A newly filed lawsuit accuses Texas deputies of using excessive force when they fatally shot a man while he was having a mental health emergency in October 2022.

The lawsuit, filed April 11 in an Austin federal court by Kaplan Law Firm on behalf of the man’s wife, names the Llano County Sheriff’s Office, the sheriff and two deputies as defendants.

McClatchy News reached out to the Llano County Sheriff’s Office for comment on April 18 but did not receive an immediate response.

On Oct. 23, 2022, deputies shot and killed 40-year-old Justin Harrod of Kingsland, Texas, the Llano County Sheriff’s Office said in a news release shared the day of the incident.

According to the suit, Harrod “posed no imminent threat of death or bodily harm to the deputies,” and their use of deadly force violated his constitutional right to due process and the protection against unreasonable searches and seizures.

Mental health emergency

Harrod’s wife said throughout the day leading up to his death, he struggled with his mental health as it was the first anniversary of his father’s death, according to the lawsuit.

After a night out dancing with friends, Harrod was experiencing a mental health crisis, the suit says.

Harrod’s wife called 911 around 5:50 a.m. after hearing what she said was a single gunshot, explaining to the dispatcher that she was not being threatened but was concerned for her husband’s safety, according to the lawsuit.

Arrival of law enforcement

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