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August 17, 2011
DCFS USA, LLC, PLAINTIFF,v.DISTRICT OF COLUMBIA, ET AL., DEFENDANTS.
This is a case about a luxury car auctioned by the District of Columbia Department of Public Works ("DPW") without notice to the holder of the note. Plaintiff DCFS USA, LLC ("DCFS") sues the District of Columbia under the Fifth Amendment of the U.S. Constitution and 42 U.S.C. § 1983, complaining that the D.C. failed to provide constitutionally-required prior notice. Finding merit to the constitutional claim, the Court will enter summary judgment for DCFS on Count I of the Amended Complaint.
In 2006, Stephen Yelverton purchased a 2006 Mercedes Benz SLK350 (the "Vehicle") from Mercedes Benz of Alexandria in Alexandria, Virginia. Mr. Yelverton signed a purchase agreement, under which he gave a down payment of $8,000.00 towards the Vehicle's purchase price of $55,177.66, and agreed to sixty monthly payments of $706.17 beginning in September 2006, with a final payment of $23,106.30 due in September 2011. The total purchase price, with interest, was $65,476.50. The Vehicle operated with a Virginia license plate.
Mercedes Benz of Alexandria assigned the purchase agreement to DaimlerChrysler Financial Services Americas LLC ("DCFSA"), giving DCFSA a first security interest in the Vehicle. DCFSA's security interest was properly perfected and was reflected on the Vehicle's Certificate of Title. Plaintiff DCFS is the successor in interest to DCFSA and thus became the secured creditor to the Vehicle. Eventually, Mr. Yelverton defaulted on the purchase agreement by failing to make timely payments. DCFS notified Mr. Yelverton of his default and demanded payment in full, in the amount of $42,606.70, on September 16, 2008. Mr. Yelverton never cured the default.
On December 22, 2008, the DPW towed and impounded the Vehicle. On January 12, 2009, the DPW published an impoundment notice in The Washington Times, notifying the public of the DPW's intent to sell the Vehicle at auction. On February 4, 2009, the DPW sent an impoundment notice, by first class mail, to Mr. Yelverton at his last known address. Mr. Yelverton did not respond to the notice. The Vehicle was advertised for online auction between March 12 and March 19, 2009, and was sold on March 17, 2009, for $18,900. As of that date, it remained unclaimed. The DPW sold the Vehicle free and clear of DCFS's security interest.
The District of Columbia provided neither DCFSA nor DCFS with prior mailed notice that the Vehicle was impounded and might be auctioned. In July 2009, DCFS learned that the Vehicle had been auctioned by DPW after conducting an internet search using the Vehicle's vehicle identification number. An employee of DPW then informed DCFS that it had not received notice because the Vehicle was not registered in the District. Pl.'s Cross-Mot. for Summ. J. & Opp'n to Def.'s Mot. for Summ. J. [Dkts. ## 31, 32] ("Pl.'s Opp'n"), Ex. I (Aff. of Ernie Bucks) ¶ 8. At the time the Vehicle was sold, Mr. Yelverton owed DCFS more than $42,000. DCFS demanded that the District reimburse it for the full amount, but the District rejected the demand. This lawsuit followed.
DCFS alleges that the District denied it prior notice and a meaningful opportunity to be heard on the impoundment and sale of the Vehicle in violation of its right to procedural due process under the Fifth Amendment of the United States Constitution (Count I) and also alleges a violation of 42 U.S.C. § 1983 (Count II). See Am. Compl. [Dkt. # 27] Counts I--II. The Court ordered discovery solely on Count I, the Fifth Amendment claim, as the § 1983 claim would rise or fall with the first count. DCFS filed an Amended Complaint on November 19, 2010, omitting claims against Mr. Yelverton after he was voluntarily dismissed. See Am. Compl.; Notice of Voluntary Dismissal [Dkt. # 8]. The District filed an amended motion to dismiss, or in the alternative, for summary judgment and DCFS cross-moved for summary judgment. The cross motions are ripe.
A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) challenges the adequacy of a complaint on its face, testing whether a plaintiff has properly stated a claim. FED. R. CIV. P. 12(b)(6). Federal Rule of Civil Procedure 8(a) requires that a complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Id. 8(a)(1). A complaint must be sufficient "to give a defendant fair notice of what the . . . claim is and the grounds upon which it rests." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal citations omitted). Although a complaint does not need detailed factual allegations, the facts alleged "must be enough to raise a right to relief above the speculative level." Id. In deciding a motion under Rule 12(b)(6), a court must treat the complaint's factual allegations as true, "even if doubtful in fact." Id.
Summary judgment should be granted only if the moving party has shown that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. See FED. R. CIV. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Waterhouse v. Dist. of Columbia, 298 F.3d 989, 991 (D.C. Cir. 2002). In determining whether a genuine issue of material fact exists, the court must view all facts and draw all justifiable inferences in the nonmoving party's favor and accept the nonmoving party's evidence as true. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). A nonmoving party, however, must establish more than "the mere existence of a scintilla of evidence" in support of its position. Id. at 252. In addition, the nonmoving party may not rely solely on allegations or conclusory statements. Greene v. Dalton, 164 F.3d 671, 675 (D.C. Cir. 1999). Rather, the nonmoving party must present specific facts that would enable a reasonable jury to find in its favor. Id. at 675. If the evidence "is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson, 477 U.S. at 249--50 (citations omitted).
A. Admissibility of Certain Evidence
The District of Columbia seeks to have the Court consider an affidavit by Cynthia Jones, a Certified Public Manager for DPW's Abandoned Vehicle Division which states:
1. On December 23, 2008, the District inquired of the Maryland, Virginia, Pennsylvania and Delaware motor vehicle departments for information related to the ownership of the Vehicle, using its Virginia license plate number. These inquiries were made electronically, using the Washington Area Law Enforcement System ("WALES"), a computerized information system. The WALES system is the primary tool available to DPW to obtain ownership information for vehicles in its possession. All four departments reported that the license plate number was not registered in their jurisdiction.
2. On February 4, 2009, the District again inquired of the Virginia Department of Motor Vehicles ("DMV") for information about the Vehicle, this time providing its vehicle identification number. The Virginia DMV, using the National Law Enforcement Telecommunications System, responded with the name and address of Mr. Yelverton. No additional information was provided.
See Def.'s Reply & Opp'n to Pl.'s Cross-Mot. for Summ. J. [Dkts. ## 34, 35] ("Def.'s Reply), Ex. A (Affidavit of Cynthia Jones) ("Jones Aff.") ¶¶ 4, 7. The District introduced the Jones Affidavit, and the facts stated therein, for the first time in its combined reply and opposition to DCFS's cross-motion for summary judgment.
DCFS strongly objects to the District's attempt to undermine its previous admission in discovery that D.C. did not search the database of Virginia's DMV to determine whether there were any lienholders reflected on the Vehicle's title. See Pl.'s Reply [Dkt. # 36] at 5--6. The District admitted -- and the Court judicially established as fact -- that it "did not search the records of Virginia's Department of Motor Vehicles to determine whether there were any lien holders reflected on the title of the Vehicle." Pl.'s Opp'n, Ex. G (District's Responses to Admission Requests) ¶ 5.*fn1
Nonetheless, the District incredibly argues now that its admission before is not inconsistent with the Jones Affidavit that "[o]n December 23, 2008, inquiries were sent by the DPW to . . . the Virginia Department of Motor Vehicles . . . for information related to the ownership" and lienholder information of the Vehicle. Jones Aff. ¶ 4, see also id. ¶ 7 (further explaining that "an additional inquiry identifying the Vehicle by its Vehicle Identification Number was sent by the DPW to the Virginia Department of Motor Vehicles through WALES for information about the Vehicle"). The District contends that it employed WALES to conduct the inquiry, but did not search Virginia's DMV database itself. See Def.'s Surreply [Dkt. # 40] at 3 ("WALES does not allow the District to search the Virginia Department of Motor Vehicles' records; rather, WALES simply allows the District to request information concerning vehicles in its possession about which other states may have information."). In other words, the District used WALES as an intermediary to inquire of the Virginia DMV database as to information concerning the Vehicle, its previous admission and the Court's sanction to the contrary. The Court will not permit such gamesmanship. The District cannot undermine this binding and "conclusively established" fact through introduction of the Jones Affidavit. See FED. R. CIV. P. 36(b); Rainbolt v. Johnson, 669 F.2d 767, 768--69 (D.C. Cir. 1981).
