los angeles city attorney

WASHINGTON — The Supreme Court refused Monday to block an excessive force lawsuit against a former Los Angeles Police Department officer who shot and killed a knife-wielding man whose speeding truck had slammed into several cars near downtown Los Angeles.

The court turned down an appeal petition from the Los Angeles city attorney’s office, over the objections of Justices Clarence Thomas and Samuel A. Alito Jr.

Litigation over the six-second shooting incident has extended over six years.

Federal judges in California agreed that Officer Toni McBride had reason to fire four shots at the suspect in April 2020 but not the two final shots that killed him.

Daniel Hernandez was alleged to be under the influence of methamphetamine when he got out of his truck and walked toward the officer. She repeatedly ordered him, “Drop the knife,” as he approached.

But the 9th Circuit Court of Appeals, by a 6-5 vote, ruled last year that a jury could decide the officer went too far when she fired two final shots after the suspect had fallen to the ground.

The majority reasoned that in the one-second pause between shots four and five, McBride “could have and should first reassessed the situation” and possibly concluded the suspect no longer posed a danger.

That ruling would have sent the case to a trial.

But the Los Angeles city’s attorney’s office appealed to the Supreme Court in October and urged the justices to review and reverse the 9th Circuit’s decision.

The city’s attorneys said the appeals court failed to consider the “totality of circumstances from the perspective of a reasonable officer on the scene” and its decision refused “to allow for reasonable mistakes in fast-moving, life-threatening encounters.”

UC Berkeley law dean Erwin Chemerinsky filed a response for the Hernandez family. He urged the court to stand aside and let a jury decide whether the officer’s actions were reasonable.

“The 9th Circuit simply held that it should be for the jury to resolve the factual dispute over what happened,” he said.

The justices had considered the appeal since late February before finally turning it down without comment on Monday.

The Supreme Court has repeatedly ruled police officers may be sued for unreasonable searches and seizures only if they are shown to have knowingly violated clearly established law.

However, this doctrine of “qualified immunity” has divided judges over whether a particular rule or limit has been clearly established.

The 9th Circuit majority said shooting a fallen suspect crosses the line.

“It has been clearly established for more than a decade that when an officer shoots and wounds a suspect, and he falls to the ground, the officer cannot continue to shoot him, absent some indication that he presents a continuing threat,” wrote Judge Jacqueline H. Nguyen.

“A fallen and injured suspect armed only with a bladed instrument does not present a continuing threat merely because he makes nonthreatening movements on the ground. … Under such circumstances, a jury could reasonably find that she employed constitutionally excessive force. If so, she is not entitled to qualified immunity,” she said.

The five dissenters said the officer made a reasonable split-second decision.

Judge Ryan Nelson said McBride “was justified in shooting Daniel Hernandez to alleviate the risk that he posed when he advanced toward her while armed and ignoring commands to stop. … She cannot be reasonably expected or required to reassess her shooting in a tight six second period during an intense and dangerous situation throughout which Hernandez was rising and never stopped moving.”

Judge Patrick Bumatay echoed this concern.

“Judges review police shootings only in hindsight. We review police tapes years after the fact. We get to rewind, pause, fast forward — analyzing the situation frame-by-frame. While the advent of police bodycam videos has been a welcome change, we can’t ignore that real life isn’t in slow motion,” he said.

Los Angeles City Atty. Hydee Feldstein Soto lagged behind her two well-funded challengers based on early returns Tuesday night. But her incumbent colleague, City Controller Kenneth Mejia, appeared to be faring better in his bid to stay in office, holding a double-digit lead over finance executive Zach Sokoloff.

Progressive Marissa Roy led the field vying to serve as Los Angeles’ top lawyer in the first batch of returns surfacing around 8:20 p.m.

L.A. County Deputy Dist. Atty. John McKinney sat in second, while Feldstein Soto was positioned third. The top two finishers will advance to November’s general election. It could be days before the outcome of the race is clear. Mail-in ballots with a Tuesday postmark will be accepted by county election officials for another week.

With only two candidates running, the controller’s race will be decided this month and will not go to a runoff in November.

The city attorney’s race transformed suddenly this spring after the Los Angeles Police Department’s largest union broke with Feldstein Soto and backed McKinney. Independent expenditure campaigns have thrown $3 million behind McKinney in recent weeks, with much of that money coming from a political action committee controlled by Airbnb.

