Barnes v. Felix et. al.

The question presented is whether the Supreme Court should reject the "moment of the threat" doctrine and permit the Fifth Circuit (and other circuits that have adopted the same approach) to evaluate the totality of the circumstances when evaluating the constitutionality of an officer’s actions. Our brief explains how the Fifth Circuit's application of the moment of threat doctrine to the facts in this case is inconsistent with and undermines well-established principles and standards of use of force, and highlights the importance of police accountability in maintaining public confidence in law enforcement and public safety.