DCFS further moves to preclude the Jones Affidavit as a sanction under Rule 37 because of the District's failure to provide DCFS with information about the District's search of the databases of the four states during the course of discovery. See Pl.'s Reply at 7--9. "If a party fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless." FED. R. CIV. P. 37(c)(1). A primary consideration for a court is that any Rule 37 sanction must be just. See Bonds v. Dist. of Columbia, 93 F.3d 801, 808 (D.C. Cir. 1996). "The choice of sanction should be guided by the 'concept of proportionality' between offense and sanction." Id. (quoting Shea v. Donohoe Constr. Co., 795 F.2d 1071, 1077 (D.C. Cir. 1986)).
In response to DCFS's interrogatory requesting that the District "[d]describe in detail the method by which the District determined when, where, how and to whom to provide notice of the impoundment of the Vehicle," and to identify all related documents, the District merely provided a list of documents and gave no recitation of the details contained in the Jones Affidavit. See Pl.'s Reply, Ex. B (District's Interrog. Responses) ¶ 5; see also id., Ex. C (District's Supplemental Interrog. Responses) ¶ 5. A party must respond to an interrogatory, not by simply citing to a document, but by answering each question separately and fully in writing. See FED. R.CIV. P. 33(b)(1); see also Equal Rights Ctr. v. Post Props., Inc., 246 F.R.D. 29, 34 (D.D.C. 2007). Similarly, in response to an interrogatory that asked for the name, address and phone number of "each individual likely to have discoverable information" and to "describe in detail his or her specific material knowledge or information," the District identified Ms. Jones, among others, but omitted her title, her phone number, or any indication -- much less a detailed one -- concerning the nature of her specific material knowledge. See Pl.'s Reply, Ex. B (District's Interrog. Responses) ¶ 3.
DCFS notified the District of its deficient and unresponsive answers
to no avail. See Pl.'s Reply, Ex. A (Discovery Deficiency Letter Dated
9/2/10). For instance, DCFS specifically requested that the District
cure its failure to provide any information about the material
knowledge of the individuals it identified as having potentially
discoverable information, which included Ms. Jones. See id. at 1. The
District's supplemental interrogatory responses, dated sometime in
September 2010, simply stated that "the District not know [sic] what
knowledge each individual possesses." Id., Ex. C (District's
Supplemental Interrog. Responses) ¶ 3. Counsel responding to
interrogatories is not at liberty to say she does not know the answers
to very legitimate questions, but must provide "true, explicit,
responsive, complete, and candid" responses. See Equal Rights Ctr.,
246 F.R.D. at 32; United States ex rel. Pogue v. Diabetes Treatment
Ctrs. of Am., Inc., 235 F.R.D. 521, 524 (D.D.C. 2006).*fn2
Finding out such answers is exactly the purpose of
pre-trial discovery. Discovery serves to "make a trial less a game of blind
man's bluff and more a fair contest with the basic issues and facts
disclosed to the fullest practicable extent." United States v. Procter
& Gamble, 356 U.S. 677, 682 (1958). Notably, there is no record of
further supplementation before the District attached the Jones
Affidavit to its combined reply and opposition. As discovery is an
on-going obligation, see FED. R.
CIV. P. 26(e),
even if ignorance were acceptable in an initial response -- which is
not the case here, where two extensions of time to complete discovery
had been granted -- the District had an obligation to provide a
complete answer as soon as its counsel knew it. See Norden v. Samper,
544 F. Supp. 2d 43, 49 (D.D.C. 2008) (noting a party's duty to
supplement discovery). This did not happen.
DCFS also tried to elicit further information on the WALES program, seeking clarification on the extent of searches conducted by the system and how Mr. Yelverton's name was ultimately uncovered by the system. See Pl.'s Reply, Ex. A (Discovery Deficiency Letter Dated 9/2/10) at 3. Given the discovery responses and admissions it had received, it appears that DCFS was under the impression that WALES only searched the District's own DMV records and explicitly sought clarification on this point. See id. Despite being on notice of this potential confusion, and despite explicit requests for information, the District wholly failed to respond. See, e.g., Ex. C (District's Supplemental Interrog. Responses) ¶ 6. "[I]nterrogatories are not only an information gathering tool, but also an opportunity to require one's opponent to state its position on an issue in controversy in writing and under oath." Covad Commc'ns. Co. v. Revonet, Inc., 258 F.R.D. 17, 20 (D.D.C. 2009). At a minimum, the District's incomplete responses, despite explicit requests for further information and despite its duty to supplement, had the effect of hiding the ball that the WALES system searched records of jurisdictions beyond the District of Columbia.
The District's insistence that it identified Ms. Jones as a person with knowledge and DCFS chose not to depose her is no answer at all. The District was asked to give details of the material information known by Ms. Jones, among others, so that DCFS could sensibly plan whom to depose, i.e., how to spend its litigation dollars. The District robbed DCFS of that opportunity due to its own failures and cannot now be allowed to blame DCFS for inaction. Moreover, the District admitted early on that the District had not searched the records of the Virginia DMV and failed to provide information on the searches purportedly conducted by Ms. Jones despite DCFS's requests for production on this very topic. See Pl.'s Reply, Ex. D (District's Production Requests Responses)
¶ 2. Further, the District's procedural argument that DCFS's Rule 37 objection is improper because it is not presented by separate motion is unavailing. As the Court accepted the District's surreply, it has had its opportunity to be heard on this point.
The District's pattern in this case of failing grossly in its obligations to civil discovery is very troubling. The Court again reiterates its sympathy for counsel's workload, but there remain necessary consequences when information properly sought but not produced is suddenly unveiled in opposition to a motion for summary judgment (and in reply to a party's own motion). This record does not present a single inadvertent error. Not only did the District ignore its discovery obligations from June--July 2010, for which the Court entered an order on August 12, 2010, but the District also filed supplemental interrogatory responses in September 2010 that failed to correct the errors of its initial responses and only provided additional imprecise and insufficient information, and then further failed to supplement these responses once detailed information became known.
The sudden infusion of information from Ms. Jones in opposition to summary judgment -- a DPW manager whose contemporaneous knowledge is imputed to the District -- violates the letter and spirit of discovery and cannot be accepted. DCFS provides no substantial justification for this late offering -- but instead argues that there is nothing untoward in its actions. See generally Def.'s Surreply. Given the costs of discovery, the fact that discovery has long since been closed, the fact that DCFS has justifiably relied on a theory of the case now altered by the District, and the number of discovery errors committed by the District, the Court cannot find the introduction of the Jones Affidavit at this juncture to be harmless. Because of the Court's previous ruling, the District's previous admission, and Rule 37, the Jones Affidavit and all argument relying upon it will be stricken from the record.
B. Procedural Due Process Claim
The Due Process Clause of the Fifth Amendment protects individuals against deprivations of "life, liberty, or property, without due process of law." U.S. CONST. amend V. "Procedural due process imposes constraints on governmental decisions which deprive individuals of 'liberty' or 'property' interests within the meaning of the Due Process Clause of the Fifth or Fourteenth Amendment." Mathews v. Eldridge, 424 U.S. 319, 332 (1976); see Atherton v. D.C. Office of the Mayor, 567 F.3d 672, 689 (D.C. Cir. 2009) ("A procedural due process violation occurs when an official deprives an individual of a liberty or property interest without providing appropriate procedural protections."). The Due Process Clause of the Fifth Amendment, not the Fourteenth Amendment, applies to the District of Columbia because the District is a political entity created by the federal government. See Propert v. Dist. of Columbia, 948 F.2d 1327 n.5 (D.C. Cir. 1991) (citing Bolling v. Sharpe, 347 U.S. 497, 499 (1954)). In order to assess whether the District violated the Fifth Amendment's Due Process Clause, a court must engage in a "familiar two-part inquiry" -- it must "determine whether the plaintiffs were deprived of a protected interest, and, if so, whether they received the process they were due." UDC Chairs Chapter, Am. Ass'n of Univ. Professors v. Bd. of Trustees, 56 F.3d 1469, 1471 (D.C. Cir. 1995).
I. Deprivation of a Property Interest
DCFS seeks to enforce the procedural due process rights owed to its predecessor in interest, DCFSA, an entity which no longer exists. See Pl.'s Reply at 4. The Vehicle's Certificate of Title explicitly identified DCFSA as the secured creditor, and its address was clearly listed on the Certificate. As successor in interest to the Vehicle, DCFS stands in the shoes of and may enforce any rights of DCFSA.*fn3 Accordingly, DCFS had a protected property interest in the Vehicle, which was eradicated when the District sold the Vehicle free and clear of any liens.
