Case Info: Barnes v. Felix | Case No. 23-1239 | Date Argued: 1/22/25 | Date Decided: 5/15/25

Link to Docket: Here.

Background:

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).

Question Presented: Whether courts should apply the moment of the threat doctrine when evaluating an excessive force claim under the Fourth Amendment.

Holding: A claim that a law enforcement officer used excessive force during a stop or arrest is analyzed under the Fourth Amendment, which re­quires that the force deployed be objectively reasonable from the per­spective of a reasonable officer at the scene. The inquiry into the reasonableness of police force re­quires analyzing the totality of the circumstances. That analysis demands careful attention to the facts and circum­stances relating to the incident. Most notable here, the totality of the circumstances inquiry has no time limit.

Result: Vacated and remanded.

Voting Breakdown: 9-0. Justice Kagan delivered the opinion for a unanimous Court. Justice Kavanaugh filed a concurring opinion, in which Justices Thomas, Alito, and Barrett joined.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: Nathaniel A.G. Zelinsky, Washington, D. C.; and Zoe A. Jacoby, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
• For Respondents: Charles L. McCloud, Washington, D. C.; and Lanora C. Pettit, Principal Deputy Solicitor General, Austin, Tex. (for Texas, et al., as amici curiae.)

Website Link to Oral Argument: Here.

Apple Podcast Link to Oral Argument: Here.

Timestamps:

[00:00] Introduction

[00:38] Justice Kagan Unanimous Opinion

[04:35] Justice Kavanaugh Concurring Opinion

[10:12] Case Implications