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A new dawn for the defense of marriage
The author of this entry is responsible for this content, which is not edited by the Wilson County News or wilsoncountynews.com.
July 2, 2013
2,668 views
15 comments
By Tony Perkins
Every July Americans celebrate our nation's founding, but our founders would barely recognize today's America. Freedom, Alexis de Tocqueville once said, requires virtue. On June 26, the U.S. Supreme Court made it clear that the pillars of both are under attack. By a single vote, five unelected justices determined that they know better than God and struck at the heart of marriage in America.
Writing for the majority in the Defense of Marriage Act decision, Justice Anthony Kennedy insisted that defining marriage as the union of a man and woman - as nations have since the beginning of time - is "to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States." It is one thing, Justice Antonin Scalia fired back, "for a society to elect change; it is another for a court of law to impose change by adjudging those who oppose it [are] enemies of the human race." Chief Justice John Roberts agreed, writing that the definition of marriage wasn't driven by a "sinister motive" but by its "role and function throughout the history of civilization."
The Court can declare same-sex "marriage" a legal right in the eyes of government, but judges cannot make it morally right in the hearts of the people. This is an institution that carries God's own signature. Even absent any faith, the natural order proves the only successful model for civilization is natural marriage.
In California, voters already understood what was at stake. In two separate referendums, they flooded the ballots for marriage, winning a constitutional amendment in 2008 in the largest state in America. For five years, the Left has battled to tear down this monument to democracy and the natural family.
California Governor Jerry Brown, ignoring his people - and the law - took a page from President Obama's school of defiance and refused to defend the amendment in court. Left without options, the proponents of Proposition 8 took it upon themselves to protect it.
The Supreme Court, in a profoundly disturbing decision, ruled that these voters lacked the standing to represent a state amendment that more than 7,000,000 Californians passed. The Proposition 8 decision sets a disturbing precedent for a nation of sovereign people.
Fortunately, conservative leaders across our country aren't about to stand by as the Court abandons the cornerstone of American government. In interview after interview, tweet after tweet, the message echoed from governor's mansions to congressional floors: we are not giving up. It started with Congresswoman Michele Bachmann (R-Minn.) and flooded the wires since then. "No man, not even a Supreme Court, can undo what a holy God has instituted." Rep. Tim Huelskamp (R-Kans.) vowed to lead the fight for a Federal Marriage Amendment. Governor Mike Pence (R-Ind.) said he would use today's rulings as motivation to work even harder for a state marriage amendment.
The Left will say that we are on the wrong side of history, but that doesn't matter if we're on the right side of truth. And the truth is that the love of a man and woman, for life, is God's design for marriage and family. Forty years ago, many people thought - as some might today - that the battle for life was lost. Over time, our movement and technology helped to change people's hearts and minds to a new understanding of the sanctity of the unborn child. And we will do it again. As more Americans see and feel the erosion of religious liberty, of parental rights, of children's innocence, and of conscience rights, their opinions will no longer be swayed by emotions and popular opinion - but by the reality of the fundamental harm that same-sex "marriage" poses to society.
Are these rulings demoralizing? Definitely. But we will not let a court's definition of marriage define us. Someday - years from now - when law students are memorizing this date and its importance in American history, what will they say about our movement? That it united together and changed the conversation on marriage? That it refused to quit until it transformed state and federal laws? Hopefully, they will say that you and I stood on truth - and restored marriage and the Author of marriage to their rightful place in American policy.
Tony Perkins is president of the Family Research Council.
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Your Opinions and Comments
October 8, 2014 7:41am
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I wonder if same sex marriage will increase the consumption of root vegetables and fruits. Progressive groups have a history of supporting useless campaigns initiated by unelected relatives of political figures. :-)
October 7, 2014 3:21pm
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New Guy ... So there is no possibility that the conservative 5th Court of Appeals might make a favorable decision for two conservative states. Time will tell.
New Guy
Wilson County
October 7, 2014 12:26pm
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PRAIRIE: The appeals court will side with the same-sex folks just like every other court has.
October 7, 2014 11:13am
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New Guy ... It might be wise to wait and celebrate the receipt of a gift rather than the expectation that it will be in the mail :-) The declination of any case only leave the appeals courts decision intact. There is no...
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New Guy ... It might be wise to wait and celebrate the receipt of a gift rather than the expectation that it will be in the mail :-) The declination of any case only leave the appeals courts decision intact. There is no guarantee that the appeals court will overturn Texas law. Of course, if the district court upholds Texas law, it might force the Supreme Court to consider the question.
October 7, 2014 10:37am
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Russell..... Good points. Forgive me if I forget to issue proper credit for those ideas I may use in the future.
Russell Dickerson
Floresville, TX
October 7, 2014 10:29am
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@PG: I got the W Virginia joke.. very funny.
Russell Dickerson
Floresville, TX
October 7, 2014 10:25am
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The rainbow flag is an oxymoron. Speaking from a physics point of view - white is inclusive of all colors, and black is the absence of any color. Color when you see it is the frequency reflected from the object, so only in...
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The rainbow flag is an oxymoron. Speaking from a physics point of view - white is inclusive of all colors, and black is the absence of any color. Color when you see it is the frequency reflected from the object, so only in white do you see all the colors represented. In a back-handed way, it IS appropriate of the whole race-baiting liberal movement: The rainbow represents taking an inclusive (white) and splitting it into many factions (colors) creating conflict from harmony. Those who fly the rainbow as "inclusive" show their ignorance of physics and I chuckle every time I hear them mention "rainbow coalition."
October 7, 2014 9:51am
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I find it strange that the LGBT flag which is supposed to showcase diversity has no colors of the human race with the possible exception being the blue people of West Virginia.