II. Process Due DCFS
Looking first to the District's statutory obligations, it must provide notice by first class mail to owners and lienholders within five days of impounding a vehicle. D.C. CODE § 50- 2421.07(b).*fn4 In addition to providing certain information related to the impoundment -- for example, the reason why a vehicle was impounded -- the notice must warn the vehicle owner and lienholders that the vehicle will be sold or otherwise disposed of if it is not reclaimed within the set reclamation period. Id. § 50-2421.07(c)(2), (5). These notification requirements apply with equal force where, as here, the District impounds an out-of-state vehicle. See id. § 50-2421.07(b). It is undisputed that the notification requirements outlined in § 50-2421.07 apply in this case.*fn5 The District, therefore, was statutorily required to send notice to DCFSA regardless of its status as the lienholder of a vehicle not registered in the District.*fn6
In the alternative to mailed notice, the District may provide notice of an impoundment by publication in a newspaper of general circulation if (a) the address of the owner or lienholders cannot be determined or if (b) the mailed notice is returned as undeliverable. See id. § 50-2421.07(d). As the District failed to send notice of the impoundment or auction to DCFSA, no mail could have been returned as undelivered.*fn7 Therefore, per District law, the DPW could only have properly provided notice by publication if it could not have determined the address of the owner or lienholders. The identity of DCFSA as the titled lienholder was clearly reflected on the Certificate of Title and was determinable. The District's published notice in the Washington Times did not comply with the requirements of § 50-2421.07(d).
That the District violated the notification requirements outlined in its own laws or regulations, however, does not itself mean that it deprived DCFS of procedural due process due under the Fifth Amendment. See Tate v. Dist. of Columbia, 627 F.3d 904, 908 (D.C. Cir. 2010) (noting that the District's failure to provide the requisite 45-days notice prior to selling the plaintiff's vehicle at auction did not necessarily mean the plaintiff was deprived of her Fifth Amendment due process rights); Barwood, Inc. v. Dist. of Columbia, 202 F.3d 290, 294 (D.C. Cir. 2000); see also Brandon v. Dist. of Columbia Bd. of Parole, 823 F.2d 644 (D.C. Cir. 1987). Conversely, even if a state provides notice in compliance with a state law, the notice may nevertheless fall short of what is required under the Due Process Clause. See, e.g., Jones v. Flowers, 547 U.S. 220 (2006). Accordingly, whether or not the District violated DCFS's due process rights must be analyzed separately from the District's failure to comply with D.C. law.
"[T]he Supreme Court has established a 'general rule that individuals must receive notice and an opportunity to be heard before the Government deprives them of property.'" UDC Chairs Chapter, 56 F.3d at 1472 (quoting United States v. James Daniel Good Real Prop., 114 S. Ct. 492, 499 (1993)). "An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). "As Mullane made clear, the Due Process Clause does not demand actual, successful notice, but it does require a reasonable effort to give notice." Small v. United States, 136 F.3d 1334, 1336 (D.C. Cir. 1998).*fn8 The government must also provide "the opportunity to be heard 'at a meaningful time and in a meaningful manner.'" Mathews, 424 U.S. at 333 (quoting Armstrong v. Manzo, 380 U.S. 545, 522 (1965)). Beyond these threshold requirements, the extent of procedural protections the Constitution mandates varies with the particular situation and the interest at stake. See Zinermon v. Burch, 494 U.S. 113, 127 (1990); Propert, 948 F.2d at 1332. Procedural requirements must not "place impossible or impractical obstacles" on the government. Mullane, 339 U.S. at 314. Nonetheless, "the government is never relieved of its duty to provide some notice and some opportunity to be heard prior to final deprivation of a property interest." Propert, 948 F.2d at 1332.
The Supreme Court has addressed the adequacy of notice by publication or posting -- in a local newspaper or elsewhere -- on numerous occasions. "Notice by mail or other means as certain to ensure actual notice is a minimum constitutional precondition to a proceeding which will adversely affect the liberty or property interests of any party, . . . if its name and address are reasonably ascertainable." Mennonite Bd. of Missions v. Adams, 462 U.S. 791, 800 (1983); see also id. at 798 (noting that unless an interest holder "is not reasonably identifiable, constructive notice [by publication] alone does not satisfy the mandate of Mullane"); Jones, 547 U.S. at 222. "Mullane recognized that notice by publication is adequate only in certain circumstances; 'in the case of persons missing or unknown, employment of an indirect and even a probably futile means of notification is all that the situation permits.'" Small, 136 F.3d at 1336--37 (quoting Mullane, 339 U.S. at 317).*fn9
In 1950, the Mullane Court explained its disapproval of notice by publication when the address of the affected party is known or easily ascertainable: "Chance alone brings to the attention of even a local resident an advertisement in small type inserted in the back pages of a newspaper, and if he makes his home outside the area of the newspaper's normal circulation the odds that the information will never reach him are large indeed." 339 U.S. at 315. The D.C. Circuit in 1998 expanded that "[a]lmost fifty years after Mullane, in an increasingly populous and mobile nation, newspaper notices have virtually no chance of alerting an unwary person that he must act now or forever lose his rights; they are no more effective than publishing a notice in the Federal Register." Small, 136 F.3d at 1336.
It is thus easy to conclude that DCFS had a constitutionally protected interest in the Vehicle, and was entitled to notice "reasonably certain to inform" it prior to the elimination of that interest. See Mullane, 339 U.S. at 315. The Vehicle had a Virginia license plate, and regardless of whether the registration sticker was expired at the time the Vehicle was impounded, the District neither searched the records of the Virginia DMV to determine the existence or identity of any lienholders nor mailed notice of the Vehicle's impoundment and intended auction to DCFSA. DCFSA's identity was readily ascertainable from the Vehicle's Certificate of Title had the District employed "reasonably diligent efforts." Mennonite, 462 U.S. at 798 n.4 (noting that mortgage was on file with county recorder, that mortgagee's identity was listed on mortgage, and that even though the address was not provided on the mortgage, the address could have been ascertained by reasonably diligent efforts).*fn10
Had the District been reasonably diligent in searching the Virginia DMV records, as it was required to do by D.C. law, the District would have determined that DCFSA was the titled lienholder. With little effort, notice could have been mailed to DCFSA's address that was plainly listed on the Title. Instead, the District merely published notice in a local D.C. newspaper. On this record, the District's use of a less reliable form of notice was not reasonable. At a constitutional minimum, DCFS was entitled to mailed notice that would have apprised it of the Vehicle's impoundment and intended auction. In failing to give DCFS prior adequate notice, the Court finds the District deprived DCFS of its property in violation of due process of law under the Fifth Amendment.
III. Post-Deprivation Remedy
The District nonetheless attempts to shift the blame to DCFS for its purported failure to take advantage of post-deprivation hearing procedures afforded by D.C. law. See D.C. CODE § 50- 2421.11 (providing that in certain circumstances an "owner or lienholder who fails to reclaim a vehicle within the time prescribed shall nevertheless be entitled to recover the fair market of the vehicle disposed of"). In certain circumstances a state may provide notice and an opportunity to be heard after the initial deprivation of a property interest. "This Court has recognized, on many occasions, that where a State must act quickly, or where it would be impractical to provide predeprivation process, post-deprivation process satisfies the requirements of the Due Process Clause." Gilbert v. Homar, 520 U.S. 924, 930 (1997); see also FDIC v. Mallen, 486 U.S. 230, 240 (1988) ("An important government interest, accompanied by a substantial assurance that the deprivation is not baseless or unwarranted, may in limited cases demanding prompt action justify postponing the opportunity to be heard until after the initial deprivation.").
