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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 — Amazon says nearly 20,000 of its workers have tested positive or been presumed positive for the virus that causes COVID-19.Amazon says in a corporate blog it examined data from March 1 to Sept. 19 for its 1.37 million workers at Amazon and Whole Foods Market.It said it compared COVID-19 case rates to the general population, as reported by Johns Hopkins University for the same period. Based on that analysis, if the rate among Amazon and Whole Foods employees were the same as it is for the general population, it estimated it would have seen 33,952 cases among its workforce.The company says it is conducting thousands of tests a day, which will grow to 50,000 tests a day across 650 sites by November.In their blog, Amazon said they provide paid quarantine for employees identified as coming into close contact with positive cases. They said in March, an average of roughly 3-to-4 employees needed to quarantine for each positive COVID-19 case. "Since then, our enhanced social distancing measures and video-based contact tracing across our sites have reduced that number to a fraction of a person being required to quarantine per confirmed case. This means that our employees are at a very low risk of transmission in the workplace," the company's blog stated. They also called on other major employers to release similar data. "Wide availability of data would allow us to benchmark our progress and share best practices across businesses and industries," Amazon stated, adding that there are no standards for reporting or sharing this data currently. Companies have no legal obligation to publicly reveal how many of their workers have contracted the virus, and few are doing so.However, employers must provide a safe working environment, which means they must alert staff if they might have been exposed to the virus, according to guidelines from the Occupational Safety and Health Administration. They are obligated to keep track of COVID-19 infections contracted on the job, and must report to OSHA if there is a hospitalization or death related to the disease.A state-by-state breakdown from Amazon is here. 2137

NEW YORK (AP) — Lord & Taylor is seeking bankruptcy protection, as is the owner of Men’s Wearhouse and Jos. A. Bank, lengthening the list of major retail chains that have faltered in the COVID-19 pandemic.Household retail names, many longtime anchors in malls nationwide, were already struggling to keep up with a radical reformation in what people buy, and where they buy it. Much of that activity has moved online.Thousands of store closures forced by the arrival of COVID-19 has proved too much.Lord & Taylor, which began as a Manhattan dry goods store in 1824, was sold to the French rental clothing company Le Tote Inc. last year. Both filed for bankruptcy protection, separately, in the Eastern Court of Virginia on Sunday. 745

Northwestern Memorial Hospital near Chicago says it has successfully completed two life-saving double lung transplants on COVID-19 patients — the first known procedures on virus patients in the U.S.The procedures were conducted on a 28-year-old woman and a 62-year-old man earlier this summer.According to a press release from Northwestern Medicine, Mayra Ramirez arrived at the Northwestern Memorial Hospital with COVID-19 symptoms on April 26. Within 10 minutes of arriving at the hospital, Ramirez was placed on a ventilator."From there, everything was a blur," Ramirez said.COVID-19 had "overrun" the paralegal's lungs, according to Dr. Beth Malsin at Northwestern Memorial."For many days, she was the sickest person in our COVID ICU and possibly the entire hospital," she said.Ramirez spent weeks in the COVID-19 ICU at the hospital, a time that she says she doesn't really remember."All I remember was being put to sleep as I was being intubated and then six weeks of complete nightmares," she told CNN. "Some of the nightmares consisted a lot of drowning, and I attribute that to not being able to breathe."By early June, doctors had decided that the virus had done irreversible damage to Ramirez's lungs, and only a transplant would save her life. After an urgent evaluation, she was placed on the transplant list.On June 5, Ramirez went through the life-saving procedure, just 48 hours after being listed on the transplant list.According to The New York Times, doctors are often extremely hesitant to perform lung transplants — patients must be sick enough to require new organs, but also healthy enough to be able to survive the procedure and rehab. As an otherwise healthy 28-year-old woman, Ramirez fit the qualifications.Ramirez was discharged from the hospital on July 8 — 71 days after she arrived at the hospital. She was the first COVID-19 patient in the United States to receive a double lung transplant.“People need to understand that COVID-19 is real. What happened to me can happen to you. So please, wear a mask and wash your hands. If not for you, then do it for others,” Ramirez said.Exactly one month after completing the first procedure, doctors at Northwestern Memorial performed a second double lung transplant on a COVID-19 patient. 62-year-old Brian Kuhns originally arrived at the hospital on March 18 after suffering from a severe cough.Prior to arriving at the hospital, Kuhns thought COVID-19 was "a hoax," according to his wife, Nancy."I assure you; Brian’s tune has now changed. COVID-19 is not a hoax. It almost killed my husband,” Nancy Kuhns said.Kuhns underwent surgery on July 5. According to the hospital, a typical double-lung transplant takes six or seven hours. Kuhns' surgery took 10 hours because COVID-19 resulted in lung necrosis and severe inflammation in the chest cavities.Kuhns was taken off a ventilator a day after the surgery, and the hospital says he continues to recover at an "optimal" pace."If my story can teach you one thing, it’s that COVID-19 isn’t a joke. Please take this seriously," Kuhns said. 3069

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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