SCOTUS to decide "unreasonable force" by a police officer

 23-1239 BARNES V. FELIX 

DECISION BELOW: 91 F.4th 393 CERT. 

GRANTED 10/4/2024 

ARGUED: January 22, 2025

FACTS: On April 28, 2016, Officer Roberto Felix Jr. fatally shot Ashtian Barnes during a traffic stop on the Harris County Tollway. After spotting Barnes’s Toyota Corolla, which had been flagged for toll violations, Felix initiated a stop and Barnes pulled over to the median. When Felix requested documentation, Barnes, who was driving a car rented in his girlfriend’s name, could not produce it and began “digging around” in the car. Claiming he smelled marijuana, Felix questioned Barnes, who then turned off the vehicle and suggested checking the trunk for documentation. Dash cam footage shows that after Barnes opened the trunk and exited the vehicle at Felix’s request, the car’s blinker came back on and the vehicle began to move. Felix, with his weapon drawn, stepped onto the moving car and pressed his gun against Barnes’s head. While holding onto the car frame with his head above the roof—leaving him unable to see inside the vehicle—Felix fired two shots. Barnes’s vehicle stopped, and he was pronounced dead at the scene at 2:57 p.m. Though both the Houston Police Department and Harris County Precinct 5 Constable's Office investigated the incident, a grand jury found no probable cause for an indictment.

The district court granted summary judgment to the defendants, focusing exclusively on the two seconds before the shooting when Barnes’s car began moving with Felix holding onto it. The court ruled that because Felix reasonably feared for his life in that moment, his use of deadly force was justified regardless of his previous actions, such as jumping onto the moving vehicle. The U.S. Court of Appeals for the Fifth Circuit affirmed. 

QUESTION PRESENTED: The Fourth Amendment prohibits a police officer from using "unreasonable" force. U.S. Const. amend. IV. In Graham v. Connor, this Court held that reasonableness depends on "the totality of the circumstances." 490 U.S. 386, 396 (1989) (quotation marks omitted). But four circuits-the Second, Fourth, Fifth, and Eighth-cabin Graham. 

Those circuits evaluate whether a Fourth Amendment violation occurred under the "moment of the threat doctrine," which evaluates the reasonableness of an officer's actions only in the narrow window when the officer's safety was threatened, and not based on events that precede the moment of the threat. In contrast, eight circuits-the First, Third, Sixth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits-reject the moment of the threat doctrine and follow the totality of the circumstances approach, including evaluating the officer's actions leading up to the use of force. 

In the decision below, Judge Higginbotham concurred in his own majority opinion, explaining that the minority approach "lessens the Fourth Amendment's protection of the American public" and calling on this Court "to resolve the circuit divide over the application of a doctrine deployed daily across this country." Pet. App. 10a-16a (Higginbotham, J., concurring). 

The question presented-which has divided twelve circuits-is: Whether courts should apply the moment of the threat doctrine when evaluating an excessive force claim under the Fourth Amendment.

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