The U.S. Supreme Court has agreed to hear an appeal from the mother of a man who was shot and killed by a police officer in Texas.
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, Bloomberg Law reports.
Janice Hughes Barnes sued a Texas police officer and Harris County 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 U.S. 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.
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.
