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PASADENA, Calif. -- Police are searching for the person they say dropped a basketball-sized boulder from a highway overpass onto a car, killing a pregnant widow’s husband, according to ABC News.The incident happened on Tuesday night in Pasadena, California.Guadalupe Gutierrez said she was driving home with her husband, Christopher Lopez, her mother and 4-year-old daughter when a 35-pound boulder went through the windshield and struck Lopez.Gutierrez took him to the hospital where he later died.The California Highway Patrol said the incident is an intentional act by a “careless person or persons.” 611

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

PARIS (AP) — Oscar winner Olivia de Havilland, best known as the kindly Melanie in “Gone With the Wind,” has died. She was 104.Publicist Lisa Goldberg said the actress died peacefully of natural causes on Sunday at her home in Paris.The doe-eyed brunette was among the last of the great stars from the studio age and was the last surviving major performer from “Gone With the Wind.”The star won the Academy Award for Best Actress in a Leading Role for her role in 1946's “To Each His Own,” and won it again for her work in 1949's “The Heiress.”The sister of actress Joan Fontaine, de Havilland also appeared with Errol Flynn in several movies, including “The Adventures of Robin Hood.” 693

Police have apprehended a suspect in Phoenix after a lengthy pursuit on Tuesday afternoon. According to Phoenix police, the vehicle in the pursuit was part of an armed robbery investigation. At one point during the pursuit, the suspect carjacked a woman in Tolleson, Arizona.Watch chase in video player below.  333

PHOENIX (KNXV/KGTV) - A small plane that crashed on a Phoenix street Monday morning -- killing both passengers  -- was just sold from a pilot in Solana Beach.The victims have been identified as 54 year-old Theodore Rich and 49 year-old Elaine Carpenter. FAA officials said the aircraft involved is a single-engine, home-built Acroduster. The plane went down in the intersection of 7th St. and Deer Valley Dr., near an FBI field office, at around 6:50 a.m. local time.One eyewitness said he saw the plane go down. At first he thought it was aerobatics, but after seeing the plane heading straight for the ground, he knew something was wrong. Video from the scene showed emergency crews working around debris in the roadway near several damaged cars. Police told media on scene the vehicles had substantial damage but no one on the ground was hurt.10News reporter Lauren Davis talked to Avi Maltzman, the Solana Beach man who just sold the plane to Rich this weekend. Maltzman said he flew with Rich for several touch-and-goes and described Rich as an experienced pilot. Maltzman said Rich even called him from Arizona just to let him know he made it home safely. “He impressed me very well with his flight skills. He did good eight or nine landings. He was comfortable and I felt comfortable with him," said Maltzman.Maltzman said the plane was built by professionally in Santa Barbara in 1993. Maltzman bought the plane in 2011 and said it was in great condition. Those who knew Rich said flying was his passion. They said Rich died doing what he loved.    1614

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