When Does a Police Officer Cross the Line from Employing Reasonable Force to Wielding Excessive Force?
Debate over this issue is likely to intensify over the next few weeks, especially as it relates to minority groups in Los Angeles who often feel unfairly targeted by law enforcement.
Six months after the death of immigrant laborer Manuel Jaminez in the Westlake District at the hands of an LAPD officer, the Los Angeles Police Commission sided with the officer. The civilian watchdog group, which reviews officer-involved shootings, found that the officer’s use of lethal force was reasonable and within departmental policy.
Today’s Police Commission decision is not likely to put an end to litigation in this case or quell debate over purported police misconduct generally. The United States Department of Justice may investigate the incident and his family may file a Section 1983 lawsuit for federal civil rights violations.
Cops have a right of self-defense like other people, and a duty to protect the public, but under the Constitution’s Fourth Amendment officer force must be “reasonable under the circumstances.”
Courts evaluate the reasonableness of force in a given incident by looking at the severity of the suspect’s crime, the threat posed by the suspect to the officer and the public, and efforts by the suspect to resist arrest or flee.
