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Walmart is suing the U.S. government in a pre-emptive strike in the battle over its responsibility in the opioid abuse crisis.The government is expected to take civil action against the world’s largest retailer, seeking big financial penalties, for the role its pharmacies may have played in the crisis by filling opioid prescriptions.But on Thursday, Walmart filed a lawsuit saying that the Justice Department and the Drug Enforcement Administration are blaming the company for the government’s own lack of regulatory and enforcement policies to stem the crisis.Walmart says it is seeking a declaration from a federal judge that the government has no lawful basis for seeking civil damages from the company. It is also seeking to clarify its legal rights and duties under the Controlled Substance Act.Walmart operates more than 5,000 pharmacies in its stores around the country.“Walmart and its pharmacists find themselves in an untenable position,” the company based in Bentonville, Arkansas, says in the lawsuit filed in the U.S. District Court in the Eastern District of Texas. “Under defendants’ sweeping view, Walmart and its pharmacists may be held liable — perhaps even criminally — for failing to second-guess DEA-registered doctors and refuse their prescriptions. But if pharmacists do so, they may face the wrath of state medical boards, the medical community at large, individual doctors, and patients.”Walmart says in the suit that the Justice Department identified hundreds of doctors who have written problematic prescriptions that Walmart’s pharmacists allegedly should not have filled. But nearly 70% continue to have active registrations with the DEA, the lawsuit says.“In other words, defendants want to blame Walmart for continuing to fill purportedly bad prescriptions written by doctors that DEA and state regulators enabled to write those prescriptions in the first place and continue to stand by today,” the suit says.The lawsuit names the Justice Department and Attorney General William Barr as defendants. It also names the DEA and its acting administrator, Timothy Shea.In the suit, Walmart describes a government probe of the company that began in December 2016 and calls it a “misguided criminal investigation” conducted by the U.S. Attorney’s office for the Eastern District of Texas. Walmart says it fully cooperated with the probe.In the spring of 2018, the office advised that it intended to indict the company. In August 2018, Walmart said that officials at the Department of Justice recognized that there was no plausible basis for a criminal indictment, and the department formally declined to prosecute Walmart. But the civil investigation continued.The initial investigation was a subject of a story in ProPublica published in March. ProPublica reported that Joe Brown, then U.S. attorney for the Eastern District of Texas office, spent years pursuing a criminal case against Walmart for its opioid prescription practices, only to have it stymied after the retail giant’s lawyers appealed to senior officials in the Justice Department.Two months later, Brown resigned. He didn’t give a reason for his departure except to say he would be “pursuing opportunities in the private and public sectors” and “some of those will become apparent in the coming days. Brown went into private practice in the Dallas areaA spokeswoman for the U.S. attorney’s office in Texas that handled the investigation referred questions to the Justice Department in Washington. The Justice Department declined to comment. 3541

VISTA, Calif. (KGTV) — A group of teachers with the Vista Unified School District rallied Thursday against the district's current reopening plan.The district's Board of Education voted late Thursday to finalize a plan to bring students and teachers back to in-person learning on Oct. 20. The group of teachers say there's now a chance they hold a vote over whether to vote of no confidence in the district's superintendent on Monday."We now face a rush to open without the protocols in place to ensure the health and safety of all stakeholders. School board members’ openly dismissive behavior toward educators and their safety concerns is hurtful and disappointing to every committed educator who calls VUSD their professional home," said Keri Avila, president of the Vista Teachers Association. "We are extremely disappointed in the lack of concern expressed at last night’s board meeting for the health and safety of students, teachers, and staff. We have scheduled and emergency executive board meeting to determine next steps."The board heard from parents and teachers on both sides. Some said they are for the full reopening, while others said bringing students back at normal capacity is too risky.Many teachers have expressed concerns that the plan just isn't safe enough during a pandemic."I think it's reckless, I think it's misguided," said Craig Parrot, an eighth-grade science teacher at Roosevelt Middle School. "There are entire schools in our district that don't have windows that open, kids are coming in without temperature checks."Parents that want to keep their students in virtual distance learning may do so.While many school districts have limited the number of students returning in-person, Vista Unified's website states, "It is important to note that while many health and safety precautions are in place for the Vista Classic learning model, all classrooms will have the normal amount of students enrolled. This means that while we will be following social distancing procedures, student seating arrangements will be less than six feet apart."Parrott said he was able to continue with distance learning because a colleague who teaches the same subject will return in-person. "The kids are too close, we have desks that are 6 inches or 12 inches apart," said Parrott.The Vista Teachers Association (VTA) sent ABC 10News pictures showing what they call a lack of spacing in between desks in some classrooms.Members of the VTA worry about the spread of COVID-19 as teachers and students return to school. Avila started a petition demanding that the Vista Unified Board of Education Trustees modify the reopening plans."We want our district to mitigate the 'Four C's', that is close, closed, crowded and continuous," said Avila. "They're going to be in crowded conditions especially if we have 38 kids in a room at one time."The district's Superintendent of Schools, Dr. Matt Doyle, sent the following statement to ABC 10News. 2958

