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SUPREME COURT OF THE UNITED STATES
_________________
No. 23–1239
_________________
JANICE HUGHES BARNES, individually and as re-
presentative of the ESTATE OF ASHTIAN BARNES, DECEASED, PETITIONER
v. ROBERTO FELIX, Jr., et al.
on writ of certiorari to the united states
court of appeals for the fifth circuit
[May 15, 2025]
Justice Kagan delivered the opinion of the
Court.
A police officer’s use of deadly force violates
the Fourth Amendment when it is not “objectively reasonable.”
Graham v.
Connor,
490 U.S.
386, 397 (1989). And that inquiry into reasonableness, we have
held, requires assessing the “totality of the circumstances.”
Id., at 396 (quoting
Tennessee v.
Garner,
471 U.S.
1, 9 (1985)).
The question here is whether that framework
permits courts, in evaluating a police shooting (or other use of
force), to apply the so-called moment-of-threat rule used in the
courts below. Under that rule, a court looks only to the
circumstances existing at the precise time an officer perceived the
threat inducing him to shoot. Today, we reject that approach as
improperly narrowing the requisite Fourth Amendment analysis. To
assess whether an officer acted reasonably in using force, a court
must consider all the relevant circumstances, including facts and
events leading up to the climactic moment.
I
On the afternoon of April 28, 2016, Roberto
Felix, Jr., a law enforcement officer patrolling a highway outside
Houston, received a radio alert about an automobile on the road
with outstanding toll violations. Felix soon spotted the car, a
Toyota Corolla, and turned on his emergency lights to initiate a
traffic stop. The driver, Ashtian Barnes, pulled over to the
highway’s shoulder.
Parking his own car just behind, Felix walked to
the Corolla’s driver-side door and asked Barnes for his license and
proof of insurance. Barnes replied that he did not have his license
with him, and that the car was a rental in his girlfriend’s name.
As he spoke, Barnes rummaged through some papers inside the car,
causing Felix to tell him several times to stop “digging around.”
Felix also commented that he smelled marijuana, and asked if there
was anything in the car he should know about. Barnes responded that
he might have some identification in the trunk. So Felix told him
to open the trunk from his seat. Barnes did so, while also turning
off the ignition. All that happened (as a dashcam recording of the
incident shows) in less than two minutes.
Then things began moving even faster. With his
right hand resting on his holster, Felix told Barnes to get out of
the car. Barnes opened the door but did not exit; instead, he
turned the ignition back on. Felix unholstered his gun and, as the
car began to move forward, jumped onto its doorsill. He twice
shouted, “Don’t fucking move.” And with no visibility into the car
(because his head was above the roof), he fired two quick shots
inside. Barnes was hit, but managed to stop the car. Felix then
radioed for back-up. By the time it arrived, Barnes was dead. All
told, about five seconds elapsed between when the car started
moving and when it stopped. And within that period, two seconds
passed between the moment Felix stepped on the doorsill and the
moment he fired his first shot.
Barnes’s mother, Janice Barnes, sued Felix on
her son’s behalf. The suit, brought under 42 U. S. C.
§1983, alleged that Felix had violated Ashtian Barnes’s Fourth
Amendment rights by using excessive force against him.
The District Court granted summary judgment to
Felix. The court explained that to prevail on her claim, Mrs.
Barnes needed to show that Felix’s use of force was “objectively
unreasonable.” 532 F. Supp. 3d 463, 468 (SD Tex. 2021). In the
usual excessive-force case, the court noted, the inquiry into
reasonableness would involve considering a variety of
circumstances. See
id., at 468–469. But when an officer has
used
deadly force, the court continued, “the Fifth Circuit
has developed a much narrower approach.”
Id., at 469. Then,
a court could ask only about the situation existing “
at the
moment of the threat” that sparked the fatal shooting.
Ibid. (quoting
Rockwell v.
