Rusk County, TX — A federal appeals court has dismissed an appeal that had paused a lawsuit over the fatal 2022 shooting of 29-year-old Timothy Randall during a traffic stop in Rusk County.
Randall was fatally shot by then-Rusk County Sgt. Shane Iverson on September 14, 2022, in Turnertown after a traffic stop that began when Randall allegedly ran a stop sign. A Rusk County grand jury later no-billed Iverson, meaning no criminal charges were filed against him.
Randall's mother, Wendy Tippitt, filed a federal lawsuit in 2023 alleging that Iverson violated her son's constitutional rights.
In January 2025, U.S. Magistrate Judge John D. Love denied Iverson's request for qualified immunity, a legal doctrine that can protect government officials from civil liability under certain circumstances. U.S. District Judge Jeremy D. Kernodle later upheld that decision.
Iverson appealed, causing the district court proceedings to be paused while the U.S. Court of Appeals for the Fifth Circuit considered the matter.
The Fifth Circuit has now dismissed the appeal, finding that it lacked jurisdiction to review the lower court's determination that genuine disputes of material fact remain in the case. The appeals court emphasized that its ruling should not be interpreted as deciding what facts will ultimately be established at trial.
According to court records, Randall was unarmed. The Fifth Circuit said dashcam footage and the autopsy report provide evidence from which a reasonable jury could conclude Randall was attempting to flee and posed no immediate threat when he was shot.
A Texas Attorney General's Office report provided a different account of the encounter, stating that a struggle began after Randall allegedly attempted to conceal a meth pipe during a pat-down and that Iverson was left in a tactically compromised position on the ground before firing.
The lawsuit can now continue in federal district court. No future court dates have been set. Tippitt is seeking monetary damages from Iverson and Rusk County.
The lawsuit contains allegations that have not been finally adjudicated, and the Fifth Circuit's dismissal does not determine civil liability.