text:
Proceedings PaperStatus Of The Free Electron Laser Experiment On The Super-ACO Storage Ring
|Member Price
|Non-Member Price
|GOOD NEWS! Your organization subscribes to the SPIE Digital Library. You may be able to download this paper for free.
|Check Access
Paper Abstract
Following the first storage ring Free Electron Laser (FEL) acheived between 1983 and 1986 in the visible on ACO, new experiments are under developpment on the new ring Super-ACO for extending the radiation from the visible to the UV and VUV ranges. For FEL experiments, Super-ACO is operated at 600MeV, with two stabilized opposite bunches, separated by 120ns. The permanent magnet optical klystron consists in two undulators of 10 periods of 13cm each, and a 0.5m long dispersive section in the middle, with a maximum deflection parameter K value of 5.75. The 18m long optical cavity and the mirrors were set-up at the end of January. A specific "low emittance" optics provides 2% of gain at 600MeV. The laser oscillation was acheived on Super-ACO in February at 633nm with 2Å of bandwidth. Tunability results from the undulators gap change. The FEL remains down to 3mA per bunch. Except from the microtemporal structure due to the storage Ring, the macrotemporal structure seems to be continuous, showing the high stability of the positron beam.
Paper Details
Date Published: 26 December 1989
PDF: 10 pages
Proc. SPIE 1133, Free Electron Lasers II, (26 December 1989); doi: 10.1117/12.961594
Published in SPIE Proceedings Vol. 1133:
Free Electron Lasers II
PDF: 10 pages
Proc. SPIE 1133, Free Electron Lasers II, (26 December 1989); doi: 10.1117/12.961594
Show Author Affiliations
Marie-E. Couprie, CEA (France)
Claude Bazin, ESPCI (France)
Claude Bazin, ESPCI (France)
Michel Billardon, ESPCI (France)
Michel Velghe, Univ. de Paris-Sud (France)
Michel Velghe, Univ. de Paris-Sud (France)
Published in SPIE Proceedings Vol. 1133:
Free Electron Lasers II
© SPIE. Terms of Use


text:
Login/Create Account
Check Out the new Remax App
Ask About This Home
LA JOLLA CLASSIC! This privately situated grand cottage style residence will sweep you away! Charming spacious living areas with high wood beamed ceilings. Home features newer gourmet kitchen, hardwood floors, crown molding, plantation shutters, French doors, family and living rooms enjoy cozy fireplaces, 2 br/2 ba on 1st level, upstairs master suite w/peek ocean views, optional office/bedroom and remodeled bathroom. In La Jolla's community of Upper Hermosa close to shops, beaches and restaurants. Lovingly cared-for, this residence is move in ready. Situated just below street level for optimum privacy, the peaceful surroundings make one feel as though they are in the countryside and just moments away from the blue Pacific! Featuring fireplaces in the living and family rooms, 2 bedrooms downstairs, one ensuite, the other with private covered alcove on the patio. The upstairs master suite complete with 2 closets, one a huge walk in with built-ins. Spa-like appointments in the gorgeous master bath amongst marble accents. The gourmet kitchen features Viking and Kitchen-Aid brand appliances, wine refrigerator surrounded by French country cabinetry. The large dining room opens to the welcoming family room which in turn opens to the large red-brick patio with a peaceful bubbling fountain and mature gardens. Central heating and air conditioning, water softener, ensure comfortable surroundings. The attached 2-car garage includes generous storage space.

subset: commoncrawl


text:
Global Knowledge Resources for Telemedicine & eHealth
In this "Knowledge Resource" section, you can find references of the presentations that have been made at Med-e-Tel throughout the past years (2002-2014). It is a comprehensive listing providing an overview of Telemedicine and eHealth research, technology, practical experiences and information from around the world, which is updated year after year with new titles and links.
The information is available sorted per Year, per Topic and per Country, and also includes a list of Evidence Based Telemedicine/Telehealth experiences.
The Year refers to the year the presentation was made at Med-e-Tel.
The Topics section lists the presentations per general topic (such as telecardiology, homecare, developing countries, etc.).
Country refers to the country of the principal author/speaker. Although this classification per country is not as relevant for all presentations (as some cover regional or global issues, or non-country specific data or experiences), it is highly relevant for some of them and allows to search for country specific Telemedicine and eHealth programs or data.
The Evidence Based Telemedicine/Telehealth section provides an overview of presentations that offer evidence of Telemedicine/Telehealth outcomes, i.e. providing an insight into clinical and/or economic effectiveness and efficiency of Telemedicine/Telehealth applications.
Want to be included in this "Knowledge Resource" section? Submit your abstract for the next edition of Med-e-Tel! Click here for more information.
Submit your presentation proposal for the Med-e-Tel 2017 conference program - deadline: December 4th
Save the date: Med-e-Tel 2017 - 5-7 April 2017
Med-e-Tel 2016 presentations available online
Get your copy of the Med-e-Tel 2016 Proceedings
Med-e-Tel "Knowledge Resources": browse all presentations from 2002 till 2016 (open access)
Join the global network of the International Society for Telemedicine & eHealth
The Luxembourg Convention Bureau has negotiated special rates with various hotels in Luxembourg
For more details and booking form, click here


text:
Mice - Kensington
Display Items Per Page
The best trackball ever made has just gotten better. Designed for PCs and Macs, the new Expert Mouse®employs Kensington´s DiamondEye optical technology for smooth, precise cursor movement. Surrounding the ball, we have a brand new implementation of our award winning Scroll Ring that puts… [More]
Now you can have the reliability of a wired mouse without the cable clutter. The Kensington Pro Fit®Mobile Retractable Mouse offers an advanced Blue Optical sensor to track on more surfaces than standard optical sensors. The retractable cord means that when you're ready to work-wherever that… [More]
The Mouse·in·a·Box™ Wired USB provides reliable optical mouse performance for an attractive price and it´s completely plug and play so it works with your computer, right out of the box-guaranteed. PC and Mac compatible. Optical sensor for reliable mouse c… [More]
The Kensington Mouse for Life Wireless Three-Button Mouse has a comfortable contoured shape that feels great in either hand. The wireless nano receiver provides long range and minimal interference, and stores inside the battery compartment. It has a high-definition optical sensor for precise respons… [More]
When you need a compact, mobile mouse that offers Bluetooth wireless performance and comfort, the Kensington Pro Fit Bluetooth Mouse has everything you need to be productive. The Bluetooth connection allows you to save a USB port on your device for other accessories, which is extremely convenient on… [More]
As stylish as the SureTrack™ Any Surface Bluetooth® Mouse is, what really sets it apart is the technology inside. The high-definition laser sensor allows it to track anywhere you work—even on glass. What's more, the SureTrack Mouse connects to your Ultrabook®, MacBook… [More]
The features that matter most in your office are comfort and reliability. And the Kensington Pro Fit® Wireless Mid-Size Mouse delivers with plenty of both. The mid-sized right-handed design feels great in the hand while the wireless technology is ideal for crowded office environments. PC an… [More]
Comfort and productivity are at your fingertips with the Kensington SlimBlade™ Trackball. The slim, low-profile design provides all-day comfort while the advanced dual laser sensors and large ball deliver exceptional precision. Your computing experience gets smoother, faster and easier with th… [More]
Now there's a precision laser mouse that travels well and is ready when you are. The Kensington SlimBlade™ Wireless Laser Mouse offers a laser sensor for precise control on more surfaces. A storable nano receiver offers wireless freedom and is always ready to work. Plus the thin profile, u… [More]
The Mouse·in·a·Box™ USB provides reliable optical mouse performance for an attractive price and it´s completely plug and play so it works with your computer, right out of the box-guaranteed. PC and Mac compatible. Optical sensor for reliable mouse control… [More]
You are viewing page 1 of 2


