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Next week, the U.S. House and Senate will take up police reform bills.The House will address qualified immunity on a national level. It's a doctrine implemented by the U.S. Supreme Court that makes it difficult to sue police, even if one's constitutional rights are violated.The doctrine protects officers who can defend their actions because they didn't know their conduct was unconstitutional. That's because it wasn't “clearly established” in a prior court ruling.In practice, courts have dismissed civil rights lawsuits because there wasn't a previous case in the same location with the same circumstances. So, there's also no precedent for future cases. That's why the doctrine is criticized as a "catch 22."“That kind of ‘does this officer get the benefit of the doubt?’ type of inquiry gives judges just lots of room based on their interpretation, their view of whether this seems like a bad case or not, and it means that the judge is taking cases away from the jury based on their own views of the facts,” said Brandon Garrett, professor of law at Duke University.“The way to truly understand it is to look at in the context, as a lot of people are suddenly looking at it when police uses force, and particularly when it's deadly force,” said Aderson Francois, professor of law at Georgetown UniversityThe officers involved in a wrongful death lawsuit in Washington D.C. are expected to claim qualified immunity. In 2018, Marqueese Alston was shot and killed by police while running away. The court will only look at it from the perspective of police and if they reasonably feared for their lives.“What the court will not do is to ask did my client, a 22-year-old black man in DC have a reasonable fear for the police that caused him to run away in the first place,” said Francois.It's important to point out that officers do not personally foot the bill in these cases.“It's about the municipality, the county, the city,” said Garrett. “They're the ones who are paying. They're the ones who should be held accountable. After all, if this officer was poorly trained or didn't have the right support from colleagues, it's not the officer's fault necessarily.”Qualified immunity makes it so the constitutional issue is never addressed. Even if the doctrine disappears, it's still difficult to win a constitutional claim. 2335
NEW YORK (AP) — The U.S. has surpassed 1 million new confirmed coronavirus cases in just the first 10 days of November, with more than 100,000 cases each day becoming the norm in a surge that shows no signs of slowing. The latest surge in U.S. coronavirus cases appears to be much larger than the two previous ones, and it is all but certain to get worse. Deaths are climbing again, reaching an average of more than 930 a day. However, experts say medical and testing advances give them reason to believe the nation is better able to deal with the virus this time. On Monday, the number of coronavirus cases in the US passed 10 million since the start of the pandemic.Despite a rise in recorded cases, the University of Washington's IHME model projects up to 2,000 coronavirus-related deaths per day by the end of December. During the height of the pandemic in April, the US roughly averaged 2,000 coronavirus-related deaths per day. 942
NEW YORK, N.Y. — A man was fatally shot by police after shots rang out at the end of a Christmas choral concert on the steps of a Manhattan cathedral on Sunday, officials said. The shooting happened just before 4 p.m. at the Cathedral Church of Saint John the Divine, mother church of the Episcopal Diocese of New York and seat of its bishop. 350
New York, New Jersey and Connecticut are imposing a 14-day quarantine on incoming travelers from states with a high transmission rate of the coronavirus."We worked really hard to get the viral transmission rate down, and we don't want to see it go up," New York Gov. Andrew Cuomo said. "So we are jointly instituting that travel advisory today."The travel advisory will apply to states with two criteria: States that have an infection rate above 10 cases per 100,000 people and states where 10% of the total population test positive. Both criteria are measured on a seven-day rolling average.As of Wednesday, the states that the travel advisory applies to include Alabama, Arizona, Arkansas, Florida, North Carolina, South Carolina, Washington, Utah and Texas.This story was originally published by Lauren Cook and Mark Sundstrom on WPIX. 846
NEW YORK (AP) — Mall owners Simon Property Group and Brookfield Property Partners are close to a deal to buy department store chain, J.C. Penney, out of bankruptcy and keep the chain running. Penney's lawyer Josh Sussberg announced the tentative pact, which will save roughly 70,000 jobs, during a brief hearing in bankruptcy court Wednesday. More than 600 stores are expected to be saved, USA Today reported.According to the Wall Street Journal, Simon and Brookfield will own about 490 locations and a group of lenders will own 160 stores.Sussberg noted that a letter of intent including details of the pact will be filed with the bankruptcy court the next day. The 118-year-old department store based in Plano, Texas, filed for bankruptcy protection in mid-May, one of the biggest retailers to do so since the pandemic temporarily shut down non-essential stores around the country. 891
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