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Tag Archives: Berkeley JazzSchool
Susan Brand: Jazz in your head; Larry Ochs, Eric Van James
At the age of 50, with her children safely out of the house and enrolled in college, Berkeley psychologist Susan Brand decided to pursue a longtime dream of learning to play jazz piano. She knew it wouldn't be easy, "but I had no idea how difficult it was going to be," she says. "It's been a steep learning curve ever since then."
She discovered the Jazzschool in its first incarnation when it was located above La Note restaurant on Shattuck and quickly immersed herself in the jazz tradition. Before long she began to see profound connections between the interplay between musicians in a combo and the give and take that characterizes a successful therapy session, connections she'll explore in a public talk on Monday, noon-1:30 p.m. at the Alta Bates Herrick Campus in the Malfoy Room, "Jazz and Psychotherapy: An Exploration of Discipline and Freedom." … Continue reading »
Audrey Martin: A dream fulfilled, plus more Berkeley gigs
On her 40th birthday Audrey Martin decided to sing. As a marriage and family therapist, she had spent years helping other people work through traumas, resolve deep-seated conflicts, and discover their true selves. Along the way she had set aside her adolescent ambition for a life in music, a sublimated dream that resurfaced with her midlife milestone. Martin's long and winding creative journey resulted in the captivating debut album Living Room (full disclosure: I wrote the liner notes). She celebrates the CD's release Sunday afternoon at Berkeley's California Jazz Conservatory, which played an essential role in her musical education.
"This is the culmination of 17 years of planning and effort at learning the art of jazz and bringing together music that I've wanted to perform and record," says Martin, a Berkeley resident since 1998. "It also represents an integration of my musical self and my life as a psychotherapist." … Continue reading »
Kavita Shah: Bringing a world of jazz to Berkeley
If Kavita Shah had stuck to her usual morning ritual, she would have missed the fateful subway ride that changed the course of her life. For some reason, instead of hustling down the stairs to catch the train to her job at Human Rights Watch in midtown Manhattan, she decided to wait for the next train. When it arrived, and the doors opened, she immediately recognized Sheila Jordan, the extraordinary jazz singer who has served as den mother to a diverse array of aspiring vocalists for more than four decades.
"I wouldn't be here if not for Sheila," said Shah, a rising New York vocalist who makes her Bay Area debut Saturday at San Francisco's Red Poppy Art House, and Sunday afternoon at Berkeley's California Jazz Conservatory (formerly the Jazzschool).
The American-born daughter of Indian immigrants, Shah recently released an enthralling debut album Visions on Greg Osby's Inner Circle Music, a label that has launched some of the most interesting jazz artists of the 21st century. Produced by Benin-born guitar star Lionel Loueke (heard recently at the SFJAZZ Center with Herbie Hancock), the album features her singular synthesis of jazz, Afro-Brazilian, West African, and Hindustani music. … Continue reading »
Smith Dobson V, Friends with Benefits, play Berkeley
Contrary to what it might seem, the Roman numeral in Smith Dobson V's name doesn't mean there are five guys with the same moniker playing music around the region.
Rather, his daunting facility on drums, vibes, and alto and tenor saxophones means he can be found in any number of situations, including Friday at the California Jazz Conservatory (formerly the Jazzschool) with Friends with Benefits, a collective quartet featuring the masterly Berkeley clarinetist Ben Goldberg, bassist Doug Stuart and pianist Michael Coleman. For that band Dobson plays alto and tenor sax.
Dobson holds down a regular Tuesday night gig at Club Deluxe in the Haight playing tenor with a formidable quartet, and then returns on Wednesdays as a drummer with top-shelf saxophonist/composer Patrick Wolff. On May 10 he'll be holding down the drum chair at the Sound Room with Berkeley-raised trumpeter Erik Jekabson's New Orleans Quintet, a different band than the one featured on Jekabson's album Live at the Hillside Club with the superlative rhythm section of Dobson, bassist John Wiitala, and percussion great John Santos. … Continue reading »
Erik Jekabson Quintet in Berkeley: Let the good times roll
Normally, lightning striking twice in the Berkeley Hills would be a cause for concern, but when trumpeter Erik Jekabson is the force responsible for the conflagration, it's an invitation to let the good times roll.
The Berkeley High alum wasn't expecting to record a live album when he brought his talent-laden quintet featuring percussion star John Santos to the Hillside Club back in 2011. Thrilled at the opportunity to collaborate with Santos, he wrote and arranged a passel of new music, and when he listened to the recording of the concert months later he was so pleased that decided to make it available on the CD Live at the Hillside Club.
Featuring bassist John Wiitala, drummer Smith Dobson V, and pianist Grant Levin, Jekabson's quintet returns to the intimate venue Saturday to celebrate the new album's release (the group also plays the Jazzschool on April 18).
A grant from San Francisco Friends of Chamber Music helped Jekabson pay the musicians a recording session rate, but he hails the Hillside Club's music director Bruce Koball with making the CD possible by putting in many hours of post-production work. … Continue reading »
The Best Songs In Life Are Free, With Kim Nalley
By aesthetic, academic and cultural inclination, Kim Nalley is ideally suited for presenting "Freedom Songs," a program at the Jazzschool on Sunday afternoon tracing the role of music in the long African-American struggle for liberty and human rights. A supremely soulful jazz singer who's equally versed in the blues, Nalley is also a doctoral student in history at U.C. Berkeley focusing on American ex-pat musicians in post-war West Germany.
As landmark anniversaries of events in Civil Rights movement arise, she's often been asked to offer musical insight, like at the Martin Luther King, Jr. Research and Education Institute's commemoration of the 1963 March on Washington last year, where she also served as musical director. For Sunday's Jazzschool program, Nalley is taking an encompassing view, drawing connections between familiar Civil Rights anthems and earlier resistance movements. … Continue reading »
Tagged Berkeley JazzSchool, Berkeley music, Kim Nalley
Foolish Hearts: Peter Eldridge and Matt Aronoff
As a vocalist and composer who has forged an intoxicating jazz-steeped sound that draws on R&B, pop and Brazilian music, Peter Eldridge is best known for keeping company with other singers.
A founding member of the vocal quartet New York Voices, he's also a part of the all-star vocal ensemble Moss, which features Luciana Souza, Kate McGarry, Theo Bleckmann, and Lauren Kinhan (a fellow New York Voice). For his performance Saturday at 8 p.m. at the Jazzschool, Eldridge changes gears, performing in a stripped down duo Foolish Hearts with bassist Matt Aronoff that couldn't be more different from his cooperative vocal ventures.
"That's one of the reasons I'm enjoying this so much." Eldridge says. "In Moss and New York Voices you get to be a kid in a candy store with all these people offering all these colors. What's fun about the duo is how intimate it is. It's all about seeing how little you can get away with and still have the music be transcendent, having all that space and seeing how effective that can be." … Continue reading »
The return of vocalist extraordinaire Rhiannon
Whether she's improvising fearlessly on stage, teaching a master class, or raising organic produce on her farm in Hawaii, Rhiannon wants to change the world.
A legendary figure among vocalists who helped found Bobby McFerrin's Voicestra, the former Berkeley resident returns for an all too infrequent run of engagements over the coming week, an array of events that offer rare insight into this singular and widely influential artist. On Saturday she celebrates the release of her memoir Vocal River at the Jazzschool with a discussion and performance (she also teaches a Jazzschool master class Sunday morning). On Monday she's performing at the Jazzschool's 5th Annual Mark Murphy Scholarship Concert, joining a glittering cast of jazz vocalists at Yoshi's including Clairdee, Nicholas Bearde, Jackie Ryan and Laurie Antonioli. And on Nov. 25 she performs at Freight & Salvage with the WeBe3, an improvisational vocal trio with Joey Blake and David Worm. … Continue reading »
Lorin Benedict scats and the Berkeley Festival of Choro
From a late blooming jazz musician to a versatile flutist besotted with Brazilian music, here are two tales of very different, but equally intense creative sojourns.
