The Legal Defense Fund (LDF) and the National Urban League, represented by O’Melveny & Myers LLP, have submitted an amicus brief to the U.S. Supreme Court in the case Barnes v. Felix. They are urging the court to reject the “moment of threat” doctrine, which they argue weakens police accountability, promotes unnecessary violence, and disproportionately impacts Black individuals.
The brief highlights that focusing only on the immediate moment when force is used, without considering prior events, undermines Fourth Amendment protections. Ignoring the sequence of events leading up to a confrontation discourages de-escalation by police and increases the likelihood of violence during interactions. The filing emphasizes that the Fourth Amendment requires courts to evaluate force based on the total circumstances, allowing a complete view of police behavior, including how racial biases may lead officers to wrongly perceive threats.
