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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.

Botham Jean's Killer is Fired

Texas Rangers still have no new information as Jean was buried in St. Lucia today.

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Dallas Police reported an internal investigation is complete, and Officer Amber Guyger, who killed Botham Jean three weeks ago, has been fired.

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Amber Guyger Can't Be Fired During Investigation, Says Dallas Police Chief

Laws say otherwise as the community calls for justice for Botham Jean.

Screenshot from CBS

At a town hall meeting where the community voiced concerns about why Amber Guyger is still employed and receiving pay, Dallas Police Chief Renee Hall said any further disciplinary action would compromise the ongoing investigation of Botham Jean's death.

Once the department is "assured, an administrative investigation will not impede on the criminal investigation, we will proceed," Hall said.

Justin Moore, a civil right's attorney, said that "Chief Hall might not have been well informed on the law."

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Beto O'Rourke Calls for Amber Guyger to Be Fired From Dallas Police Force

"I don't understand given the actions how anyone can come to any other conclusion," O'Rourke said.

Beto O'Rourke, the outspoken Democratic U.S. Senate hopeful, suggested at a rally on Friday that Amber Guyger should be fired from the Dallas Police Force.

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Dallas Police Department Attempts to Demonize Murder Victim Botham Jean

The Dallas Police Department's "discovery" of marijuana in Botham Jean's apartment is an attempt to deflect from the real issue.

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Botham Jean was buried one week to the day he was murdered by Dallas police officer, Amber Guyger.

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Update: Botham Jean Celebrated Amid the Urging of Officer Guyger to Come Clean

Many called for justice. One speaker at the funeral said: Botham Shem Jean was not a silhouette.

Thousands gathered Thursday afternoon to celebrate the life of Botham "Bo" Shem Jean in the sanctuary of Greenville Avenue Church of Christ in Richardson. But undertones of hurt, and a demand of justice for Jean, were present.

Many spoke of Jean's character and faith, and the family's rearing of an "exemplary student, mentor and teacher," but among the prayers and remarks were calls for justice.

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Update: Officer's Story of S​hooting Botham Jean Contradicts Witnesses

Witnesses say they heard the officer say, "Let me in. Let me in."

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Botham "Bo" Jean was killed around 10 p.m. on Thursday night by Amber Guyger, a four-year veteran of the Dallas police department, who just ended her shift and returned to her apartment complex.

The 911 call said she cried after shooting Jean in the chest, and apologized saying she thought it was her apartment. Her arrest warrant says that Guyger reports drawing her gun when she saw a figure in the dark apartment, giving verbal commands—which were ignored—and then firing two shots.

But witnesses, according to the family lawyers, say that they heard sounds and talking that contradict that report.

"They heard knocking down the hallway followed by a woman's voice that they believe to be officer Guyger saying, 'Let me in. Let me in,'" attorney Lee Merritt said.

After the gunshots, a man's voice was heard.

"What we believe to be the last words of Botham Jean which was 'Oh my god, why did you do that?'" Merritt said.

There were two witnesses, Caitlyn Simpson and Yasmine Hernandez, that heard a lot of noise on the fourth floor that night, including 'police talk', like: "Open up!"

There was also a video taken by witnesses of Jean being rolled out on a stretcher, with EMS performing chest compressions on him.

Dallas County District Attorney Faith Johnson is collecting all of the evidence before presenting to a grand jury, which could decide to up the charges to murder.

"We're going to unravel what we need to unravel, unturn what we need to unturn, and present a full case to the grand jury of Dallas County," Johnson said.

Protests were held Monday night outside the police department as questions still remain:

What were the results of the blood test for Guyger, and why did police respond from 30 miles away, rather than Dallas police headquarters that was two blocks away?

The family's lawyers are also still asking why Guyger was allowed to leave the scene without handcuffs and not be arrested for three days. "You or I would be arrested if we went to the wrong apartment and blow a hole in a person's chest, killing them," said Benjamin Crump.

The officer was arrested Sunday, and released on $300,000 bail as of Monday. She is on paid administrative leave.

Botham Jean's funeral is on Thursday.

Related Story: Dallas Police Department's Attempt to Demonize Murder Victim, Botham Jean, is Disgusting

Related Story: Update: Botham Jean Celebrated Amid the Urging of Officer Guyger to Come Clean

Related story: White Police Officer Charged With Manslaughter for Shooting Black Man in His Own Apartment

"Let me in": Witnesses dispute cop account of Botham Jean shooting, attorney says

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