Supreme Court Lets Excessive-Force Lawsuit Against Ex-LAPD Officer Proceed After Denying Appeal

The U.S. Supreme Court on Monday denied an appeal petition from the Los Angeles city attorney’s office that sought to block an excessive-force lawsuit against former LAPD Officer Toni McBride. The decision leaves in place a 2025 ruling by the U.S.

Court of Appeals for the 9th Circuit that would send the case to trial. Justices Clarence Thomas and Samuel A. Alito Jr. objected to the denial. The underlying incident occurred in April 2020 near downtown Los Angeles.

McBride fired four initial shots at Daniel Hernandez, who had exited his truck carrying a box cutter while allegedly under the influence of methamphetamine after the vehicle slammed into several cars. She then fired two final shots that killed him after he fell to the ground. Federal judges in California had ruled the first four shots justified but not the last two.

In a 6-5 decision, the 9th Circuit held that a jury could decide whether the final two shots constituted excessive force. Judge Jacqueline H. Nguyen wrote for the majority that McBride “could have and should first reassessed the situation” during the one-second pause between shots four and five.

Dissenting judges disagreed. ” The city attorney’s office appealed the 9th Circuit ruling to the Supreme Court in October 2025. UC Berkeley law dean Erwin Chemerinsky filed a response on behalf of the Hernandez family urging the justices to let a jury decide the reasonableness of the officer’s actions.

The court had considered the appeal since late February before denying it without comment. Litigation over the shooting has now extended over six years.