According to NPA's brief, allowing civil suits by violent,
weapon-wielding criminals who attack police and are shot dead has
enormous societal costs and no appreciable benefits.
INDIANAPOLIS, July 31,
2024 /PRNewswire/ -- The National Police Association
(NPA) today announced the filing of an amicus curiae brief in
the United States Court of Appeals
for the Ninth Circuit in support of the defendant-appellees in the
case of Estate of Daniel Hernandez,
et al. v. City of Los Angeles, et al. The NPA's brief aims to
uphold the doctrine of qualified immunity, a crucial legal
protection for law enforcement officers, and to defend the
discretionary authority of officers in life-threatening
situations.
The case, Nos. 21-55994 and 21-55995, is an appeal from
the United States District Court
for the Central District of California, where the Honorable Judge
Stanley Blumenfeld, Jr. granted
summary judgment in favor of the City of
Los Angeles and its officers. The plaintiffs, representing
the estate of Daniel Hernandez, are
challenging the application of qualified immunity to the officers
involved in the incident.
James L. Buchal of Murphy
& Buchal LLP, representing the NPA, emphasizes the
necessity of maintaining qualified immunity for police officers.
"The recent scholarly attacks on qualified immunity fail to
recognize the foundational importance of this doctrine in enabling
law enforcement officers to make split-second decisions without the
paralyzing fear of litigation," said Buchal. "The NPA's brief
underscores the complex and dangerous nature of police work and the
imperative to provide officers with the legal protections they need
to perform their duties effectively."
Summary of the NPA's Argument:
- Rejection of Historical Attacks on Qualified Immunity:
The NPA's brief refutes the appellants' argument against qualified
immunity, highlighting that recent scholarly critiques do not
justify overturning long-established immunity doctrines. The brief
asserts that the original language of the Civil Rights Act of 1871
supports the continuation of qualified immunity.
- Support for the District Court's Ruling: The NPA argues
that the district court correctly upheld Officer McBride's use of
force as reasonable, given the circumstances of the encounter. The
brief emphasizes the need for judicial deference to officers'
on-the-ground assessments and decisions in rapidly evolving,
life-threatening situations.
- Complexity of Deadly Force Decision Making: The brief
outlines the scientific and policy-based reasons for deferring to
officers' judgment in the use of deadly force. It warns against the
judiciary's micromanagement of split-second decisions made by
officers when confronting armed criminals, noting that such
oversight could undermine public safety and officer
effectiveness.
The National Police Association is represented by James L. Buchal of Murphy & Buchal LLP. The
NPA's amicus can be viewed here.
About The National Police Association: The National Police
Association is a 501(c)3 non-profit Educational/Advocacy
organization. For additional information visit
NationalPolice.org.
Media Contact:
Tim
Livingston
567.245.5128
381141@email4pr.com
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SOURCE National Police Association