Describing Oakland's Lorin Benedict as a scat singer is kind of like calling Sherlock Holmes a detective. It's accurate as far as it goes, but doesn't begin to capture the singular nature of his achievement. Over the past decade, Benedict has crafted an uncanny vocal style employing words and phrases that can easily be mistaken for English, but in fact are entirely of his own invention. At first encounter, he often inspires double takes, followed by slack-jawed amazement at the exuberant but rigorous musicality of his performance.
Benedict performs two shows on Sunday, playing an afternoon Jazzschool gig with the long-running collective trio The Holly Martins featuring saxophonist Kasey Knudsen and Berkeley guitarist Eric Vogler, and an evening Berkeley Arts Festival show introducing a new collective trio with Knudsen and Berkeley clarinet master Ben Goldberg. … Continue reading »
Saxophonist Steve Heckman gets off the Trane track
For much of his career, Oakland saxophonist Steve Heckman has worshipped at the altar of John Coltrane, with every gig a veritable quest to attain the spiritually charged intensity that defined Trane's epochal recordings of the early 1960s. He left no doubt about his mission with first two albums, 2003's With John In Mind and 2005's Live at Yoshi's. But his new CD, Born To Be Blue, finds Heckman in a more lyrical state of mind, focusing on American Songbook standards like Berlin's "How Deep Is the Ocean," Van Heusen's "I Thought About You," and Schwartz's "Alone Together."
He celebrates the album's release Saturday at the Jazzschool with a stellar Bay Area band featuring guitarist Terrence Brewer, bassist Aaron Germain, drummer Bryan Bowman, and tenor saxophonist Rob Roth. Heckman credits his new direction on Born To Be Blue to his collaboration with guitar ace Howard Alden, which evolved out of a casual evening of jamming after a dinner party at a friend's house in New York. When Alden came through the Bay Area several months later for a series of gigs they cemented the budding friendship at Fantasy Studios, with the guitarist's beautifully calibrated phrasing inspiring a more lithe and relaxed sound from Heckman. … Continue reading »
Sundays On Telegraph start slow, but show potential
After low turnouts at the first three Sundays on Telegraph events, organizers hope that better weather and increased awareness will draw bigger crowds in the coming weeks.
"It's a work in progress," said Janet Klein, who serves as coordinator and liaison between the Telegraph Business Improvement District and the office of Mayor Tom Bates.
Sundays on Telegraph, or SoTelegraph, is a new weekly street fair that closes off two blocks of Telegraph Avenue, from Durant Avenue to Haste Street. The original plan was that from 11 a.m. to 6 p.m. every Sunday from June 9 through September 27, music, activities and weekend strollers would be free to take over the neighborhood. It is an attempt by the City of Berkeley to revamp the area as a cultural destination — one of many ideas that have been proposed over the years — particularly during the time of year when most UC Berkeley students have left town.
But the program did not have a particularly inspired start. … Continue reading »
Tagged Annapurna, Berkeley JazzSchool, Bill's Footwear, Fat Slice Pizza, Gordo Taqueria, Kriss Worthington, Mayor Tom Bates, Pappy's Grill, Southside Berkeley, Sundays on Telegraph, Telegraph Avenue, Telegraph Avenue Holiday Street Fair, Telegraph Business Improvement District, Telegraph Restaurant Assocation
The Six String Season / BHS jazz at Ashkenaz today
Most guitar quartets are highly rehearsed ensembles devoted to a repertoire of intricately arranged material. Seasons is something very different. Balancing searching improvisation with exquisite through-composed passages, the ensemble brings together four brilliant, versatile, and accomplished composers and bandleaders with Anthony Wilson and Larry Koonse from Los Angeles, São Paulo's Chico Pinheiro, and New York City's Julian Lage. The group performs Friday at the Jazzschool as part of a California tour, a tricky undertaking for a group with so many divergent musical commitments.
The son of legendary Los Angeles bandleader and composer Gerald Wilson (who's still active at 94), Anthony Wilson has spent the past dozen years accompanying Diana Krall (and performing and recording with a diverse array of artists when the vocalist is on break, including Paul McCartney, Willie Nelson, Bobby Hutcherson, Barbra Streisand, Madeleine Peyroux, and Aaron Neville). But before Krall became his primary commitment, Wilson had established himself as a savvy bandleader and inventive composer with a series of acclaimed nonet albums. … Continue reading »
Kai Eckhardt's zeitgeist: Berkeley bassist plays home
Kai Eckhardt is recognized internationally as one of jazz's most prodigious electric bassists, but few people know the extraordinary sojourn that brought him to Berkeley.
He was born in the Rhineland to a Liberian father and West German mother who settled in Monrovia after fleeing her homeland as an outcast due to having a mixed-race child. Eckhardt returned to Germany by himself at the age of 10, taken in by a foster family, and was already an acclaimed artist when he came to the United States to study at Boston's Berklee College of Music, which is where guitar legend John McLaughlin recruited him for his expansive trio with Indian percussionist Trilok Gurtu.
It's not surprising that Eckhardt's new band Zeitgeist, which performs Friday at the Jazzschool, reflects his global aesthetic. The ensemble has spent the past 18 months playing low-profile gigs and honing a repertoire of intricate original tunes while gradually peeling off personnel. These days Zeitgeist is a world-fusion quartet featuring Eckhardt on bass and vocals, Egyptian-born keyboardist Osam Ezzeldin, El Cerrito High alum Deszon Claiborne on drums, and Australian guitarist Chris Robinson, who's now based in Benicia.
… Continue reading »


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Woody's Topless Bar is a strip club and restaurant located in the Red Light District, Portland Island, Liberty City, in Grand Theft Auto III and Grand Theft Auto: Liberty City Stories.
The bar has been in the Red Light District for an unknown time period, but at least since 1992, as it makes a brief cameo during The Introduction of Grand Theft Auto: San Andreas, in a scene where Carl Johnson is attempting to carjack. The bar is directly across the street from Luigi's Sex Club 7, known as Paulie's Revue Bar in 1998. The bar is one of the destinations that pedestrians go to when doing the taxi side mission on Portland Island. The bar is inaccessible to the player, but the roof of the building can be used as a vantage point in Sayonara Salvatore. Signage outside the building suggests it offers 24-hour orgys and a free buffet to costumers.
- The name of the bar likely derives from the term "wood", a slang term for an erection. However, it's name appears to be most likely derived from the signage of the building being made of wood.

subset: commoncrawl


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WebBrowserControl.OnNavigateError Property (Access)
Office 2010
Gets or sets the value of the On Navigate Error box in the property sheet os a Web Browser control. Read/write String.
This property is helpful for programmatically changing the action Microsoft Access takes when an event is triggered. For example, between event calls you may want to change an expression's parameters, or switch from an event procedure to an expression or macro, depending on the circumstances under which the event was triggered.


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In my February 2011 article "How to Play Expected Inflation from the TIPS Spread," I wrote I was long SPY as one way to benefit from expected inflation. "I also believe it is a good time to own equities including SPY, the exchange traded fund for the S&P 500, for both inflation protection and income."
I have been correct to recommend SPY here on Seeking Alpha for the past few years despite ECRI's fears of a recession. This week SPY adjusted for dividends made another new record all-time high. The raw index remains below its high set over five years ago at the peak of the last bull market.
Chart 1 Showing SPY Adjusted for Reinvested Dividends.
On Friday, January 25, 2012, the Economic Cycle Research Institute (ECRI), a New York-based independent forecasting group, released its latest readings for its proprietary Weekly Leading Index (WLI). In the latest release, ECRI's WLI surged again to a 92-week high.
ECRI's website continues to say we are in a recession. A December 22 summary says, "While some have argued that the weakness in the job market and the overall economy can be countered with central bank intervention ... all the Fed's helicopters and all the Fed's men can put the economy back together again."
For the week ending January 18, 2013:
- WLI rose to 130.6, up from the prior week's reading of 130.4.
- The lowest reading for WLI on record was 105.3 for the week ending March 6, 2009.
