The family of Botham Shem Jean has filed a lawsuit seeking to force the City of Dallas to pay nearly $100 million in damages, nearly eight years after Jean was fatally shot in his apartment by former Dallas police officer Amber Guyger, according to court records.

Guyger was found guilty of murder in October 2019, and a civil trial in November 2024 resulted in Jean’s family being awarded damages. Guyger appealed her murder conviction in 2020, but it was upheld by a Texas appeals court in 2021.

The suit, filed in early March, claims the city tried to cover staffing gaps by assigning officers to overtime work, leading to fatigue and increased stress. The suit notes that Guyger had clocked out from a nearly 14-hour shift on Sept. 6, 2018, the night she killed Jean. The suit also said she had worked more than 44 hours in the four days leading up to the shooting, including spending a day with the SWAT team.

Guyger, as the suit recalls, mistakenly parked on the fourth floor of the parking garage attached to the apartment community Jean and her both lived in after that shift; Guyger lived on the third floor, while Jean lived on the fourth floor. She mistakenly entered Jean’s apartment and, believing him to be an intruder, fatally shot him.

Why hasn’t the city paid?

The family’s suit claims the city government “refused to take responsibility” for Jean’s death. However, the suit said the city still had a legal obligation to defend Guyger and indemnify her as the wrongful death claims were not dismissed, even though the city was able to get some federal civil rights violation claims dismissed.

Jean’s family proceeded with a civil complaint against Guyger in November 2024, with a jury siding with the family.

A spokesperson for the City of Dallas told CBS News Texas that it doesn’t comment on litigation.

What does the family want?

According to the suit, Jean’s family wants the court to enter a declaratory judgement against the city. The judgement, if accepted, would declare that Guyger – as a Dallas city employee – was indemnified for liability under the city’s employee liability plan and thus force the city to compensate them. It would also clearly declare that Guyger caused Jean’s death under the liability plan, that Jean’s family is entitled to sue the city to recover the monetary judgement, and that the city is obligated to pay the sum necessary to satisfy it. 

Jean’s family also wants the city to pay for court costs and attorneys fees.

A hearing for this case has been set for May 14, 2026.

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