text:
VIEWS: 6 PAGES: 27 CATEGORY: Business POSTED ON: 11/16/2010
Daycare Injury Attorney Oklahoma City document sample
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MABEL FERGUSON * Civil No. Criminal No. 02-09-D-M3 v. * ATTORNEY GENERAL ASHCROFT, * et al. * MOTION FOR PRELIMINARY AND/OR PERMANENT INJUNCTION AND MEMORANDUM OF LAW IN SUPPORT THEREOF The plaintiff, by and through her attorney, hereby moves this Honorable Court, pursuant to Federal Rule of Civil Procedure 65, for a preliminary and/or permanent injunction enjoining the defendants from transferring her from the Ecumenical House Community Confinement Center on the basis of the Bureau of Prisons new rule regarding imprisonment, which is the subject of this action. In support of this motion, the plaintiff states the following: Procedural History As stated in the complaint and petition for writ of habeas corpus filed and served on February18, 2003, the plaintiff is a federal prisoner, serving a term of twelve months and one day. The Federal Bureau of Prisons (BOP) initially designated her to serve her sentence at the Ecumenical House Community Confinement Center (Ecumenical House) in Baton Rouge, Louisiana. In response to a recent Department of Justice determination that terms of imprisonment may not be served at community confinement centers (CCCs), BOP announced a rule prohibiting the initial designation of prisoners to CCCs and requiring that all inmates it had assigned to CCCs who have more than 150 days remaining to serve be transferred to more restrictive facilities. See Memorandum Opinion Dated December 13, 2002, attached as Exhibit A. The plaintiff received notice of her proposed transfer thirty days in advance. On December 26, 2002, she received notice that she had been designated to the Federal Prison Camp in Byran, Texas on January 29, 2003. See Memoranda dated December 27, 2002 and January 2, 2003, attached as Exhibits B and C, respectively. On January 28, 2003, the plaintiff filed a Motion for Emergency Stay of Bureau of Prisons Re-Designation. In response to plaintiffs Motion the Honorable James J. Brady issued a Stay Order and further ordered the parties to brief the issues by Wednesday, February 5, 2003 and scheduled a hearing for February 6, 2003. A status conference was held wherein the Court extended the briefing schedule to February 18, 2003 and resetting the hearing date to February 21, 2003. Plaintiff has filed a challenge to the rule through BOPs administrative remedy process. Her administrative challenge is still pending. Together with this motion, the plaintiff has filed a complaint and petition for writ of habeas corpus alleging violations of the Due Process, Equal Protection, and Ex Post Facto Clauses of the United States Constitution, as well as violations of the Administrative Procedure Act. She now seeks a preliminary and/or permanent injunction to prevent the reassignment from taking place. Factual Background The plaintiff was sentenced on July 11, 2002 to a term of 12 months and one day with the recommendation that her sentence be served in the Ecumenical House. In the summer of 2002, BOP designated plaintiff to serve her sentence at Ecumenical House, and the Director of the halfway house advised plaintiff that she should report to that facility on August 12, 2002. The plaintiff reported as required. In the six and a half months that she has been an inmate at Ecumenical House, the plaintiff has been a model prisoner. See Letter from Director of Ecumenical House, attached as Exhibit D. Although the plaintiffs liberty is severely restricted 1 at Ecumenical House she has been afforded certain privileges which would not be available at FPC Bryan; one of these is work release. The plaintiff is employed full- time as caretaker for her grandchildren. Her son Michael has a child Scott, who has asthma and allergies. According to his physician it would be in Scotts best interest not to be put in a daycare if able to continue to stay at home due to his medical condition. See Note from treating physician, attached as Exhibit E. Michael is a sole proprietor of a small family business, Ferguson Construction. His wife, Brandy, needs to work to make ends meet when construction work is slow. Ms. Fergusons sentence at Ecumenical House allows her to assist her son and daughter- in- law by caring for their minor child. Additionally, Ms. Fergusons daughter brings her children to Michaels home for Ms. Ferguson to care for them. Through her work as a care giver, the plaintiff generates sufficient income to pay for her cost of incarceration at the half way house and to make regular monthly payments toward her restitution. Ecumenical House allows Ms. Ferguson to drive to Plaquemine for 7:00 a.m. and to stay at her sons home caring for her grandchildren until 6:00 p.m. each day. The child care services which she provides to her children allows Michael Ferguson to work at his small family business. Her presence in their home also frees them from the health care worries surrounding their sons placement in day care as Ms. Fergusons services preclude the necessity of such a placement. If the plaintiff is transferred to FPC Bryan, she will lose her work-release privileges. She will be terminated from her employment due to the interruption in service and lose the income she earned through it. Additionally, her daughter in law, Brandy, will have to quit her job and care for their year old son at home. The loss of her income will be a significant financial burden for Ms. Fergusons sons family. Transfer will also mean a loss of visitation privileges. FPC Bryan has a far more restrictive visitation policy than Ecumenical House. Moreover, the distance to Bryan, Texas is so far that the plaintiffs family will be unable to visit except perhaps once, during the length of her remaining period of incarceration. Moreover, given the familys financial situation, they will be unable to afford many long-distance collect calls from Texas. The transfer to FPC Bryan will interfere with the plaintiffs ability to play an active role in caring for her family. Legal Standard Traditionally, the four prerequisites that a petitioner for injunctive relief must show are: (1) a substantial likelihood of success on the merits; (2) a substantial threat of irreparable injury if the injunction is not granted; (3) an evaluation that the threatened injury to the plaintiff outweighs the threatened injury the injunction may cause the defendant; and (4) a determination that the injunction does not disserve public interest. Hay v. Waldron, 834 F.2d 481, 484 (5th Cir. 1987).2 Argument I. The Balance of Hardships Favors the Plaintiff. The balance of interests at issue in determining whether injunctive relief is in order favors Ms. Ferguson. At the most basic level, if BOP is permitted to transfer her from Ecumenical House, she will lose liberties that she now enjoys because BOP originally designated her to serve her sentence at the halfway house. For any period that the plaintiff serves in the Federal Prison Camp in Bryan, Texas instead of Ecumenical Ho use, she will suffer an absolute, irrevocable loss of those liberties, which is not susceptible to remedy by money damages. As discussed in more detail below, the BOPs adoption and enforcement of the new rule violates the plaintiffs rights under the Due Process, Equal Protection, and Ex Post Facto clauses of the United States Constitution. The United States Supreme Court has held on more than one occasion that a violation of constitutional rights constitutes irreparable injury warranting interim injunctive relief. See Elrod v. Burns, 437 U.S. 347 (1976); Doran v. Salem Inn, Inc., 422 U.S.922 (1975). In Elrod, the Court held that the loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury. Elrod, 427 U.S. 347, 373. In approving injunctive relief, the Court stated that since constitutional injury was either threatened or in fact being impaired at the time relief was sought, a preliminary injunction was appropriately granted to protect the plaintiffs from irreparable injury. Id. at 374; see also Giovani Carandola, Ltd. v. Bason, 303 F.3d 507, 520-21 (4th Cir. 2002) (upholding preliminary injunction in First Amendment challenge to statute and regulation prohibiting certain lewd entertainment). Although this case does not raise First Amendment questionswhich were the issue in Elrod and Doranthe rights at issue in this case are also rights which must be carefully guarded against infringement. See Elrod, 427 U.S. at 373. Thus, it seems clear that a finding of irreparable injury should be made here, as well. See Gresham v. Windrush Partners, Ltd., 730 F.2d 1417 (11th Cir. 1984) (housing discrimination constitutes irreparable injury); Clemons v. Board of Education of Hillsboro, Ohio, 228 F.2d 853 (6th Cir. 1956) (segregation constitutes irreparable injury); Pathways Psychosocial v. Town of Leonardtown, MD, 223 F. Supp. 2d 699 (D. MD 2002) (discrimination on the basis of disability is presumed to be irreparable injury); Able v. United States of America, 847 F. Supp. 1038 (E.D.N.Y. 1994) (discrimination on the basis of sexual orientation constitutes irreparable injury). The rationale behind treating constitutional injuries as irreparable is that no other form of redress appears available if the preliminary injunction is denied, and, later on the merits, a constitutional violation is found to have occurred. Rum Creek Coal Sales v. Caperton, 926 F.2d 353, 361 (4th Cir. 1991). This is particularly true in cases, as here, in which the constitutional violation might likely become permanent . . . due to the extended time necessary to complete the litigation. Compare Faulkner v. Jones, 10 F.3d 226, 233 (4th Cir. 1993) (granting preliminary injunction to protect Equal Protection rights of woman seeking to enroll at the Citadel). Further, if she is transferred to FPC Bryan, the plaintiff will lose her job and her ability to care for her grandchildren with the resultant financial impact on her children and their finances. As is apparent from the financial affidavit submitted in support of the plaintiffs motion for leave to proceed in forma pauperis, the plaintiff is in substantial debt with no source of income except her child care job. Her incarceration would have a significant impact on her sons family and family business. In Doran, the Supreme Court held that the threat of substantial loss of business and perhaps even bankruptcy . . . sufficiently [met] the standards for granting interim relief, for otherwise a favorable final judgment might be useless. Doran, 422 U.S. at 932. The situation is comparable to Doran; if interim relief is not granted, the plaintiffs family may suffer bankruptcy and the demise of the family businesses, injuries for which future damages cannot compensate. Plaintiff and her family will suffer great personal harm if the proposed transfer is permitted to occur. In considering whether injunctive relief is appropriate, assessment of harm to non-parties is appropriate. See Ward v. Walsh, 1 F.3d 873, 879-80 (9th Cir. 1993). The harm that the family will suffer as a result is not compensable by money damages and therefore constitutes irreparable injury. See 13 Moores Federal Practice, 65.06[2] (Matthew Bender 3d ed.). In contrast to the injuries to Ms Ferguson, the government will not suffer any hardship. The rule at issue in this case was adopted in response to a legal opinion issued by the Department of Justices Office of Legal Counsel. There is no suggestion in that opinion or elsewhere of any rationale for the rule other than a perceived inconsistency in the application of the law. Indeed, representatives of BOP have noted that enforcement of the rule is co ming at great effort and cost for the agency because it requires the administrative expense of re-designation and the practical expense of transfer and housing at higher security institutions. Rather than imposing a burden, the entry of a preliminary and/or permanent injunction is likely to save the defendants time and money. In addition to preserving the status quo maintaining Ms. Fergusons designation to the Ecumenical House the Court may consider a variety of other public interests which pertain in this case, including safeguarding constitutional rights, maintaining the integrity of the rulemaking process, fostering respect for the criminal justice system, preserving the family unit, protecting small business and lowering the costs of punishment to the taxpayers. See 3 Moores Federal Practice 65.22[3] (Matthew Bender 3d ed.). All these interests weigh in favor of the plaintiff. II. The Plaintiff Has Demonstrated a Likelihood of Success on the Merits. A. Statutory Claims. As a statutory matter, the new BOP rule is invalid for three separate and independent reasons. First, Congress did not delegate to BOP the authority to impose any rule retroactively. Second, in enacting the new rule, BOP did not comply with the notice and comment provisions of the Administrative Procedure Act (the APA). Third, the substance of the new rule is contrary to the statutes that govern BOP designation. These statutory grounds for setting aside the new BOP rule are addressed below in turn. 1. The Retroactive Nature of the New BOP Rule In Bowen v. Georgetown Univ. Hosp., 488 U.S. 204 (1988), the Supreme Court squarely held that an administrative agency cannot promulgate retroactive rules unless Congress has expressly authorized the agency to engage in retroactive rulemaking. See id. at 208. Bowen involved a Medicare reimbursement limit promulgated by the Secretary of Health and Human Services that expressly provided for retroactive application. However, although the governing statute generally authorized the Secretary to promulgate reimbursement rules, it did not specifically authorize him to give them retroactive effect. In the absence of such explicit authorization, the Court held that the Secretary exceeded his statutory authority in giving the reimbursement limit retroactive effect, and declared the rule invalid. See id. at 209-216. Because [r]etroactivity is not favored in the law, the Court held that a statutory grant of legislative rulemaking authority will not, as a general matter, be understood to encompass the power to promulgate retroactive rules unless that power is conveyed by Congress in express terms. Id. at 208.3 The new BOP rule at issue here is invalid under Bowen. It plainly is retroactive in nature insofar as it calls for the transfer of prisoners, like the plaintiff, who already have been designated to, and begun serving their sentences at, CCCs. At the same time, Congress has not authorized BOP to promulgate retroactive rules. Indeed, BOPs authority to promulgate rules derives from 18 U.S.C. 4001(b)(1), which states: The control and management of Federal penal and correctional institutions, except military or naval institutions, shall be vested in the Attorney General, who shall promulgate rules for the government thereof . . . 18 U.S.C. 4001(b)(1) (emphasis added).4 This grant of authority does not even mentionmuch less authorize in express termsthe promulgation of retroactive rules. Under Bowen, BOP therefore exceeded its authority in giving the new rule in question retroactive effect, and the new rule must be declared invalid. 2. The Failure to Afford Notice and the Opportunity to Comment It is undisputed that BOP is imposing the new rule in question without having provided public notice that it intended to promulgate the rule and without having provided opportunity for interested persons to participate in the rule making. For an agency such as BOP to enact a substantive rule, however, the APA requires that the agency provide such prior notice and opportunity to comment. See 5 U.S.C. 553(b)-(d). If an agency fails to comply with these simple requirements, the resulting rule is invalid. See National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001). As set forth below, this notice and comment requirement applies with full force and effect to BOPs imposition of the new rule in question. Because the BOP failed to comply with this requirement of the APA, the new rule is invalid on this ground as well. a. The APA applies to rules promulgated by the BOP. As a general matter, the APA applies to all federal agencies. See Harris v. Mutual of Omaha Cos., 992 F.2d 706, 712 (7th Cir. 1993) (the APA applies to all actions of federal agencies unless explicitly prohibited by statute). With regard to BOP, 18 U.S.C. 3625 does impose some limits on the applicability of the APA, but these limits are in no way implicated here. See Martin v. Gerlinski, 133 F.3d 1076, 1079 (8th Cir. 1998) (section 3625 does not preclude application of APA to BOP rule making). Section 3625 states: The provisions of sections 554 and 555 and 701 through 706 of Title 5, United States Code, do not apply to the making of any determination, decision or order of BOP. As explained in the provisions legislative history, however, this provision exempts from the requirements of the APA only adjudications of individual cases, not rule making. S. Rep. 98-225, 149, 1984 U.S.C.C.A.N. 3182, 3332. Indeed, the plain language of the provision does not refer to the section of the APA governing rule making ( 553). It refers only to the sections of the APA that govern individual adjudications ( 554 and 555). Moreover, it exempts only BOP determination[s], decision[s] and order[s]terms that relate to adjudications, not rulemaking. See U.S.C.C.A.N. 3182, 3332 (The phrase determination, decision or order is intended to mean adjudication of specific cases as opposed to promulgating of generally applicable regulations.). Section 3625 therefore does not exempt the new BOP rule at issue here from the notice and comment requirements of the APA. b. BOPs new initiative is a rule for the purposes of the APA. Even though the new BOP initiative is not published in the Code of Federal Regulations and has been presented by BOP in informal memorandum format, it nevertheless constitutes a rule under the APA. The APA defines the term rule broadly to encompass the whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy . . . . 