Harass A Republican, Lose Your Phone
Areas of Focus | 2008/09/02 15:54
Ramsey County has obtained an emergency order allowing it to order telephone companies to turn over the names and numbers of anyone who makes harassing phone calls during the Republican National Convention, and to cut off those people's phone service, for the purpose of "public safety." The order will expire when the Republican convention ends.

The order ostensibly is aimed at anyone who might make "ongoing hang-up calls to the Ramsey County Emergency Communications Center" During the Republican Convention.


Racism Alleged In Bizarre Punishment
Areas of Focus | 2008/08/28 15:58
Top administrators at a Camden middle school forced an entire bilingual class of Hispanic children to eat on the cafeteria floor for a week because one student accidentally spilled some water, and when the teacher complained, the principal and vice principal fired him immediately on trumped-up charges, the teacher claims in Federal Court.

Jose Rivera sued the Camden Board of Education for discrimination and wrongful firing. He claims that in February this year, on a day he was absent, a student in his bilingual class accidentally spilled some water while trying to change the jug in a water cooler. Rivera says the vice principal Theresa Brown, who is black, "decided that the Hispanic children would have to eat lunch on the floor of the cafeteria without trays, while the African-American and mixed classes sat at lunch tables with trays. This went on for more than a week before the Plaintiff learned of the punishment."

Rivera adds, "Also unbeknownst to the Plaintiff, Brown had threatened the children with further punishment if the children told anyone about her outrageously demeaning and discriminating punishment."

He claims that one of the children's parents went to the school at the end of February to complain to the principal, Alex DeFlavis, who is white. Rivera says DeFlavis refused to speak to the parent, but the principal's secretary took the complaint, and related it to the plaintiff.

Rivera said he spoke to his children, who told him of their punishment, and the threat of more punishment, and he told them to tell their parents to contact the Board of Education.

"After receiving the parents' complaints, the Board of Education immediately retaliated against the Plaintiff, reprimanding and suspending the Plaintiff for failing to notify the Principal, even though the Principal already knew and had taken no action. The Plaintiff never worked another day for the Defendants," the complaint states. He was fired on March 18 for "conduct unbecoming of a board employee." Rivera says vice principal Brown was not fired, but was transferred to another school.

"After a public uproar, nationwide press coverage, newspaper editorials, and parent demonstrations related to the Plaintiff's termination, the Defendants changed the reason for terminating the Plaintiff to 'insufficient certification.' This was a transparent pretext, since numerous bilingual teachers were given a class by the Board in May 2008 to complete their certification, and if the Plaintiff had not been terminated, he would have taken the class in May with the other teachers and completed his certification," the complaint states.
He demands preservation of evidence and damages for wrongful firing, discrimination and civil rights violations. He is represented by Alan Schorr of Cherry Hill.


EPA Can Inspect Ship for Chemicals, Court Rules
Areas of Focus | 2008/08/27 20:01
The Environmental Protection Agency can inspect a former U.S. Navy hospital ship for toxic chemicals, the 4th circuit ruled.

The EPA was issued a warrant under the Toxic Substances Control Act to board the M/V Sanctuary, built in 1944, to test for polychlorinated biphenyls (PCBs), which may lead to reproductive and developmental problems.

Potomac Navigation Inc. bought the ship for $50,000 at a court-ordered auction in 2007, with plans to use it for storage or as a hotel platform, but ship recycling consultant Polly Parks warned that ship buyers often sell PCB laden ships to third-world countries for a "huge profit on the scrap metal market," the ruling states.

Environmental group Basel Action Network intervened before Potomac had a chance to move the ship offshore, saying the possible presence of PCBs on the vessel demanded that it remain at the Baltimore pier under the Act's export clause. As a result, the district court ordered the ship to stay docked.

Potomac argued that the ship was exempt from the Act's regulations because it was not intended for commerce, but could not prove that PCBs "were not distributed in commerce before the ship was built," Judge Michael wrote.

The appeals court said that the export concern was "immaterial" to finding probable cause, because sampling and research data showed that there were likely PCBs on the ship, prompting an EPA inspection. A ship recycling firm that considered bidding on the Sanctuary had already confirmed the presence of PCBs, the ruling states, finding four out of five paint samples contained PCBs in concentrations greater than 50 parts per million.

The three-judge panel found that public health interests outweighed the possible economic loss of the ship, and encouraged the EPA to either determine if possible PCBs were "totally enclosed," as required by the Act, or call for proper disposal.  


Court upholds sentence for I-65 sniper
Areas of Focus | 2008/08/24 15:25

An attorney for 19-year-old Zachariah Blanton had appealed the sentence as inappropriate, arguing that the shooting “was a more or less routine act of manslaughter, if such a thing is said to exist.”

But in an eight-page ruling, the court disagreed, noting that the shooting terrorized drivers who had done nothing to make Blanton angry, and the trial court was free to consider that as an aggravating factor in his sentence.

“The harm to the motoring public is inherent to this offense — randomly and intentionally shooting at cars with a rifle from a highway overpass creates a public fear beyond that of the ’ordinary’ manslaughter in which the victim is at least associated with creating the sudden heat that results in the death,” the court wrote in its ruling Thursday.

Blanton pleaded guilty in December to charges of voluntary manslaughter and criminal recklessness. Blanton fired his hunting rifle into Interstate 65 traffic on July 23, 2006, from an overpass near Seymour, about 60 miles south of Indianapolis, killing 40-year-old Jerry L. Ross of New Albany. An Iowa man traveling in another pickup also was injured.

