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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

PEORIA, AZ — An Arizona man and woman have been arrested after their three-year-old child died of an apparent fentanyl overdose.According to court paperwork, a three-year-old child was found dead on June 14 inside a Peoria, Arizona, home by the child’s mother.Police say Shala Durham and Ryan Konkol were interviewed by detectives after they responded to the home, and weren’t able to give a clear, consistent account of what transpired before the child was found dead.Court paperwork shows that Durham told officers she had recently purchased Xanax from a street drug dealer, and that she was also under medical treatment of Methadone.Durham allegedly told police that she had taken one-and-a-half pills and left the others in her purse on a table before falling asleep with the child on a living room couch. Konkol reportedly fell asleep around the same time on a separate couch. Durham said that when she woke up the next day, the child was deceased.Search warrants were obtained for blood samples of Durham and the child’s father, Ryan Konkol.Results for Durham and Konkol came back positive for fentanyl. A lethal amount of fentanyl was also detected in the victim’s blood.Lab results showed the pills to be Alprazolam, which is a benzodiazepine, used to treat anxiety and as a sleep aid.Both Durham and Konkol face one count of first-degree murder.This article was written by 1390

PHILADELPHIA, Pa. - A family-owned landscaping company has launched a merchandise line after President Donald Trump's legal team used its parking lot for a press conference Saturday.Four Seasons Total Landscape found its way into the spotlight after President Trump tweeted that there was to be a news conference in Philadelphia at 11 a.m. at Four Seasons, according to the New York Times. In what's been deemed an apparent mix-up, Trump's legal team held its press conference at the Four Seasons Total Landscaping instead, per The Times.Now, the landscaping company is capitalizing on its newfound fame by selling stickers that say "Make America Rake Again" and "Lawn and Order."Merchandise is still available on the company's website, including hoodies () and T-shirts ().In a statement issued Saturday, the business said it was "honored" to host the press conference and would have "proudly" hosted either candidate's campaign. 944

PHOENIX (AP) — Tens of thousands of coronavirus test kits that went unused during a 12-day testing blitz in Phoenix's hardest-hit Latino neighborhoods shows a failure to spread the word to a community that’s often distrustful of government. Suspicion over uniformed National Guard members at the testing site and initial requirements to show IDs and pre-register also stopped many Latinos from getting a free test in the national COVID-19 hot spot. Community leaders say officials need to go beyond the obvious translations and press releases when communicating with Hispanic people. That can include promoting events on popular social media accounts or doing live interviews on Spanish radio. 701

PALA MESA, CA (KGTV) -- 10News is now digging deeper in the history of violations issued to the company that operated the bus that was involved in this rainy Saturday's deadly crash on I-15 just south of Pala Mesa. “One life lost is too many,” says Chris Turner with the Commercial Vehicle Safety Alliance. We spoke to him over FaceTime on Monday. The bus was operated by Executive Lines Inc., based in El Monte. According to the federal administration that oversees bus inspections, the company's fleet has had no crashes over the past two years, until now. However, they have had 26 maintenance violations, reportedly. After a November 2019 inspection, the same bus that was involved in this weekend's crash was reportedly issued two violations related to windshield wipers and spare fuses. Turner says violations like those should’ve been fixed right away. “Those need to be remedied before the vehicle is dispatched again,” he adds.10News spoke to attorney Nathan Morris about a separate major bus crash that happened last September in Utah, injuring 22 tourists. He's representing seven of the victims. “[I’m representing] three of those who were killed in the crash and their families as well as four others who were injured to various degrees,” he adds.Morris says bus passengers can look online for a snapshot of a company's safety. “They have a right as passengers of that bus to make sure that the driver and the companies and anybody else are held accountable for keeping the rules,” he says.“You enter the company's USDOT number and it will tell you whether or not they’re a safe company,” says Turner of researching bus companies online. A USDOT number is issued by the Department of Transportation. If you can’t find it on a company’s website, Turner says you can make a phone call. He adds, “One of the things they should readily give you when asked is the USDOT number and if not, that's immediately a red flag. Why won't you provide the number that just lets me check to make sure you're safe?”10News contacted Executive Lines Inc. on Monday to ask if there was anyone who could speak about the crash. The person who answered the phone said “no” before hanging up on the call. If you want to research a bus company's inspection history, click here:https://safer.fmcsa.dot.gov/CompanySnapshot.aspx 2321