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By Kevin Krause. A federal judge in Dallas has thrown out an excessive force lawsuit filed against five Dallas police officers who handcuffed and pinned a mentally ill man to the ground shortly before he died. In a page ruling, U. Godbey based his decision, signed Monday, on the controversial doctrine of qualified immunity.

In the wake of highly publicized police officer killings of unarmed black men like George Floyd, Congress has begun looking at sweeping criminal justice reforms, including the possibility of lifting qualified immunity that protects officers from lawsuits when they abuse their authority. Critics say qualified immunity allows bad officers to remain on the job.

Geoff J. Henley, lead attorney for the Timpa family, vowed Tuesday to appeal. The city of Dallas, which defended the officers, had no comment about the ruling Tuesday. Timpa, panicking and high on cocaine, called for help in August after running across traffic on West Mockingbird Lane, court documents say.

He told a dispatcher he feared for his safety, that he suffered from anxiety and schizophrenia, and was off his prescription medications, court records say. Resides in Waco, TX.

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Officer Howard Kenton Hicks. Officer Allen Perry Camp. Officer Johnnie Tillman Hartwell. Officer Robert Henderson Shipp. Tony Timpa, 32, died in August as he was restrained by three police officers in a Dallas parking lot. Timpa had called to say he had come off his medication for schizophrenia and depression and needed help. In the bodycam video , finally obtained by the Dallas Morning News, Timpa, who had been handcuffed by store security guards, is pinned to the ground in a prone position with a knee on his back as he pleads with police to release him.

The three officers laugh and joke as they restrain Timpa on the ground.