- WLI growth surged to a positive 7.2%, up from last week's reading of positive 6.1%. WLI growth has not been at or above 7.2% for 89 weeks since April 15, 2011.
- The lowest reading for WLI growth on record was negative 29.9% on Dec. 5, 2008. It turned higher months before the stock market bottomed on March 6, 2009, at 666.79.
- Occasionally the WLI level and growth rate can move in different directions, because the latter is derived from a four-week moving average.
Chart 2
Annual WLI growth: Based on a simple, year-over-year annualized basis, annual WLI growth is at a 15 week high of 6.3%.
The next chart below shows ECRI's reported WLI growth rate, which is derived from a four-week moving average.
Chart 3
If ECRI is correct that we are currently in a recession, would it be one of the 20% of recessions that come without a bear market in stocks? ECRI's managing director, Lakshman Achuthan, said, "In three of last 15 recessions there was no bear market, 1980, 1945 and 1926-27. (The) 1980 recession was really short, '45 was end of WWII and '26-'27 was Roaring Twenties."
Does SPY Lead WLI or Does WLI Lead SPY?
At the current price of $149.75, SPY is above the 2000 and 2007 bull market highs after accounting for reinvested dividends (see chart 1 above).
Since ECRI releases WLI numbers for the prior week, and the stock market is known in real time, you can sometimes get a clue for next week's WLI from the weekly change in the S&P 500 or its exchange-traded fund, SPY. But this is not always the case. Specifically, in the lead up to the last two recessions, the WLI turned down months before the stock market did.
Is WLI moving up predicting higher prices for SPY in the weeks ahead?
In my January 4, 2013, SPY/WLI article "SPY Adjusted For Dividends At Record High While ECRI's WLI Falls," I wrote, "This big move in the markets should push WLI higher next week, perhaps to another multi month high." It should be no surprise that as the stock market moves higher, WLI has followed.
Chart 5: S&P 500 vs. ECRI's WLI Click to enlarge
(Note, I would plot SPY vs. WLI, but I don't have the data in my spreadsheet going back as far since I only started trading SPY in early 2007.)
Over the next 10 years, I expect the S&P 500 will keep up with inflation and the dividend it pays should grow with or even exceed inflation. An added benefit to owning equities is that the dividends and capital gains currently get favorable tax treatment. Finally, Treasury rates are artificially low (see Current U.S. Treasury Rates at a Glance) giving all bond funds significant interest rate risk.
I was asked in my Facebook group, "Investing for the Long Term," why I own SPY: "I'm confused; if the ECRI is projecting a recession, why are you long SPY? Is it a market timing strategy?" My answer was:
I don't believe in "all or nothing" market timing. I explain it more in my newsletter, but I'll adjust my allocation to stocks based on many things including ECRI's outlook. My last two moves for SPY was to sell SOME shares earlier this year when higher and buy them back on June 4, 2012 at $127.50 using "Auto Buy and Sell targets" in my monthly newsletter. Hope that helps. (Seeking Alpha requires its writers to disclose if we hold a position. Thus, I would report I was long SPY even if SPY was only 1% of the portfolio with the other 99% in cash.)
In the comments section of my article, "GDP Rises To 2% And ECRI WLI Growth Positive, But ECRI Still With Recession Call," ECRI's Chief Operating Officer, Lakshman Achuthan, posted more information about why they have stayed with their recession call:
"Yes, U.S. GDP is still rising, but that doesn't mean we've dodged a new recession. Sound surprising? What most people don't understand is that recessions often begin when gross domestic product is still showing positive growth."
In their "The Tell-Tale Chart" article, ECRI wrote,
"Reviewing the indicators used to officially decide U.S. recession dates, it looks like the recession began around July 2012. This is because, in retrospect, three of those four coincident indicators - the broad measures of production, income, employment and sales - saw their high points in July (vertical red line in chart), with only employment still rising." And "so, what does this recession mean for people? The bottom line is that production, income and sales will keep trending down for now, and employment too is likely to turn down. "
I should note that on December 20, the government revised Q3-2012 GDP higher from 2.7% in November to 3.1%. It will take a very large negative revision next year to show an official recession began in July as ECRI claims.
Deficit spending is adding significantly to GDP. (See my Seeking Alpha article "SPY Soars As U.S. Borrows 32.2 Cents Of Every Dollar Spent In Fiscal 2013.") ECRI clearly stated that they believed no amount of Fed accommodation will prevent a recession so it will be interesting to see if they are right when we get revisions for Q3-2012 GDP later this month.
What Does The Future Hold?
The S&P 500 is up 1.6% for the week with SPY at $149.75 so the market will help WLI move higher next week. It is very possible that SPY and several of the stocks in my newsletter explore portfolio that lead out of recessions have bottomed and are pointing to an economic recovery even before most economists agree with ECRI that we are currently in a recession. On the flip-side, if Congress fails to reach an agreement on the debt ceiling and the government shuts down, we could still get a recession making this the last opportunity to get out of SPY or take profits at levels above the last bull market high. What do you think?
- I trade SPY around core positions in my newsletter's "Explore Portfolio" and with my personal account. For both, I last added shares at $127.50 in June 2012 and I took profits on 1/18/13 at $147.55. With dividends reinvested, my explore portfolio holds 129.565 shares of SPY with a "break-even" price of $105.18.
- Occasionally, the WLI level and growth rate can move in different directions because the latter is derived from a four-week moving average.
- ECRI uses the WLI level and WLI growth rate to help predict turns in the business cycle and growth rate cycle, respectively. Those target cycles are not the same as GDP level or growth, but rather a set of coincident indicators (including production, employment income and sales) that make up the coincident index. Based on two additional decades of data not available to the general public, there are a couple of occasions (in 1951 and 1966) when WLI growth fell well below negative 10, but no recessions resulted (although there were clear growth slowdowns).
- For a better understanding of ECRI's indicators, read its book, "Beating the Business Cycle."
- SPY is the exchange traded fund for the S&P 500 Index.
- VTI is Vanguard's "Total Stock Market" exchange traded fund.
- VOO is Vanguard's new exchange traded fund that tracks the S&P 500 Index. It is a lower cost alternative to SPY. I own and write about SPY, as I have many years of data for it, but VOO could do slightly better than SPY over time because it has a lower expense ratio.
Disclosure: I am long SPY and own the traditional index fund versions of VTI and VOO bought long ago in various taxable and tax deferred accounts. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article.
Disclosure: I am long SPY. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article.


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Jio Not A Punt, Well Thought-Out Decision: Mukesh Ambani On Off The Cuff
Oct 18, 2016
"I Don't Choose Films, They Choose Me"
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India's Top Exports to Hollywood
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Where Is Mumbai's $29 Billion Family? Flat Empty, Neighbours Clueless
Mumbai News | Asif Rizvi, mid-day.com | Monday December 5, 2016
One would assume that after declaring their Rs 2 lakh crore net worth in IDS, the Sayeds would be a well-known name in Bandra's social circles, but even their neighbours haven't seen them
Will We See Freida Pinto in a Hindi Film? Here's What She Says
Tuesday November 22, 2016
"I have no problem working in Hindi language films. In fact, I worked in a half Marwari film Trishna when I couldn't even speak the language. I had to learn it," she said. The thing is not that who is in the film. It's the story which is important for me," Freida Pinto said. Freida was recently speaking at an event where Google unveiled virt...
Indian-Origin Millionaire Wins In Australian Local Council Elections
Indians Abroad | Press Trust of India | Wednesday November 2, 2016
For the second time in a row, Indian-origin millionaire Intaj Khan has won the local council elections from the Wyndham suburb of Australia's Victoria state.
Pak-Origin Undercover Reporter Jailed For Misleading UK Court
World News | Press Trust of India | Friday October 21, 2016
A Pakistani-origin undercover reporter, who became infamous as the 'Fake Sheikh' after posing as a Saudi millionaire for a series of sting operations over the years, was today sentenced to 15 months in prison for tampering with court evidence.
