[23-1239] Barnes v. Felix

Barnes v. Felix

Wikipedia · Justia · Docket · oyez.org

Argued on Jan 22, 2025.

Petitioner: Janice Hughes Barnes.
Respondent: Roberto Felix, Jr.

Advocates:

• Nathaniel A.G. Zelinsky (for the Petitioner)
• Zoe A. Jacoby (for the United States, as amicus curiae, supporting vacatur and remand)
• Charles L. McCloud (for the Respondents)
• Lanora C. Pettit (for Texas, et al., as amici curiae, supporting Respondent Felix)

Facts of the case (from oyez.org)

On April 28, 2016, Officer Roberto Felix Jr. fatally shot Ashtian Barnes during a traffic stop on the Harris County Tollway. After spotting Barnes’s Toyota Corolla, which had been flagged for toll violations, Felix initiated a stop and Barnes pulled over to the median. When Felix requested documentation, Barnes, who was driving a car rented in his girlfriend’s name, could not produce it and began “digging around” in the car. Claiming he smelled marijuana, Felix questioned Barnes, who then turned off the vehicle and suggested checking the trunk for documentation. Dash cam footage shows that after Barnes opened the trunk and exited the vehicle at Felix’s request, the car’s blinker came back on and the vehicle began to move. Felix, with his weapon drawn, stepped onto the moving car and pressed his gun against Barnes’s head. While holding onto the car frame with his head above the roof—leaving him unable to see inside the vehicle—Felix fired two shots. Barnes’s vehicle stopped, and he was pronounced dead at the scene at 2:57 p.m. Though both the Houston Police Department and Harris County Precinct 5 Constable's Office investigated the incident, a grand jury found no probable cause for an indictment.

The district court granted summary judgment to the defendants, focusing exclusively on the two seconds before the shooting when Barnes’s car began moving with Felix holding onto it. The court ruled that because Felix reasonably feared for his life in that moment, his use of deadly force was justified regardless of his previous actions, such as jumping onto the moving vehicle. The U.S. Court of Appeals for the Fifth Circuit affirmed.

Question

Should courts apply the “moment of the threat” doctrine when evaluating an excessive force claim under the Fourth Amendment?