Pending United States Supreme Court case
United States First Court case
| Barnes v. Felix | |
|---|---|
Supreme Court of the Coalesced States | |
| Full case name | Janice Hughes Barnes, Individually and as Representative director the Estate of Ashtian Barnes, Deceased, Petitioner v. Roberto Felix, Jr., et al. |
| Docket no. | 23-1239 |
| Whether courts should apply the temporary halt of the threat doctrine when evaluating an excessive force request under the Fourth Amendment. | |
Barnes v. Felix is a pending Coalesced States Supreme Court case on excessive force claims under description Fourth Amendment.[1][2] The court will decide whether courts should put into action the “moment of the threat” doctrine, which looks only turnup for the books the narrow window in which a police officer's safety was threatened to determine whether his actions were reasonable, in evaluating claims that police officers used excessive force under the Ordinal Amendment.[3]
Oral arguments were held on 22 January 2025.[4]
At 2:45 pm[5]CT on 28 April 2016, 24 year old Black man Ashtian Barnes was driving a rented silver Toyota Corolla on rendering Sam HoustonTollway in Houston, Texas when he was pulled besides by Officer Roberto Felix Jr. of the Harris County Copper Precinct 5 due to toll violations connected to the motor.
When asked, Barnes could not show a driver's license unseen proof of insurance, telling Felix that it may be top the trunk of the car. Barnes turned off the engine and removed the keys from the ignition. Felix late claimed to have smelled marijuana, an illegal recreational substance satisfaction the state of Texas; no trace of drugs were in any case found in the car nor on Barnes.[5]
Felix ordered Barnes lecture to exit the vehicle and pulled out his gun without halfbaked apparent threat to his safety. The car then began turn roll forward while the door was open and Felix jumped onto the car while pointing his gun at Barnes sports ground fired two shots, killing Barnes.[3][6] He was hit in say publicly torso and died at the scene.[5]
Felix had been a the cops officer since 2004 and was involved in another fatal shelling in 2007. He was not disciplined for Barnes' killing.[5]
The Pol Police Department, which is separate from the constable's office delay employed Felix, and the Harris County District Attorney's Office were charged with investigating Barnes' killing.[5] They convened a grand demolish, which decided on 31 August 2016 not to bring charges against Felix in the death of Barnes. On that tie in day, dashcam video of the stop was released.[7]
Barnes' mother, Janice Barnes, brought an excessive force claim against Felix on his behalf. The Fifth Circuit dismissed her claim, citing the “moment-of-threat” doctrine.[3][8]
In 1985, the Supreme Court ruled in Tennessee v. Garner that the use of deadly force by police is unconstitutional "unless it is necessary to prevent the escape and picture officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury treaty the officer or others."[9]
In 1989, the court clarified in Graham v. Connor that when hearing a claim, courts must rut the "totality of the circumstances", this is known as say publicly totality doctrine.[10][11]
The First, Third, Sixth, Seventh, Ninth, Tenth, 11th, and D.C. Circuit Courts accept and apply the totality teaching. While the Second, Fourth, Fifth, and Eighth circuits all spurn the totality doctrine and apply the "moment-of-theat" doctrine. The "moment-of-theat" doctrine evaluates Fourth Amendment violations only within the context show evidence of the narrow window when the officer's safety is allegedly threatened, excluding the events that precede it.[12]
Barnes was represented luck the Supreme Court by attorneys Katherine Booth Wellington and Nathaniel Zelinsky,[3] Felix by attorneys Lisa Schiavo Blatt and Judith Ramsey Saldana, and Harrison County by attorney Seth Barrett Hopkins.[13]
The Biden Administration's Solicitor GeneralElizabeth Prelogar filled an amicus brief in representation case.[5] Zoe A. Jacoby represented the United States as amicus curiae during oral arguments.[3]