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  • Barnes v. Felix, possible nationwide standard in use of force in qualif

    From Adam H. Kerman@21:1/5 to All on Thu Feb 13 08:04:43 2025
    I like these two attorneys, trying to explain the way cases must be
    evaluated given the twisted logic of qualified immunity, when an
    officer's use of force is lawful, the circuit split on said use of force
    (which is what helps to get a case accepted for appeal by the Supreme
    Court) and speculation if their clients' actions in use of force or use
    of deadly force could be evaluated using the same logic as used when
    evaluating a police officer's user of force if there were a nationwide standard.

    I could follow some but not all of this.

    https://www.youtube.com/watch?v=E62MSnz9wdE

    The facts of the case will infuriate you; a man is dead having been
    pulled over for an alleged toll violation, then attempting to flee.

    The officer had pulled out his gun, then jumped on the moving car and
    shot the suspect, killing him.

    5th Circuit uses "moment of threat" analysis, that AFTER the officer
    jumped on the vehicle, that the vehicle was moving now posed a threat to
    the officer justifying the shooting.

    Other circuits use "totality of the circumstances" in evaluation, which
    would consider what was happening in the moments before the officer made
    the decision to jump on the fleeing vehicle.

    https://en.wikipedia.org/wiki/Barnes_v._Felix

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  • From Adam H. Kerman@21:1/5 to Adam H. Kerman on Fri Jul 11 05:38:28 2025
    Adam H. Kerman <ahk@chinet.com> wrote:

    I like these two attorneys, trying to explain the way cases must be
    evaluated given the twisted logic of qualified immunity, when an
    officer's use of force is lawful, the circuit split on said use of force >(which is what helps to get a case accepted for appeal by the Supreme
    Court) and speculation if their clients' actions in use of force or use
    of deadly force could be evaluated using the same logic as used when >evaluating a police officer's user of force if there were a nationwide >standard.

    I could follow some but not all of this.

    https://www.youtube.com/watch?v=E62MSnz9wdE

    The facts of the case will infuriate you; a man is dead having been
    pulled over for an alleged toll violation, then attempting to flee.

    The officer had pulled out his gun, then jumped on the moving car and
    shot the suspect, killing him.

    5th Circuit uses "moment of threat" analysis, that AFTER the officer
    jumped on the vehicle, that the vehicle was moving now posed a threat to
    the officer justifying the shooting.

    Other circuits use "totality of the circumstances" in evaluation, which
    would consider what was happening in the moments before the officer made
    the decision to jump on the fleeing vehicle.

    https://en.wikipedia.org/wiki/Barnes_v._Felix

    I should have posted a followup. Here's Steve Lehto's discussing the
    Supreme Court reversing the 5th Circuit. Well, the 5th had failed to
    take judicial notice of a Supreme Court opinion from 10 years earlier.

    This isn't new case law!

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