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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 ORLEANS (AP) — Residents are fleeing coastal areas in Louisiana as the state braces for a possible hit from consecutive hurricanes. Louisiana Gov. John Bel Edwards says the fear is the state could see a heavy storm surge from Hurricane Marco, now in the Gulf of Mexico, and a second strike from Tropical Storm Laura before water from the first storm recedes. Laura is now lashing islands in the Caribbean and could grow into a powerful hurricane. The governor says "we've not seen this before." As the storms approached, homeowners and tourists were leaving the barrier island of Grand Isle, south of New Orleans. 625
NEW YORK CITY — In what New York City's mayor is calling a "Christmas miracle," an NYPD officer is conscious and communicating after he was shot in the back in Brooklyn while responding to a 911 call for a domestic dispute, police said.The incident occurred in the Crown Heights neighborhood of Brooklyn on Thursday night.Police said the alleged shooter has been arrested and the gun was recovered. A bulletproof vest protected the 27-year-old officer, who was rushed to a local hospital after being shot near Prospect Place and Ralph Avenue. It went into the vest, but didn't penetrate the officer's skin, NYPD Commissioner Dermot Shea said.The shooter allegedly threatened his girlfriend, New York City Mayor Bill de Blasio said.The girlfriend's mother repeatedly called 911, begging for police to come, Shea said. She said the boyfriend had threatened to shoot the home up. As officers on the scene interviewed the daughter, her boyfriend arrived.He shot an officer and then ran, Shea said. Other officers pursued and arrested him a few blocks away. Body camera video shows officers repeatedly tell the shooter to drop his gun. He put it down on the sidewalk and was taken into custody."Because the NYPD was there, that woman is alive right now," de Blasio said. "Because our officer put himself in harm's way, an innocent woman is alive."The officer’s precise condition wasn’t immediately clear, but police officials said the officer was awake and responsive and has since been released from the hospital.De Blasio and Shea spoke to the officer's parents."They felt that this was a Christmas miracle that their son was alive and well," de Blasio said.The NYPD asked people to avoid the area. People were advised to expect a police presence in the area."It's Christmas Eve. This is a time when you would expect peace, you would expect harmony," de Blasio said.This story was originally published by Aliza Chasan on WPIX in New York City. 1948
NEW YORK (AP) — The nominees for the 63rd annual Grammy Awards were announced during a live stream held Tuesday by the Recording Academy's interim president and CEO Harvey Mason Jr. and other celebrity guests.Beyoncé led the nominees with nine nominations including record of the year and song of the year.Fellow artists Roddy Ricch, Dua Lipa, and Taylor Swift snagged six nominations apiece.WATCH: 406
NEW YOR CITY — A massive sinkhole swallowed an SUV in the Maspeth neighborhood of Queens on Thursday.Police said a Toyota SUV was discovered with the front end of the car in the sinkhole early Thanksgiving morning on 70th Street near 52nd Avenue.Councilman Robert Holden shared photos of the shocking scene on Twitter.Police said no one was inside the SUV at the time. It's unclear if the sinkhole caused damage to any other property. 442