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Payton Summons "passed naturally" after her heart stopped beating on its own Friday around 8:30 p.m., while she was still on the ventilator that had become the crux of a legal battle between her parents and a Texas hospital, her family's attorney said."The family is saddened by her loss but are glad she passed naturally," Justin Moore told CNN on Saturday.The 9-year-old girl, who had been declared brain-dead, was at the center of an ongoing court dispute between a Fort Worth hospital, which wanted to remove her from the ventilator, and her parents, who wanted to keep her on the machine.A judge this week ruled in favor of her parents' request to have a temporary restraining order against the hospital extended.Payton was not removed from the ventilator, Moore said. 781
PARKER, Colo. — Nine months into the pandemic, trauma nurse Allison Boerner hoped the holidays would bring her a break from the loss she and her colleagues have witnessed all year.“Most of us are pretty exhausted,” said Boerner, an emergency room charge nurse at Parker Adventist Hospital. “We went through wave one and then kind of had our head above water and now it feels like our head is below water again.”That emotional weight is now heavier than ever as COVID-19 cases seem to be endlessly climbing across the country.“The fear of going anywhere other than the hospital and my house is terrifying to me because I'm living it every day, and I'm seeing what this virus is doing to people, and it's horrible,” said Boerner.Boerner said that’s why, for the first time in her life, she’s not seeing her family for the holidays.“It’s just something that I'm willing to sacrifice to keep all my loved ones safe.”She first felt the devastating weight of isolation during the holidays at Thanksgiving.“I'm from a big family and none of us saw each other. We had a Zoom meeting and it was hard,” said Boerner through tears.Now, with Christmas on the way, Boerner made the tough choice to once again stay away from those she loves, especially because her job puts her at a higher risk of bringing COVID-19 to her family.“Our whole family's never missed a Christmas Eve, ever. So this is gonna be really, really weird,” she said.Boerner has dozens of family members across Colorado and Christmas is the one time when everyone gathers.“It’s like a huge family tradition for all of us and we're not doing that. The hardest thing and the worst thing that I'll miss is just being surrounded by the love of my family especially after a year like this year,” said Boerner.The mother of two said her sadness goes beyond her own loss, it’s the loss her whole family is suffering too.“The fact that my kids are gonna miss that for like the first year that they really can understand Santa and Christmas, it’s heartbreaking. I mean it's really just, it's hard,” she said.Yet, Boerner knows the loneliness she feels this year is far less than the pain of losing a loved one. That moment is a loss she’s been part of for too many families in her community.“When we have to call a family and tell them that their loved one has died and they can't come see them because of COVID, it's the worst phone call. I will never forget their faces and their reaction. It's something that's burned into my brain and will never leave.”On top of those moments of profound pain, Allison has seen the hurt COVID-19 can bring even for those who aren’t infected, in part because she’s felt the heartache herself.“We've seen a huge increase in patients with depression, and you know they're very, very isolated, job loss…this pandemic is not just about sickness, it's about a whole entire life changing event.”2020 has been a life changing event hitting front-line workers harder than ever and an event Allison hopes we all can learn from.“It’s not worth risking to have one more Christmas together. You want many Christmases to come. I'd much rather spend Christmas with my family next year than not have some of my family members here because of this virus,” she said.But until then, she can only hope the zoom meeting this Christmas will be the last holiday she spends holding her screen tight. 3369

sa WestWitness saves victim of Church's Chicken shooting in Otay MesaTIMELINE: Events that led to Church's Chicken shootingMario Rojas, 52, is still in the hospital, healing from his gunshot wounds in the arm and stomach."Worst case is, it could be another month, and that’s really all I know," said his former sister-in-law Sandra Lara.Lara spoke with a coworker who was there that fateful night, and learned Rojas was a hero."One of the bullets he took was meant for her because he literally, like you know, jumped in front and she threw herself on the floor," said Lara.Lara said Rojas had just taken the job at Church's Chicken a week ago as a second source of income to support his family."He’s so worried, that’s all he told me is 'I have two jobs, now I have nothing, what am I going to do?' I told him, you know what? Don’t worry about any of that, just be happy you’re alive and everything will fall in place for you," Lara said.A family member started a GoFundMe two days ago and more than ,000 has been raised.Police have not found the murderer. The families hope he turns himself in so they can find justice. 1975
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
PHOENIX— A man is accused of doing dozens of beer runs at Valley Circle K locations since late last year.Phoenix police report that on Aug. 15 they arrested 45-year-old Larry Pinkney for 60 thefts at two Circle K stores in south Phoenix. Police say from November 2017 until Aug. 15 of this year, Pinkney stole cases of Budweiser and Bud Light from Circle K. Nearly all of the thefts were from the store near 24th Street and Southern Avenue. Surveillance pictures and video allegedly show Pinkney taking the beer from the stores in each of the incidents. Police say during each incident he carried the beer in the same way and exited in the same direction. In many of the burglaries, he wore the same clothes. Upon his arrest, Pinkney reportedly told police that he sells the beer for a case. Circle K reports the total loss at over ,500.Pinkney has been charged with 60 counts of theft. 945
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