We know this.
In an electoral college system, only swing states matter.
But parties will pay attention if votes are siphoned from them. If you’re not in a swing state, a third party vote has basically no negative effect but may have a positive effect of influencing a major party.
I think it’s more than arguable that voting for Kamala in Louisiana or Mississippi or even potentially California is a bigger waste of a vote than voting third party.
People win suits against the police all the time. It’s just the police rarely face consequences for it, especially as an institution.