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Barnes v. Felix

Docket No. Op. Below Argument Opinion Vote Author Term
23-1239 5th Cir. Jan 22, 2025 May 15, 2025 9-0 Kagan OT 2024

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 Justice Kagan on May 15, 2025. Justice Kavanaugh filed a concurring opinion, in which Justices Thomas, Alito, and Barrett joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/22/2024Application (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.
03/27/2024Application (23A863) granted by Justice Alito extending the time to file until May 22, 2024.
05/22/2024Petition for a writ of certiorari filed. (Response due June 24, 2024)
06/14/2024Motion 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)
06/21/2024Motion to extend the time to file a response is granted and the time is extended to and including July 24, 2024.
06/21/2024Waiver of right of respondent Harris County, Texas to respond filed.
06/24/2024Brief amici curiae of Cato Institute, et al. filed.
06/24/2024Brief amici curiae of Due Process Institute and Restore the Fourth, Inc. filed.
06/24/2024Brief amicus curiae of The National Urban League filed.
06/24/2024Brief amicus curiae of Professor Seth W. Stoughton filed.
06/24/2024Brief amicus curiae of The Texas Civil Rights Project filed.
06/24/2024Brief amicus curiae of Color of Change filed.
06/24/2024Brief amicus curiae of The Rutherford Institute filed.
07/18/2024Motion to extend the time to file a response from July 24, 2024 to August 14, 2024, submitted to The Clerk.
07/19/2024Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2024.
08/14/2024Brief of respondent Roberto Felix, Jr. in opposition filed.
08/28/2024DISTRIBUTED for Conference of 9/30/2024.
08/28/2024Reply of petitioner Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased filed. (Distributed)
10/04/2024Petition GRANTED.
10/31/2024SET FOR ARGUMENT on Wednesday, January 22, 2025.
11/13/2024Record requested from the United States Court of Appeals for the Fifth Circuit.
11/13/2024Brief of petitioner Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased filed.
11/13/2024Joint appendix filed. (Statement of costs filed)
11/19/2024Brief amicus curiae of The Rutherford Institute filed.
11/20/2024Brief amicus curiae of The Texas Civil Rights Project filed.
11/20/2024Brief amicus curiae of Constitutional Accountability Center filed.
11/20/2024Brief amicus curiae of Color of Change filed.
11/20/2024Brief amici curiae of Cato Institute, et al. filed.
11/20/2024Brief amicus curiae of Southern Border Communities Coalition filed.
11/20/2024Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
11/20/2024Brief amicus curiae of Institute for American Policing Reform filed.
11/20/2024Brief amicus curiae of The Southern Poverty Law Center filed.
11/20/2024Brief amici curiae of The National Urban League, et al. filed.
11/20/2024Brief amicus curiae of Professor Seth W. Stoughton filed.
11/20/2024Brief amicus curiae of The National Police Accountability Project filed.
11/20/2024Brief amici curiae of Due Process Institute and National Association of Criminal Defense Lawyers filed.
11/20/2024Brief amici curiae of Current and Former Law Enforcement Officials filed.
11/20/2024Brief amicus curiae of United States supporting vacatur and remand filed.
11/25/2024Brief amicus curiae of Restore the Fourth, Inc. in support of neither party filed.
12/03/2024CIRCULATED
12/13/2024Brief of respondent Roberto Felix, Jr. filed. (Distributed)
12/13/2024Letter of respondent Harris County informing the Court it will not file a brief on the merits nor participate in the oral argument filed.
12/16/2024Brief amicus curiae of National Sheriffs’ Association filed. (Distributed)
12/19/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/19/2024Brief amicus curiae of The Los Angeles County Police Chiefs’ Association filed. (Distributed)
12/20/2024Brief amici curiae of Texas Municipal League Intergovernmental Risk Pool, et al. filed. (Distributed)
12/20/2024Brief amici curiae of California State Sheriffs' Association, et al. filed. (Distributed)
12/20/2024Brief amici curiae of National Police Association, et al. filed. (Distributed)
12/20/2024Brief amicus curiae of National Fraternal Order of Police filed. (Distributed)
12/20/2024Brief amici curiae of Peace Officers Research Association of California, et al. filed. (Distributed)
12/20/2024Brief amici curiae of Texas, et al. filed. (Distributed)
12/20/2024Brief amici curiae of Wisconsin Coalition of Law Enforcement, et al. filed. (Distributed)
12/20/2024Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
01/08/2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/08/2025Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
01/08/2025Reply of petitioner Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased filed. (Distributed)
01/17/2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
01/17/2025Record received relectronically from the United States District Court for the Southern District of Texas and available with the Clerk.
01/22/2025Argued. 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.)
05/15/2025Judgment 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.