has a pattern of using excessive force against minorities and didn't provide Guyger with adequate training.
The city argued that the plaintiff "must show direct causation" for the city to have culpability in the shooting. The magistrate judge sided with the city.
Androphy said he's represented victims with cases against law enforcement, including one where a cop allegedly sexually assaulted a woman. He was unsuccessful in suing in the sexual assault case _ largely because he needed to prove a pattern in the department that would make the city liable, Androphy said.
"Texas is not historically a welcome mat for civil rights issues," he said.
If the city did settle, the liability would likely be low, he said. Even in a high-profile case with political pressure, Androphy said the city could offer a small settlement that would likely reflect the state's cap on city liability.
But Androphy said that seems unlikely.
"They're going to fight this hard, I promise you," Androphy said. "The city is not going to agree to pay anything."
