The Critical Case of Barnes v. Felix

In this episode, Attorney Eric Daigle dives into Barnes v. Felix, a crucial Supreme Court case with significant implications for law enforcement professionals. The case, currently under review after oral argument on January 22, 2025, addresses the use of deadly force, the totality of the circumstances standard, and the moment of threat doctrine. Daigle provides an in-depth legal breakdown, discusses how the ruling could reshape police training and policies, and offers practical takeaways for officers handling high-pressure situations.

Key Takeaways:

1. Moment of Threat vs. Totality of Circumstances

• The Supreme Court is reviewing whether force should only be judged at the exact moment of threat or if prior officer actions that escalated the situation should also be considered.

• Review of foundational cases:
  • Tennessee v. Garner (1985) – Deadly force limitations.
  • Graham v. Connor (1989) – Objective reasonableness in use-of-force cases.
  • Kingsley v. Hendrickson (2015) – Application to corrections settings.
  • Lombardo v. St. Louis (2021) – Clarifications on totality of circumstances.

• The 5th Circuit upheld qualified immunity, stating that only the moment Felix was in danger should be considered—not the actions leading up to it.
• The Supreme Court is now reviewing whether courts must consider the officer’s entire decision-making process when analyzing excessive force cases.

• Backup & De-escalation: Call for support before escalating to deadly force.
• Avoid “Car Surfing”: Jumping onto moving vehicles creates officer jeopardy.
• Totality of Circumstances Matters: Courts may soon require a broader analysis of use-of-force decisions.
• Policy & Training Implications: Agencies may need to revise force policies and training curriculums if the Supreme Court sides with totality analysis.

Final Thoughts:

This case is a stark reminder that use-of-force decisions don’t happen in isolation—they are shaped by everything leading up to the moment of action. Officers must be proactive in using sound tactics and making legally defensible decisions to ensure their actions hold up under scrutiny. As we await the Supreme Court’s ruling, now is the time for law enforcement professionals to reflect. Whether the Supreme Court rules in favor of the moment of threat doctrine or shifts toward a totality of the circumstances approach, one thing remains clear: agencies should take this case as an opportunity to evaluate their training programs, reinforce de-escalation strategies, and emphasize the importance of avoiding officer-created jeopardy.

Resources:

• Officer Felix Dashcam Footage
• Barnes v. Felix, No. 22-20519 (5th Cir. 2024)
• Barnes v. Felix, No. 23-1239 (SCOTUS)