tag:blogger.com,1999:blog-4659708694983666028.comments2024-03-07T05:32:33.294-05:00Wait A Second!Second Circuit Civil Rights Bloghttp://www.blogger.com/profile/06808477135354174644noreply@blogger.comBlogger266125tag:blogger.com,1999:blog-4659708694983666028.post-29618840362282609452023-03-11T16:24:11.644-05:002023-03-11T16:24:11.644-05:00This is written so clearly. Makes perfect logical ...This is written so clearly. Makes perfect logical sense.Jimmy Lemhttps://www.blogger.com/profile/13852934956309184599noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-27676613360819994682023-02-14T05:05:57.170-05:002023-02-14T05:05:57.170-05:00This blog is really informative. Thanks for sharin...This blog is really informative. Thanks for sharing this blog with us. We provide Law & strategic advice about Employment law/ Labor Law, Corporate Law, Property Law and Family Law. See more about <a href="https://www.kanchankhatanaandassociates.com/" rel="nofollow"> Labour lawyers </a>Kanchan Khatana and Associateshttps://www.blogger.com/profile/04259008171232101363noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-85614284530701730552022-10-07T16:09:41.121-04:002022-10-07T16:09:41.121-04:00I thought the Court's decision on your Title V...I thought the Court's decision on your Title VII claims was a bit at odds with the Lenzi v. Systemax decision from a few years ago. Bad break--sorry to hear. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-86403951828633576692022-05-16T17:20:54.466-04:002022-05-16T17:20:54.466-04:00To follow up on this. It has been years since I p...To follow up on this. It has been years since I posted those initial comments up above. OK it is certianly plausible that a pilot's radio can easily be detached from the control pannel of a private airplane. I am not a pilot so I can not confirm that.<br />But how often does it happen that a pilot forgets his radio in a hotel room and then goes back to get it weeks later. IIRC the owner of the radio went back weeks later to retive it. Now what are the chances that even in NYC if pilot left his radio in a room accidently that the next person to use the room would be a person from an Arab speaking country?? No wonder that an FBI agent was extremely suspicious of this person. And this unlikely "coincidence" just happened to be when the WTC was attacked. <br />I do not believe that the WTC towers fell because they were packed with explosives from the inside in advance of the attack. Nor do I believe that there was more than one shooter in Dealy Plaza on November 22nd 1963. In Dealy Plaza one shooter was enough to get the job done that high level officials in the CIA, FBI, and Military Intellegence wanted to get done. And in NYC two airplanes were enough to get the job done that high level officials in the CIA, and the FBI, and US Military Intellegence wanted to get done. <br />But this radio story serves as evidence of something fishing was going on on September 11th in the same way that the magic bullet serves as evidence that something fishy went down in Dallas on November 22nd 1963. Both pieces of evidence are clues left behind by someone who knew in advance that these events were going to happen. And if someone who had a desire to leave behind evidence to indicate that these events were known about in advance and not stopped there would clearly have been others in higher positions who would have known about the comming events and took no action to prevent them. <br />This comment is for entertianment purposed only. Resistance is futile. The beast, figuratively speaking, can not be dislodged. There are not enough qualifed people left to,nor enough time left to bring about the change that is neccessary to prevent <br /><br />and even<br /><br /> and no amount of preperation or perspiration will save you. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-6088733206917287052022-04-29T09:39:04.817-04:002022-04-29T09:39:04.817-04:00elections have consequenceselections have consequencesNathaniel K. Charnyhttps://www.blogger.com/profile/00511068418502388900noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-35373431513743517622022-02-22T11:17:27.832-05:002022-02-22T11:17:27.832-05:00Surprised that the compensatory damages appear low...Surprised that the compensatory damages appear low. But great result on punitive! Especially for constructive discharge.Urba Law PLLChttps://www.blogger.com/profile/01303102006947227076noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-17151131707756856792020-06-17T10:55:02.955-04:002020-06-17T10:55:02.955-04:00Justice Alito very effectively distinguished betwe...Justice Alito very effectively distinguished between Justice Gorsuch's literalism masquerading as textualism and the real thing in his dissent. Whatever you think of the decision, for better or worse, it is irritating to read and see implications in this and other reporting that this decision is in line with Justice Scalia's "textualist" principles when it is rather more aptly described as pretextual... Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-39409366985046011882020-03-13T08:44:32.082-04:002020-03-13T08:44:32.082-04:00Pretty nice post. I just stumbled upon your blog a...Pretty nice post. I just stumbled upon your blog and wanted to say that I have really enjoyed browsing your blog posts. To know more information you can visit here <a href="http://amsberrylaw.com/san-antonio-employment-retaliation-discrimination/" rel="nofollow">Employment Retaliation Lawyer Texas</a>Amsberrylaw firmnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-21855272277608133322019-01-08T12:29:50.552-05:002019-01-08T12:29:50.552-05:00It will be interesting to see what they do with yo...It will be interesting to see what they do with your petition for rehearing. Knotty area of law. As you know from oral argument, I believed no privacy rights were implicated, and I was disappointed the opinion didn't focus more on the fact that no privacy right attaches to a person's outstanding warrants, which are public information. Plus, Patricelli never looked at the E justice system himself. A lieutenant did that for him. He had no training, access or other information about the restrictions on the E justice system. And he only pled guilty to misuse of a computer, which he never touched, because of the custody issues he was having with Gorman's sister and because he had an assault charge against him for threatening Gorman. So he compromised the felony charges to a misdemeanor. The dissent in the case focuses heavily on what the E justice system contains that is not public that could be misused by someone. But that is not this case. The record is undisputed that Patricelli asked someone to check for outstanding warrants on the new boyfriend. He did that because he didn't want his teenage son driving with the guy and getting into a chase when he got stopped and the warrant popped up. This is not really a mischievous use of the E justice system that should properly be prevented. But that is getting into the weeds of the Record on Appeal a little. We shall see! Kevin Martin (defense counsel) <br />Anonymoushttps://www.blogger.com/profile/09072118494872975956noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-84214617771578189862018-12-02T03:21:29.475-05:002018-12-02T03:21:29.475-05:00What? I have never heard a more absurd excuse to g...What? I have never heard a more absurd excuse to get away with infringement. Under article VI more commonly known as Supremacy Clause. NY State must abide by the US Constitution as a member of the union. In this Constitution we have the 2nd Amendment and the problem is that NY City violates or infringes upon that right. As long as a citizen can pass the required background check he or she should be free to obtain a weapon for self defense. NYC burdens the right of the people to keep and bear arms because it places NYPD as a gatekeeper. Needless to say a one should not need a license to exercise that which is both constitutionally guaranteed and inalienable. NYPD does not grant citizens that right and we need not continue to renew a license every 3 years with $240 to $350 towards NYPD for a weapon that remains home. We are not talking about a Concealed Carry Permit as it could be argued that a weapon outside the home is a public concern but NO. We are talking about the simplest 5 round shotguns for home defense which may be confiscated. As if NYPD of NYC had a right to do that? What most likely happened was poor litigation and judges with political agendas. That is the only way we end up paying a fee for a license to protect your home. As if NYPD could guarantee us safety when an armed invader breaks in?<br />NYC unabashedly violates the 2nd Amendment. You cannot even defend your life at home without the approval of NYPD. That is not what the Supreme Court has asserted. Weapons that remain home should not be burdened with fees for a right that is as free as the right to speak, so is the right to have the means to preserve life. We register our weapons, they are our property and yet I have to ask permission despite being totally entitled to own a firearm and NYPD can confiscate it if I forget to pay them a fee? EXTORTION... That is what that is.