Six months after the Fatal Shooting of breonna taylor. Which raises the question should a controversial legal principle leave Police Officers largely shielded from lawsuits over wrongdoing . Our ted koppel looks for answers. There is just one little problem with this picture. Theyve got him handcuffed. That could have been one of my kids. Reporter they got the wrong guy, beat him up im glad our police are here doing their job. Reporter and when he sued, the cops claimed something called qualified immunity. Well explain coming up on sunday morning. Pauley mariah carey is a legend of popular music, with a story of triumph over adversity, she is only now ready to share in full. Yeah, yeah, yeah pauley mariah carey has had number one hits 19 times. Pauley your ability to do those high notes, where did that come from . I dont know. [laughter] ive always had kind of a raspy voice, but for me it is like playing an instrument, so it is fun. Pauley later. The one and only mariah carey. Legions of couped up funseekers are on a roll these days, as nancy giles will show us. Rollerskating, one of americas popular youth times reporter a craze from the past is hot again in 2020. Its freedom. Its liberating. It is just fun. Reporter on the streets or in an oldschool rink i met my wife here. She worked in the checkroom and then she skated here. Reporter why rollerskating is back in style, ahead on sunday morning. Pauley Susan Spencer shows us a new sculpture of Jackie Robinson, now standing tall. Luke burbank is in conversation with actor and cannabis farmer jim belushi. Mo rocca talks with the winners of a Rube Goldberg contraption competition. Plus author Jonathan Alter on the turning point in the life of jimmy carter. And campaign commentary from john dickerson. All on this first sunday morning of autumn, seember 27th, ll this election, all californians will be able to vote safely from home. Every active, registered voter will receive a votebymail ballot with a unique barcode. You can track it using wheres my ballot . And youll receive automatic notifications by text, email or voice call to let you know the status of your ballot once you mail it, drop it off at your polling place or at a drop box. Vote by mail ballots. Simple, safe, secure. Counted. Learn more at vote. Ca. Gov pauley President Trump yesterday nominated federal judge Amy Coney Barrett to fill the Supreme Court vacancy left by the death of Justice Ruth Bader ginsburg. Rita braver has more on the nominee and the confirmation fight ahead. Judge Amy Coney Barrett. [applause] [cheering] reporter President Trump made it official last evening Amy Coney Barrett is his nominee for the u. S. Supreme court. President trump she is a woman of riellect, sterling credhe ti requires m administeroathich Justice Without respect to persons, do equal rights to the poor and rich, and impartially discharge my duties under the United States constitution. Reporter barrett is currently a federal judge living in south bend, indiana. Married to a lawyer, she is the mother of seven children, one of them with special needs, and two adopted from haiti. After notre dame law school, she clerked for the late justice antonin scalia, a conservative whos philosophy she shares. [yelling] reporter both supporters and opponents of abortion rights predict that barrett could cement a conservative majority that would overturn the landmark decision in roevs. E. And democratshelpike down the Affordable Care act and more. Senate democratic leader charles schumer. Just about everything that america believes in and stands for when it comes to issues, Like Health Care and labor rights and lgbtq rights and womens rights, judge barrett stands against all of that. Reporter and Senate Majority leader Mitch Mcconnell blocked president obama from naming a new justice in an Election Year were going to this nomination on this floor. Reporter mcconnell says he will get President Trumps pick confirmed with just 37 days until the 2020 election. [applause] and walmart made that path open for me. Without the 1 a day program, i definitely dont think id be in school right now. Each week for me in school is just an accomplishment. I feel proud every step of the way. A diagnosis of Metastatic Breast Cancer can overwhelm you with thoughts, yet also leave you at a loss for words. Take a deep breath. Go here findyourmbcvoice. Com i felt like i was justs little constantly cleaning up his hair. Then, i got my paws on the swiffer sweeper. Its a game chaer these heavy duty dry cloths pick up a crazy amount of hair. This is all you. We stopped cleaning and started swiffering. Capital ones toprated app is right here. So you can check your balance, deposit checks, pay bills or transfer money. When you dont need your bank, put it here. Thats banking reimagined. Whats in your wallet . Thats banking reimagined. Love them, hate their laundry, protection. Lysol laundry sanitizer kills 99. 