Donovan Moore, et al. v. Ashly Romero, as Personal Representative for the Estate of Stephen Romero, Deceased, et al.

In a use-of-force case which involves multiple instances of force, whether Barnes v. Felix, 605 U.S. 73 (2025) requires that each use-of-force be analyzed progressively from before the first instance of force used through the last instance of force used, considering the information known to the officer, the suspect’s prior actions (including any compliance, non-compliance, resistance, and reaching or grabbing for a weapon), and the suspect’s reactions to those prior use(s)-of-force, and, if so, whether Officer Moore and Kurtz violated Stephen Romero’s constitutional rights under this standard?

When analyzing a defendant law enforcement officer’s motion brought under Fed. R. Civ. P. 12(b)(6) or 12(c), in a use-of-force case where body camera video clearly depicts the entire lead-up to and application of force by a law enforcement officer, whether the lower courts may analyze the clearly established law prong of qualified immunity at a more general, plaintifffriendly, level than at the motion for summary judgment stage of litigation and, if not, whether Officer Moore and Officer Kurtz are entitled to qualified immunity under the facts of this case?