Mildred K. O'Linn Talks to NBC News about Proposed Changes to the Law on Use of Force in California
Los Angeles Partner Mildred K. O'Linn, an expert in law enforcement liability defense and use of force, was recently interviewed by NBC News on a newly proposed bill changing California law on use of force. This proposal comes on the heels of the recent officer involved shooting in Sacramento, which has revitalized the debate between the Graham "objectively reasonable" force standard and a subjective standard based on an ultimate finding that the force was "necessary."
Missy was quoted in reference to the burden a subjective standard would place on officers as saying, "Reaction time is always behind the curve, so they are already waiting because the other individual gets a chance to make a threat, gets a chance to take aggressive action towards them." As someone who focuses their practice in law enforcement defense and has been serving the law enforcement community for over 36 years, Missy believes that if California adopts the “necessary force” standard "we are gonna have more dead cops."