Barnes et al v. RMS Protective Services et al

On October 2, 2025, at a Houston, Texas shopping complex, RMS Protective Services guards confronted a teenage member of the Barnes family over a suspected theft. The situation quickly escalated when guards allegedly used physical restraints and a chokehold on the teen. Marcus Barnes, the teen's father, intervened and was violently subdued by the guards, suffering fatal injuries. The plaintiffs filed suit in federal court alleging excessive force, wrongful death, battery, and deprivation of civil rights under 42 U.S.C. § 1983, asserting the guards acted under color of law due to off-duty police employment and special police powers. RMS Protective Services is also sued for negligent hiring, training, and supervision.

As of mid-2026, the case remains in pre-trial litigation. The court denied the defendants' motion to dismiss the § 1983 and negligence claims, allowing the lawsuit to proceed toward discovery and possible trial.

Whether the security guards' use of lethal force was excessive and unreasonable; whether the guards and their employer can be held liable for constitutional violations under color of law; and whether RMS Protective Services was negligent in its hiring and training practices.

The incident intensified public scrutiny over the largely unregulated private security industry and its use-of-force standards, drawing comparisons to high-profile police conduct cases. Community protests demanded mandatory de-escalation training, statewide licensing reforms, and greater accountability mechanisms for security contractors operating in public spaces.