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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

PARK COUNTY, Colo. — A Discovery Channel reality show about gold mining is dividing the small Colorado mountain town that provided its setting — even as the show plans to move on. The show “Gold Rush” turned a small old mine in Fairplay into a much bigger operation. Fairplay is located about 85 miles southwest of Denver. Producers of “Gold Rush” said they will not return to Park County, but the residents say they are still feeling the impacts and worrying about future expansion."It's hard to describe what a four-foot boulder sounds like getting dropped into metal," said Jamie Morrow, whose home is about a quarter of a mile away from the mining operation. Morrow and her family purchased their property before the reality show began — when the mining in town was minor and mostly unobtrusive.  "It was quiet. It didn't make a lot of noise and was a small two or three man operation," Krissy Barrett, who also lives in the county, said. Some citizens in Fairplay have filed lawsuits seeking to reverse rezoning approved by county leaders that converted residential land into mining areas. Even though “Gold Rush” is moving on, residents are still fighting in court. They say large mining equipment remains in the area.Some residents say they’re worried the mining operation will continue to grow.  "Me and a bunch of other of our folks said we can't allow this because if they can rezone that parcel from residential to mining, they can do any parcel. They could rezone next door to us, next door to anybody," Barrett said. Leaders of the small town have embraced the national attention the reality show brings. "We've had a huge uptick in visitors coming to the visitors center. A lot of them are expressing their desire to go out and see the show, the mining," Fairplay town mayor Frank Just said. Some residents said the show’s presence in town was positive. Keith Wortman said he made extra money renting a home to the crew. A server in a local restaurant said the location got more business when production was happening. "Pretty exciting to have a big show come to town," bartender Melissa Mcaninch said. But opponents argued the town’s mountain beauty is also a big draw, and that beauty could be impacted if mining continues to expand. "The population that comes up here to look at the beauty, to enjoy the beauty, is way bigger. We believe the overall economic impact from our maintaining our aesthetics here is way bigger than a small TV show and way longer lasting. You know gold mining is a boom and bust," Barrett said. The town’s mayor said mining has been around in Fairplay since 1856 and it’s here to stay. “I'm sure a negative effect on some of the folks that were the closest to the mine, but all in all, those folks [the miners] have a right to do what they've done," Just said.  2958

Parents are considering different options when it comes to school as they manage the pressure of the COVID-19 pandemic.One option is called micro-schooling, which is basically a small school. It could have regular classroom space or operate out of someone's home, using remote curriculums.“Usually there's a theme attached to it, or a certain population they're serving, or they're trying to accomplish something that perhaps isn't getting accomplished in larger schools,” said Dr. Maureen O'Shaughnessy, Executive Director of the Micro-School Coalition.O'Shaughnessy started the Micro-School Coalition. She hopes micro-schools can help ease drop-out rates, making sure no kid falls through the cracks.She says they also allow teachers to build relationships with each student and focus on their passions.“We all thrive when we're seen and heard and valued, and that can't always happen if a teacher has 149 other kids to teach that day,” said O'Shaughnessy.She says parents in the Seattle area have turned to social media with questions about logistics or inclusion. That's also true for a mom in Boston who has created a Facebook group for parents and educators interested in micro-schooling."We want to utilize curriculum that our school system is working very hard to create,” said Jennifer Quadrozzi, who started the Massachusetts "Micro-Schooling" Resource Group. “We by no means are saying that's not good enough for us. We wish, in the perfect world, we could send them back to school and learn what teachers have to learn, but, for various reasons, we are uncomfortable doing that."The Micro-School Coalition offers free information sessions and podcasts if you want to learn more.O'Shaughnessy hopes the conversation on micro-schooling will increase scrutiny of our current system, which she calls outdated. 1825

OXFORD, Mich. - Upland Hills School in Oxford, Michigan, doesn't look like your traditional classroom setting; that's because it's not. But it is where around 90 students will be learning come fall, including Alicia Stewart's two sons.The independent tuition-based school has always used a very "nature forward" approach to learning, and this year, due to COVID-19, will rely on that model even more.“I did venture out to Target just recently and I saw all the back-to-school supplies and I don’t really have to get any of that," Stewart said. LEARNING OUTDOORS: We're going inside a private school in Oxford, taking a unique approach to face-to-face learning this fall. Kids will be taught almost totally outside. Listen to how mom Alicia Stewart is preparing to send her two sons next week. Story on @wxyzdetroit at 6:30. pic.twitter.com/ucqmSHf2ri— Jenn Schanz (@JennSchanzWXYZ) August 12, 2020What is on her back-to-school list, is bug spray, camping pads, and hats with mosquito netting."What I’m doing now is I’m searching REI, I’m searching Patagonia, I’m going to my local camping stores," she said.Upland Hills has been around for 48 years providing a non-traditional approach to learning for kids as young as four, and now, through high school age.The school has a ropes course and a CSA farm on its property, so kids are also provided with true "farm-to-table" meals.“We have a long history of being a nature-based school and we’re in this beautiful setting, 30 acres in the woods here. So to be outside for 2-3 hours a day is really typical for our students," said Director of School Rob Himburg.Because of COVID, outdoor learning will be central this fall. However, the school does also offers online learning.“This is going to be my new classroom for the coming year," said teacher Robert Crowe, walking around one of the school's former gardens.Social distancing should be easy outdoors and class sizes are always pretty small, given that Upland Hills only has around 70 families.Crowe said he wants to make sure students can get their work done outside too.“To be able to focus outdoors is not easy. So the solution I hit on was for every child to have their own individual tent," he said. Crowe said being able to learn in the outdoors gives students a unique sense of agency, something that traditional classrooms don't always provide.Students may also learn in larger, four-season tents, which can be heated in the winter.The school also has an indoor space, in the event teachers and students would need to go inside.Lessons will usually circle back to nature in some way, so that students are learning basic skills like mathematics in a hands-on way, like building a greenhouse Himburg said.Tuition for Upland Hills is a little more than ,000 annually, making this out of reach for some families.For Stewart, whose kids started at Upland Hills last year, this approach to learning has been really special and offered her sons an education she doesn't think they could get elsewhere.Classes at Upland Hills begin Aug. 17.Statewide, many districts are still in the process of deciding what approach is best for teachers and students: online learning, face-to-face, or a combination of the two. Gov. Whitmer is leaving the decision up to individual districts as long as Michigan remains in phase 4 of re-opening.This story was originally reported by Jenn Schanz at WXYZ. 3406

Police in Delray Beach, Florida are looking for the person accused of attacking a 60-year-old man with a skateboard Sunday afternoon. The victim told police that a younger man used a skateboard as a weapon after the two exchanged words just before noon in the Dotterel Road neighborhood.The victim said he and his wife were walking around their property when they encountered a young man in a dark t-shirt, baggy shorts and dark skater sneakers.The victim's wife told police that she took a picture of the suspect because they have had problems with young men on skateboards damaging cars in the parking lot.The man with the skateboard told the victim to move, but he refused.Police said the suspect swung the skateboard, missing the victim, who fell to the ground. As he got up, he told officers that he unsuccessfully tried to push the attacker away. However the suspect, holding the skateboard in both hands, hit the man on the left side of his head, leaving him with a cut on his left ear and swelling on his head. Delray Beach Fire Rescue treated the victim at the scene of the attack. 1163

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