Amitabh Bachchan May Be Part Of Oscar-Winner Resul Pookutty's Film
Press Trust of India | Wednesday October 5, 2016
"I approached Bachchan sir. He read it and liked it. I am just waiting for his date at one level. Everything is shaping up well," said Resul
Income Inequality: India Second Most 'Unequal' Country, Says Report
Press Trust of India | Sunday September 4, 2016
India is the second most 'unequal' nation in the world where millionaires, or those with net assets of $1 million or more, control over half of its total wealth, according to a report by wealth research firm New World Wealth.
German Internet Millionaire Dies In Plane Crash
World News | Agence France-Presse | Friday July 15, 2016
Four Germans were killed in Slovenia on Thursday when their small plane crashed, local police said, with internet millionnaire Thomas Wagner confirmed as being among them.
India Home To 2,36,000 Millionaires, To Touch 5,54,000 By 2025
India News | Press Trust of India | Tuesday July 12, 2016
The number of millionaires in India is growing strongly and at the end of 2015 around 2,36,000 high net worth individuals were living in the country, with a combined wealth of $1.5 trillion, says a report.
How Millionaires Under 40 Manage Their Money
Jonnelle Marte, The Washington Post | Wednesday July 6, 2016
A report released last month by Capgemini Consulting showed some interesting trends in the strategies young millionaires use to manage their money.
Malala Yousafzai Becomes Millionaire With Book Sales, Lectures
World News | Press Trust of India | Wednesday June 29, 2016
Nobel Laureate Malala Yousafzai and her family have become millionaires as a result of income from her memoir describing life under Taliban rule in Pakistan's picturesque Swat valley and appearances on the lecture circuit around the world.
London Mayor Appoints Indian-Origin Millionaire As Deputy
Indians Abroad | Press Trust of India | Wednesday June 29, 2016
London's Pakistan-origin mayor Sadiq Khan today announced an India-born millionaire as his deputy for business to champion the city's financial interests amid the fall-out of the EU referendum.
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June 11, 2009
LARRY WASHINGTON AND JENNIFER A. JENKINS, PLAINTIFFS,v.CITY OF SPRINGFIELD, ET AL., DEFENDANTS.
This matter comes before the Court on: (1) Defendant Paul Carpenter's Motion for Summary Judgment (d/e 174) (Carpenter Motion); (2) Defendant James Graham's Motion for Summary Judgment (d/e 175) (Graham Motion); (3) Defendants City of Springfield, Welsh, Wooldridge, and Rouse's Motion for Summary Judgment (d/e 172) (City Motion); and Defendant Rickey Davis' Motion for Summary Judgment (d/e 176) (Davis Motion). For the reasons set forth below, the Davis Motion is ALLOWED; the City Motion is ALLOWED in part and DENIED in part; the Carpenter Motion is DENIED, and the Graham Motion is DENIED.
In March 2005, the individual Defendants were all police officers employed by the Springfield, Illinois, Police Department (Department). William Rouse was Deputy Chief of Police. Rickey Davis was a Lieutenant. Defendants Paul Carpenter, James Graham, S. Welsh, and J.T. Wooldridge were detectives. Rouse was in charge of Criminal Investigations. Defendants Carpenter, Graham, Welsh and Wooldridge were assigned to Criminal Investigations.
In March 2005, Plaintiffs Larry Washington and Jennifer Jenkins lived at 1429 Guemes Court, Springfield, Illinois (Residence). Washington was a convicted drug dealer and a former member of a gang called the Vice Lords. Defendants' Exhibits (d/e 178) (Defendants' Exhibit), Exhibit 2, Deposition of Larry Washington (Washington Deposition), at 50. Graham stated in his deposition that on March 15, 2005, he had a conversation with Alcohol, Tobacco, and Firearm (ATF) Agent John Carpenter about Washington's possible connection to a homicide investigation. Defendants' Exhibit 1, Deposition of James Graham (Graham Deposition), at 81. John Carpenter did not recall any such conversation and was not aware of any ongoing investigation involving Washington.*fn1 Defendants' Exhibit 5, Deposition of John Carpenter (John Carpenter Deposition), at 50. Defendant Carpenter stated that on March 15, 2005, he and Graham drove by the Residence and Graham pointed out Washington to Carpenter. Defendants' Exhibit 4, Deposition of Paul Carpenter (Carpenter Deposition), at 72. Graham agreed that the two of them drove past the Residence that day. Graham stated initially in his deposition that he did not recall seeing Washington at that time, but later in his deposition, stated that he saw Washington at that time. Graham Deposition, at 55, 86.
Graham stated that on the morning of March 16, 2005, Carpenter told Graham that he had observed a trash can at the curb outside the Residence. Graham Deposition, at 49. Graham removed the trash from the can in front of the Residence. Graham then took the trash to a different location where Graham and Carpenter searched the trash. Id., at 53. This type of search is referred to as a "trash pull" or "trash rip." See Graham Deposition, at 32. Springfield Police Chief Donald Kliment had issued an order not to perform trash rip searches. Defendants' Exhibit 15, Deposition of Donald Kliment (Kliment Deposition), at 21-23, 55-56. Graham and Carpenter stated that they were not aware of any such order. Graham Deposition, at 166-67; Carpenter Deposition, at 63. Carpenter stated that the trash rip search at the Residence occurred at 7:45 a.m. Carpenter Deposition, at 84. Graham stated that the search occurred at 8:30 a.m. Graham Deposition, at 51. Graham's written report on the trash rip search stated that the trash rip search occurred at 10:00 a.m. Plaintiffs' Memorandum of Law in Response to Defendant Carpenter's Motion for Summary Judgment (d/e 192), attached Plaintiffs' Exhibits (Plaintiffs' Exhibit), Exhibit J, Police Report dated March 21, 2005 (Police Report). According to Graham, the "10:00 a.m." time on the report reflected the time on March 16, 2005, when he contacted the Department dispatcher to request a file number for the search. Graham Deposition, at 62, 64-65.
Washington stated that he did not place any trash on the curb that day. Washington Deposition, at 194. The records of the trash hauling company contained a notation that the trash haulers were at the Residence at 9:55 a.m. that day, but no trash was picked up from that property. Plaintiffs' Exhibit C, Waste Management Customer Internal Comments for Larry Washington. That trash hauling company made such a notation on its records if: (1) no trash can was placed at the curb to be picked up, or (2) trash cans were placed at the curb, but the cans were empty. Plaintiffs' Exhibit B, Deposition of Jeff Mjelde, at 13.
Graham and Carpenter stated that they found the following in the trash taken from the Residence on March 16, 2005: (1) mail addressed to Washington; (2) a handwritten note with amounts of money written on it, starting with a sum of $30,000.00; (3) two quart-sized plastic baggies with the corners cut off and one whole plastic baggie; (4) a small amount of residue on the bags; (5) a Starcrest dry cleaning receipt with the name of B. Hollywood on it; and (6) a handwritten construction plan with the name of Hollywood on it. Graham Deposition, Deposition Exhibit 2, Complaint for Search Warrant, attached Affidavit of James Graham (Affidavit). Later tests showed that Washington's fingerprints were on some of the found items. Defendants' Exhibit 3, Deposition of La Vonne Odele, at 30-33. Washington admitted that the items belonged to him, but denied that he placed the trash on the curb that day. He did not know how the Defendants came into possession of the items. Washington Deposition, at 128.
Carpenter stated that he field-tested the residue in the plastic baggies.
Carpenter stated that the tests were positive for cocaine. Carpenter Deposition, at 87. The Illinois State Police laboratory later ran tests on the baggies. Those tests were negative for cocaine. Plaintiffs' Exhibits, Exhibit D, Illinois State Police Forensic Laboratory Report dated June 15, 2006. An Illinois State Police lab technician stated that the field test may have removed the drug residue from the bags. Defendant Carpenter's Reply to Plaintiffs' Memorandum of Law in Response to Defendant Carpenter's Motion for Summary Judgment (d/e 200 Attachment 1) (Carpenter Reply), Exhibit B, Deposition of Amy Parker, at 43-46, 51.
