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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

Parked on the corner of a Kenmore, Washington brewery is a bright orange food truck. It’s called The Vet Chef and inside is a former Marine with a passion for food.“The restaurant is a lot like the military,” said Chef Kyle Gourlie.“You have to do things at a certain time, follow the orders of the head chef,” said fellow veteran, Paul Welling, who worked at The Vet Chef for several years.Marine Corps Veteran Kyle Gourlie is used to following orders. “I did one tour to Ramadi, Iraq. I was a machine gunner on the top of a Humvee," he recalled. His orders look a little different these days, and he’s grateful for the new adventure. This food truck is the beginning of a new chapter, born from a love Gourlie’s had his entire life.“Aw man, I love food,” said Gourlie. “I could work a 14-hour day, wake up in the morning and start cooking food at my own house. It makes me happy. It’s my art, it’s everything to me.”The happiness he’s found now came after a long period of struggle and recovery.When Gourlie was deployed, an explosion almost killed him.“I peered over the top of my Humvee, and it was an IED. It blew me sideways. I broke my back in five places, my neck in three, and had a brain injury, but thankfully, I walked away with no scars,” recounted Gourlie.He spent two years healing, and even when he was physically ready to move on, Gourlie realized the transition to civilian life couldn’t happen overnight.“I’ve had morning routine to evening routine, every single day, planned out for me, order after order and that’s been my life. Now, I’m expected to do all this, and I don’t even know how to fill out a check, which was me, I had no concept of how to fill out a check. It’s scary," he said.It was his family who encouraged him to follow his passion into the kitchen and open The Vet Chef.“I was blessed I had a family and a wife because without them I would be lost.”But he didn’t want to stop there. Gourlie is making sure he’s hiring other vets to pay his good fortune forward.“A food truck, veteran-owned and operated that wanted to create this opportunity for other vets, and I’m like, ‘I could really get behind that’,” said Navy veteran Paul Welling.Even if their military careers made them friendly rivals, the bond Gourlie and his team share as service members is irreplaceable.“It’s been really nice to see people who have been on our truck build back into society, and I’m building with them, and it’s been wonderful,” said Gourlie.But working in this food truck is so much more than a job. Gourlie makes sure to pass on all of his culinary skills, so each of the veterans who come through here is prepared for a career for years to come.“We don’t always have that job that transitions in the civilian world, so you learn a lot of skills in the military, you can use those, but it doesn’t really give you a job path,” said Welling. “I think it’s great he wants to utilize those skills to maybe work on the food truck and maybe open up their own food truck and become masters of their own destiny.”And it’s not just professional skills these vets are learning. “Not every day is gonna be perfect,” said Welling. “One day, your generator’s going to go out in the middle of service, and I think that’s a good mantra for life: nothing is going to be perfect, but you try to help people and there’s always tomorrow.”Gourlie hopes tomorrow holds a future where this orange truck is a familiar sight across the country.“If we can ever get food trucks into vets’ hands and help them run their business, I think it’s gonna be wildly successful and get people back into society a whole lot better,” said Gourlie.It’s a mission this veteran will work tirelessly to accomplish because this comfort food feeds so much more than hunger.“They deserve every success they possibly could have because they’ve sacrificed so much,” said Gourlie. “It makes me feel blessed and honored to be a part of that.”If you'd like to learn more about The Vet Chef, click HERE. 3984

OXNARD, Calif. (KGTV) -- Authorities say a 10-year-old student has been shot by a stray bullet in a drive-by shooting outside a Southern California elementary school. Oxnard police say Friday the child was struck during a car-to-car shooting outside McAuliffe Elementary School in the coastal city. The student is expected to survive and no one else was injured. McAuliffe enrolls about 700 students from pre-kindergarten to fifth grade. Oxnard is a city of 200,000 people about 55 miles northwest of Los Angeles. 521

PINE VALLEY, Calif. (KGTV) -- A dozen undocumented migrants were arrested Thursday after they were discovered inside a stack of hay aboard a tractor trailer, Border Patrol says.According to the agency, the discovery was made at the Interstate 8 checkpoint in Pine Valley around 3:30 p.m. Thursday.USBP says a K-9 alerted Border Patrol agents about a void inside the trailer, containing the migrants.All 12 people were arrested along with the 46-year-old driver, who is a U.S. citizen, Border Patrol says.“Human smugglers have no regard for life,” said Chief Patrol Agent Aaron M. Heitke. “This tight space within the hay-stacks was not ventilated and was not designed with passenger safety in mind. I am proud of our agents. Their dedication to service and the preservation of life prevented serious harm from befalling these individuals.” 847

PINE VALLEY, Calif. (KGTV) — San Diego Sheriff's deputies are searching for an 81-year-old at-risk man who disappeared Sunday.SDSO said Kenneth Zimmerman was last seen leaving his Descanso-area home to get the newspaper but did not return. Zimmerman suffers from Alzheimer's disease and high blood pressure.He reportedly did not take his blood pressure medication Sunday morning and is not believed to have the medicine with him. He also doesn't own a cell phone.Zimmerman as last seen driving towards Highway 79 from Viejas Boulevard at about 12:30 p.m. Sunday. He was driving a gold 2006 Toyota Tundra single cab with the CA license plate 8E41946. The truck has a black toolbox in the bed.He is described as a white male, 6-feet 2-inches tall, 190 pounds, and has white hair and blue eyes. He was last seen wearing a white cowboy hat, dark blue short-sleeve shirt, and blue jeans.Anyone with information is asked to call SDSO at 619-938-8400. 952