Fifth Circuit Court Ruling Empowers Family of Houston Man Killed by Police Officer

Fifth Circuit Court Ruling Empowers Family of Houston Man Killed by Police Officer



On April 3, 2025, the United States Court of Appeals for the Fifth Circuit delivered a significant ruling allowing the family of Charles Payne Sr. to proceed with a civil lawsuit against the City of Houston. This ruling follows the tragic death of Payne, a 75-year-old man, caused by a high-speed collision involving Houston Police Department Officer Christopher Cabrera on December 26, 2021.

The incident unfolded when Officer Cabrera, returning to his precinct to finish paperwork after handling a DWI case, drove at an alarming speed of 70 mph in a 35 mph zone without activating emergency lights or sirens. On a typical Sunday afternoon, as Mr. Payne attempted to make a left turn, he was struck by the speeding cruiser, leading to his tragic demise just hours later.

Attorney Ben Crump represents the Payne family and has successfully fought against the City of Houston's attempts to dismiss their negligence claims. The City argued that Officer Cabrera's actions were justified due to a supposed emergency, but the court firmly rejected this, stating that Cabrera was merely rushing to complete his report—not responding to an actual emergency call.

This verdict is especially poignant for the Payne family, who lost a husband, father, and grandfather of thirteen. James E. Sherry, an attorney from McCathern, Shokouhi, Evans, emphasized that the court's ruling serves as recognition not only of the Payne family's grief but also of the broader principle that police officers cannot act with reckless abandon under the guise of authority.

The situation raises pressing questions about accountability within law enforcement. Although police are often tasked with maintaining public safety, this tragic case highlights the need for responsible behavior, even in situations lacking emergent justification. Sherry expressed hope that the ruling vindicates the principle that a badge does not shield one from accountability when their actions lead to needless fatalities.

The beliefs surrounding the necessity of adhering to traffic laws apply to everyone, regardless of their status. Each life lost due to reckless driving is one too many, and the court's decision marks an encouraging step toward ensuring that public servants are held accountable for their actions.

The Payne family continues to seek justice as they navigate the aftermath of their loss. This ruling by the appellate court represents a beacon of hope for them, bringing them closer to achieving recognition and closure while also advancing the fight for civil rights. The McCathern, Shokouhi, Evans law firm remains steadfast in their commitment to defending the rights of those wronged by the very system designed to protect them.

For media inquiries or further information, please contact the McCathern Law Firm at 214-741-2662 or via email at [email protected] This incident resonates deeply within the fabric of our society, reminding us all of the delicate balance between authority, accountability, and public safety.

Topics Policy & Public Interest)

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