Bertrum Jean, et al. v. Amber Guyger

Dallas, Texas civil rights lawyer represented the Plaintiffs in an excessive force wrongful death case for case.



Police officer Amber R. Guyer shot and killed Botham Shem Jean, age 26, when she mistakenly entered his apartment.



Guyer was charged and convicted of second-degree murder and was sentenced to 10-years in prison.



The family had originally filed the civil suit against Ms. Guyger and the city of Dallas. A judge dismissed the latter from the case in December 2019, leaving Ms. Guyger as the sole defendant.



On September 6, 2018, at approximately 9:30 p.m., Officer Amber Guyger clocked out of her work shift at the Dallas Police Department ("DPD”) headquarters. Wearing her police uniform, she drove to the Southside Flats Apartment Complex, where she lived on the third floor in apartment 1378. At about 9:41 p.m., she parked on the fourth floor of the apartment complex's parking garage. She then walked past approximately fifteen fourth-floor apartments before arriving at number 1478, Botham Jean's apartment. Guyger opened the door to Mr. Jean's apartment and allegedly believing an intruder to be in her apartment, fired two rounds at him, using her duty weapon. Mr. Jean died in the hospital.



There is no bodycam, other video, or any type of recording of the shooting. The evidence of what happened comes primarily from Guyger's testimony at her state criminal trial, after which she was convicted of Botham Jean's murder.



Relying on the trial testimony and physical evidence, Plaintiffs contend Guyger knew before she entered Mr. Jean's apartment that it was occupied. She had her duty weapon drawn and looked to "find that threat.” The City's App'x at 112:14-16. She stood in the doorway, located the "threat,” and-Guyger claims-shouted: "let me see your hands, let me see your hands,” while pointing her weapon at Mr. Jean. Id. at 113:17-19, 116:13-14. Plaintiffs contend Guyger either gave the "let me see your hands” command, or she shot Mr. Jean because she could not see his hands, all due to her DPD training.



Plaintiffs also alleged the City had an unconstitutional policy of training officers to equate not being able to see a suspect's hands with that suspect presenting a lethal threat, so that officers would be authorized to use deadly force in non-deadly circumstances.

The City of Dallas motion for summary judgement was granted.



Plaintiff's verdict for $98.65 million.

See: Cast Text