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Law enforcement to remain shielded from lawsuits for now as Supreme Court declines to review qualified immunity
As weeks of protest against police misconduct have raised questions about how best to increase accountability, the U.S. Supreme Court Monday chose not to review the qualified immunity doctrine, one of the foremost protections law enforcement officers have from punishment for misconduct.
The decision comes as a blow to these efforts but was not necessarily surprising, St. Edward's criminal justice professor Carsten Andresen said.
"The Supreme Court is very nervous about weighing in on anything that can have implications for how the police do their job," Andresen said. "I do think in the future, though, that this is going to be up for review. Lawyers are held responsible for the work they do, physicians are held responsible for the work they do … the legal community is going to start raising questions."
Qualified immunity defends government officials from being personally held liable for constitutional violations so long as they have not "violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known." As a result, police officers are often shielded from being sued, even in cases of excessive force, and a lack of cases overcoming this standard has made new lawsuits hard to win.
Questions about how to address the misconduct of police officers has been a topic of conversation around the country following the death of George Floyd at the hands of an officer in Minneapolis. Just over a month before Floyd's death, an Austin officer fatally shot Michael Ramos as he attempted to flee in his car. Ramos' case spurred a similar push in Austin.
Without qualified immunity for police officers, or at least a lower bar for overcoming it, Ramos' family might be able to sue the officer that shot him, Christopher Taylor, for damages, Andresen said.
Hesitancy by the Supreme Court to take up qualified immunity, or any case that could interfere with the ability of law enforcement to do its job, will likely continue for a while, Andresen said. For the court to take up any major changes to law enforcement, Andresen said it would likely take a very compelling case, and even then it could be 10 years from when the case begins before the court makes a decision.
However, the recent ubiquity of videos capturing law enforcement misconduct could potentially speed things up or affect how the court makes its decision, Andresen said.
"I'm a criminal justice researcher. I've always known that there are these problems, but knowing these problems (exist) and then seeing an actual video, it's so much worse in some cases than I might have imagined."
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After two years of no in-person events, Austin festival South by Southwest has agreed to give 50% of ownership to P-MRC, a Los Angeles company that controls publishing operations for Rolling Stone and Billboard.
The media venture was founded in 2020 and is part-owned by Jay Penske, racer Roger Penske's son and head of Penske Racing and Penske Media.
The move comes after the COVID-19 pandemic left the festival with two years worth of hemorrhaging funds. SXSW organizers were left scrambling for solutions in March 2020 when the city of Austin canceled the festival at the onset of the pandemic. One-third of the festival's 175 year-round employees were laid off, and the festival ran a shortened virtual event in 2021.
SXSW CEO and co-founder Roland Swenson said in a statement that the company is grateful to get aid when they need it most and that they are now looking to the future.
"It has been an incredibly tough period for small businesses, SXSW included," Swenson said. "When Jay Penske approached us with an interest in becoming a partner, it was a true lifeline for us. Both of our companies share a passion for producing high-quality content that helps shape modern culture, so this feels like a natural alliance."
Both of Austin's big-name festivals are now in the hands of out-of-town buyers. In 2014, homegrown festival Austin City Limits was bought in part by LiveNation, who took 51% ownership in Austin live promoter C3 Presents.
While SXSW was still online-only this year, it was aided in part by big-name guests such as Matthew McConaughey, Willie Nelson, Chance the Rapper and Bill Hader.
The fest has captured the essence of Austin arts and culture for 34 years, and it doesn't plan on stopping now. With P-MRC by its side, SXSW said it plans on keeping its unique identity but expanding operations as it prepares for an in-person celebration next spring.
"Since 1987, SXSW has been the world's premier festival centered at the convergence of tech, media, film, and music," Penske said. "Today SXSW continues to be one of the most recognized brands for empowering creative talent and bringing together the brightest creators of our time. As part of this significant investment, we plan to build upon SXSW's incredible foundation while extending the platform further digitally and assisting Roland and his incredible team to bring their vision to even greater heights."
With their future restored, SXSW's newest slogan rings truer than ever: "See you next year at SXSW!"
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APD captures suspect of domestic violence killing Stephen Broderick. (Austin Police Department/Twitter)
Stephen Broderick is now in police custody for a suspected domestic violence incident that killed three in northwest Austin on Sunday.
