A team from Milbank LLP’s Supreme Court and Appellate practice secured a 9-0 decision at the United States Supreme Court in Barnes v. Felix, an important constitutional case, on behalf of the mother of a man shot and killed in a traffic stop in Houston, Texas.
The issue before the Court was whether courts should apply the “moment of the threat” doctrine when evaluating an excessive force claim under the Fourth Amendment. Under the “moment of threat” rule, a court looks only to the circumstances existing at the precise instant an officer shoots a person. In a unanimous decision, the Court rejected that approach as improperly narrowing the requisite Fourth Amendment analysis and held that to assess whether an officer acted reasonably in using force a court must consider all of the relevant facts and circumstances leading up to the event.
Justice Kagan delivered the opinion of the Court. Justice Kavanaugh filed a concurring opinion, in which Justice Thomas, Justice Alito and Justice Barrett joined.
Milbank associate Nathaniel Zelinsky argued the case, and was assisted by partner Neal Katyal and associates Ezra Louvis and Mackenzie Austin. The Milbank Supreme Court and Appellate team worked alongside co-counsel at Hogan Lovells LLP, including Katherine Wellington, and Howard and Adam Fomby, who litigated the case in the lower courts.
