14-Year-Old Juan Herrera Shot to Death by Midland County, Texas Officer

The Midland County Sheriff’s Department, in Texas, filed a report regarding the death of 14-year old Juan Herrera. Our Texas civil rights law firm has never viewed a custodial death report regarding a person even near that age. The summary portion of the report provides very little detail regarding what occurred, and reads in its entirety:

“On 3-3-2022, a Midland County Deputy attempted to arrest Juan Herrera for Burglary of a Motor Vehicle. During a short foot pursuit, a Midland County Deputy, discharged his firearm resulting in the death of Juan Herrera.”

The United States Constitution requires that any force used by a police officer be reasonable. The 4^th Amendment provides this protection. An officer, to use deadly force, in the situation described in the report regarding Mr. Herrera’s death, must generally fear for his life or serious injury or death to others. If the Constitution was violated with regard to the death of any person, then certain surviving family members may be able to bring a lawsuit. We make no comment about any wrongdoing related to Mr. Herrera’s death, but are instead simply providing information obtained in the custodial death report and information about protection under the United States Constitution.

Written By: Dean Malone

Dean Malone

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.