text:
Fuse Creativity System Project Guide: Fun Party Themes, Idea for Handmade Cards, And More Paper Crafts from Fiskars
Bonus: Get our newsletter & special offers for free. We will not share or sell your email address. View our Privacy Policy
Latest Comments
"This is perfect!! I can't wait to get started on my own cute little kitchen herb garden...when I get my own place, that is"
"Very intresting of what projects can be done with tp. We use them a lot for projects with children and this one will be this week project. Though, i think the colors can be more traditional with green and red or maybe golden colors with the green tree. I am sure the children will chose the traditional, but personally i like this one. Can be placed in any wall and every season."
"How cute are these fun and colorful little birds! I really like how easy they are to make. Can you really make a flamingo like mulberrygalprinces s says you can? That would be so cute to make. I love the idea of making several kinds of birds. My stepdad loves birds, so I can see making all kinds of these for him to add to the christmas tree or just to decorate the house."
"What a fun and festive way to use up a pile of paper clips that you never use! I love that you made them in various colors. I think it is so neat to use magnets on them too. You could use them to hang pictures from on a refrigerator or file cabinet."
Bird and Text Collage Wall Art
By: Becca Dulgarian of Blue Cricket Design
We are adding the craft to your Craft Projects.
The project was added to your Craft Projects.
Click here to view your Craft Projects.
Make your own bird wall art with printed bird templates and a textual collage for the background. This wall art craft project shows you how to create wall decor with the look of pricier designer pieces.
- Two Canvases
- Permanent Marker
- Printed Birds to trace
- Scissors
- Paint, Wallpaper or Vintage pages to create a canvases back ground
- Glue or Mod Podge
It's easy to find images of birds online by doing an image search. Print your images on card stock or mount them on card stock to create a firm template. Cut them out and your ready to go!
To create some fun texture and interest cover your canvas in Scrapbook paper, Paint or Vintage book pages! To adhere any sort of paper mix two parts water to one part school glue or Mod Podge. Paint your paper with your glue mixture and lay smoothly on your canvas. Once the entire canvas is covered let it dry over night before moving onto the next step.
When it's dried completely lay your two canvases next to each other.
Use a pencil to free hand your tree branches. Be sure to continue your branch from one canvas to the next.
Outline your penciled sketch with your permanent marker.
Color in your branches completely.
Place your bird images on the branches and trace them with a pencil. Remember you can make a bird face the other way by flipping them over!
Color in your birds.
Now we'll add our details! Draw on leaves and smaller branches and color them in. Lastly you'll want to color it all in one last time to insure a deep dark silhouette and to cover up any uneven marker strokes.
Hang them side by side and enjoy!
Tags / Related Topics
Your Recently Viewed Projects
Images from other crafters
Love these projects? Get MORE delivered to your Inbox – FREE Click Here!
Jun 14, 2015
Notes to consider Pages from old books are not acid-free. Using a smallish paint brush with acrylic craft paint might be quicker than markers.
Carol M 2075
Jul 04, 2013
This could be done with tons of exciting backgrounds!
maricarmenvicente 1512084
Jun 17, 2013
I love it
bhoff71bh 9892535
May 18, 2013
This is so great. I have several old cork boards that are framed that this would look wonderful doing.
Apr 12, 2013
Super cute and easy....I can't wait to make one!!
melonybrannon 1634 821
Apr 02, 2013
luuuuuuv it
Jul 25, 2012
I just made this last night and absolutely love it. Thanks for posting :)
May 09, 2012
Super cute! You could make smaller ones one smaller canvases for quick gifts. Also, you could make ANY animal and their habitat. I tried bears in a forest (trees) and it was SUPER cute
Feb 09, 2012
this is awesome. I've done this before but used sheet music, printouts, and an x-acto knife. It came out really cute.
Jul 07, 2011
This is a fantastic craft idea! I love the outdoors and always looking for new ways to express my love of nature. This is a great way to recycle old books and newspapers too!
nishibert 0095763
Jul 07, 2011
Love this. What a great idea. This could also be done with black vinyl on the Cricut Machine. The new cartridge, Pagoda, has some beautiful images in oriental motif. I am going to get busy and try a few different versions. Thanks!
Jul 07, 2011
This is really nice! Thank you :)
Crafter 15001
Jul 07, 2011
I just love this one...will be next on my list :)
Jul 07, 2011
What a great idea, thanks!
kellyconway 551979 0
Feb 12, 2011
Love This !!
Report Inappropriate Comment
Are you sure you would like to report this comment? It will be flagged for our moderators to take action.
Thank you for taking the time to improve the content on our site.
Something worth saving?
- SAVE all your favorite crafts
- ADD personal notes
- QUICKLY reference your crafts
Free eBooks
- 11 Crochet Shawl Patterns: Crochet Poncho Patterns, Free Easy Crochet Patterns and More
- 11 DIY Christmas Decorations and Gift Ideas
- 12 Knitted Scarf Patterns: Fabulous Free Knitting Patterns for Beginners
- 16 Free Crochet Hat Patterns, Scarves, and Gloves
- 24 Thanksgiving Dinner Recipes and Fall Craft Projects
- 7 Adult Coloring Pages
- 8 Free Apron Sewing Patterns
- Easy Lace Knitting Patterns
- Jolly Holidays: 15 Free Knit and Crochet Gifts and Holiday Projects
- Quick & Easy Decoupage: 12 Fabulous Mod Podge Projects for Your Home
Our Newest Projects & Articles
- Dr. Knit's Curious Creatures Book Review
- Cool Comforts Knit Throw
- Casual Cables Throw
- Color Dip Scarf
- Premier Deluxe Interchangeable Needle Set
- Mason Jar DIY Herb Garden Infographic
- Solar Robot Coloring Page
- Spring Flowers Adult Coloring Page
- Rusty the Robot Coloring Page
- Robot on the Beach Coloring Page


text:
Johnson & Johnson (NYSE:JNJ) isn't on our Buy List, but I like the stock a lot. I'm amazed at how poorly health care stock have been doing.
One of the best ways to find great stocks is to pick the best names out of the weakest sector. Studies have shown that much of a stock's movement is due to whatever industry it's in.
As the health care sector has stumbled, the good and the bad have fallen. One year ago, the stock was closing in on $70 a share. Today, shares of J&J are hovering just above its 52-week low of $56.70.
If J&J beats earnings and fails to rally, we'll really have an example of poor investor confidence. Here's an earnings preview:
OVERVIEW: The company started the quarter losing out to Boston Scientific Corp. in a bidding war for heart device maker Guidant Corp. In February, the company's Ortho Evra birth control patch was in the spotlight after the Food and Drug Administration released a study reporting double the risk of blood clots in women compared with those using the pill.
Flush with cash, the company's board approved the repurchase of up to $5 billion of common stock in March, roughly 85.1 million shares of J&J's 3 billion shares outstanding. Toward the end of the quarter, an arbitration panel ruled against the company after J&J alleged that medical device maker Medtronic Inc.'s Driver brand stents infringed patents owned by the company's Cordis Corp. unit.
EXPECTATIONS: Analysts surveyed by Thomson Financial estimate earnings per share of 98 cents on sales of $13.21 billion.
ANALYST TAKE: Merrill Lynch analyst Katherine Martinelli estimates earnings per share of 98 cents on revenue of $12.99 billion, slightly less than consensus due to generic competition. Martinelli expects pharmaceuticals sales to drop 3 percent to $5.57 billion, but medical device sales to rise 5 percent to $5.03 billion, resulting in a 1 percent rise in total sales. Banc of America analyst Glenn J. Novarro forecast earnings per share of $1 on $13.2 billion in sales.
WHATS AHEAD: Despite an expected rise in medical device sales due to captured market share from Boston Scientific in the drug-coated stent market, Johnson & Johnson could face sales challenges along with the rest of the sector following recently proposed Medicare rules that would cut reimbursements to hospitals for heart-related devices.
STOCK PERFORMANCE: Shares of Johnson & Johnson fell about 3 percent over the quarter to close at $59.22 on the New York Stock Exchange on March 31. The stock traded between $56.70 and $69.99 over the past 52 weeks.


text:
wwe 12 2014 in ps2 release
Related searches
Wwe 12 2014 In Ps2 Releaseat Software Informer
FM 2014 is the latest release of the well-known Football Manager game series.
Manager 2014 is the latest release
11 user rating
Autodesk 13 Update
It improves data integrity and visual fidelity when changing models with Revit.
More Wwe 12 2014 In Ps2 Release
Wwe 12 2014 In Ps2 Release in introduction
10 Microsoft Corp. 3 Freeware
This includes an emulator that uses a virtual machine.
6 Autodesk, Inc. 853 Update
It is a free release designed for Autodesk3ds Max 2014 that includes fixes.
11 Vyacheslav Dzhura and Denys Zhatov 247 Freeware
Half-Life: Decay is a PS2 story that comes now for the PC.
Additional titles, containing wwe 12 2014 in ps2 release
90 YUKE'S Co., Ltd. 4,235 Commercial
WWE 2K15 is the latest in the series of WWE games.
MTA Software, Inc.
MTA Press Release is an excellent press release posting tool.
7 celebrityscreensavers 6 Freeware
WWE Divas include Sable, Holly, Lilian Garcia, Trish Stratus, Nidia.
White Paw Products Freeware
This sexy WWE diva is a stunning beauty with a killer body and lean, long legs.
3 Power Play Development 28 Freeware
You may play in any and all tournaments of the WWE Poker.
61 World Wrestling Entertainment, Inc 67 Commercial
WWE SmackDown vs. Raw 2011 will empower players more than ever.
20 Visual Concepts , Yuke's 435 Commercial
WWE 2K16 is a professional wrestling video game that includes many players.
3 Memor32 65 Freeware
Memor32 Savegame Manager lets you load and save PS2 savegames to and from a PC.
3 sksapps 106 Freeware
Put Games straight from your computers HD to your Ps2 HD.
StarGame 3
Cadence Design Systems 1
Articles of interest› All articles


text:
If you're in the market for some new ways to improve your customer service and grow your business, look no further than assessing and improving your customer experience strategy. Today's customers ...Read More
If you're a sales leader and you haven't been paying attention to the customer experience craze, you need to start now. Customer experience is more than a one-time encounter between your customers ...Read More
Working hard to improve the customer experience your company delivers? Making sure your sales and service teams are in sync is a great way to bolster your customer experience. Steven MacDonald of S...Read More
Sales leaders need to review how their teams — vendors and in-house — are performing to ensure customers have experiences that keep them coming back for more. Here are three sales experience basics...Read More
Gone are the days when sales leaders and their reps needed to focus solely on closing the big deal and hitting their numbers. Today the focus is on delivering an excellent customer experience acro...Read More
These ten sales and customer experience tips will help your vendors become an extension of your company and delight your customers. As Peter McKean, Managing Director of Synthetix, has written, "Im...Read More


text:
What's On TV Tonight? – 'Legends' Series Finale, 'WWE Monday Night Raw' on Monday
The final episode of Legends has come, as the series finale airs on TNT! But what else is on TV tonight? Here are the TV listings for Monday 12/28/2015:
Happy New Year, Charlie Brown – While other members of the Peanuts gang plan a holiday celebration, Charlie Brown struggles with "War and Peace"; a bonus cartoon is "She's a Good Skate, Charlie Brown." (ABC)
Marilyn Monroe: Life and Death – An in-depth look into the life, death and legend of Marilyn Monroe, including her humble beginnings to super-stardom. (Reelz)
Love & Hip Hop – An all-new episode of the reality TV drama. (VH1)
WWE Monday Night RAW [LIVE] – Ring in the New Year with the WWE Superstars and Divas. (USA Network)
Hollywood Medium With Tyler Henry ("Meet the Medium to the Stars") – Hollywood's go-to medium, Tyler Henry, shares his supernatural gift with Hollywood stars Jaime Pressly, Bella Thorne, Tom Arnold, Margret Cho, Boy George, Jillian Rose Reed, Amber Rose and many more. (E!)
Legends ("The Legend of Doku Zakayev") – Martin goes back to work for Tamir; Gabi confronts Blazek about his secret dealings; Kate is held prisoner in the President's compound in Chechnya; in 2001, Dmitry tries to convince Tamir to earn General Arsanov's trust. (TNT)
Superstore ("Shots and Salsa") – Jonah offers to help when Cloud 9 is flooded with people who want the flu shot, leading to his most stressful day yet; Amy and Carmen are asked to put on sombreros and hand out salsa samples. (NBC)
Heroin: Cape Cod, USA – The lives of eight young heroin addicts on Cape Cod provide a glimpse into the heroin epidemic that is currently sweeping through America's small towns and communities. (HBO)
Nostradamus: 21st Century Prophecies Revealed – Nostradamus seems to have been able to predict many modern-day disasters, including 9/11, the recent tsunamis in the Pacific and the Ebola outbreak of 2014. (History)
Black Ink Crew: Chicago ("The Don Sets in Paradise") – Van receives shocking news at his court appearance; Kat questions the girls' loyalty when they fail to visit; Don decides to take Ashley on a weekend trip to prove his commitment. (VH1)
Telenovela ("Trapped in a Well") – Ana is determined to avoid a fight with Mimi; Gael is distracted by his overly tight pants; Rodrigo gets involved with a band that Xavi used to be a part of. (NBC)
Teen Mom: Behind the Cameras – Maci, Farrah, Cate and Amber reveal what it's like to shoot the show. They share personal home videos and showing how close they are with the crew. (MTV)
Legends ("The Legend of Gabi Miskova") – Martin and Nina search for Tamir's associate in hopes of getting some answers; two Chechen assassins put a deadly plan into action; Malika gives Beslan orders; in 2001, Dmitry struggles to complete his mission. (TNT)
Elvis Presley: Life and Death – A look into the life, death and legend of Elvis Presley, including his inner circle of friends and the price of a lavish lifestyle and fame. (Reelz)
Black Ink Crew: Chicago ("Goodbye Doesn't Mean Forever") – The 9Mag crew hosts an event to help victims of violent crimes; Don tries to win Ashley back; Van is forced to make a life-changing decision; an unexpected guest arrives at a birthday celebration for Ryan's late sister. (VH1)
Legends [SERIES FINALE] ("The Legend of Alexei Volkov") – Martin makes a deal with the Russians to rescue Kate; Gabi struggles to make a decision about her husband; in 2004, Dmitry asks one last favor of Terrence; in 1972, the last pieces of the puzzle to understanding Martin Odum's identity are revealed. (TNT)
E! News – Entertainment news. (E!)
What, if anything, do you plan on watching on TV tonight? Sound off in the comments!
And for more TV updates, follow me on Twitter: @NickRomanTV


