(WBAP/KLIF) — A federal appeals court has overturned a lower court’s ruling and said a family’s lawsuit can proceed over the 2016 death of a Dallas man in police custody.

A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled, Friday, that the family of Tony Timpa may proceed with their suit against four Dallas police officers. Tthe family accuses one officer of using excessive force on Timpa and the others of failing to intervene.
A federal judge in Dallas threw out the lawsuit, citing qualified immunity doctrine protecting the officers from liability, but the appeals court panel disagreed the rationale.
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