Federal Judge Barbara M. Lynn dismissed a wrongful death lawsuit against the City of Dallas filed by the family of Botham Jean who was shot to death in his home by Amber Guyger, an off-duty Dallas police officer.
Lynn, chief judge for U.S. District Court for the Northern District of Texas, dismissed the lawsuit on December 23rd with prejudice, meaning that it was dismissed permanently. Jean family attorneys said they will appeal Lynn’s decision.
In a 1 1/2-page opinion, Judge Lynn wrote that the U.S. Magistrate’s findings and conclusions were correct in dismissing the City of Dallas from the lawsuit titled Bertrum Jean vs the The City of Dallas; Amber Guyger, however, remains a defendant in the lawsuit. Bertrum Jean is Botham’s Jean’s father.
Jean’s family charged that Guyger and the City of Dallas were equally responsible for the young man’s murder, which occurred September 16, 2018.
Guyger entered Jean’s apartment by mistake believing it was where she lived.
Jean, an accountant employed by PricewaterhouseCoopers, was sitting on his living room sofa eating ice cream when Guyger shot and killed him.
She testified that she believed he was a burglar.
Jean’s and Lynn’s apartments were located in the same building. The apartment numbers are the same, but the units are on different floors. Jean’s apartment was one floor above Guyger’s.