In this case, the record does not establish a need for quick or prompt action that might justify this Court's finding that notice and the opportunity for a hearing prior to a final deprivation was not required. District law provides that owners have 28 days to reclaim impounded vehicles after an impoundment notice is mailed and 14 days to reclaim a car after notice by publication. See D.C. CODE § 50-2421.08. Here, the District impounded the Vehicle on December 22, 2008, published notice of its intent to auction the Vehicle on January 12, 2009, offered the Vehicle up for auction on March 12, 2009, and sold it on March 17, 2009. It can hardly be said that the necessity of a quick sale of the Vehicle justified the District's failure to provide DCFS pre-deprivation notice and hearing. Ultimately, "[t]he availability of post-deprivation remedies is not a defense to the denial of procedural due process where predeprivation process is practicable." Westborough Mall, Inc. v. Cape Girardeau, 794 F.2d 330, 337 (8th Cir. 1986).*fn11
C. Section 1983 Claim
The District also moves to dismiss, or in the alternative for summary judgment, on Count II of the Amended Complaint which alleges a violation under 42 U.S.C. § 1983. See Am. Compl., Count II. To state a claim for municipal liability under § 1983, a court must conduct a two-step inquiry. "First, the court must determine whether the complaint states a claim for a predicate constitutional violation." Baker v. Dist. of Columbia, 326 F.3d 1302, 1306 (D.C. Cir. 2003). "Second, if so, then the court must determine whether the complaint states a claim that a custom or policy of the municipality caused the violation." Id. "Each inquiry is separate and serves different purposes." Id. Discovery was limited to Count I of the Amended Complaint, see Scheduling Order [Dkt. # 12] ¶ 7, because the viability of the § 1983 claim depended upon the viability of the due process violation alleged in Count I.
As the Court has not allowed for discovery on the § 1983 claim, and because many material issues of fact remain unresolved on this claim, it will consider the District's motion as a motion to dismiss. The Amended Complaint alleges that the District deprived DCFS of its property interest in the Vehicle through the District's "official policy or custom of impounding vehicles for which there are not two or more unpaid tickets outstanding for a period of at least 60 days" and for which no other circumstances apply under District law, see Am. Compl. ¶ 39, and that the District had an official custom or policy of "not providing notice of impoundment to lienholders of vehicles registered outside the District of Columbia and/or failure to train or supervise DPW employees regarding the notice required" by District law "despite knowledge that the notice requirement was being systematically disregarded so as to violate the constitutional rights of lienholders." Id. ¶ 40.
These allegations are sufficient to survive a motion to dismiss. See Baker, 326 F.3d at 1306. "The complaint need only set forth a short and plain statement of the claim, giving the defendant fair notice of the claim and the grounds upon which it rests." Runkle v. Gonzales, 391 F. Supp. 2d 210, 220 (D.D.C. 2005) (citations omitted). At this pre-discovery juncture, DCFS has alleged sufficient factual matter; the District's motion to dismiss Count II of the Amended Complaint will be denied.
For the reasons stated above, Defendant's Amended Motion to Dismiss and/or Motion for Summary Judgment [Dkt. # 29] will be denied. Defendant's Motion for Summary Judgment as to Count II will be denied without prejudice. Plaintiff's Motion for Summary Judgment as to Count One of the Amended Complaint [Dkt. # 31] will be granted. A memorializing Order accompanies this Memorandum Opinion.
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On February 16, 2006 the Health Insurance coverage Portability and Accountability Act was finalized, and enacted. This law is developed to establish national standards for all health care transactions, and to guarantee the security and privacy of all wellness connected info. The motivation behind this law is to enhance the functionality, and efficiency of our well being care system. This kind of reform has created a need for qualified individuals who can utilize the tools of this legislation, and assure full compliance, and maximum reimbursement. It would therefore be a prudent move for health care facilities to employ such individuals in order to avoid errors that could have dire consequences.
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Medical Billing and related occupations continue to be the fastest expanding opportunities in wellness care. Insurance institutions and government agencies are investing huge sources to control claims fraud, abuse, and establish some degree of reimbursement parity. As a result, far more insurance coverage companies, and overall health care facilities are looking to healthcare billing professionals for aid. These companies and practices are looking for seasoned and educated people the legal consequences of incorrect billing could be devastating. There is a movement in the market to make medical billers responsible for inaccuracies, much they way accountants are for tax returns.
At present, there are no standards for educational needs for health-related billers and coders. Even so, more employers are searching for some formal training at an accredited career training institution. These schools range in education time from nine months to two years, anything less would not be considered sufficient. There is a move for certification, and numerous organizations are sponsoring certification examinations in healthcare billing and coding. Healthcare billers and coders earn as considerably as $eight to $10 per hour in the starting, and could potentially comprehend $30 to $40 per hours with expertise and added responsibilities.
Nowadays, evolutions in the health care sector are happening at a quite high pace. It is only with the help of sophisticated personal computer programs, and standardized coding procedures that medical coders are now able to describe and characterize the tremendous quantity and various types of health-related and surgical procedures. These realities coupled with government regulations, and well being insurance coverage recommendations have contributed to the strong demand for experienced health-related coders and billers.Chris Wallace
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All West Midlands speed cameras are to be switched-off
All speed cameras in the West Midlands will be turned off at the end of the month, it was revealed – as it emerged talks about getting them turned back on in the future have been delayed.
The last 73 of the region's 305 speed and traffic light cameras will be turned off part of a drastic cost-cutting moves.
Bosses are looking at the long-term future of the sites and if they could be converted to digital and turned back on in the future. The move would offset costs of processing outdated wet film but bosses have put back a meeting to debate whether to go ahead with the upgrade until May.Subscribe to our Newsletter
Comments for: "All West Midlands speed cameras are to be switched-off"
We Only Need One Half!
What a ridiculous piece of information to make public, they worked just as well has a deterrent whether they were switched on or not, now the mystic of whether they were functioning or not has been removed......why?
Agree. Keep everyone guessing and the limits will be adhered to.
will accident rates increase? I think not, only the revenue to the thieving government will drop.
What you fail,to realise is that the police will just stop more drivers "on a whim" or other non-objective basis and cause you hassle.
They do not have to record the number they stop, unlike the suss law.
Pay up or be hassled? I know which one I choose.
Drivers beware of the car behind you.
Pathetic individual!
Michael Schumacher
I think there trying to trick the motorist, as soon as you go through one driving over the speed limit you will get flashed. They will make more money.
We Only Need One Half!
How can they trick you? from your statement your obviously saying they do work, because if you know they are not working you will speed.
Why would you purposely "go through one driving over the speed limit"
I do despair sometimes, I really do. Michael Schumacher, says it all.
Fantastic news, these cameras need melting down asap, forget the digital upgrades, the people of West Midlands overwhelmingly are against these stealth taxes, especially in such financially difficult economic times.
Or, if you don't want to pay this "stealth tax", you could just opt NOT TO SPEED in your car.
Couldn't you?
We Only Need One Half!
Simon, I don't think you will see it as such fantastic news when you get caught by a mobile trap, or a guy with a gun!
Speed traps are not going to go away, in some cases they are very much needed, in others not so, the cameras worked because like it or not they actually made people slow down at specific spots, no one purposely drove through one at speed, unless they were a complete idiot.
Placed in the right areas, and I am not so naive has to say they were all there purely for safety, but the majority were, they worked, you knew where they were, you slowed down, job done.
Now, you will have mobile traps and radar guns, and like The Spanish Inquisition, no one will expect them, or know where they are, so, in effect, the biggest opponents of the cameras, will now have to ensure they drive bang on the speed limit, even when road conditions dictate otherwise (empty road in rural area with a 40 mph at 5am in the morning for example)
Yes, I think the people who have picked up a fine or two from these cameras have a got a shock coming, if they cant spot a 12 foot tall, fixed road side camera, hundreds of yards down the road, with a dayglo yellow back, how do they think they will spot a guy obscured by a bush or a tree with a radar gun!
think about it.
These speed vans and cops with radar guns by law are not supposed to be hidden behind bushes, but out in the open, many of them operate illegally but it's okay for the cops to operate illegally, as long as the money through fines is rolling in, after all the police have no-one to answer to, who you going to complain to the IPCC? Do me a favour, the IPCC is a case of the police investigating the police, it's exactly the same scenario as an armed robber getting caught in the act and then being judged in court by a jury of armed robbers.
Police routinely break the law themselves and don't follow correct procedure, they know they can get away with murder as long as their pals at the IPCC are the ones dealing with any complaints against them.
What do you know about the people of the West Midlands - I for one want them left even if they don't work-don't break the speed limit you won't be fined anyway or is that, to much to ask!
What do I know about the people of the west midlands? Well for one I have lived here all my life and have spoken to many other people that have also lived here most their lives, the vast majority are against these cameras and more and more people everyday are understanding the real purpose they were put up in the first place, to raise as much money as possible under the guise of saving lives.
do you think radar guns will not pick you up and fine. it will give you a golden hanshake for speeding. i always felt uk used cameras and camera symbols as deterrence. now unknown spots pickup you speeding at 36 miles on 30 mile read is not a good news
"Overwhelmingly"? Have you done a survey? Stop putting words into other people's mouths. They can speak for themselves.
