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US Supreme Court weighs police conduct in fatal Houston shooting
Andrew Chung - Reuters -
22/01
The U.S. Supreme Court is set to consider on Wednesday a woman's civil rights lawsuit over the fatal police shooting of her son during a traffic stop in Houston in a case that could make it easier to hold officers accountable for using excessive force.
Summary
Ashtian Barnes, 24, was killed in 2016 Houston incident
Mother sued cop over alleged constitutional violation
Standard to judge officer's action at issue in case
Jan 22 (Reuters) - The U.S. Supreme Court is set to consider on Wednesday a woman's civil rights lawsuit over the fatal police shooting of her son during a traffic stop in Houston in a case that could make it easier to hold officers accountable for using excessive force.
The justices are scheduled to hear arguments in an appeal by Janice Hughes, whose 24-year-old son Ashtian Barnes was killed in the 2016 incident. Hughes appealed after a lower court dismissed her lawsuit that accused the Houston police officer, Roberto Felix Jr., of violating the U.S. Constitution's Fourth Amendment prohibition on unreasonable searches and seizures by using deadly force against her son.
At issue is whether the lower courts in the case properly analyzed the incident by considering only the exact "moment of threat" to the officer, while excluding the officer's actions leading up to the deadly episode.
The so-called "moment of threat" doctrine is used by courts in several regions of the country, including the Texas federal courts overseen by the New Orleans-based 5th U.S. Circuit Court of Appeals, where this case was decided - but not in other federal co... [Short citation of 8% of the original article]
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