Barnes v. Felix (5th Circuit)

This is a Fifth Circuit Court of Appeals case regarding the fatal shooting of Ashtian Barnes by Officer Roberto Felix, Jr. during a traffic stop. The Barnes family sued Felix and Harris County, alleging excessive force, but the district court granted summary judgment for the defendants. The Fifth Circuit affirmed, adhering to its "moment of threat" doctrine, which limits the excessive force inquiry to the precise moment the officer used deadly force. A concurring judge, Higginbotham, criticizes this doctrine for preventing consideration of the totality of circumstances, potentially shielding officers from liability and undermining Fourth Amendment protections, ultimately urging a revisit of the Fifth Circuit's precedent on the matter. The court's majority ruling maintains the focus solely on the perceived threat at the moment of the shooting, disregarding earlier actions.