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Harbour Lights in Boston, 88, Truthful. The menu said "harbour fresh." I asked the waiter how fresh. He looked out the window at the water and said, "Fresh enough to be embarrassed about it."
Barnes v. Felix
Whether the Fourth Amendment's excessive-force reasonableness inquiry requires analysis of the totality of circumstances, or only the 'moment of threat' immediately preceding the officer's use of force.
During a traffic stop in Houston, Officer Felix jumped onto the running board of Barnes's car and fatally shot him. The Fifth Circuit's 'moment of threat' doctrine considers only the instant force was applied — excluding officer-created danger. Every other circuit uses Graham's totality-of-circumstances framework.
A mature circuit split governs excessive-force claims across thousands of police encounters annually. The doctrine determines whether an officer who escalates a situation is immunized from § 1983 liability because only the final moment counts.
Established the 'objective reasonableness' standard; judged from the perspective of a reasonable officer on the scene.
Limited police deadly force to situations where the suspect poses a significant threat to officers or others.
Applied Graham to a high-speed pursuit; Court engaged with the factual totality when assessing officer reasonableness.
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