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Court Upholds Legal Protection for Officer Who Continued Firing After Suspect Was Down
Officer Toni McBride was at the center of a controversial and closely watched LAPD shooting in 2020. The fatal shooting of Daniel Hernandez sparked debate and outrage, with many questioning McBride’s actions. However, a recent ruling by a federal appellate court stated that McBride is protected by the legal doctrine of qualified immunity, shielding her from federal claims related to the shooting.
According to the court, McBride is entitled to qualified immunity, regardless of whether her use of force was excessive. Judge Daniel P. Collins, writing for the unanimous three-judge panel of the U.S. 9th Circuit Court of Appeals, stated that while a reasonable jury could find McBride’s force excessive, she is still protected by qualified immunity.
The shooting took place after Hernandez, who was under the influence of methamphetamine, crashed his truck and brandished a box cutter. Despite commands from officers to drop the weapon, Hernandez continued to advance towards them. McBride fired six shots in less than seven seconds, with the final two shots being fired when Hernandez was already on the ground and badly wounded.
Following the shooting, McBride was cleared of any criminal wrongdoing. However, Hernandez’s family filed a civil suit seeking damages, claiming that McBride’s actions violated Hernandez’s rights. The court’s ruling upheld the dismissal of the federal claims but allowed state law claims of assault, wrongful death, and civil rights violations to proceed.
The decision has raised concerns among advocates for police accountability. Narine Mkrtchyan, an attorney for Hernandez’s daughter Melanie, called the ruling a “half victory” but expressed worry about the implications for civil rights cases involving excessive force. Arnoldo Casillas, an attorney for other members of the Hernandez family, criticized qualified immunity as a “sham for negligent cops” but stated his commitment to seeking justice in state court.
McBride’s father, Jamie McBride, defended his daughter’s actions, stating that her shooting of Hernandez was justified. He emphasized Hernandez’s drug use and refusal to comply with police commands as factors in the shooting. The LAPD declined to comment on the court’s decision, and attorneys representing McBride and the city were unavailable for comment.
The ruling solidifies qualified immunity as a powerful shield for police officers accused of excessive force, particularly in the American West. Joanna Schwartz, a UCLA law professor, criticized the decision, highlighting the problems with qualified immunity and its impact on cases like McBride’s.
Overall, the court’s decision in McBride’s case has sparked a renewed debate about qualified immunity, police accountability, and the use of force by law enforcement officers. The outcome of this case will have implications for future cases involving allegations of excessive force and civil rights violations. As the legal battles continue, the public remains divided on where to draw the line between protecting officers and ensuring justice for victims of police violence.
News
Is now the right time to invest in gold as prices have cooled?
The price of gold has climbed to record highs recently and has remained strong through much of April. And, that growth continued until the precious metal traded at around $2,390 per ounce on April 19, 2024. But since, growth in the price of the precious metal has cooled, with gold’s price now hovering around $2,300 per ounce.
This lull in gold’s price may represent an investment opportunity.
In general, investing is centered around buying assets when prices are low and selling them when prices are high – generating a profit on the difference between the two. So, considering the declines in gold’s price over the past few days, now may be the time to make your investment. But is buying gold during this lull in prices really a good idea?
Compare your gold investment options among leading brokers now.
Gold prices have cooled. Should you buy in now?
With gold’s price down from recent highs, you may be wondering if now is the right time to buy in. There are several reasons the dip in gold’s price may represent an opportunity to buy. Here are some of the biggest:
Prices may rise again
If looking at a gold price chart shows anything for certain, it shows that changes in the overall growth of the medal come in fits and spurts. Periods of price growth are typically followed by periods of declines and vice versa.
But with inflation rising in recent months – and with gold’s reputation as a safe-haven asset that can hedge against inflation – it only makes sense that the price of the precious metal will eventually start to head up again in the future. While attempting to time that directional change may be tricky, buying the precious metal while the price is down gives you the opportunity to take advantage of any upward movement that may be ahead.
Add gold to your portfolio now before prices have a chance to rise.
You may be able to make a quick profit
Gold isn’t known as an asset in which you can earn a quick return, but in today’s market, that may be the case. Don’t forget that in January, gold was trading at just $2,000 per ounce. And, by mid-April, the commodity’s price had climbed to around $2,400 per ounce. That’s about 20% growth in a matter of months, much of which happened since March 1 – an impressive climb for any investment asset.
Perhaps more importantly, gold’s price growth through the beginning of 2024 shows that the commodity doesn’t have to be a buy and hold style investment that you keep in a safety deposit box or precious metal depository for years to come. There’s also the possibility that the commodity’s price could climb further ahead, making it a compelling way to potentially generate a quick profit.
There are other benefits of investing in gold
There are other benefits of investing in gold that have little to do with the price growth seen thus far in 2024 – or the lull in prices seen over the past couple of days. Those benefits include:
- Inflation protection: Gold has long been considered an inflation hedge, and for good reason. When inflation drives the prices of consumer goods and services up – and the value of the dollar down – gold’s price tends to rise. So, it could be used to maintain the value of your portfolio during inflationary economic conditions. That’s important in today’s economic environment as stubborn inflation continues to weigh on the value of the dollar.
- Portfolio diversification: Gold’s price doesn’t always move in the same pattern that bonds or stocks do. So, mixing a reasonable amount of gold into your portfolio (up to 10% of your portfolio assets) as a diversifier could protect you from losses should one or more of your traditional portfolio assets fall in value. “If you have less than 5% – 10% of your net worth in commodities & FX (forex), you should absolutely consider adding exposure to gold and other precious metals,” says Vijay Marolia, money manager and managing partner at the wealth management firm, Regal Point Capital.
The bottom line
Gold’s price has fallen from recent highs – which may represent an opportunity to tap into growth ahead. However, gold isn’t simply a “buy while it’s low and sell while it’s a high” kind of investment opportunity. The commodity can also protect your portfolio from the stubborn inflation we’ve seen thus far in 2024 while acting as a diversification tool that could increase your risk-adjusted portfolio returns. So, consider adding gold to your portfolio today while it has the potential to grow in value.
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