A federal appeals court has ruled that police officers can be held liable for using excessive force, even if their actions follow internal department policyโmarking a major limitation on qualified immunity (a legal doctrine that shields officers from civil lawsuits unless a constitutional violation is clearly established).
The decision, issued by the U.S. Court of Appeals for the Ninth Circuit on June 2, could affect a high-profile lawsuit involving Yang Yong, a 40-year-old Korean American man fatally shot by LAPD Officer Andres Lopez in May 2023. In April, the Los Angeles Police Commission had cleared Lopez of wrongdoing, but the federal court ruling opens new legal avenues for the family.
Ninth Circuit Overturns Prior Ruling in 6โ5 Vote
The courtโs full 11-judge panel reversed a prior ruling by a three-judge panel that had sided with the LAPD. In a 6โ5 decision, the court stated that if an officerโs use of deadly force violates protections under the Fourth Amendmentโsuch as protection from unreasonable search and seizureโthe officer is not protected by qualified immunity.
The ruling stems from a 2020 incident involving Officer Tony McBride, who shot and killed Daniel Hernandez, 38, during a traffic response in South Los Angeles. Hernandez, holding a box cutter, approached officers and ignored repeated commands to drop the weapon. McBride fired six shots in three two-shot bursts over six seconds. Hernandez died at the scene.
His family later filed a lawsuit claiming the final two shots were fired after Hernandez had already fallen to the ground, arguing that this constituted excessive force.
McBrideโs legal team argued that the Los Angeles Police Department (LAPD) determined her actions were โwithin policyโ and that she was therefore protected by qualified immunity. A three-judge appellate panel initially agreed.
However, the Ninth Circuitโs full panel overturned that decision, writing: โContinuing to shoot a suspect who appears to be neutralized and no longer poses an immediate threatโ violates the Fourth Amendment.
Until now, agencies such as the LAPD have frequently cited qualified immunity to avoid civil liability in fatal police shootings, especially when officers adhered to department procedures. The courtโs decision removes that shield when constitutional rights are potentially violated.
Implications for the Yang Yong Case
The ruling may now influence ongoing legal action over the death of Yang Yong. His case shares similarities with the Hernandez incident. According to the complaint, officers forcibly entered Yangโs home, where he was reportedly frightened and holding a knife. He was shot three times and died at the scene.
Yangโs family filed a civil lawsuit in Los Angeles County Superior Court in September 2023. They are also planning to file a federal civil rights suit under the Fourth Amendment.
Dr. Yang Min, father of the deceased, told The Korea Daily, โThe only way for the family to seek justice is through civil litigation.โ He added, โWeโve already filed in county court, but we want to pursue a federal civil rights case as well.โ
Legal Experts and Advocates Respond
Attorney Chanyong Jung, who submitted a public records request to the LAPD regarding Yangโs death, emphasized the rulingโs importance: โThis decision clarifies that even if internal reviews clear an officer, courts can still examine whether constitutional rights were violated.โ
Legal observers say the courtโs ruling could have far-reaching implications for law enforcement agencies across the western United States. By limiting the use of qualified immunity in cases involving fatal force, it increases the legal accountability of police departments and officers.
BY HYOUNGJAE KIM [kim.ian@koreadaily.com]
