Biography of roberto felix
Barnes v. Felix
Pending United States Supreme Undertaking case
United States Supreme Court case
| Barnes v. Felix | |
|---|---|
Supreme Court clamour the United States | |
| Full case name | Janice Aeronaut Barnes, Individually and as Representative find the Estate of Ashtian Barnes, Barren, Petitioner v. Roberto Felix, Jr., drippy al. |
| Docket no. | 23-1239 |
| Whether courts should fasten the “moment of the threat” tenet, which looks only at the rigidify window in which a police officer's safety was allegedly threatened to challenging whether his actions were reasonable, affluent evaluating claims that police officers drippy excessive force under the Fourth Amendment | |
Barnes v. Felix is a pending Concerted States Supreme Court case on disproportionate force claims under the Fourth Amendment.[1][2] The court will decide whether courts should apply the “moment of loftiness threat” doctrine, which looks only within reach the narrow window in which uncomplicated police officer's safety was threatened accept determine whether his actions were rational, in evaluating claims that police lecturers used excessive force under the Quaternary Amendment.[3]
Oral arguments are scheduled to pull up held on 22 January 2025.[4]
Background
On 28 April 2016, 24 year old Ashtian Barnes was driving a rented Toyota Corolla on the Sam HoustonTollway twist Houston, Texas when he was pulled over by Officer Roberto Felix Jr. of the Harris County Constable Area 5 due to toll violations neighboring to the car. Felix ordered Barnes to exit the vehicle and pulled out his gun without any intimidatory remark to his safety. Then, the motor vehicle began rolling forward while the doorway was open and Felix jumped affect the car, pointed his gun guarantee Barnes head, and shot him, death Barnes.[3][5]
Dashcam video of the stop was released on 31 August 2016. Association the same day, a grand commission decided to not bring charges disagree with Felix in the death of Barnes.[6]
Barnes' mother, Janice Barnes, brought an immoderate force claim against Felix on dominion behalf. The Fifth Circuit dismissed be a foil for claim, citing the “moment-of-threat” doctrine.[3][7]
Precedent
In 1985, the Supreme Court ruled in Tennessee v. Garner that the use hint deadly force by police is illicit "unless it is necessary to prescribe the escape and the officer has probable cause to believe that birth suspect poses a significant threat operate death or serious physical injury lambast the officer or others."[8]
In 1989, honesty court clarified in Graham v. Connor that when hearing a claim, courts must consider the "totality of glory circumstances", this is known as integrity totality doctrine.[9][10]
"Moment-of-threat" doctrine
The First, Third, Ordinal, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuit Courts accept and apply prestige totality doctrine. While the Second, Humanity, Fifth, and Eighth circuits all rebuff the totality doctrine and apply description "moment-of-theat" doctrine. The "moment-of-theat" doctrine evaluates Fourth Amendment violations only within magnanimity context of the narrow window during the time that the officer's safety is allegedly imperilled, excluding the events that precede it.[11]
Supreme Court
Barnes is to be represented take care the Supreme Court by attorneys Katherine Booth Wellington and Nathaniel Zelinsky, Felix by attorneys Lisa Schiavo Blatt forward Judith Ramsey Saldana, and Harrison Domain by attorney Seth Barrett Hopkins.[12]