Hogan Lovells secures rare 9-0 Supreme Court ruling in landmark Fourth Amendment case

The team provided pro bono representation on behalf of Janice Barnes, whose son Ashtian Barnes was fatally shot by a Texas police officer during a routine traffic stop over a toll violation. In a 9-0 decision written by Justice Elena Kagan, the Court rejected the “moment of the threat” doctrine applied by the Fifth Circuit and held that courts must consider the totality of the circumstances, not just the moments before a shooting, when evaluating the officer’s use of force. The Court vacated and remanded the Fifth Circuit decision granting summary judgment in favor of the officer.

"We are incredibly pleased with the Supreme Court’s ruling on behalf of our client, Janice Barnes," said Wellington, who was Counsel of Record in this matter. "This was a hard-fought victory through three federal courts, and Janice Barnes will continue fighting for the constitutional rights of her son, Ashtian Barnes, when this case returns to the Fifth Circuit."

Writing for the Court, Justice Elena Kagan emphasized the importance of considering the broader context when assessing a police officer's use of deadly force. "While the situation at the precise time of the shooting will often matter most, earlier facts and circumstances may bear on how a reasonable officer would have understood and responded to later ones," Kagan wrote. Courts must consider the reasons for the stop, the previous interaction between the suspect and officer, and the broader context of the encounter. Importantly, and particularly for this case, "the 'totality of the circumstances' inquiry has no time limit," Kagan said.

Justice Brett Kavanaugh, joined by Justices Thomas, Alito, and Barrett, wrote a concurring opinion that acknowledged the risks inherent in traffic stops but affirmed the need to consider the full context of an encounter.

The decision marks an important shift in how Fourth Amendment claims are adjudicated and will reshape how lower courts assess these cases in the Second, Fourth, Fifth, and Eighth Circuits, where the “moment of threat” doctrine governed prior to the Supreme Court’s decision.

In addition to Wellington, the Hogan Lovells team included associate Rachel Record. Both Wellington and Record are based in Boston. They were recently recognized as Law360 "Legal Lions of the Week" for their work on this case. The team also included Nathaniel Zelinsky, who argued the case before the Supreme Court in January as a Hogan Lovells senior associate. Zelinsky is currently a senior associate at Milbank LLP.

Janice Barnes was also represented by Adam Fomby and Howard Fomby of the Fomby Law Firm.