ABC13's news partners at the Houston Chronicle reported about the motion, which is said to set the stage for a potential change in how courts consider excessive force cases moving forward.
"In states like Texas, it does not matter whether an officer escalated an encounter or put himself in harm's way before using deadly force," according to the Texas Civil Rights Corps' filing. "Under the moment-of-threat doctrine, an officer can escape liability so long as he was 'in danger' at the precise instant he shot his gun."
The motion comes months after the Fifth Circuit Court of Appeals upheld a lower court's decision, ruling Harris County Precinct 5 Deputy Constable Roberto Felix acted reasonably when he killed Barnes.
RELATED: Deputy constable no-billed in deadly shooting on Beltway 8
In 2016, a Harris County grand jury no-billed Felix for Barnes' death.
Barnes' family has been outspoken in seeking answers in the deadly confrontation. In August 2016, the grand jury decided not to indict that deputy constable.
The Harris County grand jury, comprised of 12 people, did not find enough evidence to charge Felix with murder or another assaultive charge.
The shooting happened after an attempted traffic stop on Beltway 8 in April 2016.
Authorities said Felix pulled Barnes over because of toll road violations on Barnes' rental car.
The deputy said he smelled marijuana during the stop and asked Barnes to get out of the vehicle.
In the dashcam video, Felix can be heard asking Barnes if he had marijuana in the car. Felix then asked Barnes to open the trunk, but he allegedly started to drive away.
When Felix opened the driver's side door, he jumped on the side of the car as the vehicle began to move. Then Felix pulled out his gun and fired, striking Barnes.
A Pct. 5 spokesperson confirmed with Eyewitness News that Felix currently works for them and reaffirmed Constable Ted Heap's support for him.
The Harris County Attorney's Office did not immediately respond to a request for comment about the case's move to the Supreme Court.
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