text:
Most stores stick items that they want to sell in a store window for people to see, but Tomoka Minami is in this window getting the fucking of a lifetime while shoppers get to see her being thrusted. They´re getting one hell of a window show, as this horny MILF squeezes his cock tight within her pussy.
Most stores stick items that they want to sell in a store window for people to see, but Tomoka Minami is in this window getting the fucking of a lifetime while shoppers get to see her being thrusted. They´re getting one hell of a window show, as this horny MILF squeezes his cock tight within her pussy.
Horny Naked Wrestling HousewivesJune 18th, 2013
Take a look at this hot MiLF, she is such a fucking fine lesbian whore that you will be shocked at what she has gotten herself into. This is some of the wildest group action that you have ever seen. In this ladies only wrestling class they get wild, crazy, and busy with each other. You will spank the monkey like there is no tomorrow after you watch this video and you will fucking love this as it is the hottest fucking sex toys action that I have ever seen.
Horny Miral Hirooka Face Fucked in PublicJune 11th, 2013
Miral Hirooka is a lovely Asian model who is posing outdoors for some sexy public sex shots. She shows off her big tits as she poses in the park. She happily shows off some up-skirt shots and teases the photographer until he is rock hard and his dick needs to be sucked! He feeds her his meat and leaves his video camera on to catch all the action.
Sexy Fun on a CarouselJune 5th, 2013
Asian exhibitionism is something lovely model An Mashiro's boyfriend is really into. She likes being a flasher and her guy loves it when he puts her in situations where she is nude in public so he can get it on film to make wild Asian porn clips. An Mashiro is at a local game room wearing a sexy bikini riding on a rocking horse. She catches all the guys attention by her actions especially when she takes off her top to show off her tasty boobies. Her panties soon come off too and these guys can't get enough of looking at her sexy body.
Watch more crazy Asian flashing videos right here.
Walk in the Park with Ringo AkaiMay 29th, 2013
A bright and warm sunny afternoon is the perfect time for a walk out in the park with your sweetheart so Asian babe Ringo Akai talks her guy into spending some time outside with her. She gets the nasty idea to show off her boobies while they are out and her man loves watching her play flasher while other people are walking by. She has awesome boobs and she lets her boyfriend touch and squeeze them while she sits there topless. When he starts sucking on her nipples, Ringo is ready to do a lot more than just show her tits.
Check out more nasty Asian flashing videos at Japanese Flashers.
Arisa himeno's Public ExposureMay 20th, 2013
Arisa Himeno is a naughty Asian MILF who enjoys the outdoors and flashing in public places when she goes out. She is using sex toys and a vibrator in her pussy that is inserted into her snatch as she is walking around in the arcade. She has a guy with her and he wants her to suck his dick!
Horny Reon Otowa Shows Off in PublicMay 11th, 2013
Reon Otowa is a crazy Asian MiLF who enjoys public nudity! She is in the shop and showing off her nasty body. She is told she has to put something on and she puts on her sexy lingerie!
She has a toy with her and she is putting it on the floor so she can insert it into her wet pussy and she sits on her dildo as the customers watch her. The store is jam packed after it gets out that Reon is fucking her mature pussy in aisle 7 at the store.
Watch more Asian sex videos at Japanese Flashers.
Nasty Chika Eiro is a Total SlutApril 30th, 2013
Chika Eiro is really a hot and sweet Japanese prostitute. You guys will be shocked that a prostitute can be so sexy and cute without seeing this Asian sex video. She was taken to a public place by a private car, but before reaching there she exposed her tits and snatch to her customer in the car.
Watch more Asian sex videos at Japanese Flashers.
Mirai Hirooka's Park ExposureApril 22nd, 2013
Miral Hirooka is a lovely Asian model who is posing outdoors for some sexy shots. She is lovely and shows off her big tits as she poses in the park. She happily shows off some up-skirt shots and she teases the photographer and everyone else that is in the park with her big tits! She has some sex toys with her and she gets toyed in the park while everyone watches.
Adorable teen flashes the publicApril 14th, 2013
Wouldn't you just love to be around when this cute Asian flasher chick when she gets in the mood to strut her stuff in public? She is a hot chick and a real exhibitionist heart that loves being kinky just to get attention. When her friends dared her to walk around in public wearing nothing, but her skimpy bra and panties this babe didn't hesitate to do it and turn a few heads. She even shows off her hairy snatch to a few that are interested to see then rides around town in a car bare ass naked just for the naughty pleasure of it.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, Second Circuit
August 16, 2013
CARRIE BANKS, Plaintiff,v.CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant.
HOWARD D. OLINSKY, ESQ., Olinsky Law Group. Syracuse, NY, TANISHA T. BRAMWELL, ESQ., Rosicki, Rosicki Law Firm, Batavia, NY, for the plaintiff.
ELIZABETH D. ROTHSTEIN, DAVID L. BROWN, Special Assistant U.S. Attorneys, HON. RICHARD S. HARTUNIAN United States Attorney Syracuse, NY, Steven P. Conte Regional Chief Counsel Social Security Administration Office of General Counsel, Region II New York, NY, for the defendant.
GARY L. SHARPE, Chief District Judge.
I. Introduction
Plaintiff Carrie Banks challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), seeking judicial review under 42 U.S.C. §§ 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Banks' arguments, the court affirms the Commissioner's decision and dismisses the Complaint.
II. Background
On August 5, 2009, Banks filed applications for DIB and SSI under the Social Security Act ("the Act"), alleging disability since July 15, 2004. ( See Tr.[1] at 75-76, 154-63.) After her applications were denied, ( see id. at 77-82), Banks requested a hearing before an Administrative Law Judge (ALJ), which was held on March 25, 2011, ( see id. at 40-74, 83). On June 13, 2011, the ALJ issued an unfavorable decision denying the requested benefits, which became the Commissioner's final determination upon the Social Security Administration Appeals Council's denial of review. ( See id. at 1-6, 17-35.)
Banks commenced the present action by filing her Complaint on April 6, 2012 wherein she sought review of the Commissioner's determination. ( See generally Compl.) The Commissioner filed an answer and a certified copy of the administrative transcript. ( See Dkt. Nos. 7, 8.) Each party, seeking judgment on the pleadings, filed a brief. ( See Dkt. Nos. 11, 14.)
III. Contentions
Banks contends that the Commissioner's decision is tainted by legal error and is not supported by substantial evidence. ( See Dkt. No. 11 at 13-22.) Specifically, Banks claims that the ALJ: (1) erred in determining her residual functional capacity (RFC); (2) improperly evaluated her credibility; and (3) rendered a step five determination that is unsupported by substantial evidence and the product of legal error. ( See id. ) The Commissioner counters that the appropriate legal standards were used by the ALJ and his decision is also supported by substantial evidence. ( See Dkt. No. 14 at 12-22.)
IV. Facts
The court adopts the parties' undisputed factual recitations. ( See Dkt. No. 11 at 2-11; Dkt. No. 14 at 2-9.)
V. Standard of Review
The standard for reviewing the Commissioner's final decision under 42 U.S.C. § 405(g)[2] is well established and will not be repeated here. For a full discussion of the standard and the five-step process by which the Commissioner evaluates whether a claimant is disabled under the Act, the court refers the parties to its previous decision in Christiana v. Comm'r of Soc. Sec. Admin., No. 1:05-CV-932, 2008 WL 759076, at *1-2 (N.D.N.Y. Mar. 19, 2008).
VI. Discussion
A. RFC Determination
Banks first contends that the ALJ's RFC determination is unsupported by substantial evidence and the product of legal error because the ALJ improperly weighed the medical opinions of record. ( See Dkt. No. 11 at 13-18.) Specifically, Banks argues that the ALJ failed to properly apply the treating physician rule, and erred in affording significant weight to the opinion of the state agency medical consultant. ( See id. ) The court disagrees.
A claimant's RFC "is the most [she] can still do despite [her] limitations." 20 C.F.R. § 404.1545(a)(1). In assessing a claimant's RFC, an ALJ must consider "all of the relevant medical and other evidence, " including a claimant's subjective complaints of pain. Id. § 404.1545(a)(3). An ALJ's RFC determination must be supported by substantial evidence[3] in the record. See 42 U.S.C. § 405(g). If it is, that determination is conclusive and must be affirmed upon judicial review. See id.; Perez v. Chater, 77 F.3d 41, 46 (2d Cir. 1996).
In this case, the ALJ determined that Banks retained the capacity to, among other things, understand and follow simple instructions and directions, perform simple tasks with supervision and independently, maintain attention and concentration, regularly attend to a routine and maintain a schedule, relate to and interact appropriately with others, and handle reasonable levels of simple, repetitive, work-related stress. ( See Tr. at 24.) The ALJ based his determination on the opinions of consultative examiner Sara Long, whose opinion he afforded "some weight, " and state agency medical consultant T. Harding, whose opinion he afforded "significant weight." ( Id. at 26-27.) However, the ALJ afforded the opinion of treating psychiatrist Stephen Hudyncia "less weight, " because it was inconsistent with Banks' treatment records and her ability to perform activities of daily living while caring for her five young children. ( Id. at 27.)
Controlling weight will be given to a treating source's opinion on the nature and severity of a claimant's impairments where it is "well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence." 20 C.F.R. § 404.1527(c)(2); see Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004). When a treating source's opinion is given less than controlling weight, the ALJ is required to consider the following factors: the length, nature and extent of the treatment relationship; the frequency of examination; evidentiary support offered; consistency with the record as a whole; and specialization of the examiner. 20 C.F.R. § 404.1527(c)(2)-(6). The ALJ must provide "good reasons' for the weight given to the treating source's opinion.'" Petrie v. Astrue, 412 F.Appx. 401, 407 (2d Cir. 2011) (citations omitted).
Here, substantial evidence supports the ALJ's determination to discount Dr. Hudyncia's opinion. Dr. Hudyncia evaluated Banks in June 2006 and noted that she was doing remarkably well given her degree of isolation and opined that medication would be limited in effect, and, instead, case management and social support were his primary treatment recommendations. ( See Tr. at 326-27.) This evaluation indicated Banks' Global Assessment of Functioning (GAF) score was sixty.[4] ( See id. ) Thereafter, the results of mental status examinations by Dr. Hudyncia were largely benign. ( See id. at 319-25.) In May 2007, Dr. Hudyncia reported that Banks did "not want to have to take" medications, and, thus, took them erratically, making her treatment difficult to evaluate. ( Id. at 317-18.) Accordingly, he counseled Banks to take her medication consistently. ( See id. ) Thereafter, her symptoms improved. ( See id. at 310-16.) In April 2008, Dr. Hudyncia again evaluated Banks and reported that she was doing quite well and making some progress. ( See id. at 308.) He described Banks as "reasonably high functioning" and assigned her a GAF score of seventy.[5] ( Id. at 309.) Banks continued to treat with Dr. Hudyncia through 2009, when she moved to Binghamton and sought treatment at the Broome County Mental Health Department, and throughout this period her mental status examinations were largely unremarkable. ( See id. at 299-307, 332-34.)
In January 2011, Banks returned to Utica and resumed treatment with Dr. Hudyncia. ( See id. at 391-92, 431-32.) Upon examination, Banks was polite, euthymic, and in reasonably good spirits, and it was noted that she attended to her two children, who accompanied her, in an appropriate manner. ( See id. at 391.) She was off all of her medications and her only complaints were of anxiety. ( See id. ) At this time, Dr. Hudyncia assigned to her a GAF score of seventy. ( See id. at 392.) Subsequently, in March 2011, Dr. Hudyncia completed a medical source statement on behalf of Banks, and opined that she is seriously limited, but not precluded from sustaining an ordinary routine, working in coordination with or proximity to others without being distracted, getting along with co-workers or peers without distracting them or exhibiting behavioral extremes, and using public transportation. ( See id. at 393-95.) According to Dr. Hudyncia, Banks is unable to meet competitive standards with respect to maintaining attention, maintaining regular attendance and punctuality, completing a normal workday and workweek, and performing at a consistent pace without an unreasonable number and length of rest periods. ( See id. at 394.) Further, Banks can not meet competitive standards with respect to accepting instructions and responding appropriately to criticism from supervisors, responding appropriately to changes in a routine work setting, dealing with normal work stress, and traveling in unfamiliar places. ( See id. ) Dr. Hudyncia also reported that Banks would be off task more than twenty percent of the time, and would miss more than four days of work per month due to her impairments. ( See id. at 395.)