October 7, 2014 6:55am
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UPS has abandoned their motto of 'What can brown do for you?' PC permeates. :-)
squawk box
Pandora, Tx
October 7, 2014 6:01am
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Humor has wings. it flies over the head of many. I don't think is has any sexual preference.
View all 15 comments ›
New Guy
Wilson County
October 6, 2014 10:09pm
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It is hard for a straight person to get your gay humor. Just saying.
squawk box
Pandora, Tx
October 6, 2014 4:36pm
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New Guy ... Be aware that the comment was not meant to imply anything. I probably should have prefaced the question with "Do you think'. If someone is offended, then their Gay Pride runs shallow. :-)
New Guy
Wilson County
October 6, 2014 2:48pm
Report Abuse
Squawk, not sure, but there are enough bloggers on this site you could ask that question to.
squawk box
Pandora, Tx
October 6, 2014 11:56am
Report Abuse
New Guy .... The announcement featured a rainbow colored flag which did not include the color brown. Is that a slight to male homosexuals ?
New Guy
Wilson County
October 6, 2014 10:39am
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Well, it is official, today's Supreme Court's order effectively makes gay marriage legal in all states. I bet Perry is highly upset.
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District of Columbia Court of Appeals
March 02, 2000
Before Farrell and Reid, Associate Judges, and Kern, Senior Judge.
Appeal from the Superior Court of the District of Columbia (Hon. Jose M. Lopez, Trial Judge)
(Submitted February 15, 2000
Appellants, a mother and child, filed suit in May 1996 alleging injury sustained by the child (hereafter "Tahishia") in an accident that occurred while she was a passenger in a school bus driven by appellee. Before trial, appellee moved the court to strike the de bene esse deposition of appellants' sole medical expert and grant summary judgment on the ground that the expert failed as a matter of law to establish proximate causation between the accident and Tahishia's alleged injuries, which consisted of ongoing headaches. The trial judge granted the motion essentially because, as he read the expert's testimony, it would not enable the jury to quantify the relationship between pre-existing headaches Tahishia had experienced and those traceable to the accident. We reverse and remand, holding that the expert's testimony, if credited, was sufficient to allow a jury to conclude that Tahishia suffered discrete injury - migraine headaches - as a result of the bus accident.
While on a field trip to Washington, D.C. in May 1993, the bus in which Tahishia was riding struck an automobile. Tahishia stated in her deposition that when the bus driver (appellee) applied the brakes, she struck part of her face on the seat in front of her, loosening a tooth and causing her lip to bleed. A hospital examination that evening revealed few signs of injury, but beginning in April 1995 Tahishia was treated by a physician for headaches which, according to his report, she had had almost daily "for 2-3 years," accompanied by "some light- headedness and nausea and occasional blurred vision." A second physician who treated the child in May 1996 reported that she had "experienced headaches for the past 4 years. They are worsening. She describes them as throbbing. They occur daily [and] . . . are accompanied by blurred vision, diplopia, tearing, nausea, vomiting, light-headedness, and numbness of both legs." He diagnosed her as "[p]ositive for head injury. The patient experienced headaches prior to [the bus accident] injury but they worsened afterwards"; and his impression was that they were migraine headaches.
Tahishia began receiving care from Dr. Amy Stauffer, a pediatric neurologist, in June 1996 (three years after the accident). Dr. Stauffer was then listed as the appellants' sole medical expert at trial. In her de bene esse deposition, Dr. Stauffer sought to distinguish between two different forms of headaches for which she had treated (and was still treating) Tahishia. On the basis of what the child and her mother had told her, Dr. Stauffer was aware that before the bus accident Tahishia had experienced "just normal headaches that anybody else would get, tension type where you lie down and probably don't even require medicine." Since the accident, however, Tahishia suffered from both tension headaches and migraine headaches, for which Dr. Stauffer was treating her separately:
[Tahishia] does complain of daily headaches, mostly in the afternoon. These headaches I consider to be tension headaches. Most daily headaches are not migraine headaches but are, in fact tension headaches. We are trying to deal with those with physical therapy. She does also have the migraines which, when she gets them, do interfere [with her life]. She does not go about her usual activities. She goes into the bedroom. She sometimes gets sick to the stomach and basically has to lie down and take something to go to sleep. And so she can't be doing her normal activities during the time that she has a migraine.
For the migraine headaches, Tahishia was being treated primarily with medication.
Dr. Stauffer expressed the opinion, "based on a reasonable degree of medical probability," that "the trauma [associated with the bus accident had] cause[d Tahishia's] headaches to begin." Comparing the symptoms of the ordinary headaches she had experienced before the accident with those characteristic of migraines, the doctor found "no evidence" that Tahishia's migraines pre-dated the accident. Symptomatically, the two forms of headache differ markedly:
[M]igraines tend to be much worse than your every day, what we consider tension type headaches. The tension type headaches are usually pressure, usually feel like pressure and involve the whole head or like a band around the head or a [sic] and sometime the muscles in the neck can become involved and sore. Those headaches are basically what we could call everyday or tension, or when you have a hard day at work, you come home and have a headache. That's the normal headache type.
Migraine is different, both in the fact that it affects the blood vessels and also in the intensity of pain and the other symptoms that are involved. You generally, with tension headaches, you don't throw-up. Generally, with tension headaches you don't see funny things in front of your eyes. You don't usually get numb or weak on one side of the body with a tension headache. The degree of pain is certainly a lot greater.
Moreover, according to Dr. Stauffer, unlike ordinary headaches caused by tension, migraine headaches may be caused by trauma, although they need not be and the trauma "can be relatively minor." But, again "with[in] the reasonable degree of medical probability," Dr. Stauffer's opinion was "that if someone [like Tahishia] had no migraines and then all of a sudden after the trauma [of an accident] they're having migraines, that's pretty clear that that . . . played a role in causing the migraine for that person."