Feldstein Soto sued the rental giant for violating price gouging laws in the wake of the Palisades fire last year and has openly questioned whether McKinney would shy from aggressive litigation against Airbnb if elected.

“Special interests have gotten really accustomed to special treatment at City Hall. They get special treatment all the time,” Feldstein Soto said in a recent interview, suggesting that both McKinney and Roy had been compromised by outside spending. Independent expenditure campaigns supporting Roy also received roughly $725,000.

McKinney told The Times that if elected, he would “absolutely” sue Airbnb if necessary.

A representative for Feldstein Soto’s campaign declined to comment on the early returns late Tuesday night.

The three leading candidates often sounded like they were campaigning for different jobs.

Roy said she would run the city attorney’s office as L.A.’s “largest public interest law firm,” focusing on tenants’ rights, wage theft and other issues affecting working-class Angelenos. A deputy attorney general in the California Department of Justice, she also vowed to sue the Trump administration, linking arms with the attorney general’s office and other city attorneys in aggressive litigation to curb what many Californians see as targeted abuses of power.

McKinney talked more like he was running for city prosecutor, leaning heavily on his experience winning high-profile felony trials in the downtown courthouse. He said he would improve the way the city attorney prosecutes gun crimes and animal abusers. Despite his lack of experience as a civil litigator, McKinney also said he could bring down the city’s litigation costs, which exploded under Feldstein Soto.

“While all votes have not yet been fully counted, we feel optimistic about qualifying for the General Election in November. People want political courage. They want leadership,” McKinney said in a statement Tuesday night. “What is already clear, is that this election has been shaped by the pressing and undeniable concerns of the people of Los Angeles.”

McKinney previously ran for L.A. County district attorney in 2024 but disappeared in a crowded primary field.

While her term has been marked by financial strain, allegations of misconduct and mistreatment of employees and recent questions about her handling of a data breach that led to the leak of a trove of LAPD records, Feldstein Soto maintained that her opponents are far too inexperienced to serve as the city’s top lawyer.

She said she improved public safety by repairing her office’s relationship with the LAPD and filed more misdemeanors than her predecessor. Although legal costs surged, Feldstein Soto said she did her best to mitigate damage on a number of difficult cases she inherited when taking office in 2022. The rise of so-called “nuclear verdicts” in civil claims reflects a nationwide trend rather than a fault of her leadership, she said.

Feldstein Soto was endorsed by Mayor Karen Bass and U.S. Sen. Adam Schiff (D-Calif.). Roy had the support of the L.A. County Democratic Party, the city chapter of the Democratic Socialists of America and U.S. Sen. Bernie Sanders (I-Vt.). In addition to the police union, McKinney was backed by his boss, L.A. County Dist. Atty. Nathan Hochman.

The city controller’s race, normally a fairly sleepy affair, has turned into the second-highest-spending race in the city.

Mejia, 35, known for his two corgis that he often features on billboards across Los Angeles, sought to retain his seat as the city’s accountant and auditor.

His only challenger was Sokoloff, a senior vice president for asset management at Hackman Capital Partners. Sokoloff, 37, alleged Mejia did not properly utilize the controller’s office to run audits on city departments and failed to keep up the auditing pace of his predecessor.

Sokoloff’s mother, Sheryl, has spent $7.5 million on independent expenditures in the race, mostly on attack ads and mailers against Mejia. Often, the ads point to allegations that Mejia in 2023 fostered a toxic workplace and made inappropriate sexual remarks to female subordinates.

A woman who identified herself as Sheryl Sokoloff hung up on a Times reporter last week when asked about the race expenditures.

Mejia said Sokoloff’s mother — married to Jonathan Sokoloff, managing partner of private equity firm Leonard Green & Partners — was trying to bankroll the seat for her son.

Mejia has long run on accountability and transparency for the city’s budget and made public-facing databases across dozens of topics on the controller’s website in his first term.

A licensed certified public accountant, Mejia is a member of the Green Party and does not accept endorsements from political parties or politicians. He was endorsed by the Los Angeles Daily News and multiple labor unions, including the United Teachers of Los Angeles and United Auto Workers.

Sokoloff, a Democrat, was endorsed by multiple former controllers, notable Democrats — including Schiff — and the L.A. County Democratic Party, along with other business advocacy groups.