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Police reform has been at the forefront of protests the past few weeks, following the death of George Floyd in Minneapolis.The qualified immunity doctrine is getting a lot of attention.“Qualified immunity is a doctrine that was created by the Supreme Court in 1967 in a case called Pierson v. Ray, and when the Supreme Court announced the existence of qualified immunity, they described it as a good faith defense,” Joanna Schwartz, a professor at the UCLA School of Law, said.However, there have been debates on how this doctrine can be used.In recent weeks, Congressman Justin Amash proposed the “Ending Qualified Immunity Act” (H.R. 7085).“Qualified immunity is just another example of a justice system that is not working for people, and preventing people from getting the redress they deserve,” Representative Justin Amash (L-Michigan) said.So, we dove into qualified immunity with Joanna Shwartz, a law professor who studies civil rights litigation, and Justin Smith, a sheriff in Larimer County, Colorado.“Qualified immunity first of all has nothing to do with criminal immunity,” Sheriff Justin Smith said. Smith has been with the Larimer County Sheriff’s Department for nearly three decades.“Who in their right mind would build a career on running towards gun fire and confronting an armed suspect? Why would you do it without some type of civil protection?,” he explained.We sat down with him as he explained why qualified immunity is important for his officers. “I’d simply ask the question to the average American, is a police officer expected to be perfect in all of their actions in a split second?,” he asked. Smith said without qualified immunity, one incorrect decision made by an officer could cost a lot. “If you didn’t call that exactly right by one judges interpretation, that's a lawsuit,” he said.“Every time the officer puts on the shirt, the badge, straps on the firearm, comes to work, every action they take responding to a case essentially is as if they went to Vegas and they walked up to the table, placed a five dollar bet, and in Colorado for example, would cost them up to 0,000. Who's going to make that bet?,” Smith explained.However, those who want qualified immunity removed say the doctrine has changed over the years and it’s not necessary to protect officers who act in good faith when it comes to protection of rights.“Concerns about split second decision making...are already protected from liability by the Supreme Court's construction of what the Fourth Amendment allows. Qualified immunity is unnecessary to do that,” Schwartz explained.She went on to explain why she believes that qualified immunity isn’t necessary for the protection of money, either. “I studied lawsuit payouts across the country over several years, I found that police officer personally contributed .02 percent of the total dollars paid to plaintiffs,” she said.Schwartz said while the doctrine was originally created as a good faith defense, it has changed over the years to make it harder for people to file lawsuits against officers. “In order to defeat qualified immunity, find a prior case with virtually identical facts in which a court announced that that conduct was unconstitutional,” she said.Which has been an issue for James King from Michigan, who told a reporter he was assaulted by an officer in plain clothes in a mistaken identity case. The incident was caught on camera back in July 2014. “The simple fact is the majority of this time this situation happens to anyone, they have no recourse,” King said.Officers are often forced to make decisions in a split second. “This is a risk taking profession,” Smith said. “We can say the criminal justice system isn't perfect and that's accurate. Nothing in society is perfect. I think it’s overall improved significantly over the years.”But Schwartz thinks officers acting in good faith can be protected by other measures.“Qualified immunity is not necessary or well suited to play that role in weeding out insubstantial cases,” she said.Both Smith and Schwartz agree that when looking at proposed changes to qualified immunity on the federal and state level, it’s important to look at what officers the bill is including -- whether that be local, county, state, or federal officers.“Congress’ bills at this moment only end qualified immunity for state and local officials,” Schwartz explained. “As we are thinking about state and local law enforcement, we should not overlook the role of federal law enforcement and other government officials.” 4534

PITTSBURGH, Pa. - The University of Pittsburgh announced on Sunday that they'd issued a shelter-in-place order for students on its Pittsburgh campus due to a spike in positive COVID-19 cases on campus.The order, which was initially scheduled for Thursday, was moved up and went into effect at 12:01 a.m. on Monday."This action is being taken to respond to a significant increase in positive cases among students over the weekend," university officials said in a statement. "There have been at least 40 confirmed cases since Friday, which we suspect are linked to gatherings that took place over the Halloween weekend." 626

Police in North Carolina are searching for a suspect in the shooting death of a man who was killed while streaming live on Facebook, according to CNN affiliate WSOC-TV.The shooting took place Monday in the town of Wingate. The victim has been identified as Prentis Robinson, 55.Robinson's Facebook page is filled with live videos of him playing instruments and walking down the street with a selfie-stick.Nothing seemed different when the 55-year-old was filming live Monday morning, selfie-stick in hand, complaining about a family member who Robinson claims stole one of his three cellphones. According to WSOC, the video showed him stopping at the Wingate Police Department to report the alleged theft.The Facebook video shows Robinson as he left the station, walked up a hill toward his home and exchanged a few words with another man.Then there was gunfire and Robinson, along with his phone, fell to the ground.CNN has reached out for further comment from the Wingate Police Department.Wingate police Chief Donnie Gay told WSOC, "I'd just spoke to him, it was, I just ... it's hard to say anything about that. I just got through talking to him."Robinson was found face down on the street. Douglas Cleveland Colson, 65, was identified by police as a suspect in the shooting, and is now wanted on a murder charge, according to WSOC.The fatal shooting led to a lockdown at nearby Wingate University, which is less than a mile from the scene. Wingate Elementary School was also placed on lockdown, WSOC states.CNN has reached out for further comment from the Wingate Police Department and officials at Wingate University.  1637

