LOS ANGELES – A federal judge Monday refused to dissolve her previous order restricting the Los Angeles Police Department’s use of “less lethal” 40-millimeter and 37-millimeter projectile launchers against crowds at demonstrations. This is permitted only by officers trained and certified to use such weapons.
In a written ruling issued Monday, U.S. District Judge Consuelo B. Marshall also forbade police from aiming the weapons at the upper bodies, kidneys, chest, groin, or spine of persons. The launchers can only be used at a distance of five feet or greater. This applies unless an officer or other person is attacked and there is a threat of imminent serious harm, the judge wrote.
The judge further ordered that the LAPD must give a verbal warning to disperse, consistent with the department’s use-of-force directive. They must allow protesters a reasonable opportunity to comply before deploying the launchers, except when an officer is attacked.
LAPD said it would comply. An updated order from the department gives clear directives for use of the weapons at public demonstrations.
In her May 2021 order, Marshall granted Black Lives Matter-Los Angeles’ request for the preliminary injunction. She noted an increase in reports of LAPD officers pushing, striking, and firing less-lethal weapons on crowds of protesters, including media covering demonstrations, without a dispersal order being given.
In court filings, the city of Los Angeles asked the judge to dissolve the ruling. They argued that the injunction has taken on a “quasi-permanent status.” They also claimed LAPD policies and trainings have “advanced” to the point where it is unnecessary.
“As plaintiffs are no longer able to establish a sufficient likelihood that they will be harmed again in a similar way absent a preliminary injunction, the … preliminary injunction should be dissolved,” Deputy City Attorney Joseph S. Persoff wrote.
The judge heard arguments last month from plaintiffs and defendants. She indicated she would reject LAPD’s bid to dissolve the order.
Black Lives Matter-LA filed suit in June 2020 in Los Angeles federal court against the LAPD and its then-chief. They alleged the mass detention of more than 2,600 peaceful protesters that year. The protesters were held handcuffed on buses without access to bathroom facilities, water, or food, which was a violation of rights under the U.S. and California constitutions.
The complaint alleges excessive force and civil rights violations against the so-called George Floyd Solidarity protesters. It is expected to go to trial sometime next year.
