An incident involving a journalist being shot with a rubber bullet by the Los Angeles Police Department may lead to legal action under US law.
The protests, which were triggered by Immigration and Customs Enforcement (ICE) operations in city neighborhoods, began on Friday, June 6.
These protests quickly escalated into riots over the weekend, resulting in President Donald Trump deploying National Guard troops for assistance.
Similar disturbances erupted in both San Francisco and Los Angeles.
The unrest led to numerous arrests in Los Angeles, with some individuals facing charges of attacking police officers using a Molotov cocktail and a motorcycle.
Protestors ignited vehicles, producing explosions and dense black smoke throughout Downtown Los Angeles, leading police to issue an unlawful assembly order and close off the area.
A video capturing 9News journalist Lauren Tomasi being struck in the ankle by a rubber bullet fired by an LAPD officer has gone viral.
Tomasi, an Australian reporter, reacted with shock, wincing in pain and moving out of the camera’s view.
According to 9News, although she was sore, she was otherwise unharmed, and later confirmed that both she and cameraman Jimmy were safe.
“This is just one of the unfortunate realities of reporting on these kind of incidents,” she noted.
The footage sparked discussions on social media, with some users claiming the LAPD officer intentionally targeted Tomasi, while others speculated that the protestors behind her were the actual targets.
Questions were also raised regarding the absence of a press vest, which could have clearly identified her as a journalist amidst the disorder.
According to the Police Brutality Center, individuals who are struck by rubber bullets may have grounds to file a lawsuit based on claims of excessive force, negligence, or abuse of police authority.
Under 42 U.S.C. § 1983, individuals have the right to take legal action against state or local government officials who, acting under color of law, violate their constitutional rights, including the Fourth Amendment’s protection against unreasonable searches and seizures.
Force is deemed excessive if a reasonable officer would consider the level of force applied as not objectively reasonable.
State and local laws also regulate police behavior and determine acceptable levels of force.
US law permits both federal civil-rights claims and standard tort claims to be filed by ‘any person within the jurisdiction’, not just US citizens.
Therefore, Tomasi could potentially pursue legal action under the 1983 excessive-force damages law, as well as under California tort claims for battery, negligence, and emotional distress, even though she is an Australian citizen.
For a battery claim, for example, a plaintiff must demonstrate that there was intentional, harmful, or offensive contact.