On today’s episode of Tiers of Scrutiny, Pari and I discuss Barnes v. Felix, a case concerning the “moment of threat doctrine”--a legal principle limiting review of police officers’ use of force to only the “moment of threat” in which they perceived a threat. Opponents of the doctrine call for an evaluation of “totality of circumstances”--arguing that courts must review any and all actions leading up to the moment of threat.
Barnes v. Felix is named for Ashtian Barnes, a Black man who was shot and killed by a law enforcement officer during a traffic stop in 2016.
Listed below are relevant resources:
https://www.scotusblog.com/case-files/cases/barnes-v-felix/
https://www.theusconstitution.org/litigation/barnes-v-felix/