Felix v. Barnes: Impact on Use of Force Training for Louisiana Law Enforcement

Louisiana police officers are trained to evaluate the totality of circumstances before using deadly force. This principle is grounded in key U.S. Supreme Court decisions: Graham v. Connor, Tennessee v. Garner, and Scott v. Harris. Each case is thoroughly examined in the POST (Peace Officer Standards and Training) integrated use of force curriculum.

Despite the Supreme Court’s guidance in these cases, the United States Fifth Circuit Court of Appeals had developed a “moment of threat” rule. This rule restricted lower courts from considering the broader context leading up to a use of force incident, requiring them instead to assess only the exact moment when force was applied.

That changed with the Supreme Court’s recent ruling in Felix v. Barnes. The Court struck down the “moment of threat” rule and reaffirmed that courts must evaluate the totality of circumstances—consistent with its prior decisions.

What Does This Mean for Police Training?

In my view, this ruling changes very little for Louisiana law enforcement training. The “moment of threat” rule was never adopted into POST’s curriculum—and for good reason.

On one hand, the rule risked being misinterpreted by officers, possibly encouraging reckless behavior under the belief that legal liability was limited to split-second decisions. On the other hand, context is critical. Behavior that may appear non-threatening in isolation can become clearly dangerous when considered alongside the events that preceded it. The Supreme Court recognized this nuance in its opinion:

“Taking account of that context may benefit either party in an excessive-force case. Prior events may show, for example, why a reasonable officer would have perceived otherwise ambiguous conduct of a suspect as threatening. Or instead they may show why such an officer would have perceived the same conduct as innocuous. The history of the interaction, as well as other past circumstances known to the officer, thus may inform the reasonableness of the use of force.”

The Felix Case: Key Facts and Lingering Questions

The facts of Felix raise thought-provoking questions. A police officer initiated a traffic stop for a suspected toll violation. Roughly two minutes into the encounter, the driver refused to exit the vehicle and instead attempted to flee. With the driver’s door open, the officer stepped onto the doorsill of the moving car. Believing his life was in danger, he fired two shots, striking the driver, who later died. A civil lawsuit followed.

There’s little question that hanging onto a moving vehicle at highway speed presents a deadly threat. From a strict “moment of threat” perspective, the court likely reached the correct conclusion in dismissing the claim. But to what extent did the officer contribute to creating that dangerous situation? Should an officer who initiates risk be able to claim self-defense? These questions remain unresolved. The Court noted:

“We do not address here the different question Felix raises about use-of-force cases: whether or how an officer’s own ‘creation of a dangerous situation’ factors into the reasonableness analysis.”

The Takeaway for Officers

The Supreme Court’s decision reinforces what Louisiana POST has always emphasized: officers must consider and articulate the totality of circumstances in any use of force situation.

Officers should be encouraged to clearly articulate their perceptions, observations, and the facts leading up to a use of force decision. Every case is different, and context matters. Often, an officer’s narrative is the only way to fully convey that context—especially since body-worn cameras (BWCs) do not capture an officer’s internal state, such as their observations, beliefs, or fears.

Is Your Team Ready?

Have your officers recently received refresher training on use of force law and articulating perceived threats? Is your agency staying ahead of these essential training needs?

If not, we’re here to help. Contact us today to schedule a customized use of force refresher course tailored to your department’s needs.