Yesterday, the U.S. Supreme Court issued a unanimous decision in Barnes v. Felix, holding that courts must consider the totality of circumstances that led to a use of police force, rather than only the moment preceding the use of force.
In May 2025, the Legal Defense Fund (LDF) and the National Urban League, represented by O’Melveny & Myers LLP, filed an amicus brief in Barnes v. Felix, urging the Supreme Court to strike down the moment of threat doctrine, a dangerous legal framework that has undermined police accountability, encouraged police violence, and disproportionately harmed Black people. The brief further argues that only looking to the “moment of threat” when evaluating police use of force risks irreparable damage to the protections of the Fourth Amendment, which has long required courts to assess the complete account of a police encounter with civilians, including officer misperceptions of threat arising out of racial stereotypes.
“Every year, Black people are killed by law enforcement officers and face immense hurdles to obtain justice. The moment of threat doctrine created another insurmountable barrier, rendering certain courts unable to assess whether an officer’s actions contributed to the violence or abuse that a person endured,” said Kevin E. Jason, Deputy Director of Strategic Initiatives at the Legal Defense Fund. “There can be no justice when courts are forced to ignore the actions of an officer that may have had a role in harming or killing a person. Today’s decision dismantles a dangerous legal framework and is an important step towards advancing police accountability.”
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Founded in 1940, the Legal Defense Fund (LDF) is the nation’s first civil rights law organization. LDF’s Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957—although LDF was originally founded by the NAACP and shares its commitment to equal rights.
