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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, N.Y. – It’s been nearly a year since the death of Elijah McClain in Colorado, but as people across the U.S. learn of his case, more are calling for justice.In New York City, a beautiful vigil was held on Monday to honor the life of the 23-year-old man, who played violin.A crowd of musicians with string instruments gathered in Washington Square Park to play a variety of songs, like “Amazing Grace” and “We Shall Overcome.”In videos shot by Yuxi Liu, spectators with candles can be seen crowding the Washington Square Arch, where the musicians were playing.Liu says the vigil wasn’t organized like a formal event, but that’s part of what made it so special. He says there was no rehearsal and you can even see people running up late in his video.“However, that’s exact the reason why it’s beautiful,” said Liu. “People showed up only because people care. Me and bunch of other photographers showed up because we want to help document the moment.”Elijah McClain caseThere’s been renewed interest in the Elijah McClain case after nationwide protests put a spotlight on past instances of police use of force across the country.McClain died on Aug. 24, 2019, shortly after being arrested by officers with the Aurora Police Department.KMGH reports that McClain was walking home after purchasing iced tea at a convenience store when a bystander called 911 to report “a suspicious man wearing a ski mask and waving his arms.” Family says McClain wore the mask because he was anemic and got cold easily.When officers tracked McClain down, police say he began “resisting.” Body camera footage shows officers grab McClain almost immediately after attempting to stop him.As police struggled to detain McClain, an officer placed him in a "carotid hold" — a maneuver designed to limit blood flow to the brain. When McClain became unresponsive, paramedics administered a shot of ketamine "due to the level of physical force applied while restraining the subject and his agitated mental state."Police insist that paramedics were the ones who chose to administer ketamine. Paramedics say the procedure is common in the area.McClain later suffered a heart attack and died six days later.Now, the Colorado Attorney General’s Office is investigating whether criminal charges are warranted against anyone involved in McClain’s death.Click here for more on the McClain case. 2372

NEW YORK CITY — The state of New York has reconsidered a controversial new restaurant rule that would have prohibited customers at New York City eateries from using restrooms while indoor dining is suspended, according to Mayor Bill de Blasio's office.De Blasio's Press Secretary, Avery Cohen, tweeted the update after overnight backlash against the new rule."After discussions with the State, they have agreed to change the rule around bathroom access," Cohen wrote. "(You can use the bathroom.)" she wrote in a follow-up tweet.The now-defunct restriction was just one part of a new set of outdoor-dining guidelines issued by the city late Thursday night.Despite being put out by the city, de Blasio Press Secretary Bill Neidhardt clarified Friday that the new rules were set by the state, not City Hall. 813

Nissan is preparing to oust its chairman, Carlos Ghosn, after announcing the discovery of "significant acts of misconduct" over many years by him and another top executive."Nissan has been providing information to the Japanese Public Prosecutors Office and has been fully cooperating with their investigation," the Japanese carmaker said in a statement. "We will continue to do so."It said an investigation found that Ghosn and another board member had been under-reporting Ghosn's compensation."Numerous other significant acts of misconduct have been uncovered, such as personal use of company assets," Nissan (NSANY) added.CEO Hiroto Saikawa will propose to Nissan's board of directors to "promptly remove Ghosn from his positions as chairman and representative director," the company said.Shares in French automaker Renault (RNSDF), of which Ghosn is CEO, plunged as much as 13% in Paris. Nissan's announcement came after the close of trading in its shares in Tokyo. 977

Noah, a 12-year-old from Illinois, won second place in the kids' division in the USA Mullet Championships for his freedom flapper mullet. 145