In Cheairs v. City of Seattle, the Ninth Circuit Court of Appeals recently ruled that an officer’s deployment of a blast ball during a chaotic protest, which injured a nearby bystander, did not violate the Fourth Amendment. This decision underscores the challenges officers face in managing volatile crowds and highlights key considerations for use-of-force policies in public safety operations.
Background
The case stems from protests in Seattle following George Floyd’s death in 2020. On June 7, demonstrators escalated actions by breaching police barricades, throwing projectiles, shining lasers at officers, and threatening to burn precincts. Seattle Police Department officers, equipped with less-lethal munitions like OC blast balls, issued multiple dispersal orders and warnings via public address.
Officer Carl Anderson, leading the chemical agent response team, threw several blast balls to protect officers and disperse the crowd. One device bounced off the pavement and struck Taylor Cheairs, a bystander filming from the sidewalk near the front of the protesters. Cheairs suffered serious injuries and sued under 42 U.S.C. § 1983, alleging excessive force and First Amendment retaliation.
The district court granted summary judgment for the defendants, and Cheairs appealed.
Legal Ruling
The Ninth Circuit first examined whether Cheairs was “seized” under the Fourth Amendment. Citing Torres v. Madrid, the court noted that force applied with intent to restrain can constitute a seizure. Here, a jury could find the blast ball’s use manifested such intent, given its design and deployment.
Turning to reasonableness, the court applied the Graham v. Connor factors: severity of the crime, immediate threat to safety, and resistance or evasion. The most critical factor—immediate threat—weighed heavily in favor of the officer. Video evidence showed protesters near Cheairs assaulting officers with rocks, bottles, fireworks, and lasers amid escalating violence. The crowd ignored dispersal orders, creating probable cause for arrests related to assault or failure to disperse.
The court balanced the intrusion (serious injury from a less-lethal device) against the government’s interest in protecting officers, citizens, and property. Officer Anderson followed department policy, throwing the device at the ground rather than at head height, reducing lethality risk. Under the totality of circumstances, viewed from the officer’s on-scene perspective, the force was deemed reasonable.
On the First Amendment claim, Cheairs failed to show retaliation for filming. No evidence indicated Officer Anderson knew Cheairs was recording or targeted him; the officer’s view was obstructed by the police line.
Implications for Public Safety Officers
This ruling offers valuable guidance for California peace officers and firefighters handling protests or crowd control. It affirms that less-lethal force can be justified when crowds pose objective threats, even if bystanders are inadvertently harmed. Agencies should review policies on munitions deployment, emphasizing ground-level throws to minimize injury risks, and officers should document threats via body cams and reports to support reasonableness claims.
If you have questions about this case or its application to your department, contact your representatives.