Graham then prepared a request for a search warrant for the Residence, along with a supporting Affidavit. Affidavit. The Affidavit contained the following information: (1) a summary of Washington's criminal record and gang affiliation; (2) a statement that two automobiles parked at the Residence were registered to Washington; (3) a list of the items that Graham and Carpenter state that they found in the trash from the Residence; (4) a statement that the baggies tested positive for cocaine; and (5) a statement that a computer check indicated that Jenkins had a drivers license with 1429 Guemes listed on it. Id. Neither Graham nor Carpenter, however, recalled conducting a computer check regarding Jenkins' drivers license, and Jenkins stated that her drivers license did not list 1429 Guemes on it. Carpenter Deposition, at 91-93, 108-09; Graham Deposition, at 46, 50.*fn2 An Illinois Associate Circuit Judge reviewed the Affidavit and issued the warrant.
On March 17, 2005, Defendants Graham, Carpenter, Welsh, and Wooldridge searched the Residence pursuant to the warrant. The search was conducted between 6:43 a.m. and 11:53 a.m. Graham Deposition, at 103. The Plaintiffs were also present, along with Washington's minor son, and Sangamon County, Illinois, Assistant State's Attorney Randy Blue. Other law enforcement officers participated in the search, including Alcohol, Tobacco, and Firearms (ATF) Agents Tom Dart, John Carpenter, and Pete Pappas; and Sangamon County, Illinois, Deputy Brian Stapleton, with his dog that was trained to detect drugs.
The officers stated that, during the search, Washington fidgeted whenever an officer walked near the kitchen pantry. E.g., Carpenter Deposition, at 126-27. ATF Agent Pappas searched the pantry three or four times, but found nothing. John Carpenter Deposition, at 60. Deputy Stapleton also searched the pantry with his dog, but the dog did not alert on anything in the pantry. Graham Deposition, at 128.
Toward the end of the search, someone directed officers to search the pantry again. John Carpenter Deposition, at 101. Wooldridge then searched the pantry and stated that he found cocaine in two graham cracker boxes on the top shelf. According to Wooldridge, the bottoms of the boxes had been opened, the cocaine had been placed in the center of the boxes, between packets of graham crackers, and then the bottom of the boxes had been resealed with glue. Defendants' Exhibit 6, Deposition of J.T. Wooldridge (Wooldridge Deposition), at 43-47, 56-58. Jenkins' fingerprints were found on one of the graham cracker boxes. Defendants' Exhibits, Exhibit 10, Deposition of Tracy Sulwer, at 26-27. Washington was arrested and charged with manufacture/delivery of a controlled substance. He was released on bond.
Washington denied that any cocaine was in the Residence before the search occurred. Washington Deposition, at 130, 133, 135. The Plaintiffs believed that the Defendants planted the cocaine in the house. The Plaintiffs did not identify a reason why the Defendants would have planted cocaine in the Residence. Washington Deposition, at 137; Defendants' Exhibit 11b, November 17, 2008 Deposition of Jennifer Jenkins, at 24.
On March 21, 2005, Graham prepared a report on the search of Washington's trash on March 16, 2005. Graham Deposition, at 59-60. On October 18, 2005, the return on the execution of the warrant was filed. This was seven months after the search. Graham Deposition, at 102-03. According to Department policy, the return should have been filed promptly.
Thirteen months later, on April 26, 2006, the Department's Director of Human Relations Lawrence W. Selinger issued a letter to Defendant Davis granting Davis' request for medical leave. The letter stated in part:
You have notified us of your need to take family medical leave due to a health condition that makes you unable to perform the essential functions of your job. Under the federal Family and Medical Leave Act (FMLA), . . . you may take up to twelve (12) weeks of family medical leave in a twelve (12) month period. You are eligible for leave under the FMLA, and the requested leave will count against your annual family medical leave entitlement. . . . .Your FMLA leave began on April 17, 2006 and you are eligible for FMLA leave through July 17, 2006. . . . . . . .
Prior to your return to work you must submit the attached job description to your physician and obtain a written release from him/her stating that you are able to perform the essential functions of your job. Your return to work may be delayed until it is provided to your supervisor.
Defendants' Exhibits, Exhibit 15, Deposition of Donald Kliment, Deposition Exhibit 38, Letter dated April 26, 2006. Davis turned in his badge and service weapon when he went on medical leave. According to Davis and Kliment, Davis could not exercise any authority as a police officer while he was on medical leave. Defendants' Exhibit 14, Deposition of Rickey Davis (Davis Deposition), at 110-12; Kliment Deposition, at 69-75.
On May 22, 2006, Washington and Davis were both at Gold's Gym in Springfield, Illinois. Washington was still on bond on the charges pending from the March 17, 2005, search and arrest. Davis was still on medical leave from the Department. Davis claimed that Washington threatened him at that time. Washington denied that he made any threats to Davis. Davis reported the threat to the Department. Washington was arrested within days of the encounter with Davis. On June 5, 2006, after a hearing in Sangamon County, Illinois, Circuit Court, Washington's bond was increased as a result of the incident.
Davis' medical leave was extended on July 17, 2006, and again on October 19, 2006. Kliment wrote Davis a memorandum each time confirming the extensions of his leave. Each of those memoranda stated that Davis had no authority to act as a Department police officer while on medical leave. Kliment Deposition, Collective Deposition Exhibit 39, Memoranda from Kliment to Davis dated July 24, 2006, and October 19, 2006.
The Plaintiffs have presented additional evidence to show that: (1) Graham and Carpenter previously included false statements in affidavits for warrants; (2) the City and Rouse failed to supervise Graham and Carpenter, and (3) Graham, Carpenter, and Welsh were not credible. Most of the tendered evidence is hearsay and cannot be considered at summary judgment. Fed. R. Civ. P. 56(e). Some of the evidence, however, consisted of statements by a Defendant based on personal knowledge. Those statements are admissible. Others were admissions by a Defendant. Such admissions are competent evidence against the Defendant who made the admission. Fed. R. Evid. 801(d). The statements by Chief Kliment and Deputy Chief Rouse could be competent evidence against the City. Fed. R. Evid. 801(d)(2). The Plaintiffs also presented judicial findings in a previous case. United States v. Whitley, 249 F.3d 614 (7th Cir. 2001). The Court can take judicial notice of those findings.
The admissible evidence shows the following:
1. Chief Kliment believed that the Department, and in particular Rouse and the Sergeants and Lieutenants in Criminal Investigations, did not adequately supervise Graham and Carpenter. Kliment Deposition, at 31-32, 48-49.
2. Rouse stated that he had to discipline, or write up, Graham several times. Plaintiffs' Exhibit G, Deposition of William Rouse (Rouse Deposition), at 21. Rouse identified one incident in which Graham found a large sum of money during a search of a residence. Graham violated policy by failing to bring the money to the station immediately for booking. Instead, Graham went to lunch first; he locked the funds in the trunk of his vehicle during lunch. Id. Rouse did not identify any other specific instances in which he disciplined Graham. Rouse stated that he wrote up Carpenter once because Carpenter was involved in a disturbance at a local tavern. Id., at 22.
3. Rouse opined that Graham and Carpenter were only loosely following the Department's general order regarding search warrant affidavits. Affidavits that relied on confidential sources were required to identify the source by number. He believed that Graham and Carpenter were using Crime Stoppers tip numbers for confidential source numbers.
Crime Stoppers was a program in which individuals called to provide anonymous tips. See Graham Deposition, at 38. Graham and Carpenter's practice of using Crime Stoppers numbers for confidential source numbers was improper. Rouse Deposition, at 24-25.
4. On June 30, 1999, Graham, Carpenter, and Welsh were involved in the search of two motel rooms at the Stevenson Inn in Springfield, Illinois. The officers secured a warrant to search the room occupied by Huey Whitley. The warrant was based on an Affidavit which recited that Carpenter conducted a traffic stop of a woman after she left Whitley's room. The Affidavit was prepared and signed by Welsh. The Affidavit recited that the woman possessed marijuana, and the woman stated that she had purchased the marijuana from Whitley. The statement that she purchased marijuana from Whitley was false. United States v. Whitley, 249 F.3d at 616-17. The Seventh Circuit overturned Whitley's conviction based on the false Affidavit. Id., at 623-24.
