Jean et al vs. Guyger et al
Case Background
On October 26, 2018, Plaintiff Bertrum Jean and others filed a Wrongful Death lawsuit in the United States District Court, Texas Northern (Case number: 3:18cv2862). Judge Barbara M. G. Lynn presided over the case.
Cause
Amber Guyger, an off-duty Dallas Police officer, mistakenly entered Botham Shem Jean’s apartment on September 6, 2018, believing it was her own. Guyger had finished a 13-hour patrol shift and returned to the Southside Flats Apartment Complex, where she lived. She parked on the wrong parking garage floor, exited her vehicle, and walked past numerous signs, illuminated apartment numbers, and a distinctive red doormat indicating she was on the wrong level. Despite these clear visual cues, she proceeded to Jean’s apartment, located directly above hers, and attempted to open the door using her key fob. When the fob failed to work and the door opened, she entered Jean’s apartment without hesitation.
Inside, Guyger encountered Jean, a 26-year-old accountant, sitting on his sofa. Jean, who posed no threat, was relaxing in his own home. Guyger, in full police uniform, immediately drew her service weapon and issued verbal commands. Jean, unarmed and confused, began to rise from his seat, but Guyger fired a fatal shot to his chest without justification. After shooting Jean, Guyger shouted additional commands and called 911. During the call, she made incriminating statements while failing to provide any emergency aid or life-saving measures. Jean succumbed to his injuries shortly after paramedics arrived and transported him to a nearby hospital.
Jean was a respected accountant on the partnership track at PricewaterhouseCoopers and a vibrant community member. He actively served as a worship leader at Dallas West Church of Christ and hoped to one day return to his home country, Saint Lucia, to pursue a political career. His sudden and tragic death shocked his family and community.
Injuries
Botham Jean suffered immense pain and mental anguish in the moments before his death. The fatal shooting not only ended a promising life but also inflicted devastating emotional and financial losses on his family. Bertrum and Allison Jean, his parents, experienced profound grief, emotional distress, and the irreparable loss of their beloved son. The couple also endured the destruction of their parent-child relationship, losing Jean’s companionship, guidance, and potential financial support. The family incurred significant funeral and burial expenses and faced additional trauma when the Dallas Police Department publicized unrelated information to discredit Jean’s character in the days following his death.
Damages
Through this lawsuit, the Plaintiffs sought compensation for wrongful death, survival damages, and mental anguish.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Bertrum Jean, Individually and as the surviving father of Botham Shem Jean | Allison A Jean, Individually and as the surviving mother of Botham Shem Jean | Allisa E Findley, as the Administrator of the estate of Botham Shem Jean
- Counsel for Plaintiff: Bhavani Keeran Raveendran | Antonio Romanucci | Benjamin Lloyd Crump | Brooke Cluse | Colton Johnson Taylor | Daryl K. Washington | Gabrielle Higgins | Sam Harton
- Experts for Plaintiff(s): Jeronimo “Jerry” Rodriguez | William Harmening | Michael Maloney | Stan V. Smith, Ph.D.
- Defendant(s): Amber Guyger
- Counsel for Defendants: Pro Se
- Experts for Defendant(s): Steven D. Ashley | Helen Reynolds
Key Arguments or Remarks by Counsel
During closing arguments, attorneys for Jean’s family asked the jury to send a message that Dallas County residents “are going to be safe in our homes
Daryl Washington, the family’s attorney, told USA TODAY the jury decision “sends a message loud and clear that police brutality is not going to be accepted.”
“I think whenever verdicts like this come out, it has a potential of saving lives,” Washington said. “It’s going to really force a police officer to think deep and long before they decide to use deadly force in a situation where it’s not justifiable.”
Claims
The Plaintiffs brought a lawsuit against Amber Guyger and the City of Dallas under 42 U.S.C. § 1983, alleging violations of Jean’s Fourth Amendment rights. They argued that Guyger used excessive and unjustifiable deadly force, which directly caused Jean’s wrongful death. The Plaintiffs also claimed that the City of Dallas failed to properly train and supervise its police officers, creating a culture that tolerated and perpetuated such misconduct. The City’s inadequate training policies and its history of excessive force incidents involving minorities further demonstrated systemic failures. Through this lawsuit, the Plaintiffs sought compensation for wrongful death, survival damages, and mental anguish. They emphasized the need for justice and accountability, highlighting the lasting emotional and economic impact of Botham Jean’s tragic death on his family.
Defense
Amber Guyger’s defense claimed that on September 6, 2018, after finishing her police shift, she accidentally parked on the fourth floor of her apartment building’s garage instead of the third floor where she lived. She walked down the fourth-floor hallway to apartment 1478, which was directly above her own apartment (1378), still in her police uniform. She inserted her key into the door and noticed it was slightly open. Upon entering, she saw Botham Jean, whom she did not know, standing inside. Guyger claimed she believed she was in her own apartment and thought Jean had broken in. When Jean allegedly ignored her commands and moved toward her, she drew her service weapon and shot him in the chest.
After shooting Jean, Guyger stated she realized she was not in her apartment. She called 911 to report the shooting, and Jean was later transported to the hospital where he died from the gunshot wound. Guyger told responding officers she had thought she was in her own apartment. Her defense maintained that, based on what she knew at the time, she reasonably believed she had entered her own apartment. They argued that Jean had unlawfully entered with force. They claimed she used only the amount of force that was objectively reasonable and necessary under the circumstances known to her at that time. Furthermore, her defense stated that her actions were taken as a private citizen, not within her authority as a Dallas police officer. Alternatively, they argued that if she acted within her official capacity, she was entitled to qualified immunity.
Expert Testimony
The Plaintiffs called expert witnesses to argue that Officer Amber Guyger’s use of deadly force against Botham Jean was excessive and violated Dallas Police Department (DPD) policies. Jeronimo “Jerry” Rodriguez testified that Guyger failed to follow her training and DPD guidelines. He explained that, as an on-duty officer, Guyger should have retreated and waited for backup rather than using deadly force. William Harmening, an expert on police practices, outlined the sequence of events. He stated that Guyger entered Jean’s apartment and fired two rapid shots. This occurred as Jean was transitioning from sitting to standing. Michael Maloney, a death scene reconstruction expert, confirmed this timeline. He did so through analysis of bullet trajectories and bloodstain patterns. His analysis provided critical insights into the physical evidence.
To assess the incident’s emotional and economic impact, Stan V. Smith, Ph.D., testified about Jean’s loss of enjoyment of life, quantifying the hedonic damages and emphasizing the loss of his future potential.
The Defendants presented Steven D. Ashley, who defended Guyger’s actions as consistent with law enforcement standards. Helen Reynolds, an economics expert, disputed the Plaintiffs’ financial claims by providing alternative projections of economic damages.
Jury Verdict
On November 20, 2024, the jury awarded $2,000,000 for the mental anguish Botham Jean experienced before his death, $5,500,000 for lost future earnings, and $2,750,000 for the loss of his capacity to enjoy life. In compensatory damages to Jean’s family, Allison Jean received $500,000 for past loss of companionship and society, $2,000,000 for future loss of companionship, $6,000,000 for past mental anguish, and $5,700,000 for future mental anguish. Bertrum Jean was awarded identical amounts in each category, reflecting the shared emotional impact on Botham Jean’s parents.
The jury further determined that Guyger acted with malice or reckless indifference to Botham Jean’s rights and safety. Based on this finding, they imposed $60,000,000 in punitive damages, holding Guyger accountable for her conduct. The total verdict amounted to $98.65 million.
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