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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

OTAY MESA, Calif. (KGTV) - Eight border wall prototypes constructed in South San Diego County are in the process of being dismantled Wednesday, according to Customs and Border Protection officials. "At this point, we have learned a lot from them, but we don't necessarily have a purpose or use for them anymore, and we will be bringing them down," a CBP official told CNN. RELATED: EXCLUSIVE: Candidate describes border wall prototype “Those are not things that the [congressional] language necessarily precludes and they're items that we have been able to add to our tool kit," added the official. The prototypes, which stand 30 feet tall, are in the path of the secondary border fence project, a Border Patrol source told 10News. The Department of Homeland Security hired companies to build the prototypes, which were finished in October 2017. Over two months, Customs and Border Protection officials tested the walls using power tools, hand tools, and other methods. The CBP evaluated the prototypes to determine if anyone could get through by climbing or digging. RELATED: Photos: A look at the border wall prototypes Some reports have suggested the prototypes didn't do well in tests conducted by breaching experts, though the results haven't been made public, CNN reported. None of the companies that built the prototypes are currently building portions of the wall on the southern border, according to a CBP official.CNN contributed to this report. 1463

Pink ice is causing the scientific community some concern. The Presena Glacier in northern Italy appears pink because of algae on it, which scientists say could speed up melting of the ice.The Presena Glacier is in the Alps, just south of Italy’s border with Switzerland. While there is debate about where the algae came from, Biagio Di Mauro of Italy’s National Research Council told The Guardian the pink snow observed on parts of the Presena glacier is likely caused by the same plant found in Greenland. 515

PHOENIX (AP) — An Arizona family is searching for a U.S. Marine who left for Camp Pendleton on Monday but never arrived at the base outside San Diego.Stacy Wallace says her 20-year-old son, Job (JOHB) Wallace, loves the Marines, was recently promoted and was excited to get back to Pendleton after a three-day leave.She says he was last seen leaving a friend's house in Surprise, Arizona around 9 p.m. Monday.A Surprise police spokesman says officers took a report and have turned the matter over to the Naval Criminal Investigative Service. NCIS officials did not immediately respond to questions from the Associated Press.Stacy Wallace says her son's phone was last pinged Monday night in Arizona, but a Border Patrol camera spotted his truck the next morning southeast of El Paso, Texas. 798

PARKER, Colo. – The Douglas County (Colorado) Sheriff’s Office is investigating the death of an infant that occurred at an unlicensed daycare facility in Parker.The infant was pronounced deceased Wednesday at Sky Ridge Medical Center.“We do have an open death investigation of an infant at 14166 Lexington drive in Parker. The status of the daycare facility is something that we will be looking at during the investigation,” read a statement from the Douglas County Sheriff’s Office.Madlynn Ruble with the Colorado Department of Human Services said the state was aware of an unlicensed and illegal childcare service being operated out of the home after a complaint was filed.The department served a cease and desist order to Amanda Anderson, who is alleged to have been running the daycare service. It’s unclear if any charges were filed.In the complaint, police noted that there were 16 children in the home at the time of incident -- most of the children were toddlers.The coroner’s office has legally identified the infant and an autopsy has been completed. However, that information is being withheld at this time.This article was written by Robert Garrison for KMGH. 1179