PETA wants to make sure a bunch of lobsters killed in a vehicle wreck last week in Maine aren't forgotten.The animal rights group, formally known as People for the Ethical Treatment of Animals, sent a letter to the Maine Department of Transportation asking for permission to install a 5-foot tombstone for the deceased crustaceans along a highway in Brunswick.That's where a local seafood distributor's truck -- loaded with about 70 crates of lobsters -- overturned, CNN affiliate WGME reports, spilling thousands of them onto the roadway."It was something I've never seen before," Brunswick police Detective William Moir told the station. "Some lobsters were loose on the ground from being spilled over so we went to work to save the ones we could."The requested memorial would feature a picture of a lobster with the words "In Memory of the lobsters who suffered and died at this spot, August 2018." It would also urge people to "Try Vegan.""Countless sensitive crustaceans experienced an agonizing death when this truck rolled over and their bodies came crashing down onto the highway," PETA Executive Vice President Tracy Reiman said in a statement.?"PETA hopes to pay tribute to these individuals who didn't want to die with a memorial urging people to help prevent future suffering by keeping lobsters and all other animals off their plates."On Thursday, the state Department of Transportation turned down PETA's request, citing safety concerns.?In a letter?to PETA, Jim Billings, the department's chief counsel, said development and signs of all types are prohibited along controlled-access highways such as US 1."Control-of-access areas may have a very high volume of car and truck traffic as well as a high speed limit that could create a potential hazard to motorists should development and signs be allowed in these sections," Billings wrote.And Ted Talbot, the department's spokesman, also said PETA's plans wouldn't fly because it seemed like the animal rights group was seeking a permanent memorial, and that's not permissible under state law. Roadside memorials in Maine can only stay up for 12 weeks and can't be taller than 4 feet, he said.PETA is reassessing its options and will seek other ways "to reach the people of Maine," spokeswoman Amber Canavan told CNN. 2314

Police reform has been at the forefront of protests the past few weeks, following the death of George Floyd in Minneapolis.The qualified immunity doctrine is getting a lot of attention.“Qualified immunity is a doctrine that was created by the Supreme Court in 1967 in a case called Pierson v. Ray, and when the Supreme Court announced the existence of qualified immunity, they described it as a good faith defense,” Joanna Schwartz, a professor at the UCLA School of Law, said.However, there have been debates on how this doctrine can be used.In recent weeks, Congressman Justin Amash proposed the “Ending Qualified Immunity Act” (H.R. 7085).“Qualified immunity is just another example of a justice system that is not working for people, and preventing people from getting the redress they deserve,” Representative Justin Amash (L-Michigan) said.So, we dove into qualified immunity with Joanna Shwartz, a law professor who studies civil rights litigation, and Justin Smith, a sheriff in Larimer County, Colorado.“Qualified immunity first of all has nothing to do with criminal immunity,” Sheriff Justin Smith said. Smith has been with the Larimer County Sheriff’s Department for nearly three decades.“Who in their right mind would build a career on running towards gun fire and confronting an armed suspect? Why would you do it without some type of civil protection?,” he explained.We sat down with him as he explained why qualified immunity is important for his officers. “I’d simply ask the question to the average American, is a police officer expected to be perfect in all of their actions in a split second?,” he asked. Smith said without qualified immunity, one incorrect decision made by an officer could cost a lot. “If you didn’t call that exactly right by one judges interpretation, that's a lawsuit,” he said.“Every time the officer puts on the shirt, the badge, straps on the firearm, comes to work, every action they take responding to a case essentially is as if they went to Vegas and they walked up to the table, placed a five dollar bet, and in Colorado for example, would cost them up to 0,000. Who's going to make that bet?,” Smith explained.However, those who want qualified immunity removed say the doctrine has changed over the years and it’s not necessary to protect officers who act in good faith when it comes to protection of rights.“Concerns about split second decision making...are already protected from liability by the Supreme Court's construction of what the Fourth Amendment allows. Qualified immunity is unnecessary to do that,” Schwartz explained.She went on to explain why she believes that qualified immunity isn’t necessary for the protection of money, either. “I studied lawsuit payouts across the country over several years, I found that police officer personally contributed .02 percent of the total dollars paid to plaintiffs,” she said.Schwartz said while the doctrine was originally created as a good faith defense, it has changed over the years to make it harder for people to file lawsuits against officers. “In order to defeat qualified immunity, find a prior case with virtually identical facts in which a court announced that that conduct was unconstitutional,” she said.Which has been an issue for James King from Michigan, who told a reporter he was assaulted by an officer in plain clothes in a mistaken identity case. The incident was caught on camera back in July 2014. “The simple fact is the majority of this time this situation happens to anyone, they have no recourse,” King said.Officers are often forced to make decisions in a split second. “This is a risk taking profession,” Smith said. “We can say the criminal justice system isn't perfect and that's accurate. Nothing in society is perfect. I think it’s overall improved significantly over the years.”But Schwartz thinks officers acting in good faith can be protected by other measures.“Qualified immunity is not necessary or well suited to play that role in weeding out insubstantial cases,” she said.Both Smith and Schwartz agree that when looking at proposed changes to qualified immunity on the federal and state level, it’s important to look at what officers the bill is including -- whether that be local, county, state, or federal officers.“Congress’ bills at this moment only end qualified immunity for state and local officials,” Schwartz explained. “As we are thinking about state and local law enforcement, we should not overlook the role of federal law enforcement and other government officials.” 4534