Hit by a rubber bullet or less-lethal round at a California protest

Police call them "less-lethal" for a reason: rubber bullets, foam-tipped rounds, bean bags and pepper balls are designed to hurt without killing. But a hard projectile fired at close range or at the head can break bones, blind an eye or cause a brain injury. If you were hit by a less-lethal round at a protest and are thinking about a rubber bullet injury lawsuit in California, state law gives you more protection than many people realize.

This guide is for protesters, journalists, legal observers, medics and people who were simply nearby. We explain California's 2021 limits on these weapons at protests, the lawsuits that followed the 2020 and 2025 protests in Los Angeles, free-speech retaliation claims, the special protections for the press, and the steps and deadlines that matter now.

What California law says about rubber bullets at protests

In 2021, California passed AB 48, which added Penal Code § 13652. The law covers "kinetic energy projectiles," defined to include rubber bullets, plastic bullets, bean bag rounds and foam-tipped rounds, and "chemical agents" such as tear gas, pepper balls and pepper spray. The starting rule is that these weapons "shall not be used by any law enforcement agency to disperse any assembly, protest, or demonstration," except under strict conditions.

Under the statute, they may be used only by an officer trained in their use, and only if the use is objectively reasonable to defend against a threat to life or serious bodily injury, or to bring "an objectively dangerous and unlawful situation" safely under control. Even then, the law requires, among other things, that:

• de-escalation or other alternatives have been tried, when reasonable, and failed;
• officers give repeated, audible warnings before firing, when reasonable, and give people a reasonable chance to leave;
• rounds are aimed at people engaged in violent acts, and "shall not be aimed indiscriminately into a crowd";
• officers minimize harm to bystanders, medical personnel and journalists;
• medical help is provided or called for people who are hurt; and
• rounds "shall not be aimed at the head, neck, or any other vital organs."

The law also says these weapons may not be used solely because of a curfew violation, a verbal threat, or not following an officer's order. Under Penal Code § 13652.1, agencies must publish a summary within 60 days of each crowd-control use, including the type of weapon, the number of rounds and the number of documented injuries. Those summaries can be useful evidence.

A violation of § 13652 does not automatically win a lawsuit, but it is strong evidence of what a reasonable officer should have done. It also fits with the general force rules explained in our excessive force guide.

Lawsuits from the 2020 protests

Many people were hurt by less-lethal rounds during the May and June 2020 protests after George Floyd's death. One case went to trial. In March 2023, a federal jury in Santa Ana awarded $375,000 to Deon Jones, a Los Angeles artist who was struck in the face by an LAPD rubber bullet near Third and Fairfax in May 2020, ABC7 reported. The award included $125,000 in punitive damages after the jury found the conduct "malicious, oppressive, or in reckless disregard" of his rights. Jones had turned down an earlier settlement offer. The officer's attorney disputed the verdict. ABC7 also reported that a proposed class action by Black Lives Matter Los Angeles and the National Lawyers Guild was pending at that time.

Claims from the 2025 and 2026 anti-ICE protests in Los Angeles

Large protests against federal immigration enforcement began in Los Angeles in June 2025, and less-lethal rounds were used by several agencies. Several claims and lawsuits are now public. These are allegations, and the agencies have not been found liable.