Cross examined by appellee's counsel, Dr. Stauffer acknowledged that she had made previous statements less explicit in linking the migraines solely to the accident. Thus, in an earlier deposition she had stated that Tahishia "was suffering from migraine headaches which worsened after the bus accident" (emphasis added); and in a March 1997 letter she had opined that Tahishia's migraine had "become much worse as a result of her accident on 5/19/93." Her opinion now, however, was that the migraine and tension headaches were "clearly distinguish[able]" in their respective origins:
Q. The migraines, you relate to the accident?
A. Yes.
Q. The tension headaches, you do not?
A. Not clearly, no. She had those before. Those are not migraine headaches. They are of the type that people get without any trauma.
In moving to strike Dr. Stauffer's testimony as legally insufficient (and thus end appellants' case), *fn1 appellee argued that the expert had failed to differentiate between Tahishia's "pre-existing condition" of tension headaches and the migraine headaches allegedly caused by the bus accident. Appellee cited this court's decision in Williams v. Patterson, 681 A.2d 1147 (D.C. 1996), for a requirement that in cases involving a pre-existing injury or disorder where a tort plaintiff alleges more or less permanent injuries, she must present expert testimony addressed to - and quantifying - the extent to which the tort aggravated or augmented the plaintiff's pre-existing injuries. The trial judge agreed with this analysis. In granting the motion to strike, he focused upon Dr. Stauffer's statements that the trauma of the bus accident "worsened" Tahishia's migraines, stating that "what we have here . . . is a doctor [who] continues to say that the accident worsened a certain condition and is not able to attribute what aspect of the accident relates to the permanency that she's claiming or to the worsening of the condition." Without an "expert quantification" of the extent to which the accident aggravated the prior condition of headaches, the judge believed that the jury would have no way of reasonably computing damages traceable to the accident and not the pre- existing condition for which appellee bore no liability.
Appellants contend that by mistakenly analyzing the causal issue in this case as aggravation of a pre-existing condition (i.e., headaches), the trial judge wrongly applied standards of apportionment to the issue of whether appellee's negligence (if proven) caused Tahishia's injury. They argue that Dr. Stauffer's testimony provided a legally sufficient basis for a jury to draw a discrete causal link between Tahishia's migraine headaches and the bus accident, regardless of the child's previous and continuing experience with tension headaches. They assert that, although a jury would have to grapple with the fact of Tahishia's ongoing concurrent treatment for both forms of headache, Dr. Stauffer delineated between the two both symptomatically and causally such that a jury would fairly be able to award damages for the one and not the other. In short, this is not a case of "aggravation," in appellants' view, but of a new and separate injury allegedly caused by a negligent act and a claim for damages restricted only to that injury.
We find this argument persuasive. For purposes of this appeal, we assume that if this were a case of claimed aggravation of a pre-existing injury or condition, Dr. Stauffer's testimony would have fallen short - as a matter of law - in enabling a jury to decide the extent to which the bus accident "increased or augmented [the] sufferings" Tahishia had experienced before the accident. See Williams v. Patterson, 681 A.2d at 1150 (citations omitted) (pointing to "settled" law "that where an accident does not cause a diseased condition, but only aggravates and increases the severity of a condition existing at the time of the accident, [the plaintiff] could only recover for such increased or augmented sufferings as were the natural and proximate result of the negligent act"). *fn2 We do not need to decide that question because Dr. Stauffer's testimony provided a reasonable basis for a jury to find a new and distinct injury traceable to the accident. Difficult though it might be for a jury to distinguish migraine headaches from a recurrent pattern of tension headaches, the expert differentiated between the two and explained why in her opinion Tahishia's severest symptoms - originating with the accident - bespoke the one form and not the other. Although the doctor in other places appeared (in the judge's words) to have "combined . . . or confused" the two kinds of headache, an inconsistency of that sort in her several statements goes to the weight of her testimony rather than its legal sufficiency. Appellants will face sizeable difficulties in proving their theory that the accident caused Tahishia new and qualitatively distinct suffering - among them the fact that she was not treated for headaches for nearly two years after the accident; became menstrual and was taking hormone shots during that period (both of which, Dr. Stauffer admitted, could induce strong headaches); and had had a history of vomiting, perhaps even "frequent vomiting," before the accident. But, applying the legal standard for summary judgment or a directed verdict, *fn3 neither those facts nor the deficiencies in Dr. Stauffer's testimony are sufficient to permit removal of the issue of causation from the jury.
The judgment of the Superior Court is, therefore, Reversed.
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- length: 105cm - slim fit - medium-weight stretch lining with lace overlay - round neckline - cap sleeves - invisible zip fastening on the back cold hand wash. Cool iron.


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Tax Aide for the elderly - If you prepared your taxes on a computer, you can help us!
Cause Areas
WhenSun Jan 01, 2017 - Sat Apr 15, 2017
WhereWilliamson Co., TexasGeorgetown, TX 78628
Assist seniors in preparing their federal tax returns in various locations in Williamson Co. You should be comfortable with computers and be willing to attend a Tax Slayer training course in January, 2017. There is an open book quiz. We ask that you devote 4 - 8 hours a week during "tax season" to fulfilling our mission. A milage allowance is reimbursed. Most sites are coviniently located. Every effort will be made to assign you to a site convinient for you.
- ETC / Tax Assistance
Good Match For
People 55+
Requirements & Commitment
- Driver's License Needed
- Must be at least 18
- Orientation or Training
- 4 - 8 hours for 10 weeks


text:
Website Tips And Tactics Ebook
Website Tips And Tactics
Click here to see the long list of these ebooks
(priced for $7.00 or less).
Title: Website Tips And Tactics
Author: Christopher Pitte's
Let's be realistic! If you do not rank well for your keywords you might as well not exist to your potential customers!
