At a Glance
- A federal judge has banned LAPD officers from using 40mm foam baton launchers during crowd control.
- The order follows evidence of repeated misuse, including head and groin strikes on non-violent protesters.
- Why it matters: The ruling limits police crowd-control tools amid ongoing scrutiny over protest response tactics.
LAPD officers must immediately stop using 40mm less-lethal launchers during protests, under a federal contempt order issued Thursday. The directive comes after a judge found the department violated earlier restrictions on the weapons’ use.
Immediate Ban Issued
An internal LAPD message sent Thursday reads: “effective IMMEDIATELY the 40mm SHALL NOT be used during any CROWD CONTROL situation.” The department confirmed the order but declined further comment. The City Attorney’s Office said it is reviewing the ruling and also declined to comment.
U.S. District Court Judge Consuelo B. Marshall found that officers repeatedly breached a 2021 injunction that limited when and how the weapons could be deployed. The court cited specific incidents from last summer’s immigration-enforcement protests:
- One officer shot a man who had his hands up, then fired again, hitting the protester in the face and causing a jaw injury that required surgery.
- Another officer struck a seated woman in the head while she held a sign.
- A third officer shot a man in the groin, then fired at a lawyer in the groin when the lawyer asked for the officer’s name.
- A fourth officer hit a man in the back of the head as the man walked away from the protest.
Court Findings on Misuse
In her contempt order, Judge Marshall wrote that the evidence shows officers fired on demonstrators “who did not pose an immediate threat of violence or physical harm,” gave no warnings, and aimed at restricted body areas.
The 40mm launchers use a small gunpowder charge to fire foam or sponge projectiles designed to sting and bruise, not penetrate. The 2021 injunction allowed their use only when:
- Officers were certified and re-qualified annually.
- Targets were “violently resisting” or posed “an immediate threat.”
- Warnings were issued first.
- Shots avoided the head, neck, face, eyes, kidneys, chest, groin, and spine.
- Officers maintained at least a 5-foot distance.
Lawsuit Background
Black Lives Matter filed the underlying lawsuit in 2020 after widespread complaints that LAPD officers indiscriminately fired these and other less-lethal weapons at demonstrators protesting the murder of George Floyd. The 2021 preliminary injunction was meant to curb that practice; this week’s contempt order enforces it.
Key Takeaways
- The 40mm launcher ban applies city-wide during any crowd-control event.
- Violations could expose the city to further legal penalties.
- The department must now rely on other less-lethal tools or different tactics for managing protests.
