Federal judge bans LAPD’s use of some ‘less lethal’ weapons during protests

A federal judge has barred Los Angeles Police Department officers from using certain so-called less-lethal launchers at protests, after finding that the department violated previous court restrictions by using such projectile weapons to disperse crowds during last summer’s mass protests against immigration enforcement.

In her ruling Wednesday, U.S. District Judge Consuelo B. Marshall sided with a contempt motion filed by attorneys for Black Lives Matter-Los Angeles.

The same day, LAPD officials sent a department-wide memo announcing an immediate moratorium on the use of 40-millimeter weapons, in light of Marshall’s decision. The memo advises those seeking more clarity to contact the ministry’s risk management and legal affairs division.

“Accordingly, effective immediately, the 40mm SHOULD NOT be used in a CROWD CONTROL situation,” said the memo, a copy of which was reviewed by The Times.

A preliminary injunction issued by Marshall in 2021 imposed certain restrictions on the use of the weapons, including requiring specialized training for handlers; issuing a warning before firing such weapons; and limiting their use to only situations in which “the officer reasonably believes that a suspect is violently resisting arrest or poses an immediate threat of violence or physical harm.”

The latest order ends the use of a weapon, recognizable by its fluorescent green handle, which was used by police during recent protests to evacuate crowds after the demonstrations were declared illegal. The weapon launches projectiles the size of a mini soda can at speeds in excess of 200 mph.

But lawyers for Black Lives Matters-LA argued that the LAPD routinely flouted the injunction — citing numerous apparent violations in their contempt motion. Police officers were already prohibited from firing their weapons at a distance of five feet or more, or targeting a person’s head, groin or spine, but lawyers argued police did so repeatedly.

A lawyer said the department also appeared to be violating its own guidelines governing the use of the 40 millimeter by shooting journalists and others in sensitive areas, such as the head.

“And they’re certainly not supposed to shoot them in the back of the head as they try to leave,” said Carol Sobel, a prominent lawyer whose litigation forced the LAPD to scale back its aggressive crowd control practices in the past. “Ultimately, the LAPD is going to bankrupt the city by refusing to follow the law. »

The motion also cited a ruling by the 9th Circuit Court of Appeals that such weapons should not be used to disperse crowds. This is the latest legal challenge to the use of the 40-millimeter caliber, which the LAPD also uses in its daily operations. The ordinance does not apply to such uses.

In the past, the department has issued similar, albeit temporary, moratoriums on the use of other projectile weapons that fire so-called skip and beanbag rounds.

This week, the City Council voted in favor of new limits on the deployment of LAPD officers during protests, encouraging a “graduated response” in which officers in riot gear would only be deployed when necessary.

Los Angeles police faced widespread allegations of excessive force during protests against the Trump administration’s immigration crackdown last summer. The department’s response has already prompted lawsuits, including from the Los Angeles Press Club, which pointed to video evidence and numerous testimonies suggesting law enforcement violated its own guidelines and state law.

Earlier this year, another federal judge issued an order barring the LAPD from using less-lethal munitions against journalists and nonviolent protesters — a decision that is under appeal.

Lawyers for the city of Los Angeles and the Department of Homeland Security have previously argued that the judge’s ban was impractical and overbroad. Although police can still use less-lethal weapons to contain unruly protesters, the city said the rules put officers at risk of hesitation in chaotic situations.