And if the words on your Web page do not entice your customers to buy well you know what happens then, NO SALES!
Web Site Tips And Tactics is a step-by-step manual that shows you the inside tips, and techniques you need to know to succeed on the Web.
The amount of hype on the internet now is mind numbing. It seems that everyone is a master at marketing and becoming a millionaire on the Web. Everywhere I look there is someone with a "new undiscovered secret!" Is there really that many undiscovered secrets out there? I was thinking of calling The Discovery Channel to do some investigating into the world of internet secrets. I really was. Do you think that there is any more secrets left?
Get this through your head now. . .
There Are No Secrets!
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Copyright and Legal
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Your Web Site
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Your Web site is your place of business
- Clean UD That Code
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Links and Navigation
- Link TiDs
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Graphics and Music
Common Mistakes
Meta Tags, Search Engines and Things That Go Bump In The Night
- Crawler Search Encjines or SDiders
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Meta Tags
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Ad Copy
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eLibrary Awards:
Date: 3/5/2008
From: World Wide Web Awards™
E-Library has been selected to receive the World Wide Web Awards™ "Gold"Award.
The World Wide Web Gold Award represents web presence at its best.
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text:
Libertine Black and White Cashmere and Silk "Dog & Bones" Sweater$375
($1,600 approx. retail)
This fun and whimsical "Dog & Bones" sweater by Libertine is a chic piece that is great for dressing up or down. Cashmere and silk blend for a luxurious feel. Black and white colorway. A design of a dog's head and cross bones at the front and the word "RUUUFF!" at the back. Crew neckline. Unlined sweater pulls on. Please note this new item comes to you directly from a high-end boutique. Retails for $1,600.
Size: Small
Made in: USA
Color: Black, White, Blue
Content: Cashmere and Silk
Condition: New with tags. No visible signs of wear from trying on.
- Shoulder to Shoulder: 15.5"
- Bust: 36"
- Waist: 30.5"
- Hips: 29"
- Shoulder to Hem: 24.5"
- Sleeve Length: 26"
RETURNS: We accept returns of clothing and shoes when notified via email to email@example.com within 3 days of receiving the item/items. Handbags, accessories and jewelry are final sales. We only accept returns on these items if they are in the condition they were received. Items must have original Luxury Garage Sale tags and be unworn.
SHIPPING: Standard shipping in the Continental US is free via FedEx Ground. Second Day Air is $25 and next-day air is $45. International shipments are a flat rate of $45.
- All
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- Sweaters
- Clothing
- Black
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- New With Tags
- Libertine
- Designers
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- Libertine
- New Arrivals
- $200-500


text:
- Home/
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- West Virginia Mountaineers/
- West Virginia Mountaineers 24oz Water Bottle
West Virginia Mountaineers 24oz Water BottleITEM: #44540212
please select a size
Hardline Sizes: 24OZ
Take your WVU Mountaineers pride to the gym with this West Virginia Mountaineers Water Bottle. This Water Bottle features a clear water bottle with embroidered team logo and lid. Hail, West Virigina!
- Great for both hot & cold
- Made in America
- Microwave and dishwasher safe
- Reduces condensation
- Fits most cup holders (excluding mug)
- Water bottle includes pictured lid


text:
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Tricky questions for Nicola Sturgeon
- 9 December 2016
- From the section Scotland politics
It was, for the first minister, a particularly tricky question. Her policy position meant that she was not minded to say Yes. However, it was difficult in the circumstances to say No.
Then again, the issue itself placed governmental quandaries decidedly in context. We are talking about historical allegations of abuse suffered by young football players at the hands of coaches whom they had trusted.
By contrast with the misery suffered by these youngsters, the complexities of government and political life are minor matters.
To be fair, this was entirely acknowledged in the tone adopted by our parliamentarians. They were serious, empathetic and focused.
Starting with Labour's Kezia Dugdale. There is already an inquiry under way into child abuse suffered by youngsters in care. That is scheduled to last four years.
Labouring over the 'Scottish Question'
- 7 December 2016
- From the section Scotland politics
For years, frankly for decades, Labour has wrestled somewhat uncomfortably with the Scottish Question. Initially, with the concept of devolution, more recently with its consequences.
For years, frankly for decades, Labour leaders - either from Scotland or Westminster - would seek to project their "issue of the day" at public events north of the border.
Testing times for Scottish education
- 6 December 2016
- From the section Scotland politics
The early years of John Stuart Mill, it would seem, were scarcely devoted to the pursuit of pleasure.
Not for him interactive computer games involving gruesomely athletic dwarves - or even their 19th Century equivalent, tales of fantasy and folklore most famously gathered, as John grew up, by the Brothers Grimm.
Debating dualism: the Article 50 court case
- 5 December 2016
- From the section Scotland politics
An intriguing opening day at the UK Supreme Court as their lordships ponder whether Parliament must have a role prior to the triggering of Britain's intended departure from the European Union.
You will recall, perhaps, that the High Court said: yes, it should. The UK Government takes the view that, as it concerns an international treaty, it is rightly a matter to be determined in the first instance by the UK government, acting under Royal prerogative.
Read full article Debating dualism: the Article 50 court case
Scaring Tavish Scott at FMQs
- 1 December 2016
- From the section Scotland politics
It takes a lot to scare Tavish Scott. He is after all from Shetland where the weather frequently rivals Antarctic conditions. In June.
But, apparently, recent developments in Scotland have left him in a state of fear and trembling, to borrow from the title of Søren Kierkegaard's greatest thriller. (Don't bother looking up the plot, turns out the jannie did it.)
St Andrew's Day at Whitehall and Holyrood
- 30 November 2016
- From the section Scotland politics
From behind the Prime Minister, a voice could plainly be heard: sibilant yet insistent. Sshh, said the voice.