Brown, 664 F.3d
985, 991 (CA5 2011); emphasis in original). The District Court
identified that moment as “the two seconds before Felix fired his
first shot,” when he was standing on the doorsill of a moving
vehicle. 532 F. Supp. 3d., at 471. At that moment, the court
found, an officer could reasonably think himself “at risk of
serious harm.”
Id., at 472. And under the Fifth Circuit’s
rule, that fact alone concluded the analysis. The court explained
that it could not consider “what had transpired up until” those
last two seconds, including Felix’s decision to jump onto the sill.
Id., at 471. Although a “more robust examination” might have
aided in assessing the reasonableness of the shooting, the court
was “duty bound” by “Circuit precedent” to “limit[ its] focus” to
the “exact moment Felix was hanging onto Barnes’s” moving car.
Id., at 472.
The Court of Appeals affirmed, explaining that
it too was “[b]ound” by “this Circuit’s moment of threat doctrine.”
91 F. 4th 393, 394, 397 (2024). Under that rule, the panel agreed,
the “inquiry is confined to whether the officer[ ]”
Id.,
at 397. Any prior events “leading up to the shooting,” including
actions the officer took, were simply “not relevant.”
Ibid.
(quoting
Harris v.
Serpas, 745 F.3d 767, 772 (CA5
2014)). And here, as the District Court found, the “precise moment
of the threat” was the “two seconds” when Felix was clinging to a
moving car. 91 F. 4th
, at 397–398. Because Felix could then
have reasonably believed his life in danger, the panel concluded,
his decision to shoot “did not violate Barnes’s constitutional
rights.”
Id., at 398.
In a concurring opinion, Judge Higginbotham (who
also authored the panel opinion) expressed “concern” with the Fifth
Circuit’s moment-of-threat doctrine.
Ibid. He thought that
rule inconsistent with this Court’s directive to assess the
reasonableness of an officer’s use of force, including deadly
force, by “look[ing] to the totality of circumstances.”
Id.,
at 399. Under the totality approach, Judge Higginbotham wrote, a
court could consider not just the “precise millisecond” when an
officer deploys force, but everything that “ha[d] transpired up
until” that time.
Ibid. And with that wider focus, Judge
Higginbotham would have found that Felix’s shooting of Barnes was
unreasonable. See
id., at 401.
We granted certiorari to address whether, in
resolving Fourth Amendment excessive-force claims, courts may apply
the moment-of-threat rule just described. See 603 U. S. ___
(2024). We hold they may not because that rule constricts the
proper inquiry into the “totality of the circumstances.”
II
A claim that a law enforcement officer used
excessive force during a stop or arrest is “analyzed under the
Fourth Amendment.”
Graham, 490 U. S., at 395; see Amdt.
4 (applying to “seizures” of “persons”). The “touchstone of the
Fourth Amendment is ‘reasonableness,’ ” as measured in
objective terms.
Brigham City v.
Stuart,
547 U.S.
398, 403 (2006). So the question in a case like this one, as
this Court has often held, is whether the force deployed was
justified from “the perspective of a reasonable officer on the
scene,” taking due account of both the individual interests and the
governmental interests at stake.
Graham, 490 U. S., at
396;
County of Los Angeles v.
Mendez, 581 U.S. 420,
428 (2017).
That inquiry into the reasonableness of police
force requires analyzing the “totality of the circumstances.”
Id., at 427–428;
Garner, 471 U. S., at 9. There
is no “easy-to-apply legal test” or “on/off switch” in this
context.
Scott v.
Harris,
550
U.S. 372, 382–383 (2007). Rather, the Fourth Amendment
requires, as we once put it, that a court “slosh [its] way through”
a “factbound morass.”
Id., at 383. Or said more prosaically,
deciding whether a use of force was objectively reasonable demands
“careful attention to the facts and circumstances” relating to the
incident, as then known to the officer.
