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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

Parents and guardians looking to keep kids entertained this summer reportedly helped boost sales of LEGO sets. The company’s second quarter report shows a 14 percent increase in sales during the first half of 2020 over the same time period last year.“During the first half, we saw the benefits of our investments in long-term growth initiatives such as e-commerce and product innovation,” the LEGO Group CEO, Niels B. Christiansen said in a statement.He also thanked employees and colleagues who did “everything they could to stay safe and bring play to children and families around the world.”Despite citing growth in e-commerce, LEGO is planning to open dozens of new stores yet this year.The toy company announced they are still on track to open 120 new stores in 2020, with about 80 of them based in China. They reported 46 stores around the world have already opened this year.Christiansen told the BBC sales of more complicated and larger LEGO sets grew by two and a half times in the first half of the year, possibly as families spent more time at home in lockdown and needed projects to do together.The company’s report also shared the top selling LEGO themes, in no particular order:LEGO TechnicLEGO Speed ChampionsLEGO ClassicLEGO Star WarsLEGO Harry PotterLEGO Disney Princess 1295

PHOENIX, Arizona — A Phoenix-based American Airlines flight attendant was sentenced to five years of probation for taking videos of men and boys using public restrooms. Special Agents with ICE’s Homeland Security Investigations (HSI) say that on December 30, 2017, they detained Gordon Harold Nobriga, 50, as he was trying to leave the country through El Paso, Texas. Officials searched Nobriga's cell phone and found "numerous videos of men and boys using a public restroom." Investigators say the videos appeared they were produced through a 'peephole' in a bathroom stall. When questioned about the videos, Nobriga reportedly told HSI that the videos were produced in a store, but he refused to give the store's location. Since Nobriga is from Phoenix, the phone was sent to the Homeland Security Office in Phoenix where investigators were able to determine that the videos came from a Walmart store in Phoenix. They say surveillance video from the store shows Nobriga entering the bathroom several times over a two-month period and spending hours in the bathroom each time he went in. Investigators were able to identify two victims, a man, and a 14-year-old boy, both who do not know Nobriga. Nobriga was arrested on May 25 at Sky Harbor Airport as he exited a flight. On August 16 of this year, Nobriga pleaded guilty to two counts of attempted voyeurism and was sentenced to five years of supervised probation. Nobriga said he's been a flight attendant with American Airlines for sixteen years. Nobriga allegedly admitted to taking the videos, but he denies any distribution of them. He's was initially charged with 11 counts of voyeurism. American Airlines sent this statement at the time of Nobriga’s arrest: “We take this matter very seriously and have been cooperating with law enforcement throughout their investigation. Since this case is a pending criminal matter, we must refer all questions to Homeland Security Investigations (HSI) and the U.S. Attorney’s Office in Phoenix.” 2070

PHILADELPHIA, Pa. -- When the COVID-19 pandemic first hit, tens of millions of school kids across the country suddenly found themselves going to school at home. Among them was 17-year-old Andya Sharps.“It was kind of rough, my high school year,” she said, “but I'm just excited that it's all over.”It was rough, in part, because in addition to being a high school senior during the pandemic, Andya also has a young son.“We had to learn how to do work at home, instead of being around our teachers for help. So, it was just a little hard,” she said. “Then, [my son’s] out of school on top of that. So, I had to deal with his schoolwork and my schoolwork at home.”Despite the challenges, she’s now graduating from her Philadelphia high school having been student of the month several times and with perfect attendance.“She came to us with her infant and she came with her determination and she just had a drive to finish,” said Lita Byrd, principal of Ombudsman Northwest Accelerated High School.Andya’s accomplishments left her grandmother, Adrienne Pearson, nearly speechless.“As talkative as I am, I’m kind of without words to express it,” Pearson said. “This is just magnificent that she's doing this she's doing this for herself, as well as for her son, and I am so very, very proud of her.”However, Andya had help along the way, too, thanks in part to an immersive curriculum and program for 12,000 at-risk students in U.S. public schools through ChanceLight Ombudsman Educational Services.“You've got to create that environment where, one, that the slate is wiped clean, it's a brand-new day and we're going to find out what you're really strong in,” said ChanceLight CEO Mark Claypool.For them, technology has always been a part of that, which is why they say the pandemic didn’t affect their students’ ability to learn remotely, as much as it did others.As for Andya, she’s heading to college and plans to study pediatric physical therapy.“You can do anything that you put your mind to,” she said, “no matter what.” 2030

Police in Washington, D.C. released body camera video Thursday from the shooting death of 18-year-old Deon Kay.Police said the incident began Wednesday when Kay and his friends brandished firearms on a social media livestream. Officers located where the livestream was taking place, drove to the scene and found the group.Less than 10 seconds after arriving on the scene, Officer Alexander Alvarez fired the fatal shots that killed Kay.According to D.C. Metropolitan Police Chief Peter Newsham, Alvarez was chasing another suspect at the time of the shooting."When he turned around, that's when Deon Kay approached him and displayed a handgun, and in response to that, the officer fired one round," Newsham said. "Unfortunately, Deon Kay lost his life."Alavarez had been with the department for two years prior to the shooting. All officers involved in the shooting were placed on administrative leave, which is department policy.Police also said that Kay threw his gun away prior to being shot. Officers found it 90 feet away from his body."I know that he's validated gang member from the area and I know that he's had multiple touches with the criminal justice system," Newsham saod. "I'm pretty sure Deon Kay fell through multiple safety nets before yesterday afternoon."Washington, D.C. Mayor Muriel Bowser said the release of body cam footage doesn't answer all questions in the case, but added that it's a start."When we purchased these body-worn cameras, we knew that they wouldn't answer all the questions, for any incident, but they would tell us you know in some part what the officer or what the public saw at that time," Bowser said. 1653

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