The implication being that the House should fall silent to hear the ensuing pronouncement from the PM.
Post Brexit vote: Deciphering the messages
- 29 November 2016
- From the section Scotland politics
Voices, voices. The First Minister in Dublin. Her Brexit Minister, Mike Russell, in Holyrood. UK Ministers, reportedly seeking to have their cake and eat it too. And of course the verdict from Malta.
Malta? Yes, Malta. A (continuing) member of the European Union. And the state which will hold the EU presidency from the beginning of 2017 - including the period when Brexit is due to be triggered.
Read full article Post Brexit vote: Deciphering the messages
First Minister's Question: Train talks and budget deals
- 24 November 2016
- From the section Scotland politics
In politics - as on our railways - timing is key. Such became clear once more during questions to the First Minister at Holyrood today.
I suspect Ruth Davidson knows by now that she should have tackled the FM on the issue of rail transport last week. She did so today - but stumbled over a tricky set of points, somewhat derailing her attack.
Read full article First Minister's Question: Train talks and budget deals
Straight man chancellor plays it for laughs
- 23 November 2016
- From the section Scotland politics
Michael McIntyre, I feel certain, can rest easy - content that his droll role remains unchallenged by the chancellor.
I doubt, for example, that any of Scotland's fine panto producers are this very moment picking up the phone to Phillip Hammond to offer him a comic role.
Read full article Straight man chancellor plays it for laughs
Team Dugdale do the loco commotion
- 17 November 2016
- From the section Scotland politics
What a way to run a railway. That, pared to its essence, was the challenge posed at Holyrood by Labour's Kezia Dugdale. It followed widespread disruption to the ScotRail network caused by a single train failure at a key junction in Edinburgh.
Want to know how that Parliamentary challenge emerged? Early this morning, one of Ms Dugdale's more senior and enthusiastic staffers found himself in the Labour corridor, alone and palely loitering.


text:
Listed by: Kurilla Real Estate LTD
8093 Interlachen Road #B Lake Shore, MN 56468 - Upper Gull Lake
For Sale MLS# 4760324
4 beds 4 baths 4,308 sq ft Townhouse/Twinhome
NotificationsTo receive email notifications, you need to update your profile with your email address.
Stunning Gull Lake Narrows townhome couples quality craftsmanship with exquisite cherry hardwoods. This sought after location offers 900 ft of sandy, shared lakeshore. 4,300 sq ft 4 bedr, 4 bath, stone gas FP, exquisite ML master ste, panoramic lake views, floor-to-ceiling windows, HW flg, cherry cabinetry, garden deck w/trellis, spacious fam room, loft, LL bedr w/private patio, and ML laundry. Finished 2 car att gar. Lakeside deck offers sunset views. New roof 2016. Dock included.
Property Type: Residential, Townhouse, Side x Side
Status: Active
Bedrooms: 4
Bathrooms: 4
Lot Size: 0.12 Acres
Square Feet: 4,308 sq ft
Year Built: 1996
Foundation: 1,640 sq ft
Garage: Yes
Property Attached: Yes
Date Available:
Model Home:
Completion date:
Background Check: No
Smoking Permitted: No
In Foreclosure: No
Lender Owned: No
Potential Short Sale: No
Auction: No
County: Cass
Days On Market: 89
Construction Status: Previously Owned
District: 181 - Brainerd
Main Floor
Living Room: 26x18
Den: 16x14
Dining Room: 14x12
Kitchen: 15x15
Bedroom 1: 16x14
Upper Floor
Bedroom 2: 21x13
Bedroom 3: 21x10
Loft: 12x10
Lower Floor
Family Room: 30X20
Bedroom 4: 20x11
Full Baths: 3
1/2 Baths: 1
Additonal Room Information
Family: Lower Level,Family Room
Dining: Eat In Kitchen,Breakfast Area,Kitchen/Dining Room,Living/Dining Room
Bath Description: Main Floor 1/2 Bath,Full Master,Full Basement,Separate Tub & Shower,Whirlpool
Square Footage above: 2,518 sq ft
Square Footage below: 1,790 sq ft
Appliances: Exhaust Fan/Hood, Refrigerator, Dryer, Dishwasher, Washer, Microwave, Range, Electronic Air Filter, Cooktop
Basement: Full, Egress Windows, Day/Lookout Windows
Fireplaces: 1, Gas Burning, Living Room
Additional Interior Features: Walk-In Closet, Kitchen Window, Vaulted Ceiling(s), Hardwood Floors, Tiled Floors, Washer/Dryer Hookup, Natural Woodwork, Ceiling Fan(s), Main Floor Laundry,Main Floor Bedroom,All Living Facilities on One Lev
Water: Shared System
Sewer: City Sewer/Connected
Cooling: Central
Heating: Natural Gas, Forced Air
Attached Garage
Garage Spaces: 2
Parking Description: Garage Door Opener, Attached Garage, Driveway - Shared, Driveway - Asphalt
Exterior: Wood, Brick/Stone
Roof: Age 8 Years or Less, Asphalt Shingles
Lot View: Lake,West
Lot Dimensions: 96x50x96x50
Zoning: Residential-Single
Additional Exterior/Lot Features: Porch, Deck, Dock, End Unit,Multi-Level, In-Ground Sprinkler, Road Frontage - County, Paved Streets
Boat Facilities
Body of Water: Upper Gull Lake
DNR Lake ID: 11021800
Water Front Type: Lake Front
Water Frontage: 918 Ft.
Lake Acres: 462
Lake Depth: 54 Ft.
