By Aria Jones
More than five years after Diamond Ross died of an overdose while in Dallas police custody, a federal judge dismissed a civil lawsuit filed by her family.
Ross’ family sought answers and called for disciplinary action in the years since the 34-year-old’s death in 2018.
Video footage released by police in 2019 shows Ross repeatedly asking officers for water and help as she was put in a patrol car and taken to jail.
The federal civil lawsuit, filed in 2020, sought damages and policy changes from those involved, including two police officers, the Dallas Police Department, Dallas Fire-Rescue and the Dallas marshal’s office.
U.S. District Judge Ada Brown dismissed the case on Dec. 4, according to federal court documents. Police department officials declined to comment on the outcome of the civil lawsuit. Officials from the city of Dallas also declined, citing pending litigation.
”It’s incredibly disappointing,” said Justin Moore, an attorney for the family, adding that he believed claims in the lawsuit were viable.
Ross’ death spurred protests. In 2019, Mayor Eric Johnson called the police actions “unacceptable.” In 2021, a coffin with “Diamond Ross” scrawled across the top was found on the front lawn of Dallas County District Attorney John Creuzot’s home.
The DA office issued a statement shortly after the coffin was discovered noting that the criminal case in her death would be presented to a grand jury once authorities finished an investigation. The grand jury declined to indict the two officers on criminal charges related to Ross’ death.
Moore said the recent federal lawsuit dismissal raises questions about whether victims of police brutality have their cases looked at in an unbiased way that offers “every opportunity to get the type of legal recourse they deserve.”
The lawsuit was dismissed before going to a jury.
”I fully believe that if this case would have went in front of a jury, we would have made our arguments in a way in which every juror that would have heard this case would have ruled in favor of Ms. Ross,” Moore said.
Dallas police investigation, records of arrest
Ross was taken into custody the morning Aug. 18, 2018, in the 1400 block of Exeter Avenue, less than a mile from her home in southern Dallas.
Police said Ross had been arguing with her boyfriend and acting erratically, including by punching through an air-conditioning unit. It took multiple officers to subdue her, police records show.
Dallas Fire-Rescue officials cleared her to be taken to jail, but police instead took her to the city detention center for booking on outstanding warrants, which was about 8 miles away. Once at the detention center, she was found unresponsive, and another Dallas Fire-Rescue crew took her to a hospital, where she died the next day.
Videos released by the police department in 2019 showed Ross asking for help and water. She was seen being dragged into a holding cell and placed in a wheelchair, where she slumped for several minutes before receiving emergency medical care.
Ross’ mother, Ethelyn Ross, told The Dallas Morning News around that time that the family was under the impression Ross died of a drug overdose but, after seeing the videos, felt first responders could have done more to save her as she pleaded for help.
Ross died from an accidental overdose of an illegal psychedelic drug, PCP, which is also known as angel dust, according to the county medical examiner’s office.
An internal investigation by Dallas police found that the two officers — Sr. Cpl. Larry Moody who was training William Ortega at the time — gave “improper” transport to a prisoner and failed to provide medical treatment.
Moody was issued a written reprimand. Ortega resigned during the internal investigation.
Lawsuit dismissed
The civil lawsuit filed by Ross’ family named several city agencies, officers Moody and Ortega, along with other unnamed employees. It sought an acknowledgment that Ross’ rights were violated, along with damages and policy changes in procedures related to mental health and substance abuse intervention.
”Broadly speaking …If the officers that arrived on the scene that day had had a healthy respect and understanding of mental health episodes,” Ross likely would still be alive, Moore said.
When asked if it had made policy changes since Ross’ death, Dallas police officials cited an arrest policy and said in a written statement that “we constantly review our policies and practices to make sure they align with the safest and most effective options for everyone involved.”
Over time, the court dismissed claims in the lawsuit, including allegations of negligence, violations of Ross’ constitutional right to medical care and violations of the Americans with Disabilities Act. This led to the entire case being dismissed in December, according to court documents.
The dismissal was “with prejudice,” meaning the lawsuit cannot be refiled. Ross’ family could seek an appeal.
