The U.S. Supreme Court is set to hear arguments in the case of Barnes v. Felix, which centers on the standards for evaluating police use of deadly force. The case stems from a 2016 incident in Houston where Texas police officer Roberto Felix fatally shot Ashtian Barnes during a traffic stop. The shooting occurred after Felix jumped onto the moving vehicle driven by Barnes, who was stopped for outstanding toll violations. Lower courts ruled in favor of Felix, applying the 'moment of the threat doctrine,' which focuses only on the seconds before the shooting. However, the Supreme Court will consider whether the 'totality of the circumstances' should be taken into account, including the events leading up to the use of force. This decision could impact how courts nationwide evaluate claims of excessive force by police officers. The case has drawn attention from various groups, with Janice Hughes, Barnes' mother, filing a lawsuit alleging excessive force in violation of the Fourth Amendment. The Giffords Law Center, supporting Hughes, argues for a broader consideration of circumstances, while the National Sheriffs' Association supports Felix, citing officer safety and effective policing. The Cato Institute also filed an amicus brief in support of considering the totality of the circumstances, arguing against the moment of threat test.
I haven't written on this SCOTUS 4A case b/c the issues only come up in civil excessive force cases, not more broadly in 4A law. But flagging today's oral argument in Barnes v. Felix. Might blog more later. https://t.co/jeaD9FrmSe #N https://t.co/atg5J4MjOq
SCOTUS appeared inclined to revive a Texas woman's civil rights lawsuit against the Houston police officer who fatally shot her son during a traffic stop in a case that could make it easier for plaintiffs to show that police unlawfully used excessive force https://t.co/kkTluISMn9 https://t.co/KJ28LPagzC
Supreme Court takes on accountability for police shootings https://t.co/oP2vbcbwXe