A federal judge Monday declined to dismiss her previous order restricting the Los Angeles Police Department’s use of “less lethal” 40-millimeter projectile launchers against crowds at demonstrations.
In her May 2021 order, U.S. District Judge Consuelo B. Marshall granted Black Lives Matter-Los Angeles’ request for a preliminary injunction, noting 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 recent court filings, the city of Los Angeles has asked that the judge dissolve the ruling, arguing that the injunction has taken on a “quasi-permanent status,” while 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.
Marshall halted the LAPD’s use of the 40mm weapons in public demonstrations except when deployed by officers who are properly trained. She also restricted police from aiming the weapons at the upper bodies of demonstrators at close range within 5 feet.
The judge further ordered that the LAPD must give a verbal warning to disperse, consistent with the department’s use-of-force directive, and allow protesters a reasonable opportunity to comply before deploying the launchers except when an officer is attacked.
LAPD said it would comply, and an updated order gives clear directives for use of the weapons at public demonstrations.
Black Lives Matter-LA filed suit in June 2020 in Los Angeles federal court against the LAPD and its then-chief, alleging the mass detention of more than 2,600 peaceful protesters that year, held handcuffed on buses without access to bathroom facilities, water or food, 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, and is expected to go to trial sometime next year.