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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 CITY — Protests erupted in the Borough Park neighborhood of Brooklyn’s for a second night Wednesday over New York Gov. Andrew Cuomo's new restrictions on schools, businesses and houses of worship in the New York City "cluster zones" that are seeing an uptick in coronavirus cases.Some residents in those "cluster zones" have said the state is unfairly targeting Orthodox Jewish communities as it tries to stamp out hot spots before they spread.Cuomo and New York City Mayor Bill de Blasio have insisted the new restrictions are based solely on science and data around coronavirus-case clusters.Demonstrations turned violent Wednesday night when a journalist was allegedly attacked by a group of protesters he said surrounded him and kicked and hit him.Jacob Kornbluh, who identified himself as a reporter for jewishinsider.com, said hundreds of community members attacked him, calling him a "nazi" and "Hitler." 928

New audio of conversations between Jared Kushner and Bob Woodward reveal plans to keep the President - not doctors - in charge of the Covid-19 national response."It just underscores the Trump-Kushner political strategy. They had one concern: Election Day," says @JamieGangel. pic.twitter.com/zfNNTSMibE— CNN Newsroom (@CNNnewsroom) October 28, 2020 356

NEW YORK — Shake Shack employees have been cleared of any criminality after three police officers were sickened by drinks from a Lower Manhattan location Monday night, according to the NYPD."After a thorough investigation by the NYPD's Manhattan South investigators, it has been determined that there was no criminality by Shake Shack's employees," NYPD Chief of Detectives Rodney Harrison tweeted just after 4 a.m. Tuesday.According to police sources, it appeared a machine at the chain's Fulton Center location was improperly cleaned, resulting in the residue of a cleaning agent or bleach remaining inside when it was used to make beverages for the police officers.The investigation came after three Bronx officers, assigned to a protest detail in Lower Manhattan, became ill after drinking beverages from the restaurant.PBA President Pat Lynch said the police officers were hospitalized but were expected to be okay.The Detectives' Endowment Association initially claimed on Twitter Monday night that officers were "intentionally poisoned" by workers at the Shake Shack location, a claim the NYPD did not corroborate early Tuesday. 1143

New York, Connecticut and New Jersey asked Wednesday for travelers from states with high coronavirus infection rates to go into quarantine for 14 days in a bid to preserve hard-fought gains as caseloads rise elsewhere in the country.“We now have to make sure the rates continue to drop,” New York Gov. Andrew Cuomo said Wednesday at a briefing in New York City, joined via video by Govs. Phil Murphy of New Jersey and Ned Lamont of Connecticut, both fellow Democrats. “We also have to make sure the virus doesn’t come on a plane again.”What was presented as a “travel advisory” that starts Thursday affects three adjacent Northeastern states that managed to check the spread of the virus this spring as New York City became a hot spot for the pandemic.Travelers from more than a half-dozen states, including Florida and Texas, are currently impacted. The quarantine will last two weeks from the time of last contact within the identified state.The announcement comes as summer travel to the states’ beaches, parks and other attractions — not to mention New York City — would normally swing into high gear.It also marks a flip-flop in the COVID-19 battle since March, when Florida Gov. Ron DeSantis and Texas Gov. Greg Abbott, both Republicans, separately issued orders requiring people flying in from the New York tri-state area, where cases were surging, to quarantine for 14 days.Now, Florida and Texas are among the struggling states being eyed warily by the three northern governors.“As Governor DeSantis said on Saturday, Governors have a prerogative to do what they need to do,” press secretary Cody McCloud said. “He just asks that Floridians not be quarantined in the nursing homes in New York.”Murphy called a quarantine the smart thing.“We have taken our people, the three of us, these three states, to hell and back,” Murphy said. “The last thing we need to do right now is subject our folks to another round.”The states will relay the quarantine message on highways, at airports, and through websites and social media. Lamont signed an executive order on Wednesday evening requiring such messages be posted at all major points of entry into the state and at the state’s airports. He said the governors plan to also ask hotels and vacation rental companies to tell guests from affected states.Lamont’s order also allows the state’s public health commissioner to make exceptions for essential workers and for “other extraordinary circumstances” when a quarantine is not possible.Enforcement will vary by state. The Cuomo administration said violators in New York will be subject to mandatory quarantine and face fines from ,000 to ,000. Violators could be discovered at business meetings or during a traffic stop, he said.It was not clear what, if any, penalties violators in New Jersey and Connecticut will face.Lamont described the quarantine as “urgent guidance.” Murphy called it a “strong advisory ... to do the right thing.”The quarantine applies to people coming from states with a positive test rate higher than 10 per 100,000 residents on a seven-day average, or with a 10% or higher positivity rate over seven days.As of Wednesday, states over the threshold were Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Washington, Utah and Texas, Cuomo said.Washington Gov. Jay Inslee said later Wednesday that his state was erroneously included on the list.A spokeswoman for Cuomo, Caitlin Girouard, said there had been an initial discrepancy with Washington’s reporting, but “they have since corrected it and we have removed them from the list of states under travel advisory.”The order appears to apply to President Donald Trump, who was in Arizona on Tuesday and is slated to go to Bedminster, New Jersey, this weekend.White House spokesman Judd Deere said in an email Wednesday that standard procedures were in place in Arizona to ensure the president did not come into contact with anyone who was symptomatic or had not been tested.“It could come back and we can have a second wave arriving by jet airplane a second time,” Lamont said. “And right now, they wouldn’t necessarily be coming from China. They could be coming from one of six or seven or eight states that have a very high positivity rate.”___Contributing to this report were Associated Press writers Marina Villeneuve in Albany, N.Y.; Susan Haigh in Hartford, Connecticut; and Mike Catalini in Trenton, N.J. 4421