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There's a renewed push to reform qualified immunity, a legal doctrine that protects police officers, along with some others, from civil lawsuits.In Congress, Sen. Justin Amash of Michigan proposed a bill to eliminate qualified immunity entirely. It has bipartisan support.Understanding why qualified immunity was established could help inform a vision for the future.Imagine a scenario where you're walking down the street and someone clearly violates your rights. The rule of law says they should be held accountable and you'd expect that they would. But can the same be said about police officers who violate a person’s rights?Qualified immunity protects public employees, like police officers, from being held personally liable for knowingly violating someone else’s rights, as long as the officer didn’t break any “clearly-established” laws in the process.Critics argue qualified immunity tilts the scales of justice and makes it hard to hold officers accountable for crimes they admit to committing.The legal path that led to qualified immunity started with the passage of the Civil Rights Act of 1871. Congress declared that every American has the right to sue any public employees who violate their rights.Then, in the late 1960s, a Supreme Court ruling would start morphing the concept into what we know today.It was 1967 when the court granted exceptions to police officers accused of violating rights if they acted in good faith and believed their actions were within the law. Another ruling, in 1982, shifted the burden entirely to the citizen, requiring they prove the officer’s actions broke a “clearly-established” right.That means presenting a case where the Supreme Court found an official guilty of the same “particular conduct” under the same “specific context” as is being alleged. Without it, the officer is protected from liability.The Supreme Court granted one exception for a particularly cruel case in 2002.In June 2020, the Court declined to take up a petition asking it to re-examine qualified immunity. The order was unsigned, and Justice Clarence Thomas was the only one to write a dissent.He wrote the “qualified immunity doctrine appears to stray from the statutory text.”Justice Thomas and Justice Sonia Sotomayor have urged the court to take up the doctrine multiple times in the past. In 2018, Justice Ruth Bader-Ginsburg joined in a dissent authored by Justice Sotomayor. It said that the way the Court previously ruled on qualified immunity had established “an absolute shield for law enforcement officers.” 2550
Three of America's largest grocery chains, Kroger, Walmart and Wegmans, have joined ALDI and Target in issuing a recall for peaches in connection with a nationwide Salmonella outbreak.On Saturday, Prima Wawona expanded a recall of peaches shipped by the company to include those bagged and loose peaches that had been sold across the country.The new recall includes Kroger stores and its affiliates — including Jay-C, King Soopers, City Market. Fry's, Ralphs, Food 4 Less, Foods Co. and Smiths — as well as peaches sold at Walmart and Wegmans.The possibly contaminated fruit was sold between June 1 and Aug. 3Consumers should not eat the peaches. Instead, the CDC says to throw them away, even if some of them were eaten and no one has gotten sick.Once the peaches have been discarded, health officials suggest washing and sanitizing the places where the produce was stored, like countertops, refrigerator drawers and shelves. The CDC also urged restaurants, retailers, suppliers and distributors not to sell or ship the recalled peaches.The FDA also advises that anyone who doesn't remember when they purchased Prima Wawona peaches or those that aren't sure who supplied their peaches should throw away peaches in their fridge out of an abundance of caution.As of August 19, 2020, CDC is reporting a total of 68 Salmonella cases across nine states.The CDC is investigating to find the source of contamination and to identify other retailers that may have sold tainted peaches.Symptoms of Salmonella infection include:Most people infected with Salmonella develop diarrhea, fever, and stomach cramps six hours to six days after being exposed to the bacteria.The illness usually lasts four to seven days, and most people recover without treatment.In some people, the illness may be so severe that the patient needs to be hospitalized. Salmonella infection may spread from the intestines to the bloodstream and then to other places in the body.Children younger than five years, adults 65 years and older, and people with weakened immune systems are more likely to have a severe illness.If you have Salmonella symptoms, talk to your health care provider, write down what you ate in the week before you got sick, and report the illness to your local health department.Click here to learn more about the recalled products. 2324

