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Here's why the city of Dallas wasn't held liable in the Botham Jean shooting

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Here's why the city of Dallas wasn't held liable in the Botham Jean shooting


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A Dallas appellate attorney says he is not surprised at the award handed down in the wrongful death civil trial of former Dallas Police Officer Amber Guyger.

It was a record number for a case where a police officer — off duty, but in uniform — killed an innocent man, Botham Jean.

Appellate attorney Thad Spalding says he’s not surprised at Wednesday’s $98.6 million judgment for the Jean family in the wrongful death lawsuit against Guyger.

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“I think it’s a very natural reaction to what the facts they were presented with,” he said.

The family was awarded $38.6 million in compensatory damages and $60 million in punitive damages.

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“It’s hard to quantify the loss of a loved one,” Spalding said. “And so the way this law works is we put this in the hands of the jurors who get to hear the witnesses, get to hear the family members and decide based on that testimony.”

Family attorney Daryl K. Washington said the city should share in liability with Guyger, but the city filed a motion to be removed from the lawsuit, which was granted.

“The city of Dallas hired Amber Guyger. The city of Dallas was responsible for training Amber Guyger on the night that Botham was killed,” Washington said. “The city of Dallas, the police officers protected Amber Guyger. And yet when you have a situation like this, they kick police officers under the bus, and they run away from the liability.”

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A U.S. Supreme Court case decided in 1978 called Monell Liability keeps municipalities, in many instances, from exposure in these kinds of excessive force civil rights violation cases.

“What the U.S. Supreme Court said under the civil rights statute that this case was brought under is that a city is not responsible in that same way for its officers’ conduct,” Spalding said.

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So while Guyger was considered acting as a police officer, although off duty when she fatally shot Jean in his own apartment, the city has no financial responsibility for her actions.

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“In any other scenario, if you’re driving a truck for a company, and you crash into somebody, and you’re negligent when you do that, you’re acting within the scope of your employment,” said Spalding. “And so your employer is responsible.”

Spalding has appeared before the Fifth Circuit and Supreme Court in Monell Liability cases. He says in order to win against Monell Liability, you have to prove one thing.

“It essentially requires that incidents like this have happened multiple times in the past, that the city was aware of these incidents having happened, and that they didn’t do anything about it,” he explained. “It’s what’s called ‘deliberate indifference.’”

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For Jean’s family and others, it’s a high bar to cross, which is why, more times than not, cities are dismissed from these types of lawsuits.



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Dallas, TX

Dallas mayor’s office denies ‘security concerns’ led to absence

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Dallas mayor’s office denies ‘security concerns’ led to absence


Dallas Mayor Eric Johnson was a no-show at a scheduled public event on Thursday. 

That sparked some confusion and the announcement that the mayor’s public appearances are temporarily canceled due to security concerns.

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But the mayor’s office said it’s not true.

Dallas Mayor Eric Johnson

What’s new:

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Workforce Czar Lynn McBee told the audience at an event to mark a new partnership between the city and Goodwill that the mayor was not in attendance because of an issue surrounding his security. No specifics were provided.

“I want to share Mayor Johnson had planned to be with us today, but was recently advised his public appearances are being temporarily suspended for security reasons,” she said.

Instead of his public appearance, a video that Johnson filmed on Wednesday was played.

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However, after the event, the mayor’s spokesperson denied the claim, noting that he had attended a public event on Thursday morning and has more events scheduled in the days ahead.

The backstory:

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Mayor Johnson recently gained national attention after a dispute with Dallas Police Chief Daniel Comeaux.

Johnson criticized Comeaux for rejecting a $25 million offer to partner with U.S. Immigration and Customs Enforcement.

The mayor has previously told FOX News that he would support efforts by President Donald Trump to deport undocumented migrants accused of violent crimes.

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He argued decisions involving $25 million deals should be reviewed publicly. Johnson also said the partnership could be a way to bring in money that the city and police department need.

What we don’t know:

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We don’t know if Johnson’s recent comments created any security concerns, and his office denies that security issues had anything to do with his absence on Thursday.

However, Johnson’s office did not elaborate on his whereabouts.

The Source: The information in this story comes from a Workforce Dallas and Goodwill Dallas event announcing a major partnership and a statement from Dallas Mayor Eric Johnson’s spokesperson.

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San Antonio vs. Dallas, Final Score: Wembanyama dominates as Spurs win 125-92

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San Antonio vs. Dallas, Final Score: Wembanyama dominates as Spurs win 125-92


Victor Wembanyama has gotten hype from just about everyone in the basketball world leading up to the opening night of the NBA season. He backed it up on opening night by dominating the Dallas Mavericks with 40 points, 15 rebounds, and 3 blocks on 15-21 shooting in the San Antonio Spurs’ 125-92 victory. The superstar’s performance led the Spurs to their first opening-night victory since the 2019-20 season.

The Mavericks hung around for about 20 minutes, until the Spurs started to pull away at the end of the second quarter. San Antonio never looked back after establishing a 20-point lead in the third quarter.

They built their lead with stout defense that led to easy buckets on the offensive end. The Spurs held the Mavs to 37.3% shooting. They stole the ball 10 times and scored 19 points off turnovers. They owned the paint, outscoring Dallas 68-26 inside.