5 U.S.C. 551(4) . The BOP initiative at issue here imposes a blanket restriction on the designation of all inmates sentenced to a term of imprisonment. It is plainly an agency statement of general . . . applicability and future effect designed to . . . prescribe law or policy. It therefore is a rule under the APA and, as such, is subject to the APAs notice and comment requirements. c. The exception for interpretive rules, statements of policy, or rules of agency procedure do not apply. The APA exempts from its notice and comment requirement interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice. 5 U.S.C. 553(b)(A). The new BOP rule, however, is substantive (or legislative)in nature and therefore is not subject to this exemption. Shell Offshore, Inc. v. Babbitt, 238 F.3d 622, 628 (5th Cir. 2001). Moreover, if a new agency policy represents a significant departure from long established and consistent practice that substantially affects the regulatees, the new policy is a new substantive rule and the agency is obliged, under the APA to submit the change for notice and comment. Id. at 630; See also Shalala v. Guernsey Memorial Hosp., 514 U.S. 87 (1995) (dicta stating that APA rule- making would be required if a policy statement adopted a position inconsistent with any of the Secretary [of Health and Human Services] existing regulations); Fairfax Nursing Ctr., Inc. v. Califano, 590 F.2d 1297, 1301 (4th Cir. 1979) (The Secretary is not free to promulgate regulations and then cha nge their meaning by clarifications or interpretations issued without formal notice and comment. To do so would frustrate the policies of fair notice and comment in the Administrative Procedures Act.) By BOPs own admission, the new rule marks a change in BOP policy. Moreover, if a new agency policy represents a significant departure from long established and consistent practice that substantially affects the regulatees, the new policy is a new substantive rule and the agency is obliged, under the APA to submit the change for notice and comment. Shell Offshore, Inc., at 631, thus, the BOP should not be allowed to re-designate petitioner pursuant to the new rule. 3. The Substance of the New Rule is Contrary to Law. The new BOP rule also is improper because it represents an improper application of the statutes which govern BOP. In conducting a review of an agencys application of a statute, a court must first determine whether Congress has directly spoken to the issue. Wottline v. Fleming, 136 F.3d 1032, 1035 (5th Cir. 1998) (citing Chevron U.S.A., Inc v. Natural Resources Defense Counsel, 467 U.S. 837 (1984)). If the intent of Congress is clear, the court must give effect to it, and no deference is given a contrary agency interpretation. Id. However, if the statute is ambiguous or silent on a particular issue, [the court turns] to the second step of [its] analysis and the question for the court is whether the agencys answer is based on a permissible construction of the statute. Id. at 1036 (quoting Chevron U.S.A., Inc v. Natural Resources Defense Counsel, 467 U.S. 837 (1984)). If the agencys interpretation is reasonable, the court will defer to its legislative regulations unless they are arbitrary, capricious, or manifestly contrary to the statue. Id. No deference is warranted here because, as set forth below, the new BOP rule contradicts the clear intent of Congress. BOPs new rule is based on a recent finding by the U.S. Department of Justices Office of Legal Counsel that BOPs practice of using community confinement centers as a substitute for imprisonment contravenes well-established case law and is inconsistent with U.S.S.G. 5C1.1. That legal opinion is in error and rests on the faulty premise that BOPs decisions regarding designation of prisoners are constrained by the language of section 5C1.1 of the federal Sentencing Guidelines, which distinguishes, for purposes of sentencing decisions, between community confinement and imprisonment. Although BOPs designation authority and the federal courts sentencing authority were both conferred by the Sentencing Reform Act of 1984, it is clear from the language of the statutes and the legislative history that Congress did not intend to limit BOPs designation discretion by authorizing promulgation of the Sentencing Guidelines. BOPs authority to assign the location of imprisonment is firmly established by 18 U.S.C. section 3621(b), which provides that: The Bureau of Prisons shall designate the place of the prisoners imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the Bureau determines to be appropriate and suitable . . . .(emphasis added). The phrase penal or correctional facility is not defined by the statute. However, it has long been the policy of the BOP predating the sentencing guidelines to treat halfway houses as such facilities, a policy that was presumably well know to the Sentencing Commission. The adoption of the Sentencing Reform Act and promulgation of the United States Sentencing Guidelines did not change that fact. The Department of Justice suggests in its legal memorandum advising adoption of the new rule that, because section 3621 was adopted at the same time as the Sentencing Reform Act, Congress intended to limit BOPs discretion in accordance with the Act. That plainly is not the case. Section 3621 is derived from 18 U.S.C. section 4082(a), which governed designation of prisoners prior to enactment of section 3621. The new law made two changes. First, it placed custody of federal prisoners directly in the Bureau of Prisons, rather than in the Attorney General. Second, it provided a list of factors that BOP could consider in making designations. According to the Senate Report that accompanied the new law, [t]he Committee, by listing factors for the Bureau to consider in determining the appropriateness or suitability of any available facility, does not intend to restrict or limit the Bureau in any exercise of its existing discretion . . . . S. Rep. No. 98-225 (1984) at 141- 142. Thus, BOP retains its authority to designate prisoners to institutions as it sees fit. The Supreme Court recognized this authority and its importance in Reno v. Koray, 515 U.S. 50 (1995). In Koray, the Court considered whether a federal prisoner is entitled to credit against his sentence under 18 U.S.C. section 3585(b) for time spent on pretrial release at a halfway house. In deciding that the respondent was not entitled to credit against his sentence, the Court emphasized that the determining factor was not the conditions of confinement, but whether the inmate was subject to BOPs control while residing at the halfway house. Koray, 515 U.S. at 58-59. The Court held that [t]he phrase official detention facility in 3585(a) [] must refer to a correctional facility designated by the Bureau for the service of federal sentences, where the Bureau retains the discretion to direct the transfer of a prisoner from one penal or correctional facility to another. Id. at 58 (citing 18 U.S.C. 3621(b)). Implicit in this holding is that CCCs are penal or correctional facilities to which BOP may properly designate inmates. Applied in this case, the holding in Koray yields the conclusion that the plaintiff is serving a term of imprisonmentwhatever her locationas long as she remains subject to BOPs control. Even if BOP were constrained to distinguish between community confinement and imprisonment in making designations, this would not prevent placement of those serving terms of imprisonment at halfway house facilities. 18 U.S.C. section 3622(c) explicitly grants BOP the authority to permit an inmate to work at paid employment in the community while continuing in official detention at the penal or correctional facility. This statutory provision contradicts the BOPs claim that one imprisoned in a penal or correctional facility by definition cannot work in the community. Beyond work release, BOP treats much more restrictively those inmates at halfway houses who are serving terms of imprisonment than it does those serving terms of probation or supervised release, or even those who are completing terms of imprisonment and are at the halfway house pursuant to the ten-percent rule. This approach assures severe punishment while still permitting BOP to consider in making designations the nature and circumstances of the offense . . . the history and characteristics of the prisoner . . . and the purposes for which the sentence to imprisonment was determined to be warranted . . . as mandated by 18 U.S.C. section 3621(b). B. Constitutional Claims. BOPs new rule, as demonstrated below, violates several constitutional provisions which guard against retroactive governmental action. First, the rule violates the plaintiffs rights protected by the Due Process Clause. Second, the rule violates the plaintiffs right to Equal Protection under the law. Finally, the rule violates the constitutional prohibition against Ex Post Facto laws. Since the new rule violates these constitutional provisions, the court should enjoin the Bureau of Prisons from implementing this rule. 1. BOPs New Rule Violates the Plaintiffs Due Process Rights Under the Fifth Ame ndment. The BOPs new rule violates several specific guarantees protected by the Due Process Clause o f the Fifth Amendment. First, the Due Process Clause protects a defendants rights to be sentenced on the basis of accurate information. Second, the Due Process Clause guarantees that an individual will have fair notice of changes in the law which affect him. Third, the Due Process Clause protects a defendants right to a legitimate expectation of finality in his sentence. The BOPs new rule runs afoul of these guarantees. a. Retroactively Implementing the Bureau of Prisons Policy Violates the Defendants Right to be Sentenced on the Basis of Accurate Information. Due process of law at sentencing requires both notice and a meaningful opportunity to be heard. Burns v. United States, 501 U.S. 129, 137-38, 111 S.Ct. 2182, 2187, 115 L.Ed.2d 123 (1991). Additionally, the Due Process Clause forbids reliance on inaccurate information in sentencing. See United States v. Inglesi, 988 F.2d 500, 502 (4th Cir. 1993). Where a sentence has been based on criteria violative of a defendants due process right, the test is two fold: (1) [H]as misinformation of a constitutional magnitude been given to the district court; and (2) has that misinformation been given specific consideration by the sentencing judge? United States v. Matthews, 773 F.2d 48, 51 (3d Cir. 1985). In order to make a due process claim, a defendant must show that the district court relied upon some significant piece of misinformation. United States v. Spiropoulos, 976 F.2d 155, 163 (3d Cir. 1992); Winslow v. Murray, 836 F.2d 548 (Table), 1987 WL 30257 at *4 (4th Cir. 1987) (unpublished opinion) ([r]eliance on materially inaccurate information or assumptions in sentencing violates the due process clause). See also United States v. Tucker, 404 U.S. 443, 447 (1972) (vacating sentence imposed not in the informed discretion of a trial judge, but . . . founded at least in part upon misinformation of a constitutional magnitude); United States v. Stevens, 851 F.2d 140, 143 (6th Cir. 1988) (defendants, including those who plead guilty, have a due process right to a fair sentencing procedure which includes the right to be sentenced on the basis of accurate information); Parks v. United States, 832 F.2d 1244, 1246 (11th Cir. 1987) ( [d]ue process protects a defendants right not to be sentenced on the basis of false information and invalid premises); United States v. Katzin, 824 F.2d 234, 241 (3d Cir. 1987)( [s]entencing based on a mistaken factual assumption violates due process); Cf. United States v. Addonizio, 442 U.S. 178 (1979)(holding that section 2255 did not authorize court to change sentence based on accurate information that later changed) (emphasis added). At the time that the plaintiff was sentenced (and for many years prior to that time as well), the BOP permitted inmates to serve their sentences at CCCs. Consistent with this practice, Judge Brady recommended that the Bureau of Prisons place the plaintiff in such a facility. In accordance with this recommendation, the Bureau of Prisons designated the plaintiff to serve her sente nce at Ecumenical House. The BOP now claims that its practice was improper and that the designation is invalid. The BOPs abrupt change in course has materially altered the plaintiffs sentence. Had the plaintiff entered her guilty plea and proceeded to sentencing with an understanding that BOP would prohibit service of terms of imprisonment at CCCs, the plaintiff, and the plaintiffs counsel would have considered other options for accomplishing their sentencing goals. As the Supreme Court has repeated ly recognized: a prisoners eligibility for reduced imprisonment is a significant factor entering into both the defendants decision to plea bargain and the judges calculation of the sentence to be imposed. Lynce v. Mathis, 519 U.S. 433, 445-46 (1997), citing Weaver v. Graham, 450 U.S. 24, 32 (1981). The fact that the court was not empowered to order that the plaintiff be designated to a particular facility does not defeat his claim. In United States v. Hollenbeck, 932 F. Supp. 53, 58 (N.D.N.Y. 1996), the BOP provided the court at the time of sentencing with misinformation about a defendants eligibility for placement in a drug treatment program. In holding that the defendants due process rights were violated, the court noted that the defendant was entitled to be sentenced based on accurate information [n]otwithstanding any discretion the Bureau exercises. Id. The court further observed: In this case it does not appear that the Bureau intentionally misrepresented the truth to the court more likely, one hand did not know what the other was doing. From the perspective of what process is due defendant under the Fifth Amendment however, the distinction between a mistake and a lie is of little moment. Suffice it to say that the argument that this court is without power to remedy a sentence it erroneously imposed in reliance on misinfor mation, whether innocent or not, originating from the executive branch of government cannot be sustained. Id. at 58-59. It would be fundamentally unfair to permit BOP to effectively alter the plaintiffs sentence based on a new rule about which the sentencing court had no knowledge. b. Retroactively Imple menting the BOP Policy Violates the Defendants Right to Fair Notice of Changes in the Law. The Due Process Clause protects an individuals interest in fair notice and repose that may be compromised by retroactive legislation: a justification sufficient to validate a statutes prospective application may not suffice to warrant its retroactive application. Landgraf v. USI Film Products, 511 U.S. 244, 266 (1994); See also Bouie v. City of Columbia, 378 U.S. 347, 355 (1964)(finding due process violation based on an unforseeable judicial enlargement of a criminal statute). The reason retroactive governmental action is more problematic than prospective action is because it can deprive citizens of legitimate expectations and upset settled transactions. Landgraf, 511 U.S. at 266 n. 18. This is the case with the retroactive application of BOPs new rule regarding community confinement centers. This change in approach was in no way forseeable. As noted above, neither the plaintiff, her counsel, counsel for the government, the court, nor even BOP itself could have anticipated that the Department of Justice would, of its own initiative, suddenly declare that the manner in which BOP had been designating prisoners for many years was unlawful. The parties, especially the plaintiff, had a legitimate expectation that the BOP practice in effect at the time of the offense, the conviction, the sentencing, and the plaintiffs designation by the BOP, would remain in effect. BOPs new rule clearly deprived the plaintiff of a legitimate expectation, and it certainly upset the settled transaction of the plaintiffs designation. As noted above, if the defendant, her counsel, or the court had been given fair notice of BOPs new rule, they could have conformed their actions in accordance with it by assessing different sentencing options. In this case, the parties were deprived of that opportunity. Accordingly, the requirement o f fair notice inherent in the Due Process Clause dictates that BOP should not be permitted to retroactively implement the new rule. c. Retroactively Impleme nting the BOP Rule Violates the Defendants Right to an Expectation of Finality in his Sentence. The Due Process Clause limits the Governments ability to enhance a defendants sentence after [a] defendant has served so much of [it] that his expectations as to its finality have crystallized and it would be fundamentally unfair to defeat them. United States v. Lundien, 769 F.2d 981, 987 (4th Cir. 1985). In Lundien, the court inadvertently pronounced the defendants sentence as two concurrent ten-year sentences. See id. at 983. Three days after the sentencing, the Government brought to the courts attention that it had intended to impose a total term of twenty years. See id. Two days later, the court corrected the sentence to conform with its original intention. See id. While the court recognized that the Due Process Clause placed limits on the courts ability to change the defendants sentence, it found that the defendants constitutional rights were not violated. See id. at 987. Specifically, it reasoned that [o]n these facts we cannot say that [the defendants] expectations as to the final length of his sentence had crystallized to the extent that it would be unfair to defeat them by allowing the district court to correct an inadvertent mistake and effectuate the sentence that it plainly intended originally to impose. Id. Unlike the defendant in Lundien, the plaintiff in this case has served a significant portion of her sentence. Her expectations of finality have crystallized since arriving at and settling into the facility to which BOP designated her. Moreover, unlike the defendant in Lundien, the sentencing judge intended the plaintiff to serve her sentence where she currently is housed. In addition, this case is not on appeal (indeed the time for appeal either by the defense or the Government has lapsed)a circumstance that could potentially undercut an expectation of finality. Under these circumstances, it would be fundamentally unfair to defeat the legitimate expectation of finality the plaintiff has with regard to her sentence. Accordingly, retroactively applying the new BOP policy to enhance the severity of the plaintiffs punishment may not be permitted under the Due Process Clause. 