City of Dallas Removed From Civil Lawsuit in Botham Jean's Death

Amber Guyger is still a defendant in the family's civil lawsuit

NBC 5

The City of Dallas will not be held liable for the death of Botham Jean in a civil lawsuit.

On Monday, U.S. District Judge Barbara Lynn dismissed the city from a civil lawsuit filed by Jean's family.

Jean, 26, was shot and killed in his own apartment in Sept. 2018 by off-duty former Dallas police officer Amber Guyger. His family filed the federal lawsuit in Oct. 2018.

The civil lawsuit argues Guyger used excessive force when she gunned down Jean and that better police training could have prevented his death. The city says the lawsuit failed to provide evidence of that and a judge agreed. Guyger is still a defendent in the civil lawsuit.

NBC 5 has reached out to the city and Jean's family for reaction to the judge's decision.

The City Attorney’s Office said it "has no comment on this pending litigation."

Jean's family filed a notice of appeal on Friday.

Legal experts told The Dallas Morning News that because Guyger was off duty, a lawsuit against the city was unlikely to be successful.

Guyger claimed she mistook Jean's apartment for her own and thought she'd encountered an intruder. In September, a Dallas jury found Guyger guilty of murder and sentenced her to 10 years behind bars. Her lawyers have filed an intent to appeal.

The brother of Botham Jean, Brandt Jean, asked Judge Kemp if he was allowed to hug Amber Guyger after requesting that she "embrace Christ." Judge Kemp allowed the request and the two embraced in an emotional moment in the courtroom.
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