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The Supreme Court reinstates excessive force lawsuit against officer involved in Ashtian Barnes fatal shooting

In an uniamous decision, the justices stated the lower court should have used a broader standard when determining if excessive force was used in the 2016 shooting death of Barnes.

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Ashtian Barnes lawsuit
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The U.S. Supreme Court has ruled that a lawsuit over the death of Ashtian Barnes, who was shot by a Harris County, TX deputy constable, can proceed.

Ashtian Barnes lawsuit

In an uniamous decision, the justices stated the lower court should have used a broader standard when determining if excessive force was used in the 2016 shooting death of Barnes.

The court had to determine whether the constable’s decision to shoot Barnes should be assessed solely based on two situations. A “moment of threat”, which is the precise moment he fired, or if a broader set of circumstances should be considered.

The judges dismissed the moment of threat doctrine, emphasizing the importance of context. The ruling sets a new national standard for excessive force cases.

“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,” Justice Elena Kagan wrote.

The incident

Barnes, 24, was fatally shot by officer Roberto Felix Jr during a traffic stop in Houston in April 2016.

The officer had pulled Barnes over due to unpaid tolls.

According to reports and dashcam footage, Felix ordered Barnes out of the vehicle after allegedly smelling marijuana. Instead, Barnes reportedly put the car in gear to drive away. Felix then jumped onto the car’s running board and, while clinging to the vehicle, fired two shots into Barnes’ torso, killing him at the scene.

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The incident sparked a legal battle over whether the use of deadly force was justified.

What’s next? – Ashtian Barnes lawsuit

With the Supreme Court’s unanimous decision to reinstate the civil rights lawsuit in the fatal shooting of Barnes, the case now returns to the Fifth Circuit Court of Appeals for a new review—this time under a broader lens.

What’s next? The appellate court must now reexamine whether Officer Roberto Felix’s actions—jumping onto the car’s doorsill and firing two shots—constituted excessive force under the Fourth Amendment.

This ruling could set a powerful precedent, potentially reshaping how courts nationwide evaluate police use-of-force cases, especially those involving marginalized communities.


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Unheard Voices is an award-winning news online magazine that started in 2004 as a newsletter in the Asbury Park, Neptune, and Long Branch, NJ areas to broadening into a recognized Black owned media outlet. The company is one of the few outlets dedicated to covering social justice issues. They are the recipient of the NAACP Unsung Hero Award and CV Magazine's Innovator Award for Best Social Justice Communications Company.

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