2. BOPs Different Treatment of Individuals Designated to CCCs Violates the Equal Protection Clause. In treating defendants designated to community confinement centers who have more tha n 150 days remaining on their sentences differently than those with fewer than 150 days remaining to serve, BOPs new rule violates the Equal Protection Clause. This constitutional guarantee is a direction that all persons similarly situated should be treated alike. City of Cleburne v. Cleyburne Living Center, 473 U.S. 432, 440 (1985)(citations omitted). The Supreme Courts equal protection jurisprudence is well-established: unequal treatment of similarly situated individuals, in the absence of a suspect classification, cannot stand unless the Government establishes that such treatment is rationally related to a legitimate Governmental interest. See id. at 442 (striking down unequal treatment of mentally retarded individuals under rational basis standard). In the context of equal protection challenges by prisoners, the governments dissimilar treatment must bear a rational relationship to a legitimate penal interest. See Williams v. Lane, 851 F.2d 867, 881 (7th Cir. 1988)(holding that inmates equal protection rights were violated when programs and living conditions for protective custody inmates were unequal in comparison with general population and not justified by security concerns) (citing Hudson v. Palmer, 468 U.S. 517, 522-23 (1984)). While the Government may permissibly treat some groups differently, it may not rely on a classification whose relationship to an asserted goal is so attenuated as to render the distinction arbitrary or irrational. City of Cleburne, 473 U.S. at 446; see also Faulkner v. Jones, 10 F.3d 226, 230 (4th Cir. 1993) ([w]hen regulation undertakes to define a class . . . the criteria for defining the class must be related to the purpose of the regulation and that a regulatory classification may violate the Equal Protection Clause when it is made for a purpose unrelated to the purpose of the regulation or which is broader than that appropriate for the regulation . . . . (emphasis in original)). As the Supreme Court observed in Romer v. Evans: Equal protection of the laws is not achieved through indiscriminate imposition of inequalities. Respect for this principle explains why laws singling out a certain class of citizens for disfavored legal status or general hardships are rare. 517 U.S. 620, 633 (1996)(invalidating legislation under the rational basis standard of review)(citations omitted). The Romer Court further cautioned that [d]iscriminations of an unusual character especially suggest careful consideration to determine whether they are obnoxious to the constitutional provision [of Equal Protection]. Moreover, where the [defendants] interest is substantial and the governments interest in putting forth the policy in question is unquantifiable or de minimus, such a policy cannot withstand even rational basis review. Dillingham v. INS, 267 F.3d 996, 1009 (9th Cir. 2001)(invalidating INS decision not to recognize foreign expungements for drug offenses on equal protection grounds under rational basis standard) (citing Stanley v. Illinois, 405 U.S. 645, 656 (1972)). Applying these well-established constitutional principles to this case reveals that the BOPs new policy violates the Equal Protection Clause. The policy creates two classifications: those currently designated to CCCs who have more than 150 days remaining on their sentences and those similarly situated who have less than this amount of time remaining on their sentences. The Government has offered no justificationmuch less one rationally related to a legitimate penal interestin support of the different treatment of these two groups. The 150 day rule is wholly arbitraryprecisely the result decried by the Supreme Court in its Equal Protection jurisprudence. The classification is not based on the nature of an inmates offense of conviction, the severity of an inmates criminal record, nor an inmates compliance with BOP and/or CCC regulations. In fact, the classification creates the anomalous result that those convicted of more severe offenses or sentenced to a longer period of confinement will remain in community confinement if less than 150 days remain on their sentences while those convicted of less serious offenses or even sentenced to a shorter period of confinement would be transferred to a prison for the remainder of their sentences. In addition, individuals who have abided by all BOP and facility rules who have more than 150 days remaining on their sentences would be transferred to a more restrictive prison but those who previously have been disciplined (but not expelled) for violating applicable regulations would be permitted to remain in community confinement if less than 150 days remain on their sentences. The only apparent justification for the 150-day aspect of the new rule is administrative efficiency: it allows BOP to avoid re-designating all inmates serving sentences at CCCs. As a matter of constitutional law, however, the Governments interest in administrative convenience is an inadequate justification, even under the rational basis standard. See Dillingham v. INS, 267 F.3d 996, 1010 (9th Cir. 2001). Dillingham involved an Immigration and Naturalization Service (INS) rule that refused to recognize expungements of foreign convictions while recognizing expungement of national or local convictions because of the alleged administrative difficulty in verifying valid foreign expungements. The court recognized the INS interest in administrative efficiency, but concluded that such a minor interest could not overcome rational basis review. See id. at 1009. Of course, even if administrative convenience could justify dissimilar treatment for equal protection purposes, it should not support the Governments proposed action in this case. Under the rule, BOP is expending considerable resources to determine which inmates are eligible for transfer, to re-designate them, to transfer them to more restrictive correctional facilities, and then to transfer them back as they approach the end of their sentences. Applying the new rule to those with more than150 days remaining to serve on their sentences requires more, not fewer, resources than maintaining the status quo and applying the new rule prospectively. 3. BOPs New Rule Violates the Ex Post Facto Clause of the Constitution. BOPs new rule also must be invalidated because it violations the Ex Post Facto Clause of the Constitution. This constitutional safeguard prohibits the Government from retroactively imposing or increasing punishment. See California Dept. of Corrections v. Morales, 514 U.S. 499, 504-505 (1995). Specifically, Article 1, Section 9 of the Constitution provides in relevant part: No . . . ex post facto Law shall be passed. However, this constitutional provision is not merely a limit on the legislative branch, it applies to an agency engaged in administrative rulemaking, as well. See United States v. Ellen, 961 F.2d 462, 465 (4th Cir. 1992). The Supreme Court originally set out its prescription against ex post facto laws in Calder v. Bull, 3 Dall. 386, 390 (1798), as directly adopted form the English common law. In Calder, Justice Chase set out four categories of criminal laws that are barred by the Ex Post Facto doctrine. The third of these categories were every law that changes the punishment, and inflicts greater punishment, than the law annexed to the crime, when committed. Id. In the wake of Calder, the Supreme Court consistently has embraced this rule, finding that a primary function of the Ex Post Facto Clause of the Constitution is to bar enactments which by retroactive operation, increase the punishment for a crime after its commission. Garner v. Jones, 529 U.S. 244 (2000). See also Collins v. Youngblood, 497 U.S. 37, 42 (1990)(citing Beazell v. Ohio, 269 U.S. 167, 169-70 (1925)). With regard to measures that retroactively make punishment more burdensome, the ultimate inquiry is whether a changed procedure produces a sufficient risk of increasing the measure of punishment for which an individual was sentenced. Morales, 514 U.S. at 509. For example, in Morales, the Court addressed an ex post facto challenge to an amendment to Californias parole regulations, which increased the time between parole hearings from one year to three years. The Court rejected the ex post facto challenge because the changed regulations created only a speculative and attenuated risk of prolonging an inmates imprisonment. In contrast, in Lynce v. Mathis, 519 U.S. 443 (1997), the Supreme Court held that retroactive cancellation of early release credits which had the effect of returning a parolee to prison violated the Ex Post Facto Clause. The Court reasoned that since the changed procedures prolonged his imprisonment, he was, unlike the inmate in Morales, unquestionably disadvantaged. Id. at 446- 47. In addition, in Lynce, the Court noted that the provision at issue which altered the petitioners sentence did more than simply remove a mechanism that created an opportunity for early release for a class of prisoners whose release was unlikely; rather it made ineligible for early release a class of prisoners who were previously eligible including some, like [the] petitioner, who had actually been released. 519 U.S. at 898 (emphasis in original). Based on these principles, as recently explained in Culter v. United States, 2003 WL 184022, if BOP were to impose a new policy retroactively that has the effect of depriving an inmate of the possibility of halfway house placement, and instead mandated her immediate transfer to prison, there would be obvious ex post facto concerns. See Culter, at p. 5, n.6. (citations omitted) First, it applies retrospectively to events that predated its enactment. At the time of the offense of conviction, the date of the conviction, the time of sentencing, and even well into the period of service of her sentence, the BOPs practices authorized service of a sentence of imprisonment in community confinement. The new BOP rule prohibits service of a sentence of imprisonment in community confinement, and proposes transfer of those already serving sentences at CCCs to more restrictive facilities. Second, the individuals affected by the new BOP rule are unquestionably disadvantagedthey are more than simply at riskof being subject to an increased measure of punishmentthey will be transferred from community confinement to prison facilities. Thus, the risk is actually a certainty in this case. Of course, incarceration at a federal correctional institution clearly constitutes more burdensome punishment than imprisonment in a community confinement center.5 In addition, the Supreme Court has noted that the lack of fair notice is a critical element to the constitutional prohibition against Ex Post Facto laws. See Weaver v. Graham, 450 U.S. 24, 30 (1981); See also Smith, 223 F.3d at 1195-96 (holding that new Oklahoma Department o f Corrections regulation which disadvantaged prisoner violated Ex Post Facto clause because it was not forseeable). There can be no contention that the Government gave fair notice as to this new policy. Certainly, it was not forseeable to the defendant, his attorney, or the sentencing judge. For these reasons, BOPs new rule is invalid as a violation of the Ex Post Facto Clause. Conclusion Wherefore, for the foregoing reasons and any others that may appear after a hearing on this motion, the plaintiff respectfully requests that this Honorable Court enter a temporary restraining order and preliminary injunction preventing defendants from transferring her from the Ecumenical House Community Confinement Center on the basis of the new rule. RESPECTFULLY SUBMITTED, REBECCA L. HUDSMITH FEDERAL PUBLIC DEFENDER FOR THE MIDDLE & WESTERN DISTRICTS OF LOUISIANA BY: JEAN M. FARIA, La. Bar No. 8392 Assistant Federal Public Defender Baton Rouge, LA 70801 Telephone: 225-382-2118 Facsimile: 225-382-2119 ATTORNEY FOR MABEL FERGUSON CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing has been served on United States Attorney David Dugas, 777 Florida Street, Suite 208, Baton Rouge, Louisiana 70801, by hand-delivery on the day of February, 2003, in Baton Rouge, Louisiana. JEAN M. FARIA 1 As noted in paragraph 20 of the complaint and petition for writ of habeas corpus, the plaintiff is not permitted many privileges traditionally associated with CCCs which are available to other residents who are not serving sentences or who are serving the last ten percent of their sentences. 2 While inmates are generally required to exhaust his administrative remedies with the BOP before seeking extraordinary relief in the district courts, Rourke v. Thompson, 11 F.3d 47, 50 (5th Cir. 1993), the exhaustion requirement is not absolute and, thus, an exception to the requirement applies when the inmate demonstrates that it would be futile to comply with the administrative procedures because it is clear that the claim will be reje cted. See DCP Farms v. Yeutter, 957 F.2d 1183 1189 (5th Cir. 1992). When, as in the present case, the BOP, as a result of a Department of Justice interpretation of the law, has adopted a new rule and instructed its staff to re-designate inmates on the basis of that new rule, the presentation of this issue to the BOP at the regional and national levels would, in fact, be futile. See Tasby v. Pratt, 2002 WL 1160071 (N.D. Tex. May 29, 2002). 3 The holding of Bowen was applied to BOP in Cort v. Crabtree, 113 F.3d 1081 (9th Cir. 1997). In that case, the Ninth Circuit precluded the retroactive application of a BOP change notice that imposed new restrictions on eligibility for an early release program. But See Royal v. Tombone, 141 F.3d 596, 602 (5th Cir. 1998) (disagreeing with Cort based on a finding that the inmate never was legitimately eligible for sentence reduction in the first place). 4 Pursuant to 28 C.F.R. 0.96(o), the Attorney General has delegated this authority to BOP. 5 There can be no claim that the new BOP policy does not constitute more burdensome punishment within the meaning of the Ex Post Facto Clause. Indeed, the Supreme Court has repeatedly held that retroactive alteration of parole or early release provisions, like the retroactive application of provisions that govern initial sentencing, implicates the Ex Post Facto Clause because such credits are one determinant of petitioners prison term . . . and . . . [the petitioners] effective sentence is altered once this determinant is changed . . . [T]he removal of such provisions can constitute an increase in punishment, because a prisoners eligibility for reduced imprisonment is a significant factor entering into both the defendants decision to plea bargain and the judges calculation of the sentence to be imposed. Lynce, 519 U.S. at 898, citing Weaver, 450 U.S. at 32.
Pages to are hidden for
"Daycare Injury Attorney Oklahoma City - DOC"Please download to view full document


