Page 22 - TPA Journal July-August 2025

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

July - August 2025

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

SIGNIFICANT DECISION – U. S. Supreme other use of force), to apply the so-called moment-
Court – Use of force analysis. of-threat rule used in the courts below. Under that
rule, a court looks only to the circumstances exist-
Previously, the Fifth Circuit analyzed police use of ing at the precise time an officer perceived the
force (civil) cases under the ‘moment of threat’ threat inducing him to shoot. Today, we reject that
approach. That is, the Fifth Circuit determined approach as improperly narrowing the requisite
whether force was reasonable viewing only the Fourth Amendment analysis. To assess whether an
circumstances confronting the officer at the officer acted reasonably in using force, a court
‘moment of threat’. The holding of the U.S. must consider all the relevant circumstances,
Supreme Court in Barnes v. Felix broadens that including facts and events leading up to the cli-
approach and can best be summarized by the first mactic moment.
two paragraphs of the opinion:
This broader view will sometimes help, and some-
A police officer’s use of deadly force violates the times hinder, the defense of force cases depending
Fourth Amendment when it is not “objectively upon the facts of the particular case.
reasonable.” Graham v. Connor, (citation omitted) As recognized by the Fifth Circuit use of force
And that inquiry into reasonableness, we have cases are “fact-intensive”. During street encoun-
held, requires assessing the “totality of the cir- ters between citizens and officers, threatening cir-
cumstances.” Id., (citation omitted) (quoting cumstances can arise and dissipate in a matter of
Tennessee v. Garner, (citation omitted)). moments. This broader approach espoused by
the Court in the Barnes opinion attempts to cap-
The question here is whether that framework per- ture those moments in the analysis to be applied.
mits courts, in evaluating a police shooting (or

18 www.texaspoliceassociation.com • (512) 458-3140 Texas Police Journal