Perhaps you could also tell the rest of us who appointed you as spokesman for humanity.
If you have a spare few minutes, look up the word "humility" in the dictionary. You'd be well served learning its meaning.
Recipe for disaster. Watch the RTA figures rise after this happens. Licence to kill.
What you have shares in the company
road racer
"License to kill"!!!!!! What an idiotic statement.
We Only Need One Half!
Not as idiotic has some one who calls himself road racer when talking about speed cameras.
Good Grief.
Recipe for disaster another strange statement
This is somewhat misleading as it won't include the Motorway cameras - will it?
Oh no what are we to do!!!!
In places like Tipton people are plagued by boy racers and industrial drivers, who have scant regard for the 30 limit. Now these idiots know there is no camera standing in their way I guarantee you this: young lives WILL be lost. In some places these cameras are not needed but in many they are. All this will do is allow chavs with loud exhausts to further terrorize communities with their selfish and dangerous antics. I suggest the public 'switch on' their own cameras and lawfully share footage on video hosting sites.
If these cameras are so good at preventing accidents, why did casualties fall when Swindon switched theirs off?
They don't work and the money they cost would be better spent on resurfacing the roads and improving visibility at junctions.
Big tone
I can guess what will happen now there will be hand held cameras in sneaky places waiting to catch the unsuspecting motorist to generate cash. If anybody has driven on the 449 or uses it on a regular basis you will know what I mean.
These cameras we erected at sites of (supposedly) at least one accident fatality to try and stop anything happening in the future, are the council now saying that money now is more important than lives, or are they not collecting enough revenue now so "lets turn them off."
Makes no difference really does it most of the above comments.....as it says hundreds of them have already been switched off for the past 12 months have you not noticed? And if you care to look at the statistics there's been no increase in rta's in those areas :-/
We Only Need One Half!
Yes, because up until it was confirmed they would all be off, no one knew which ones worked and which didn't, can you not see that simple equation?
Wait till people know they are off for definite, than check the figures, people still speed when they know there there, else no one would have ever been caught would they, what do you think will happen when they are entirely removed? are you miraculously expecting the amount of speeders to fall or remain at the level they are at now?
That dog don't hunt, does it?
"no increase in rta's in those areas" ?
Ironically, you're comment backs up this debate You can't deny, if the BIG yellow box is there, we all drive better. We are aware of them, and we think. Just because these have been switched off, it don't mean were all going to drive faster past them. Off the point: I for one wouldn't believe that they were switched off.
Cameras are needed in accident blackspots, but not all over the place..
Do you know why Councillors never get nicked for speeding ? their chauffeurs do, lol
I recon Bosses (Money grabbing Councils) would rather cut social services to relocate the money to Parking and Cameras because they hate the motorist
Remember the days when a cop would pop up with a speed gun and nick people doing 35mph? , then it was for a real offense of speeding, now they deliberately change the speed limits 50,30, 40 , 30 mph to catch you out and milk you dry.
Give a cop a speed gun, its cheaper fairer and that's better than milking people
Mike C
Good. Waste of time. Use unmarked and no warning monitoring points. It'll catch those poor drivers that accelerate and speed between cameras and then slow down at the appropriate point. Those are the dangerous drivers that need taking off the road.
We Only Need One Half!
Simple and to the point pip, that's the truest thing that's been said on here.
Not that I am a fan of cameras except in areas where needed, i.e. Schools, high accident areas, dual carriageways, I still prefer them to speed humps I think they are getting taller ! And they wreck your car, also less visible when we had snow, (ok before you say owt that is only a few times a year). I think mobile speed cameras is "ENTRAPMENT" I bet a good lawyer could pick the bones out of that !
If you wreck your car on speed bumps, then you're driving too fast. Try slowing down.
A good lawyer would laugh you out of the room. There's nothing illegal about mobile speed cameras. A test case would have come to court and they would have been banned.
Tony S
The mass of speed cameras in the area deter business. The statistics for thier success are dishonest and assume none of the improvements in car safety made a jot of difference. Thier position on trunk roads has driven drivers with points on to back roads and rat runs.
The cameras have stopped earning money. The people operating the cameras and the very profitable speed awareness courses fight to keep the cameras as it is a nice little number.
If they are costing tax payers cash, then they have to be cost and life effective and compete with cost and life affective measures like diabetes care. For example, Hundreds of people are having foot amputations because the diabetic foot care is sub-standard.
I believe they are in the wrong places and are poor value.
Rob Moore
This is a great chance for a true scientific study to be undertaken of all the RTAs at those camera sites during the period the cameras are off when compared to a period when all the cameras were on. We could then work out whether they have helped or not. Just needs an organisation to stand up and take that on.


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Nov. 10, 2016 9:00 am - Nov. 30, 2016 11:30 pm
Description: CHADD's Pre-Conference Institutes present in-depth information of specific interest to health and mental health professionals, educators, attorneys, advocates, families, caregivers, coaches, partners, adults, and young adults with ADHD. Available at an additional fee (unless otherwise noted), Institutes provide an opportunity to sharpen knowledge, meet colleagues, and obtain CE/CME/CEU and Coaching credits.
Nov. 10, 2016 12:00 am - Dec. 15, 2016 11:30 pm
Description: CHADD's Annual International Conference is the major research, practice and public information conference dedicated to ADHD. Conference session will focus on providing the up-to-date science-based information and the impact of this information on treatments for individuals with ADHD. The conference will bring together researchers, mental health clinicians, educators, adults, coaches/organizers, parents and others who are seeking more in-depth materials
Major goals for the conference are to:
•Disseminate the latest developments in research;
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•Offer solutions and tactics to make life with ADHD easier to manage.
Oct. 6, 2016 12:00 am - Oct. 31, 2999 11:30 pm
Description :
Teacher to Teacher: Supporting Students with ADHD helps educators identify common ADHD-related learning problems and learn about proven classroom techniques, interventions, and the latest research to enhance school success for students with ADHD.
Designed by teachers for teachers, this multisession, interactive training course is developed and taught by expert educators. CEUs are available upon completion of the course.
CHADD has partnered with Pepper, an online education platform to provide you with a comprehensive virtual training with resources and community of teachers with expert input.
Learn more and register now.
Feb. 9, 2017 6:00 pm - Mar. 23, 2017 8:00 pm
Description :A series of 7 two-hour classes for anyone who wants to learn about ADHD
** One USOE credit available for Davis District teachers who complete the class series
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-DSMV Criteria for Diagnosing ADHD
-Impact of ADHD on the Family
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-The Science of ADHD
-Assessment / Evaluation Process for ADHD
-Multimodal Treatment Options: Behavioral Interventions & Medications Used for ADHD
Session 3 Developing Parenting Strategies & Positive Behavior Interventions – Behavior Management, Part I
-Proactive and Reactive Strategies for Home and School
Session 4 Strengthening Family Relationships | Behavior Management, Part II
-Effective Communication Strategies for Home and School
Session 5 Educational Rights for Your Child with ADHD
-Understanding the Processes under the Federal Education Laws (Section 504 and IDEA)
Session 6 Building an Education Team: Bridging the Gap between Home and School
The link between Impaired Executive Functions & Schoolwork Difficulties
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-Strengthening Resiliency in Children/Teens
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Pre-registration is required
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Mar. 11, 2017 9:00 am - Mar. 18, 2017 3:30 pm
Description :Two-day course providing an interactive and educational program for adults and parents of children and adolescents with ADHD.
** Sponsored by CHADD OF Northern California
Questions: contact Judy Marshall (510) 352.2103/Shari Gent (510) 386-7642 or email@example.com
Download the flyer and registration form.
Mar. 15, 2017 6:00 pm - May. 3, 2017 8:00 pm


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Product Description
WRC 4 comes packed with more than 60+ different car models, 50+ Official Race Teams (from WRC, Class 2 and Class), every track from the WRC championships and a completely re-designed career mode.
Following the path taken with the previous chapter of the series, WRC 4 features a new amazing mix of elements with high graphical detail and real in-game sound. The main characteristics that are included into this new game are: loyalty to the license, exciting game experience, accessibility for first-time players and a dynamic and competitive online game mode.
Among new features of this 2013 edition, players have the chance to experience new lighting conditions, new weather effects depending on the stage, a brand new Career Mode to put the player into a real drivers shoes. Realism and immersion are two of the most important pillars of the development, with impressive 3D environments and an HDR system that grant the best in-game performance.
