Policing Matters Podcast: The premise of the 9th Circuit's 'provocation theory'

Jim and Doug discuss the ramifications of County of Los Angeles v. Mendez

At the time this podcast was recorded (in late May 2017) the Supreme Court had not yet ruled on the case in question. The queue of recorded podcasts ahead of this one was long, so by the time it was posted to the site the case had been ruled upon (in an 8-0 vote). Regardless of the time lapse, the content of the discussion remains relevant, despite the fact that we may appear here to be predicting the past. Check out the segment and add your voice to the discussion in the comments area below.

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The United States Supreme Court recently ruled on a 9th Circuit case involving two Los Angeles County Sheriff's deputies who shot and wounded a man who pointed a gun — later found to be a BB gun — at them. The premise of the 9th Circuit decision is a "provocation" theory — followed by no other federal courts — that essentially undermines the objectively reasonable set forth by Graham v. Connor. In this podcast segment, Jim and Doug discuss the case and the ramifications it may have on law enforcement.

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