text: Did Mauricio Ochmann Secretly get Married? By Allison Park SmithMexico CityLast updated on March 31, 2015TranslationsFrançaisEspañol Tweeter Did Mauricio Ochmann finally tied the knot?Mauricio Ochmann »See more news, pictures and video. Hot newsInternational March 31, 2015Mauricio Ochmann, Time's 'Person of the Year' 2015?Money March 30, 2015Mauricio Ochmann is Highest-Paid Actor in the WorldSorry, ladies ... Mauricio Ochmann seems to be off the market.Reports from the Mexico City Daily News yesterday (March 30, 2015), suggest the actor best known for his roles in El Clon, Victorinos or Victoria has secretly got hitched to his long-term relationship.UPDATE 31/03/2015 : This story seems to be false. (read more)Intimate Ceremony with Family and FriendsThere had already been speculation that the loved-up pair were set to announce their engagement but it sounds like they might have just jumped straight to wedded bliss! The paper says the actor has been spotted wearing a new wedding ring earlier this week.Related Mauricio Ochmann Sparks Engagement RumorThe couple is said to have exchanged vows in an intimate morning ceremony at a secret location, before few close friends and family members.Twitter Reactions To Rumored Wedding"They certainly looked like a happy couple" a close friend Tweeted on Monday (March 30). But was he referring to the supposed wedding, some fans wondered. Mauricio Ochmann "secretly married" rumors have caused quite a stir among fans."Mauricio Ochmann Get Married? It should have beeeeeeeen meeeeeeeee!!!!!" — March 30, 2015"Is it official? There has been so many rumors about Mauricio Ochmann" — March 30, 2015Was there a secret wedding? That remains a mystery for now, as the actor's rep hasn't commented, nor the couple released an official statement yet.Do you think Mauricio Ochmann have secretly wed?© 2015 MediaMass All rights reserved. Do not reproduce (even with permission).Mauricio Ochmann: Recent NewsInternational March 31, 2015Mauricio Ochmann, Time's 'Person of the Year' 2015?Money March 30, 2015Mauricio Ochmann is Highest-Paid Actor in the WorldBabies March 29, 2015Mauricio Ochmann to Be a Dad?Rumor March 2015Death Hoax says "Mauricio Ochmann dies at 37"TV Watch March 31, 2015'El Clon' named Greatest TV Show of all timeLove March 27, 2015Mauricio Ochmann Engaged?Cinema March 28, 2015Mauricio Ochmann to be the next James Bond?Exclusive March 2015Victoria Reunion? "Not Until 2016" Telemundo SaidHot March 30, 2015Mauricio Ochmann Named Sexiest Actor AliveBuzz March 31, 2015Mauricio Ochmann goes 'Gangnam Style'Breaking Up March 23, 2015Mauricio Ochmann Single Again?Pets March 25, 2015Mauricio Ochmann's Dog Recovering from SurgeryShocker March 31, 2015Mauricio Ochmann Nude Photos Leaked OnlineCelebrity CentralABCDEFGHIJKLMNOPQRSTUVWXYZ