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Homelegance Delavan Dining Room Set in Rich Brown Cherry Finish
Homelegance Delavan Dining Room Set. Subtle influence for the design of the Delavan Collection is drawn from the classic look of Art Deco styling. The flared pedestal table base ascends to support the book-matched veneer tabletop. Oval wood-backed chairs feature a complementary radiant veneer pattern and neutral toned padded seats and backs. The rich brown cherry finish serves to highlight the exquisite look of the collection's wood veneer. The collection is shown with the china and server of Keegan Collection. The china cabinet, which stands at attention, not only functioning as a storage facility for all of your tabletop's finest, but also as the grand centerpiece of this stylish dining offering. For additional storage, or for smaller spaces, the server features wine storage and unique mirror accent that adds a small height to the standard server. Storage features prominently on both pieces.
Delavan Dining Room Set Offer:
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Dining Table: 42.25 x 72 – 90 – 107.5 x 30.25H
Side Chair: 20 x 27 x 39H
Buffet & Hutch: 57.75 x 18.25 x 82.25H
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Server Top with Mirror: 56.25 x 13.5 x 22.5H


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Product Description
Daniel is the songwriter of "God's Not Dead (Like A Lion)" (Newsboys) and is also a worship leader that guides others to a place closer to God while artistically offering creative, bold and fresh worship music.
Format: Audio CD
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The hotel boasts an impressive outdoor pool surrounded by sun terraces, parasols, deckchairs. A Jacuzzi, sauna, hammam and massage rooms are also provided. The hotel's 252 rooms, consist of double, triple, quadruple and junior and family suites that contain a safe deposit box, satellite TV and telephone. The hotel comprises of an indoor pool as well as an outdoor pool, fitness centre, Thalassotherapy centre and two massage booths.
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Fifth Grade Black History Month Worksheets
Fifth graders are starting to understand the complexity of the African diaspora. These fifth grade black history month worksheets help to highlight key events and historical figures who have contributed to black history. These worksheets aren't just for February. Use them all year round to engage students. Try social studies worksheets for more important people, places and things.
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Jazz Greats: Charlie Parker
Celebrate Black History Month by studying the contributions of African-American jazz legend Charlie Parker!
Leaders of the Underground Railroad
The Underground Railroad aided thousands of enslaved Americans on the road to freedom. Students will learn about the leaders of this movement.
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Explore the special vocabulary that applies to the civil rights movement, both the one in our American history and those going on today.
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Get acquainted with some of the most famous Civil Rights leaders in this challenging word search.
Jazz Greats - Thelonious Monk
Celebrate Black History Month by studying the contributions of African-American jazz legends! Thelonius Monk was the first name in the modern jazz movement.
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In this worksheet, read all about Brown vs. Board of Education, a court decision that changed the lives of millions of Americans.
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Learn more about some of the most popular songs of the day and explore what made them anthems of the Civil Rights movement.
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See just how far the African-American community has come by matching more modern heroes with their job description.
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Read this worksheet to learn about the sit-ins of the Civil Rights movement,which served as proof that nonviolence could accomplish great things.
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Introduce your budding musician to an African-American jazz legend, Charles Mingus! She'll read his mini-bio and answer a few trivia questions.
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By the end of the Civil Rights movement, ideas about nonviolence were changing. Read about it, then write your opinion.
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October 12, 2006
TODD DAVIS, PLAINTIFF,v.PENNSYLVANIA DEPARTMENT OF CORRECTIONS; JEFFREY A. BEARD; STATE CORRECTIONAL INSTITUTION AT CHESTER; DR. BENJAMIN ROBINSON; OFFICER TERRA, PRISON HEALTH SERVICES, INC., RE: DOC. #26
Magistrate Judge Hay
AND NOW, this 12th day of October, 2006, after the plaintiff, Todd Davis, filed an action in the above-captioned case, and after a Motion to Dismiss was filed by Defendants, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the motion to dismiss is granted in part and denied in part. It is granted as to all claims against the Department of Corrections and SCI Chester and as well to all official capacity claims against Defendants Beard, Dragovich and Terra, but as to any individual capacity claims against Defendants Beard, Dragovich and Terra, it is denied. It is also granted as to Plaintiff's denial of access to courts claim contained in Count IV and Plaintiff's substantive due process claim contained in Count V of the Amended Complaint. In all other respects, it is denied.
IT IS FURTHER ORDERED that Count IV's denial of access to court's claim and Count V's substantive due process claims are dismissed sua sponte against Defendants Dr. Van Robinson and PHS, Inc.
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Norwich ranked for cybersecurity courses
NORTHFIELD Norwich University was ranked second on a list of schools considered by security practitioners to be the best in the nation for cybersecurity courses and degree programs.
The Ponemon Institute conducted the survey for Hewlett Packard and compiled a list of the best schools from responses by 1,958 security practitioners, 65 percent of whom said they were at the supervisory level.
Participants in the survey were given a list of 403 colleges and told to rank up to five schools in descending order of preference. Respondents then rated each institutions cybersecurity degree program from their perceptions of the colleges academic rigor, faculty quality and other measures.
Obviously, this is a great honor for the University, Norwich chief information security officer Dr. Peter Stephenson said. In an era where conventional wisdom suggests that the next war will be fought in cyberspace, it is completely appropriate that the oldest of the senior military colleges should have a strong cybersecurity focus. I am very proud of our excellent faculty and, especially, our outstanding students.MORE IN This Just InMONTPELIER A new report from a commission that studied the cost, availability and quality of... Full StoryVermont fish hatchery changes focus, looks inland
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Large mammals in captivity
Early look at Wild Animal Park, troubled elephants come to the zoo, China's panda hunter and pandas end up in San Diego, the morality of SeaWorld's dolphins
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On March 17, at the Ocean Beach Jetty, I had just caught a wave that nobody else was close to catching. After my ride, I paddled back to the lineup and another surfer told me, ...
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FILM REVIEW: QUIZ SHOW; Good and Evil in a More Innocent Age
By JANET MASLIN
Published: September 14, 1994
The brilliantly unsettling prologue to "Quiz Show" is a seduction scene in an automobile showroom, with a shiny new Chrysler working its wiles upon a wary young man. The car promises late 1950's-style perfection, but its allure is undercut by an air of sleek unreality and a hint of danger. The salesman looks uneasy. The car's radio mentions Sputnik. The film's soundtrack, delectably sinister, accompanies the opening credits with "Mack the Knife."
"Hey," says the customer, aptly anticipating what will follow. "I thought it used to be the man drove the car. Now the car drives the man."
Confronted by that Chrysler as a symbol of false values and misplaced optimism, the audience faces the most salient aspect of the American dream: that we had to wake up. "Quiz Show," a supremely elegant and thoughtful parable about that awakening, transcends its narrow time frame and resonates with a piercing disillusionment that dates back to the events described here, and has not gone away.
As directed with quietly dazzling acuity by Robert Redford, "Quiz Show" offers a portrait of slipping standards, delicate lies and a sensation-loving public that may genuinely prefer such falsehoods to the truth. "We're going to go right on watching," one fan blithely told Life magazine, even after it had been revealed that rigged quiz shows taxed contestants' acting ability instead of their much-vaunted brainpower.
Greatly surpassing the polite excellence of his past work, Mr. Redford has made a rich, handsome, articulate film about a subject truly worth talking about. He captures the full scope of a fascinating, overlooked story, also adding something of his own. Like Clint Eastwood, Mr. Redford now takes a lifetime's worth of experience as an American icon and uses it as a mirror, reflecting the culture that chose to lionize him. If America's daunting ideas about manhood are what Mr. Eastwood knows best, Mr. Redford understands the adoration and envy accorded its golden boys, its easy winners, including the exemplary one who is his film's fallen hero.
The nominal focus of "Quiz Show" is the patrician, erudite Charles Van Doren (Ralph Fiennes), whose string of canned victories on "Twenty-One" once riveted the nation. He is seen in pointed contrast to the other main characters: Herbert Stempel (John Turturro), the wild-eyed, nontelegenic contestant whom he unseats; Dick Goodwin (Rob Morrow), who investigates the quiz show scandal for Congress, and Mark Van Doren (Paul Scofield), the literary lion whose reputation casts a long shadow over his son.
Charlie is also contrasted with the television talent that winds up shaping his fate, including Jack Barry (Christopher MacDonald), the professionally suave host of "Twenty-One." Glimpsing the authentically refined Charlie for the first time at NBC's offices, Barry asks amazedly, "Why would a guy like that want to be on a quiz show?"
