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Supreme Court Seems Ready to Reject Limit on Excessive-Force Suits Against Police Officers

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Supreme Court Seems Ready to Reject Limit on Excessive-Force Suits Against Police Officers

The Supreme Court seemed poised on Wednesday to reject a legal theory that puts tight limits on lawsuits seeking to hold police officers accountable for using deadly force.

The case arose, an appeals court judge wrote, from a commonplace occurrence. “A routine traffic stop,” the judge wrote, “has again ended in the death of an unarmed Black man.”

The question for the justices was how closely courts should confine their consideration to “the moment of threat” rather than the larger context of the encounter.

There was something like consensus that the theory was focused too narrowly on the seconds preceding a shooting.

“Everybody agrees it’s wrong,” Justice Neil M. Gorsuch said. “What’s the harm of saying that?”

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The case started on an April afternoon in 2016, when Ashtian Barnes, 24, was driving on a highway outside Houston in a car his girlfriend had rented. He was on his way to pick up her daughter from day care.

Though Mr. Barnes did not know it, the car’s license plate was linked to unpaid tolls that had been incurred by another driver. Office Roberto Felix Jr. of the Harris County Constable’s Office pulled the car over based on those unpaid tolls.

When Mr. Barnes could not immediately locate his license and the car’s registration, the officer asked him to step out of the car. Instead, Mr. Barnes began to pull away, with the car door still open. Officer Felix drew his gun, jumped onto the moving car’s door sill and twice shot Mr. Barnes, as recorded on dash cam footage.

Ashtian Barnes was killed in a police shooting in 2016. He was unarmed.Credit…Adam Fomby, via Reuters

Mr. Barnes’s mother, Janice Hughes Barnes, sued, saying the officer’s use of force was unreasonable, violating the Fourth Amendment.

A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled last year in favor of the officer on what it said was a narrow question. “We may only ask whether Officer Felix was in danger ‘at the moment of the threat’ that caused him to use deadly force against Barnes,” Judge Patrick E. Higginbotham wrote.

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Judge Higginbotham added a concurring opinion, writing only for himself. Had he been allowed to consider all of the circumstances surrounding the stop, he wrote, he could have ruled the other way.

“Given the rapid sequence of events and Officer Felix’s role in drawing his weapon and jumping on the running board,” the judge wrote, “the totality of the circumstances merits finding that Officer Felix violated Barnes’s Fourth Amendment right to be free from excessive force.”

At Wednesday’s argument in the case, Barnes v. Felix, No. 23-1239, some justices expressed concerns about second-guessing police officers’ split-second judgments. “An officer does not get the time we’ve spent here today to make the decision,” Justice Brett M. Kavanaugh said.

But most of the justices seemed inclined to allow the court to consider more than the seconds before the shooting.

“Would you be satisfied,” Justice Samuel A. Alito Jr. asked a lawyer for Ms. Barnes, “with a narrow holding that it is wrong for a court to look just at the moment of the threat?”

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The lawyer, Nathaniel A.G. Zelinsky, said he would, though he added that “it would be helpful if the court makes clear that that means that you can look at the jump in addition to the shoot.”

Charles L. McCloud, a lawyer for Officer Felix, said the court should narrow its focus to the moment he used force. “He was clinging to the side of a fleeing suspect’s car, and Felix reasonably believed that his life was in imminent danger,” Mr. McCloud said. “That conclusion should end this case.”

In rebuttal, Mr. Zelinsky disagreed. “You have to look at the whole picture,” he said, “and here that’s more than just two seconds.”

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Former Olympian pleads not guilty in reflecting pool vandalism charges

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Former Olympian pleads not guilty in reflecting pool vandalism charges

Former U.S. Olympian David Hearn (left) walks with his attorney Norman Eisen to speak to reporters and protesters gathered after his arraignment at the Superior Court of the District of Columbia in Washington, D.C. on Thursday.

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Former U.S. Olympic canoeist David Hearn pleaded not guilty to damaging the Lincoln Memorial Reflecting Pool in D.C. Superior Court Thursday morning.

Federal prosecutors charged Hearn with a single count of destruction of property causing more than $1,000 in damage to the pool.

Hearn has previously claimed, which his attorneys repeated during a short press conference outside the court, that he simply touched the water in the pool out of curiosity.

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The Trump administration had just completed a $14 million renovation of the pool.

But shortly after the work finished, peeling paint and algae gathered in the water. The remodel has been largely criticized as a massive failure and waste of taxpayer dollars.

Superior Court Judge Carmen McLean released Hearn on his own recognizance. His next hearing is scheduled for Aug. 5.

Norm Eisen, one of Hearn’s attorneys, spoke to reporters outside of court following the hearing. He said the administration is using Hearn as a “scapegoat … for their own failures.”

“It is not a crime to touch the reflecting pool, to touch water in the United States of America,” he said.

