A federal court of appeals overturned a ruling that protected a Los Angeles police officer from liability in a fatal shooting. This has said that experts could have a wide range of consequences in future cases where law enforcement officials seek to assert protection from civil litigation under the doctrine known as qualified immunity.
The 9th Circuit’s decision on Monday was the latest twist in the lawsuit against LAPD officer Toni McBride in relation to an on-service shooting that occurred in April 2020. McBride, who was granted medical retirement from the police department late last year, killed Daniel Hernandez after a car accident in South Los Angeles.
The shooting occurred while 38-year-old Hernandez was walking towards McBride and her police partner while the shooting occurred while holding a box cutter. In the video footage, McBride fired three two volleys in six seconds. The last two shots were fired while Hernandez was lying on the ground. The Hernandez family’s lawyers alleged in the lawsuit it was a violation of his fourth amendment right.
The shootings were ultimately found to be “in policy” under police station standards.
Last March, a three-judicial panel of judges in the 9th Circuit ruled that even if ry approvers reasonably discovered that McBride was using excessive force, they could not sue in federal court for a qualified immunity.
The Hernandez family challenged the decision, leading to Monday’s reversal with a 6-5 vote by the large EN BANC panel of the Court of Appeal.
The judges cited the Orange County 2017 case as a precedent, writing that “to continue shooting suspects who are believed to be incompetent and no longer pose an immediate threat is a violation of the Fourth Amendment.”
The case will be brought to trial in US District Court in Los Angeles.
Narin Mukritziyan, lawyer for Hernandez’s 18-year-old daughter, Melanie Hernandez, said the decision meant “justice was served.”
“Not only for this family, but also for the future of the shooting incident,” Mkrtchyan said. “Officers can’t continue shooting when someone is on the ground.”
McBride’s father, Jamie McBride, is one of nine directors in the Los Angeles Police Protection League, a union representing Rank and Files LAPD officers. He said Monday afternoon that his daughter did not have a statement on the latest developments.
“I think that when I go to the Supreme Court or the state court, common sense wins. I think she acts in self-defense and agrees that she was completely justified with the forces she used,” Elder McBride said. “She made the community safer by dealing with the threats that were coming to her.
A LAPD spokesman did not immediately return a call seeking comment Tuesday afternoon.
The shooting case slowly passed through courthouses, but another case centered around McBride’s social media activity also sparked controversy. With over 100,000 followers on Instagram, McBride built an audience by sharing her parent gun videos and content, highlighting her position and experience as an LAPD executive.
McBride claimed in a civil lawsuit that she was gender discriminated against when her right to free speech was violated and retaliated for her social media posts.
McBride’s online success made her a “gun influencer” and made money for her social media posts that showed her training range and shooting rifles at competitions. McBride received the free items, and Freeman said it included ballistic vests, ammunition and hair extensions.
She sought $100,000 in damages, claiming she suffered from “emotional pain” as a result of a workplace conflict over social media.
McBride dropped his gender discrimination claim and lost his free speech lawsuit in April 2024 when the ju judge ruled that she was not being treated unfairly.
McBride’s attorney Greg Smith said Tuesday that he lost his free speech claim, but that she retained the right to amend a retaliatory lawsuit alleging that she was discriminated against for her gender. It is still unclear whether she will be rebuilt.
“It’s completely in the air now. There are no lawsuits at the moment,” Smith said.
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