There are disturbing allegations of abuse in a Livonia, Michigan nursing home, with some of it caught on a hidden camera.The family of the patient is suing; saying the abuse to their elderly father was partially motivated by race.The allegations are hard to hear and even harder to see, a caretaker at Autumnwood telling her then 87-year-old patient to “shut up”, calling him derogatory names, and throwing him in and out of his wheelchair.All of it was caught on a hidden camera over just 2 days - a sliver of the 6 months of alleged abuse.Husein Younes, the then 87-year-old Lebanese man, went to Autumnwood for help to recover from a surgery in May of 2015.The hidden camera was placed after Younes had been complaining for months about the behavior to his family.“I raised concerns with the Autumnwood many times and they assured me everything would be taken care of,” says Husein’s son Salim Younes.“This is one of the most troubling cases I have ever seen. It’s chilling and its literally a horror house and I would wish this on no one,” says the family attorney Jonathan Marko.The lawsuit against autumnwood and its owner claims the abuse was racially motivated.Autumnwood did release a statement that reads:Autumnwood of Livonia takes any allegation of abuse and inappropriate care seriously, and exhaustively investigates such claims to ensure the safety of its residents. Autumnwood’s policy is not to comment on residents in their facility to protect their privacy, and to comply with privacy laws and regulations related to health information. However, now that a family of a former resident at Autumnwood of Livonia, the Younes family, who has filed a lawsuit against Autumnwood of Livonia, made the decision to publicly litigate their lawsuit in the press and make public allegations and information related to the care and condition of Mr. Younes, my client now has the right to make a public statement.In December 2015, the Younes family’s attorney raised concerns to staff of Autumnwood of Livonia about the treatment of Mr. Younes after he had been discharged from the facility. The Younes family’s attorney informed staff that they believed that Mr. Younes had been abused at the facility. Despite requests for additional information, no details were offered. My client immediately conducted an internal investigation, reported the allegations to the state survey agency that regulates nursing homes, and reported the allegations to the local police department consistent with state and federal regulations. My client and the notified governmental agencies, were unable to substantiate the allegations with the information we had at the time.Although the Younes family had in their possession in December 2015 a video that provided information related to the allegations of abuse, the existence of the video itself was not disclosed to my client until May of 2016, when the video was sent to my client along with a demand for payment of monetary damages. The actions depicted in the video are in no way illustrative of the quality care that is provided by the caring staff at Autumnwood on a daily basis. When Autumnwood received this new information and video, another internal investigation was immediately launched, and the new information provided by the Younes’ attorney, five months after the alleged incident, was turned over by Autumnwood to the state survey agency and law enforcement.The employees identified from the video have been terminated, and additional training has been provided to all employees. Autumnwood continues to assist the involved state regulatory and law enforcement agencies with their investigations of the former staff and is committed to continuing to provide quality care to all of the residents and families they have the privilege to serve.As the family has filed a civil complaint and the matter is in litigation, Autumnwood cannot comment any further. 3917
This week marks Lead Poisoning Prevention Week, and according to the Centers for Disease Control and Prevention, 3.6 million Americans face a risk of lead poisoning from lead-based house paint.The CDC says that even low levels of lead in the bloodstream can cause cognitive impairment in children that is irreversible.“As we observe National Lead Poisoning Prevention Week, we urge people to take action,” said Patrick Breysse, PhD, CIH, Director of CDC’s National Center for Environmental Health. “Together, we can eliminate childhood lead poisoning as a public health problem by strengthening blood lead testing, reporting, and surveillance, while linking exposed children to recommended services. CDC is committed to help address this threat and improve health outcomes for our nation’s most vulnerable citizens – our children.”The CDC is encouraging parents to get their children’s lead levels checked by a doctor. The CDC says that the screening is covered for those on Medicaid.While homes older than 42 years old may contain leaded paint, other risks could come from the environment, and exposure to lead-containing products such as antique cookware and leaded crystal glassware.For more information on lead poisoning, click here. 1245
TIJUANA, Mexico. (KGTV) -- Migrants in Tijuana took shelter from the rain Thursday beneath tarps and in tents as shelters remained overcrowded. Photos taken by 10News show makeshift camps where migrants hid in tents while others shielded themselves with tarps as rain drenched the area. Many of the migrants waiting to claim asylum say they’ve lost hope following a clash Sunday in which hundreds of migrants rushed the border in a show of force. PHOTOS: Migrants in Tijuana take shelter from the rainMeanwhile, Mexico’s President-elect Andres Manuel Lopez Obrador’s government signaled earlier this week that it may be willing to house migrants while they apply for U.S. citizenship. Mexico’s new foreign minister is also putting pressure on the Trump administration to contribute to development projects that would help create jobs in Central America. The Associated Press contributed to this report. 911
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