Supreme Court Allows Excessive-Force Lawsuit Against Former LAPD Officer

The U.S. Supreme Court ruled Monday that former Los Angeles police officer Toni McBride can face an excessive-force lawsuit filed by the family of Daniel Hernandez, whom she shot and killed in 2020. McBride fired six shots at Hernandez on April 22, 2020, at the scene of a three-vehicle crash in downtown Los Angeles.

Hernandez, 38, had approached her holding a box cutter after the collision. An autopsy later showed methamphetamine in his system. The Los Angeles Police Department commission ruled the shooting in policy.

Body-camera footage released by the department showed McBride ordering Hernandez to drop the weapon four times before firing two initial shots from about 30 feet away. She fired four more rounds after he fell to the pavement. Melanie Hernandez, the victim’s 18-year-old daughter, filed the wrongful-death suit on July 10, 2020.

The court rejected an appeal from the Los Angeles city attorney seeking to dismiss the case. McBride left the LAPD after the incident. She has since maintained an Instagram account with more than 124,000 followers and has been photographed with actors including James Cameron, Keanu Reeves, Michael B.

Jordan and Chris Hemsworth. McBride’s attorney Larry Hanna said she positioned herself in front of bystanders and repeatedly told Hernandez to stop. Marina Vergara, Hernandez’s sister, said McBride showed no attempt to de-escalate.

The lawsuit alleges Hernandez posed no threat to McBride or others.