Recent Development by Reginald R. White, III
Two deputies from the Harris County, Texas, Sheriff's Department, Barry Rizk and Robert Nichols, killed Roland Brothers, Jr., on November 5, 1988, to prevent his escape. Earlier that day, the Jersey Village Police Department had arrested Brothers on the charge of automobile theft. Rizk and Nichols had taken custody of Brothers and transported him to the Harris County Jail. At the sallyport of the jail, Brothers managed to extricate himself from his shackles. Ignoring the deputies' warnings to stop, he ran towards the exit of the sallyport. Neither deputy believed that the unarmed Brothers posed any danger to them or the outside community. Nevertheless, they shot Brothers twelve times. They acted pursuant to the official policy of the sheriff's department that authorized the indiscriminate use of deadly force against escaping prisoners.
Brothers' widow and children filed a claim in state court against Harris County and Johnny Klevenhagen, in his official capacity as county sheriff, alleging a violation of Brothers' civil rights under 42 U.S.C. § 1983 and wrongful death. The defendants removed the action to federal district court, which granted summary judgment in their favor. The United States Fifth Circuit Court of Appeals held that the use of deadly force to prevent the escape of nondangerous pretrial detainees does not violate the Due Process Clause of the Fourteenth Amendment. Brothers v. Klevenhagen, 28 F.3d 452 (5th Cir.), cert. denied, 115 S. Ct. 639 (1994).
About the Author
Reginald R. White, III.
Citation
69 Tul. L. Rev. 1051 (1995)