The defense said that Blanton had fired at Ross’ pickup in a sudden heat of anger after an emotional clash with relatives during a deer hunt.

Blanton’s attorney, Alan Wilson, also argued among other things that the judge improperly considered Blanton’s lack of remorse because the court record did not support such a finding. But the Court of Appeals found that the record did not mention remorse because Blanton never expressed any, and noted that he bragged about his crime while he was in jail.



City of New York reaches settlement in unlawful arrest suit
Areas of Focus | 2008/08/21 15:47
The City of New York agreed to pay approximately $2 million to settle a lawsuit brought by protesters who had claimed they had been illegally arrested, according to Tuesday statements made by the city's Law Department. In April 2003, city police arrested anti-war protesters while they were holding a demonstration outside the offices of military investment firm Carlyle Group, asserting that they were obstructing a sidewalk and engaging in disorderly conduct, but the protesters were later either released or acquitted of the charges. The group argued that the city violated their rights to free speech and assembly, maliciously prosecuted and falsely imprisoned them, and failed to reprimand officers who had assaulted and battered them. In agreeing to the settlement, the city admitted no wrongdoing, but in a statement from the Center for Constitutional Rights, which helped to file the claims, one protester was quoted as having said that she hoped the settlement would change city and national policy:

   We hope our victory helps convince the City to stop violating people's rights as a matter of policy and stop wasting taxpayers' money doing so... It should also serve as a reminder that Washington's illegal war in Afghanistan and Iraq is also being fought at home – against its own citizens and in the name of war profiteers like Carlyle and Halliburton. We intend to continue our resistance until this stops.

The city has come under a great deal of criticism for its handling of protesters, and in April the New York Civil Liberties Union settled its lawsuit against the New York Police Department in which the NYCLU had challenged the department's protocol for dealing with large protests. In August 2007, The US District Court for the Southern District of New York ordered the NYPD to redact and turn over hundreds of field intelligence reports containing information it had gathered through covert surveillance of organizations planning demonstrations at the 2004 Republican National Convention.  The NYCLU has also forced the NYPD to destroy hundreds of fingerprint records obtained as a result of other mass arrests of peaceful protesters.


Fifth Circuit rules on jurors using Bible
Areas of Focus | 2008/08/15 15:53
The US Court of Appeals for the Fifth Circuit on Thursday refused to grant a writ of habeas corpus to convicted murder Khristian Oliver, who had argued that his Sixth and Eighth Amendment rights were violated when the jury took Bible passages into account when deliberating on his eventual death sentence. The US District Court for the Eastern District of Texas had made a factual finding that the Bible did not influence the jury’s decision, and the Ninth Circuit held that Oliver did not present clear and convincing evidence rebutting that finding. The parties agreed that a particular Bible passage was consulted by jurors:
  
And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death. And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death. Or if he smite him with an hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death. The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him. Numbers 35:16-19 (KJV).

The Circuits are split on the proper approach to interpreting whether the Bible constitutes an improper external influence. The Ninth Circuit on Thursday held that in such a situation, "the juror has crossed an important line."

The state of Texas has come under criticism lately for executing two foreign nationals after the International Court of Justice ordered the US to stay such executions. Earlier this month, Texas executed convicted murderer Heliberto Chi, a Honduran man who had argued that he was improperly prevented from contacting his government in violation of the 1963 Vienna Convention on Consular Relations. Last month, lawyers for Mexico made a similar argument before the ICJ in an unsuccessful attempt to block the execution of Mexican citizen Jose Ernesto Medellin.


Unsafe Practices Alleged At Firing Range
Areas of Focus | 2008/08/14 15:57
Andrews International, which runs a purportedly "lead-free" firing range in Burbank, fired its managers for protesting that company owner Randy Andrews repeatedly allowed lead bullets to be fired there, including a case where actor Brendan Andrews fired a machinegun, the managers claim in Superior Court.

John and Patricia Rives claim Andrews fired them for blowing the whistle on his illegal activities. The Rives claim the defendants, which include Advanced Tech Security, repeatedly violated their permit to run the Andrews International Training Center Indoor Firearms and Shooting Range in Burbank.

After being hired in May 2003, the Rives say, "Almost from the beginning, the plaintiffs realized that the 'lead-free' concept was being ignored by friends of family of owner Randy Andrews."

The Rives say Andrews repeatedly provided lead ammunition and assault rifles for their friends and family to fire, over the Rives' protests.

John Rives claims his blood was contaminated with lead by the unsafe practice, and when he complained, Andrews said he was "not concerned" about it, because it was "cheaper" to use lead ammunition.

"The last incident occurred in July 2007, when Vice President Don Anderson allowed Hollywood actor Brendan Fraser to utilize machine guns at the range using leaded ammunition," the complaint states. "Plaintiff told the weapons handler from the movie studio that only lead free ammunition was to be used, and he responded that he had the permission from Don Anderson to use this type of ammunition as it was cheaper and worked with these types of guns. Brendan Fraser actually complained about the smoke and he was warned to wash his hands, face and clothing before returning home.

"Plaintiff again protested this activity to Mr. Anderson; he also reported new test results which again showed elevated levels of lead in his blood. On August 14, 2007, after the last of these complaints, the plaintiffs were fired and given pretextual reasons therefor."

The Rives demand punitive damages. They are represented by Brian Brown of Tustin.


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