Wembanyama will get all of the attention with his stellar play, but his running mate, Stephon Castle, should get a lot of credit as well. The former Rookie of the Year was disruptive defensively, holding first-overall pick Cooper Flagg to just 10 points in his NBA debut. Castle had 22 points, 7 rebounds, 6 assists, and 2 steals in the win. Anthony Davis led the way for the Mavericks, putting up 22 points and 13 rebounds in the loss.

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The Spurs will look to improve to 2-0 in New Orleans against the Pelicans on Friday night.



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Dallas has 5 cultural centers. Here’s what you need to know about them

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Dallas has 5 cultural centers. Here’s what you need to know about them


Dallas has five cultural venues that are funded by the city of Dallas’ Office of Arts and Culture. These centers celebrate the city’s diversity through art, history and community and provide artistic programming year round. Here’s everything you need to know about each of the centers.

Bath House Cultural Center

Built in 1930 on the shores of White Rock Lake, the Bath House Cultural Center is one of the earliest art deco buildings in Texas. The 10,640 square foot facility once known as the “Old Bath House” was a popular social and recreational hub before closing in 1953.

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In 1981, it reopened as the city’s first neighborhood cultural center in East Dallas. Today, the Bath House is used for all things visual and performing arts. The center houses a “black box” theater, an indoor and outdoor lake level stage, two gallery spaces and a classroom space. The galleries host about eight exhibitions throughout the year and the center hosts art lectures, workshops and summer camps.

The Latino Cultural Center on Thursday, June 29, 2017 in Dallas (Ashley Landis/The Dallas Morning News)

Ashley Landis / Staff Photographer

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Latino Cultural Center

Opened in 2003, the Latino Cultural Center was founded with a mission to prioritize the preservation and development of Latino and Hispanic arts and culture. The 27,000-square-foot center serves as a platform for local artists and arts organizations.

The center features a visual arts gallery, an outdoor plaza and courtyards, and the 300-seat Oak Farms Dairy Performance Hall. Throughout the year, it presents exhibitions, bilingual public programs and festivals highlighting the traditions of Dallas’ Latino communities. Cara Mía Theatre operates out of the Cultural Center, producing four to five plays a year.

The Oak Cliff Cultural Center on Thursday, June 29, 2017 in Dallas (Ashley Landis/The Dallas...

The Oak Cliff Cultural Center on Thursday, June 29, 2017 in Dallas (Ashley Landis/The Dallas Morning News)

Ashley Landis / Staff Photographer

Oak Cliff Cultural Center

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Located on Jefferson Boulevard, the Oak Cliff Cultural Center (OC3) opened in August 2010 next to the historic Texas Theater. Dedicated to enriching and empowering the community through arts and culture programming, the 5,000-square-foot center features an art gallery and a multipurpose studio.

OC3’s art gallery presents about 10 exhibitions each year and regularly hosts artist-led workshops and guest lectures that highlights a range of artistic approaches, mediums and voices. The multipurpose studio features workshops, art, music and dance classes, summer camps and cultural festivals for all ages.

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Clockwise from top, Alex Organ, Christina Austin Lopez, Esteban Vilchez and Liz Mikel are...

South Dallas Cultural Center

The South Dallas Cultural Center first opened in 1988.The 34,000-square-foot facility sits across from Fair Park. The center’s mission is to foster performing, literary and visual arts that allows the public to engage with art and cultural experiences influenced by the African Diaspora.

The SDCC features a 120-seat “black box” theater, a visual arts gallery, a multi-arts studio for dance, two-dimensional arts, ceramics, printmaking and photography, and a full-service audio recording studio. Groups like the African Village Drummers, Dallas Malandros Capoeira and Beckles Dance Company utilize the center for community gatherings.

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The exterior of the Juanita Craft Civil Rights House and Museum in Dallas on Saturday, May...

The exterior of the Juanita Craft Civil Rights House and Museum in Dallas on Saturday, May 20, 2023.

Juan Figueroa / Staff Photographer

Juanita Craft Civil Rights House

Coordinated by the South Dallas Cultural Center, the Juanita Craft Civil Rights House housed one of Dallas´ most significant Civil Rights figures and the second Black woman to serve on the Dallas City Council. Juanita Craft lived in the 1300-square-foot house for 50 years, inviting fellow historical figures such as Lyndon B. Johnson and the Rev. Martin Luther King Jr. to discuss the Civil Rights movement.

In honor of her activism, the house opened as a museum in 2023. The mission focuses on their 2168 Project, which encourages guests to make positive lifestyle changes to improve the quality of their life. The free project offers programming including a book club, craft community club, food club and a music of the Civil Rights listening and discussion series.

Arts Access is an arts journalism collaboration powered by The Dallas Morning News and KERA.

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This community-funded journalism initiative is funded by the Better Together Fund, Carol & Don Glendenning, City of Dallas OAC, Communities Foundation of Texas, The University of Texas at Dallas, The Dallas Foundation, Eugene McDermott Foundation, James & Gayle Halperin Foundation, Jennifer & Peter Altabef and The Meadows Foundation. The News and KERA retain full editorial control of Arts Access’ journalism.



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