Under US law, a journalist who was shot with a rubber bullet by the Los Angeles Police Department could file a lawsuit.
Immigration and Customs Enforcement (ICE) arrests in parts of the city on Friday, June 6, triggered protests.
Over the weekend, they broke out into riots, which prompted President Donald Trump to send in National Guard forces.
Some started in Los Angeles and San Francisco.
In LA, the incident resulted in hundreds of arrests, including people who were allegedly using a motorbike and a Molotov cocktail to attack police.
Police used an unlawful assembly order to close down Downtown LA after protesters set automobiles on fire, resulting in explosions and dense black smoke.
A video has gone viral showing 9News journalist Lauren Tomasi apparently being struck in the ankle by a rubber bullet fired by an LAPD officer.
The shocked Australian journalist jolted in agony and left the scene.
Later, Tomasi stated that she and cameraman Jimmy were both safe, while 9News confirmed that she was sore but otherwise unharmed.
“This is just one of the unfortunate realities of reporting on these kind of incidents,” she said.
On social media, the video sparked controversy. While some viewers said the LAPD officer specifically targeted Tomasi, others suggested the protesters behind her were the intended target.
In addition, others questioned why she didn’t wear a press vest, which would have made it obvious that she was a journalist in the middle of the chaos.
In any case, according to the Police Brutality Centre, victims of rubber bullets may be able to file a lawsuit for excessive force, carelessness, or misuse of police authority.
People can file a lawsuit against state or local government representatives who, under colour of law, violate their constitutional rights, including the Fourth Amendment’s protections against unjustified searches and seizures, under 42 U.S.C. § 1983.
If a reasonable officer would conclude that a particular amount of force is not objectively reasonable, then that force is considered excessive.
Police behaviour and the appropriate use of force are also governed by state and local regulations.
Both ordinary tort claims and federal civil-rights claims are applicable to “any person within the jurisdiction” under US law, not only US residents.
Thus, in theory, Tomasi might file a lawsuit under the 1983 excessive-force damages law and California tort damages (battery, carelessness, and emotional distress), even though she is an Australian citizen.
For instance, a plaintiff must demonstrate an intentional, offensive, or injurious contact in order to file a battery claim.
