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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

Philadelphia Police have released 911 audio from an arrest at a local Starbucks that has prompted national outrage.The audio was uploaded to the Philadelphia Police's YouTube page on Tuesday. "Hi, I have two gentlemen in my cafe that are refusing to make a purchase or leave. I'm at the Starbucks at 18th and Spruce," a female caller tells at dispatch officer.The officer told the caller that police would be out "as soon as possible."The recording also included dispatches between officers. At one point, officers request "another unit along with a supervisor" for help dealing with a two men "causing a disturbance" at the coffee shop.Later, officers inform dispatch that they've made two arrests and are en route back to headquarters.Following the arrest, Starbucks would decline to press charges and the men would be released. The woman who called police was reportedly the manager of the store. She has "left the store" while Starbucks investigates the matter.Video of the arrest filmed by a customer at the shop has been shared thousands of times on social media and prompted a rebuke by the company's CEO. Yesterday, Starbucks announced it would close 8,000 company-owned stores on May 29 to conduct racial-bias education with its employees.  1302

People at events throughout the nation today, April 4, 2018 are remembering the assassination of civil rights leader Martin Luther King Jr., which happened 50 years ago at the Lorraine Motel in Memphis, Tennessee.MLK's legacy is being highlighted today with events at the National Civil Rights Museum, which is at that site. The day will include bell tolls across the nation at 6:01 p.m. Central Time, the moment when Dr. King was shot.There are also marches and other events in Washington D.C. and throughout the country. 540

PHOENIX — From top restaurants to moving companies, you have probably used Yelp before to find businesses to use. But have you ever thought to use the website to find a daycare?The site can sometimes be a dumping ground for complaints. So, is it credible when looking for someone to look after a child? Researchers at Arizona State University decided to find out.The study included 40 cities and roughly 50,000 submissions on nearly 10,000 childcare facilities. Three of those 40 cities were Phoenix, Mesa and Tucson.Researchers tell KNXV even they were shocked by the findings.They found, through the reviews, that a majority of parents were meticulous and detailed. More than 75 percent gave a 5-star review.As for why they decided research like this was important, ASU said they wanted to see exactly what parents were looking for in childcare, what they were saying in these reviews and how uncovering that could lead to policy changes that could benefit all children.But, despite overwhelmingly positive reviews, lower-income families often reported more bad experiences, disrespect and a lack of learning for their children.Chris Herbst, an associate professor at ASU, was deeply involved in this study. He hopes this research will encourage parents to keep documenting their experiences."It provides this sort of learning loop for childcare providers," Herbst explained. "So, if providers know the parents... feel a certain way about the program, then providers can use this information to inform their... quality improvement activities."While these reviews are a good start, Herbst stresses that parents have plenty of tools they can use, beyond just basing it on online reviews.One suggestion he gives is using the Quality Rating and Improvement System.Parents can search their state and look-up different facilities to see how this system evaluates and rates the program's quality.KNXV also reached out to Erin Raden for more tools and advice for parents. She is the executive director of the Arizona Early Childhood Education Association.In regards to using online reviews like Yelp, Raden said it is good to use. However, it should not be the only way you make a childcare decision."You may have a parent that's upset about something," Raden said. "And that might be the right choice for them to no longer take their child there. But that doesn't mean that it wouldn't be the right choice for you."Raden also suggests taking your time and visiting at least two or three facilities."It's just going to be a lot about what feels right to you and you should always trust your instincts," Raden explained.She said that it is not about a facility being the most beautiful place, but instead look at how the students are engaged with their instructors. 2826

Police surrounded a Panera Bread near the Princeton University camps after a gunman was reported to be inside. According to New Jersey Attorney General's office, police shot the gunman dead. According to the Princeton University alert page, two campus buildings near the restaurant were evacuated as a precaution. Classes are currently not in session, as Princeton is on its spring break.The standoff continued from the lunch hour into the late afternoon. The identity of the deceased man is being withheld pending notification of family members. No further details of the shooting are being released at this time due to the ongoing investigation. 675

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