That's the $64,000 question. The film's answer is clearest during a bravura garden party set in Connecticut, where Mark Van Doren's birthday is being celebrated by family and friends. The latter group includes Thomas Merton and Edmund Wilson (presented with perfect casualness by Mr. Redford), and the conversation runs to erudite quips and quotations from Shakespeare. But the young women at the table are more interested in asking Charlie about Dave Garroway, the "Today" show celebrity. And everyone's ears prick up at the mention of Charlie's substantial winnings.
Charlie, enjoying a family supremacy that has not been his before, then presents his father with a television set, something the senior Van Dorens have never owned. Mr. Redford and Paul Attanasio, who wrote the perceptive screenplay, suggest just how easily a television-based culture will sweep this world away.
If Charlie is the film's supposed center, he also poses a dramatic problem. Even without knowing the facts that shape this story, viewers will sense that some figures, who either are dead or cooperated with the film makers, lend themselves to more dramatic license than the reclusive Mr. Van Doren, who has refused to talk about these events and remains out of reach. The film has a fine idea of how the Van Dorens' genteel father-son rivalry might have contributed to Charlie's cheating, but it's barely plausible about the other particulars of his life. (Not mentioned: that he married a woman he had hired to answer fan mail.)
So the role is thin, but Charlie still successfully embodies something Mr. Redford himself has conveyed as an actor: that when golden boys elicit special treatment, they are left with a special sense of failure. "I have flown too high on borrowed wings," Charlie says ultimately, making his extraordinary confession to a Congressional committee. "Everything came too easy. That is why I am here today."
Nothing comes easily for Herbert Stempel, played with such glee and fury by the scene-stealing Mr. Turturro that he becomes the film's most magnetic figure. An improbable television star as the story begins, he wears a look of frenzied disbelief as the quiz show's masterminds throw him overboard. ("I guess the sponsor wants a guy on 'Twenty-One' who looks like he could get a table at '21,' " someone acknowledges early in the story.)


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Small, excitable and able to pull off an innocent naivety with aplomb: character on "Sesame Street" or Jason Schwartzman?
Trick question: now they're one and the same.
The "Bored to Death" star, who sneaks around the streets of New York in a trench coat in Jonathan Ames' HBO show, will now take his act to one of the city's most famed streets with a guest appearance on the PBS series on Friday. It's not just one of those quick stops that many actors make, playing themselves, either; Schwartzman is going all out in a parody of "Iron Chef."
Dressed like a cross between a magician and a marching band leader, he plays Super Chef, an eccentric TV host with a very particular tongue. And because you're by now very, very curious about it, you can check out a preview below.
More:Jason Schwartzman Jason Schwartzman Sesame Street Sesame Street Bored To Death Jason Schwartzman Bored To Death
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book details
books by J.A. Leggitt
Book: Gate's Creek by J.A. Leggitt
|4 stars, 1 review on Amazon
J.A. Leggittabout this book: It was only an accident. The frayed rope, the creek, the water below. It was the feeling of weightlessnes that called to him, the escape from his life. He didn't think about his alcoholic father, the mother he had lost. He didn't think about his sisters, his only two friends in the world. He grabbed the rope in his hands, the rough weave of the fibers, and closed his eyes as he jumped. The snap of the branch brought him back to reality. He was falling. And the branch was trailing him. With no one around to save him, would the mysterious figure in the water be his only hope?
10 Facts about Author J.A. Leggitt
1) She loves small towns.
2) She hates small towns.
3) Her home is surrounded by cornfields in Iowa. So much corn.
4) She was an awkward teenager who lost herself in writing and now writes for awkward teenagers who can lose themselves in her books.
5) She has a passion for young people and often times finds them far more interesting and creative than people her own age.
6) She had a rope swing in her barn growing up. She never fell.
7) She believes in ghosts, especially late at night and sleeps with a cover over her head when her husband isn't there to protect her.
8) She always had a thing for bad boys and went on to marry her own rock star.
9) He works retail now.
10) She loves him the same today as she did when he was shredding on stage.
Love much and read often! -xoxo JA
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Grandma's Cookbook
Kitchen-tested Recipes
Stuffed Pattypan Squash
Cook pattypan squash in boiling salted water to cover 8 to 10 minutes or until tender but still firm. Set aside until cool enough to handle. Cut a 1/2-inch slice from the stem end of each squash. Scoop out the seeds, leaving the shells intact. Place shells in a 9x13-inch pan that has been sprayed with vegetable cooking spray.
Melt the butter in a skillet over medium heat. Sauté the zucchini, yellow squash, onion, thyme and pepper for 2 minutes. Remove from heat, and spoon an equal amount into each pattypan shell. Sprinkle evenly with Parmesan cheese.
Bake at 400°F for 15 minutes.
Makes 6 servings.
Recipe editor Patricia Mitchell
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Welcome to the new DBSTalk community platform. We have recently migrated to a community platform called Xenfono and hope you will find this change to your liking. There are some differences, but for the most part, if you just post and read, that will all be the same. If you have questions, please post them in the Forum Support area. Thanks!
Ditching C31s for H25s - Do I need a new multiswitch?
Discussion in 'DIRECTV Installation/MDU Discussion' started by sangs, Aug 9, 2013.
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Information about websites and blogs for textile artist Karen Griffiths
Skipton, North Yorkshire,...
|Who Am I?
I am a textile artist living and working in the beautiful county of North Yorkshire. I have been making textiles using traditional ragwork techniques for nearly 20 years now. I have also long been a collector of antique rag rugs andregularly write and give talks about the history of rag rug making in Britain and North America.
In 2010 I graduated from the University of Cumbria with an MA (Distinction) in Contemporary Applied Arts and over the two years of the course my artistic practice evolved considerably. I still use recycled textiles and ragwork techniques but now I combine them with more unusual materials and techniques to create purely conceptual work.


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Officially Published
For the last three and a half years, my life has had one constant. Through three different jobs in three different towns in three or four different houses, one thing has always been with me: my book. I first wrote about it on this blog back in June 2013, and at that point I was deep in the initial writing process and feeling pretty confident, even writing that I thought it would be published early the next year (2014). Continue reading Officially Published
Following the Mormon Trail Across Southern Iowa
Last December on the way back to Southwest Iowa, I decided to follow along the approximate route of the Mormon Trail across Southern Iowa, mostly along Highways 2 and 34. I recently published a blog post on the Iowa Tourism Office's blog about this experience and about the Mormon Trail in Iowa. Check it out here: http://blog.traveliowa.com/view-post/Following-the-Mormon-Trail-Across-Southern-Iowa Continue reading Following the Mormon Trail Across Southern Iowa
In Photos: Lake Como, Italy
Photos from around Lake Como, including Como, Bellagio, Varenna, Dongo, and Lenno Continue reading In Photos: Lake Como, Italy
In Photos: Milan, Italy
Photos from Milan, Italy, including the Duomo di Milano, Sforza Castle, Navigli canals, and more. Continue reading In Photos: Milan, Italy
In Photos: Cinque Terre, Italy
In photos: Florence, Italy
Photos from Florence, Italy; September 2014 Continue reading In photos: Florence, Italy
In Photos: Siena, Italy
Photos from Siena, Tuscany, Italy Continue reading In Photos: Siena, Italy


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Butterick 2415
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Butterick 2415; ca. 1943; Women's & Misses' One-Piece Maternity Frock. For the mother-in-waiting, a casual frock with a drawstring waistline that will loosen obligingly. The six-gored skirt has front fulness created by this drawstring treatment. Pockets add interest to the simple blouse. Sleeves in two lengths.
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1631318/900x900/autbcprop-autoloc-trade-bear-claw-door-prop-kit-pair.jpg 1631592/600x600/autbcprop-autoloc-trade-bear-claw-door-prop-kit-pair_1.jpg
Show off you interior !! AutoLoc™ custom door prop rods are amazing for holding your doors open car shows to display that awesome interior without having to worry about the wind blowing your door closed or clumsy people stepping into your car or opening your doors. One end slips over the striker bolt and locks into position, while the other end locks over your latch jaws. For use with rotary type latches only. Featured on several TV shows including Monster Garage, and Pimp My Ride AutoLoc™ kits deliver where all others fails. Insist on the best, and insist on AutoLoc™ and you be glad you did. For more information please go over to http://www.AutoLoc.com
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- Initial Product DescriptionJan 22, 2015 at 10:15 PM
- Started BySuki Hendra
- Last editedJan 22, 2015 at 10:15 PM
- Last contributorSuki Hendra
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- Top ContributorSuki Hendra


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Buffalo Chicken Dip
Barbara Eaton
This comes from a woman in our Corvette Club. We can't wait for her to arrive at a Club potluck, we know she'll bring this dip. Great with crackers or crusty bread.