9 of bacteria. Detergent alone cant. Lysol. What it takes to protect. ® pauley is it fair that Police Officers are shielded from certain lawsuits because of a littleknown legal doctrine . Or is that shield sometimes more like a loophole . Utorcover story is fro koppel. Ted this is a 911 audio recording of an eye witness to an arrest. I dont know if these are undercover officers that are on top this man, but the man isng theolice, call the police. Ted this phone call was clearly made before the video was shot. I dont know what is going on, but theyre literally assaulting him. Ted the guys on top are, in fact, undercover cops. The shirtless guy is a criminal suspect, emphasize suspect. This was back in 2014, in grand rapids, michigan. James king just had the stuffing knocked out of him because he bit one of the cops. I bit the officer on the arm because he put me in a chokehold and i blacked out. And when i came to, that was the only thing i could do to save my life at the time. Ted and then what happened . He let go eventually, but then he proceeded to punch me in the head until i couldnt move anymore. Ted which brings us to what may be the central argument for a legal doctrine known as qualified immunity. You dont want Law Enforcement officers taking down a potentially dangerous suspect worrying about the possibility of a civil lawsuit. Ill let jack collins explain. He was general counsel for the massachusetts chiefs of Police Association for more than 40 years. It comes down to Police Officers say, tell me, why it is that i have to make this quick decision, use the best information i have, and if later on somebody finds that i made a mistake, i may lose my house, my pension. Ted james king and the actual suspect didnt really look much alike, but, well, mistakes do happen. I didnt make it more than five steps and i was tackled. Ted james can tell you all about that. He was worwo jobs back in 2014 and was on his way from one to the other. Two gentlemen, scuff fee lookinscruffylooking guys ce and says, hey, who are you . And i said james. And one said, that your real name . And i said, of course thats my real name, and the other guy stole my wallet out of my pocket. Ted james confirms they had badges around their neck, but he thought they w were fake. That was the moment when i thought i was bog being mugged, and a fight ensued, and i started to yell for the police. Ted as a consequence of your fighting back against what you think is gingyou are now accused of assaulting a police officer. I did, for nine months, felt like i was living a nightmare and unsure if i was going to go to prison for a crime i didnt commit. Ted james king was lucky, even luckier, he says, because he is white. My criminal trial attorney, one of the first things he said to me after i told him what happened, he looked me in the eyes and he said, if the you were black, they would have killed you. Ted so james was lucky a because he is not dead, and b because a injuries found him not guilty of assaulting a police officer. When i spoke to my criminal attorney, he told me this thing happens more than you would think. And most people who fight these things dont win. And most people who have what happened to me are in jail or worse. Ted but what about the arrest that set all of this in motion . Couldnt james sue Law Enforcement for damages . Well, he could and he did. And attorneys for the cops invoked qualified immunity. Jack collins provides legal advice to police agencies. Most cops, quite frankly, dont think about qualified immunity. They have no idea what it is about. And they just know that basically, by and large, when i make a mistake, im not going to get sued and have my house taken. Ted and, in fact, in james kings case a District Court determined that the officers were entitled to qualified immunity because given the circumstances, their actions were reasonable. That decision was appealed and overturned. The case is now ai thihas been going on for six years. Shaniz wests case has been going on just about that long. Several years back she returned to the house she was renting, near boise, idaho, to find the police waiting. They let me know they were looking for a suspect, fabian salinas, which is my childrens father. I let them know he was there earlier, grabbing his belongings. Where is fabian . Is he inside . Might or yes . But i was unsure if he was in the home at the tythetime. Do we have your permission to get inside your house and apprehend him . They threatened me, saying i could be charged with felony harboring a fugitive. He has a felony warrant for his arres youold him yes and gave him the keys . Yes. Ted but instead of opening the door and perhaps risking the life of a police officer, they called the s. W. A. T. Team, and what did the s. W. A. T. Team ultimately do . They shot tear gas into my home through the front and also the back of the home. They destroyed windows, roa cwlce. Ic eyednd left it. Ted police could have used the key, but in fairness, though the suspect they were looking for wasnt in the house, there was a dog. So police did hear movement. Shaniz, meanwhile, was homeless. We stayed at my grandmothers for two weeks. And from there we were kind of just with family members from couch to couch. Ted shaniz sued and police invoked qualified immunity. Their argument has a certain bizarre poetry by givinlice the key to her house, sniz, in affect, consented to whatever Action Police took to search the house for the suspect. The lower court wasnt buying that argument, but an Appeals Court did. Did defendants exceed the scope of consent by using tear gas and causing damage to plaff ted the Supreme Court has declined to hear the case, so shaniz, it appears, is out of Legal Options and out of luck. Confusing and sometimes infuriating, ucla law professor Dana Schwartz would argue that qualified immunity is also unnecessary. When i looked at almost 1200 cases that were filed around the country, i found that a small proportion of those cases, less than 4 , were actually dismissed because of qualified immunity. Qualified immunity flips the usual way of thinking about things on its head. Ted thats attorney robert mcnamara. He is at the institute for justice, a Nonprofit Law Firm that represented shaniz west and james king. Qualified immunity explains, he explains, can also apply when there is no Previous Court ruling on a case exactly like the one youre arguing. What that means is government officials have free reign to violate your rights, as long as they manage to violate your rights in a way nobody thought of