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Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased v. Roberto Felix, Jr., et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-20519 · judgment January 23, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.
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.
Counsel of record
For petitioner
Katherine Booth Wellington
Hogan Lovells US LLP
For respondent
Lisa Schiavo Blatt
Williams & Connolly LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
7 cert-stage · 25 merits
(16 supporting pet./neither, 9 respondent)
Argument & decision
Argued January 22, 2025 — Nathaniel A.G. Zelinsky · Charles L. McCloud. Audio and transcript
Decided May 15, 2025. Opinion by Kagan.
Proceedings
- Jun 16 2025Judgment Issued.
- May 15 2025Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Kavanaugh, J., filed a concurring opinion, in which Thomas, Alito, and Barrett, JJ., joined.
- Jan 22 2025Argued. 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.)
- Jan 17 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Jan 17 2025Record received relectronically from the United States District Court for the Southern District of Texas and available with the Clerk.
- Jan 08 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Jan 08 2025Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
- Jan 08 2025Reply of petitioner Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased filed. (Distributed)
- Dec 20 2024Brief amici curiae of Texas Municipal League Intergovernmental Risk Pool, et al. filed. (Distributed)
- Dec 20 2024Brief amici curiae of California State Sheriffs' Association, et al. filed. (Distributed)
- Dec 20 2024Brief amici curiae of National Police Association, et al. filed. (Distributed)
- Dec 20 2024Brief amicus curiae of National Fraternal Order of Police filed. (Distributed)
- Dec 20 2024Brief amici curiae of Peace Officers Research Association of California, et al. filed. (Distributed)
- Dec 20 2024Brief amici curiae of Texas, et al. filed. (Distributed)
- Dec 20 2024Brief amici curiae of Wisconsin Coalition of Law Enforcement, et al. filed. (Distributed)
- Dec 20 2024Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
- Dec 19 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Dec 19 2024Brief amicus curiae of The Los Angeles County Police Chiefs’ Association filed. (Distributed)
- Dec 16 2024Brief amicus curiae of National Sheriffs’ Association filed. (Distributed)
- Dec 13 2024Brief of respondent Roberto Felix, Jr. filed. (Distributed)
- Dec 13 2024Letter of respondent Harris County informing the Court it will not file a brief on the merits nor participate in the oral argument filed.
- Dec 03 2024CIRCULATED
- Nov 25 2024Brief amicus curiae of Restore the Fourth, Inc. in support of neither party filed.
- Nov 20 2024Brief amicus curiae of The Texas Civil Rights Project filed.
- Nov 20 2024Brief amicus curiae of Constitutional Accountability Center filed.
- Nov 20 2024Brief amicus curiae of Color of Change filed.
- Nov 20 2024Brief amici curiae of Cato Institute, et al. filed.
- Nov 20 2024Brief amicus curiae of Southern Border Communities Coalition filed.
- Nov 20 2024Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
- Nov 20 2024Brief amicus curiae of Institute for American Policing Reform filed.
- Nov 20 2024Brief amicus curiae of The Southern Poverty Law Center filed.
- Nov 20 2024Brief amici curiae of The National Urban League, et al. filed.
- Nov 20 2024Brief amicus curiae of Professor Seth W. Stoughton filed.
- Nov 20 2024Brief amicus curiae of The National Police Accountability Project filed.
- Nov 20 2024Brief amici curiae of Due Process Institute and National Association of Criminal Defense Lawyers filed.
- Nov 20 2024Brief amici curiae of Current and Former Law Enforcement Officials filed.
- Nov 20 2024Brief amicus curiae of United States supporting vacatur and remand filed.
- Nov 19 2024Brief amicus curiae of The Rutherford Institute filed.
- Nov 13 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
- Nov 13 2024Brief of petitioner Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased filed.
- Nov 13 2024Joint appendix filed. (Statement of costs filed)
- Oct 31 2024SET FOR ARGUMENT on Wednesday, January 22, 2025.
- Oct 04 2024Petition GRANTED.
- Aug 28 2024DISTRIBUTED for Conference of 9/30/2024.
- Aug 28 2024Reply of petitioner Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased filed. (Distributed)
- Aug 14 2024Brief of respondent Roberto Felix, Jr. in opposition filed.
- Jul 19 2024Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2024.
- Jul 18 2024Motion to extend the time to file a response from July 24, 2024 to August 14, 2024, submitted to The Clerk.
- Jun 24 2024Brief amici curiae of Cato Institute, et al. filed.
- Jun 24 2024Brief amici curiae of Due Process Institute and Restore the Fourth, Inc. filed.
- Jun 24 2024Brief amicus curiae of The National Urban League filed.
- Jun 24 2024Brief amicus curiae of Professor Seth W. Stoughton filed.
- Jun 24 2024Brief amicus curiae of The Texas Civil Rights Project filed.
- Jun 24 2024Brief amicus curiae of Color of Change filed.
- Jun 24 2024Brief amicus curiae of The Rutherford Institute filed.
- Jun 21 2024Motion to extend the time to file a response is granted and the time is extended to and including July 24, 2024.
- Jun 21 2024Waiver of right of respondent Harris County, Texas to respond filed.
- Jun 14 2024Motion to extend the time to file a response from June 24, 2024 to July 24, 2024, submitted to The Clerk. (Motion docketed 6/21/24)
- May 22 2024Petition for a writ of certiorari filed. (Response due June 24, 2024)
- Mar 27 2024Application (23A863) granted by Justice Alito extending the time to file until May 22, 2024.
- Mar 22 2024Application (23A863) to extend the time to file a petition for a writ of certiorari from April 22, 2024 to May 22, 2024, submitted to Justice Alito.