The U.S. Supreme Court’s unanimous decision on May 15, 2025, threw out the Fifth Circuit’s “moment-of-threat” rule and said judges must instead employ a “totality of circumstances” test which analyzes everything that happened before, during, and after an officer fires a weapon when deciding if the force was reasonable. Justice Elena Kagan wrote that judiciary “cannot review the totality of circumstances if it has put on chronological blinders.”
What Happened in the Case?
During a 2016 traffic stop near Houston for an extremely small amount in unpaid tolls, Deputy Constable Roberto Felix ordered 24-year-old Ashtian Barnes out of his rental car. When Barnes restarted the engine, Felix stepped onto the open driver’s-side doorsill and, two seconds later, fired twice and killed Barnes.
Lower courts dismissed the family’s civil-rights suit because, at the instant of the shots, Felix arguably faced danger; earlier choices, like jumping onto the moving car, were ruled “irrelevant.” The Supreme Court reversed and sent the case back to be reviewed under the totality of circumstances. Felix can still raise qualified-immunity defenses but cannot rely on the moment of threat.
Why Does the Ruling Matter?
By rejecting the narrow snapshot approach, the Court aligned the whole country with the eight circuits—including the Eleventh (which covers Georgia)—that were already using a broader review. Police groups warn the decision may invite more second-guessing in court, though a National Police Association spokesperson told Smart Cities Dive that it probably “won’t change the day-to-day job” of patrol officers. Civil-rights advocates, by contrast, say it “dismantles a dangerous legal framework” and will improve accountability.
Take-aways for Georgia Cities
Because our circuit already applied the totality test, the legal standard here doesn’t shift, but plaintiff lawyers now have Supreme Court backing to challenge dismissals that focus only on the final instant of force. Cities should:
- review use-of-force and vehicle-stop policies to be sure they emphasize sound tactics before a trigger pull;
- ensure training, body-camera retention, and after-action reviews capture the entire encounter;
- talk with city attorneys and risk managers about how the ruling may affect early motions to dismiss and indemnification; and
- remind elected officials that qualified immunity is still available but will now be evaluated against a fuller factual record.
In short, the Court has made clear that context counts and city leaders should make sure their police policies, documentation, and oversight do, too.