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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
Peas and Carrot will both likely be spared of the fate of becoming a Thanksgiving meal by President Trump — but only one will be named "National Thanksgiving Turkey."On Monday, the two South Dakota-grown turkeys have introduced at the Intercontinental Hotel in Washington, D.C.After meeting the President on Tuesday, Peas and Carrot will "retire" to Virginia Tech, where they'll join last year's pardoned turkeys — Drumstick and Wshbone.Last year, the Drumstick beat out Wishbone as the nation's Thanksgiving Turkey, beating out his buddy, Wishbone. President Trump later pardoned both turkeys, which now live in a farm at Virginia Tech in Blacksburg, Virginia.Click here to vote for which turkey you'd like to see be named the "National Thanksgiving Turkey" of the year. 802

People are using a chemical used to calibrate machines to get high that is so powerful it's nearly Narcan resistant.Some dealers are passing off this new drug as fentanyl. But the reality is much worse. It's a hazardous chemical mixed with fentanyl called tetrahydrofuran fentanyl."It's got other opioid effects. Some of these things are 100 or 1,000 times more potent than heroin," said Dr. Michael Miller of Rogers Memorial Hospital in Oconomowoc.The drug is new to Wisconsin, but law enforcement has found it in Florida and Georgia. Last week, a Pennsylvania man, Jeremy Achey, 43, was sentenced to life in prison for supplying tetrahydrofuran fentanyl.According to federal court records, a man overdosed and his fiancee died when they bought it from him over the internet. Prosecutors say the seller told customers, "It is best if you snort it, shoot it, or smoke it."Miller said most addicts do not even know they are taking this synthetic fentanyl."Most people who are exposed to synthetic fentanyls are not using them intentionally. They are not desiring to use them because they understand that the potency is so high it could be lethal," Miller said.Achey is believed to have mailed thousands of packages containing the drug to customers throughout the United States. In order to survive it, Miller warned you would need a large dose of Narcan."It's the fentanyl part that is really fatal because it shuts down your breathing and you die instantly," said Miller. "You use as much opioid reversal agent as you possibly can, you support them, you put them on a ventilator." The Milwaukee County Medical Examiner's office could not say where the person who died in Milwaukee got the tetrahydrofuran fentanyl. But they warn if one person has it likely others do as well. 1808
PINELLAS COUNTY, Fla — CVS has pulled all powdered Enfamil baby formula off its shelves as its pharmacy department does an internal review. The move comes after a Florida mother shared her story about what she found inside a tub of formula with Scripps station WFTS in Tampa.Alison Denning says her package of Enfamil baby formula was tampered with before she opened the package."When I opened it up, this seal that wraps around was opened,” she said. RELATED: Mom says baby formula bought at nearby CVS was replaced with flourDenning says the package looked fine on the outside and even had the protective seal intact on the lid, which is why she didn’t think twice about buying it. But when she got it home, she knew what she found inside was not baby formula. She sent the product back to the manufacturer for lab testing. She says Enfamil has been extremely friendly and helpful.Enfamil said Denning's is an “isolated incident” and haven’t had any other reports of flour for this particular batch of formula. But this isn't the first time baby formula has tampered with — last year, a woman was arrested in Tucson, Arizona after she was found guilty of swapping baby formula with flour at two Walmart stores in the area. One baby was sickened after ingesting the tampered product but is doing OK now, according to the Associated Press.“There is no recall related to this or other Enfamil branded products,” Lynn Kenney said. She's the Head of Corporate Communications, North America for the makers of Enfamil, Reckitt Benckiser. Even still, CVS decided to pull the product."Enfamil powder is temporarily unavailable in our stores due to an internal review being conducted by CVS Pharmacy," CVS said in a statement. "Our store employees can assist customers with finding an alternative product in the meantime. We apologize for any inconvenience.”"I’m very relieved that they’re taking this seriously,” said Denning.Denning got a sample size of Enfamil powdered baby formula from her pediatrician Wednesday."It’s an aluminum pop top,” she said. "Once you break the seal, you’ll know right away if someones been in it.”Denning thinks it's much more tamper-proof than the tubs with bags inside. "Anyone who’s not 100% familiar with formula may have made a really bad mistake,” she said. Enfamil says there is no recall on any of its products but encourages anyone that purchases its products to check the appearance of the package — even differences that may be minor could be meaningful. Anyone thinks their package may have been tampered with can call their hotline at 1-800-BABY123. 2694
Parents often worry about their kids riding the school bus. But waiting for the bus or getting off after school can pose a far greater danger.The risk was highlighted this week, as at least five children lost their lives when they were hit by drivers near school bus stops, authorities said. At least seven other children were hurt in bus stop incidents.Overall, wrecks involving school transportation, including buses, make up a tiny fraction of deadly vehicle incidents -- less than 1 percent of nearly 325,000 fatal crashes in the US from 2006 to 2015, National Highway Traffic Safety Administration data show.But more than one-third of school-age children who died in those school-transportation-related wrecks -- 102 children -- were on foot when they were killed, including some hit by school buses, the data show. Most of the others were riding in vehicles that were not school buses.Nothing suggests the threat to students waiting for rides to school is rising, and safety experts say the school bus is still the safest way for a child to ride to school. 1070
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