Gym Teacher Sues Claiming 6 Year Old Bullied And Injured Him

GYM TEACHER BULLIED

 

October 2012 is Bullying Prevention Awareness Month and while bullying can take many forms, a burly gym teacher in New York is now suing the Department of Education for the debilitating injuries he suffered at the hands of a six year old boy.  Pause….take a drink.  OK.   John Webster, a physical education teacher at PS 330 in Queens, had a “scuffle” with six year old, 50 pound Rodrigo Carpio last April, leaving Webster with injuries to his right knee and ankle. Webster has been unable to work since his run-in with the tiny terror and is seeking compensation for his medical expenses and damages. Webster claims the school knew about Carpio’s propensity for pint sized violence, but did nothing about it. He also alleges the boy has a history of being combative with his fellow students and assaulting teachers. Webster, a former college football player, was chaperoning Carpio and other students to the cafeteria when the boy got out of line. When he wouldn’t calm down, Webster tried to restrain him, but he fought back with kicks and bites to not only Webster, but the school principal and safety officer. The incident resulted in a call to police, but no action was taken. The boy’s parents claim he is now taking medication for a behavioral disorder, but if he had similar incidents of school violence in the past, why did the parents wait until NOW to seek medical help for their child? This is not the first time tiny students have wreaked havoc in school. In 2005, a substitute teacher in New York died when a nine year old boy struck her in the chest after refusing to do an assignment. And, in April, the story of six year old Salecia Johnson caused a firestorm when she was taken to the police station in handcuffs and charged with battery and criminal damage (all charges dropped). Schools have a responsibility to keep children safe and foster learning, but it is also up to the parents to instill discipline at home, although far too often, parents leave that job to the schools. A violent six year old will grow up into a violent adult, but according to Carpio’s school, when it urged his parents to seek medical care, they would not allow their son to be hospitalized. It may seem ridiculous for a 220 pound former football player to claim he was beaten up by a child, but given how teachers need to exercise restraint in disciplining their students, it is not that farfetched for a student to inflict damage on one unable to fight back. Teachers have a right to be safe in schools. Pay the man for his injuries, New York City Department of Education.

“Man” Rapes a 14 Year Old – She Gets Pregnant – He Gets Visitation and Parenting

RAPIST VISITATION

 

Better sit down for this one……..Despite pleading guilty to raping a 14 year old girl in 2009, a Massachusetts man is not in jail, but rather battling his victim in Family Court for visitation of the child resulting from the rape. If a woman chooses not to abort a rapist’s child, the rapist can obtain custody and visitation rights in 31 states, a travesty for those women who may be forced by the legal system to foster a relationship between a child and the man who raped that child’s mother. Prosecutors originally sought three to five years in prison for Jamie Melendez, however, even after pleading guilty to four counts of statutory rape of a child (a felony in Massachusetts!), he was given essentially a slap on the wrist sentence of sixteen years probation. This sweetheart deal also included an acknowledgment he was the baby’s father, which then required him to pay child support and opened the door to a visitation fight. The victim’s attorney filed a motion asking the Judge to amend the probation conditions to reflect Melendez must pay “restitution” as opposed to “child support,” but in the meantime, his victim is terrified she and her now two year old daughter will be forced into a relationship with a man who tormented her. Moreover, in addition to visitation, if Melendez is granted any rights to the child in Family Court, he could also have a say in the child’s education and where they live. By sending this case to Family Court (home of the most moronic Judges), the sentencing judge basically decriminalized Melendez’s behavior and minimized the seriousness of his actions. He pled guilty to raping a 14 year old girl, a rape that resulted in the birth of a child. Let the girl and her daughter move on. Melendez should not be rewarded with the privilege of a relationship with this child. He is the biological father, however, it takes more than biology to be a true father. Sixteen states have protections for women who have been raped, either banning the rapist from visitation or allowing the victim to terminate the other parent’s rights. There are 34 state legislatures which need to make those protections a nationwide clean sweep.

 

Terrence Williams Execution Stayed Due to Prosecutor Misconduct of Andrea Gelman Foukes

TERRANCE WILLIAMS

 