Not only is Dr. Hudyncia's opinion unsupported by his own treatment records, as outlined above, but the remainder of the record evidence also indicates a greater degree of functioning than he opined. Specifically, on a mental status examination in December 2009, at the Broome County Mental Health Department, Banks was appropriately dressed, with no evidence of bizarre behavior or mannerisms, or psychomotor excitation or retardation. ( See id. at 433-34.) In addition, her speech was clear with a normal tone and rate, and thought processes well organized without loose associations or ideas of reference. ( See id. at 434.) Banks' mood was mildly depressed and her affect was congruent with her mood. ( See id. ) Her memory was intact for recent and past events, concentration was fair, intelligence was estimated as average, and her insight and judgment were adequate. ( See id. ) Throughout her treatment with the Broome County Mental Health Department, Banks was found to be neat, alert, and calm, with rational thoughts and coherent speech. ( See id. at 451-52, 454, 457, 459, 461, 463, 466.) Other than, at times, having a mild to moderately depressed mood, constricted affect, and reported "periodic suspiciousness, " the results of her examinations were benign. ( Id. at 459; see id. 451-52, 454, 457, 461, 463, 466.)
Further, on examination by Dr. Long, Banks was cooperative with good social skills, appropriate eye contact, fluent and clear speech, and coherent and goal directed thought processes. ( See id. at 340-44.) At this time, Banks displayed a full range of appropriate affect and an euthymic mood. ( See id. at 341.) Banks was able to complete serial threes accurately, and repeat three objects immediately and after five minutes. ( See id. at 341-42.) She also completed six digits forward and three digits backward. ( See id. at 342.) Her insight and judgment were found to be fair to poor. ( See id. ) Banks reported grooming, cooking, cleaning, doing laundry, shopping, and scrap-booking. ( See id. ) Although she does not have many friends, she has good relationships with her family. ( See id. ) Based on this examination, Dr. Long opined that Banks can follow and understand simple instructions and perform simple tasks, maintain attention and concentration and a regular schedule, and learn new tasks. ( See id. ) According to Dr. Long, Banks can also perform complex tasks independently, make appropriate decisions, relate adequately well with others, and manage stress. ( See id. )
After reviewing the record evidence, Dr. Harding opined that Banks can understand, carry out, and remember simple instructions, use appropriate judgment to make simple, work related decisions, respond appropriately to supervision, co-workers and work situations, and deal with changes in a routine work setting. ( See id. at 376-78.) Although Banks may have some difficulty handling stressors or complex tasks, in Dr. Harding's opinion she can engage in simple work. ( See id. at 378.)
Banks argues that the ALJ failed to provide good reasons for rejecting the opinion of Dr. Hudyncia. ( See Dkt. No. 11 at 16-17.) However, it is clear that the ALJ properly applied sections 404.1527(c) and he did not err in failing to methodically discuss each individual factor. See SSR 06-03p, 71 Fed. Reg. 45, 593, 45, 596 (Aug. 9, 2006) ("Not every factor for weighing opinion evidence will apply in every case."). Further, Banks contends that the ALJ erred in granting Dr. Harding's opinion significant weight because his review of the medical evidence did not include the records created after November 27, 2009, the date his opinion was issued. ( See Dkt. No. 11 at 17-18.) However, the clinical findings throughout the record, including Banks' most recent mental status examination, support Dr. Harding's opinion. ( See Tr. at 391-92, 433-34, 451-52, 454, 457, 459, 461, 463, 466.) Thus, the ALJ did not err in granting the opinion significant weight.
B. Credibility Determination
Next, Banks argues that the ALJ failed to apply the appropriate standards in assessing her credibility. ( See id. at 18-21.) The Commissioner counters, and the court agrees, that the ALJ properly assessed Banks' credibility, and his decision is supported by substantial evidence. ( See id. at 17-20.)
Once the ALJ determines that the claimant suffers from a "medically determinable impairment[] that could reasonably be expected to produce the [symptoms] alleged, " he "must evaluate the intensity and persistence of those symptoms considering all of the available evidence; and, to the extent that the claimant's [subjective] contentions are not substantiated by the objective medical evidence, the ALJ must engage in a credibility inquiry." Meadors v. Astrue, 370 F.Appx. 179, 183 (2d Cir. 2010) (internal quotation marks and citations omitted). In performing this analysis, the ALJ "must consider the entire case record and give specific reasons for the weight given to the [claimant's] statements." SSR 96-7p, 61 Fed. Reg. 34, 483, 34, 485 (July 2, 1996). Specifically, in addition to the objective medical evidence, the ALJ must consider the following factors: "1) daily activities; 2) location, duration, frequency and intensity of any symptoms; 3) precipitating and aggravating factors; 4) type, dosage, effectiveness, and side effects of any medications taken; 5) other treatment received; and 6) other measures taken to relieve symptoms." F.S. v. Astrue, No. 1:10-CV-444, 2012 WL 514944, at *19 (N.D.N.Y. Feb. 15, 2012) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)).
Here, the ALJ determined that Banks' "statements concerning the intensity, persistence and limiting effects of [her] symptoms [were] not fully credible to the extent they [were] inconsistent with the evidence of record." (Tr. at 26.) In making his determination, the ALJ reviewed the objective medical findings, Banks' activities of daily living, her work history, and the opinion evidence of record. ( See id. at 25-27.) Despite Banks' argument, ( see Dkt. No. 11 at 19), the ALJ properly considered her activities of daily living and noted that she cares for five children as a single mother, including two-year-old twins, ( see Tr. at 26, 46, 70); Poupore v. Astrue, 566 F.3d 303, 307 (2d Cir. 2009).
Banks contends that the ALJ's determination was flawed because he did not explicitly consider that chasing her twins around caused Banks significant pain, her medications were increased on several occasions, she wears stockings and has to elevate her legs to treat her varicose veins, and she suffered mood swings and sleep walking as side effects of her medication. ( See Dkt. No. 11 at 20.) However, where "the evidence of record permits [the court] to glean the rationale of an ALJ's decision, " it is not necessary that "he have mentioned every item of testimony presented to him or have explained why he considered particular evidence unpersuasive or insufficient to lead him to a conclusion of disability." Mongeur v. Heckler, 722 F.2d 1033, 1040 (2d Cir. 1983). Moreover, the ALJ explicitly considered the treatment Banks received, including medication, and noted that she was not on any medication at the time of her most recent mental examination when she was found to be polite, euthymic, and in reasonable good spirits with a GAF score of seventy. ( See id. at 25-26, 391-92.) Further, the ALJ explicitly mentioned Banks' complaints of pain after running after her twins due to her varicose veins, and noted, at step two, that Banks "treats her leg pain with medications, surgical stockings and elevation of her legs." ( Id. at 23; see id. at 25.) However, in making his credibility determination, he noted that Banks had failed to undergo the radiofrequency ablation procedures recommended by her treating surgeon to treat her varicose veins, as well as the results of her January 2011 physical examination which revealed full range of motion of her extremities, no muscle weakness, and an intact neurovascular exam. ( See id. at 26, 399.)
Finally, Banks argues that the ALJ improperly discounted her subjective complaints due to her failure to consistently take her medication, without considering that, at various times throughout the record, she lacked insurance coverage, was pregnant, and reported side effects from taking such medication. ( See Dkt. No. 11 at 20-21.) In fact, the ALJ noted that, without first consulting her physician, Banks stopped taking her medications as prescribed on at least three occasions-once because it was causing nausea, once because she was concerned about gaining weight, and once because she did not want to have to take any medications. ( See Tr. at 26, 302, 305, 317.) Notably, in March 2007, Dr. Hudyncia urged Banks to take her medications consistently, because her failure to do so likely created the impression that she required more medication than necessary. ( See id. at 317-18.) The ALJ further explained that when Banks was on medication she reported some improvements in her symptoms, but even when she was not on medications, her mental status examinations were largely unremarkable. ( See id. at 25-26.) Accordingly, the ALJ properly considered Banks' treatment, as well as her failure to comply with prescribed treatment.
Ultimately, it is evident from the ALJ's thorough discussion that his credibility determination was legally sound and, further, it is supported by substantial evidence. See Judelsohn v. Astrue, No. 11-CV-388S, 2012 WL 2401587, at *6 (W.D.N.Y. June 25, 2012) (explaining that the "[f]ailure to expressly consider every factor set forth in the regulations is not grounds for remand where the reasons for the ALJ's determination of credibility are sufficiently specific to conclude that he considered the entire evidentiary record." (internal quotation marks and citation omitted)).
C. Step Five Determination
Lastly, Banks claims that the ALJ erred in determining that there was other work in the national economy which she could perform because: (1) he erred in evaluating her RFC and credibility; and (2) she suffered significant nonexertional limitations, making reliance on the Medical Vocational Guidelines inappropriate. ( See Dkt. No. 11 at 21-22.) As discussed above, however, the ALJ's RFC and credibility findings were legally sound and are supported by substantial evidence. The ALJ found that Banks can perform the full range of unskilled sedentary work, except that she can only perform postural activities occasionally. ( See Tr. at 28-29.) As the ALJ explained, only an ability to stoop occasionally is required in most unskilled sedentary positions, and other postural limitations or restrictions would not usually erode the occupational base. ( See id. ); SSR 96-9p, 61 Fed. Reg. 34, 478, 34, 481-82 (July 2, 1996). Thus, Banks' argument that the testimony of a vocational expert was required, is without merit. See Bapp v. Bowen, 802 F.2d 601, 603, 605 (2d Cir. 1986) (explaining that "the mere existence of a nonexertional impairment does not automatically require the production of a vocational expert" instead, such testimony is only required where the nonexertional impairments "significantly limit the range of work permitted by [a claimant's] exertional limitations." (internal quotation marks and citation omitted)).
D. Remaining Findings and Conclusions
After careful review of the record, the court affirms the remainder of the ALJ's decision as it is supported by substantial evidence.
VII. Conclusion
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that the decision of the Commissioner is AFFIRMED and Banks' Complaint (Dkt. No. 1) is DISMISSED; and it is further
ORDERED that the Clerk close this case and provide a copy of this Memorandum-Decision and Order to the parties.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Small-business owners, what are you doing to stand out from the crowd? Each week, we focus on an entrepreneur who has lessons to share that we think will resonate with other small-business owners.
John J. Hoffmann, founder of building rehabilitation firm Hoffmann Architects, answers our questions:
What are you doing to stand out from the crowd?
Our pitch at Hoffmann Architects has been to play up our technical acumen, which appeals to cost-conscious building owners in this economy. We've also gotten some help from the broader construction sector. Unlike typical architects who design new structures, we focus on rehabilitating existing buildings. Because our business doesn't depend on new development, our company won more work as the downturn brought new construction to a halt. While other architects were sent scrambling for new jobs, our firm continued to find faulty windows, damp walls and damaged plazas in need of repair. Even though we've managed to be in the right business at the right time, we realize that the more challenging the economic situation, the more aggressive our sales efforts need to be.
What's the best part about owning your own business?
As the boss, I have the final word on the way the company is run. I have three office directors with unique management styles, and I prefer to be as hands-off as possible to empower them to manage projects and resources, but there are times when it is necessary to step in. Also, nothing makes your jokes funnier than being the boss.
What's the biggest challenge of owning your own business?
The firm's reputation is my reputation. Our diverse technical, sales, and accounting professionals represent me as the company president, founder and namesake. When someone makes a mistake, my professional credibility is on the line, even when I had nothing to do with it. (For more on the risks of naming a company after yourself, click here.)
Name:John J. Hoffmann
Business: Hoffmann Architects, a building rehabilitation firm.
Industry: Architecture
Location: New York
Year founded: 1977
Number of employees: 35
Web address: www.hoffarch.com
What's the biggest hurdle you've overcome?
Since we rehabilitate buildings rather than design them, in a good economy, it's actually tough for us to attract new architecture graduates. They all want to be designers. As a result, we're always on the lookout for new talent. I've hired employees at a New Year's Eve party and even, once, a doctor's office.
What's the biggest mistake you've made?
Keeping people on when I shouldn't have. Like most businesses, we've picked people who just weren't right for the job. This not only causes problems for clients, it creates tension among staff and managers who have to cope with a difficult situation. To keep people from wasting valuable time and resources, I've learned that it's better to let employees know sooner rather than later that things aren't working out.
What's the best business advice you can offer?
To build a successful business, you need to think in ways that your competitors don't. Look at specialized markets that others are missing. Join industry organizations and meet as many people as possible. Be involved, be friendly and think like your clients.
SmartMoney.com provides news, information, and tools for business professionals and growing businesses. All content provided by SmartMoney is © 2009 SmartMoney®, a Dow Jones & Company, Inc. and Hearst SM Partnership.