Graham, 490
U. S., at 396. For example, the “severity of the crime”
prompting the stop can carry weight in the analysis. See
ibid.;
Garner, 471 U. S., at 11. So too can
actions the officer took during the stop, such as giving warnings
or otherwise trying to control the encounter. See
id., at
12;
Kingsley v.
Hendrickson,
576
U.S. 389, 397 (2015). And the stopped person’s conduct is
always relevant because it indicates the nature and level of the
threat he poses, either to the officer or to others. See
ibid.;
Graham, 490 U. S., at 396.
Most notable here, the “totality of the
circumstances” inquiry into a use of force has no time limit. Of
course, the situation at the precise time of the shooting will
often be what matters most; it is, after all, the officer’s choice
in that moment that is under review. But earlier facts and
circumstances may bear on how a reasonable officer would have
understood and responded to later ones. Or as the Federal
Government puts the point, those later, “in-the-moment” facts
“cannot be hermetically sealed off from the context in which they
arose.” Brief for United States as
Amicus Curiae 14. Taking
account of that context may benefit either party in an
excessive-force case. Prior events may show, for example, why a
reasonable officer would have perceived otherwise ambiguous conduct
of a suspect as threatening. Or instead they may show why such an
officer would have perceived the same conduct as innocuous. The
history of the interaction, as well as other past circumstances
known to the officer, thus may inform the reasonableness of the use
of force.
The Court’s decision in
Plumhoff v.
Rickard,
572 U.S.
765 (2014), well illustrates the point. The excessive-force
claim there concerned the fatal shooting of a driver at the end of
a “dangerous car chase” lasting more than five minutes.
Id.,
at 768. The driver had sped away from a traffic stop on a well-used
road, and tried to outrun as many as six police cruisers at speeds
sometimes exceeding 100 miles per hour. Eventually, the fleeing car
ran into one of the cruisers and came “to a near standstill.”
Id., at 776. The driver, though, still tried to escape,
pumping the gas in a way that sent his wheels “spinning” and then
putting the car into reverse.
Ibid. At that point, one of
the officers fired several shots into the car. In a suit brought
against the officer, the driver’s daughter contended that those
shots were taken when the chase was “already over.”
Id., at
777. But this Court rejected that claim based on everything that
had happened during the incident—the driver’s “outrageously
reckless” behavior over the prior “five minutes,” as well as his
last-second efforts to again take flight.
Id., at 776. Given
all of those events, the Court explained, a reasonable officer
would have concluded that the driver was “intent on resuming” his
getaway and, if allowed to do so, would “again pose a deadly threat
for others.”
Id., at 777. In short, the shooting was
justified “at the moment” it occurred partly because of what had
transpired in the preceding period.
Ibid.
The moment-of-threat rule applied in the courts
below prevents that sort of attention to context, and thus
conflicts with this Court’s instruction to analyze the totality of
the circumstances. Recall that the District Court and Fifth Circuit
limited their view to the two seconds before the shooting, after
Felix had stepped onto the doorsill of Barnes’s car. See
supra, at 3–4. Those courts believed that, under Fifth
Circuit precedent, they could not take into account anything
preceding that final moment. See 532 F. Supp. 3d, at 471
(excluding analysis of “what had transpired up until the shooting
itself”); 91 F. 4th, at 397 (agreeing that “actions leading up to
the shooting are not relevant”). So, for example, they could not
consider the reasons for the stop or the earlier conduct of, and
interactions between, the suspect and officer. And because of that
limit, they could not address whether the final two seconds of the
encounter would look different if set within a longer timeframe. It
is as though the Court in
Plumhoff could consider only the
instant when the chased car was at a “near standstill,” and not the
earlier time when it zigzagged down a busy roadway at speed. 572
U. S., at 776. To be sure, historical facts will not often
matter as much as they did there to the reasonableness analysis.
