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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
Pfizer announced Monday that its COVID-19 vaccine candidate has been 90% effective.In a press release, the company said that in Phase 3 trials, the vaccine has proven to promote a vaccine efficacy rate above 90% following the two-shot regimen.The Associated Press said that while Pfizer's announcement means the company is on track to file an application for emergency use authorization later this month, it does not mean a vaccine is "imminent" and more studies are needed.Pfizer's vaccine candidate began Phase 3 testing in the summer and is among a handful of vaccine candidates that could be distributed in the coming months pending FDA approval.Phase 3 trials consist of testing about 30,000 voluntary participants in a double-blind study — meaning half of those participating receive the vaccine, and half receive a placebo. Pfizer's vaccine requires two shots, which need to be taken 28 days apart.According to Pfizer, 90% of those who were tested for the vaccine had developed protection against the virus seven days following the second shot.Pfizer is already in the process of producing millions of doses of its vaccine candidate after the U.S. government agreed to pay .95 billion for 100 million doses of the vaccine, should it prove effective. If and when the FDA grants approval for the vaccine, it will be distributed to hospitals around the country by the U.S. military in an effort the Trump administration has dubbed "Operation Warp Speed.Even though hundreds of thousands of doses of the Pfizer vaccine will be ready for shipment if it is approved for emergency use, it will need to be rationed in the first months of its availability. According to a playbook for "Operation Warp Speed," essential health care workers and people in high-risk populations would have the first opportunity to get a COVID-19 vaccine. The rest of the general public will be able to get the vaccine as more doses become available later in 2021.Pfizer was one of a handful of companies that pledged in September not to distribute their vaccine under political pressure, and would only do so if it proved to be effective in large scale trials.Monday's announcement sent stock market futures through the roof, as investors eyed a return to economic normalcy should Pfizer's vaccine be given emergency approval in the coming days or weeks.President Donald Trump also celebrated the announcement in a tweet on Monday morning."STOCK MARKET UP BIG, VACCINE COMING SOON. REPORT 90% EFFECTIVE. SUCH GREAT NEWS!" Trump tweeted. 2524

PALA MESA, Calif. (KGTV) -- The third woman who died in a Saturday morning bus crash in Pala Mesa has been identified as 23-year-old Cinthya Karely Rodriguez Banda. The San Diego County Medical Examiner says Banda died after being ejected from the bus. She was from Mexico. Monday, the two other women who died in the crash were identified. Maria De La Luz Diaz, 67 of Riverside, and Julia Perez Cornejo, 73 of Pasadena, were pronounced dead at the scene, according to information from the California Highway Patrol and the San Diego County Medical Examiner's Office.RELATED: Charter bus had a history of maintenance violationsThe women were among 21 passengers in a charter bus traveling from El Monte to Tijuana that crashed on rain-slicked southbound 15 near State Route 76 around 10:25 a.m. Saturday. A total of 11 of the passengers suffered major injuries, including a 5-year-old boy who was airlifted to a Riverside County hospital. CHP said Monday night that the boy was in stable condition and is expected to recover. RELATED: Digging deeper into bus company's history of violations"The California Highway Patrol, and Oceanside Area continue to keep him in our thoughts, and wish him continued and speedy recovery," CHP told 10News in a statement. 1263
Pepsi is releasing an apple pie-flavored soda as we near the holiday season, but it's only available if you enter a sweepstake.The new limited-time-only soda: PepsiCo designed Pepsi Apple Pie to taste like "warm cinnamon, buttery crust, and fresh apple."And to mark the special occasion of its release, the drink company will give away the limited-time-only drink to 1,500 fans in its #PepsiApplePieChallenge sweepstakes.To receive a free bottle of Pepsi Apple Pie, fans will have to post a photo or video of their best baking fail using the hashtag #PepsiApplePieChallenge on Twitter and TikTok.The contest ends on Dec. 7. 631
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
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