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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

Pennsylvania has emerged as a hotspot for online misinformation on Election Day, with Facebook and Twitter trying to quickly take down false posts about voting in the state so they don’t confuse voters or stoke doubts about the integrity of the election. Misleading claims have spread for hours on social media about polling machine outages in Scranton and a poll worker destroying ballots cast for President Donald Trump. Misinformation experts say misleading videos, posts and photos from the battleground state are lighting up social media. 551

Police surrounded a Panera Bread near the Princeton University camps after a gunman was reported to be inside. According to New Jersey Attorney General's office, police shot the gunman dead. According to the Princeton University alert page, two campus buildings near the restaurant were evacuated as a precaution. Classes are currently not in session, as Princeton is on its spring break.The standoff continued from the lunch hour into the late afternoon. The identity of the deceased man is being withheld pending notification of family members. No further details of the shooting are being released at this time due to the ongoing investigation. 675

Pala Mesa, CA (KGTV) -- We are learning more about the bus company involved in Saturday's fatal crash along Interstate 15. An Executive Lines charter bus flipped over, killing three and sending nearly 20 people, including a 5-year-old boy, to the hospital. Federal records show Executive Lines has been cited for several maintenance issues in the last two years. 10News looked into Executive Lines, a company out of El Monte in Los Angeles County. They specialize in charters from Los Angeles to San Ysidro, with many of their passengers heading to Tijuana International Airport. Saturday's charter bus, carrying 21 passengers plus the driver, was headed toward San Ysidro before it crashed on I-15 near Pala Mesa. "The vehicle lost control, veered to the right, obviously traversed this shoulder, and eventually overturned," Officer Mark Latulippe of the Oceanside California Highway Patrol [CHP] said. Witnesses said several passengers were ejected from the bus. CHP confirmed that likely none of them were wearing their required seatbelts. Three of them were pronounced dead on the scene, and nearly 20 were transported to various hospitals. According to the Federal Motor Carrier Safety Administration [FMCSA], in the last two years, none of the Executive Lines buses were involved in crashes. But out of 19 vehicle inspections for their seven-vehicle fleet, 13 of the checks came back with a total of 26 vehicle maintenance violations. That puts them in the 48th percentile, meaning nearly half of all bus companies have better on-road performance than Executive Lines. 10News also looked into the inspection history of the exact Charter bus that crashed Saturday. We found that after a November 5, 2019 inspection, this very bus was cited with two Federal maintenance violations:93.78 393.78 No Windshield Wipers Inoperative/Defective 393.95B 393.95(b) No No Spare Fuses As RequiredIt is unclear if the company fixed the violations before Saturday's crash. But it is worth mentioning that roads were slick at the time of the accident because of the rain. Executive Lines did not respond to our request for comment. 2129

Papa John won't leave Papa John's alone.The company has tried hard to distance itself from founder John Schnatter, who blamed the NFL for poor pizza sales last fall and then admitted using the N-word on a conference call this spring.Sales slumped, and Papa John's stock declined. CEO Steve Ritchie and the current leadership blame Schnatter, who stepped down as chairman in July.Schnatter told CNNMoney in an interview Tuesday that he's being scapegoated."You can't blame everything on two comments," he said. "I wish I had that kind of power, but I don't."Instead, Schnatter pinned the company's problems on Ritchie, who became CEO in January. Schnatter described him as a poor leader who has created a culture of intimidation at Papa John's, and let quality and customer service slip."We need new leadership," he said. "He struggles as a CEO.""Steve'll make a great executive somewhere else," he added. "He's just the wrong guy for the job."He described upper management under Ritchie as vindictive and controlling."People right now are scared to talk," he said.Schnatter, who is still the largest shareholder and owns almost a third of the company, insists he doesn't want to return as CEO. But he has mounted a scorched-earth campaign to drive Ritchie out of his job.In a letter to franchisees posted to his personal website on Monday, the founder said the company is struggling because of "rot at the top."In a statement, Papa John's called the accusations "untrue and disparaging," characterizing them as "a self-serving attempt to distract from the damaging impact his own words and actions have had on the company and our stakeholders.""John Schnatter also publicly supported Steve Ritchie's appointment as CEO at the end of last year," the statement said.Schnatter flipped that argument around."There's a little bit of a farce going on here," he said. "Steve Ritchie promises great things, and then bad things happen, and then he blames somebody else."Schnatter's lawyer Garland Kelley said the company allowed Schnatter's comments about the NFL and his use of the racial slur to be misrepresented in the press."There's a critical disconnect between what John actually says and how the company permits it to be portrayed publicly," Kelley said. "We think there's a reason this is occurring."In July, Forbes reported that Schnatter had used the N-word while on a conference call with his marketing agency."Colonel Sanders called blacks n-----s," Schnatter reportedly said during a training on how to avoid gaffes like the NFL comments. Forbes said Schnatter was complaining that Sanders didn't receive backlash, even though his comments were worse than Schnatter's own. KFC did not immediately respond to a request for comment.After the Forbes story broke, Schnatter apologized and resigned as chairman.On Tuesday, he described the conversation differently."I simply said, 'Colonel Sanders said what he said, and we're not going to say that,'" he said, adding that he regrets saying the slur."What I said was anti-racist," he added. "I don't talk that way.""I think the company has made the situation a lot worse," Schnatter said. "[The comment has] been misquoted, it's out of context, it's been portrayed in a way that's not truthful. But I'm still going to feel bad about that.""I love my employees. I love my franchisees," he said. "For anything that hurts them, then I'm going to feel bad about that, and I do."Schnatter also thinks his remarks about the NFL leadership have been misconstrued.Last year, some NFL players knelt during the National Anthem to protest treatment of black Americans, particularly by police. The protests sparked a controversy, and the NFL ultimately ruled that players can't kneel during the anthem."I felt like the situation was not a winning situation for the fans, the sponsors, the players and the owners," he continued.A few months after Schnatter called out NFL leadership, Papa John's ended its NFL sponsorship. Pizza Hut took its place.Papa John's is trying to put both comments, and Schnatter himself, behind it.The company is stripping Schnatter's image from its marketing materials and has taken the unusual step of approving a provision that would prevent him from gaining more control of the company.Ritchie went on a listening tour, mandated bias training for all employees and promised to increase diversity among staff. The company also launched a social campaign acknowledging customers' concerns.Papa John's has also commissioned an investigation into its diversity and inclusion practices.Asked whether the investigation would find any examples of misconduct by him, Schnatter said: "At the end of the day, I'm the principal owner of the company.""They've got to point bad results on somebody, and that's probably going to be me." 4908

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