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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

Pāhoa, Hawaii (KGTV) -- Evacuations are in place on the Big Island as lava emissions continue in the Leilani Estates subdivision near Mohala Street. All residents were required to evacuate Thursday night. RELATED: Lava forces evacuations in residential HawaiiOn the 10News Facebook, many San Diegans have commented, concerned about family in the area. Here is information you may find helpful:  427

PINELLAS CO., FLA. — A Pinellas County couple is praising a Good Samaritan who returned 0,000 in jewelry after finding their luggage in the road."He's our Christmas Angel," Dr. Joe Fitzgerald said. "He not only found it. He also called 911 and made sure we got our jewelry back."Joe and his wife Elif Fitzgerald attended an annual Denim and Diamonds charity event for Hands Across the Bay Saturday night. That's why Elif Fitzgerald had expensive pieces of jewelry with her.The Fitzgeralds were one of the sponsors for the event, and they had a lot to pack up at the end of the night. Joe Fitzgerald says he put most of the luggage in the back of his trunk, including his wife's luggage, with the jewelry in it."On my way home the back hatch opened and the bag fell out near West Bay Dr. and Indian Rocks Rd." he said.The Fitzgeralds had no idea the bag was gone, "until I looked at my phone."Elif Fitzgerald said she had dozens of missed calls and text messages telling her someone found their bag and the jewelry in it."I was completely shocked that they returned it," she said. "I have valuable jewelry. It's an amazing feeling knowing there are people out there like that man."The couple is so appreciative to their "Christmas Angel" that they plan to meet up with him and give him a reward.This story was originally published by JJ Burton on WFTS in Tampa, Florida. 1380

Police in Massachusetts shared some friendly advice on Facebook for any crafty criminals: Don't make your own license plates at home.The Hopkinton, Massachusetts Police Department shared a photo of a car they'd recently pulled over that was sporting a rear license plate that was made using cardboard and markers. 326

PARSIPPANY-TROY HILLS, N.J. – The smiling Black chef that’s been on Cream of Wheat packaging for decades is being removed.In a statement obtained by USA Today and The New York Times, B&G Foods said that research indicates the image of the Black man may be based on an actual Chicago chef named Frank White, but it’s being removed because “it reminds some consumers of earlier depictions they find offensive.”The removal comes after the company initiated a review of the packaging in June. At that time, the business wrote that it’s committed to evaluating its packaging and would take steps to ensure it does not inadvertently contribute to racism."B&G Foods unequivocally stands against prejudice and injustice of any kind," wrote the company.It’s not immediately clear when customers can expect the Cream of Wheat packaging to be changed.The Times reports that the character on the box was once named “Rastus,” a pejorative term for Black men, and that he was once depicted as a barely literate cook who didn’t know what vitamins were.Cream of Wheat is the latest of several products which are being redesigned to remove racially insensitive imagery.Earlier this month, it was announced that Uncle Ben’s rice products would be renamed Ben’s Original and the image of Uncle Ben would be removed. In June, Quaker Oats said it would rename and rebrand Aunt Jemima pancake syrup. Additionally, the Mrs. Butterworth brand is being reevaluated.These changes are part of a ripple effect from the Black Lives Matter movement, which picked up steam following the police killings of Black men and women, including George Floyd and Breonna Taylor. 1654

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