NEW YORK — On November 20, 2024, the Policing Project filed an amicus brief in the Supreme Court of the United States case Barnes v. Felix. The amicus brief urges the Court to reject the Fifth Circuit’s “moment of the threat” doctrine and instead use a “totality of the circumstances” approach to evaluate claims of excessive force under the Fourth Amendment.

The brief, filed on behalf of 22 current and former law enforcement officials, explains that an officer’s conduct and decisions prior to their use of force should be considered as part of a fuller “totality of the circumstances” approach, rather than a narrow consideration of the threat at the moment force was used. That fuller approach, the amici argue, would allow for consideration of possible escalatory measures an officer took prior to using force, but also possible de-escalatory measures, like warnings and tactical re-positioning. As the amicus brief explains, those de-escalatory measures are essential to public trust in law enforcement, as is legal accountability for officers who engage in dangerous, escalatory conduct.

Barnes arose after 24-year old Ashtian Barnes was killed by a Harris County law enforcement officer during a traffic stop in 2016.

Read the full brief here.