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Oakland Post

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By Stacy M. Brown
Black Press USA Senior National Correspondent

The U.S. Supreme Court unanimously rejected a judicial doctrine that for years shielded law enforcement officers from civil liability in police shooting cases by allowing courts to assess force based only on the final moments before an officer pulled the trigger. In Barnes v. Felix, the high court struck down the Fifth Circuit’s “moment-of-threat” rule, which had been used to justify the 2016 killing of Ashtian Barnes, a Black man shot during a traffic stop outside Houston. Officer Roberto Felix fired two shots into Barnes’s moving car after stepping onto the doorsill. The lower courts determined that only the two seconds before the shooting—when Felix was holding onto the vehicle—mattered in deciding whether the use of deadly force was reasonable. The Supreme Court disagreed. Writing for the unanimous Court, Justice Elena Kagan made clear that determining whether an officer’s use of force is reasonable under the Fourth Amendment requires an analysis of the totality of the circumstances, including all events leading up to the shooting. “A court deciding a use-of-force case cannot review the totality of the circumstances if it has put on chronological blinders,” the Court ruled.

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The victim’s mother, Janice Barnes, brought the case under Section 1983, alleging that Felix violated her son’s constitutional rights. The ruling sends the case back to the lower courts for reconsideration under the broader standard set by the Supreme Court. According to the Constitutional Accountability Center (CAC), the Court’s ruling solidifies that police do not have special constitutional status and should be held to the same accountability standards. “The moment-of-threat rule is entirely unsupported by the Constitution’s text and history,” said Nargis Aslami, a fellow at CAC. Chief Counsel Brianne Gorod added, “The Court took a small but important step toward greater accountability for police officers who violate the Fourth Amendment by inflicting unnecessary violence during their encounters with the public.” The ruling comes as data continue to show disproportionate police encounters and violence against Black Americans. A NAACP Criminal Justice Fact Sheet revealed that a Black person is five times more likely than a white person to be stopped without just cause. Black men are twice as likely to be stopped as Black women. Meanwhile, 65% of Black adults say they have felt targeted because of their race.

Each year, between 900 and 1,100 people are shot and killed by police in the United States. Since 2005, at least 98 non-federal law enforcement officers have been arrested for fatal on-duty shootings. Still, only 35 have been convicted—and just three have been convicted of murder with the convictions upheld. Recent data from the Prison Policy Initiative show that while white residents are most likely to initiate contact with police—for reasons like reporting crimes or seeking help—Black, Hispanic, and Asian individuals are more likely to be on the receiving end of police-initiated contact, including street stops, traffic stops, and arrests. Traffic stops, which remain the most common form of police-initiated contact, are also among the most lethal. According to Mapping Police Violence, over 100 police killings occurred during traffic stops in 2023. The Bureau of Justice Statistics reports that 62% of Black people whose most recent police contact in 2022 was initiated by officers were drivers in traffic stops. That compares to 56% to 59% among other racial groups. Black drivers were searched or arrested at a rate of 9%—more than double that of white drivers and significantly higher than Hispanic or Asian drivers. “The Supreme Court’s decision in Barnes v. Felix is crucial not only for police accountability but also for broader constitutional protections,” the North Star Law Group wrote in a post. “If the Court upholds the ‘moment of threat’ standard, it could make it even harder to hold officers accountable for excessive force. However, if it reinforces the ‘totality of circumstances’ standard or adopts a hybrid approach, it could create a fairer system that protects both civilians and responsible police officers.”

Stacy M. Brown

Posts by Stacy M. Brown

By Stacy M. Brown
Black Press USA Senior National Correspondent

Black women remain the backbone of the U.S. labor force—working more, earning less, and bearing greater burdens across nearly every sector. Even as the country added 177,000 jobs in April, Black women lost 106,000 positions, the steepest decline of any group. Their unemployment rate jumped to 6.1%, according to the U.S. Bureau of Labor Statistics. But the losses go far deeper than a single month of data. Research shows Black women are not only overrepresented in low-wage industries like care, cleaning, education, and food service—they are also consistently denied advancement and paid significantly less than white male peers, even with the same credentials. In its July 2024 report, the Institute for Women’s Policy Research (IWPR) found Black women working full-time, year-round earned just 69.1 cents for every dollar paid to white men. That figure drops to 49.6 cents in states like Louisiana. “Black women consistently have higher labor force participation rates than other demographics of women,” officials from the National Partnership for Women and Families wrote. Yet those higher participation rates have not translated into pay equity or job security.

The earnings gap grows wider with age. For example, Black women aged 56 to 65 working full-time, year-round, earn just 59.3 cents for every dollar paid to white men in the same age group. Those in leadership roles report disproportionately high dissatisfaction with pay and access to advancement, with 90% of women of color in management saying systemic barriers hinder workplace progress. Additionally, according to a 2022 Health Affairs report, more than one in five Black women in the labor force are in health care—more than any other group. However, nearly two-thirds of them work as licensed practical nurses or aides, and 40% are in long-term care. These roles are among the lowest-paid and highest-risk in the industry, often involving grueling schedules, poor benefits, and unsafe conditions. Beyond health care, the National Employment Law Project found that more than half of Black women work in jobs where they are overrepresented, such as childcare, janitorial work, and food preparation. Meanwhile, they remain underrepresented in high-wage fields like tech, law, and executive management—even when they hold the degrees and credentials to qualify.

In Boston, Charity Wallace, a 37-year-old biotech professional, and Chassity Coston, a 35-year-old middle school principal, both say they’re leaning heavily on community and mental health strategies to cope with workplace challenges. “It’s a constant fight of belonging and really having your girlfriends or your homegirls or my mom and my sister,” Wallace told NBC News. “I complain to them every day about something that’s going on at work. So having that circle of Black women that you can really vent to is important because, again, you cannot let things like this sit. We’ve been silenced for too long.” Limited opportunities for promotion and sponsorship compound the isolation many Black women feel in their workplaces. In 2024, writer Tiffani Lambie described the “invisible struggle for Black women” at work. “The concept of ‘Black Girl Magic’ contributes to the notion that Black women are superheroes,” she wrote. “Although the intent of this movement was to empower and celebrate the uniqueness of Black women, the perception has also put Black women at greater risk of anxiety and depression—conditions that are more chronic and intense in Black women than in others.”

She warned that workplace conditions—marked by fear, lack of support, and erasure—threaten to push more Black women out of leadership and career pipelines. “If left untouched, the number of Black women in leadership and beyond will continue to decline,” Lambie wrote. “It is incumbent on everyone to account for these experiences and create an equitable and safe environment for everyone to succeed.” The Urban Institute recently spoke with a Black woman who transitioned from part-time fast food work to a full-time data entry role after completing a graduate degree. The job offered her better pay, health insurance, and stability. “It gives you a sense of focus and determination,” she said. “Now, I can build my career path.”

Stacy M. Brown

Posts by Stacy M. Brown