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Mississippi sheriff aims to avoid liability from federal lawsuit over torture of Black men_我的网站

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一 |     人民日报北京4月22日电      (记者王洲)近日,北京市人民检察院、北京市公安局、北京市工商业联合会制定发布了《科创型中小企业合规管理指引(试行)》(以下简称《指引》),明确了相关企业合规管理的重点领域和重点环节。  按照《指引》要求,科创型中小企业合规管理的重点领域包括优惠政策申请、营收工作管理、知识产权保护、网络和数据安全保护等方面。

二 |     JACKSON, Miss. -- The Mississippi sheriff who leads the department where former deputies pleaded guilty to a long list of state and federal charges for the torture of two Black men has asked a federal court to dismiss a civil lawsuit against him. Michael Corey Jenkins and Eddie Terrell Parker were abused in a case of extrajudicial violence that even the sheriff they're suing called the worst case of police brutality he had ever seen. But Rankin County Sheriff Bryan Bailey's attorney argues Jenkins and Parker's $400 million lawsuit against Bailey should be dismissed because the sheriff is entitled to “qualified immunity,” a legal concept that often shields police officers from civil penalties for alleged abuses. Court records show that attorney Jase Dare asked to dismiss the lawsuit on Oct. 6, just one day after a settlement conference was filed with the court. A settlement conference is scheduled when the parties in a lawsuit try to settle a case before trial. On Friday, Jenkins and Parker's attorneys, Malik Shabazz and Trent Walker, called Dare's motion “meritless.”“We believe that the totality of the evidence shows the brutality of the ‘Goon Squad’ was a longstanding problem. The brutality was not just limited to these five deputies, and it’s something that has existed during the entirety of Bryan Bailey’s tenure as sheriff," Walker said. In January, five white former Rankin County deputies and a police officer from a nearby department burst into a house without a warrant after someone phoned one of the deputies and complained that two Black men were staying with a white woman.The officers handcuffed and assaulted Jenkins and Parker with stun guns, a sex toy and other objects. The officers also used racial slurs over a 90-minute period that ended with former deputy Hunter Elward shooting Jenkins in the mouth during a “mock execution.” Then, the officers devised a cover-up that included planting drugs and a gun, leading to false charges that stood against the victims for months. Prosecutors say some of the officers nicknamed themselves the “Goon Squad” because of their willingness to use excessive force and cover up attacks.In March, an Associated Press investigation linked some of the deputies to at least four violent encounters with Black men since 2019 that left two dead and another with lasting injuries. One of those men was Pierre Woods, who was shot and killed by Rankin County deputies in 2019. A family member sued Bailey over Woods' death. Court records show a settlement agreement for an undisclosed amount has been reached through the 5th U.S. Circuit Court of Appeals' mediation program. The settlement still must be approved by a chancery court. At least two of the deputies who shot at Woods, Elward and Brett McAlpin, went on to participate in the illegal raid in January. For months, Bailey said little about the episode. After the officers pleaded guilty to civil rights charges in August, Bailey promised to change the department. In his motion, Dare said Jenkins and Parker do not allege that Bailey personally participated in the events but failed to train the deputies adequately. He said internal department policies show the deputies underwent training that complies with the law. He also said none of the allegations are enough to overcome qualified immunity and hold Bailey liable for the illegal actions of his deputies. The law enforcement officers include former deputies McAlpin, Elward, Christian Dedmon, Jeffrey Middleton and Daniel Opdyke, and a former Richland police Officer Joshua Hartfield, who was off-duty during the assault. They agreed to sentences recommended by prosecutors ranging from five to 30 years, although the judge isn’t bound by that. They are scheduled to be sentenced on Nov. 14. ___Michael Goldberg is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow him at @mikergoldberg.。在营收管理方面,《指引》要求有关企业加强企业银行结算账户管理,不得实施将公司营收转入个人账户或者以个人名义开立账户存储公司资金等违法违规行为,防止公司与个人财产混同可能导致的对外承担无限连带责任以及职务侵占、挪用资金等违法犯罪行为发生。重点环节则包括企业相关制度制定、经营决策、科技研发、生产运营等。

三 |   《指引》要求企业加强对重点人员的合规管理。在管理人员方面,要求切实提高合规意识,带头依法依规开展经营管理活动;在重要风险岗位人员方面,要求根据合规风险评估情况界定相关岗位,同时加大培训,使相关岗位人员熟悉并严格遵守业务涉及的各项制度等。

四 | 本次发布的《指引》是鼓励性指引规范,有利于实现相关企业变“被动合规”为“主动合规”,尽早构建完善的合规管理体系,确保经营行为合法合规。

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