subset: commoncrawl


text:
How Does Hepatitis B Replicate
Here's a taste of what TheBody.com has to offer on this topic:
Ask the Experts
urine exposure to hbvi have been reading in the BRITISH MEDICAL JOURNALabout urine exposure to hbv the discussion was about23 men with chronic liver disease who werepositive for hepatitis B antigen and they are saying that it is possible to be infected from there...
Response from Barbara McGovern, M.D.
Tufts University School of MedicineI did not have time to read the entire article since I need to answer many questions tonight, although it looks very interesting...However, I will say that although a virus is recovered in a particular fluid, does not mean that we know it is... Read more »
Hepatitis Bs carrier negative of hepa Be antigentkindly expalin to me about im positive of hepa Bs antigent negative of hepa Be antigent and im... Read more »
hepatites Bhow long I can live with hepatites B?and is liveraid can get solution of this desease?thanks in... Read more »
Hepatitis B: The Other Hepatitis Virus...significant problem for many people with HIV, but it isn't the only virus that can cause hepatitis (inflammation of the liver). HIV/hepatitis B virus (HBV) is another common co-infection and, like HIV/HCV co-infection, can cause severe liver... Read more »
Entecavir in Hepatitis B Virus (HBV)/HIV Co-Infected Patients... Previously, the guidelines recommended entecavir as an option for patients who required treatment for Hepatitis B virus (HBV) but not HIV infection. This recommendation was based on in vitro data showing no significant activity of entecavir... Read more »
FDA Approves Gilead's Antiretroviral Viread for Use as Hepatitis B Treatment... Gilead Sciences on Monday announced that it has received FDA approval to market its antiretroviral drug Viread as a hepatitis B treatment, the AP/ International Herald Tribune reports (AP/ International Herald Tribune , 8/12). According... Read more »
A Comprehensive Immunization Strategy to Eliminate Transmission of Hepatitis B Virus Infection in the United States...article. To view the erratum, please click here . Summary Hepatitis B vaccination is the most effective measure to prevent hepatitis B virus (HBV) infection and its consequences, including cirrhosis of the liver, liver cancer, liver... Read more »
Connect With Others
insertive oral sex and vih and hepatitis b
Posted by nightsunami...can i infectet by hepatitis B for insertive oral sex?? i have a negative VIH test from 1 year... Read more »
hepatitis b and insertive oral sex
Posted by nightsunami...can i infected by hepatitis B from insertive oral sex??im negative test 5 monts and 2 weeks of HIV after my last encountrer- thanks Read more »
hepatitis B (duda solo por si hay algun medico)
Posted by Mairannnn, 2 Replies...cual es el periodo de ventana de la hepatitis b? y ya que estamos de la c? en que lapso de tiempo es aconsejable hacer una serologia? saludos Read more »
Read the stories but I think I'm still +
Posted by Anonymous, 5 RepliesI've read all the uplifting stories and still cant stop thinking I'm positive as well as some of my family members. I've posted before so some of you may rememeber. My risk was slight oral exposure (on her) to a stripper that was from Russia. It... Read more »
Resource Centers
Guides for People With HIV


text:
CRESWELL, Ore. — High school students from nine Lane County schools faced off Saturday at the Battle of the Books regional competition. These four person teams had to beat all the other teams in their school to make it to the competition. Teams are tested on reading comprehension, and could be asked a variety of … Continue reading »
Friday Night Blitz – September 12
Web Extra: Luke Jackson Named NCU Coach
EUGENE, Ore. — Former Oregon and Creswell High star Luke Jackson was introduced as the head coach of Northwest Christian University in Eugene, Oregon on February 20th, 2013. Jackson was the 10th overall pick of the 2004 NBA Draft, and this is his first coaching job. Click above to watch his entire introductory press conference. Here … Continue reading »


text:
Check out the new, mobile-friendly WineSpectator.com!
SUMMER SIPPING In this issue, we focus on well-priced summer whites, from the supple Sauvignon Blancs of California to the crisp whites of Italy, with a few zingy versions from New Zealand and Australia.
For the full article, check out the new issue of Wine Spectator, on newsstands July 16, 2008.
Do you have a Wine Spectator magazine subscription? Save 50% on your Online Membership right now!
Passionate about wine? Wine Spectator magazine is looking for an enthusiastic copy editor in the New York office.
Sips & Tips | Wine & Healthy Living
Video Theater | Collecting & Auctions
New! Ratings Flash | New! Unfiltered
» View samples
» Or sign up now!
» Manage my newsletter preferences
The marketplace for all your wine needs, including:
Wine Storage | Wine Clubs
Dining & Travel | Wine Auctions
Wine Shops | Wine Accessories


text:
St. Petersburg Bar Association APRIL MEMBERSHIP MEETINGFriday, April 4, 2014
ANNUAL SPONSORSGOLD SPONSORFifth Third BankBRONZE SPONSORSRegionsWestlawNext
Cost: FREE - for St. Pete Bar Regular Members, Affiliate Members and Student Members. But you still need to RSVP!$20.00 - for Reciprocal (CBA) members, Associate members, law office staff, judges and other non-attorney guests$40.00 - for Non-member attorneysFor more information about this event or to be a sponsor of this meeting contact the St. Pete Bar Association at 727-823-7474 or email@example.com.
Remember Me
Forgot your password?
Haven't registered yet?
4/3/2015St. Pete BarAssociation Closed for Good Friday
4/10/2015St. Pete Bar April Membership Luncheon
4/10/2015CLE/CME: Tips for Mediators and Advocates
4/14/2015CLE: Probate & Guardianship Section - NO MEETING APRIL
4/15/2015Young Lawyers Section Social - Location: To be announced
2880 First Avenue North St. Petersburg, FL 33713-8604Ph: 727-823-7474Fx: 727-823-8166


