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

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-50397 · judgment January 17, 2025


Certiorari denied · January 12, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  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.”

Counsel of record

For petitioner
U.A. Lewis
The Lewis Law Group, PLLC

For respondent
Monte L. Barton Jr.
Austin City Attorney's Office

Case

Conference history
Distributed for 1 conference

Linked docket
24A1238

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 10 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Nov 22 2025
    Waiver of right of respondent Austin Police Department, et al. to respond filed.
  4. Aug 15 2025
    Petition for a writ of certiorari filed. (Response due November 21, 2025)
  5. Jun 16 2025
    Application (24A1238) granted by Justice Alito extending the time to file until August 15, 2025.
  6. Jun 07 2025
    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.