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2025-06-06 16:01:29
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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

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NEW YORK (AP) — U.S. health officials are taking a new tack in the coronavirus fight by emphasizing recent research that finds a mask protects the person who wears it. Previously, the Centers for Disease Control and Prevention advised masks because of medical evidence that it stops people who are infected with coronavirus — whether they know it or not — from spreading it to others. But this week the CDC posted on its Web site a scientific brief discussing recent studies finding that a wearer gets some protection even if an infected person has no mask.The brief added that adopting a universal masking policy, "can help avert future lockdowns, especially if combined with other non-pharmaceutical interventions such as social distancing, hand hygiene, and adequate ventilation.""Experimental and epidemiological data support community masking to reduce the spread of SARS-CoV-2. The prevention benefit of masking is derived from the combination of source control and personal protection for the mask wearer. The relationship between source control and personal protection is likely complementary and possibly synergistic, so that individual benefit increases with increasing community mask use," the brief read. Researchers pointed to the coronavirus outbreak on the USS Theodore Roosevelt as an example of the effectiveness of mask-wearing, saying, "use of face coverings on-board was associated with a 70% reduced risk."The brief said more research is needed to identify combinations of materials used for face coverings to maximize blocking and filtering effectiveness, as well as durability and comfort. 1620

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NEW YORK CITY — For the second straight night, demonstrators rallied in support of a Staten Island bar that has been blatantly violating coronavirus restrictions despite the rising spread of the virus in the area.More than 100 protesters packed the area outside Mac's Public House on Wednesday night to support the bar that New York City Sheriff's deputies shut down on Tuesday.Demonstrators questioned the reasoning behind COVID-19 restrictions and were critical that certain businesses — like chain retail stores — were allowed to stay open while local bars have been shut down.On Tuesday, the New York Sheriff's Office initiated surveillance at Mac's Public House after receiving numerous complaints that the bar was violating state health orders that have shuttered indoor dining at restaurants and instituted a 10 p.m. curfew.Deputies said that a sign on the bar's window declares itself in an "autonomous zone."Authorities said plain-clothes deputies went in, were seated at an indoor table, and were able to order food and alcoholic beverages in exchange for a mandatory "donation" of .Deputies also say they saw other patrons also eating and drinking inside the bar.At 5:40 p.m., deputies entered the establishment through the unlocked front door and found 14 people inside the bar.The sheriff's office said the deputies issued appearance tickets to multiple employees, including a bartender and cook, for various violations of city and state laws.Co-owner and manager Daniel Presti was arrested for obstructing governmental administration when he refused to leave the business, officials said.Presti, 34, was taken to the sheriff's office, issued appearance tickets and released from custody, according to authorities.Following the arrest, about a dozen officers lined up in front of the bar, blocking patrons from entering.On Tuesday night, the sheriff's Office said a crowd of about 50 people showed up to protest the shutdown. They were described as "verbal but peaceful."Heshy Tischler — a notable critic of social distancing rules — was seen on video berating the officers and yelling criticisms of local and state leaders.No injuries were reported Tuesday and no other arrests were made.This story was originally published by Joe Mauceri and Cristian Benavides on WPIX in New York City. 2312

  

Nordstrom announced on Tuesday that by the end of 2021, they would no longer sell fur or exotic animal skins.The department store said the new policy was made in partnership with the Humane Society of the United States."As a leading fashion retailer, we're committed to delivering the best possible service and merchandise for our customers. Delivering on that commitment means continually listening to customer feedback and evolving our product offering to ensure we're meeting their needs," said Teri Bariquit, the chief merchandising officer at Nordstrom in a press release. "As part of our ongoing product evolution, we've been working with the Humane Society of the United States and recently decided to stop offering products made with genuine fur or exotic animal skin in any of our stores or online. Our private label brands haven't used these materials for years, so extending this policy to all the brands we carry is a natural next step for our business."Nordstrom says the change will involve removing the use of fur in its private-label brands and not buying or selling items that use Asiatic raccoon.The company said the new policy wouldn't apply to products derived from cows, pigs, and goats. It also won't allow stores to carry items derived from lizards, snakes, alligator, kangaroo, and stingrays. 1324

  

NEW YORK (AP) — A presidential campaign that was already tugging at the nation’s most searing divides has been jolted by the death of Supreme Court Justice Ruth Bader Ginsburg. It represents a seismic shift in a race that had been defined by a pandemic, economic uncertainty and civil unrest. Democrats and Republicans on Capitol Hill began sparring almost immediately over when to replace the former justice. But the political shockwaves were only just beginning to ripple across battleground states, where high-stakes Senate races were suddenly supercharged and presidential operations were forced to rethink their messaging just over six weeks until Election Day — and with early voting already underway in five states. 730

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