• Journalist and protester claims, June 2025. ABC7 reported on June 26, 2025 that claims were being filed against the LAPD, the Los Angeles County Sheriff's Department and the California Highway Patrol on behalf of journalist Ben Camacho and others, each seeking at least $5 million. Camacho says he was wearing press credentials when he was struck. Another man, Jack Kearns, told ABC7 he was hit in the back of the head while running away and spent three days in intensive care. LASD told ABC7 it "does not deploy less-lethal tools indiscriminately," and LAPD and CHP declined to comment on pending litigation.
• Organizer and attorneys, April 2026. Community organizer Jason Reedy and civil-rights attorneys Ricci Sergienko and Shakeer Rahman sued the City of Los Angeles and LAPD officers over the June 9, 2025 march, alleging an officer fired a 40mm launcher at nonviolent protesters and at Rahman while he recorded, according to a release from their counsel.
• Australian reporter, June 2026. Lauren Tomasi, then the Los Angeles correspondent for Australia's Nine Network, sued the City of Los Angeles and an unnamed officer in federal court in Los Angeles on June 8, 2026, alleging she was struck in the leg by a projectile while reporting in June 2025, Bloomberg Law reported. Her complaint alleges First Amendment, excessive force and due process violations.
• Downtown claim, 2026. Jasmin Lomas, a downtown Los Angeles mother, filed an administrative claim against LAPD alleging she was struck in the face by a projectile while leaving a protest near the federal Metropolitan Detention Center on January 30, 2026, Hoodline reported, citing ABC7.

Every case is different. Past results, including those listed here, do not predict the outcome of any other case. For more reported outcomes, see our table of police brutality settlements and verdicts in California.

First Amendment retaliation claims

Besides excessive force, people hurt at protests often bring a First Amendment retaliation claim. In plain words, the claim says you were doing something the Constitution protects, like protesting, filming police or reporting the news, and officers used force against you because of it, in a way that would discourage an ordinary person from speaking out. Evidence that an officer targeted someone who was filming, or someone wearing press credentials, can support this kind of claim. These claims are brought under 42 U.S.C. § 1983, and officers can raise qualified immunity as a defense.

Extra protections for journalists

California gives the press specific protections at protests. Under Penal Code § 409.7, a journalist may enter areas closed by a police line around a protest, and an officer "shall not intentionally assault, interfere with, or obstruct" a journalist gathering news. Journalists in those areas cannot be cited for failure to disperse, a curfew violation, or for obstructing an officer under Penal Code § 148(a)(1) while they are reporting. Section 13652 also tells officers to minimize the impact of projectiles on journalists. Press injuries are often strong cases because the person was clearly there to observe.

Which claims fit a protest injury?

• Fourth Amendment excessive force under § 1983 against the officer, and a claim against the city or county if a policy or practice, such as how projectiles were authorized that day, caused the harm.
• First Amendment retaliation, as described above.
• Battery, negligence and the Bane Act under California law. Qualified immunity does not apply to these state claims.
• Claims involving federal agents. When the round was fired by a federal officer, claims against the United States go through the Federal Tort Claims Act, which requires an administrative claim to the agency within two years. Suits against individual federal officers are now very limited.

One practical problem in protest cases is identifying the officer and the agency, since several departments may be on the same street. Video, the § 13652.1 summaries, deployment logs and public records requests often answer that question.

Deadlines for a rubber bullet injury lawsuit

For claims against a California city, county or the State, a written government claim must be presented within six months of the injury (Government Code § 911.2). Our guide to the six-month government claim deadline explains how. Federal civil-rights claims generally must be filed within two years in California. If you were arrested at the protest, your civil deadlines still run, and you should speak with a lawyer before giving any statement.

What to do after a protest injury

1. Get medical care, and an eye exam for any injury near the face, even if it seems minor.
2. Photograph the wound and keep the projectile, clothing and any press badge or helmet you wore.
3. Save your own video and ask friends and nearby people to send theirs. Note the time and exact location.
4. Write down any agency markings, helmet numbers or vehicle numbers you saw.
5. Do not post detailed accounts online before talking to a lawyer.
6. Call a lawyer before the six-month mark. We send preservation letters for body-camera video, munitions logs and use-of-force reports.

How LaCour handles protest injury cases

LaCour Trial Lawyers is a Pasadena-based trial firm handling police misconduct and civil-rights cases statewide, with Jonathan P. LaCour as lead trial counsel. Our team includes Spanish-speaking lawyers and staff. We work on contingency: no fee unless there is a recovery. Request a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.