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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
People in San Francisco make the highest salaries in the world, according to a new report by Deutsche Bank. According to the report, San Francisco beat out Zurich, Switzerland this year. Zurich had a long-standing dominance on the list, but people in San Francisco are paid nearly ,000 per month more than those in the Swiss city. The report shows that San Francisco residents make an average of ,526 per month. In Zurich, the average is ,896. Although that may seem like a lot of cash to have on hand, monthly rent in the California city costs more than ,600, according to the report. 603
PAWTUCKET, R.I. (AP) — A Trolls doll is being pulled off store shelves amid complaints it promotes child abuse. Toymaker Hasbro said Wednesday that it's in the process of removing the "Trolls World Tour Giggle and Sing Poppy" from the market and will be offering customers a replacement doll of the popular female character. The doll had been designed to giggle when placed in a sitting position, but some parents complain the sound activation button is inappropriately placed between the doll's legs. In a statement to the Providence Journal, Hasbro spokeswoman Julie Duffy said that the placement of the sensor wasn't intentional. An online petition suggests the doll is "conditioning our children to think pedophilia is OK." 735
OTAY MESA, Calif. (KGTV) -- The piercing sound of a high-powered drill could be heard coming from the Otay Mesa border wall prototypes Tuesday morning. Journalist Jorge Neito captured the images from a neighborhood in Tijuana. Construction workers could be seen drilling more than a dozen holes into the concrete barriers.Customs and Border Protection officials confirmed to 10News last week that the prototypes were coming down to make space for a secondary border fence. That fence will strech 14 miles from the beach to Otay Mountain. Officials never specified when the prototype demolition would happen.The prototypes are 30 feet high and were built in last September of 2017. President Trump toured the barriers in 2018. Out of the eight designs there wasn't one specifically picked for the border wall. "There was never an intent to pick one and copy that along the entire U.S. border. The entire concept literally was how can we do this better," San Diego Sector Border Patrol Chief Rodney Scott told 10News in 2018. "But we're not picking one of these walls over the other walls, and we never planned on doing that. So, depending on the terrain or the environment, it could be any one of these? Correct."10News reached out to Border Patrol locally to find out if today's work is part of the prototypes' demolition and a spokesperson referred us to Washington D.C., so far we have not heard back. 1413
Police bodycam footage shows a man body-slamming a suspect who was resisting arrest in Provo, Utah, police said.Officer Austin Williams was responding to a Sam’s Club on July 24 for a welfare check when a man attacked the officer, then fled on foot.As he was fleeing, bodycam video shows an unidentified man lift the suspect in the air and slam him to the ground."Chief Ferguson wants to thank that person for coming to the aid of an officer in need. We take pride in serving and protecting in Provo, so we are grateful to the unknown person who returned the favor and helped us safely take a dangerous person into custody," the department said in a Facebook post.The suspect was arrested and is facing charges including assaulting an officer. 756