Monday, May 19, 2025

 a victory from the supremes in the war the police wage on those it can;


WASHINGTON, DC — In a unanimous decision, the U.S. Supreme Court has rejected a legal doctrine that helped shield police from accountability for recklessly escalating confrontations and then using deadly force.

The Supreme Court’s ruling in Barnes v. Felix makes clear that when determining whether an officer’s use of deadly force was reasonable under the Fourth Amendment, courts must examine the entire sequence of events—not just the split second in which an officer claims to perceive a threat before firing a weapon. The decision strikes down the so-called “moment-of-threat doctrine,” which allowed officers to escape scrutiny for their own prior misconduct and reckless provocation. Going forward, judges must weigh all relevant circumstances, including the severity of the alleged offense, the officer’s actions leading up to the use of force, and the actual threat posed by the individual. The Rutherford Institute filed an amicus brief urging the Court to overturn the moment-of-threat rule, arguing that it violated longstanding constitutional principles and fostered a culture of impunity among law enforcement.

“For too long, our justice system has enabled a kind of legalized lawlessness, where police are empowered to escalate encounters and then respond with deadly force, knowing the courts will look the other way,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “This decision is a powerful counterbalance to the Trump Administration’s efforts to shield police from the consequences of unconstitutional behavior. While the executive branch attempts to entrench a culture of impunity, the Supreme Court has hopefully drawn a constitutional line in the sand—one that signals a long-overdue shift in how police can use deadly force.”..........more.......

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