After initially being called an active shooting incident, joint local law enforcement and more than 75 FBI agents proceeded with an almost day-long manhunt with three helicopters and on-ground teams for former Travis County deputy Broderick. Police captured him after a 911 caller reported a suspicious man walking along U.S. 290, where he was taken into custody.
Police believe the victims, who have been identified as two Hispanic women and one Black man, knew their assailant. A child was involved but is now safely in police custody. Two of the victims have been identified as former and current Elgin ISD students: Alyssa Broderick and Willie Simmons III.
The school district released a statement offering its condolences to the families. Alyssa was enrolled until October 2020 and played on the basketball team. Simmons was a senior at Elgin High School where he was captain of the football team and had been recruited to play football at the University of North Texas.
Travis County Sheriff Sally Hernandez released the following statement on the incident: "I'm truly heartbroken that a former Travis County Sheriff's Office Deputy is the suspect in such a horrific incident. TCSO is standing by to provide any, and all assistance we can to the families of the victims in their time of need. I'm proud of the integrity and professionalism shown by the men and women of TCSO, APD and other law enforcement agencies, who worked tirelessly throughout the night to locate Stephen Broderick. I'm especially grateful to the vigilant citizen who called 911 after seeing Broderick, and to the Manor PD officers and TCSO deputies who took him into custody this morning."
APD @Chief_Chacon provides updated media briefing in relation to Great Hills Trail incident. - PIO8 https://t.co/47siNWhARI
— Austin Police Department (@Austin_Police) April 18, 2021
During a press briefing at 4:45 p.m. on Sunday, Interim Police Chief Joe Chacon said law enforcement was on the scene for several hours investigating the incident with 41-year-old Broderick.
"We're very sorry that obviously this has happened and we continue to try and locate this individual, we are transitioning from a search in this area to a fugitive search and those efforts will continue until this person is located," Chacon said. "I don't want anyone to think that we're packing up and going home. We're going to continue to look for this individual because he continues to pose a threat to this community."
#texasshooting #masshooting Arboretum shooting Austin. pic.twitter.com/SkIsgDoYHt
— Jamie Hammonds (@jamie_hammonds5) April 18, 2021
This story has been updated at 8 a.m. Monday to include the latest information.
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Formula 1 is returning to Florida for the first time since 1959, announcing that the brand-new Miami Grand Prix will join the calendar in 2022 and Austin will no longer be the only F1 race in the U.S.
Held at the Hard Rock Stadium complex in Miami Gardens, this will be the first race in the Sunshine State in 62 years. With a new track setup, F1 will loop the stadium, home of the NFL's Miami Dolphins.
Excited for @F1 @f1miami @HardRockStadium - a Global Entertainment Destination. This event will bring opportunities for so many and will be world-class. Thank you to @gregmaffei #chasecarey #stefanodomenicali @MayorRHarris @Ogilbert @CommishDiaz @MayorDaniella pic.twitter.com/n6dDDD1cPX
— Tom Garfinkel (@TomGarfinkel) April 18, 2021
The new 3.36 mile circuit has 19 corners, three straights and potential for three DRS zones, with expected top speeds of 198 mph.
Now with two races in the U.S., F1 President Stefano Domenicali said they will avoid having back-to-back events by keeping the Miami Grand Prix separate from the U.S. Grand Prix, which is held at Austin's Circuit of the Americas.
The date of the race has yet to be confirmed, though Domenicali said he expects the first race in a 10-year deal to take place in the second quarter of 2022. Austin's race will take place on Oct. 24 this year.
"The USA is a key growth market for us, and we are greatly encouraged by our growing reach in the U.S. which will be further supported by this exciting second race," Domenicali said.
Miami will mark the 11th race location in the U.S. since the Championship began in 1950: Circuit of The Americas in Austin; Dallas, Texas; Indianapolis, Indiana; Sebring, Florida; Riverside, California; Watkins Glen, New York; Long Beach, California; Las Vegas, Nevada; Detroit, Michigan and Phoenix, Arizona. COTA was first opened in 2012.
Domenicali said F1 will be working with the FIA and the Hard Rock Stadium to leave a lasting impact on the community: discounted tickets for residents, a program to support local businesses and a STEM education program through F1 in schools.
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