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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

Parts of an operation linked to Russian military intelligence targeting the US Senate and conservative think tanks were thwarted last week, Microsoft announced early Tuesday.The company said it executed a court order giving it control of six websites created by a group known as Fancy Bear. The group was behind the 2016 hack of the Democratic National Committee and directed by the GRU, the Russian military intelligence unit, according to cybersecurity firms.The websites could have been used to launch cyberattacks on candidates and other political groups ahead of November's elections, the company said.Among the websites a judge in the Eastern District of Virginia granted Microsoft control of were those with domain names designed to resemble sites used by congressional staff. They include "senate.group," and "adfs-senate.email."Other domains were designed to look like they were related to the Hudson Institute, a conservative think tank, and the International Republican Institute, whose board includes six serving senators, former Massachusetts Gov. Mitt Romney and Gen. H.R. McMaster.Microsoft said the domains were "associated with the Russian government and known as Strontium, or alternatively Fancy Bear or APT28." The company said it has no evidence that the domains were used in successful attacks but that it was working with the potential target organizations.Microsoft argued in court that the domains were posing as some of its company's services.Hackers could have used the domains to send emails to Senate staffers or people working for the Hudson Institute or the International Republican Institute in an attempt to trick them into handing over information, like their passwords.This form of attack, known as spearphishing, was successfully used to target Hillary Clinton's campaign chairman John Podesta in 2016.Missouri Democratic Sen. Claire McCaskill's staff was similarly targeted by a Russian group last year. McCaskill says the attempt was unsuccessful."Attackers want their attacks to look as realistic as possible and they therefore create websites and URLs that look like sites their targeted victims would expect to receive email from or visit," Microsoft President Brad Smith said in a blog posted to the company's website on Monday night.The news comes less than a week after it emerged that two Democratic congressional primary candidates were hacked earlier this year.The campaigns of Dr. Hans Keirstead and David Min, both of whom lost in California's June primaries, were breached, but the groups responsible for the attacks have not been made public and may not be known.Microsoft said Monday that, in light of the ongoing threats to political groups in the US, it was launching a specialized cybersecurity protection service called AccountGuard.The company says it will offer the service to all candidates and campaign officials, as well as think tanks and political organizations that use Microsoft Office 365, at no additional cost.The initiative is part of Microsoft's Defending Democracy Program, which it launched in April. The company said it plans to roll out AccountGuard in other parts of the world. 3160

PANAMA CITY, Fla. — A father and daughter were arrested on Tuesday in Panama City, Florida on charges of incest.Panama City Police arrested 39-year-old Justin Bunn and 19-year-old Taylor Bunn just before 11 a.m. on Tuesday.According to arrest records, the father and daughter were seen having sex in their backyard on Wakulla Avenue on February 18.On Tuesday, investigators say that both Justin and Taylor admitted to having consensual sex, arrest records state.Both were arrested and charged with incest. Justin's bond was set at ,000 and Taylor's bond was set at ,000. During a court appearance on Wednesday, a judge ordered that the father and daughter may not have any contact with each other. 729

OTAY MESA, Calif. (KGTV) - A 72-year-old man died Friday night after being struck by a semi-truck trailer. San Diego police say the man had pulled off the 905 freeway at La Media Dr. to fix a broken spark plug on his 1980 Honda motorcycle. He was working on the bike when the big rig exited the 905 onto La Media heading east. The driver missed the motorcyclist with the cab but clipped him with the back tires of the trailer, dragging the body for several feet according to investigators. The man was rushed to the hospital where he was pronounced dead. The driver of the semi-truck stopped at the scene and is cooperating with authorities. Police say he could face a misdemeanor charge of involuntary manslaughter. 744

OXON HILL, Md. -- For sisters Nikki Howard and Jaqi Wright, life comes down to a handful of ingredients.”Love, peace and cheesecake,” Wright said.It’s cheesecake that started them off on a new journey, while the two were furloughed during the federal government shutdown two years ago.“We went through the holidays just praying that it would let up,” Wright said. “And it didn't.”“So, for New Year's Eve service, I made sweet potato cheesecakes,” Howard said.Wright continued, “She gave them to me put it in the fridge. I had no idea, until I asked, ‘Who made those?’ And she said, ‘me.’”Howard said her mother and Wright began eating some of it, before her mom declared, “she said, ‘it's so good you can sell it,’ and light bulbs went off.”That is how their small business, called “The Furlough Cheesecake,” came to be. At first, they started by simply selling them online, but it quickly snowballed from there, right into area Walmart stores.“I had no idea that that one cheesecake would change everything,” Wright said.Now, they’re going a step further. At National Harbor near Washington, D.C. they just opened their first physical storefront.“So, we started our business during a furlough and we opened a store during a pandemic,” Wright said. “It makes us sound crazy, honestly, but it just happened this way.”They are fortunate. The pandemic is hitting many small businesses hard and Black-owned businesses especially so. According to data from the U.S. Census, compiled by economists at the University of California - Santa Cruz, between February and April, the number of African-American owned businesses dropped by 41%. Economists now estimate half of all African-American owned businesses may never reopen from their COVID-19 closures.At The Furlough Cheesecake, they know timing is everything.“We just took a leap of faith,” Wright said.Faith that has guided them through two – separate – tough economic times.“There's so many people out there struggling and suffering,” Howard said, “and being a minority-owned business, you know, we feel a responsibility to shed a good light on our community.”It’s all just one part of their unusual recipe for success. 2175

来源：资阳报