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 (from Petition)

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."

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

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
M. Patricia Cantu
U.A. LewisThe Lewis Law Group, PLLC, Petitioner