The civil rights lawsuit filed by Darlene and Debra Bollinger against the City of Snyder has been thrown out of Lubbock federal court. U.S. District Judge Sam Cummings did not dispute their claims nor did he say the actions of Snyder police officers were correct. Instead, he said the Bollingers had not reached the legal threshold to continue their claim.
The Bollingers sued Snyder in Lubbock federal court late last year. They claimed that they called 911 when Benny Bollinger was suffering from what appeared to be a heart attack. Mr. Bollinger was Darlene's husband and Debra's father.
Police came into their house and according to the lawsuit officers stopped Darlene and Debra from doing CPR. Later an EMS crew arrived and resumed CPR but Mr. Bollinger was later pronounced dead.
According to court records, officers believed that Mr. Bollinger was "gone too long" and CPR would not help.
The judge ruled that the police officers Matt Wynn, Brian Peterson, and Lea Tarter are entitled to qualified immunity. In other words, they can't be sued unless they are grossly incompetent or intentionally broke the law. Cummings ruled that the Bollingers have not pleaded their case sufficiently to overcome qualified immunity.
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