text:
5 Essentials for High Impact Preaching (things most preachers don't do)March 17, 2015
What do you want from your sermon at the end of the day? Vertical Church preaching is all about the expectation that God blesses the unapologetic, Spirit-dependent heralding of His Word—but is there more a preacher can do to be effective? Beyond the requisite faithfulness to Christ and His Word, can a preacher do more to amplify the sermon's impact? If you want to see your message make a difference, reach the lost, heal the wounded, lift the discouraged, instruct the weak, etc., give attention to these additional elements of a high-impact sermon.
1) Ready is Only Half Ready
Last week I was 'ready' for the weekend on Friday morning at 10:00 a.m. My first message in a new, three-week series called The Father's Song: Healing the Wound that Hinders Everything, was ready to go. My study was completed, and my exposition of the passage told a clear, compelling story. My textual comments proved the points, while my illustrations illumined the content and seemed likely to connect meaningfully with the hearers. My applications were written down in front of me as a logical flow of thought from each point. I had checked and rechecked that individual points all drove home the main theme and advanced the thesis of the series title. My sermon outline was even submitted for the bulletin printing of the message notes. For all intents and purposes, I was 'ready,' 'ready as I'll ever be'—and early in my ministry, I would have gotten up to preach at that point with an adequate sermon. So often sermons are adequate that are not impactful, and I have preached too many. This time, however, I spent the time from 10:00 a.m. until my wife picked me up at 6:30 p.m. locked away at my desk attempting to take the sermon to the 'next level.' Including a bit of work on Saturday, I spent almost 10 more hours working on the sermon after I was 'ready.' If you are wondering what I did, keep reading, but start here: Consider the possibility you are not 'ready' when you think you are. Not ready for a big impact, not ready for life-changing moments for your congregation, not ready to see God move in a powerful way—not yet.
Preaching needs to be impactful or people will find a place to hear sermons that are.
2) Choose Your Words and Craft Your Sentences
In "The Kinds of Laborers Wanted" Spurgeon said: "He must not weary the people by telling them the truth in a stale, unprofitable manner, with nothing fresh from his own soul to give force to it." Not everything we preach needs to be proprietary and perfect, but it needs to be impactful or people will find a place to hear sermons that are. Take the time to choose words and craft sentences that make your message significantly impactful, or don't take people's time with it at all. Effective word choice is always worth the time, and preachers should learn to love choosing the best words to express their message. Big words can appear eloquent or educated, but they are just a smoke screen for pride that substitutes poorly for lack of preparation. Occasionally, as I preach, I hear a quality sentence I didn't plan, but not very often. Well-worded sentences may seem extemporaneous to the hearer but most often have to be prepared in advance. Recent examples include: "When we take care of the mission on God's heart, God takes care of the burdens on our hearts." "If I am wrong in the way I am right, I am wrong even if I am right." "A true friend holds you up when you stumble and holds you down when you stray." "We never regret the ground we cover with our grace shoes on."
3) Let the Sermon into Your Soul
Passionless sermons happen because the preparation stops when the preacher knows what the passage means. You are not ready to preach when you know what it means; you must press through to 'What does it mean to me?' Read More


text:
on 25.09.2012
firstname.lastname@example.com: "I am extremely grateful for the professionalism of Thomann, and will recommend your company without a second thought."
on 23.05.2013
email@example.com: "Always great prices, very quick to deliver your item, and keep you well informed by providing email and text notification"
on 25.07.2013
email@example.com: "You've shipped my order so promptly, I'm impressed!"
The item MACKIE Pro FX 16 Bag is not part of our current product range anymore.
Payment can be made safely and securely with Credit Card, Bank Transfer, PayPal or Amazon Payments.


text:
The customer service is superb! Responses to questions are prompt, the packaging is secure, and the delivery times are lightning quick. Pricing for...Read More ->
Jeff, what a great shop and 5 star customer service. I am pleased at the fast reply 2 my question. Thanks- 4 everything. I will buy again and tell...Read More ->


text:
first snow framed prints, snow framed prints, blizzard framed prints, storm framed prints, record breaker framed prints, snow scape framed prints, lantern framed prints, street light framed prints, snowy trees framed prints, snowstorm framed prints
Fine Art America offers over 250 different frames at wholesale prices.
Fine Art America is one of the largest, most-respected custom framers in the world. We stock over 250 different frames which can be used to create museum-quality masterpieces from any print. All framed prints are assembled, packaged, and shipped by our expert framing staff within 3 - 4 business days and arrive "ready to hang" with pre-attached hanging wire, mounting hooks, and nails. Our wholesale buying power allows us to offer frame prices which are typically 25 - 40% less than retail frame shops.
The Largest Earliest Accumulative Snow Fell on October 29, 2011. in New Jersey, the Mid Atlantic Region of USA Record Breaker at 22" deep. My Front Yard. Yes it's beautiful to see, but the snow was a very wet sticky one and the trees still had their leaves yet making the branches the snow stuck on very heavy. It was very cold and the snow stayed around for quite awhile. The area lost quite a few trees and large branches which fell on powerlines and roadways, paralyzing our traffic for several days until all was cleared. Many had powerlines downed and were without electric or heat for several days. It has it's beauty but then there are "Downfalls" to this too.
The images on this website are copyrighted by Carol Wisniewski and may not be used in any manner without her written permission. All rights are expressly reserved. Copyright does not transfer with purchase of products.
Our return policy is very simple:
If you're not happy with a purchase that you made on FineArtAmerica.com, for any reason, you can return it to us within 30 days of the order date. As soon as it arrives, we'll issue a full refund for the entire purchase price. Please note - Fine Art America does not reimburse the outgoing or return shipping charges unless the return is due to a defect in quality.
Fine Art America sells thousands of pieces of artwork each month - all with a 100% money-back guarantee.
If you've hesitated to purchase artwork online in the past, why not give us a try? You have nothing to lose!
We take great pride in the fact that 302,697 artists have chosen Fine Art America to fulfill their orders, and we look forward to helping you select your next piece!
Customer Service: 877-807-5901
(Call Any Time - 24 Hours Per Day)
All framed prints ship from our production facility within three business days of your order.


text:
- Home
- News
- People
- Events
- Jobs
- Resources
- Store
- Subscribe NowLimited Time Offer
Send this to a friend
Poll: In print this week, we look at local doctors who accept payments from drug companies. What do you think about the practice?
It is a conflict of interest. 80%
It is OK in only certain cases. 11%
It's fine. I don't see any problems. 8%
I don't care about this issue. 1%
Votes Cast: 293
This survey is not a scientific sampling, but offers a quick view of what readers are thinking
If you are commenting using a Facebook account, your profile information may be displayed with your comment depending on your privacy settings. By leaving the 'Post to Facebook' box selected, your comment will be published to your Facebook profile in addition to the space below.
Popular in Business Pulse
Archived Business Pulse Polls
- Do you plan to attend the Western & Southern Open? (View Comments)
- This week, we rank the Tri-State's largest employers. Can you guess which of these is not in the Top 25? (View Comments)
- Fortune just highlighted five cities with "up-and-coming" downtowns. Which of these is the most dynamic? (View Comments)
- Will you watch the MLB All-Star Game tonight? (View Comments)
- How do you think the Reds will finish the season? (View Comments)


text:
Just ahead of the highly-contested midterm elections, Obama administration officials are denying rumors that they swapped Bowe Bergdahl, the soldier himself freed from Taliban captivity through a swap for five Guantanamo prisoners, for Marine Sergeant Andrew Tahmooressi.
Tahmooressi was released by coincidence just before the election after several months in a Mexican jail.
"It was a good ride," said Bowe Bergdahl, "but like I told the Taliban guys on my last day with them, hey, nothing lasts forever."


text:
The booming North American auto industry is generating a lot of activity for both automakers and suppliers, but an official for one company said the rapid regrowth of the industry from the depths of recession opens the potential for suppliers to make more complete modules.
North America represents about 30 percent of the global consumption of flexible packaging. Annual growth in this region is forecast at 4 percent during the next 5 years.
For more insight on growth opportunities, drivers of growth and the outlook for 2015, download this report.
This report is a review and analysis of the North American Plastics Recycling Industry, including key trends and statistics based on 2013 performance. We examine market environment factors, regulatory issues, industry challenges, key drivers and emerging trends in post-consumer and post-industrial recycling.Learn more
This report analyzes the $20 billion plastics industry in Mexico including sales of machinery & equipment, resins and finished products.
Our analysts provide insight on business trends, foreign investment, top end markets and plastics processing activity. The report also provides important data on exports, production, employment and value of plastics products manufactured.
June 2, 2015 - June 3, 2015Plastics Financial Summit - Chicago 2015
September 16, 2015 - September 18, 2015Plastics Caps & Closures - September 2015More Events


text:
"I've been a Tiny Prints customer for seven years now and have never been disappointed. Tiny Prints has provided a consistent and high quality method of capturing the most important moments and events in my daughter's life. No other online vendor offers the variety of options and personalization found at Tiny Prints. I highly recommend this vendor to all my family and friends...I have been doing so for 7 years!"
"The invitations were beautiful. My daughter loved them. 2 were a little damaged upon arrival other then that they were awesome."
"I received so many comliments about this card for my daughters birthday. The colors are bright and very modern. The only thing that would have made them better was to have the option of having a photo in the back. But, still by far, my favorite card I've ever ordered. It also came earlier than expected, a bonus."
"I put my daughter's picture and all of the information in and it looked great on screen! Usually when it looks great on screen it doesn't turn out like that when it prints. I was so shocked at how nice the picture came out and the invitation as a whole. Will definitely order more from here!"
"Simply beautifull!! Last year completely satisfied with a 1st birthday model and this year in love with my final product. Very easy to personalize it, great paper quality and perfect pearl finish paper...so delicate. Everyone loved it!!!"


text:
- Goal:
- $150,000.00
- Achieved:
- $36,875.00
Top 10 Fundraisers
1 -
Holly Montrose
2 - Julie Bakkala
3 - Robyn Nelson
4 - Dale Parshall
5 - Heather Martin
6 - Cindi Becker
7 - Floyd Hunsaker
8 - Kevin Wright
9 - Graham Boverman
10 - Jewel Bergeron
Top 10 Teams
1 -
Franklin Control Systems
2 - Noble Spirit
3 - No White Flags
4 - Team Kyte
5 - Debbie's Downhill Racers
6 - Team Floyd
7 - Legs for Greg
8 - Ken's Kismet
9 - Jack's Tracks
10 - Stormin 4 Norman
Saturday, April 11, 2015
Mt. Hood Meadows
2015 Presenting Sponsor
Event Updates
Despite the current snow conditions, The ALS Association Oregon and SW Washington Chapter stays committed to our mission and our 2015 Ski to Defeat ALS! Mt. Hood Meadows has been working diligently to harvest and haul snow, to help the grooming and snow maintenance of the lower mountain through the upcoming weeks. We are in direct communications with the wonderful staff at Meadows as well as our Presenting Sponsor, Franklin Control Systems, and Oregon Adaptive Sports to finalize "Plan B" details. Together, we are committed to hosting an event on Saturday, April 11th.
It might look different than previous years, but the "show will go on". We will continue to communicate event details as they are finalized.Your understanding and unwavering support to our mission is so appreciated as we adapt to Mother Nature and stay strong in the fight against ALS.Our chapter does not receive government or insurance funding. Our work in the local community is solely dependent on events such as the Ski to Defeat ALS.
Check out highlights from last year's Ski to Defeat ALS!


text: This was our fourth stay at Beach View and our seventh trip to Barbados. As many have indicated, it is a wonderful spot, with spacious and modern accommodations. The staff are first rate in every respect. We couldn't recommend it more highly. It is perfectly situated for family situations, couples and everything in between. Welcome to Michael who has taken... More


text:
A woman suffered life-altering injuries after a part from a truck's suspension crashed through her windshield on Hwy. 403 near Erin Mills Parkway on Friday morning.
Secret recordings played at Day 2 of Lisi drug trial
CityNews reporter Tammie Sutherland with what the court heard caught on tape in an undercover sting targeting a man at the centre of the former mayor's crack cocaine scandal.


