Justices to Weigh Standard for Deadly Force Claims Against Police

The US Supreme Court agreed to hear an appeal from the mother of a man who was shot and killed by a police officer in Texas after he was pulled over for allegedly failing to pay a highway toll.

In an order Friday, the court said it will consider the standard for analyzing whether an officer’s conduct was a reasonable use of force under the Fourth Amendment when their safety is threatened.

Janice Hughes Barnes sued a Texas police officer and the County of Harris for violating her son Ashtian Barnes’ constitutional rights. She said Officer Roberto Felix Jr. used excessive force when he shot her son to death after pulling him over for failing to pay a freeway toll outside Houston in April 2016.

The US Court of Appeals for the Fifth Circuit affirmed the district court’s finding that Felix’s use of deadly force was reasonable under the moment of the threat doctrine, which asks only whether the officer or another person was in danger at the moment of the threat that resulted in the use of deadly force. The appeals court said Felix could reasonably believe his life was in imminent danger. Felix and the county said Ashtian Barnes originally pulled over but then began to flee.

Barnes argues courts should follow the totality of the circumstances approach, including evaluating the officer’s actions leading up to the use of force.

The case is Barnes v. Felix, U.S., No. 23-1239, 10/4/24.