Judging Police Conduct and the Provocative 'Provocation Rule'


Riot Police

On March 22, the court will hear County of Los Angeles v. Mendez, which is just one of several high court cases this term grappling with when to hold law enforcement officials accountable for the questionable use of force.

Here, that difficult question is made “squishier” by a provocative Ninth Circuit rule, known as the provocation rule. That rule removes protections for police officers whenever they provoked the use of force.

Add in the fact that the use of force was directed toward a homeless pregnant woman, and the issues become even more difficult.

Listen as Bloomberg BNA’s Jessica DaSilva breaks it down.