Long Beach Police Officers Ass'n v. City of Long Beach

This is an action for declaratory and injunctive relief brought by the Long Beach Police Officers Association, on behalf of approximately 650 police officers employed by the City of Long Beach Police Department, to restrain enforcement of section 4242 of the Long Beach Police Department Manual, relating to the display and discharge of firearms by the officers. Plaintiff contends that the police department policy denies the officers due process and equal protection of the law and is inconsistent with and preempted by state law. The trial court found in favor of defendants. We affirm.

Background

Various national commissions and experts on the subject of police administration have long recommended that police departments formulate written policies governing the use of firearms by their officers. Penal statdtes defining justifiable homicide and powers of arrest contain broad language and provide little guidance to the officer in the field. Without adequate training and policy guidance from his department, the officer alone bears the awesome responsibility of choice when to use his gun.

Studies have shown that “many departments have never reduced firearms rules or policy to…