A federal appeals court heard arguments Tuesday over whether San Antonio police officers were justified in shooting a mentally ill woman through a locked glass door as she held a hammer inside her own apartment.
The case involves Melissa Perez, 46, who was killed by police in 2023 during a schizophrenic episode. Her children are asking the Fifth Circuit to revive their civil rights lawsuit after a lower court dismissed their excessive force claims against the city and two officers.
What Happened During the Fatal Encounter
Police were called to Perez’s apartment building after she cut the fire alarm wires, believing the FBI was using them to spy on her. After initially speaking with officers, Perez retreated into her apartment.
Following a lengthy standoff, three officers attempted to enter through the patio door. When they discovered it was locked, they fired on Perez after she charged toward the door holding a hammer. Two officers’ bullets struck and killed her. The encounter was captured on body camera footage.
The Legal Battle Over Retreat and Threat Assessment
Dan Packard, representing Perez’s children, challenged key factual findings the lower court used to dismiss the case. He disputed the court’s determination that officers could not have easily retreated and argued they knew the door was locked before firing.
The three-judge panel pressed attorneys from both sides on whether the shooting met the legal standard of reasonableness given the specific circumstances — a woman experiencing a mental health crisis, armed with a hammer, behind a locked door.
The case raises questions about how police handle mental health emergencies and whether officers should be granted immunity when they use lethal force against someone who may pose a threat to themselves but is physically separated from police by a barrier.
The Fifth Circuit has not indicated when it will rule. The decision could set precedent for how courts evaluate excessive force claims when officers confront mentally ill individuals who are contained but armed.
Key Points
- Melissa Perez was shot and killed through a locked patio door during a mental health crisis in 2023
- Her children’s excessive force lawsuit was dismissed by a lower court but is now under Fifth Circuit review
- The case turns on whether officers could have retreated and whether they knew the door was locked before firing
https://www.courthousenews.com/fifth-circuit-scrutinizes-police-shooting-of-mentally-ill-woman/ – July 07, 2026
