Use of Force - Moment of Threat v. Totality of the Circumstances

Briefing on Oral Arguments in Barnes v. Felix

Use of Force - Moment of Threat v. Totality of the Circumstances

On January 22, 2025, the Supreme Court heard arguments regarding whether the Fifth Circuit erred in applying the “moment of threat” doctrine in analyzing the reasonableness of an officer’s use of force. The doctrine limits consideration to the officer’s perspective at the precise moment of the threat, excluding prior actions.

Petitioner challenges this approach, arguing for a totality-of-circumstances analysis as mandated by Graham v. Connor and other precedents.

Question: Was it correct for the Fifth Circuit to apply the "moment of threat" doctrine, and should courts instead consider pre-threat circumstances to determine reasonableness under the Fourth Amendment?

The Petitioner, represented by Nathaniel A.G. Zelinsky, argues that courts must evaluate the totality of circumstances rather than isolating actions at the exact moment of the threat. The petitioner criticizes the lower courts for disregarding Officer Felix's prior conduct and claims that the "moment of threat" doctrine prevents courts from considering the officer's actions that may have escalated the situation.

The government, as amicus curiae, and the Respondents also diverge on the extent to which prior events and officer behavior should be weighed. The argument focuses on judicial inquiry on the immediate danger to the officer, avoiding speculative evaluations of prior actions. They argue that expanding the inquiry undermined the objective reasonableness standard, introducing subjective assessments of the officer's mindset.

Justices questioned the reasonableness of the officer’s actions, the balance of public and individual safety interests, and the implications for law enforcement practices. The case explores the boundaries of Fourth Amendment protections, the "totality of circumstances" standard, and police accountability in excessive force cases.

If you are a force instructor, please take the time to listen to the SCOTUS Oral Argument - https://lnkd.in/eVq93MEW.

Our review suggests that the Court is likely to reject the Fifth Circuit’s narrow moment-of-threat doctrine and favor a broader totality-of-circumstances analysis.

 Stay Tuned... Daigle Law Group