text:
Sold out
Pink & Silver Jacquard Logo Embossed Dress
Unfortunately this item has sold out. Add it to your Wish List to receive an email if it becomes available again.
- Product number 131527
- 85% polyester, 15% polyamide (soft textured feel)
- Lining: 64% acetate, 36% cupro (silky feel)
- Dry clean
- Back zip fastening
- Just above knee length
- Made in Italy


text:
Rubber, have you watched the Hillshouse video on Fastpitch tv yet. I was just watching it Friday, (as I am trying to teach myself to pitch). One girl he was working with on there, he said she was slapping herself because her glove arm was flying out way too far and then she had to pull it back hard. The fix he had was to pitch into her own glove 50 throws a day.
Fastpitch TV – free fastpitch softball videos, fastpitch softball pitching, fastpitch softball clinics, softball bat reviews. » Blog Archive » Episode 143 – Pitching Lessons From Bill Hillhouse


text:
The stock of Atento SA (NYSE:ATTO) gapped up by $0.02 today and has $11.57 target or 35.00% above today's $8.57 share price. The 7 months technical chart setup indicates low risk for the $636.55M company. The gap was reported on Oct, 4 by Barchart.com. If the $11.57 price target is reached, the company will be worth $222.79 million more.
Gaps up are useful for using as a support level and to some extent as a tradeable event. If investors already hold the stock and experience a price gap up, then its usually a good idea to hold the stock for a stronger up move. Back-tests of these patterns indicate that two-thirds of the times the stock performance improves after the gap. The area gaps close 89% of the time, the breakaway gaps, 2%, the continuation gaps 4% and the exhaustion gaps 61%. The stock increased 1.06% or $0.09 on October 3, hitting $8.57. About 12,847 shares traded hands. Atento SA (NYSE:ATTO) has risen 2.39% since March 1, 2016 and is uptrending. It has underperformed by 9.83% the S&P500.
Analysts await Atento SA (NYSE:ATTO) to report earnings on November, 14. They expect $0.19 earnings per share, down 38.71% or $0.12 from last year's $0.31 per share. ATTO's profit will be $14.11M for 11.28 P/E if the $0.19 EPS becomes a reality. After $0.13 actual earnings per share reported by Atento SA for the previous quarter, Wall Street now forecasts 46.15% EPS growth.
Atento SA (NYSE:ATTO) Ratings Coverage
Out of 3 analysts covering Atento (NYSE:ATTO), 1 rate it a "Buy", 0 "Sell", while 2 "Hold". This means 33% are positive. Atento has been the topic of 3 analyst reports since March 9, 2016 according to StockzIntelligence Inc. The firm has "Neutral" rating by Bank of America given on Wednesday, March 9. The stock of Atento SA (NYSE:ATTO) has "Outperform" rating given on Wednesday, March 9 by Robert W. Baird. The stock of Atento SA (NYSE:ATTO) earned "Neutral" rating by Credit Suisse on Wednesday, May 11.
According to Zacks Investment Research, "Atento S.A. is a provider of customer relationship management and business process outsourcing (CRM BPO) services in Latin America and Spain. Its CRM BPO services include customer service, sales, credit management, technical support, back office, and service desk, as well as other BPO process services, such as training activities, workstation infrastructure, interactive voice response port implementation, telecommunications infrastructure, application development, and others. The Company's clients are mostly multinational corporations in sectors such as telecommunications, banking and finance, health, consumption and public administration, among others. Atento S.A. is based in Luxembourg."
More notable recent Atento SA (NYSE:ATTO) news were published by: Streetinsider.com which released: "Atento S.A. (ATTO) Takes Majority Stake in R Brasil" on September 06, 2016, also Marketwatch.com with their article: "Atento downgraded to neutral from outperform at Credit Suisse" published on October 01, 2014, Quotes.Wsj.com published: "Atento SA ATTO (US: NYSE)" on September 27, 2014. More interesting news about Atento SA (NYSE:ATTO) were released by: Thestreet.com and their article: "Atento SA (ATTO) Plunges in First Trading Day After IPO" published on October 02, 2014 as well as Seekingalpha.com's news article titled: "Atento's (ATTO) CEO Alejandro Reynal on Q1 2016 Results – Earnings Call Transcript" with publication date: May 12, 2016.
ATTO Company Profile
Atento S.A., incorporated on April 3, 2014, is a well-known provider of customer-relationship management and business-process outsourcing (CRM BPO) services and solutions in Latin America. The Firm offers a portfolio of CRM BPO services, including customer care, sales, collections, back office and technical support. The Firm operates through three divisions: EMEA, Americas and Brazil. The Company's services and solutions are delivered across multiple channels, including digital (short message service (SMS), e-mail, chats, social media and applications, among others) and voice, and are enabled by process design, technology and intelligence functions. The Firm also has client relationships across a range of industries working in sectors, such as telecommunications, banking and financial services and multi-sector, which comprise the consumer goods, services, public administration, pay television, healthcare, transportation, technology and media industries.
Receive News & Ratings Via Email - Enter your email address below to receive a concise daily summary of the latest news and analysts' ratings with our FREE daily email newsletter.