The other motel room was occupied by Marcellus Mitchum. The officers did not have a warrant to search his room. Officer Welsh testified that Mitchum opened the door to the room voluntarily and allowed the officers to search. Mitchum denied that he opened the door voluntarily. He claimed that the officers used a key to enter the room. The motel records supported Mitchum's version of events rather than Welsh's. Id., at 619. The Court credited Mitchum's version of the event. The evidence found in the search of Mitchum's room was suppressed. Id., at 620.
5. In June 1999, Carpenter recited in a warrant affidavit that a male informant provided information for the warrant. In fact, the informant was a woman. Carpenter Deposition, at 57, 160-61. Carpenter told Illinois State Police investigator Anthony McClure that he lied about the gender of the informant because she was the suspect's sister, and Carpenter wanted to protect her identity. Plaintiffs' Exhibit H, Deposition of Anthony McClure (McClure Deposition), at 28-29, 51.
6. In another instance, Graham and Carpenter stated that they conducted a trash rip that resulted in a search warrant of the residence of an individual named Rico Faine. Faine was charged, but the charges were dropped when the state trial court suppressed the evidence from the search. The trial court found that Faine did not leave any trash out on the curb on the day of the trash rip. Graham Deposition, at 140, 149-50; Carpenter Deposition, at 149-51; McClure Deposition, at 49-50.
7. In December 2005, Graham went to Mississippi to pick up a homicide suspect. During the trip, Graham was found in bed with a woman that Graham had questioned earlier that day. Graham admitted to being in bed with the suspect. He stated that they were clothed and that he did not have intercourse with the woman. McClure Deposition, at 35-36; Graham Deposition, at 166.
8. Carpenter has also admitted helping two informants. In one case, Carpenter asked a local charity to fabricate service hours for an informant used by Carpenter. The informant had been sentenced to 500 hours of community service, and Carpenter tried to help the informant get out of performing the service time. Carpenter Deposition, at 157-58. In another situation, Carpenter confiscated a weapon from an informant. The informant was subsequently convicted in a federal proceeding. Carpenter refused to testify at the federal sentencing hearing regarding the weapon's incident. Carpenter stated that he gave his word to the informant and kept that promise. Carpenter Deposition, at 154.
9. In the murder trial of a defendant named Grimm, Graham had in his personal file a copy of a witness interview report that had not been turned over to the defense. Graham believed that the prosecuting attorney had a copy of the report, but the prosecutor did not. Graham provided the defense with a copy of the interview report during the trial. Graham Deposition, at 151-53.
The Plaintiffs bring four claims against the Defendants. The Plaintiffs claim in Count I that Graham, Carpenter, Wooldridge, and Welsh violated their rights by fabricating the false Affidavit to secure the warrant to search the Residence. The Plaintiffs claim that the trash rip search did not occur, and thus, the supposed field test of the non-existent baggies also did not happen. Complaint (d/e 1), at 1. The Plaintiffs claim in Count II that Carpenter, Graham, Welsh, and Wooldridge conspired to plant the cocaine that was supposedly found at the Residence in order to arrest Washington. Id., at 3. Washington claims in Count IV that Davis lied about the incident in May 2006 in order to get Washington arrested again. Id., at 6. Last, the Plaintiffs claim in Count III that the City had a custom or policy of authorizing false affidavits and illegal conspiracies to plant evidence during searches, such as the events surrounding the March 17, 2005, search of the Residence. Id., at 4.
The Plaintiffs named Rouse in his official capacity in Count III. The Plaintiffs have agreed to dismiss this claim against Rouse voluntarily.*fn3 Plaintiffs' Memorandum of Law in Response to Defendants City of Springfield, Welsh, Wooldridge, and Rouse's Motion for Summary Judgment (d/e 195), at 7. The Plaintiffs only sued Rouse in his official capacity. As such, the claim was a claim against the City, and so, was duplicative of the claim brought against the City. See Tabor v. City of Chicago, 10 F.Supp.2d 988, 991 (N.D. Ill. 1998). Thus, the claims against Rouse are dismissed.
The remaining Defendants now seek summary judgment. At summary judgment, the Defendants must present evidence that demonstrates the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986). The Court must consider the evidence presented in the light most favorable to the Plaintiffs. Any doubt as to the existence of a genuine issue for trial must be resolved against the Defendants. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). Once a Defendant has met his or its burden, the Plaintiffs must present evidence to show that issues of fact remain with respect to an issue essential to their case, and on which they will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. at 322; Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). The Court will address the claims against the individual Defendants, and then the claims against the City.
A. Count I -- False Affidavit Claim
Fabricating a trash rip search and field drug test results, and then lying about those results on an affidavit to secure a search warrant, clearly would violate the Fourth Amendment. See Franks v. Delaware, 438 U.S. 154, 165 (1978). Carpenter and Graham stated that they conducted the trash rip search at the Residence and found parts of plastic baggies that tested positive for cocaine. Graham recited those averments in the Affidavit. Washington and Jenkins deny that the Affidavit was truthful; they state that they did not even put the trash out that day. At summary judgment, however, the Plaintiffs cannot simply rely on their personal denials of the Defendants' assertions. The Plaintiffs must present some affirmative evidence to demonstrate an issue of fact exists. Heft v. Moore, 351 F.3d 278, 283 (7th Cir. 2003).
In this case, the Plaintiffs have presented affirmative evidence to create an issue of fact regarding whether Carpenter and Graham fabricated the search, the field test, and the Affidavit. The notation on the records of the trash hauling company could be viewed as support for the Plaintiffs' statements that they did not put any trash out on March 16, 2005. The Illinois State Police laboratory test results also indicated that the baggies, which were claimed to have been found in the trash rip, did not contain cocaine. When read in the light most favorable to the Plaintiffs, this evidence is sufficient to create an issue of fact regarding whether the trash rip occurred, whether the field test results were true and whether the Affidavit was true. In addition, the evidence, read favorably to the Plaintiffs, indicates that Graham made at least one other false statement in the Affidavit. Graham stated under oath that the address of the Residence was listed on Jenkins' drivers license; however, neither Graham nor Carpenter recalled checking Jenkins' drivers license registration, and Jenkins testified that the Residence was not listed on her license.
The Defendants presented testimony from a State Police lab technician to offer a possible explanation of the lack of any residue on the baggies. The technician's testimony, however, was not conclusive; she offered a possible explanation. The Defendants also argue that the trash hauling company made note of the lack of any trash at the Residence on March 16, 2005, because Graham had already removed the trash. This argument is an alternate interpretation of the evidence, but it is not conclusive. The Court must view the evidence in the light most favorable to the Plaintiffs at this juncture. When read in that light, there is an issue of fact regarding whether the Affidavit was truthful.
B. Count II -- The Planted Drugs and False Arrest Claim
Planting evidence to establish probable cause, such as planting drugs in the Residence, also clearly violates the Fourth Amendment. E.g., Smith v. City of Chicago, 913 F.2d 469, 472 (7th Cir. 1990). Again, when read in the light most favorable to the Plaintiffs, the evidence has created an issue of fact regarding whether one or more officers planted the cocaine in the Residence. ATF Agent Pappas searched the pantry three or four times, but found nothing. Sangamon County Deputy Stapleton and his drug detecting dog searched and found nothing. This evidence supports an inference that there were no drugs in the pantry at that point in time. If so, some other officer planted the cocaine later during the search. This evidence is enough to create an issue of fact.
The Defendants presented evidence that the dog cannot smell cocaine that is six feet off of the floor. Carpenter Reply, Exhibit C, Affidavit of Brian Stapleton, ¶ 12. This evidence, however, was not conclusive. The Court cannot determine whether the top shelf was more than six feet above the floor. The Court must view the evidence in the light most favorable to the Plaintiffs at this juncture. When read in that light, there is an issue of fact regarding whether the cocaine was planted.
