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Walmart is suing the U.S. government in a pre-emptive strike in the battle over its responsibility in the opioid abuse crisis.The government is expected to take civil action against the world’s largest retailer, seeking big financial penalties, for the role its pharmacies may have played in the crisis by filling opioid prescriptions.But on Thursday, Walmart filed a lawsuit saying that the Justice Department and the Drug Enforcement Administration are blaming the company for the government’s own lack of regulatory and enforcement policies to stem the crisis.Walmart says it is seeking a declaration from a federal judge that the government has no lawful basis for seeking civil damages from the company. It is also seeking to clarify its legal rights and duties under the Controlled Substance Act.Walmart operates more than 5,000 pharmacies in its stores around the country.“Walmart and its pharmacists find themselves in an untenable position,” the company based in Bentonville, Arkansas, says in the lawsuit filed in the U.S. District Court in the Eastern District of Texas. “Under defendants’ sweeping view, Walmart and its pharmacists may be held liable — perhaps even criminally — for failing to second-guess DEA-registered doctors and refuse their prescriptions. But if pharmacists do so, they may face the wrath of state medical boards, the medical community at large, individual doctors, and patients.”Walmart says in the suit that the Justice Department identified hundreds of doctors who have written problematic prescriptions that Walmart’s pharmacists allegedly should not have filled. But nearly 70% continue to have active registrations with the DEA, the lawsuit says.“In other words, defendants want to blame Walmart for continuing to fill purportedly bad prescriptions written by doctors that DEA and state regulators enabled to write those prescriptions in the first place and continue to stand by today,” the suit says.The lawsuit names the Justice Department and Attorney General William Barr as defendants. It also names the DEA and its acting administrator, Timothy Shea.In the suit, Walmart describes a government probe of the company that began in December 2016 and calls it a “misguided criminal investigation” conducted by the U.S. Attorney’s office for the Eastern District of Texas. Walmart says it fully cooperated with the probe.In the spring of 2018, the office advised that it intended to indict the company. In August 2018, Walmart said that officials at the Department of Justice recognized that there was no plausible basis for a criminal indictment, and the department formally declined to prosecute Walmart. But the civil investigation continued.The initial investigation was a subject of a story in ProPublica published in March. ProPublica reported that Joe Brown, then U.S. attorney for the Eastern District of Texas office, spent years pursuing a criminal case against Walmart for its opioid prescription practices, only to have it stymied after the retail giant’s lawyers appealed to senior officials in the Justice Department.Two months later, Brown resigned. He didn’t give a reason for his departure except to say he would be “pursuing opportunities in the private and public sectors” and “some of those will become apparent in the coming days. Brown went into private practice in the Dallas areaA spokeswoman for the U.S. attorney’s office in Texas that handled the investigation referred questions to the Justice Department in Washington. The Justice Department declined to comment. 3541
WARNING: The video above may contain graphic content. LAS VEGAS -- Las Vegas Police on Wednesday released body camera footage of the moment officers entered gunman Stephen Paddock’s hotel suit, CNN reports.Paddock killed 58 people and injured nearly 500 after opening fire on 22,000 concertgoers from the 32nd floor of the Mandalay Bay.Sheriff Joe Lombardo with the Las Vegas Metropolitan Police Department said video, 911 call audio and logs will be released on a rolling basis beginning with body camera footage.RELATED: Photos show inside of Stephen Paddock's hotel suit"I don't know how this footage will be played in the media, but I want to warn you, if you are a survivor or a family who lost a loved one, you should know the video from this concert is disturbing and graphic," Lombardo said. 812
WASHINGTON — Presidential adviser Jared Kushner says President Donald Trump wants to help Black Americans, but they have to “want to be successful” for his policies to work.Kushner added that Trump administration policies will help Black people overcome problems that the community has been "complaining about.""President Trump’s policies are the policies that can help people break out of the problems that they’re complaining about, but he can’t want them to be successful more than they want to be successful," Kushner said.Democratic Rep. Don Beyer of Virginia accused Kushner of “casual racism.”Former Democratic National Committee Chair Donna Brazile says Kushner is “talking to folks who have suffered and endured systemic racism and historic tokenism.”White House press secretary Kayleigh McEnany says “internet trolls” took Kushner’s words out of context. 872
WASHINGTON (AP) — An inmate at a federal jail in New York City has tested positive for coronavirus, marking the first confirmed case in the federal prison system. The federal Bureau of Prisons says the man is housed at the Metropolitan Detention Center in Brooklyn and complained of chest pains on Thursday, a few days after he arrived at the facility. Officials say he was taken to a local hospital and was tested for COVID-19. The inmate was discharged from the hospital on Friday and returned to the jail, where he was immediately placed in isolation. The Bureau of Prisons learned Saturday he had tested positive for COVID-19. 638
VISTA, CA (KGTV) — The man accused of intentionally driving a U-Haul van into a crowd of people outside of an Encinitas bar, pleaded not guilty to serious charges in a Vista courtroom Wednesday.Christian Davis, 28, stood next to an attorney with his head down as he was formally charged with two counts of attempted premeditated murder, three counts of assault with a deadly weapon, and one count of felony driving under the influence of alcohol.Deputy District Attorney, Kim Coulter, said the incident early Sunday morning started at the Saloon and Shelter bar when Davis was kicked out.RELATED: Video shows driver slamming into crowd outside Encinitas bar"He was asked to leave because he was highly intoxicated and it was time for him to go," said Coulter.Once he was kicked out, Coulter said he got into a verbal argument with two bouncers, then threatened them."It escalated and culminated with Davis telling the security guards 'you're going to regret doing this, I’m going to come back and I’m going to kill you,'" she said.Moments later, witnesses saw the U-Haul heading for a crowd of people standing outside of the bars.RELATED: Man arrested after driving into crowd outside Encinitas barThe incident was captured on a passerby's dash cam video."He reversed out of a 7-Eleven and he came barreling down a sidewalk in front of Shelter bar, right into a crowd of people," said Coulter. "It’s our position that he used the U-Haul passenger van as a deadly weapon."Good Samaritans rushed to hold Davis in place until deputies arrived and arrested him. Sadly, two men who were outside of the bar at the wrong time were seriously hurt."A 25-year-old victim has had a severe injury to his leg, he’s had his third surgery today," said Coulter.The other victim, a 24-year-old, was also left hospitalized with severe injuries."He has two collapsed lungs, fractured ribs, a broken arm and he did spend time in the ICU," she said.Bail was set at million. If Davis is released on bail, he will wear an alcohol monitoring bracelet.He is due in court for a preliminary hearing on March 17. 2095