No. 25-493

M. Patricia Cantu, et vir v. Austin Police Department, et al.

Lower Court: Fifth Circuit
Docketed: 2025-10-22
Status: Denied
Type: Paid
Response Waived
Tags: americans-with-disabilities-act fourth-amendment law-enforcement mental-health reasonable-accommodations use-of-force
Key Terms:
SocialSecurity FourthAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether Title II of the Americans with Disabilities Act is violated when law enforcement officers fail to provide reasonable accommodations to a suicidal and mentally distressed individual during an active encounter, pursuant to the Fifth Circuit's categorical 'no ADA duty until the scene is secure' rule

Question Presented (OCR Extract)

1. Whether Title II of the Americans with Disabilities Act is violated when law enforcement officers fail to provide reasonable accommodations to a suicidal and mentally distressed individual during an active encounter, pursuant to the Fifth Circuit’s categorical “no ADA duty until the scene is secure” rule, an approach rejected by multiple other circuits, and in conflict with this Court’s decision in Barnes v. Felix, 605 U.S. ___ (2025), which requires consideration of “the totality of the circumstances” rather than a narrow “moment-of-threat” after the need for accommodations.2. Whether the Fourth Amendment permits officers to continue firing lethal rounds at an individual after the individual has been incapacitated and no longer poses a threat, in conflict with the holdings of this Court and multiple circuits that each separate use of deadly force must be independently justified under the “totality of the circumstances.” i

Docket Entries

2026-01-12
Petition DENIED.
2025-12-10
DISTRIBUTED for Conference of 1/9/2026.
2025-11-22
Waiver of right of respondent Austin Police Department, et al. to respond filed.
2025-08-15
Petition for a writ of certiorari filed. (Response due November 21, 2025)
2025-06-16
Application (24A1238) granted by Justice Alito extending the time to file until August 15, 2025.
2025-06-07
Application (24A1238) to extend the time to file a petition for a writ of certiorari from June 16, 2025 to August 15, 2025, submitted to Justice Alito.

Attorneys

Austin Police Department, et al.
Monte L. Barton Jr.Austin City Attorney's Office, Respondent
Monte L. Barton Jr.Austin City Attorney's Office, Respondent
M. Patricia Cantu
U.A. LewisThe Lewis Law Group, PLLC, Petitioner
U.A. LewisThe Lewis Law Group, PLLC, Petitioner