before. Ted so George Floyds family, if they were to ask for damages, qualified immunity could be invoked . The question asked in that case will not be whether it was right or wrong for those officers to act as they did. The question, as odius as it seems, is actually going to be, for purposes of qualified immunity, whether the jurisdiction already has cases aboutneck, any seconds did the officer in that earlier case kneel on someones neck. Ted thats one power argument against qualified immunity. Call it the outrage point, if George Floyds family gets a large financial settlement, it must likely wont be the individual cops who pay. Qualified immunity, says professor schwartz, isnt necessary to protect the police. Union officials and other defenders of qualified immunity use two talking points repeatedly in defending the doctrine, that officers will be bankrupted if qualified immunity goes away, and that good officers who make reasonable mistakes will be found liable. And neither of those things are true because officers virtually never pay as a consequence of indemnification agreements. Ted case in point earlier this month, the city of louisville, kentucky, agreed to pay 12 million to the family of breonna taylor, who was shot and killed by police in her home. None of that money will be paid by the officers involved. These are real people, not actors, whove got their eczema under control. With less eczema, from within with dupixent. D lp n dupixent is the first treatment of its kind that continuously treats moderatetosevere eczema, or atopic dermatitis, even between flare ups. Many people taking dupixent saw clear or almost clear skin, and, had significantly less itch. Dont use if youre allergic to dupixent. Serious allergic reactions can occur, including anaphylaxis, which is severe. Tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. If you take asthma medicines, dont change or stop them without talking to your doctor. So help heal your skin from within, and talk to your eczema specialist about dupixent. If your financial situation has changed, we may be able to help. Pauley dodger great Jackie Robinson will be standing tall, once a new sculpture in the works is completed. Susan spencer now with a story of a homerun handshake. Reporter Jackie Robinsons first homerun to the brooklyn dodgers miles an hour league Team Minor League game change. This has been called the handshake of the century. It sounds a little dramatic. Do you think thats overstating it . Well, weve had other important handshakes, internationally and here at home. But this was the harbinger of the Civil Rights Movement to come. Reporter robinson, of course, would go on to be a civil rights advocate. After finishing his rerkl ofam baseball career. [yelling] reporter but first came that handshake. It was april 18th, 1946, this debut as the only black man to play in an allwhite league. They wanted him to fail. They wanted him to fail. Reporter so no surprise, says baseball fan marc mellon, that the other players didnt even acknowledge robinsons first homerun. All save the next batter up. George shotgun shuba. If you look at the photographs, you can see the pure joy of the moment. You didnt think black, white. As george was known to say in later life, i would have shaken his hand if he was technicolor. Reporter melon, also a world reknowned sculpture, works on a captured both thef atathleticism when you see it outdoors, it should make you smile. Reporter when it is finished, it will stand in georgetown, ohio, george shubas home town. At the time for shuba, this would have been something of a risk, right . With his teammates, i would think so. He may have gotten some jaded looks in terms of, what are you doing . Reporter why do you think he did it . He didnt have to do that. I think he did it because it was the right thing to do. Reporter herb washington, a businessman in the, yo the youngstown area youve been involved in a lot of charitable things. What is it about this one that made you want to support it . Jackie robinson. Reporter period . Period. Reporter washington himself played on theoakland a. For him, this was personal. Someone had to be first. Someone that to stand in the gap and take some unbelievable punishment and cruelty so that the next person may not have to endure as much. Reporter what would life have been like for Jackie Robinson at that time . I cant even begin to wrap my head around the weight that he must have had on his shoulders, not just for himself personally, but all people of color. Reporter this had to have been unbelievably painful. There were times when it was very painful, and particularly when youre being attacked and you cant respond. Reporter it is a beautiful picture. Isnt that lovely. Reporter thats your wedding day . Yeah. Reporter Jackie Robinsons widow spoke with c2018t worried about was pitchers would throw at his head. I worried about him getting hurt. Reporter and with good reason robinson routinely received death threats. I felt like it was us against the world. Reporter it was in that atmosphere that george shuba did what came naturally. People have to remember that george did not ask to be the batter up. He did not know jack was going to hit a homerun. He always taught me if youre ever put on the spot, do the right thing and everything will work out fine. Reporter georges son says the photo was such a treasured keepsake, his dad displayed it in the Family Living room until the day he died. This was long before the Civil Rights Movement, before rosa parks. In that context, some might think a very brave thing to do. I agree with you. Some members of the team some didnt want to bat after jackie. It is sad to see that, bu but george and jack became friends, and they showe