Lake Bottom: Hard,Sand,Weeds
Lake Chain Name: Yes
Lake Chain Acres: 13497.000
Road Between Waterfront and Home: No
Slope To Waterfront: Gradual
High Point to Waterfront: 15-26
HOA Dues Include: Snow/Lawn Care, Outside Maintenance, Hazard Insurance, Sanitation
Pets Allowed: No
Homeowners Association
Association Name: The Narrows Association
HOA Dues: $500 / Monthly
From Hwys. 371 and 77 (Schaefers): W. on 77 (Interlachen Road) past Zorbaz to Rt. into the Narrows Townhomes. Unit B. (Sign)
Assessments: 66
Covenants/Deed Restrictions: Mandatory Owners Assoc, Architecture Committee, Other Covenants, Other Bldg Restrictions
Terms: Loan Terms - Conventional,Cash
Tax/Property ID: 904110120
Tax Amount: $4,940
Tax Year: 2016
HomeStead Description: Non-Homesteaded
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Watch The Man Called Noon (1973) Free Online
The Man Called Noon
IMDB Link:
Rating: 5.4/10 (212 votes)
Director: Peter Collinson
Writer: Scot Finch (screenplay), Louis L'Amour (novel), Alberto Piferi (dialogue: Italian version), Antonio Recoder (screenplay)
Stars: Farley Granger, Richard Crenna, Rosanna Schiaffino, Stephen Boyd
Runtime: 98 min
Rated: R
Year: 1973
Genre: Western
Quality: HD
Language: English
Released: 11 Aug 1973
|Plot: Noon is a gunfighter who has become amnesiac. Helped by Rimes, an outlaw who has befriended him, he tries to figure out who he is actually. It gradually appears that his wife and kid have been murdered. As time goes by, Noon also recalls a fortune hidden somewhere. Niland, a scheming judge, and Peg Cullane, a greedy will do everything to prevent Noon and Rimes from achieving their end while Fan Davidge, a woman living in a ghost town, will support them.
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August 22, 2011
MARIO K. MOORE, PLAINTIFF,v.MICHAEL MCDONALD, ET AL., DEFENDANTS.
I. Introduction
Plaintiff is a state prisoner proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), filed May 19, 2011. Defendant argues that this action should be dismissed because plaintiff is a member of a class of claimants covered under a pending class action lawsuit in Plata v. Schwarzenegger, Case No. C-01-1351 THE (N.D. Cal. 2001). Defendant also argues that he, as the Warden, does not have the power to change the policies or procedures relating to the delivery of medical care in the California prison system because all such powers are vested exclusively in the court-appointed receiver.
After carefully considering the record, the undersigned recommends that defendant's motion be denied.
II. Legal Standards for Motion to Dismiss
Rule 12(b)(6) of the Federal Rules of Civil Procedures provides for motions to dismiss for "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). In considering a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), the court must accept as true the allegations of the complaint in question, Erickson v. Pardus, 551 U.S. 89 (2007), and construe the pleading in the light most favorable to the plaintiff. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969); Meek v. County of Riverside, 183 F. 3d 962, 965 (9th Cir. 1999). Still, to survive dismissal for failure to state a claim, a pro se complaint must contain more than "naked assertions," "labels and conclusions" or "a formulaic recitation of the elements of a cause of action." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007). In other words, "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements do not suffice." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Furthermore, a claim upon which the court can grant relief must have facial plausibility. Twombly, 550 U.S. at 570. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S. Ct. at 1949. Attachments to a complaint are considered to be part of the complaint for purposes of a motion to dismiss for failure to state a claim. Hal Roach Studios v. Richard Feiner & Co., 896 F. 2d 1542, 1555 n.19 (9th Cir. 1990).
A motion to dismiss for failure to state a claim should not be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claims which would entitle him to relief. Hishon v. King & Spalding, 467 U.S. 69, 73 (1984). In general, pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). The court has an obligation to construe such pleadings liberally. Bretz v. Kelman, 773 F. 2d 1026, 1027 n.1 (9th Cir. 1985) (en banc). However, the court's liberal interpretation of a pro se complaint may not supply essential elements of the claim that were not pled. Ivey v. Bd. of Regents of Univ. of Alaska, 673 F. 2d 266, 268 (9th Cir. 1982).
III. Discussion
A. Plaintiff's Claims
This action is proceeding on the original complaint filed December 27, 2010. The only defendant is Michael McDonald, the Warden at High Desert State Prison ("HDSP"). Plaintiff alleges that he has not received adequate medical care for his diabetes. In particular, plaintiff alleges that he has not received the proper doses of insulin, which caused him to suffer fatigue, shortness of breath and difficulty seeing. Plaintiff also alleges that he has not received a proper diabetic diet. Plaintiff claims that he is served meals with a high sugar content.
Plaintiff seeks injunctive relief only. In particular, plaintiff requests that he be transferred to either San Quentin or "Vacaville State Prison." Plaintiff also requests that the court order defendant to "administer care that is consistent with the care a diabetic receives in society."
B. Analysis
Defendant argues that plaintiff may not pursue any injunctive relief in this action, asserting that plaintiff's claims and request for relief are subsumed by the Plata class action.
The court takes judicial notice*fn1 of the Plata "Stipulation for Injunctive Relief." (Dkt. No. 28-1 ("Stipulation" or "Stip.")). Plata is a class action of inmates in California state prisons with serious medical needs. (Stip. at ¶ 1.) Plaintiff, a HDSP inmate with serious medical needs, is necessarily a member of the Plata class. (Id. at ¶ 1.) The Stipulation requires that all members of the class receive constitutionally adequate medical care consistent with applicable policies and procedures in effect as of February 2002. (Id. at ¶ 4.) Any disputes as to the adequacy of these policies and procedures are to be resolved pursuant to the dispute resolution procedures set forth in the Stipulation. (Id. at ¶¶ 26-28.) Disputes relative to the treatment of individual prisoners are to be pursued through the administrative grievance process, and then through private mediation with defendants. (Id. at ¶ 7.) These procedural requirements may be suspended only for inmates "requiring urgent medical care." (Id. at ¶ 7.)
