Supreme Court Clarifies Standard for Police Use of Force
Written by Black Hot Fire Network Team on March 8, 2026
The U.S. Supreme Court issued a unanimous decision Thursday, altering a legal standard used in civil rights cases involving the use of force by law enforcement. The ruling addresses how courts should evaluate whether an officer’s actions were reasonable in a shooting.
Background of the Case
In 2016, Ashtian Barnes was fatally shot in Houston, Texas, after being pulled over for unpaid tolls. Officer Roberto Felix Jr. jumped onto Barnes’ moving rental car and fired two shots as Barnes attempted to leave the scene. Barnes’ family subsequently filed a civil rights lawsuit alleging excessive force.
The “Moment of Threat” Rule and Supreme Court Decision
A lower court granted summary judgment to Officer Felix, citing the “moment of threat” rule, which had been adopted by the U.S. Court of Appeals for the Fifth Circuit. This rule limited the analysis of the shooting to the brief period when Felix was on the moving vehicle. The Fifth Circuit upheld this ruling.
The Supreme Court overturned this narrow interpretation, stating that it prevented a full examination of the circumstances leading up to the shooting. Justice Elena Kagan, writing for the court, compared the “moment of threat” rule to wearing “chronological blinders,” hindering a context-sensitive assessment of use-of-force cases. Four of the nation’s 13 circuit courts of appeal previously applied this doctrine.
Re-Examination of Barnes’ Case and Broader Considerations
The Supreme Court’s decision mandates that the Fifth Circuit re-examine Barnes’ case under the broader standard outlined in the ruling. The justices did not address how an officer’s actions might contribute to a dangerous situation. The court emphasized that while the situation at the time of the shooting is important, earlier events and circumstances can influence how a reasonable officer would respond.
California Law and Deadly Force
In addition to the federal constitutional standard, state laws provide further protections. In 2019, California Governor Gavin Newsom signed Assembly Bill 392, which restricts police uses of deadly force. AB 392 stipulates that police may use deadly force only when reasonably believing a suspect poses an immediate threat to the officer or others, and when such force is necessary. The law also requires officers to evaluate each situation based on the totality of circumstances and to utilize alternative resources if reasonably safe and feasible.
