Houston is appealing to the U.S. Court of Appeals for the Fifth Circuit to cancel a $13 million jury verdict. The jury had held the city responsible for the 2021 death of 75-year-old Charles Payne after a collision with a Houston police patrol car, saying his death could have been prevented and that police practices allowed reckless driving.
The city filed its notice of appeal after a federal judge recently rejected Houston’s request for a new trial, according to Houston Public Media. The appeal is listed on the Fifth Circuit’s docket as Payne v. City of Houston, No. 25-20492. Court records on Justia reflect the filing in the New Orleans-based court.
In late November, a federal jury awarded $13 million to Payne’s widow and seven children after concluding that HPD’s policies and customs were “the moving force” behind the deadly crash. Trial evidence included testimony that Officer Christopher Cabrera was driving about 70 mph in a 35 mph zone when his patrol car hit Payne’s vehicle on North Shepherd Drive on December 26, 2021.
Lawyers for the Payne family argued that department deadlines and weak oversight pushed officers toward risky driving and urged jurors to hold the city responsible for the consequences. Civil rights attorney Ben Crump and the family’s legal team hailed the verdict as a win for public safety, according to ABC13.
What happens next in court
On appeal, Houston is asking the Fifth Circuit to either overturn the verdict outright or cut the size of the award, arguing that the jury’s liability findings and damages were tainted by legal error and should be revisited. The active appeal docket on Justia shows briefing deadlines being set, and the review process is expected to stretch on for many months.
Policy and local fallout
Legal observers note that cities often appeal large civil-rights verdicts, but the jury’s finding of “deliberate indifference” toward public safety is already increasing pressure on City Hall to scrutinize HPD pursuit rules and supervision. At trial, the record noted a two-hour paperwork expectation that, according to plaintiffs, nudged officers toward unsafe speeds, a detail that could loom large in any policy debate, Houston Chronicle coverage noted.
We first reported on the jury’s decision in Houston Family Awarded $13M and will keep an eye on new filings as the case winds its way through the appeals process, as per Hoodline. For now, the challenge to the verdict puts the $13 million judgment on hold while the Fifth Circuit weighs the legal questions Houston has raised.