text:
Jeff, and his excellent team, provide remarkable first-class, personal customer service. Other stores take notice!!! Just got my order in- so...Read More ->
I have purchased from MJM Magic several times, and each and every time the products arrived on time, and in pristine condition! Thank you MJM Magic,...Read More ->


text:
Hotel Il Gelso Bianco
No availability found through our partners. Please contact the business directly or check some of our recommended alternatives.
Photos of Hotel Il Gelso Bianco
Travelers also recommend:
TripAdvisor Reviews Hotel Il Gelso Bianco Catania
Travel Blogs from Catania
Storm of the century & centuries-old salt & stone
When I packed for 16 days split between Switzerland and Sicily, I packed the jackets and the long underwear for the Alps. But on the 30th and 31st of December, we found ourselves in the midst of the storm of the century on Sicily, normally a sunny Mediterranean melting pot and place of epic history writ by people who wore sandals year round. To withstand the fierce wind and whiteout snow in the Piazza del Duomo of Siricusa, we wore ...
Greek Theatre
... telling in a culture. In most cases, where the most power lies, the most rich culture lies also. For a culture to invest so much in theatre productions does not diminish a society for focusing on non-necessities, but instead shows the power and influence of a society. It shows great power that a society had the leisure and luxury of investing in the arts. The Greeks started this ...
Taormina to Palermo
Today we travelled from Taormina (left about 10.30am) to Palermo with Carmelo who was a great driver. He brought us safely to excelsior palace after about 3 hours. We had a bit of a walk around Palermo before heading out for dinner. It is sometimes an interesting experience with the ...
Today we had a fairly leisurely morning before heading out for lunch to a nice ristorante "Grandula" with a nice view. We then caught a taxi and checked out the harbour down the hill which we have been viewing all week. We also viewed the first Greek colony of Sicily founded in 734BC by ...
... have and it was worth every mouthful!! (Photo) We then caught a taxi to Castelmola which is a village up on a hill from where we are. It was up yet another windy road to the top but beautiful views. We had a nice lunch before exploring the streets and Castello or castle which you can see from the photos. We then headed back to Taormina for a bit more ...


text:
View athletic Singles in Nipton
By clicking continue, I agree to receive transactional and promotional emails from Match.com. I understand that I am free to withdraw consent at any time.
By using our site, you agree to the Match.com Terms of Use.
The Golden State of California is place to find online singles from Match.com. We prove that an online dating personals site can really lead to a long-lasting sincere relationship. Browse our Nipton personal ads, send an email and start a relationship with your match. Tired of being single? Your dating choices are endless with thousands of exciting Nipton singles available online.
Blue Diamond, Boulder City, Bullhead City, Cal Nev Ari, Cima, Cottonwood Cove, East Las Vegas, Enterprise, Essex, Fort Mohave, Goodsprings, Henderson, Jean, Kelso, Las Vegas, Laughlin, Mohave Valley, Mountain Pass, Mountain Springs, Needles, Nelson, North Las Vegas, Pahrump, Palm Gardens, Primm, Sandy Valley, Searchlight, Sloan, Spring Valley, Summerlin, The Lakes, Willow Beach view all states »
Asian Men, Black Men, Catholic Men, Christian Men, Divorced Men, Free Online Dating, Gay Singles, Gay Dating, Jewish Men, Lesbian Singles, Single Parents, view all communities »


text:
Topic: AdVenture Capitalist: General / When to buy AI Stock upgrades?
(Stock upgrades (i.e. 100 AI for +5 newspapers))
For this example, I'll say that I have 999 bajillion AI. I just did a reset.
There is a stock upgrade for 5 newspapers, that cost a mere 100 AI.
If I buy the 5 newspapers at the very beginning, will the cost of newspapers be higher later than if I waited?
Or would it be better to wait until profits slow down, THEN buy the AI stock upgrade?


text:
Grassroots Approach Spurred United's MLS Expansion Packers To Don New Throwback In '15 Franchise Notes Goodell Working With Titans On Ownership Structure LSED OKs Upgrades For Saints, Pelicans A's Launch Latest TV Ad Campaign Dynamo, D-League Vipers Partnering On USL Team Dodgers Spend Big On Cuban OF Olivera Titans President Insists Team Isn't For Sale Bears' McCaskey Met With McDonald Before Signing
Upcoming Conferences and Events
SBD/October 31, 2013/Franchises
NBA Franchise Notes: T'Wolves Season Tickets Down After Eliminating Discounts
Published October 31, 2013
ANALYZE THIS: In Portland, Allan Brettman writes the Trail Blazers this season "are taking a more analytical approach than ever before when it comes to selling single-game tickets." The Blazers plan to use "a modified version of dynamic pricing, because they are as interested in protecting season-ticket holders as much as they are in maximizing revenue from single-game buyers." They "expect the strategy to sell more tickets," with an anticipated 6% increase over '12-13 (Portland OREGONIAN, 10/31).
TAKING FLIGHT: In Baton Rouge, Scott Rabalais writes the Pelicans last night "had a smashing debut." The scene inside New Orleans Arena "was both more fun and less emotional than the Saints' triumphant return to the Superdome in 2006 in the aftermath of Hurricane Katrina." Saints GM Mickey Loomis joined Owner Tom Benson at the game, while Saints players Darren Sproles, Roman Harper and Kenny Vaccaro were "sprinkled throughout the courtside crowd" (Baton Rouge ADVOCATE, 10/31).
SHIFTING GEARS? Pistons Owner Tom Gores said of this year's team, "We expect the playoffs. I expected it last year. And as I've said, I'd be very disappointed if we didn't make it. ... We have to be successful this year." He added, "This fan base will show up. You just gotta deserve them. And I think that's where we're at right now" (DETROIT NEWS, 10/31).


text:
Police Brutality Topics
Democracy Now! has documented scandals of police brutality across the country. Scroll through the stories below to see our coverage of the killing of unarmed teenager Michael Brown in Ferguson, Missouri, and protests calling for the arrest of the officer who shot him. In New York City we reported on the death of Eric Garner after police placed him in a chokehold as he repeatedly told them, "I can't breathe!" The encounter was recorded by an onlooker using his smartphone. We have also documented the killing of Kenneth Chamberlain Sr., a 68-year-old Marine veteran shot by police inside his own home after he mistakenly set off his LifeAid medical alert pendant. In 2011-2012 we covered the police crackdown on the Occupy movement, and spoke to Scott Olsen, who survived two tours in Iraq but nearly died when he was hit with a police projectile at an Occupy Oakland protest. We also interview loved ones of police victims, and feature conversations with advocates like Michelle Alexander, author of the best-selling book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness.
- Outrage is growing in Albuquerque, New Mexico, after the latest incident in a spate of police shootings. Video footage captured by a police helmet camera shows officers killing James Boyd, a homeless man who appeared to be surrendering to them at a campsite where he was sleeping. Boyd is seen picking up his belongings and turning away when officers deploy a flash grenade and then fire six live rounds at him from yards away. The Albuquerque...April 01, 2014 | Story
- Scott Olsen survived two tours in Iraq but almost died when he was hit with a police projectile at an Occupy Oakland protest in 2011. He was hospitalized in critical condition with a fractured skull, a broken neck vertebrae and brain swelling. At the time of the shooting, Olsen was wearing fatigues and a Veterans for Peace T-shirt. Moments after he was shot, police fired a bright flash grenade at a group of Occupy protesters who attempted to...March 21, 2014 | Story
- New York City's newly elected Mayor Bill de Blasio has announced the city will drop its appeal of a ruling by a U.S. district court that found the New York City Police Department's controversial "stop-and-frisk" program unconstitutional and settle an ongoing lawsuit. In August, Judge Shira Scheindlin criticized the police for relying on a "policy of indirect racial profiling" that led officers to routinely stop...January 31, 2014 | Story
- A sweeping set of changes to the New York City Police Department's controversial "stop-and-frisk" program has been put on hold. In August, U.S. District Judge Shira Scheindlin found the program unconstitutional, saying police had relied on a "policy of indirect racial profiling" that led officers to routinely stop "blacks and Hispanics who would not have been stopped if they were white." While she did not...November 01, 2013 | Story
- As Egypt sets a date for ousted President Mohamed Morsi to stand trial for inciting the murder of protesters and the Muslim Brotherhood calls for mass demonstrations, we speak with two people who witnessed one of the bloodiest massacres of Morsi supporters by Egyptian state forces. Acclaimed Toronto filmmaker John Greyson and emergency room medical doctor Tarek Loubani were in Cairo on August 16, en route to a humanitarian mission in Gaza,...November 01, 2013 | Story
- By Amy Goodman with Denis MoynihanOctober 23, 2013 | Columns & Articles
Elsa Cruz filed a federal lawsuit in New York this week, months after police shot her husband dead.
- As the October 22nd Coalition to Stop Police Brutality, Repression and the Criminalization of a Generation holds protests in several cities today, we bring you the shocking story of Mohamed Bah, a 28-year-old college student from the African nation of Guinea. He was shot dead by New York City police officers on September 25, 2012. Police arrived at Mohamed Bah's apartment after his mother, Hawa Bah, called 911 because she thought he was...October 22, 2013 | Story
- On May 26, Elsa Cruz called 911 because she was worried her husband, Samuel Cruz, had stopped taking his medication for schizophrenia and bipolar disorder. Police from New Rochelle, New York, soon arrived. By the time they had left, Cruz had been shot dead. Police claimed he lunged at officers with a knife. Cruz was a 48-year-old artist from Puerto Rico. The Cruz family is filing a lawsuit against the New Rochelle Police Department today. We...October 22, 2013 | Story
- The civil rights lawsuits filed by the families of Samuel Cruz and Mohamed Bah, both murdered by police after family members called 911 for medical assistance, include a call to train police how to handle crisis intervention and how to respond to calls for help with people who are emotionally disturbed. Unlike the 2,500 communities in over 40 states, New York City and New Rochelle police do not have crisis intervention teams designed by mental...October 22, 2013 | Story
- In a major new report, the International Network of Civil Liberties Organizations details a global crackdown on peaceful protests through excessive police force and the criminalization of dissent. The report, "Take Back the Streets: Repression and Criminalization of Protest Around the World," warns of a growing tendency to perceive individuals exercising a fundamental democratic right — the right to protest — as a threat...October 10, 2013 | Story
Show for Mar 30, 2015
Iran Talks Enter Final Hours; Tehran Reportedly Withdraws Pledge to Enrich Overseas
Saudi Arabia: No End to Yemen Attack Until Houthis Surrender
Arab League Agrees on Joint Military Force; Iraq Criticizes Yemen Strikes
2014 Was Deadliest Year for Palestinians Since 1967
France to Advance Israel-Palestine Measure at U.N., Testing U.S. Veto
Al-Qaeda Affiliate Helps Capture Syrian City of Idlib
Tunisia Claims Death of Museum Attack Suspect as Tens of Thousands March
Millions Vote in Nigerian Elections Amid Violence
Amid Protest, Indiana Gov. Evades Questions on anti-LGBT Law
Schumer to Seek Democratic Senate Leadership to Replace Reid in 2016
Thousands Protest Cuomo Education Agenda in NYC