C. Count IV -- May 2006 Gold's Gym Incident
The evidence fails to show that Davis violated Washington's rights in the Gold's Gym incident. When read in the light most favorable to the Plaintiffs, the evidence shows that Davis may have lied about his encounter with Washington which resulted in Washington temporarily losing his freedom from pretrial detention. Plaintiffs, however, must establish that Davis acted under color of law to establish a claim under § 1983. Davis was on medical leave. While on medical leave, Davis had no authority to act as a police officer. In such situations, the officer on medical leave is not a state actor. Gibson v. City of Chicago, 910 F.2d 1510, 1517-18 (7th Cir. 1990). Davis, therefore, did not act under color of law. Davis is entitled to summary judgment.
The Plaintiffs cite numerous cases that state that off-duty officers still act under color of law even when off-duty. E.g., Swiecicki v. Delgado, 463 F.3d 489, 496 (6th Cir. 2006). Those officers in those cases, however, were not relieved of duty. They still had the authority to act as a police officer. Davis was relieved of duty while on medical leave. He had no authority to act as a police officer. He, therefore, did not act under color of law. Davis is entitled to summary judgment.
D. Personal Involvement of Defendant Officers
A person is only liable under § 1983 if he personally participated in the wrongful conduct. E.g., Campbell v. Chappelow, 95 F.3d 576, 579 (7th Cir. 1996). The Plaintiffs must present evidence that each individual Defendant personally participated in the wrongful conduct. The evidence, when read favorably to the Plaintiffs, indicates that: (1) Graham and Carpenter personally participated in fabricating a trash rip search and field test results; (2) Graham fabricated the Affidavit that falsely stated that they found cocaine residue in the Plaintiffs' trash; and (3) an officer or officers planted cocaine in the pantry after ATF Agent Pappas and Deputy Stapleton's drug dog searched the pantry. If jurors conclude that Carpenter and Graham fabricated the field test results and the Affidavit to get the warrant, they could also infer that Graham and Carpenter knew that cocaine would be planted and found in the Residence. The evidence, when read favorably to the Plaintiffs, supports the inference that Graham and Carpenter personally participated in both fabricating the field test results and the Affidavit, and in planting the cocaine.
No evidence connects either Wooldridge or Welsh to the claims in Count I. They did not participate in any investigation of Washington before the judge issued the search warrant for the Residence on March 16, 2005. No evidence ties either of them to the trash rip search that Graham and Carpenter say they conducted. Wooldridge and Welsh are, thus, entitled to summary judgment on Count I. Furthermore, no evidence ties Welsh to the planting of the cocaine. He was present, but he did not find the cocaine. He did not search the pantry at any time. Welsh is entitled to summary judgment on Count II.
Wooldridge found the cocaine. This fact provides some circumstantial evidence that he was involved in the alleged planting of the drugs since he chose to open the graham cracker boxes where the drugs were located. When viewed in the light most favorable to the Plaintiffs, this is sufficient to create an issue of fact regarding his involvement. Summary judgment, therefore, is denied for Defendant Wooldridge with respect to the claim that the Defendants planted the cocaine in the Residence in order to arrest Washington falsely.
E. Qualified Immunity
Graham, Carpenter, and Wooldridge all assert the affirmative defense of qualified immunity. Once a defendant has raised the defense of qualified immunity, the plaintiff must demonstrate that the defendant violated a clearly established right. Forman v. Richmond Police Dept., 104 F.3d 950, 957-58 (7th Cir. 1997). A defendant is also entitled to an interlocutory appeal on the issue before proceeding to trial. Ashcroft v. Iqbal, __ U.S.__, 2009 WL 1361536, at *9 (May 18, 2009). When read favorably to the Plaintiffs, the evidence could support the conclusions that: (1) Graham and Carpenter fabricated a trash rip and the field test results to secure a warrant; (2) Graham lied on the Affidavit to get the warrant; and (3) Graham, Carpenter and Wooldridge conspired to plant cocaine at the Residence during the search to justify arresting Washington. If so, then the three officers violated the clearly established constitutional Fourth Amendment principles to be free from unreasonable searches and seizures. Franks, 438 U.S. at 165; Smith, 913 F.2d at 472. The Defendants, thus, are not entitled to summary judgment on their claims of qualified immunity.
Plaintiffs seek to hold the City liable for the claimed conduct of Graham, Carpenter, and Wooldridge. Section 1983 generally imposes liability on the individual who violated the plaintiff's rights. Monell v. Department of Social Services of City of New York, 436 U.S. 658, 694 (1978); see Auriemma v. Rice, 957 F.2d 397 (7th Cir. 1992). Liability will only be imposed on a municipality if the municipality was directly culpable for the actions. A municipality is culpable for the actions of its employees if the actions were taken pursuant to official City policy or if the actions were taken as part of a custom or practice of the City that existed at the time of the incident. Calusinski v. Kruger, 24 F.3d 931, 936 (7th Cir. 1994). To be a custom or practice, the actions must be so wide-spread and pervasive that they amount to a practice that has the force of law. Gable v. City of Chicago, 296 F.3d 531, 537 (7th Cir. 2002); Sims v. Mulcahy, 902 F.2d 524, 542 (7th Cir. 1990). To have the force of law, City policymakers must know of the custom or practice and be deliberately indifferent to the known or obvious consequences of the custom or practice. Gable, 296 F.3d at 537-38. A municipality may also be liable if the act is caused by a person with final policymaking authority for the municipality. Killinger v. Johnson, 389 F.3d 765, 771 (7th Cir. 2004).
Persons with final policymaking authority are those individuals who have the authority to adopt rules and conduct government relevant to this case. Killinger, 389 F.3d at 771; Auriemma, 957 F.2d at 399-401. The identity of persons who have final policymaking authority is determined by state and local law. Killinger, 389 F.3d at 771-72.
Plaintiffs must present evidence of either: (1) a custom or practice, or (2) wrongful actions by a person with final policymaking authority.*fn4 Plaintiffs have failed to present evidence of either. Plaintiffs assert that Rouse and Kliment were on notice that Carpenter and Graham consistently violated the Department's rules and regulations, but did nothing about it. Thus, the Plaintiffs argue, Rouse and Kliment were deliberately indifferent to the obvious consequences of Graham and Carpenter's actions.
The Plaintiffs, however, failed to show that either Rouse or Kliment had final policymaking authority for the City. The Plaintiffs fail to identify any state or local law that authorized either of these men to make final policy for the City. See Killinger, 389 F.3d at 772 ("Plaintiff's municipal liability theory fails because he has not identified any state or local positive law, or custom having the force of law, that grants either the chief [of police] or the mayor authority to adopt rules that are relevant to this case."); Auriemma, 957 F.2d at 401 (Superintendent of Police in Chicago was not final policymaker because he only had authority to carry out policy, rather than make policy). The Plaintiffs, thus, fail to present evidence that the City's final policymakers were on notice of any improper conduct by either Graham or Carpenter. Without such evidence, Plaintiffs fail to present evidence of either a custom or practice, or a wrongful act by a person with final policymaking authority.
Even if Rouse and Kliment were final policymakers, the Plaintiffs also failed to present competent evidence that either Rouse or Kliment were on notice that Graham and Carpenter had a practice of either fabricating affidavits for warrants or planting evidence. The competent evidence showed two or three incidents in which Graham or Carpenter made a false statement in connection with an affidavit or during testimony in a criminal proceeding. Two or three incidents over several years are too few to provide notice of a custom or practice. Gable, 296 F.3d at 538.
