Vol. 39 No. 6 QUALIFIED IMMUNITY SHIELDED OFFICER BECAUSE, EVEN IF HER FIFTH AND SIX SHOTS AT DECEDENT WERE UNREASONABLE, IT WAS NOT AN OBVIOUS SITUATION IN WHICH EVERY REASONABLE OFFICER WOULD HAVE UNDERSTOOD THAT THE LAW FORBADE FIRING ADDITIONAL SHOTS AT ALREADY WOUNDED ARMED DECEDENT AS HE CONTINUED TO TRY TO GET UP
In March 2024, the Ninth Circuit Court in Est. of Hernandez v. City of Los Angeles1 held that although a reasonable jury could have concluded an officer used excessive force, qualified immunity shielded her because no precedent squarely governed the facts presented here. Background In April 2020, Los Angeles Police Department (“LAPD”) Officers Toni McBride […]