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PASCO COUNTY, Fla. — A nursing assistant in Pasco County, Florida was arrested after allegedly molesting a disabled female who she was tasked with caring for.Christina Nappo is charged with lewd and lascivious molestation of an elderly person.She was caring for an elderly and disabled woman described as having serious brain trauma and the mentality of a 10-year-old.She is accused of committing inappropriate acts with a shower head. Deputies say that being a CNA, Nappo reasonably knew the victim either lacked the ability to give consent or failed to give consent.She is also accused of teaching another CNA how to do the same thing.Nappo was arrested without incident and taken to Land O' Lakes detention facility. 742

PHOENIX, Arizona — A license plate could be the very thing driving technology forward and it is being tested in Arizona. The Arizona Department of Transportation said it is working with the technology company "Reviver" to test digital license plates on about a dozen of its vehicles. Spokesperson Doug Nick described it basically as an iPad that goes in place of the plate on the back of the vehicle. Arizona is just one of two states that currently have these plates on the road — the other is California, Reviver reps said.Nick said ADOT is always open to innovation and picking our state to test is a no-brainer, especially with our weather.  "Arizona has always been a really good state for innovation," he said. "Car companies have tested here for years to see how their vehicles perform, so it's not a stretch to say, 'Well, let's take a look at how some of the accessories, like a license plate. How does that perform on a vehicle?'" As testing continues, the goal is to go far beyond just displaying the plate. "You can update this [the license plate] and it has the capabilities of potentially having other functions on there... maybe messages that are of help to the public, like Amber Alerts," Nick said. "That might be something that could be done on this."It could also alert police if a vehicle is stolen, if a registration tag is expired, or more consumer-focused items like displaying specialty plates. But, all of that is still in the early stages of testing. Could digital plates save ADOT money?Representative Michelle Ugenti-Rita?introduced a?bill into the state legislator this year that would eliminate vehicle registration stickers, possibly saving .8 million in labor and postage.ADOT did not comment on the bill and is not yet clear on the kind of money-saving aspects the technology may provide.Nick said the state has been testing it for less than a year and there is no set timeline on when the testing will stop or if it will expand. 2077

POINT LOMA, Calif. (KGTV) — Some residents in Point Loma are frustrated that they are being forced to remove their family-owned docks off Shelter Island. The mandate is part of the Port of San Diego's new Port Master Plan. Cameron Driscoll Lilley says her family's dock near Scott St and Bessemer Street is more than just an heirloom, it's significant piece of history in the community."This dock was put in by my great grandfather in 1943, and it was completed in 1944," Lilley said. Since then, her family has shared their dock with the public from sunrise to sunset. The deepest end portion of the pier is locked for safety reasons. She said this is an expensive endeavor but well worth the smiles it provides to visitors. "The insurance, maintenance, the upkeep, and the liability that we are exposed to. But it's worth it because it provides an opportunity for people in this community and beyond to interact with the waterfront in a way that they wouldn't get to do," Lilley said. Lilley said there are people from all over San Diego who enjoy walking on their dock to watch the fish and stingrays swim under their feet. But the Port of San Diego says their dock is not technically docked on their residential land, and because of that, it must come down. "They want to tear out a piece of our historical landscape," Lilley said. According to the California Coastal Commission rules, it cannot allow residential uses on land the agency governs. Lilley's only other choice is to make the dock available for the public 24/7. But she sees that as a safety hazard."The most tragic thing would be if somebody was out on the end and fell and or drowned or got hurt in a boating accident off of the pier," Lilley said.The Master Plan has no mention of hiring lifeguards if it becomes public."I think they are driving an agenda of tourism and revenue and of course San Diego needs that. But I am disappointed that the Port Master Plan hasn't prioritized the residents of this neighborhood," Lilley said. The Port of San Diego is welcoming all comments at their next Community Discussion. It will be held on Wednesday, August 28, 2019, at 5:30 pm at Portuguese Hall.  2217

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

PINE VALLEY, Calif. (KGTV) -- After Larry McNamer received a cease-and-desist letter from San Diego County officials, during the first week purple tier restrictions went into place, he said he will not back down."This is what courts are for. I'll fight it, I will fight it," the owner of Major’s Diner in Pine Valley said.In the letter, county officials noted he could face up to a ,000 fine for every violation under the state's guidelines, which includes not allowing guests inside."It could be ,000. I don't care because I can't afford to pay it, so I couldn't pay it if I had to,” McNamer told ABC 10News.McNamer said it all boils down to survival of this business and what he thinks is right in an uphill battle with the county and the state."They're going to have be a lot more fair about doling this out and understand that we zero cases up here [in Pine Valley],” he said.Even as he continues to serve up hot plates inside, McNamer said nothing changes when it comes to safety measures given by the state. He said guests are sat apart inside and have the option of dining outdoors if they choose.ABC 10News caught up with a couple from Alpine who grabbed a bite to eat Friday morning, not because Major's was the only diner open but they wanted to support him after seeing him on ABC 10News newscasts."We saw they were in trouble and in need of assistance, so we came to support them,” the supporter, Mark, said.ABC 10News asked Mark and his wife if they thought customers supporting restaurants who defy public health orders are contributing to the problem of COVID-19 cases rates surging, as restrictions continue to grow."Show me the data that these are sources of community spread because the data I see doesn't show that,” Mark said.McNamer said he's been receiving postcards and letters from people across the county supporting his choice of staying open to survive."It empowers you, it lets you know you're doing the right thing,” he said. 1967