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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
Over 1 million children under the age of 19 in the United States have tested positive for COVID-19 since the pandemic began, the American Academy of Pediatrics and the Children’s Hospital Association said in a new report on Monday.According to the data, as of Nov. 12, 1,039,464 children have tested positive, accounting for 11.5% of all cases in states reporting cases by age.Pediatricians said 111,946 new child cases were reported last week, the highest weekly total of any previous weeks since the pandemic began."A smaller subset of states reported on hospitalizations and mortality by age; the available data indicated that COVID-19-associated hospitalization and death is uncommon in children," the report stated.In a press release, AAP President Dr. Sally Goza called the data “staggering and tragic.”"As a pediatrician who has practiced medicine for over three decades, I find this number staggering and tragic. We haven’t seen a virus flash through our communities in this way since before we had vaccines for measles and polio," Dr. Goza said. "And while we wait for a vaccine to be tested and licensed to protect children from the virus that causes COVID-19, we must do more now to protect everyone in our communities. This is even more important as we approach winter when people will naturally spend more time indoors where it is easier for the virus to be transmitted.”According to the data, 32 children have died from COVID in Texas, and 18 have passed away in New York City. 1499
Pigeons - they're everywhere you look in Las Vegas, and for some they've become a neighborhood nuisance.On Tuesday, Clark County, Nevada commissioners voted to ban people from feeding them to control their population. If you’re caught, you could pay a fine of up to a thousand dollars and go to jail for up to six months.Thomas Flores says his neighborhood has become a home to wild pigeons. “I can't even come out of my house without having pigeons flying by my head, on my roof, on the street, and the sidewalk - on my lawn,” says Flores.These birds' poop can damage your roof or your air-conditioning unit. Even worse, pigeons and their droppings carry over 60 diseases.When it comes to these nuisance birds, Todd Wagner of a Better Day Pigeon Control has seen it all.“From the roof caving in from so much feces. The gas stations also, I've seen some of them. So much feces the wind and the rain. If it gets a good rain it will blown right over,” says Wagner.He recommends taking these measures to help keep pigeons out.“Don't feed the animals outside, cats and dogs outside they love that food. If you have a spillover on your pool, get something to cover that up," Wagner said.Nearby Henderson, Nevada passed a similar law back in 2011 banning people from feeding pigeons. 1300
PHOENIX, Ariz. (KGTV) - A San Diego woman is demanding answers from Phoenix police after her uncle was shot to death by officers outside his apartment.This week, ABC10 News spoke to 18-year-old San Diegan Sadie Whitaker about her family's outrage surrounding the death of her 40-year-old uncle, Ryan Whitaker, who was shot by Phoenix police in May. It was captured on police body camera video that was just released.“I feel like this needs to be heard everywhere. It needs to be national news. It was just wrong,” said Sadie.Police said a concerned neighbor called in to report that Whitaker and his girlfriend may have been having a physical fight inside their Phoenix apartment.In the police body camera video, officers are heard knocking on the door and identifying themselves. Whitaker opens the door and appears to step out with a gun in his right hand which he then appears puts behind his back and lowers to the ground with his left hand visibly in the air. The encounter quickly escalates and shots are heard being fired.Police said the second officer in the video shot Whitaker, believing the first officer was in immediate danger. Whitaker did not fire, they report.Sadie tells ABC10 News that a few days before that, someone had knocked on their door but took off. “This night, when the same thing happened, he brought his gun to the door for protection,” Sadie added.She said his gun was legally purchased and he had no criminal history.After shots were fired, Whitaker's girlfriend appears to become hysterical. She’s heard asking why officers shot him. An officer is heard telling her that Whitaker had just pulled a gun on them. She responds that it’s dark and someone just knocked on the door.An officer is heard saying, “Your neighbor called saying he heard you guys going at it.” She responds, “Literally, we were making salsa and playing Crash Bandicoot so there may have been some screaming from PlayStation but it wasn't domestic violence or anything.”“I do not think [the shooting] was justified whatsoever,” said Sadie.Whitaker's family is calling for the officers to be terminated and face criminal prosecution.“I want there to be awareness and I want people to know that this kind of stuff is going on,” Sadie says.Phoenix Police told ABC10 News that they can’t comment because of pending litigation. The officer who fired rounds is now reportedly assigned to a non-enforcement position. 2420
Pfizer announced Monday that its COVID-19 vaccine candidate has been 90% effective.In a press release, the company said that in Phase 3 trials, the vaccine has proven to promote a vaccine efficacy rate above 90% following the two-shot regimen.The Associated Press said that while Pfizer's announcement means the company is on track to file an application for emergency use authorization later this month, it does not mean a vaccine is "imminent" and more studies are needed.Pfizer's vaccine candidate began Phase 3 testing in the summer and is among a handful of vaccine candidates that could be distributed in the coming months pending FDA approval.Phase 3 trials consist of testing about 30,000 voluntary participants in a double-blind study — meaning half of those participating receive the vaccine, and half receive a placebo. Pfizer's vaccine requires two shots, which need to be taken 28 days apart.According to Pfizer, 90% of those who were tested for the vaccine had developed protection against the virus seven days following the second shot.Pfizer is already in the process of producing millions of doses of its vaccine candidate after the U.S. government agreed to pay .95 billion for 100 million doses of the vaccine, should it prove effective. If and when the FDA grants approval for the vaccine, it will be distributed to hospitals around the country by the U.S. military in an effort the Trump administration has dubbed "Operation Warp Speed.Even though hundreds of thousands of doses of the Pfizer vaccine will be ready for shipment if it is approved for emergency use, it will need to be rationed in the first months of its availability. According to a playbook for "Operation Warp Speed," essential health care workers and people in high-risk populations would have the first opportunity to get a COVID-19 vaccine. The rest of the general public will be able to get the vaccine as more doses become available later in 2021.Pfizer was one of a handful of companies that pledged in September not to distribute their vaccine under political pressure, and would only do so if it proved to be effective in large scale trials.Monday's announcement sent stock market futures through the roof, as investors eyed a return to economic normalcy should Pfizer's vaccine be given emergency approval in the coming days or weeks.President Donald Trump also celebrated the announcement in a tweet on Monday morning."STOCK MARKET UP BIG, VACCINE COMING SOON. REPORT 90% EFFECTIVE. SUCH GREAT NEWS!" Trump tweeted. 2524