Supreme Court Revives Robbie Tolan Civil Lawsuit In Mistaken Shooting By Bellaire Officer

Source:  Mary Benton /

WASHINGTON – The U.S. Supreme Court Monday reinstated a lawsuit filed by a Bellaire man who claims his constitutional rights were violated when he was shot by a police officer in the driveway of his parents’ home.

In 2008, Robert “Robbie” Tolan was shot by Sgt. Jeffery Cotton of the Bellaire Police Department. A U.S. District Judge tossed out Tolan’s lawsuit claiming Cotton had used excessive force. The decision was upheld by the U.S. Fifth Circuit Court of Appeals.

On Monday, the U.S. Supreme court reinstated the case and remanded it to the Fifth Circuit.

“The Supreme Court essentially gave new life to Robbie Tolan’s lawsuit against Sgt. Cotton and the Bellaire Police Department,” said KPRC Legal Analyst Brian Wice.

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