Judge sets trial date for Robbie Tolan civil rights lawsuit

By Ryan Korsgard - Reporter

HOUSTON - Robbie Tolan's civil rights case will be heard in federal court next year; a federal magistrate judge set the date Wednesday.

Tolan's case will go on trial on Sept. 14, 2015.

He was shot by Bellaire Police Officer Jeffrey Cotton in 2008. Cotton suspected Tolan of driving a stolen car, which he was not. Cotton said he believed Tolan was reaching for a gun when the officer shot Tolan. 

Cotton was acquitted of criminal charges. 

Last May, the U.S. Supreme Court ordered the Fifth Circuit Court of Appeals to reconsider a lawsuit Tolan filed claiming his civil rights were violated.

"Robbie Tolan looks forward to having his day in court versus the city of Bellaire," said Tolan's attorney, Benjamin Crump.

"It's been a long journey. Just looking forward to our day in court," Tolan told Local 2.

The lawsuit claims Tolan's civil rights were violated and that he was racially profiled.

Tolan's mother, Marian Tolan, has never given up on the case. He credits her with keeping his case alive. 

"I'm grateful to God. Grateful. We look forward to our day in court. The Supreme Court agreed that we have a right to be on our own property," said Marian Tolan.

While the case goes to trial next year, the deadlines begin soon.  The next deadline is in December for anyone else to join the lawsuit.

On Tuesday, supporters held a rally for justice outside the courthouse where the hearing was held.

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