In 1986, Terrance Williams was convicted of murder and sentenced to death in connection with the brutal homicide of Amos Norwood. Williams was scheduled to be the first person put to death in Pennsylvania in 50 years when Philadelphia Judge M. Teresa Sarmina halted the execution with a bombshell ruling the trial prosecutor engaged in “gamesmanship” in order to attain the conviction. Prosecutor and now Assistant United States Attorney Andrea Gelman Foukes testified about her work in the case last week and, in a huge boon to Williams, Judge Sarmina found Foukes’ testimony not credible. Sarmina additionally found evidence unearthed this week from police files and Foukes’ own notes which could have led the jury to vote against the death penalty if they knew more about the victim and his relationship with Williams. The judge tossed Williams’ death sentence and granted him a new sentencing hearing, which of course, the Philadelphia’s DA office vows to appeal. But, why not a new trial? Based upon Judge Sarmina’s commentary on the misconduct of the prosecutor during the 1986 trial – suppressing evidence, sanitizing witness statements and lying about a secret deal with Williams’ accomplice – it appears there are a multitude of reasons why a new trial should be considered. New trials may be sought based upon newly discovered evidence, meaning evidence not known during the trial, evidence material and not cumulative, the failure to learn of the evidence was not due to a lack of diligence and the evidence will probably mean a different result at trial. Moreover, new trials may be requested in the interest of justice, including prosecutorial misconduct. Here, the prosecutor’s misconduct rises to Mike Nifong Duke levels and the fact a man’s life is on the line should cause the court to take pause and consider how the mishandling of evidence and prosecutor’s desire to win at all costs affected the original trial, not just the sentencing phase. Pennsylvania is notorious for its unfair application of the death sentence and a special commission is currently looking into whether reform of the capital punishment system is possible or if the death penalty should be abolished in the state once and for all. Trial Prosecutor Foukes has repeatedly dismissed Williams’ appeals as bogus, but clearly her statements were meant to detract from the real bad guy in this scenario: HERSELF. Terrance Williams may not be a saint, but he still deserved a fair trial with due process and constitutional protections. This notch on her conviction belt prosecutor apparently missed that lesson in law school and in life.

 

Texas Cheerleaders Cheering for Team and Jesus

TEXAS CHEERLEADERS

 

In one Texas town, the high school football cheers have taken a turn from “Go Team!” and “Be Aggressive” to Bible quotes and praising Jesus. But, the religious fervor morphed into outrage when the cheerleaders were told they could no longer adorn their football banners with Christian commentary. For three weeks, the Kountze High School football team started each game by running through large banners praising Jesus and in this town of 2,100 northeast of Houston, most saw it as an example of the students’ admirable morality. However, when one complaint made its way to the Freedom From Religion Foundation, the  organization promptly fired off a letter to the school superintendent with a reminder about the separation of church and state. This week, a judge granted a request to temporarily bar carrying out the ban and a hearing is set for early next month, but how will this town reconcile the students’ First Amendment right to free speech with the separation of church and state in public schools? In 2000, the Supreme Court held in Santa Fe Independent School District v. Doe the school district’s policy of allowing student led initiated prayer at football games violated the Establishment Clause and gave the impression the school was sponsoring prayer. In Kountze, the school superintendent stated people in the stands and students are allowed to express their beliefs, but no person officially representing the school as part of a team may do so. Lawyers for the Liberty Institute, a non-profit law firm dedicated to religious liberty claims the cheerleaders are simply spreading well wishes and are not asking anyone to believe one way or the other. Unfortunately for the cheerleaders, the Supreme Court is not on their side and their days of religiously motivated cheers will come to an end before the football season sees its last pass. The Santa Fe case is clear religion has no place at a public school football game. Moreover, in different religious contexts, district courts have found a cross on public property must be removed (Mount Soledad case) and a Ten Commandments display in a courthouse was unconstitutional (McCreary County  v. ACLU of Kentucky…a new appeal regarding the allowance of the display was filed by Kentucky in 2010). So, while cheering for Jesus may soon be over in Kountze, the parents in this small town should take heart they are raising children with strong values, who will fight for what they believe in.

 

Kwame Kilpatrick Faces the Music in the Motor City

KWAME (KWAMSTER) KILPATRICK

 

After crying he could not get a fair (black) jury in Detroit all of a sudden,  the Kwamster got a very diverse jury of 5 Black, 1 Hispanic, and 6 Whites to hear his projected 4 month corruption trial.  The selection process was extremely contentious and the defense continued to assert Batson like challenges against the Govt strikes, selections and juror questioning.  In the end, Judge Nancy Edmunds upheld all the challenges and now the curtain opens.  Now, based on last minute harsh publicity the defense will make a change of venue demand for the record however, be assured NOTHING will prevent this trial from beginning Friday.  Krame is facing extremely serious corruption allegations which if proved, could very well provide Krame spend the rest of his days in prison.  AGAIN, the Federal Sentencing Guidelines are way too harsh and need to be reformed.  The Kwamster has previously tasted jail life for being sentenced to 4 months in jail and fined $1 million for lying in a deposition in a case involving the City of Detroit – obstruction of Justice.  While on Probation, a Judge found him guilty of hiding assets and sentenced him to 14 more months.  In 2010 Kwame and others were charged (current trial) with 38 federal counts including racketeering, bribery and tax evasion with allegations he ran the govt like a crime family and he shook down city contractors for bribes.   With many of his “friends” now Rat witnesses against him the defense will have their hands full as we always do.  Do not turn the lights out just yet on the Kwamster – a lot can happen in a 4 month trial.