text:
Want to hear some exclusive new live recordings from Echosmith? Check out their Spotify Sessions they recorded in New York!
Echosmith will be touching down in Canada next week as they bring their live show to Montreal, Toronto, and Vancouver.
Get into gear with Furious 7
Furious 7: Original Motion Picture Soundtrack, is the musical companion to the eagerly awaited action-thriller. The album arrives in stores and online March 17th and is currently available for pre-order; FURIOUS 7 opens in theaters and IMAX on April 3rd.
Each week leading up to the release of the soundtrack pre-orders will receive a new instant grat track. Watch the video for "Ride Out," from Kid Ink, Tyga, Wale, Y.G., & Rich Homie Quan, one of the first tracks off of the album!
Playlist of the week: Topsify Canada Rock Top 40
Check out Topsify Canada's Rock Top 40 playlist for the biggest Rock tracks in Canada right now! Featuring Royal Blood, The Black Keys, Halestorm & more.The Angry Kids drop Battle
It's not quite the weekend yet, but we've got the track to get you ready for it. The Angry Kids have been working hard in the studio, putting together a few tracks for you all, with "Battle (It's Beautiful)" being the first single. Now available to stream on Soundcloud, "Battle (It's Beautiful)" is exclusively available to download on Beatport.
"Battle (It's Beautiful)" will be available on all other digital service providers on March 3rd.Francesco Yates release new single, Better To Be Loved
Now that Valentines Day has come and gone, I think it's become evident to all of us that it's 'Better To Be Loved'. Francesco Yates agrees. The brand new single from Francesco, which has also been crowned the #1 most added song on Top 40, Hot AC, and AC radio stations, has been released.
Titled 'Better To Be Loved', Francesco shows off his wide vocal range in this track. 'Better To Be Love' is now available to download and stream.


text:
A few fun problems from the inaugural Hospital Boulders comp
Loading more stuff…
Hmm…it looks like things are taking a while to load. Try again?
TM + © 2015 Vimeo, LLC. All rights reserved.
Made with k in NYC.
Your content preferences apply to any Vimeo videos you view. Learn more about content preferences in our FAQ.


text:
I am 38 weeks pregnant and i keep having sharp pains in and around my vagina area.
I do feel as if the she has dropped and I have pains that are reoccurring and they last up to one hour. I have a lot of pressure in my pelvic region and sometimes feel as if she is trying to push out my poop and gas. The sharp pains are irregular and I try to walk them off. Sometime the pains are so shocking they almost knock me off my feet. My husband sometimes can't help to laugh sometimes because the pains are so sharp and sometimes last up to a minute that my eyes look like they are popping out of my head. But after a while the pains start to go away. I think they are just really sharp Braxton Hicks contractions, but i'm not sure. So that's why i'm asking.
Posted: 08/26/2007 by x3MrsErika
Mom Answers
Sort by: best answers | most recent answers
101 - 110 of 171 answers
Im 34 weeks and im getting alot of pain and pressure in and around my vagina but not my lower back. My husband cant help but laugh cuz I describe it like I feel my vagina is going to fall off lol....posted 06/16/2011 by shorty72187
There is also a "round ligament" on either side of your pelvic area. If They are stretched or pulled you will feel that sharp, shooting pain. However if they are lasting that long, they may be BH.posted 10/19/2007 by jsmash
Im 38 wks pregnant 'since 36wks Iv been getting wet not sure if its amniotic fluid or discharge.At night time my vagina seems open and swells or starts pertruding during intercourse my husband says I dont feel the same as if Im opening is this normal?posted 05/16/2011 by janketco
im only 30 weeks and starting to get these pains. its hard to explain to someone coz it hurts to walk n even breath - but its not pain full in those areas. it just hurts when i do those things. i feel liek im going to go early coz it doesnt feel right.. also my first baby..posted 05/12/2011 by samanthajanderson88
Thank you all for helping me feel so much better, I am 37 weeks and so miserable between the peeing every 15 min, sharp shooting pains in my pelvis almost dropping me to the floor and sharp pains across my abdomen when i cough or move positions, good to know I'm not the only one out there miserable, no offense, lol :)posted 03/31/2011 by miller3267
I'm 37 weeks and also have the same pain but for some reason my pain doesn't go away sometime it hurts some much I can't get up from bed or other times it gets hard for me to walk but the more I move the less pain I feel, I've been feeling like this for almost a week now... I get a little worried because its my 1st pregnancy, ill just have to ask my doctor on my next appointmentposted 03/21/2011 by jessicatd11
thank you all for the advise i am 39weeks and i feel so bad too i have the same pains and this have been going on for along time and now my pelvis bone feels like its about to break.i am so ready to go into labor my obgyn haven't told me anything.posted 01/07/2008 by a BabyCenter Member
Ok I am 33 1/2 weeks along with my second boy, I keep having these shooting, sharp pains that are INSIDE my vaginal area, almost like someone is taking a needle a pricking me with it. I can swear sometimes it feels like he is pushing is head more and more down. Like he is neslting or something. It all hurts, has anyone else had this issue???posted 03/23/2010 by T.Csmomma04
Nice to know I'm not the only one... 39wks today and feel the same way ugghh... I feel like when I walk that it's worst I feel like something is going to fall out! Good luck hopefully it will all be done and over with for all of us soonposted 01/12/2011 by lindaarviso
Nice to know I'm not the only one... 39wks today and feel the same way ugghh... I feel like when I walk that it's worst I feel like something is going to fall out! Good luck hopefully it will all be done and over with for all of us soonposted 01/12/2011 by lindaarviso
Answer this question


text:
fabindia's natural, craft-based pieces reference ethnic garments and fabric. This stylish stole perfectly captures the traditional mood of the moment with its chanderi patterning. Chanderi fabric is renowned for its very fine gossamer quality, placement of motifs and design intricacy, and has been the chosen fabric for saris produced for the royalty. The fabric's unique qualities result from the traditional method of sizing and hand weaving developed over the centuries. Twist it into a stylish knot or wrap it around your shoulders and feel the luxe fabric caressing your skin.
Approximate Length: 180 cm
Off white stole made of silk and cotton blended fabric
Turquoise blue chanderi print
Wash care
Dry clean only
Max 12% VAT applicable on Footwear and Accessories. For other categories, max 5% VAT is applicable.
100% Original Products
Free Delivery on order above Rs. 999
Cash On Delivery
Earn points when you shop,share or like products on myntra.com
These points can be used to cash to shop more products.


text:
Health Sciences North
"An Environment of Learning" is one of a series of promotional videos we created for Health Sciences North to promote their unique and innovative approach at becoming a Centre of Academics Excellence for the North.
Loading more stuff…
Hmm…it looks like things are taking a while to load. Try again?
TM + © 2015 Vimeo, LLC. All rights reserved.
Made with k in NYC.
Your content preferences apply to any Vimeo videos you view. Learn more about content preferences in our FAQ.


text:
Not your town BP.. kids live there - totally inappropriate- kids are watching you
Back on April 20, while addressing the crowd at Fenway Park's first home game after the Boston Marathon Bombing, Red Sox designated hitter David Ortiz delivered a memorable quote — emphasized with the now-famous words, "this is our f------ city!" And to help raise money for the One Fund Boston charity, Big Papi is using those same words to raise money for the victims of the attack by putting them on a baseball bat. Ortiz's quick pregame speech in the midst of a Boston tribute that came in the wake of the Boston Marathon bombing made headlines when he used the F-word. And now, anyone can buy a bat with that phrase emblazoned on the inside of the barrel available at big papi.com. If you prefer "Nobody's going to dictate our freedom" to the "this is our f------ city" quote, you have an option to pick the former. But it sounds like the cool thing will be choosing the R-rated version. The Red Sox designated hitter announced that in conjunction with Marucci Sports he'll be selling customized bats, and 100 percent of the net proceeds will be donated to the One Fund Boston and other sources of victim support.
Not your town BP.. kids live there - totally inappropriate- kids are watching you
MLB News
Delivered to your inbox
You'll also receive Yardbarker's daily Top 10, featuring the best sports stories from around the web. Customize your newsletter to get articles on your favorite sports and teams. And the best part? It's free!
Saints love TE Josh Hill following Jimmy Graham trade
Darren Sproles' role is growing for the Eagles
Barkley, Reggie Miller condemn Indiana religious freedom bill
Report: Rick Barnes not expected back at Texas
Metta World Peace interested in coaching at St John's
Knicks want Marc Gasol, do they know what they're asking for?
New York Rangers are the first team to clinch a playoff spot
Victorino: I plan on playing every day for Red Sox in 2015
The Rams are still planning on drafting a quarterback
Howard willing to make 'ultimate sacrifice' for Rockets
|Best of Yardbarker
|NFL News
|MLB News
Today's Best Stuff
For Bloggers
Join the Yardbarker Network for more promotion, traffic, and money.
Company Info
What is Yardbarker?
Yardbarker is the largest network of sports blogs and pro athlete blogs on the web. This site is the hub of the Yardbarker Network, where our editors and algorithms curate the best sports content from our network and beyond.
|© 2015 Yardbarker, Inc. All rights reserved. Use of this website (including any and all parts and components) constitutes your acceptance of these Terms of Use and Privacy Policy. (What's New?)


text:
Recent announcements from Visa and MasterCard have set the stage for the U.S. implementing EMV/chip cards.
Coastal FCU offers Visa credit card with six months of zero interest.
PSCU has announced that it will take a lead in piloting distribution of MasterCard's PayPass digital wallet services.
With a $10,000 grand prize presented by MasterCard at stake, three finalists have been named for the second annual CO-OP THINK Prize, created in 2010 to inspire innovative solutions to the issues confronting the credit union industry.
Card brand joins rival Visa in planning EMV technology adoption for U.S. cards.
mFoundry and MasterCard are preparing to offer cardholders the ability to use their smartphones for contactless payments.
MasterCard said its cardholders will soon be able to use their smartphones for contactless payments, using mobile banking technology from mFoundry.
The National ATM Council and assorted independent ATM deployers have filed an anti-trust suit against Visa and MasterCard.
PayPal gave merchants and others a peak at the new payments technology that, it said, will allow it to overcome the dominance of Visa and MasterCard at the point of sale.
Jack Henry & Associates Inc. said an expanded processing relationship with MasterCard Worldwide will help reduce the number of paper checks its iPay Technologies division generates to pay consumers' bills.