A federal judge refused Monday 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 except by officers trained and certified to use such weapons.
In a written ruling, U.S. District Judge Consuelo B. Marshall also forbade police from aiming the weapons at the upper bodies or kidneys, chest, groin or spine of persons. The launchers can only be used at a distance of five feet or greater from another person, 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, 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 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, 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 court filings, the city of Los Angeles asked the judge to 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.
The judge heard arguments last month from plaintiffs and defendants and 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, 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.