text:
The primary interest in the finite-energy Airy beam derives from the special properties possessed by the maximum intensity at its central lobe. However, the defining spatial dependence, the Airy function, is an oscillatory function that consists of decaying side lobes. For some applications these side lobes may create deleterious effects. Fortunately, a nonsymmetric apodization of the beam in Fourier space is shown to enhance the central lobe as the side lobes are reduced and clipped. The properties of the central lobe are unaffected over a large proportion of the propagation path.
© 2011 Optical Society of AmericaFull Article | PDF Article
Related Articles
Shane Barwick
Opt. Lett. 35(24) 4118-4120 (2010)
Yan Kaganovsky and Ehud Heyman
J. Opt. Soc. Am. A 29(5) 671-688 (2012)
Zhijun Ren, Liangwei Dong, Chaofu Ying, and Changjiang Fan
Opt. Express 20(28) 29276-29283 (2012)


text:
Commerzbank to slash jobs, scrap dividend in revamp
Commerzbank AG on September 29 said it plans a wide-ranging overhaul that includes laying off close to 10,000 jobs, or roughly 20% of its workforce, merging two large units and scrapping its dividend for this year.
The plan is a strong sign new chief executive Martin Zielke is determined to shrink the partially state-owned bank amid a protracted period of ultra-low or negative interest rates and weak client demand.
"The focus on the core business, with some business activities being discontinued, and the digitalisation and automation of workflows will lead to staff reductions amounting to around 9,600 full-time positions," Germany's second-largest lender said.
The cuts were flagged by The Wall Street Journal and other media outlets in recent weeks, but came as a surprise because the bank portrayed the picture of an institute that is done emerging from an extensive overhaul when former chief executive Martin Blessing in November 2015 said he would leave the bank.
Now, the bank is merging its investment bank with the unit that caters to small and midsize enterprises. The renewed efforts to streamline Germany's second-largest bank mark the first moves by Zielke, who took the helm at Commerzbank in May. As part of efforts to make workflows more digital, the bank will hire around 2,300 new staff.
The lender also said the restructuring will cost about €1.1 billion and it will likely book a third-quarter loss due to a €700 million writedown. It added that it would therefore scrap dividend payments for "the time being."
It paid €0.20 a share in May for 2015, the first dividend since its €18 billion government bailout in 2008, and originally planned to pay a dividend for this year.
Write to Eyk Henning at email@example.com
This story was first published by The Wall Street Journal


