Botham Jean's family to appeal ruling dismissing Dallas from wrongful death lawsuit

DALLAS - Lawyers representing the family of Botham Jean have filed a notice of appeal with the Fifth Circuit Court of Appeals in New Orleans after a federal judge removed the city of Dallas from their civil rights lawsuit.

Guyger shot and killed Jean after mistaking him for an intruder in her apartment when she was actually at his unit.

Jean's family sued the city last year, along with Guyger, and the lawsuit alleged the city of negligence in police training.

Last week, a federal judge dismissed the city of Dallas from the lawsuit.

RELATED: Dallas dismissed from Botham Jean wrongful death lawsuit

Lawyers representing the family of Botham Jean have filed a notice of appeal with the Fifth Circuit Court of Appeals in New Orleans after a federal judge removed the city of Dallas from their civil rights lawsuit.

Guyger shot and killed Jean after mistaking him for an intruder in her apartment when she was actually at his unit.

“To be honest with you, we were really surprised by this,” said Daryl K. Washington, attorney for the Jean family.

Washington was surprised federal Judge Barbara Lynn removed the city of Dallas from the federal civil rights lawsuit against Amber Guyger and the city in Gugyer’s killing of Jean in his apartment

She was at what she thought was her apartment.

Her shift had ended, but Washington said he believes she acted as an on-duty police officer using her training.

“She thought a crime was being committed. At that point, she became - even if she was off-duty - she became on-duty because she had reasonable suspicion that a crime was being committed,” Washington said. “So if something was being committed in that apartment, alright, Amber Guyger would have had the legal authority to place that person under arrest. So there is no question that she was on-duty at that point.”

Judge Lynn dismissed the city from the lawsuit, saying the plaintiffs failed to state a claim against the city.

“The facts that existed in this case did not marry with the law in order for this case to proceed,” former prosecutor Aaron Wiley, who is not involved in this case, said. “Something so bad and so egregious happened. Who pays for this? Who pays for this? But it’s not the city of Dallas.”

Wiley added that no other officer-involved shootings of an unarmed man in Dallas has this set of facts.

“They're so unusual and so unique, and that the person is not on duty and the person is not acting in an official capacity,” Wiley said. “And to try to ink that with either the responsibility of the city, or the training of their officers, is a very difficult task.”

In response to Judge Lynn's ruling, Washington filed a notice to appeal for Jean’s family.

“What I hope happens at the Fifth Circuit is that the Fifth Circuit looks at the fact that Amber Guyger was actually an on-duty police officer, and that our pleadings properly show other incidents in Dallas that involve police officers shooting unarmed individuals. And based on that, we would have alleged enough facts that would allow this case to at least go forward,” Washington said.

It’s not yet known when this appeal will be heard.

Guyger was found guilty in Jean’s murder, and is serving a 10-year prison sentence.