Hooters Sued Over Ethnic Slur in Brooklyn Federal Court

HOOTERS SUED OVER ETHNIC SLUR: 

 

A Korean immigrant, recently made a US citizen has sued Hooters restaurant in Brooklyn, NYC Federal Court for racial discrimination after discovering an ethnic slur on his food receipt.

According to Mr. Kisuk Cha when he received his computer receipt for take out, he observed the word: “CHINX” written on it.

The hostess who wrote the words promptly apologized and resigned from Hooters. Hooters policy is to ID customers on sales receipts by an article of clothing NOT by race.  In fact, Hooters conducted their own internal investigation and went back 3 months of the 20 year old Hostess’ receipts and found no other instances of this type of behavior.

Mr. Kisuk  says he is humiliated and now he is afraid to go into non-asian restaurants.

I predict Hooters will stay strong on this one and not fold to any settlement pressures.  If the case goes to trial, imagine arguing to a NY Brooklyn jury, I was racially discriminated against by a racial slur!!  Fuggetaboutit,  the jurors will be on the floor hysterical.  Welcome to the Big Apple – a ni a say o my brother.  Perhaps a few dozen hot wings could settle this one out?

 

Starbucks Tip Litigation – Who Keeps The Riches

STARBUCKS TIPS CASES

After your receive your Starbucks latte, some of you leave your change as a tip in the little box by the cash register.  Just who is entitled to share in that pot of gold?

The employees (Baristas) say the money is solely theirs while their Managers also seek to share in the great wealth.  Thus, lawsuits and class certifications for class actions have commenced in NY and in MA.  Massachusetts courts have determined Shift Supervisors with Managerial responsibility along with Managers who received any part of that great tip box wealth expressly violated Massachusetts law in participating in the distribution of the wealth.

In New York, this week a Federal Court promptly dismissed the case (now on Appeal) brought by Managers who claimed Starbucks coerced them into sharing and that Starbucks violated NY Labor Laws since the Managers performed similar duties to the Baristas and thus, they should be able to share in the great wealth of the tip box.  The NY Court reasoned no labor law violation existed and further remarked, the plain language of the labor law does not grant an assistant manager the right to participate and share in the tip pool.

In fact, Starbucks policy lets baristas and shift supervisors manage the tip box since they are typically hourly workers, as opposed to Managers who are typically salaried positions with additional benefits like sick pay, vacation days, health coverage.

Point is, if employees can demonstrate they have a right to the tips, they may prevail.  In NY and MA, the Managers failed.  Each jurisdiction is different and since dismissals are rare, we just may not have heard the last of this New York case.

Jeffrey MacDonald Tragic Court Tale – Possible New Trial

JEFFREY MACDONALD

After more than 4 decades of rotting in prison based upon his conviction for the brutal deaths of his wife and daughters in 1970, Jeffrey Macdonald (Fatal Vision and The Journalist and the Murderer) thanks to the 4^th Circuit Ct of Appeals ordered him back in Federal Court in North Carolina for a 10 day hearing which MIGHT get him a new trial.

Sparking this procedure is a devastating exposure of the incompetence and corruption which led to Macdonald’s conviction and which is claimed to currently obstruct his appeals.  No parole can be granted since at all times, Macdonald has denied his guilt.

At the crux of the arguments will be:  evidence of innocence wrongly excluded from the trial including multiple confessions from other suspects.  The claim will be that Military Police and civilian prosecutors assumed a conclusion and randomly and quickly selected evidence to prove it by excluding other exculpatory (evidence which is favorable to the defense) evidence.

Law enforcement’s task is made much easier when an idea is formulated and then the puzzle is constructed in a manner made to fit it.  The Hearing is projected to demonstrate the sloppy investigation of the bloody crime scene by Military Police and the despoiling of evidence.  The defense will argue this was a copycat of the Manson murders since Macdonald at all times claimed he fought with the 3 hippies and 1 woman who killed his family.

Initially, the case was considered a military hearing and the presiding officer recommended dismissal based upon insufficient evidence.  Macdonald then complained of the Army’s mismanagement and they re-opened the case again and turned his once supportive in-laws against him.   Police at the time did find the woman described by Macdonald, interrogated her, gave her a polygraph test (she passed) during which she admitted she was present along with her boyfriend who also admitted his presence at the scene however, all of this information was EXCLUDED from the trial.