<br />R. RodriguezR. Rodriguezhttps://www.blogger.com/profile/09673784968691626647noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-91845403278373789262017-01-24T10:26:21.931-05:002017-01-24T10:26:21.931-05:00Walczyk was 2007, not 1997. Walczyk was 2007, not 1997. The Judgehttps://www.blogger.com/profile/07067607885764816259noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-46757658543870916902016-11-17T15:05:24.530-05:002016-11-17T15:05:24.530-05:00Thanks. I might suggest going back since there are...Thanks. I might suggest going back since there are so many broken links on the recent cases, too. Or you can download the decisions and host them yourself :)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-12217001588951467242016-11-11T03:34:24.331-05:002016-11-11T03:34:24.331-05:00These are non lethal self defense weapons, sturdy ...These are non lethal self defense weapons, sturdy metal construction, yet lightweight ,http://popkeychain.com/self-defense-keychainsAnonymoushttps://www.blogger.com/profile/08030464989952374730noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-84881794651296612142016-11-01T14:31:08.083-04:002016-11-01T14:31:08.083-04:00Link is fixed. I am finding that the link works on...Link is fixed. I am finding that the link works on the day I publish the blog and then a day or two later the link is dead and I have to put in the link again. Second Circuit Civil Rights Bloghttps://www.blogger.com/profile/06808477135354174644noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-35043977983530014492016-11-01T10:14:52.401-04:002016-11-01T10:14:52.401-04:00Link doesn't work and I can't find the dec...Link doesn't work and I can't find the decision--is the 10-28-16 issue date correct?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-27806124391625452262016-10-07T00:04:07.077-04:002016-10-07T00:04:07.077-04:00The police falsely arrested the wrong person. I’ve...The police falsely arrested the wrong person. I’ve heard of cases like this happening before. In the case of Betts vs Shearman, the police <a href="http://jrsbailbond.com/" rel="nofollow">arrested</a> the person who they believed to have been in the wrong. They couldn't have known the full story before looking into it. Just goes to show that the assaulter can lie to the police.Eliseo Weinsteinhttps://www.blogger.com/profile/06407697057363434395noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-76936856929258111802016-08-27T03:15:13.332-04:002016-08-27T03:15:13.332-04:00The suspect has the right to challenges the consti...The suspect has the right to challenges the constitutionality of that conviction. It should be fair for him to submit the victim's psychological report to the court. This is very challenging and interesting story to proved that rape cases has a lot of information to dig out before the conviction. <br /><br /><a href="http://www.goldbachlaw.com/long-beach/sexual-harassment-lawyer/" rel="nofollow">sexual harassment lawyer</a> | <a href="http://www.goldbachlaw.com/long-beach/sexual-harassment-lawyer/" rel="nofollow">sexual harassment in workplace </a>Marc Aaron Goldbachhttp://www.goldbachlaw.com/noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-30621158082991168252016-07-04T03:07:23.760-04:002016-07-04T03:07:23.760-04:00How about giving private employees the same consid...How about giving private employees the same consideration that police officer employees get? Cops can be fired for refusing to cooperate in an investigation against them. However, before they can be fired for refusal to incriminate themselves, they must receive immunity from prosecution (Garrity v. New Jersey, U.S. Supreme Court). If the employee-cop doesn't receive the immunity, they can't be fired for refusing to talk.<br /><br />There is a reason the employer-employment relationship used to be called "master and servant" for legal purposes. The term "servant" is not much different than the term "slave." The main difference is that an employee can quit when he or she wants, but a slave can't. The employer can "discipline" a slave, a slave owner can discipline a slave. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-22421851465747162942016-06-15T01:10:25.322-04:002016-06-15T01:10:25.322-04:00As a paralegal and one time pro se litigant (marri...As a paralegal and one time pro se litigant (married to an attorney), I have to say that I agree with the others who posted comments. Despite perfect pleadings (which the judges obviously did NOT read), I was treated disrespectfully by opposing counsel and worse, the judges. When I began a successful line of questioning posed to opposing counsel's expert witness, I was cut off by the judge, who then refused to allow me to further question the witness. I was told my pleadings were deficient, when they were not (they had been reviewed by TWO attorneys). When I tried to explain the law to the judge, he said "Don't you try to tell ME the law!" When I attempted to give evidentiary testimony myself, he cut me off and refused to allow me to continue testifying. Their treatment of me as a pro se litigant was very unprofessional and worse, unethical, and a total shock to me as a litigation/trial paralegal who appeared in court at trials regularly (the judges didn't know what my profession was). I'm afraid that judicial bias against pro se litigants is very much alive, well, and a problem that needs to be solved, starting with the attitude of the judiciary, which in my case, was belligerence and condescension.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-14516504087758065372016-05-03T15:05:58.677-04:002016-05-03T15:05:58.677-04:00Can they translate their legal B.S. into something...Can they translate their legal B.S. into something that actually makes sense? This is a case that should be tested with the jury not with the judiciary. