M. Patricia Cantu, et vir v. Austin Police Department, et al.
SocialSecurity FourthAmendment DueProcess JusticiabilityDoctri
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
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