The family of Botham Jean, the 26-year-old Black man who was murdered by former police officer Amber Guyger, is expected to file a federal lawsuit against the Dallas Police Department and Guyger.
Attorney Lee Merritt, who is representing the Jean family, doesn’t have a date as to when the suit will be filed. The lawsuit will focus on the excessive use of force. It’s not certain if a wrongful death suit will follow.
According to Merritt, the department will be named as a defendant because Guyger was operating “under the color of state authority” even though she wasn’t working at the time of the shooting.
“She is in uniform, she was wearing a badge, she purports to give commands which he allegedly failed to comply to,” he said. “Clocking in or clocking out has no bearing on that analysis.”
Through a spokesman, the mayor refused to comment on the situation
Legal experts weighed in stating that the Dallas Police Department could be held liable for Jean’s death if Merritt can convince a court that Guyger was acting in the scope of her employment when she killed Jean.
Guyger was fired from the department on Monday after it was said that she couldn’t be fired during the investigation.