No. 23-1239October Term 2024Decided May 15, 2025
Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased, Petitioner v. Roberto Felix, Jr., et al.
The Supreme Court unanimously struck down the Fifth Circuit's "moment of the threat" doctrine, ruling that Fourth Amendment excessive force claims must be evaluated based on the totality of the circumstances rather than solely the split-second an officer uses force.
Case status
- Current stage
- Decided
- Latest event
- Decision released May 15, 2025
- What it's about
The Supreme Court unanimously struck down the Fifth Circuit's "moment of the threat" doctrine, ruling that Fourth Amendment excessive force claims must be evaluated based on the totality of the circumstances rather than solely the split-second an officer uses force. The decision clarifies that courts must consider relevant events leading up to a shooting, not just the immediate instant of the threat.
Question presented
Should courts apply the “moment of the threat” doctrine when evaluating an excessive force claim under the Fourth Amendment?
- Case path
United States Court of Appeals for the Fifth Circuit / Decision released May 15, 2025
- Area
Criminal Procedure
Documents
Related cases




Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology
Primary materials9
Supreme Court docket 23-1239
docket | Mar 30, 2026
Primary case document
Supreme Court document | Mar 30, 2026
CourtListener docket record
docket | Mar 30, 2026
Questions Presented
brief | Mar 8, 2026
opinion
opinion | May 15, 2025
Barnes
opinion | May 15, 2025
Oral Arguments - Barnes
audio | Jan 22, 2025
Petition
brief | May 22, 2024
Lower Court Orders/Opinions
order | Mar 22, 2024