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The Supreme Court on Thursday allowed the family of an unarmed 24-year-old man who was killed after being pulled over for suspected toll violations to continue his case for damages, ruling that appeals courts need to more thoroughly review an officer’s actions before a police shooting. The decision marked a rare instance of the conservative high court siding with the victim of a police shooting. Justice Elena Kagan wrote the opinion for a unanimous court. The excessive force suit from the family of Ashtian Barnes is one of many to make its way to the high court at a time when the nation and federal courts continue to wrestle with when to hold police accountable for split-second decisions that wind up being lethal. Roberto Felix Jr., a traffic enforcement officer in Harris County, Texas, pulled Barnes over after a camera flagged his license plate for unpaid tolls. Seconds after Felix asked Barnes to step out of his Toyota Corolla, the car instead lurched forward with Felix standing on the door sill, firing. The question was whether courts may consider the moments leading up to the threats police face – including, in this case, Felix’s decision to step into the car’s open door – when they’re reviewing excessive force claims or whether courts can review only the “moment of threat” and an officer’s response. The conservative 5th US Circuit Court of Appeals ruled that it could consider only the two-second span during which Barnes’ car moved forward, potentially threatening Felix’s life. Barnes’ family asserted the court should have also considered what happened in the preceding three seconds.
