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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
Nikolas Cruz massacred 17 people in February at his former high school in Florida. The question now is does he live or die?Broward County prosecutors have said they plan to seek the death penalty despite his attorney's offer of a guilty plea in exchange for a life sentence without the possibility of parole.If prosecutors seek the death penalty, Cruz will join a short list of mass shooting suspects who've faced their victims in court. Of the 10 deadliest shootings in recent US history, Cruz is the only one who was captured alive.Some parents who lost their children at Marjory Stoneman Douglas High School have made their feelings known about a potential death penalty trial."I don't want to go through some lengthy trial that's going to be brutal. I want him to sit in a cell and rot for the rest of his life," said Andrew Pollack, whose 18-year-old daughter, Meadow, was one of the victims."Lethal injection is painless, it's too easy for the psychopath. I don't want it -- I want life."Two other gunmen in recent high-profile attacks have also faced death penalty trials -- with varied outcomes.Last year, white supremacist Dylann Roof was condemned to death for killing nine black churchgoers in South Carolina. Two years prior, a Colorado judge handed a life sentence to James Holmes for the shooting deaths of 12 people at a movie theater.Here's how Cruz's death penalty trial would unfold: 1409
NEW YORK, N.Y. — Monday morning, an ICU nurse became the first person in New York state to receive the first dose of Pfizer's two-dose COVID-19 vaccine. The nurse, who works at Long Island Jewish Medical Center in Queens, received the vaccine during a live stream with Governor Andrew Cuomo. Following the administration of the shot, those in attendance applauded. 372
NORFOLK, Va. (AP) — The U.S. government will try to stop a company's planned salvage mission to retrieve the Titanic's wireless telegraph machine. Federal attorneys are arguing the expedition would break federal law and a pact with Britain to leave the iconic shipwreck undisturbed.In their filing, the agreement with the U.K. says disturbing the Titanic where so many lives were lost should be respected. U.S. attorneys filed a legal challenge before a federal judge in Norfolk, Virginia, late Monday. The expedition is expected to occur by late August. The U.S. government filed its challenge before the same federal judge who ruled last month that the salvage firm could recover the radio. Its distress calls to other ships are credited with saving the lives of some 700 people after the Titanic struck an iceberg in 1912. 833
New research shows women are more optimistic about aging and retirement than ever.Jane Lafave is using retirement to follow her passion. She volunteers at a refugee resettlement agency, making sure people are prepared when applying for jobs.Ironically, it took her leaving her job, to be able to do this.“My whole career really was balancing my children and my husband, you know, my work and all that kind of thing,” Lafave says.Lafave spent decades working as a certified public accountant, and she retired at the age of 57.“It was just time,” she says. “I needed more time and space in my life to do things other than work.That led her to the Ignatian Volunteer Corps, which placed her at the African Community Center.For two days a week, she helps refugees adjust to life in a new country.“This is just a great gift for me to serve other people who have had a much harder life than I’ve had,” Lafave says.Lafave isn't alone.A new survey from TD Ameritrade found women are increasingly viewing their retirement years with optimism.“The Women and Aging Survey” found 62 percent of women said retirement will be, "the most liberating phase of my life," and 72 percent said after years of focusing on others, aging finally gives them an, "opportunity to focus on myself." Eighty-three percent said aging provides a fresh chance to "reach new goals."Nearly 9 of 10 women surveyed said, 'it's important to me to retain a sense of higher purpose as I age.“I feel that this is my time in life to give back,” Lafave says.That's what she is doing here.“I think that's one of the gifts of age is that we've become much more aware of purpose and the time is short and we need to use it.” 1686