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, W.D. Pennsylvania
February 4, 2014
RICHARD ROMERO, JR., Plaintiff,v.LOUIS FOLINO, Facility, Superintendent, JOHN/JANE DOE, Director of Bureau of Health Care Services, DR. BYUNGHAK JIN, Facility Medical Director, NEDRA GREGO, RN Supervisor, JOHN MCANANY, RN Supervisor, Defendants.
REPORT AND RECOMMENDATION ECF Nos. 11, 27.
LISA PUPO LENIHAN, Chief Magistrate Judge.
For the reasons stated herein, it is respectfully recommended that the DOC Defendants' Motion to Dismiss (ECF No. 27) be granted on the ground that Plaintiff has failed to allege sufficient personal involvement on the part of Defendant John/Jane Doe but be denied on all other grounds. The Complaint should therefore be dismissed in its entirety against Defendant John/Jane Doe.
It is further recommended that Dr. Jin's Motion to Dismiss (ECF No. 11) be granted on the ground that Plaintiff has failed to state an equal protection claim but be denied on all other grounds. Plaintiff's equal protection claim should therefore be dismissed with prejudice.
Plaintiff Richard Romero, Jr. ("Plaintiff') is an inmate in the custody of the Pennsylvania
Department of Corrections and is currently incarcerated at the State Correctional Institution at Greene ("SCI-Green"). He initiated this pro se prisoner civil rights action on May 17, 2013. In his Complaint (ECF No. 5) he alleges violations of his rights under the Eighth and Fourteenth Amendments to the United States Constitution. Generally, he alleges that he was denied medical treatment for a fungal infection in his toenail.
Defendants include employees and health care providers for the Pennsylvania Department of Corrections ("DOC") at SCI-Greene. They include Louis Folino (Superintendent); Nedra Grego (Registered Nurse Superyisor), John McAnany (Registered Nurse Supervisor), Dr. Byunghak Jin (Facility Medical Director), and John/Jane Doe (Director of the Bureau of Health Care Services).
Dr. Jin filed a Motion to Dismiss on July 11, 2013, and the remaining Defendants ("DOC Defendants") filed a Motion to Dismiss on August 8, 2013. (ECF Nos. 11, 27.) Plaintiff responded to both Motions. (ECF Nos. 29, 31.) Dr. Jin filed a reply to Plaintiffs response. (ECF No. 36.) The Motions are now ripe for review.
A. Background
The following allegations are included in Plaintiff's Complaint.
On November 12, 2011, Plaintiff submitted a sick call request seeking treatment for a toenail infection, which he believed to be Onychomycosis, a fungal infection of the nail. (ECF No. 5 at ¶ 10.) At that time he paid a $5.00 sick call fee. Id . On the sick call request form, he stated that his toenails had turned green and that one was beginning to deteriorate. Id. at ¶ 11. Petitioner alleges that Ms. West accosted him in the Restricted Housing Unit ("RHU") on November 14, 2011. Id. at ¶ 12. In disregard to his medical confidentiality, she demanded to see the infection then walked away from his door stating that there was nothing she could do to treat his condition. Id. at ¶¶ 13-14.
On November 17, 2011, Petitioner filed Grievacne #390254, complaining about the medical department's refusal to provide him with treatment for his infection. Id. at ¶ 15; (ECF No. 5-1 at p.1.) His grievance was denied by Nurse Supervisor Nedra Grego who stated that Ms. West, PAC assessed his toenails and concluded that there was "minimal discoloration" and that he did not have a fungal infection. Id. at ¶ 16; Id. at p.2. His appeal was denied by Supervisor Folino on January 10, 2012. (ECF No. 5-1 at p.4.) In response to his final appeal, Chief Grievance Officer Varner stated that the record had been reviewed by the Bureau of Health Care Services ("BHCS") who determined that Plaintiff was being provided with reasonable and appropriate medical care. Id. at p.6. It was also noted that Plaintiff had been evaluated by Dr. Jin on January 12, 2012, at which time the pros and cons of treatment were discussed. RI. After discussing treatment options, Plaintiff elected not to start treatment at that time. Id.
On December 18, 2011, Plaintiff filed Grievance #394074. (ECF No. 5 at ¶ 20); (ECF No. 5-5 at p.1.) He complained that Ms. West falsely reported the condition of his infection, that she was incorrect in her medical assessment, that he was wrongfully and fraudulently denied his $5.00 sick call fee because treatment was not provided, and that he would file suit if he was not reimbursed his $5.00 fee or provided with treatment for his infection. Id . His grievance was denied by Nurse McAnany on January 5, 2012, who stated that Plaintiff's allegations were false and that there was a sick call system in place that he could utilize if he believed his condition worsened. Id . ¶ 22; Id. at p.2. Plaintiff's appeal was denied by Superintendent Folino on January 27, 2012. (ECF No. 5-5 at p.4.) In response to his final appeal, wherein Plaintiff complained that the Superintendent was biased, Chief Grievance Officer Varner again noted the review by the BHCS and the evaluation by Dr. Jin on January 12, 2012.[1] (ECF No. 5 at ¶¶ 23-24); (ECF No. 5-5 at pp.5-6.)
Plaintiff disagrees with Varner's representation of his visit with Dr. Jin. Instead, he alleges that Dr. Jin "glanced" at his feet and diagnosed the condition as Onychomycosis. Id. at ¶¶ 24, 25. He told Plaintiff that the condition would stay with him for the rest of his life and informed him that he would not prescribe any treatment. Id . When Plaintiff questioned Dr. Jin's judgment, Dr. Jin allegedly became hostile and started to yell at Plaintiff. Id. at ¶ 26.
On January 12, 2012, Plaintiff filed Grievance #397448. Id. at ¶ 27; (ECF No. 5-7 at p.1.) In the grievance he complained that Dr. Jin would not prescribe him treatment to rid his fungal infection and that Dr. Jin became verbally abusive when Plaintiff inquired as to why he would not do so. Id . His grievance was denied by Tracy Shawley on grounds that the issue had already been addressed in his prior Grievances #394074 and #390254. Id. at ¶ 28; (ECF No. 5-7 at p.2.) Superintendent Folino agreed with Tracy Shawley and Plaintiff's grievance appeal was denied on January 27, 2012. Id. at ¶ 29; (ECF No. 5-7 at p.4.) His final app was dismissed by Varner on March 13, 2012. Id .; (ECF No. 5-7 at p.6.)
Plaintiff claims that Defendants "covered up" their refusal to provide him with medical treatment. (ECF No. 5 at ¶ 31.) He also alleges that Defendants refused to process his sick call slips dated January 2, 2013, and January 8, 2013. Id. at ¶ 32. He complained about this in Grievance # 443374, that he filed on January 9, 2013. Id. at ¶ 33; (ECF No. 5-8 at p.1.) He acknowledged the grievances that he previously had filed and stated that he had requested and was denied treatment for his toenail infection on two prior occasions. (ECF No. 5-8 at p.1.) He said that he was denied treatment the first time because Ms. West claimed that he had lied about the condition of his toenail and he said that he was denied treatment the second time under the guise that he refused it. Id . He claimed that medical staff were falsifying his records and he requested disciplinary action against Dr. Jin, Nurse Grego, Nurse McAnany and the rest of the medical staff. Id . CHCA Irma Vihlidal stated that there was nothing in Plaintiff's medical chart to indicate that he required treatment and she denied Plaintiff's grievance on January 24, 2013. Id. at p.2; (ECF No. 5 at ¶ 34.) On appeal, Plaintiff claimed that the alleged reasons why he was not provided with medical care were contradictory and false. Id. at p.3; Id . ¶¶ 34, 35. He posed the question of why Dr. Jin was talking about treatment options with him if there was nothing in his chart to indicate that he needed treatment. Id . Superintendent Folino dismissed Plaintiff's appeal stating that Plaintiff made discourteous comments to the medical staff. Id. at p.4; Id. at ¶ 36. Plaintiff's final appeal was dismissed because it was not presented in a courteous manner. Id. at pp.5-6; Id. at ¶ 37.
Plaintiff alleges violations under the Eighth and Fourteenth Amendments. He claims that Defendants were deliberately indifferent to his serious medical needs and that he was denied equal protection of the laws. Specifically, his alleges that:
1. Defendants deliberately denied him medical treatment. Id. at ¶ 38.
2. Defendants refused to investigate his claims. Id. at ¶ 38.
3. Defendant John/Jane Doe refused to investigate contrary claims that were relied on to deny him medical treatment. Id. at ¶ 39.
4. Defendants Nurse Grego, Nurse McAnany, and Superintendent Folino refused to investigate the malfeasance of Ms. West when the matter was brought to their attention via grievances and appeals. Id. at ¶ 40.
5. Defendants failed to abide by the DOC Code of Ethics. Id. at ¶ 41.
6. Defendants refused to investigate each other. Id. at ¶ 42.
7. Defendants Folino and John/Jane Doe failed to take disciplinary action or rectify the situation. Id. at ¶ 43.
8. Defendants Dr. Jin, Nurse Grego, and Nurse McAnany refused to provide treatment after four sick calls. Id. at ¶ 44.
9. Defendants Dr. Jin, Nurse Grego, and Nurse McAnany falsified his medical records to deny him treatment. Id. at ¶ 44.
10. Dr. Jin denied him treatment after telling him that the disease would stay with him all of his life if not treated. Id. at ¶ 45.
11. Dr. Jin falsified his records and this constituted negligence. Id. at ¶ 46.
12. Dr. Jin's manner of diagnosing Plaintiff's infection was perfunctory. Id. at ¶ 47.
13. Dr. Jin failed to undertake necessary medical procedures to diagnose Plaintiffs infection and because of this he still does not know what kind of infection he has. Id. at ¶¶ 50, 51.
14. Defendants denied him medical treatment in order to curtail expenses. Id. at ¶ 52.
Because of Defendants' conduct, Plaintiff claims that he suffered the following injuries:
1. In order to impede the growth of the infection he must wash his feet numerous times a day whenever they start to sweat. The infection also emits a foul smell. Id. at ¶¶ 56, 58.
2. He must keep his feet bare in order to minimize the sweating even though the DOC keeps it cold as a psychological torture tactic. Id. at ¶ 57.
3. The infection has spread to other toenails that were not infected at the time he sought treatment and he is in fear that other toes may become infected as well. Id. at ¶¶ 62, 65.
4. The first toenail that was infected, as well as two others, has started to swell which causes him physical pain. Id. at ¶¶ 63, 64.
5. His toenails have thickened making them difficult to clip and he is only permitted to use toenail clippers for ten minutes once a month. Id. at ¶ 66. Because his toenails have thickened and overgrown, his toes bleed and are extremely sensitive. He may have even severed a capillary or nerve underneath his toe on two occasions. Id. at ¶ 67.
6. One of the Onychomycosis strains is spread by the continual immersion of the hands in water and because he has to wash his feet numerous times a day he is afraid that the infection will spread to his fingernails and the DOC has refused to provide him with gloves. Id. at ¶¶ 69, 70, 71.
7. He is at risk of being infected with Dermatophytids, which are skin lesions that sometimes form as a result of fungal infections. Id. at ¶ 72.
8. He lives in constant anxiety that the infection might spread and he has suffered depression over the ordeal. Id. at ¶¶ 68, 73.
9. Having to wash his feet and leave them bare is mentally exhausting and humiliating and causes him mental anguish, frustration, anxiety and physical pain. Id. at ¶ 59.
10. Because he must leave his feet bare he has had to abandon daily physical fitness exercise which has affected his health. He was told that his cholesterol level is above the normal limit and that he needs to exercise more. Id. at ¶¶ 60, 61.
B. Standard of Review
Defendants have filed Motions to Dismiss the Complaint for Plaintiff's failure to state a clam upon which relief can be granted. In considering a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss for failure to state a claim, Federal Courts require notice pleading, as opposed to the heightened standard of fact pleading. Fed.R.Civ.P. 8(a)(2) requires only -a short and plain statement of the claim showing that the pleader is entitled to relief, ' in order to give the defendant fair notice of what the... claim is and the grounds on which it rests.' Bell Atlantic Corp. v. Twombly , 550 U.S. 554, 555 (2007) (quoting Conley v. Gibson , 355 U.S. 41, 47 (1957)).
Building upon the landmark United States Supreme Court decisions in Twombly and Ashcroft v. Iqbal , 556 U.S. 662 (2009), the United States Court of Appeals for the Third Circuit explained that a District Court must undertake the following three steps to determine the sufficiency of a complaint:
First, the court must "tak[e] note of the elements a plaintiff must plead to state a claim." Second, the court should identify allegations that, "because they are no more than conclusions, are not entitled to the assumption of truth." Third, "whe[n] there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement for relief." This means that our inquiry is normally broken into three parts: (1) identifying the elements of the claim, (2) reviewing the Complaint to strike conclusory allegations, and then (3) looking at the well-pleaded components of the Complaint and evaluating whether all of the elements identified in part one of the inquiry are sufficiently alleged.
MalIeus v. George , 641 F.3d 560, 563 (3d Cir. 2011) (quoting Iqbal , 556 U.S. at 675, 679).
The third step of the sequential evaluation requires this Court to consider the specific nature of the claims presented and to determine whether the facts pled to substantiate the claims are sufficient to show a "plausible claim for relief." Fowler v. UPMC Shadyside , 578 F.3d 203, 210 (3d Cir. 2009). "While legal conclusions can provide the framework of a Complaint, they must be supported by factual allegations." Id. at 210-11; see also Malleus, 641 F.3d at 560.
This Court may not dismiss a Complaint merely because it appears unlikely or improbable that Plaintiff can prove the facts alleged or will ultimately prevail on the merits. Twombly , 550 U.S. at 563 n.8. Instead, this Court must ask whether the facts alleged raise a reasonable expectation that discovery will reveal evidence of the necessary elements. Id. at 556. Generally speaking, a Complaint that provides adequate facts to establish "how, when, and where" will survive a Motion to Dismiss. Fowler , 578 F.3d at 212; see also Guirguis v. Movers Specialty Servs., Inc. , 346 F.Appx. 774, 776 (3d Cir. 2009). In short, a Motion to Dismiss should not be granted if a party alleges facts, which could, if established at trial, entitle him/her to relief. Twombly , 550 U.S. at 563 n.8.
