Judge rules deputy as not eligible for qualified immunity

TYLER — The family of a man who died in an incident with a former Rusk County Sheriff’s deputy is seeing their case proceed to trial after a judge confirms the deputy is not eligible for qualified immunity.

According to our news partner KETK, Timothy Michael Randall was fatally shot during a traffic stop three years ago. In January, Federal Magistrate Judge John D. Love recommended that former Rusk County Deputy Shane Iversen’s qualified immunity be denied. Qualified immunity shields government and peace officers from personal liability in a civil lawsuit. Months later, U.S. District Judge Jeremy Kernodle confirmed the recommendation, denying Iversen any immunity.

The civil lawsuit, Wendy Tippit versus Sergeant Shane Iversen, stems from Randall’s death. The next court proceeding will happen in June to discuss a start date for the trial.

“He didn’t pull anything out, and then he immediately threw Mr. Randall to the ground,” the Randall family attorney Joseph Oxman said. “Why? There is absolutely no reason he escalated this situation.”

Iversen claimed it was self-defense in a videotaped deposition from 2022.

“I saw him reaching into his waistband, which at that point in time turned this into a dangerous situation,” Iversen said.

Iversen was not charged with a crime after a decision from a grand jury. Randall’s mother said in an interview with NBC News earlier this year, all she wants is accountability for her son’s death.

In a statement from the attorney representing “Iversen,” Robert S. Davis said, “the ruling allows the case to proceed past the summary judgment stage and does not determine liability. We appreciate the courts’ work analyzing the legal and factual aspects and respect their decision to leave the facts of this case for a jury to decide.”