WASHINGTON (AP) — A top federal prosecutor in Manhattan has stepped down from his position after the Trump administration fired him.U.S. Attorney Geoffrey S. Berman of the Southern District of New York said in a statement Saturday that Attorney General William Barr’s decision “to respect the normal operation of law and have Deputy U.S. Attorney Audrey Strauss become Acting U.S. Attorney” led to his decision. He said it would be “effective immediately.” 464

Virginia Beach Police are investigating a shooting that seriously injured two people early Sunday morning.Officers were alerted to multiple shots fired in the area around 12:45 a.m. A woman was located and suffering from a life-threatening wound. Medics treated the woman and took her to the hospital.A few minutes later at 12:48 a.m., officers received word that a victim with life-threatening injuries was located in several blocks away. EMS treated and took the victim to the hospital for further treatment.A possible suspect has been detained and the investigation is ongoing.Prior to this shooting, police responded to another shooting at the 1900 block of the Boardwalk. A woman suffered non-life threatening injuries in the incident.There is an increased police presence throughout the oceanfront area due to College Beach Weekend. Problems with violence in past years have caused some to be critical of the event. Last year, thousands signed a petition calling for an end to College Beach Weekend after four people at the Oceanfront were injured from a shooting. 1078

WASHINGTON (AP) — Postmaster General Louis DeJoy told lawmakers Monday that he has warned allies of President Donald Trump that the president’s repeated attacks on mail-in ballots are “not helpful,” but denied that recent changes at the Postal Service are linked to the November elections.“I am not engaged in sabotaging the election,” DeJoy said, adding that, like Trump, he personally plans to vote by mail.The House hearing quickly became a debate over mail delivery disruptions being reported nationwide. Democrats said the changes under DeJoy’s watch are causing widespread delays, but Republicans dismissed the worries as unfounded and part of a Democratic “conspiracy” against Trump.DeJoy made clear his role in changes that have recently been reported at the USPS.“As part of this conversation, there are many inaccuracies about my actions that I wish to again correct. First, I did not direct the removal of blue collection boxes or the removal of mail processing equipment. Second, I did not direct the cut back on hours at any of our post offices. Finally, I did not direct the elimination or any cutback in overtime. I did however suspend these practices, to remove any misperceptions about our commitment to delivering the nation’s election mail,” DeJoy stated in his opening remarks.During questioning, DeJoy clarified that his changes were intended to get the trucks to run on time, as a fundamental change needed for the whole process to be more efficient.“If the trucks don’t run on time, the mail carriers can’t leave on time,” DeJoy said, defending the change, explaining that late trucks lead to overtime and late night deliveries.A story from NewsChannel 5 found that this policy change is leading to empty mail trucks leaving without its intended cargo in order to leave on time.A heated exchange happened during Monday’s hearing, when Representative Stephen Lynch asked DeJoy if he would put mail sorting machines back, reportedly removed earlier this summer, before the election.“Will you put the machines back?” Representative Lynch pressed multiple times, reaching a shouting level.“No, I will not,” DeJoy repeatedly answered.DeJoy has argued the machines were planned to be removed as part of a transition to more package-handling equipment since the post office is handling fewer letters.A little later, during questioning from Representative Ro Khanna, DeJoy seemed to indicate he may put the machines back. Rep. Khanna asked how much money it would take to put the machines back, if the appearance of doing so helped Americans feel confident about voting and sending mail. He asked if it would take a billion dollars.DeJoy responded that Congress “couldn’t get the money,” referencing stalled efforts to pass bipartisan legislation, and the history of not funding the postal service.However, when pressed by Rep. Khanna, DeJoy responded, “Get me a billion (dollars) and I’ll put the machines in.”During the questioning, DeJoy stated he was “surprised by the lack of attention paid to the postal service in the last decade,” referencing comments from a handful of representatives that the postal service has struggled financially for years.The Postmaster General says the postal service is funded through late 2021 without new funding approved by Congress.The House Oversight Committee held a hearing on Monday on operational changes at the Postal Service that have resulted in mail delays across the country, as well as to look into concerns about the process DeJoy became the postmaster general.DeJoy testified before a Senate committee on Friday, answering similar questions.Acknowledging an expected surge in mail-in ballots because of the coronavirus pandemic, DeJoy said Monday voters should request mail-in ballots at least 15 days before the Nov. 3 election to ensure they have enough time to receive their ballot, complete it and mail it back to elections officials on time.The House approved legislation Saturday to reverse the changes and send billion to shore up the agency ahead of the election.In a statement Sunday, the Postal Service said it greatly appreciates House efforts to assist the agency, but remains concerned that some of the bill’s requirements, “while well meaning, will constrain the ability of the Postal Service to make operational changes that will improve efficiency, reduce costs and ultimately improve service to the American people.″ 4411