See
supra, at 6. And some of those facts may not be relevant
at all. But no rule that precludes consideration of prior events in
assessing a police shooting is reconcilable with the fact-dependent
and context-sensitive approach we have prescribed. A court deciding
a use-of-force case cannot review the totality of the circumstances
if it has put on chronological blinders.
That point is so evident that not even Felix
quarrels with it; his defense of the decisions below instead relies
on taking a different view of their meaning and of the question
they raise. First, the agreement with what we have said: Yes, Felix
acknowledges, prior events are not “off limits” in the
reasonableness inquiry, for they may “inform the perspective of the
reasonable officer.” Tr. of Oral Arg. 79; Brief for Respondent 2.
Just so. But now the divergence: According to Felix, the courts
below acted consistently with that all-times-considered principle.
The Fifth Circuit’s moment-of-threat doctrine, Felix argues, in
fact allows courts to assess many pre-shooting facts and
circumstances—and courts applying it often do so. See
id.,
at 20 (citing other Fifth Circuit decisions). All that the doctrine
bars is a single kind of inquiry—into whether an officer’s earlier
error itself “created the need for deadly force.”
Id., at
21; see Tr. of Oral Arg. 53. And on that issue, Felix submits, the
Fifth Circuit is right: “[A]n officer doesn’t lose his right to
defend himself just because” he previously “made a mistake.”
Ibid.
But whatever might be said of Fifth Circuit law
generally, the decisions below applied a rule about timing. As
shown above, both lower courts took pains to explain that, in
evaluating the shooting’s reasonableness, they could look only to a
two-second snippet of the encounter. See
supra, at 3–4. And
because that was the reasoning in the case before us, that is the
reasoning we must address. It could make no difference to our
decision here if the Fifth Circuit in other cases eschewed a strict
time limit, as Felix claims. And anyway, we are not sure Felix
correctly describes the overall state of Fifth Circuit law.
Consider
Harris v.
Serpas—a Fifth Circuit decision
relied on below. See 91 F. 4th, at 397. The court there noted the
plaintiffs’ recital of several historical facts—actions of both the
suspect and the officer in the period prior to the shooting. See
745 F. 3d, at 772. And the court recognized that this Court’s
decisions directed an inquiry into the “the ‘totality of the
circumstances.’ ”
Ibid. (quoting
Graham, 490
U. S., at 396). But then came the following: “This [Circuit],
however, has narrowed that test” in deadly force cases, holding
that the inquiry there is “confined to whether the [officer] was in
danger at the moment of the threat that resulted in the [officer’s]
shooting.”
Ibid. (alterations in original). The problem with
the statement is apparent. As we have explained, a court cannot
thus “narrow” the totality-of-the-circumstances inquiry, to focus
on only a single moment. It must look too, in this and all
excessive-force cases, at any relevant events coming before.
We do not address here the different question
Felix raises about use-of-force cases: whether or how an officer’s
own “creation of a dangerous situation” factors into the
reasonableness analysis. Brief for Respondent 22; see
supra,
at 8. As in another of our recent Fourth Amendment cases, that
issue is not properly before us. See
Mendez, 581 U. S.,
at 429, n. The courts below never confronted the issue, precisely
because their inquiry was so time-bound. In looking at only the two
seconds before the shot, they excluded from view any actions of the
officer that allegedly created the danger necessitating deadly
force. See
supra, at 3–4. So, to use the obvious example,
the courts below did not address the relevance, if any, of Felix
stepping onto the doorsill of Barnes’s car. And because they never
considered that issue, it was not the basis of the petition for
certiorari. The question presented to us was one of timing alone:
whether to look only at the encounter’s final two seconds, or also
to consider earlier events serving to put those seconds in
context.
With that matter resolved, we return everything
else to the courts below. It is for them now to consider the
reasonableness of the shooting, using the lengthier timeframe we
have prescribed.
Accordingly, we vacate the judgment of the Court
of Appeals and remand the case for further proceedings consistent
with this opinion.
It is so ordered.
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