Finally, a court must employ less stringent standards when considering pro se pleadings than when judging the work product of an attorney. Haines v. Kerner , 404 U.S. 519, 520 (1972). When presented with a pro se complaint, the court should construe the complaint liberally and draw fair inferences from what is not alleged as well as from what is alleged. Dluhos v. Strasberg , 321 F.3d 365, 369 (3d Cir. 2003). In a section 1983 action, the court must "apply the applicable law, irrespective of whether the pro se litigant has mentioned it by name." Higgins v. Beyer , 293 F.3d 683, 688 (3d Cir. 2002) (quoting Holley v. Dep't of Veteran Affairs , 165 F.3d 244, 247-48 (3d Cir. 1999)). See also Nami v. Fauver , 82 F.3d 63, 65 (3d Cir. 1996) ("Since this is a § 1983 action, the [pro se] plaintiffs are entitled to relief if their complaint sufficiently alleges deprivation of any right secured by the Constitution.") (quoting Higgins , 293 F.3d at 688). Notwithstanding this liberality, pro se litigants are not relieved of their obligation to allege sufficient facts to support a cognizable legal claim. See, e.g. , Taylor v. Books A Million, Inc. , 296 F.3d 376, 378 (5th Cir. 2002); Riddle v. Mondragon , 83 F.3d 1197, 2102 (10th Cir. 1996).
C. Discussion
1. Personal Involvement
The DOC Defendants argue that they are entitled to dismissal for lack of personal involvement in the alleged wrongdoing. They assert that their only involvement stems from reviewing and responding to Plaintiff's grievances. Specifically, they stated that Nurse Grego reviewed and responded to Grievance #394074, Nurse McAnany reviewed and responded to Grievance #394074, Superintendent Folino responded to Plaintiff's grievance appeals, and the BHCS (whose Director, Defendant John/Jane Doe, has been identified as Richard Ellers) was only consulted by the Secretary's Office of Inmate Grievances and Appeals with regard to Plaintiff's final grievance appeals. They assert that this kind of involvement is insufficient to establish liability in a Section 1983 action. See Simonton v. Tennis , 437 F.Appx. 60, 62 (3d Cir. 2011) ("[A] prison official's secondary review of an inmate's grievance or appeal is not sufficient to demonstrate the personal involvement required to establish the deprivation of a constitutional right."); Brooks v. Beard , 167 F.Appx. 923, 925 (3d Cir. 2006) (holding that a state prisoner's allegation that prison officials and administrators responded inappropriately, or failed to respond to a prison grievance, did not establish that the officials and administrators were involved in the underlying allegedly unconstitutional conduct); Ramos v. Pa. Dept. of Corr., No. 06 1444 , 2006 U.S. Dist. LEXIS 51582, 2006 WL 2129148, at *2 (M.D. Pa. July 27, 2006) (holding that the review and denial of the grievances and subsequent administrative appeal does not establish personal involvement). While they are correct that this is insufficient to establish personal involvement in a civil rights action, and the Court makes no determination as to ultimate liability, in this case, Plaintiff has alleged sufficient personal involvement of the DOC Defendants, with the exception of Richard Ellers, to withstand of motion to dismiss.
The DOC Defendants rely on Brooks v. Beard , 167 F.Appx. 923 (3d Cir. 2006), but this case is distinguishable. Unlike in Brooks, where the plaintiffs had filed grievances simply to complain about their already-received treatment, here Plaintiff filed numerous grievances in an attempt to receive treatment in the first place. "Where a grievance alleges an ongoing constitutional violation, a supervisory defendant who reviews it is personally involved in that violation because he is confronted with a situation he can remedy directly." Harnett v. Barr , 538 F.Supp.2d 511, 524-25 (N.D.N.Y 2008). Plaintiff's allegations that Defendants denied, without adequate investigation, grievances alleging ongoing constitutional violations is sufficient to deft a motion to dismiss. See, e.g. , Carter v. Smith, No. 08-279 , 2009 U.S. Dist. LEXIS 87179, 2009 WL 3088428, at *6 (E.D. Pa. Sept. 23, 2009); Zappulla v. Fischer, No. 11-6733 , 2013 U.S. Dist. LEXIS 49728, 2013 WL 1387033, at *10 (S.D.N.Y. Apr. 5, 2013) ("[T]he Complaint further alleges that Defendant Lee, after being informed of that ongoing violation through the grievance process, failed to remedy that wrong. Those allegations... are adequate to state a claim against Lee.") (citations omitted); Whitehead v. Rozum, No. 11-102 , 2012 U.S. Dist. LEXIS 136283, 2012 WL 4378193, at *2 (W.D. Pa. Aug. 7, 2012) ("In the prison setting, where a grievance alleges an ongoing constitutional violation, a supervisory defendant who reviews it is personally involved in that violation because he is confronted with a situation he can remedy directly.") (citations omitted), report and recommendation adopted by, 2012 U.S. Dist. LEX IS 136270, 2012 WL 4370929 (W.D. Pa. Sept. 24, 2012); Williams v. Johnson, No. 10-1290 , 2011 U.S. Dist. LEXIS 39815, 2011 WL 1396967, at *5 (E.D. Va. Apr. 11, 2011) ("In support of this argument, Williams states that Johnson was made aware of these violations through appeals to denial of grievances that Williams filed. To the extent that the [allegations] relate to ongoing constitutional violations that defendant Johnson was made aware of, Williams has plausibly stated a claim for which Johnson may be liable."); Binsack v. Lackawanna Cnty. Prison, No. 10-535, 2010 U.S. Dist. LEXIS 127112, 2010 WL 4973309, at *3 (M.D. Pa. Oct. 14, 2010) ("A prisoner's grievance or complaint regarding ongoing abuse may be sufficient to put a prison official on notice of such abuse by other prison staff and therefore may show actual knowledge of an alleged constitutional violation and acquiescence in the events forming the basis of a prisoner's claims.") (citing Atkinson v. Taylor , 316 F.3d 257, 270-71 (3d Cir. 2003), report and recommendation adopted by, 2010 U.S. Dist. LEXIS 127116, 2010 WL 4956329 (M.D. Pa. Dec. 1, 2010). Of course, discovery will likely rev the extent to which Defendants had actual knowledge of Plaintiffs alleged inadequate medical care. At this stage, however, the Court must assume that Plaintiff's grievances were sufficient to make Defendants aware of the alleged inadequate medical care.
However, Plaintiff has failed to allege sufficient personal involvement on behalf of John/Jane Doe, Director of the BHCS, who, as stated above, has been identified as Richard Ellers. Plaintiff attempts to hold Ellers liable simply based on his position as Director of the BHCS. This is a classic example of respondeat superior, and liability cannot be predicated solely on the operation of respondeat superior. Rode v. Dellarciprete , 845 F.2d 1195, 1207 (3d Cir. 1988) (citing Parratt v. Taylor , 451 U.S. 527, 537 n.3 (1981)). It is not even alleged that Ellers was personally consulted with regard to Plaintiffs grievance appeal. There are no factual allegations in the Complaint that state a claim against Ellers. Therefore, he should be dismissed from this action.
2. Deliberate Indifference to a Serious Medical Need
All Defendants move to dismiss Plaintiffs Complaint for failure to state a claim of deliberate indifference to a serious medical need.
In order to state such a claim, a plaintiff must demonstrate two elements: (1) he was suffering from a "serious medical need, " and (2) prison officials were deliberately indifferent to the serious medical need. Gamble v. Estelle , 439 U.S. 897 (1978). The first showing requires the court to objectively determine whether the medical need was "sufficiently serious." A medical need is "serious" if it is one that has been diagnosed by a physician as mandating treatment, or one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention. Monmouth County Correctional Institutional Inmates v. Lanzaro , 834 F.2d 326, 347 (3d Cir. 1987), cert. denied, 486 U.S. 1006 (1988). The second prong requires the court to subjectively determine whether the officials acted with a sufficiently culpable state of mind. Deliberate indifference may be manifested by an intentional refusal to provide care, delayed medical treatment for non-medical reasons, a denial of prescribed medical treatment, or a denial of Nesonable requests for treatment that results in suffering or risk of injury. Durmer v. O'Carroll , 991 F.2d 64, 68 (3d Cir. 1993).
First, Defendants argue that Plaintiff's medical condition, or Onychomycosis, is not a "serious" medical need and that courts have held similarly. They cite to Fwr v. Diboll Correctional Center , 582 F.Supp.2d 841 (E.D. Tex. Oct. 14, 2008); Griffin v. Cook, No. 02-717-AS, 2005 WL 1113830 (D. Or. May 10, 2005); Villanueva-Monroy v. Hobart, No. 05-C-214-C, 2005, U.S. Dist. LEXIS 44315, 2005 WL 1364398 (W.D. Wis. June 7, 2005); White v. Boydston, No. 4:05cv2345SNL, 2007 U.S. Dist. LEXIS 10284, 2007 WL 522312 (E.D. Mo. Feb. 14, 2007); and Winkleman v. Feinerman, No. 3:08-cv-00369, 2010 WL 5478666 (S.D. Ill.Dec. 6, 2010). Defendants are incorrect as these cases have not held outright that a nail fungus is not a serious medical need. Instead, these courts held that the facts as alleged by the plaintiffs in the respective cases did not show deliberate indifference to a serious medical need.
In this case, Plaintiff alleges that he has experienced degeneration of his toenail, which has worsened because the infection has not been treated. He also alleges that his toes have become inflamed and that his toenails have thickened and overgrown, which has caused bleeding and extreme sensitivity. He alleges that the infection has spread to other toenails, emits a foul smell and causes him physical pain. For purposes of the Eighth Amendment, Plaintiff has pleaded the existence of a serious medical condition sufficient to state a plausible claim for relief.
Next, the DOC Defendants argue that, as a matter of law, Plaintiff has not stated a claim against them because they are non-physicians who relied on the medical opinions of treating physicians. Therefore, absent reason to believe that Plaintiff was being mistreated or not treated appropriately they cannot be found to be deliberately indifferent. See Durmer v. O' Carroll , 991 F.2d 64, 68 (3d Cir. 1993) (prison officials who are not physicians cannot be considered to be deliberately indifferent simply because they failed to respond to the medical complaints of a prisoner who was already being treated by a prison doctor). See also Spruill v. Gillis , 372 F.3d 218, 236 (3d Cir. 2004). As this Court has observed,
This rule makes sense because a non-physician layperson cannot be deliberately indifferent to a prisoner's medical needs when he knows that the prisoner is being seen by and treated by physicians and/or receiving treatment ordered by a physician, notwithstanding the prisoner's complaints about the physician's treatments and/or alleged misdiagnosis because a non-physician layperson has no experience whereby to judge the adequacy vel non of a physician's treatment.
Caldwell v. Fogel, 2009 U.S. Dist. LEXIS 86092, 2009 WL 3048558 at *7 (W.D. Pa. 2009).
Plaintiff alleges that, unlike a situation where a non-physician relies on a physician's diagnosis and treatment of a prisoner, he was not receiving treatment by a physician and the DOC Defendants knew this and failed to provide him with treatment even though it was necessary. As previously noted, it is unclear from this undeveloped record whether the DOC Defendants knew that treatment was not being provided, the extent to which treatment was necessary, and the extent to which they relied on the medical judgment of Dr. Jin and other medical staff at SCI-Greene. It is also unclear whether they had any ability or authority to influence the course of medical treatment Plaintiff received. Therefore, their Motion should be denied.
Finally, Dr. Jin argues that Plaintiff was provided with medical care for his infection, as exemplified by his attachments to his Complaint, and that Plaintiff simply disagrees with Ms. West and Dr. Jin's professional medical assessment. In reply, Plaintiff does not dispute that he was seen by Dr. Jin on January 12, 2012. However, he disputes that he simply "disagrees" with the medical care that he was provided because, as he alleges, he was not actually provided with any medical care whatsoever, despite the fact that Dr. Jin acknowledged that his infection was Onychomycosi s.
The record reveals that Plaintiff's grievances and appeals were denied because (1) Dr. Jin diunced to pros and cons of treatment with Plaintiff on January 12, 2012, and that Plaintiff elected not to pursue treatment, and (2) because there was nothing in Plaintiff's medical chart to indicate that treatment was necessary. Plaintiff maintains that these two reasons are contradictory.
Plaintiff alleges that Dr. Jin told him that Onychomycosis would stay with him for the rest of his life if it was not treated. Plaintiff questions why Dr. Jin would say such a thing if he believed that treatment was not necessary. Therefore, Plaintiff alleges that Dr. Jin believed that treatment was necessary but intentionally denied it. Again, Plaintiff alleges that he did not refuse treatment and questions why he would do so when he has spent such a considerable amount of ti me seeking it.
While the undersigned does not believe that the above rationales are necessarily contradictory, because Dr. Jin may have believed treatment to be unnecessary while at the same time offering to provide it, the Complaint contains sufficient factual allegations to support a claim of deliberate indifference to medical needs. Once the record is developed, Defendants' arguments may require the granting of a motion for summary judgment; however, at this stage of the proceedings, the complaint passes the legal tests for specificity. The undersigned therefore recommends that the Motions be denied.
3. Equal Protection
Plaintiff claims that he was denied his right to equal protection but he provides no factual allegations to support his claim. To state an equal protection claim under the Fourteenth Amendment, "a plaintiff must at a minimum allege that he was intentionally treated differently from others similarly situated by the defendant and that there was no rational basis for such treatment." Phillips v. County of Allegheny , 515 F.3d 224, 243 (3d Cir. 2008). Plaintiff does not allege that he was singled out for disparate treatment for any particular mason. He does not even oppose Dr. Jin's Motion to Dismiss on this ground. Plaintiff has not stated an equal protection claim and therefore it should be dismissed.
For the aforementioned reasons, it is respectfully recommended that the DOC Defendants' Motion to Dismiss (ECF No. 27) be granted on the ground that Plaintiff has failed to allege sufficient personal involvement on the part of Defendant John/Jane Doe but be denied on all other grounds. The Complaint should therefore be dismissed in its entirety against Defendant John/Jane Doe.
In accordance with the applicable provisions of the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B)&(C), and Rule 72.D.2 of the Local Rules of Court, the parties shall have fourteen (14) days from the date of the service of this report and recommendation to file written objections thereto. Any party opposing such objections shall have fourteen (14) days from the date on which the objections are served to file its response. A party's failure to file timely objections will constitute a waiver of that party's appellate rights.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us