The U.S. Supreme Court has allowed a lawsuit alleging excessive use of force to proceed against Toni McBride, a former Los Angeles police officer and social media figure, in connection with a 2020 fatal shooting. The ruling came on Monday, rejecting an appeal from the Los Angeles city attorney seeking to dismiss the wrongful death lawsuit filed by the family of Daniel Hernandez.
The incident occurred on April 22, 2020, in downtown Los Angeles, following a three-car collision. McBride responded to a 911 call reporting a man attempting self-harm at the scene. Bodycam footage showed Hernandez, described by authorities as shirtless and possibly under the influence of methamphetamines, walking towards McBride while holding a box cutter. McBride repeatedly ordered Hernandez to drop the weapon as he continued advancing about 30 feet away, and then fired twice.
Hernandez fell but quickly attempted to rise, prompting McBride to fire four additional shots, resulting in his death. The Los Angeles Police Department’s police commission later concluded that the shooting was consistent with department policy.
Hernandez’s daughter, Melanie Hernandez, initiated a wrongful death suit against McBride on July 10, 2020, arguing that the use of force was unjustified. The lawsuit contends that Hernandez did not pose a threat to McBride or others, asserting that McBride acted without attempts to de-escalate the situation and fired prematurely. Hernandez’s family has also highlighted that he was at a considerable distance from McBride and bystanders at the time of the shooting.
McBride, who left the LAPD after the incident, is known publicly as an advocate for Second Amendment rights and has maintained an active presence on social media. She has also gained attention for her sharpshooting abilities and connections within Hollywood circles.
Attorney Larry Hanna, representing McBride, stated that she followed protocol and took measures to protect bystanders, citing her repeated commands for Hernandez to stop. The Supreme Court’s refusal to block the lawsuit means a jury will decide whether McBride’s actions constituted excessive force, including scrutiny of the two shots fired after Hernandez was on the ground.
Justices Clarence Thomas and Samuel A. Alito Jr. dissented from the decision, but the majority left the lower court ruling intact, permitting the family’s claims to advance in court. The case underscores continuing legal and societal debates over law enforcement use of force and accountability.