HOUSTON – The civil lawsuit against a Bellaire police officer who shot an unarmed man in the man's family's driveway has been set for next year.

Robbie Tolan's attorney announced that the hearing would take place on Sept. 14, 2015 during a brief press conference that followed a court hearing Wednesday.

The shooting happened on New Year's Eve in 2008. Since then, the police officer who shot Robbie Tolan has been acquitted. The family's civil rights lawsuit filed in federal court had been shot down, but a unanimous high court decision changed everything. The court ruled the 5th Circuit Court of Appeals didn't take into account evidence provided by the Tolan family in prior rulings.

Bellaire police said they mistakenly shot Tolan believing he was armed and had stolen a vehicle. Tolan's family said he was profiled and shot because he was black. And now Crump, Trayvon Martin family's attorney, will help the Tolan family make its case.

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

A community rally was held for Tolan the day before the hearing.

"It's been a long journey, just looking for an end," Tolan said Wednesday.

His mother Marian Tolan agreed.

"We are just grateful to God, we're just grateful that the Supreme Court did what they should have done," she said.


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