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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
Our highest priority is always the safety and well-being of our employees and customers at our restaurants. We have been in contact with the police department and are fully cooperating with their investigation. 218
Plans to build a new 4-acre, .5 million park in National City got a boost this week, thanks to a partnership with the federal government.The Environmental Health Coalition will help the city plan the park and the surrounding area, to make sure people can access the park without having to drive there.National City is one of just 10 communities across the country chosen for the Safe Routes to Parks Initiative.The new park will be near 22nd Street and Harding, where an empty field sits right now. As part of the construction, the EHC will help design safer streets around the park."Kids are trying to get from point a to point b and they have to cross through that main road," explains City Engineer Jose Lopez. "Without enhancements to the road, there's no way a 10-year old or 5-year old can cross the street."The EHC will help the city plan curb extensions, a median refuge island in crosswalks and local trails to let people walk through parks instead of along busy streets.According to a release announcing the partnership, communities chosen for the program had high rates of crime and violence, and also high rates of weight-related chronic diseases. The Safe Routes to Parks program hopes to increase park use and help communities become healthier and safer.Right now the park is still in the planning stages. They hope to start construction in 2019. 1391
PENSACOLA, Fla. (AP) — Hurricane Sally has lumbered ashore near the Florida-Alabama line with 105 mph winds and rain measured in feet, not inches. The storm swamped homes Wednesday and forced the rescue of hundreds of people. Now weakened into a tropical storm, Sally is pushing slowly inland for what could be a slow and disastrous drenching across the Deep South. Authorities in Pensacola, Florida, say 200 members of the National Guard will arrive on Thursday. The storm cast boats onto land or sank them at the dock, flattened palm trees, peeled away roofs, and blew down signs. More than 540,000 homes and businesses are without electricity in the stricken area. 675
PHOENIX - Believe it or not, a shelter pup was returned to the Arizona Animal Welfare League in Phoenix because he was too good.In a Monday Facebook post, AAWL said 1-year-old Binx was adopted and returned within 48 hours with notes saying he's potty-trained, good with kids and fun to play with. Turns out, Binx's temporary new family wanted more of a challenge from their adoptive pooch and returned him to AAWL.According to the shelter's Facebook page, Binx "can't get anything done at the shelter because everyone is petting me, telling me what a good boy I am, and taking me for walks!"Binx's profile on the AAWL?website says an active family would be ideal for the large-breed dog, who loves to run, hike, and do "anything that involves being outside."Anyone who wants more information on Binx can check him out here. 836