⚖ Oral Arguments, with Context

The Fifth Circuit hears Tarver versus Hernandez. Darius Tarver was a twenty-three-year-old University of North Texas student. His father's complaint described a recent head injury and unusual behavior. His roommate called for medical help at their apartment. Police arrived, and Tarver came down the stairs carrying a frying pan and a meat cleaver. Hernandez used a Taser, and Downing shot him. Tarver fell and dropped the cleaver, which an officer kicked away. He got back up, a second Taser attempt failed to subdue him, and Downing fired again. Tarver died. His father, Kevin, sued on behalf of the estate, alleging excessive force. The district judge reviewed body-camera footage and dismissed the claims against the officers without a trial. He found the force reasonable and also held that the officers were protected by qualified immunity. That defense shields officers from damages unless they violated a federal right and the unlawfulness of their conduct was clearly established at the time. At the pleading stage, courts generally accept a plaintiff's factual allegations, but video can override an allegation it clearly contradicts. Lee Merritt will ask the court to revive the claims, contending that the judge resolved disputed movements against Tarver. The key questions are what the video actually establishes and whether each use of force was justified.

Tarver v. Hernandez (No. 26-40070) — U.S. Court of Appeals for the Fifth Circuit, argued October 6, 2026.