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