The Ninth Circuit has held that a plaintiff who is a member of a class action for equitable relief from prison conditions may not maintain a separate, individual suit for relief that is also sought by the class, but may pursue equitable relief that "exceeds," "goes beyond" or is "not covered" by the class action. Crawford v. Bell, 599 F.2d 890 (9th Cir. 1979) (reversing district court's dismissal of plaintiff's claims for relief that were not included in a class action challenging overcrowding); accord, McNeil v. Guthrie, 945 F.2d 1163, 1166 n.4 (10th Cir. 1991) ("class members may bring individual actions for equitable relief when their claims are not being litigated within the boundaries of the class action"); Rivera v. Bowe, 664 F. Supp. 708, 710 (S.D.N.Y. 1987) ("it would be improper to foreclose the parties from pursuing separate claims where such claims are not encompassed and litigable within the original action," citing Crawford). In contrast, individual damages claims may clearly be pursued. "[T]he general rule is that a class action suit seeking only declaratory and injunctive relief does not bar subsequent individual damage claims by class members, even if based on the same events." Hiser v. Franklin, 94 F.3d 1287, 1291 (9th Cir. 1996).
However, the Ninth Circuit has not addressed whether, or to what extent, Plata precludes a California inmate from pursuing an independent lawsuit for individual injunctive medical relief, and the distinction drawn in Crawford has been cited only infrequently. This court has found only one published district court decision addressing the matter. In Burnett v. Dugan, 618 F .Supp. 2d 1232 (S.D. Cal. 2009), the court granted preliminary injunctive relief to the plaintiff, who sought a court order requiring defendants to adhere to "chronos" setting forth plaintiff's medically-indicated housing needs. The district court noted that plaintiff was "not seeking relief on behalf of all the other inmates in the CDCR," nor seeking "broad based reform of the CDCR's medical practices which is the subject of the Plata litigation," but rather sought relief that was "quite narrow and specific to Plaintiff." Burnett, 618 F.Supp.2d at 1237. The court rejected defendants' argument that plaintiff was "automatically precluded from seeking injunctive relief for his medical related issues unless he first seeks relief as a member of the Plata class," noting that defendants "cite to no authority that requires any plaintiff follow the Plata procedures when they are attempting to enforce a specific medical treatment or doctor's order related only to that individual plaintiff." Id. The court also relied on the exception set forth in the Plata stipulation authorizing the suspension of its procedural requirements for inmates "requiring urgent medical care." Id.
Although some courts have applied reasoning similar to that articulated in Burnett to permit Plata plaintiffs to pursue individual claims for injunctive relief, there is a divergence of opinion among the unpublished district court decisions addressing this matter. Some courts have concluded that the plaintiff may not pursue any action for individual equitable relief during the pendency of the Plata class action. See e.g. Grajeda v. Horel, et al., 2009 WL 302708, *5-6 (N.D. Cal. 2009) (dismissing plaintiff's equitable claims to obtain, inter alia, a cane and leg brace because such relief is encompassed by Plata); Meyer v. Schwarzenegger, 2008 WL 2223253, *14-15 (dismissing plaintiff's claim to obtain, inter alia, physical therapy for his chronic knee condition because he was "precluded, as a member of the Plata class from seeking injunctive relief in an individual action"); Diaz v. Sisto, 2010 WL 624618, *8 (E.D. Cal. 2010) (plaintiff, a diabetic, claiming that the simultaneous lines for obtaining insulin and food were too long to accomplish both, sought insulin injections twice a day and sufficient food, as well as a court order modifying the time for providing treatment to insulin dependent diabetics; the court dismissed "any claim for injunctive relief Plaintiff may have [because it] would fall under the class action in Plata[,]" citing Meyer, supra, 2008 WL 2223253); Jackson v. Lee, 2009 WL 3047012 (N.D. Cal. 2009) (dismissing plaintiff's claims for equitable relief regarding the quality of his personal medical care because subsumed by Plata and another class action).
Other cases, like Burnett, have more narrowly precluded only those equitable claims that seek broad, systemic changes targeted by the Plata class action. See e.g. Bovarie v. Schwarzenegger, 2010 WL 1199554, *7 (S. D. Cal. 2010) (dismissing plaintiff's claims for injunctive relief seeking "system-wide, structural reform . . . [t]hat is precisely the objective of the plaintiffs in Plata [,]" noting that the result may be different if plaintiff were seeking "injunctive relief that is specific to his medical needs or the circumstances of his incarceration"); Chess v. Dovey, 2009 WL 2151998, *6 (E.D. Cal. 2009) (dismissing plaintiff's claims for "broad injunctive relief requiring implementation of a pain management program for all chronic care patients, the building of a diet kitchen, implementation of a physical therapy program and various other system-wide changes in the medical care provided in California prisons") (internal quotations omitted); Martinez v. California, 2008 WL 782861, *3 (E.D. Cal. 2008) (denying defendants' motion to dismiss plaintiff's equitable claims based on plaintiff's representation that he was "not seeking injunctive relief as to issues that were litigated in Plata"); Tillis v. Lamarque, 2006 WL 644876, *9 (N.D. Cal. 2006) (finding that plaintiff's request for a transfer to another institution was not barred by Plata because "[p]laintiff is seeking relief solely on his own behalf"); Burnett v. Faecher, 2009 WL 2007118 (C.D. Cal. 2009) (rejecting defendants' "apparent" argument "that no inmate in the entire state can bring any Eighth Amendment claim seeking equitable relief for inadequate medical care until the class action filed in 2001 has been fully litigated"); Rincon v. Cate, 2010 WL 5863894, *4 (S.D. Cal. 2010) (authorizing plaintiff to "maintain a separate suit arising from his discrete medical condition"); Watson v. Sisto, 2011 WL 533716, *4-8 (E.D. Cal. 2011), adopted 2011 WL 1219298 (E.D. Cal. 2011) (granting in part defendants' motion to dismiss plaintiff's claims for injunctive relief, authorizing plaintiff to proceed only on his "discrete, individualized claims for equitable relief").
