9th Circuit Appeals Court to reconsider decision in LAPD killing - that could have expanded police immunity from lawsuits.
A larger panel of justices will now consider whether an LAPD officer has qualified immunity in her killing of a man holding a box-cutter in South LAThe 9th Circuit Court of Appeals has announced it will reconsider an opinion published earlier this year involving a fatal LAPD shooting, that could have expanded qualified immunity protections that shield police officers and their employers from civil liability.
from a 3-judge 9th Circuit panel found that LAPD officer Toni McBride should be protected from civil rights claims in federal court under the legal principle of qualified immunity, which prevents lawsuits against government workers doing official business, unless there is a clear violation of constitutional rights.
Hernandez was on the ground after McBride fired 4 shots, and Mkrtchyan argued McBride's next shots, 1 of which was fatal, were excessive."By this ruling, the 9th Circuit kind of, really, sent a very bad, bad precedent for the entire federal court system," Mkrtchyan said, as she believed previous case law required each of the officer's shots to be considered individually, rather than awarding blanket immunity because the first volleys were deemed reasonable.
The LA City Attorney's Office, which defended Officer McBride and was initially successful in getting the lawsuits' civil rights claims dismissed, did not respond to requests for comment on the 9th Circuit's decision to re-hear the case.
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