Featured Pinch Tips Video
- 1 pkg
- cream cheese, softened
- 2-3
- chicken breasts, boneless and skinless
- 1 bottle
- texas pete hot sauce (6 oz)
- 1 jar(s)
- marie's blue cheese dressing
- 1 pkg
- shredded monterrey jack cheese (large size)
Directions Step-By-Step
1Spread cream cheese in the bottom of an 8 x 8 glass baking dish
2Spread shredded chicken all over the creamed cheese, covering completely
3Shake the hot sauce and pour over the chicken to taste (I use an entire bottle, but I like things spicy)
4Cover with Blue Cheese dressing and top with cheese
5Bake in a 325 degree oven until bubbly. About 20 minutes.
6Serve with corn chips, Tostitos, or crusty bread.
About this Recipe
Course/Dish: Dips, Poultry Appetizers


text: Home Gallery Print (image) Louis Vuitton Gorbachev Louis Vuitton: Gorbachev The upside-down headline on Gorbachev's magazine reads: "Litvinenko's Murder — They Wanted to Give Up a Suspect for $7,000." Published on Oct 15, 2007 Editor's Pick The upside-down headline on Gorbachev's magazine reads: "Litvinenko's Murder — They Wanted to Give Up a Suspect for $7,000." Rate this Ad You must be registered to rate the ad. Please Login or Register Now About CreditsDateOct 15, 2007Client:Louis VuittonAgency:Ogilvy & Mather ParisCreative Director:Christian ReuillyArt Director:Antoaneta MetchanovaCopywriter:Edgard MontjeanPhotographer:Annie LeibovitzArt Buyer:Laurence Nahmias Latest Creativity News on Ad Age Lady Gaga Dances to Her Own Tune in Bud Light Ad TBWA/Media Arts Lab Names Brent Anderson Chief Creative Officer Creative Hires at McCann London, BBH, Cutwater Advertisement Ad Age Reports Partner White Paper 7 Tips for Keeping Your Creative Team Inspired Beat the creative slump with this informative guide which includes great advice on how to keep your team positive, productive and inspired. Brought to you by Shutterstock Premier. Learn more Related work Louis Vuitton: 'Invitation au Voyage - Venice Film from Louis Vuitton with David (Director's Cut) Louis Vuitton: L'invitation Au Voyage Director's Cut Louis Vuitton: L'Invitation Au Voyage Want to see your work in our gallery? Submit now


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£219,950 Guide Price
Robert at REMAX presents.....Quietly located in this prime residential central Southerton area of the town, close to many local amenities and within a good schools catchment area. This 3 bedroom (2 lower and 1 upper) detached chalet bungalow also has a lounge, dining room, modern kitchen and lower bathroom. Front and rear terraced gardens with side driveway to the garage. Gas central heating and double glazing. Early entry possible. Convenient for schools,park,golf,rugby and tennis clubs so location location location is the key to this property.....! It would benefit from some upgrading to become a superb home for its new owners ....dont miss ! early entry possible too......no chain
The entrance vestibule has a modern main door, tiled flooring, central lighting, ceiling coving and a glass panel door to the hall.
The hall has central lighting, radiator, carpeted flooring, stair cupboard to the upper level and phone point.
Lounge - 13' 0'' x 16' 2'' (3.97m x 4.94m)
The front lounge has a window to the front, carpeted flooring, ceiling coving, central lighting, feature fireplace and radiator.
Family Room - 15' 10'' x 13' 1'' (4.82m x 4.00m)
The front family room has a window to the front, laminated flooring, feature fireplace, TV point, central lighting, ceiling coving and radiator.
Dining Kitchen - 9' 1'' x 17' 11'' (2.76m x 5.47m)
The dining kitchen has a window to the rear, a window to the side and a door to the side driveway. Wall and floor units, stainless steel sink, fully tiled, integrated hob oven and hood, space for washing machine and fridge freezer.
Lower Bedroom One - 10' 9'' x 14' 8'' (3.28m x 4.47m)
This bedroom has a window to the rear, carpeted flooring, radiator, central lighting, ceiling coving.
Lower Bedroom Two - 10' 8'' x 11' 10'' (3.26m x 3.61m)
This bedroom has a window to the rear, carpeted flooring, radiator, central lighting and ceiling coving.
Lower Bathroom - 5' 4'' x 8' 2'' (1.63m x 2.49m)
The bathroom has a window to the rear, vinyl flooring, three-piece suite, shower over bath, tiled around the bath, central lighting, radiator and towel rail.
Upper Bedroom Three - 12' 6'' x 14' 4'' (3.80m x 4.36m)
This spacious upper bedroom has a window to the front, carpeted flooring, two storage cupboards, central lighting and radiator.
Front Garden
The front garden has a side driveway to the garage, which has power and light, and stairs to the front main door.
Rear Garden
The rear garden is laid to lawn, shrubbed , is enclosed and has a greenhouse.
This house description is based upon information supplied by the owner, or on behalf of the owner. These property particulars are produced in good faith and do not constitute or form part of any contract. s1homes do not take any responsibility for the accuracy of the information contained in this document.
If a property value displays '0', don't worry it just means no properties have been sold in that area during that time.
Sold house price data is supplied to us by the Registers of Scotland, a government department responsible for compiling and maintaining property registers, every month. There can be a delay of up to 3 months from when a property is sold to being recorded with Registers of Scotland. We provide house price data for your information only, we do not accept any liability for any errors. If you have noticed any incorrect information, please contact Registers of Scotland.


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(LOS ANGELES, CA) -- The Association of Sites Advocating Child Protection (ASACP) was in Washington D.C. last week participating in the semi- annual meeting of the Financial Coalition Against Child Pornography. ASACP's Efforts Help Stop CP Criminals from Abusing the Adult Industry.
The Financial Coalition Against Child Pornography (FCACP) is a group of the worlds most prominent financial institutions, internet industry leaders, and child protection agencies working together with the shared goal to eliminate commercial child pornography. Founding members of the coalition include AOL, American Express, Bank of America, Chase, Citigroup, Discover, Visa, Wells Fargo, and Yahoo among others.
ASACP Director of Technology and Forensic Research Tim Henning traveled to Washington, D.C. For the June 18 meeting of the coalition. Henning participated in one of the FCACPs working groups.
On the agenda was a discussion of accomplishments, challenges, and the international efforts to fight child exploitation.
''Child pornography is a very profitable enterprise for criminals, which is why the Financial Coalition Against Child Pornography was created in order to stop the flow of money from CP,'' stated Henning. ''We are definitely making important strides in stopping the child pornography distribution network from using adult sites as a means to obtain money via credit cards. In 2003, ASACP was able to implement a very robust technical infrastructure. This in turn made ASACP more advanced in its capacity to alert sponsors and members if their sites are being abused by illegal affiliates that sell CP. In combination with ASACPs child pornography reporting hotline and the diligence and support of the adult industry, we are making things very difficult for criminals trying to profit off of commercial child pornography, 90% of which comes from Eastern European Bloc countries. It is very important for the adult industry to remain vigilant in its fight against the sexual exploitation of children; however, by working together we are making significant progress.''
Founded in 1996, the Association of Sites Advocating Child Protection (ASACP) is a non-profit organization dedicated to eliminating child pornography from the Internet. ASACP also works to help parents prevent children from viewing age- inappropriate material online with its Restricted to Adults Website Label. Companies and individuals interested in supporting ASACP may go to www.ASACP.org for more information on how to get involved.
Joan Irvine, ASACP
Tel: 323 965 1400
E-mail: firstname.lastname@example.com
Website: www.ASACP.org
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Takedown Piracy Removes 10,000,000
Three Stooges Porn Controversy
Lords of Acid Censored
Nate Glass on CNBC


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Advanced Materials
Explore this journal >
Chitosan Films Doped with Gold Nanorods as Laser-Activatable Hybrid Bioadhesives
Biocompatible chitosan/gold nanorods films are fabricated and tested as laser-activatable adhesives. When exposed to near-infrared laser light the nanoparticles carry out efficient photothermal conversion, which activates the polar groups of chitosan strands and mediates functional adhesion with a biological tissue. This technology may enable a number of key applications in medicine including tissue repair, wound dressing and drug delivery.


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cheap golf clubs
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