Seems the trial judge had a former son in law who participated in the prosecution and as an obvious gift gesture, precluded the evidence.  The woman (Helene Stoeckley) did testify at the trial and she denied ever being present despite all her prior interviews to the contrary with law enforcement again, all of which, were precluded by the Judge.

Seems, the corrupt prosecutor JAMES BLACKBURN (now a disbarred attorney) met with Stoeckley just prior to her testimony and threatened to indict her for the murders if she admitted she was present. Blackburn also denied Macdonald access to forensic evidence, DNA results, etc., all exculpatory evidence for Macdonald.  However, the ability to overturn a conviction in NC is extremely difficult and the burden upon Macdonald is daunting.  Test will be a constitutional violation coupled with clear and compelling evidence of his “actual innocence.”

Trials are supposed to illustrate searches for the truth, not forums for win at all cost corrupt prosecutors and animal, biased judges.

FAMU blames Robert Champion for his own death

FAMU – Robert Champion is responsible for his own death

 

First off, again what a tragedy.

Secondly, what an interesting case this is shaping up to be.

 

In the Family’s wrongful death case against Florida A&M, the University launched their response by arguing basically, an “Assumption of the Risk” defense and now they are seeking a complete dismissal of the case.

The University contends the 26 year old Champion KNEW full well about all the hazing rituals associated with the band, witnessed others being hazed and in fact, he discussed his apprehension with at least 2 other University students prior to his death.  The University claims the 26 year old should have withdrawn from the band rather than subject himself to the brutal hazing and thus, by continuing on with his desire to be a band member, he knew full well of all the consequences.

While the defense appears shocking at first glance, a jury will absolutely consider Mr. Champion’s own conduct when apportioning liability.  There will be No dismissal granted at this juncture since the University is responsible for the band and the band’s activities which took place under and by virtue of the University.

By turning a blind eye to the culture of hazing, the University will share in part,  if not in all of the responsibility/liability for this horrible and untimely and unnecessary death.

The NFL Concussion Litigation

NFL CONCUSSION LAWSUIT

In February 2011, former Chicago Bears Safety, Dave Duerson, tragically took his own life, leaving one last request: that his brain be examined for chronic traumatic encephalopathy, a degenerative disease caused by repeated blows to the head. When Junior Seau took his own life this summer, friends and family wondered whether it had anything to do with 20 NFL seasons of constant hits.

Boston University School of Medicine claims more than 300 athletes are on its brain donation registry, all of which fuels the debate over the dangers of repeated concussions and head injuries on the field. That debate was fueled further when lawsuits involving thousands of former players with concussions and brain injuries were consolidated into one main case against the NFL. Lawyers for the players claim the league hid information linking football related head injuries to permanent brain injuries, citing illnesses such as dementia and Alzheimers. The suit also claims the NFL was aware of the health risk of constant blows to the head, but failed to warn or impose safety regulations.

After Duerson’s suicide, it emerged the NFL wanted the states to pass legislation that could help cut down on concussions suffered by young football players. In addition, Commissioner Roger Goodell has been changing the culture of football by implementing a fine for illegal hits. However, as recently as 2009, Goodell would not acknowledge a connection between head injuries on the field and subsequent brain disease when questioned by lawmakers. And, just this week, the NFL argued in papers filed in federal court in Philadelphia the players’ lawsuit has no merit by claiming in its motion to dismiss the players’ collective bargaining agreement covers safety and health rules, leaving decisions about their ability to play to each team. The league also claims the suits lack any proof of concealment by the NFL and pointed out at least two other federal courts – one in the Dave Duerson case – have agreed the collective bargaining agreement covers whether a player has a right to be compensated for injuries.

While Goodell’s actions in making changes in the league point to some knowledge this is a serious issue, these papers rely solely on a technical contractual argument, which is a black and white issue. If the cba states it covers health and safety, there will not be any factual issues remaining for the Judge to keep this case alive. While NFL players have long known of the risks to their bodies in general, it is only recently that concern over the possibility of a blown out knee or shoulder has moved to the possible cognitive damage that may go hand in hand with the game.

Duerson himself served on a panel that considers retired players’ claims through the league’s disability plan so he was certainly familiar with mental issues that may be tied to a lifetime on the gridiron. The NFL has attempted to push for change on this issue and perhaps, a blow to wallet will spur the league on further, however, at the end of the day, football is a contact sport and there is an assumption of risk for every player who dons a uniform.

It is tragic, but it should come as no surprise the beating the body takes in general would extend to the brain. And, that is clearly a risk the pros are willing to take. Two other courts have already touted the merits of the collective bargaining agreement. Despite the serious ailments suffered by many of these players, those decisions do not bode well for the future of this case.