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-74312612751034435462016-03-03T14:40:16.362-05:002016-03-03T14:40:16.362-05:00Actually, most inmates don't claim to be innoc...Actually, most inmates don't claim to be innocent. It is an urban legend that they all claim to be innocent.<br /><br />On the other hand, there are a lot of cops who lie. The lies aren't always merely to assure a conviction, but to anger the judge into giving the defendant a more severe sentence. Sometimes, a cop will lie because they don't like the defendant, for example, because the defendant has challenged the police in the past or the defendant was rude to the cops.<br /><br />It is normally easy for cops to lie and get away with it--after all who is the jury likely to believe: the cop trained in (and having lots of practice) how to appear believable or the defendant "who always claims to be innocent but is as guilty as sin" so always has a motive to lie because they are "all" guilty. If the defendant is perceived to be evil, the jury is even more likely to believe lies or overlook them. There are many more motives for police to lie, but you get the point.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-73252598040444542922016-01-24T17:02:50.654-05:002016-01-24T17:02:50.654-05:00This statement that you wrote is not true: "T...This statement that you wrote is not true: "This is because the 'beyond a reasonable doubt' standard for conviction is much higher than the probable cause standard."<br /><br />Can you prove that? No, no you cannot prove that. That is because to have probable cause, a person must have totality of the facts and the circumstances.<br /><br />The reason you do not understand is because you do not understand the reasonable person concept, which is a legal concept that you must understand in order to be able to perceive law. Otherwise, you're delusional or engaging in sophistry.<br /><br /><br /><br />Probable cause = x + y<br />x = totality of facts<br />y = totality of circumstances<br /><br />But an officer nor peace officer can never have totality of the facts nor circumstances, because that's not humanly possible. The State prosecutor tends to make the part for the whole fallacy, whereby it's argued that a peace officer can be God incarnate -or- have the ability to encompass the universe's facts and circumstances all at once.<br /><br />What tends to be said in case law is a referral to what is called "a reasonable peace officer," which is actually a garbage State prosecutor argument that pushes the thesis that a peace officer can somehow manifest God incarnate, become the mythical reasonable person, and have "totality" of the facts and circumstances.<br /><br />The standards are all the same. I'm surprised you've studied law for so long and not have realized this. Preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt... these are all the same thing. Who in their right mind would attempt to ever argue that you could mathematically describe them differently?<br /><br />You're either a fool or a fraud.Geneckshttp://scienceforums.netnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-7074071065304757692015-10-23T14:36:24.111-04:002015-10-23T14:36:24.111-04:00excellent blog entry as usual. Readers of this par...excellent blog entry as usual. Readers of this particular blog entry may be interested in a blog entry of mine addressing the subject, which can be found here:<br /><br />http://www.williamgoren.com/blog/2012/12/10/public-colleges-public-universities-immunity-from-ada-suit-as-a-result-of-sovereign-immunity/Williame Gorenhttp://www.williamgoren.comnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-8761535029100463702015-10-19T12:20:11.336-04:002015-10-19T12:20:11.336-04:00excellent blog entry: readers may also be interest...excellent blog entry: readers may also be interested in my blog entry on this, which can be found here:http://www.williamgoren.com/blog/2015/10/19/academic-deference-burdens-of-proof-reasonable-accommodation-educational-matters/ . I take a slightly different approach to the excellent analysis in this blog entry..William Gorenhttps://www.blogger.com/profile/06731979670880025856noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-24255350834259642752015-04-16T02:21:48.710-04:002015-04-16T02:21:48.710-04:00I've been scouring the web for an answer to my...I've been scouring the web for an answer to my question about false arrest and probable cause, but can't find an answer because all the info I've seen is about warrantless arrests. Here's the situation (state of MS): an officer with the county sheriff's department provides false information that results in a warrant, and subject is arrested by the town police. Defendant has proof that information provided was false and will plead not guilty. Provided he wins, can any of them be sued for false arrest?Anonymousnoreply@blogger.com