A unanimous decision was reached by the United States Supreme Court in the case of Barnes v. Felix, a significant constitutional matter. The ruling was in favor of the mother of a man who was shot and killed during a traffic stop in Houston, Texas. The legal team from Milbank LLP represented her.
The central question before the Court was whether the “moment of the threat” doctrine should be applied when evaluating an excessive force claim under the Fourth Amendment. This doctrine focuses on circumstances at the exact moment an officer uses force. However, the Supreme Court unanimously rejected this approach, stating it improperly limits Fourth Amendment analysis. Instead, they ruled that courts must consider all relevant facts and circumstances leading up to such events to determine if an officer’s use of force was reasonable.
Justice Kagan delivered the opinion for the Court, while Justice Kavanaugh filed a concurring opinion joined by Justices Thomas, Alito, and Barrett.
The case was argued by a Milbank associate with assistance from partners and associates at Milbank LLP. They collaborated with co-counsel from Hogan Lovells LLP, including Katherine Wellington and Howard and Adam Fomby, who were involved in earlier litigation stages.
