Courthouse Steps Decision: Barnes v. Felix

In Barnes v. Felix the Supreme Court addressed what context courts need to consider when evaluating an excessive force claim brought under the Fourth Amendment.

Some circuits, including the Fifth Circuit (which decided Barnes before it reached the Supreme Court), as well as the Second, Fourth, and Eighth Circuits, had adopted the “moment of threat” doctrine. This approach focuses solely on whether there was an imminent danger that created a reasonable fear for one’s life in the immediate moments preceding the use of force. In contrast, other circuits, including the First, Third, Sixth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits, held that courts must consider the “totality of the circumstances” when assessing whether the use of force was justified.

The Court heard oral argument on January 22, 2025, and on May 15 issued a unanimous opinion, authored by Justice Kagan, vacating the Fifth Circuit and remanding. Justice Kavanaugh filed a concurring opinion, which was joined by Justices Thomas, Alito, and Barrett.

Join us for a Courthouse Steps program where we will break down and analyze this decision and what it may mean for excessive force claims moving forward.

Featuring:

• Marc Levin, Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.