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Next week, the U.S. House and Senate will take up police reform bills.The House will address qualified immunity on a national level. It's a doctrine implemented by the U.S. Supreme Court that makes it difficult to sue police, even if one's constitutional rights are violated.The doctrine protects officers who can defend their actions because they didn't know their conduct was unconstitutional. That's because it wasn't “clearly established” in a prior court ruling.In practice, courts have dismissed civil rights lawsuits because there wasn't a previous case in the same location with the same circumstances. So, there's also no precedent for future cases. That's why the doctrine is criticized as a "catch 22."“That kind of ‘does this officer get the benefit of the doubt?’ type of inquiry gives judges just lots of room based on their interpretation, their view of whether this seems like a bad case or not, and it means that the judge is taking cases away from the jury based on their own views of the facts,” said Brandon Garrett, professor of law at Duke University.“The way to truly understand it is to look at in the context, as a lot of people are suddenly looking at it when police uses force, and particularly when it's deadly force,” said Aderson Francois, professor of law at Georgetown UniversityThe officers involved in a wrongful death lawsuit in Washington D.C. are expected to claim qualified immunity. In 2018, Marqueese Alston was shot and killed by police while running away. The court will only look at it from the perspective of police and if they reasonably feared for their lives.“What the court will not do is to ask did my client, a 22-year-old black man in DC have a reasonable fear for the police that caused him to run away in the first place,” said Francois.It's important to point out that officers do not personally foot the bill in these cases.“It's about the municipality, the county, the city,” said Garrett. “They're the ones who are paying. They're the ones who should be held accountable. After all, if this officer was poorly trained or didn't have the right support from colleagues, it's not the officer's fault necessarily.”Qualified immunity makes it so the constitutional issue is never addressed. Even if the doctrine disappears, it's still difficult to win a constitutional claim. 2335
NORMAL HEIGHTS (KGTV) - A dog died in an apartment fire in Normal Heights on Sunday afternoon.The fire started around 4:12 p.m. at 3546 Monroe Avenue. Officials say the owner had multiple dogs living in the unit, but only one was killed. No other injuries were reported.The fire was extinguished in less than 10 minutes. It started as a couch fire, caused by a faulty extension cord, officials said. 408
NEW YORK (AP) — Mall owners Simon Property Group and Brookfield Property Partners are close to a deal to buy department store chain, J.C. Penney, out of bankruptcy and keep the chain running. Penney's lawyer Josh Sussberg announced the tentative pact, which will save roughly 70,000 jobs, during a brief hearing in bankruptcy court Wednesday. More than 600 stores are expected to be saved, USA Today reported.According to the Wall Street Journal, Simon and Brookfield will own about 490 locations and a group of lenders will own 160 stores.Sussberg noted that a letter of intent including details of the pact will be filed with the bankruptcy court the next day. The 118-year-old department store based in Plano, Texas, filed for bankruptcy protection in mid-May, one of the biggest retailers to do so since the pandemic temporarily shut down non-essential stores around the country. 891
NEW YORK (AP) — In a sign of how the pandemic is remaking Hollywood traditions, AMC Theatres and Universal Studios on Tuesday announced an agreement for a shortened theatrical window, with the studio’s films playing for a minimum of just 17 days in cinemas compared to the typical 90 days.Studios have increasingly sought to shorten that window and deliver new movies more quickly into the home.After 17 days, Universal Pictures and Focus Features will have the option to make their films available across premium video on demand platforms, including Netflix, Amazon Prime and AMC Theatres On Demand.“The theatrical experience continues to be the cornerstone of our business. The partnership we’ve forged with AMC is driven by our collective desire to ensure a thriving future for the film distribution ecosystem and to meet consumer demand with flexibility and optionality,” said Donna Langley, Chairman of Universal Filmed Entertainment Group in a press release.This deal applies to U.S. theaters, international distribution between the two companies is still being negotiated.AMC and other theater chains have struggled during the pandemic as businesses closed earlier this year and indoor spaces face state-by-state guidance on social distancing and reopening policies.AMC says this multi-year deal with Universal is a commitment and belief that customers will come back.“We would note that just as restaurants have thrived even though every home has a kitchen, AMC is highly confident that moviegoers will come to our theatres in huge numbers in a post-pandemic world. As people enjoy getting out of their homes, we believe the mystical escape and magical communal experience offered at our theatres will always be a compelling draw," said AMC CEO Adam Aron in a statement.Universal said they are working with AMC and other distribution partners on restarting theatrical releases, including upcoming installments of Fast & Furious, Jurassic World, Despicable Me, and others.Tuesday's agreement repairs a rift between AMC and Universal brought on by the on-demand release of “Trolls World Tour” in April. The new deal covers Universal films in the U.S. over the next three years. 2195
NEW: Biden Campaign Manager Jen O’Malley Dillon says, “The president’s statement tonight about trying to shut down the counting of duly cast ballots was outrageous, unprecedented, and incorrect.” pic.twitter.com/dysSKDtk1c— Yamiche Alcindor (@Yamiche) November 4, 2020 276