Hendrickson and Lafferrandre Amicus Curiae Filing

In December 2024, Pierce Couch partners Robert Lafferrandre and Jeffrey Hendrickson filed a merits-stage amici curiae brief with the United States Supreme Court on behalf of the National Police Association (NPA) and the United Coalition on Public Safety (UCOPS) supporting the respondents in Janice Barnes v. Roberto Felix, Supreme Court Appeal No. 23-1239. The Supreme Court granted certiorari to determine at what point in a use-of-force event courts should assess the “objective reasonableness” of the force used, as required by the Fourth Amendment.  In the brief, amici curiae urge the Supreme Court to affirm a ruling by the Fifth Circuit Court of Appeals which held that courts are to evaluate objective reasonableness at the time moment that force is used, as opposed to the alternative proposed by the petitioner, which would have courts also assess the officer’s conduct leading to the need to use force. The case concerns both the appropriateness of relying on a suspect’s state of mind and own voluntary conduct in determining whether an officer violated the Fourth Amendment, and the impact as whole on policing efforts if the Supreme Court sides with the petitioner. This is Robert and Jeffrey’s seventh amicus curiae filing with the U.S. Supreme Court, and first at the merits stage of an appeal.

The case is Janice Barnes v. Roberto Felix et al., Supreme Court Appeal No. 23-1239, and the brief can be found here: https://www.supremecourt.gov/DocketPDF/23/23-1239/335750/20241220144440244_BarnesNPA_Amici%20Document%20December%2020%202024%20EFile.pdf

Julie Waddle