ABLE TO DO THAT.

♪♪ AND EARLIER THIS WEEK, HIS OFFICE FILED RACKETEERING AND OTHER CHARGES AGAINST 18 PEOPLE IN A MEDICAID CAREGIVER FRAUD CASE, THE LARGEST CASE UNCOVERED BY THE STATE'S MEDICAID FRAUD UNIT.

ATTORNEY GENERAL KEITH ELLISON JOINS US.

>> THE ATTORNEY GENERAL IS AUTHORIZED TO ISSUE CERTAIN OPINIONS AND IN THE CASE OF THE EDUCATION THEY'RE BINDING.

SO WE MADE IT CLEAR THAT PURSUANT TO THIS LETTER WHICH WAS A RESPONSE TO COMMISSIONER JETT WHO IS OUR COMMISSIONER 6 EDUCATION, THAT THE AMENDMENT, THE NEW LAW, DOES NOT LIMIT THE TIMES OF REASONABLE FORCE THAT MAY BE USED BY SCHOOLS STAFF, AGENTS, TO PREVENT BODILY HARM OR DEATH.

SO I THINK THAT WE'VE TRIED TO CLARIFY THE LAW, IF A SCHOOL RESOURCE OFFICER OR ANY OTHER PERSONNEL NEEDS TO USE REASONABLE FORCE TO STOP BODILY INJURY OR DEATH, THEY CAN CERTAINLY DO THAT.

AND IF A STUDENT IS CREATING A PROBLEM OR A CONFUSION THAT IS NOT THREATENING TO BODILY HARM, THEY CAN APPROACH THE STUDENT, THEY CAN USE VERBAL COMMANDS, THEY CAN EVEN PUT THEIR HANDS ON THE STUDENT TO RESTRAIN THEM, BUT IT'S GOT TO BE REASONABLE FORCE.

AND, YOU KNOW -- >> Cathy: WHAT IS REASONABLE FORCE?

>> YOU KNOW, IT'S A FACT-DRIVEN THING.

IN 1989, CATHY, THERE WAS A CASE CALLED GRAHAM VERSUS CONNOR WHERE THE UNITED STATES SUPREME COURT SAID IN ORDER TO PROVE A CASE OF UNLAWFUL OR UNREASONABLE FORCE OR ILLEGAL FORCE, UNCONSTITUTIONAL FORCE, THAT THE PEOPLE -- THE MOVING PARTY, THE PLAINTIFF, OR THE GOVERNMENT WOULD HAVE TO PROVE THAT THE FORCE WAS UNREASONABLE.

WHY?

BECAUSE THE FOURTH AMENDMENT TO THE CONSTITUTION TALKS ABOUT UNREASONABLE SEARCH AND SEIZURE.

SO THAT'S WHY THE COURT USES THE TERM UNREASONABLE.

IT IS FACT-BOUND, FACT-SPECIFIC.

BUT WE DO KNOW THAT IF SOMEBODY'S NOT THREATENING TO ANOTHER PERSON, THEN USING DEADLY FORCE WOULD NOT BE REASONABLE.

AND SO THAT'S -- IT'S SORT OF THE THING LIKE THAT.

>> Cathy: SO WHEN YOU HEAR REPUBLICANS SAY WE NEED A SPECIAL SESSION TO FIX THIS LAW, WHAT WOULD BE THE FIX?

YOU'RE SAYING THERE DOESN'T NEED TO BE A FIX.

>> WELL, HERE'S THE THING.

THE LAW IS NOW CLARIFIED.

SO SCHOOL RESOURCE OFFICERS CAN USE REASONABLE FORCE TO STOP BODILY INJURY OR DEATH.

AND CAN MAINTAIN SAFETY AT THE SCHOOL.

THERE MIGHT BE A POLICY DECISION, YOU KNOW, THAT MIGHT NEED TO BE MADE AND THAT'S FOR THE LEGISLATURE.

THAT'S FOR THE LEGISLATURE TO DECIDE THAT.

ONE OF THE THINGS I SAY AT THE END OF THIS LETTER IS THAT THERE WERE THER QUESTIONS THAT WERE POSED TO US.

THEY'RE BEYOND THE SCOPE OF THE INQUIRY MADE TO US.

AND THEY NEED TO BE SORTED OUT IN THE LEGISLATIVE PROCESS.

>> Eric: MEDICAID FRAUD CASE, $9.5 MILLION, I GUESS, CHARTED IN THIS THING.

WHAT ARE THE PARTICULARS?

>> WELL, IN PARTICULAR, WE HAVE ABOUT 18 PEOPLE WHO PULLED TOGETHER A FRAUDULENT GROUP THAT WAS DOING FALSE BILLINGS, THAT WAS SAYING THAT THEY DID WORK THAT THEY NEVER DID.

THAT WAS DOING WORK AND SAYING THEY HAD AUTHORIZED SUPERVISION AND MEDICAL AUTHORIZATION THAT THEY DIDN'T HAVE.

AND SO WE'RE CRIMINALLY PROSECUTING THEM.

THE FIVE MENTIONED IN THE COMPLAINT ARE THE RING LEADERS.

AND WE'RE GOING TO CONTINUE -- WE'RE GOING TO HOLD THEM ACCOUNTABLE, BECAUSE, LOOK, LOW-INCOME PEOPLE NEED HEALTHCARE ACCESS, AND IF YOU RIP OFF THE PROGRAM, IT WON'T BE THERE FOR EVERYBODY.

AND SO WE'RE GOING TO PROTECT THAT PROGRAM.

>> Cathy: THESE COMPANIES, THESE HOME HEALTHCARE COMPANIES, WHAT DO YOU KNOW ABOUT HOW LAX SOME OF THEM MIGHT BE WHEN IT COMES TO THEIR OPERATIONS?

>> YOU KNOW WHAT?

THEY -- YOU HAVE SOME OF THESE COMPANIES THAT ARE DOING THE RIGHT THING.

SOME ARE DOING THE RIGHT THING IN A SLOPPY WAY.

AND SOME ARE JUST STRAIGHT CROOKS.

AND THEY'RE RIPPING OFF PEOPLE.

AND THEY'RE -- AND SO THIS MIDDLE CATEGORY, WE'LL WORK WITH THEM.

BUT THE THIEVES AND THE CROOKS, WE WILL NOT TOLERATE AND WE'RE GOING TO CRIMINALLY PROSECUTE THEM AND THAT'S WHAT WE'RE DOING NOW.

>> Eric: HOW ACTIVE HAS YOUR CRIME PROSECUTION UNIT BEEN DOING HELPING COUNTIES AROUND THE STATE.

>> VERYBODY'S BUSY.

AND I WANT TO THANK THE LEGISLATURE AGAIN.

WE'RE HELPING RELIEVE BURDENS OF ALL COUNTIES, SMALL COUNTIES AND IT'S ONE OF THE THINGS I FOUGHT FOR SINCE MY FIRST DAY AND A GREAT -- AND IT WAS A REALIZATION OF A DREAM, WHERE WE GOT ALL OF OUR CRIMINAL PROSECUTORS, WE'RE FULL UP, FULL STAFFED.

WE DIDN'T WAIT AROUND AND WE STARTED HIRING AND LISTING THOSE JOBS RIGHT AWAY.

>> Eric: WE APPRECIATE YOU COMING DOWN TONIGHT.

THANK YOU VERY MUCH.