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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

PINELLAS COUNTY, Fla. -- A woman was arrested for child abuse on Sunday after deputies say she placed a 3-year-old girl unbuckled in the front seat of her vehicle and slammed on the brakes, sending the child into the windshield. Officials say that Justine Olesky, 33, was in a physical altercation with her boyfriend while the child was standing next to her. Once the boyfriend left, Olesky picked up the child and placed her in the front passenger seat without a seatbelt or car seat, according to the arrest affidavit.Pinellas County deputies say that the child is 3-years-old and weighs approximately 35 pounds.Deputies say that Olesky then proceeded after her boyfriend and accelerated to high speeds in a residential neighborhood. A witness saw the child in the front seat of the vehicle when they say Olesky was driving roughly 90 mph through the neighborhood. Once she saw her boyfriend, deputies say she slammed on her brakes causing the child to be ejected forward. This caused the child's head to strike the windshield at such a high force it shattered the windshield roughly 20 inches in diameter.Deputies say that blonde strands of hair were left in the glass from the child. According to the arrest affidavit, Olesky did not appear to be concerned for the child and continued to talk about her boyfriend even when deputies brought up the child's safety. Olesky was arrested for child abuse and domestic battery.Post Miranda, deputies say that Olesky told law enforcement that she does not remember and denies the incident. She did say that the window was not shattered prior to the incident, according to the arrest affidavit.The child was transported to the hospital. "Luckily no serious injury," the Pinellas County Sheriff's Office told Tampa-based WFTS.Mary Stringini is a digital reporter for ABC Action News. Follow her on Twitter @MaryWFTS. 1928

PHOENIX (AP) — Tens of thousands of coronavirus test kits that went unused during a 12-day testing blitz in Phoenix's hardest-hit Latino neighborhoods shows a failure to spread the word to a community that’s often distrustful of government. Suspicion over uniformed National Guard members at the testing site and initial requirements to show IDs and pre-register also stopped many Latinos from getting a free test in the national COVID-19 hot spot. Community leaders say officials need to go beyond the obvious translations and press releases when communicating with Hispanic people. That can include promoting events on popular social media accounts or doing live interviews on Spanish radio. 701

Outgoing United Nations Ambassador Nikki Haley joked Thursday during the annual Alfred E. Smith Memorial Foundation Dinner that the organizers had "wanted an Indian woman, but Elizabeth Warren failed her DNA test."At the dinner, which is known for political figures cracking jokes during the keynote address, Haley said that after President Donald Trump's speech at the charity dinner for the Catholic Church two years ago and Paul Ryan giving a "choir boy" speech last year, "this year you wanted to spice things up again, right?" Haley said."I get it. You wanted an Indian woman, but Elizabeth Warren failed her DNA test," Haley joked."Actually, when the President found out that I was Indian-American, he asked if I was from the same tribe as Elizabeth Warren," she quipped.Haley announced last week that she is resigning her post and will leave the administration at the end of the year. 899

Photographer Matthew Dippel captured a once-in-a-lifetime photo earlier this month at Yosemite National Park, capturing the moment of what appears to be a marriage proposal. Dippel's photo shows the proposal taking place on a cliff, with the sun shining in the background. Now Dippel is hoping to find the couple in the photo. "Alright internet I need your help," Dippel said. "Help me find these two. This was taken at Taft Point, in Yosemite National Park on October 6th, 2018. I took this photo and would love for them to find it.Since posting the photo on Facebook last week, Dippel has had a few false leads. According to Dippel's Twitter account, those leads led nowhere. As of Tuesday, Dippel has been unsuccessful in finding the couple.  798