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Prosecutors say there is a host of evidence against Hearn.

This is a developing story.

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Three more people charged with damaging Reflecting Pool after Trump’s multimillion-dollar restoration | CNN Politics

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Three more people charged with damaging Reflecting Pool after Trump’s multimillion-dollar restoration | CNN Politics

Three more people have been criminally charged with destruction of property at the Lincoln Memorial Reflecting Pool.

Officers say they detained Cameron Thiers, Sophie Dennison-Gibby and Justin Carreno one Saturday afternoon in June and described in court documents witnessing them peeling and removing pieces of blue paint from the Reflecting Pool.

One officer “witnessed Carreno reach down into the reflecting pool and pull up a piece of the blue paint,” according to the court documents.

The officer who detained Dennison-Gibby “found 1 additional piece of the reflecting pool liner” in her purse, the documents said.

All three incidents were recorded on the officers’ body worn cameras, they said in the court documents.

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Several “partnering law enforcement agencies assigned to the Reflecting Pool” working with US Park Police were involved in detaining the two men and one woman — including officers from Texas, Oklahoma, Montana and California.

One of the officers said in court documents that Thiers “admitted to removing a piece of blue sealant from the Reflecting Pool and still had it in his hand when I made contact with him.”

The three defendants were arraigned in court Wednesday and pleaded not guilty to the misdemeanor charges of destruction of property with a value less than $1,000. The judge ordered them to stay away from the Reflecting Pool.

Lawyers for Thiers and Dennison-Gibby declined to comment. CNN has reached out to Carreno’s attorney.

If found guilty of destruction of property, the defendants could be fined up to $1,000 and face a maximum of 180 days behind bars.

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The New York Times first reported that three additional people had been charged with damaging the Reflecting Pool.

President Donald Trump has repeatedly claimed that vandals caused major damage to the pool by gashing the lining after his administration spent more than $14 million on renovations, though he has not provided evidence to support that claim. The officers who charged Carreno, Thiers and Dennison-Gibby did not accuse them of gashing the lining.

Former Olympic canoeist David Hearn was indicted by a grand jury in Washington, DC, last week for allegedly damaging the Reflecting Pool. Hearn — unlike Carreno, Thiers and Dennison-Gibby – was charged with destruction of property with a value of more than $1,000 which carries a maximum penalty of 10 years in prison, if convicted. He is set to be arraigned in court Thursday.

Crews began draining the Reflecting Pool over the weekend to make repairs, according to Interior Secretary Doug Burgum, for the second time in three months.

The move comes after weeks of problems – algae blooms, green-hued water, a chipping bottom and the administration’s allegations of vandalism – that have plagued the iconic landmark, making its woes the subject of national interest.

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Supreme Court financial disclosures reveal how their books add to their income

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Supreme Court financial disclosures reveal how their books add to their income

Supreme Court Justice Amy Coney Barrett speaks at the Reagan Library on Sept. 9, 2025, in Simi Valley, Calif. Barrett discussed and signed copies of her new book, Listening to the Law: Reflections on the Court and Constitution.

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Even as the Supreme Court was handing down one legal thunderbolt after another last week, the justices were quietly releasing their annual financial reports. Justice Samuel Alito was the only sitting justice to request an extension, which he has done for 15 years. The disclosures do not give a complete account of the justices’ total income and wealth, but they give insights into their concertgoing, guest professorships and even their involvement in youth sports.

In addition to their salaries, much of the justices’ reported income came from their book deals. Justice Ketanji Brown Jackson led the pack earning more than $1.1 million last year for a total of roughly $4 million since her memoir, Lovely One, was published in 2024.

Justices Sonia Sotomayor, Neil Gorsuch, Amy Coney Barrett and retired Justice Anthony Kennedy also reported income from published books. Earnings from their books ranged from $849,000 for Barrett, to $300,000 for Gorsuch and $88,000 for Sotomayor, whose books include her 2013 autobiography and five children’s books. Justice Clarence Thomas, who previously earned $1.5 million for his 2007 memoir, listed no publisher payments last year, and Justice Brett Kavanaugh, one of 13 co-authors of a 2016 legal treatise, also received no payments last year. Kavanaugh is said to be working on a memoir but he listed no payments for the anticipated book. Alito does have a book coming out in the fall, but with his financial report still outstanding, there is no data on how much he was paid for the work in 2025.

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The only two sitting justices who have not written books are Chief Justice John Roberts and Justice Elena Kagan.

Many justices also earned income from teaching at law schools. Roberts reported income from New England Law, located in Boston, and Gorsuch reported teaching income from George Mason University in Virginia. Thomas taught classes at Catholic University in Washington, D.C., and Barrett and Kavanaugh taught at Notre Dame Law School. Barrett graduated from the school and began teaching there 23 years ago; Kavanaugh has family connections to Notre Dame.

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