Use of Force

Federal Judge Bars LAPD From Using 40mm Launchers in Crowd Control

U.S. District Judge Consuelo B. Marshall ruled on January 14, 2026, that the LAPD violated a 2021 preliminary injunction governing less-lethal weapons use. The ruling, triggered by a contempt motion from Black Lives Matter–Los Angeles attorneys, followed LAPD conduct during 2025 immigration enforcement protest response. The department issued an immediate moratorium on 40mm launcher deployment in all crowd control situations and directed personnel to contact legal affairs for guidance.

Pavashot LE News Desk

U.S. District Judge Consuelo B. Marshall ruled on January 14, 2026, that the Los Angeles Police Department violated a 2021 preliminary injunction governing the use of less-lethal projectile weapons at public demonstrations. The decision, issued on January 17, 2026, triggered an immediate department-wide ban on 40mm launcher deployment in crowd control situations—a restriction the LAPD formalized in a memo issued to all personnel.

What the Court Found

The contempt motion that produced the ruling was filed by attorneys representing Black Lives Matter–Los Angeles, according to court records. The legal action centered on LAPD conduct during protests in the summer of 2025 related to immigration enforcement raids.

Evidence presented in the contempt motion indicated that officers fired 40mm munitions without providing warnings required under the 2021 injunction, court records show. Separately, reports indicated that protesters were struck in body areas explicitly prohibited under existing department policy. The 2021 preliminary injunction had established specific conditions for 40mm use: handlers were required to complete specialized training, officers were required to issue a warning before firing, and deployment was restricted to situations where an officer reasonably believed a suspect was violently resisting arrest or posed an immediate threat of physical harm. The January 14 ruling found those requirements were not followed.

The ruling specifically impacts the use of 40mm and 37mm launchers in public demonstrations, court records show.

The Department's Immediate Response

Following Judge Marshall's decision, the LAPD issued a department-wide memo mandating an immediate moratorium on 40mm launcher use in crowd control situations. The memo's language was unambiguous. It stated: "Accordingly, EFFECTIVE IMMEDIATELY the 40mm SHALL NOT be used during any CROWD CONTROL situation."

Personnel seeking further clarity on the restriction were directed to contact the department's risk management and legal affairs division, the department said. The memo did not identify a review period or a timeline for potential reinstatement of the weapon system in crowd deployments.

How Comparable Agencies Handle the Same Question

Not every department has moved in the same direction. The Seattle Police Department maintains a policy allowing for 40mm launcher deployment in crowd management events, subject to approval by the Chief of Police. That policy places discretionary authority at the top of the command structure rather than removing the tool from crowd deployment scenarios entirely.

The LAPD's 40mm ban is part of a broader legal trend involving increased judicial scrutiny of kinetic impact projectiles in protest settings. The ruling has prompted national discussion regarding the balance between intermediate force options and public order, as noted by the National Tactical Officers Association.

What It Means for Training and Force Instructors

The court's decision has led to discussions among force instructors regarding the potential for training gaps to contribute to the misuse of less-lethal tools, according to reporting on the ruling. The 2021 injunction had already required specialized training for 40mm handlers—a prerequisite that the contempt evidence suggests was not sufficient, on its own, to ensure field compliance with the injunction's operational requirements, including pre-deployment warnings and prohibited target zones.

For training officers at agencies that still authorize kinetic impact projectiles in crowd scenarios, the LAPD case presents a concrete example of how documentation failures and targeting violations can produce a court-ordered removal of an entire weapon category from a specific use context. The contempt motion originated not from a single incident review but from a pattern of conduct observed across the summer 2025 protest response, court records show.

For procurement and policy staff, the ruling raises a direct question about whether current departmental policies governing 40mm and 37mm launcher use include the specific pre-fire warning requirements and target area restrictions that courts have scrutinized in Los Angeles. The 2021 injunction in the LAPD case established those parameters five years before the contempt finding; the January 14, 2026, ruling reflects what courts treat as the consequence when written policy does not translate to officer behavior in the field.

The LAPD has not publicly detailed what, if any, path exists toward restoring 40mm launcher access for crowd control under modified conditions or enhanced oversight. Personnel with questions about the moratorium were directed, as of the January 2026 memo, to the risk management and legal affairs division.

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