Path: news.eternal-september.org!eternal-september.org!.POSTED!not-for-mail
From: "Adam H. Kerman" <ahk@chinet.com>
Newsgroups: rec.arts.tv
Subject: Barnes v. Felix, possible nationwide standard in use of force in qualified immunity cases
Date: Thu, 13 Feb 2025 08:04:43 -0000 (UTC)
Organization: A noiseless patient Spider
Lines: 28
Message-ID: <vok92r$2qb9d$1@dont-email.me>
Injection-Date: Thu, 13 Feb 2025 09:04:43 +0100 (CET)
Injection-Info: dont-email.me; posting-host="36d49dc8380b81669e7ef6190331d32f";
	logging-data="2960685"; mail-complaints-to="abuse@eternal-september.org";	posting-account="U2FsdGVkX1+8Y/v6YAUGKgKKos73acFdRMW/UP+rumk="
Cancel-Lock: sha1:Vxl1pEt6HfGilOGH2T8g8dCbpRw=
X-Newsreader: trn 4.0-test77 (Sep 1, 2010)

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