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From: "Adam H. Kerman" <ahk@chinet.com>
Newsgroups: rec.arts.tv
Subject: Re: Barnes v. Felix, possible nationwide standard in use of force in qualified immunity cases
Date: Fri, 11 Jul 2025 05:38:28 -0000 (UTC)
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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!