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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

NEW YORK (AP and KGTV) — Sears is closing 80 more stores, including six locations in San Diego, as it teeters on the brink of liquidation.The iconic retailer, once the nation's largest department store chain, set a deadline of Friday for bids for its remaining stores to avert closing down completely.Sears has not received any bids as of Friday afternoon.The retailer that began out as a mail order catalog in the 1880s has been in a slow death spiral, hobbled by the Great Recession and then overwhelmed by rivals both down the street and across the internet.The 80 stores are due to close by March. That's in addition to 182 stores already slated for closure, including 142 by the end of 2108 and 40 by February. The company filed for Chapter 11 bankruptcy protection in October , saying at the time it would close more than 20 percent of all stores, keeping open only its 500 most profitable locations.Sears Holdings Corp., which also runs Kmart, joins the list of retail brands taken over by hedge funds that collapsed under the weight of debt forced upon them.Under hedge fund manager Eddie Lampert, Sears has bought time by spinning off stores and putting on the block the brands that had grown synonymous with the company, such as Craftsman. The company's chairman and biggest shareholder, Lampert loaned out his own money and put together deals to keep the company afloat and to turn whatever profit he could for ESL hedge fund. Lampert and ESL have been trying to buy the rest of Sears for up to .6 billion in cash and stock.But no official bid appeared to have emerged as of 4 p.m. E.T. Friday. Sears declined to comment. 1642

NEW ORLEANS (AP) — Louisiana is suing the state of California over its decision to ban the import and sale of alligator products, saying the ban will hurt an important Louisiana industry and ultimately could hurt the state’s wetlands.In a lawsuit filed Thursday, Louisiana said the economy surrounding alligators has played a key role in bringing back the American alligator population and is an important factor in protecting wetlands and other species besides alligators that depend on the wetlands.“California has nevertheless attempted to destroy the market for American alligator products notwithstanding the fact that no such alligators live in California,” the lawsuit says.According to The Times-Picayune/the New Orleans Advocate, California banned alligator skins and meats in the 1970s but repeatedly issued exceptions that allowed sales. The newspaper reports that the most recent exemption expires on Jan. 1 of next year, and this time California’s legislature did not pass another exemption. The newspaper reports the alligator ban was backed by a coalition of animal rights and environmental groups.Louisiana said in its lawsuit that because most of the state’s coastal habitat is privately owned, the state does not have direct control over how it is managed. But the alligator industry provides economic incentives for landowners to take steps to protect marshlands that serve as habitat for the alligators.The state argues that if California’s ban goes into effect, “landowners will be forced to greatly reduce or cease their erosion control efforts because they will be unable to economically sustain those efforts, resulting in irreparable harm to their property as well as harm to Louisiana’s sovereign environmental interests in wetland preservation.”According to the lawsuit, California’s large economy often means that their product standards become de facto national standards so California’s alligator ban will have effects in other states. Louisiana says the upcoming ban is already having effects up and down the supply chain with the price of alligator hides decreasing, and alligator farmers reducing their investments.According to Louisiana Wildlife & Fisheries, over 300,000 alligators are harvested every year from both farm and wild sources. 2282

NEW YORK -- The white woman who called 911 on a Black man in Central Park back in May also made a second previously undisclosed phone call accusing the man of trying to assault her, the Manhattan district attorney revealed during a court appearance Wednesday.Amy Cooper was caught on camera calling 911 and falsely accusing Christian Cooper of threatening her life during an argument over leashing her dog in an area of the park where it is required. Amy and Christian Cooper are not related.Amy Cooper appeared in court Wednesday on a charge of falsely reporting an incident. According to the Manhattan district attorney’s office, the charge is related to the a second phone call, which was not heard on camera.During that call to 911, Amy Cooper repeated her initial accusation and added that the man “tried to assault her," District Attorney Cyrus Vance said.When officers arrived, Amy Cooper admitted that the man had not tried to assault her and had not come into contact with her, according Vance.Amy Cooper appeared virtually before a judge Wednesday, but she did not enter a plea. The case was adjourned until Nov. 17.The district attorney’s office is also exploring the option with Amy Cooper’s defense team of having her participate in an educational program to take responsibility for her actions and educate others on preventing future incidents.The now viral video was taken on May 25 by Christian Cooper. Following the incident, Amy Cooper was dubbed "Central Park Karen" — Karen being a term for women seen as acting racist and entitled.Christian Cooper, an avid bird watcher, had repeatedly told Amy Cooper to leash her pet. Instead, she called 911.Since the video went viral, Amy Cooper was fired by her employer and voluntarily surrendered custody of her dog to the rescue organization she adopted it from. The dog was later returned to her.She has also apologized for her actions and claimed she is not racist.The incident led to Gov. Andrew Cuomo signing an order that criminalizes making false, race-based 911 reports.This story was originally published by Lauren Cook and Rebecca Soloman at WPIX. 2126

NEW YORK (AP) — A tentative deal has been reached to settle multiple lawsuits brought against the television and film company co-founded by Harvey Weinstein, who has been accused of sexual misconduct by scores of women.Attorneys involved in the negotiations told a federal bankruptcy court judge during a hearing in Wilmington, Delaware, Thursday that a breakthrough in a still-unfinished mediation had put a settlement within reach.The amount of the deal wasn't revealed in court, but a person familiar with the negotiations told The Associated Press it was worth million. The person wasn't authorized to reveal details of the discussions and spoke on condition of anonymity."We now have an economic agreement in principal that is supported by the plaintiffs, the (New York attorney general's) office, the defendants and all of the insurers that, if approved, would provide significant compensation to victims, creditors and the estate and allow the parties to avoid years of costly, time consuming and uncertain litigation on all sides," Adam Harris, a lawyer for studio co-founder Bob Weinstein, told the judge.He cautioned that there was still "a lot of work here to do.""But," he added, "I personally am very optimistic."The size of the settlement was first reported by The Wall Street Journal.More than 15 lawsuits have been filed accusing Harvey Weinstein or the company of misconduct. The settlement would cover many of them, including a class action by alleged victims that accuses the film company of operating like an organized crime group to conceal widespread sexual harassment and assaults.It would also resolve a civil suit by the New York attorney general alleging that Harvey Weinstein's media company, in enabling his mistreatment of women, violated labor laws.The New York attorney general's office declined to comment on the amount of the settlement.Any settlement would need to be approved by the courts.Harvey Weinstein also faces criminal charges in New York of rape and performing a forcible sex act. His trial is scheduled to begin in September. The settlement wouldn't resolve his criminal case.Weinstein denies all allegations of nonconsensual sex.An attorney who represents unsecured creditors in the bankruptcy of the Weinstein film studio, Robert Feinstein, told U.S. Bankruptcy Court Judge Mary Walrath that mediation talks that had broken down a few months ago had recently been restarted.A global settlement of the class action lawsuit and all other legal action against the Weinstein Co. seemed to become possible only in the past few days, he said, though he cautioned that many details remained to be resolved."I think we are poised to get there. I can't assure the court that we will," he said.Harris said the settlement was complex due to the number of claims, and insurance companies, involved."We're dealing with potential claims here that go back . more than 25 years," he said, adding that the nature of the allegations had also made for "a highly charged environment, with very strong feelings on all sides."___Associated Press writer Randall Chase in Dover, Delaware, contributed to this report. 3151

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