The Plaintiffs argue that the evidence showed that Rouse and Kliment knew that Graham and Carpenter violated Department policies, such as the Department policy against trash rips and the Department's policy against using Crime Stopper numbers as informant identification numbers. Violation of these policies, however, did not implicate a violation of a constitutional right. Trash rips, if done properly, are constitutional. U.S. v. Redmon, 138 F.3d 1109, 1112-13 (7th Cir. 1998). Affiants in warrant applications are not obligated to identify informants if the affidavit is sufficient under the totality of the circumstances. See Illinois v. Gates, 462 U.S. 213, 238-39 (1983). Thus, this evidence did not show that Rouse and Kliment were on notice that Graham and Carpenter were violating citizens' constitutional rights. See Thompson v. City of Chicago, 472 F.3d 444, 454-55 (7th Cir. 2006). The Plaintiffs have failed to show that Rouse and Kliment had final policymaking authority for the City, and have failed to show that Rouse and Kliment were on notice of a widespread practice of lying on affidavits for warrants or planting evidence. The City is entitled to summary judgment on the municipal liability claims.
THEREFORE, Defendant Paul Carpenter's Motion for Summary Judgment (d/e 174) is DENIED; Defendant James Graham's Motion for Summary Judgment (d/e 175) is DENIED; Defendants City of Springfield, Welsh, Wooldridge, and Rouse's Motion for Summary Judgment (d/e 172) is ALLOWED in part and DENIED in part; and Defendant Rickey Davis' Motion for Summary Judgment (d/e 176) is ALLOWED. Summary judgment is entered in favor of Defendants Rickey Davis, S. Welsh and the City of Springfield and against Plaintiffs Larry M. Washington and Jennifer A. Jenkins. Partial summary judgment is entered in favor of Defendant J.T. Wooldridge and against Plaintiffs Larry M. Washington and Jennifer A. Jenkins on Count I of the Complaint. The claim against Defendant Deputy Chief William Rouse is dismissed with prejudice. Defendants Davis, Welsh, Rouse, and the City of Springfield are dismissed from this case.
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"... one of the so called moderate Muslims ... insists that moderate Muslims around the globe condemn this kind of extremism but when asked which Muslim country, or moderate Muslim organization has been heard from specifically, he has no answer."
FWIW, Mark Steyn notes one:
"The Irish Supreme Muslim Council vehemently abhors and deplores the verdict of guilt issued by a Sudanese Court against the British school teacher Gillian Gibbons for allegedly "insulting religion".
"The Council believes that a full criminal trial and now custodial sentence over the naming of a classroom toy is abominable and defies common sense."
It's short and statement and well worth your time to read. You'd have to be pretty wild-eyed to dismiss this one.
I mean this in general of course, not toward you specifically.
Let's see what good it does.


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Hotel Allegra Sur is located in Zuoz, Switzerland. The building enjoys a quiet, sunny location next to the Allegra Gourmet Restaurant. Ski lift, shops and restaurants are 10 to 15 minutes by foot. A free bus serves the ski lifts and the new chairlift. The Allegra Sur apartments have been designed i...
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Thursday, 2 August 2012
10 Day You Challenge: 4 Books
5 comments:
I love this challenge! I may do it myself :)ReplyDelete
Just to let you know I've nominated you for the Liebster Award! See my blog http://ljsx.blogspot.co.uk for info! xReplyDelete
I love book reviews, never read little women, so now I will since you love it so much :)ReplyDelete
I just finished reading OUt of Russia, it is an excellent love story.
Room looks like it's a bit of a weepy? I've just got a kindle (I much prefer real books though) & have just finished the steamy 50 shades trilogy so I'm looking for something else. xReplyDelete
hey! i found you through the BBU Blog Hop! this is such a cool challenge! i'm definitely considering it for my own blog. those books look great, i think i need to make a trip to the library :)ReplyDelete
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Precision Twist R40 High Speed Steel Short Length Drill Bit, Uncoated (Bright) Finish, Round Shank, Spiral Flute, 118 Degree Point Angle, 49/64"
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The 118-degree, conventional-point design is the most commonly accepted standard for drilling holes in a variety of material, such as metal, wood, and synthetics, with best performance in steel, stainless steel, cast iron, and unalloyed titanium. It comes with an uncoated (bright) finish, which helps keep costs down, yet provides acceptable performance in most situations. For drill bit sizes larger than 45/64 inch, the drills have a black oxide finish, which gives a strongly adhering surface treatment that acts to retain cutting fluid and prevent chip to tool welding, reducing the formation of a built-up edge.
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In 2014, where America will invest, Stock Market or Gold
Stock Guru2013-11-10
World markets follow American Market. United States of America, creates a path and rest of the world follow it.
So the prediction to be made is, where will United States of America will invest in 2014?
- Stock Market: USA has large percentage of people investing in Stock Markets. If they choose Stock Markets, Stock Markets all over world will have impact.
- Bullion: Bullions specially Gold could be the main target as economic conditions are still not great to depend on stock market investments.
- Debts: Debentures or simple bank deposits.
- Real Estate
- Others
CA Pulkit Sharma2013-11-11
They had a bad luck on real estate, saw it in Sub-Prime crises of 2007-09.
May be they would prefer bullion or equities in 2014.


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Office of Public Affairs
President Glenn Cummings honored 108 USM staffers who reached milestone anniversaries, including one person who marked her 45th anniversary with the university.
The New York Times recently featured comments by Susan Noyes, an assistant professor in the Occupational Therapy Program, in a story on earning a Ph.D. later in life.
Portland Press Herald columnist Bill Nemitz wrote a moving piece on the May 7 Husky Ruck, which raised more than $10,000 for the Corporal Mark Goyet Memorial Foundation.
Members of USM's Geography-Anthropology Student Association were guests on the WCSH-TV show "207" for their work in making stone tools.
The Spring 2016 issue of the "Humanities: The Magazine of the National Endowment of the Humanities," features USM's Osher Map Library.
USM hails turnaround. Admissions numbers substantially up and budget balanced for first time in years
With USM's new student enrollment up by 19% and the budget balanced without outside help for the first time in four years, President Glenn Cummings announced today that USM has achieved a remarkable turnaround.
Dan Jenkins, the director USM's Leadership Studies Program, was interviewed May 26 on the Z105.5 morning radio show, "The Breakfast Club."
A year before Joshua Dodge served as the Secretary General of the Maine Model United Nations — helping more than 500 high schoolers understand the U.N. path toward diplomacy and peace — the USM student learned from the source. For a semester, Dodge served as an intern with the U.S. Department of State, working from an office across the street from the U.N.'s landmark headquarters in Manhattan.
UMF and USM offer new collaborative degree program for expedited 5 year masters in counseling or social work
The Psychology-Counseling 3+2 Program (B.A. to M.S.) and Psychology-Social Work 3+2 Program (B.A. to M.S.W.) will help students graduate a year ahead of time and reduce their college costs while preparing them for a professional career where they can help meet Maine's growing mental health needs.
Falling meteor lights up the sky in Maine, attracting global attention. USM Planetarium manager Ed Gleason describes what occurred in several media interviews.


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Proceeds will be used to donate money to the "Trevor Project"; a non-profit organization whose mission is "to end suicide among LGBTQ youth by providing life-saving and life-affirming resources..."
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"Don Khon ( Dolphins)" Laos Things to Do Tip by worldtraveler55
Laos Things to Do: 298 reviews and 556 photos
Irrawaddy Dolphins
The Irrawaddy Dolphin is one of the Mekong River's most fascinating creatures, and one its most endangered. From the thousands that populated the Mekong and its tributaries in Cambodia and Southern Laos as recently as the 1970's, it's now estimated there are less than 100 left.
The dark blue to grey cetaceans grow to 2.75 m long and are recognisable by their bulging foreheads and small dorsal fins.
Among the Lao and Kmer, Irrawaddy dolphins are traditionally considered reincarnated humans and there are many stories of dolphins having saved the lives of fishermen or villagers who have fallen into the river or been attacked by crocodiles. This cultural beliefs mean neither the Lao nor the Kmer intentionally capture dolphins for food or sport.
General gill netting, grenade and dynamite fishing in Cambodia, as well as water pollution has inevitably taken its toll on the dolphins.
Boats can be chartered from the old French pier at the south end of Don Khon and bring you to a small island that ooks over e deep-water conservation zone. As this is Cambodia you have to pay custom fee (USA $ 1 a person)
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