Barnes v. Felix
Holding
The U.S. Court of Appeals for the 5th Circuit’s moment-of-threat rule — a framework for evaluating police shootings which requires a court to look only to the circumstances existing at the precise time an officer perceived the threat inducing him to shoot — improperly narrows the Fourth Amendment analysis of police use of force.
Judgment
Vacated and Remanded , 9-0, in an opinion by Elena Kagan on May 15, 2025. Justice Kavanaugh filed a concurring opinion, in which Justices Thomas, Alito, and Barrett joined.
Mar 22, 2024Application (23A863) to extend the time to file a petition for a writ of certiorari from April 22, 2024 to May 22, 2024, submitted to Justice Alito.
Mar 27, 2024Application (23A863) granted by Justice Alito extending the time to file until May 22, 2024.
May 22, 2024Petition for a writ of certiorari filed. (Response due June 24, 2024)Jun 14, 2024Motion to extend the time to file a response from June 24, 2024 to July 24, 2024, submitted to The Clerk. (Motion docketed 6/21/24)Jun 21, 2024Motion to extend the time to file a response is granted and the time is extended to and including July 24, 2024.
Jun 21, 2024Waiver of right of respondent Harris County, Texas to respond filed.Jun 24, 2024Brief amici curiae of Cato Institute, et al. filed.Jun 24, 2024Brief amici curiae of Due Process Institute and Restore the Fourth, Inc. filed.Jun 24, 2024Brief amicus curiae of The National Urban League filed.Jun 24, 2024Brief amicus curiae of Professor Seth W. Stoughton filed.Jun 24, 2024Brief amicus curiae of The Texas Civil Rights Project filed.Jun 24, 2024Brief amicus curiae of Color of Change filed.Jun 24, 2024Brief amicus curiae of The Rutherford Institute filed.Jul 18, 2024Motion to extend the time to file a response from July 24, 2024 to August 14, 2024, submitted to The Clerk.Jul 19, 2024Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2024.
Aug 14, 2024Brief of respondent Roberto Felix, Jr. in opposition filed.Aug 28, 2024DISTRIBUTED for Conference of 9/30/2024.
Aug 28, 2024Reply of petitioner Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased filed. (Distributed)Oct 4, 2024Petition GRANTED.
Oct 31, 2024SET FOR ARGUMENT on Wednesday, January 22, 2025.
Nov 13, 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
Nov 13, 2024Brief of petitioner Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased filed.Nov 13, 2024Joint appendix filed. (Statement of costs filed)Nov 19, 2024Brief amicus curiae of The Rutherford Institute filed.Nov 20, 2024Brief amicus curiae of The Texas Civil Rights Project filed.Nov 20, 2024Brief amicus curiae of Constitutional Accountability Center filed.Nov 20, 2024Brief amicus curiae of Color of Change filed.Nov 20, 2024Brief amici curiae of Cato Institute, et al. filed.Nov 20, 2024Brief amicus curiae of Southern Border Communities Coalition filed.Nov 20, 2024Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.Nov 20, 2024Brief amicus curiae of Institute for American Policing Reform filed.Nov 20, 2024Brief amicus curiae of The Southern Poverty Law Center filed.Nov 20, 2024Brief amici curiae of The National Urban League, et al. filed.Nov 20, 2024Brief amicus curiae of Professor Seth W. Stoughton filed.Nov 20, 2024Brief amicus curiae of The National Police Accountability Project filed.Nov 20, 2024Brief amici curiae of Due Process Institute and National Association of Criminal Defense Lawyers filed.Nov 20, 2024Brief amici curiae of Current and Former Law Enforcement Officials filed.Nov 20, 2024Brief amicus curiae of United States supporting vacatur and remand filed.Nov 25, 2024Brief amicus curiae of Restore the Fourth, Inc. in support of neither party filed.Dec 3, 2024CIRCULATED
Dec 13, 2024Brief of respondent Roberto Felix, Jr. filed. (Distributed)Dec 13, 2024Letter of respondent Harris County informing the Court it will not file a brief on the merits nor participate in the oral argument filed.Dec 16, 2024Brief amicus curiae of National Sheriffs’ Association filed. (Distributed)Dec 19, 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Dec 19, 2024Brief amicus curiae of The Los Angeles County Police Chiefs’ Association filed. (Distributed)Dec 20, 2024Brief amici curiae of Texas Municipal League Intergovernmental Risk Pool, et al. filed. (Distributed)Dec 20, 2024Brief amici curiae of California State Sheriffs' Association, et al. filed. (Distributed)Dec 20, 2024Brief amici curiae of National Police Association, et al. filed. (Distributed)Dec 20, 2024Brief amicus curiae of National Fraternal Order of Police filed. (Distributed)Dec 20, 2024Brief amici curiae of Peace Officers Research Association of California, et al. filed. (Distributed)Dec 20, 2024Brief amici curiae of Texas, et al. filed. (Distributed)Dec 20, 2024Brief amici curiae of Wisconsin Coalition of Law Enforcement, et al. filed. (Distributed)Dec 20, 2024Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.Jan 8, 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 8, 2025Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
Jan 8, 2025Reply of petitioner Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased filed. (Distributed)Jan 17, 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Jan 17, 2025Record received relectronically from the United States District Court for the Southern District of Texas and available with the Clerk.
Jan 22, 2025Argued. For petitioner: Nathaniel A.G. Zelinsky, Washington, D. C.; and Zoe A. Jacoby, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Charles L. McCloud, Washington, D. C.; and Lanora C. Pettit, Principal Deputy Solicitor General, Austin, Tex. (for Texas, et al., as amici curiae.)
May 15, 2025Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Kavanaugh, J., filed a concurring opinion, in which Thomas, Alito, and Barrett, JJ., joined.
Jun 16, 2025Judgment Issued.Recommended Citation: Barnes v. Felix, SCOTUSblog, https://www.scotusblog.com/cases/barnes-v-felix/