The court's review of these cases and the Plata stipulation supports the reasonable construction set forth in Burnett, as the undersigned previously concluded in Watson v. Sisto, supra, 2011 WL 533716. The court applies that analysis here.
Plaintiff does not challenge institutional and state policies and procedures relative to the general provision of medical services. Instead, plaintiff requests that he be transferred to a different prison. Although plaintiff requests that he receive the same care for his diabetes as persons not in prison receive, the complaint contains claims regarding insulin and diet which the undersigned construes as seeking relief only as applied to plaintiff. Accordingly, the undersigned construes the complaint to seek injunctive relief regarding these two issues only. Because these discrete, individualized claims for equitable relief are not encompassed within the Plata class action, they should not be dismissed pursuant to the instant motion.
Defendant further argues that only the court-appointed received is authorized to provide the injunctive relief sought by plaintiff. Defendant contends that on February 14, 2006, the court in Plata appointed a received to take control of the delivery of medical services to all inmates, except those housed at Pelican Bay State Prison. Defendant contends that the health care system of the California Department of Corrections is no longer under the State of California's control.
The court takes judicial notice of the Order Appointing Receiver ("Order"). (Dkt. No. 28-2.) The Order, issued in Plata, appointed the receiver to provide "leadership and executive management of the California prison medical health care delivery system with the goals of restructuring day-to-day operations and developing, implementing, and validating a new, sustainable system that provides constitutionally adequate medical care to all class members as soon as practicable." Id. at 3. The Order does not divest defendant Warden of his power to respond to individual requests for injunctive relief.
For the foregoing reasons, IT IS HEREBY RECOMMENDED that defendant's motion to dismiss (Dkt. No. 27) be denied; defendant be ordered to answer the complaint within twenty days of the date of this order.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within 14 days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Tenancies usually start with an agreed fixed-term, (for example 6 or 12 months) during which time both parties are contractually bound - the tenant to pay rent for the full term, and the landlord to allow their exclusive possession and quiet enjoyment.
Once the fixed-term of a tenancy has expired, however, unless a new fixed-term is agreed to, all tenancies automatically become periodic tenancies. These are based on the rent payment period - weekly or monthly etc. The periodic tenancy can then continue on until one side, landlord or tenant, gives notice.
At the end of the fixed-term, therefore, there is no legal requirement for either party to do anything - the tenancy can continue on indefinitely on a periodic basis and on exactly the same terms as the original agreement, which still fully applies.
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Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an "LME undertaking") is an undertaking by the person giving it (the "subject") to comply with any prohibitions, restrictions and requirements set out in the undertaking


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Laptop computers have become mobile stores of massive amounts of information. Add to that the proliferation of removable hard drives, and it becomes crystal clear how much sensitive data is on the move in the world, most of it woefully underprotected...
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First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.
For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.
The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.
The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.
My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.


text:
Ultraviolet [electronic resource] / R.J. Anderson.
Electronic resources
Record details
- ISBN: 9780761379478 (electronic bk.)
- ISBN: 0761379479 (electronic bk.)
- Physical Description: 1 online resource (306 p.)
- Publisher: Minneapolis, MN : Carolrhoda Lab, c2011.
Content descriptions
|General Note:
| "Everything you believe is wrong"--Cover.
|Summary, etc.:
| Almost seventeen-year-old Alison, who has synesthesia, finds herself in a psychiatric facility accused of killing a classmate whose body cannot be found.
|Source of Description Note:
| Description based on print version record.
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text:
Welcome to Dan Baker's Strength and Power Training
Dan Baker has been the strength and power training coach for the World Famous Brisbane Broncos Rugby League Team since October 1995. But he also has an extensive coaching career including working with the Queensland Reds Rugby Union team, as well as coaching elite athletes in mixed marital arts (cage fighting), diving, soccer, netball, track & field and of course, powerlifting.
If you are looking for information to improve your strength and power training or sports performance you have come to the right site. There are a number of great free articles to download as pdf's, as well as numerous articles to purchase that might suit your specific needs. Please visit the articles page regularly as both free and for-purchase articles are added regularly.
We also stock some great strength and power training aids such as our own brand of resistance bands, powerlifting belts, chin-up belts, lifting straps, abdominal slings for hanging ab exercises, Hanging Gym Handles (a suspended bodyweight training device similar to TRX, but only $65), flexibility/mobility bands, Mini-bands from Perform Better, Tiger Tail massage canes and the Manta Ray squat device. Also available is the new DVD titled "How to use bands & chains for strength, power and muscle size" from this site and the fantastic DVD on bodyweight training is available at the ASCA site (www.strengthandcondtioning.org). More products are being added, so please visit the products page regularly.
Need Dan's services to update your own coaches or to speak at a workshop, symposium or conference? Dan is a dynamic and sought after lecturer and presenter who has presented in the USA, UK, South Africa, New Zealand as well as Australia. Please visit the services page to see the greatest product Dan can offer – his knowledge and experience.


text:
Alyce Designs Bridesmaid Gown 1198
This style has been discontinued by the designer and is no longer available.
Please Contact Us to help you find a similar style.
Material: New Taffeta
Sweet heart neckline, pleated bodice. A-line skirt. Customized
color on sash.
Colors: victorian, black, bordeaux, celadon, cranberry, crystal
blue, gold, hot pink, ivory, orchid, lilac, navy, periwinkle,
persimmon, platinum, sage, sky blue, sweet pea, tangerine, violet
Sizes: 0 - 32
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