Supreme Court ruling could change how police use-of-force cases are prosecuted

CHARLOTTE — Changes could be coming to how excessive force at the hands of law enforcement could be prosecuted.

On Thursday, the Supreme Court unanimously ruled that the actions prior to a deadly encounter should also be considered.

This decision changes a precedent that was set over 35 years ago as a result of a 1989 case that took place in Charlotte.

And while seconds do count in a deadly force situation, what about the minutes leading up to those encounters?

This ruling helps to answer what happens if an officer’s decision-making puts them in a situation where they have no choice but to use deadly force.

Channel 9’s Glenn Counts spoke with Attorney Scott MacLatchie about the deadly force training. Latchie is also a former deputy with Los Angeles County.

“My only concern is that it could lead to hesitancy, which in a moment where there is a true deadly force threat could result in a loss of life,” said MacLatchie.

However, he did agree that this decision would make it easier to sue officers and their departments.

“The only change I see is that it will afford those suing the police the benefit of a potential argument,” MacLatchie elaborated.

Channel 9 also spoke with a group of community activists who fight for social justice, as well as police reform.

Activist Kass Ottley said she has taken to the streets many times in the aftermath of a police shooting. She said she was thrilled at the Supreme Court’s decision.

“I think it’s giving folks more of a fighting chance when the worst happens,” said Ottley. “With no question, no thought about it, the officer said they feared for their life, and that’s it. I’m happy they are going to look at more of what happened leading into that.”

And while MacLatchie doesn’t believe this decision will change anything, Ottley disagrees.

“I’m happy that it’s a step in the right direction because I’m tired of seeing Black and Brown people gunned down,” said Ottley.

 While the ruling does make it easier for citizens to sue the police department, it does not address questions of liability.

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