A Landmark Supreme Court Victory for Justice: Honoring Ashtian Barnes and Protecting the Rights of Texans
- Travis Fife
- May 21
- 3 min read
Updated: May 22
Before May 15, 2025, if a police officer shot and killed someone in Texas, the only question a court would ask when deciding to award their family members compensation for their loss was whether the officer reasonably felt in danger at the moment they pulled the trigger. The so-called “moment of threat” rule meant that it did not matter whether the officer created the dangerous situation or unreasonably escalated a routine traffic stop.
But now, victims of police violence and their families will get a fairer shake at justice.In a unanimous decision, the United States Supreme Court rejected the Fifth Circuit’s moment of threat doctrine doctrine, a harmful precedent that has shielded police officers from accountability in excessive force cases for decades. This decision is not just a legal win; it's a powerful affirmation of dignity, humanity, and the fight for racial justice, resonating far beyond the courtroom.
In 2016, a Harris County Constable shot and killed Ashtian Barnes during a routine traffic stop over unpaid tolls in a rental car, a senseless act of violence rooted in systemic injustices that disproportionately harm Black and Brown communities. Ashtian’s family, led by his mother, Janice Barnes, courageously demanded accountability, bringing the case through years of legal challenges. Today, the highest court in our nation agreed that their fight was justified.
In the ruling, Justice Elena Kagan made clear that courts cannot "put on chronological blinders." Instead, they must consider the totality of the circumstances, meaning the events leading up to a police shooting, such as when officers escalate routine traffic stops or create dangerous situations themselves , must now be fully considered when evaluating claims of excessive force.
Our team at the Texas Civil Rights Project proudly stood alongside Janice Barnes, submitting an amicus brief highlighting how the moment-of-threat doctrine not only weakened the constitutional rights of Texans but also enabled police to escalate routine interactions into deadly encounters, disproportionately affecting communities of color. As detailed in our Safe Passage Report, Black drivers in Houston are three times more likely than white drivers to be stopped for minor, non-moving violations and face dramatically higher risks of arrest, violence, and death during these encounters.
This victory directly impacts not only Harris County and Texas but also Louisiana and Mississippi, states within the Fifth Circuit that have long been subject to the dangerous lack of accountability he moment-of-threat rule creates.
Our amicus brief stressed three critical points:
The "moment-of-threat" doctrine unjustly transforms routine traffic stops into deadly situations, disproportionately affecting Black and Latino communities.
This doctrine unjustly reduces protections for individuals experiencing mental health crises, further endangering already vulnerable populations.
It severely limits municipal accountability, preventing meaningful oversight of police departments and systemic reform.
The Supreme Court decision marks a profound step forward, challenging the harmful practice of arming traffic enforcement officers and compelling us to rethink public safety entirely. Ashtian's tragic death underscores the urgent necessity for policy changes in Harris County, specifically ending the practice of traffic stops for non-safety related offenses and investing in a community safety budget Houstonians have been asking for.
Additionally, elected officials must push to expand civilian-led crisis intervention models like the Mobile Crisis Outreach Team (MCOT) and the Holistic Assistance Response Team (HART), ensuring trained professionals, not armed officers, handle situations involving mental health and wellness checks.
This victory is personal to many of us at TCRP. The tragic loss of life from traffic stops and wellness checks, far too common in Texas, is heartbreaking and avoidable. Over the past ten years alone, Texas law enforcement officers have taken the lives of more than 852 people during similar encounters, including Michael Ramos, Atatiana Jefferson, Nicolas Chavez, and countless others whose names echo in our continued advocacy.
At TCRP, we understand safety and justice are intertwined. Our Criminal Legal Program has long championed reform, by urging local leaders to embrace common sense policy change to traffic enforcement. Taxpayer dollars should go to preventing roadway fatalities, not pulling over folks like Ashtian for unpaid tolls on a rental car. These proposals would decrease unnecessary interactions with armed police, which all too frequently and tragically, result in excessive force against Black and brown drivers.
Public safety should never mean trading human dignity and life for punitive measures. Real safety emerges from investing in community solutions, from education to health and housing, not in escalating police militarization and violence.
Today, thanks to the bravery of Janice Barnes, the Supreme Court's clarity, and our collective demand for justice, including our continued advocacy around police accountability, we are closer to creating that world.
As we honor Ashtian Barnes' legacy, we remain committed to a vision of safety where everyone makes it home alive.
In solidarity,
Travis Fife
Texas Civil Rights Project