text:
- Art (310)
- Art News (11)
- Behind the Scenes (114)
- Curatorial (198)
- Education (86)
- Events (51)
- Exhibitions (95)
- Library/Archives (22)
- Membership (6)
- Museum Buildings (4)
- Museum Store (18)
Recent Comments
- Dr. Holger Birkholz on From the Collection– "Meissen in Winter" by Ernst Ferdinand Oehme
- From the Vault: Rubber Stamp Portfolio, 1977 | Milwaukee Art Museum Blog on Herzfeld Photography, Print, and Drawing Study Center
- Diseño para el museo ágil y responsivo – NodoCultura on Help Us Prototype Your Museum Experience
- From the Collection: Monumental Orientalist Vase | Milwaukee Art Museum Blog on From the Collection–Mother of the World by Franz Ittenbach
- From the Collection: Monumental Orientalist Vase | Milwaukee Art Museum Blog on From the Collection: A Pair of Paintings by Alexandre Cabanel
Recent Posts
Latest Tweets
- MEMBERS: Reserve your spot on our Warmth in Winter tour, 12/10. ow.ly/Nqlz306E824 https://t.co/dRHB1rmafI - 19 hours ago
- What are you doing to enjoy (or avoid) the first snowfall? We're admiring this Richard Jansen painting:… twitter.com/i/web/status/8… - 1 day ago
- RT @SheldonDutes: #FirstFriday at @MilwaukeeArt https://t.co/NJ1Qi99k5U - 2 days ago
- Have NYE plans yet? bit.ly/2gQt4dQ - 2 days ago
- RT @maximumbeth: Gorgeous view inside the @MilwaukeeArt in @visitmilwaukee @WITSummit #wits17 https://t.co/J57Yba1BR8 - 2 days ago
Stay Connected
Tag Archives: Sir Joshua Reynolds
From the Collection–Miss Frances Lee by Francis Cotes
The Milwaukee Art Museum has in its collection a beautiful portrait by Francis Cotes, one of the highlights of the Museum's Gallery of 18th century English and Italian Works (gallery #7, main level). Cotes' story is an interesting one. Francis … Continue reading
Posted in Art, Curatorial Tagged 18th Century Art, english art, Frances Lee, Francis Cotes, Sir Joshua Reynolds, Thomas Gainsborough 4 Comments


text:
Liking us on Facebook currently requires no access to any personal information, and will help keep you updated on
promotional offers we run from time to time. Simply click the "Like" below, or from our
Facebook page.
It's just that simple!
Now effective high-energy massage techniques are easy for anyone to learn! In Performance Massage Robert K. King, former National President of the American Massage Therapy Association, explains massage therapy for athletes, dancers, and other physically active people. Coaches and fitness professionals will also find this book to be a valuable reference. Even if the reader has never given or received a massage, this book makes it easy to do! The book is loaded with over 150 color photos that guide the reader step-by-step through all of the skills needed to do Performance Massage with a training partner. Performance Massage is different from popular relaxation or medical massages in several ways. First, it features a unique combination of muscle stretching and high-impact massage techniques designed to enhance athletic and artistic performance, reduce and prevent injuries, and complement an active lifestyle.In addition to the basic skills and techniques for therapeutic massage, the book features detailed instructions for a whole body massage. It also includes reference information on equipment, touching skills, receiving a massage, and the benefits of ongoing Performance Massage. Performance Massage can easily be incorporated into anyone's fitness regimen. It's a great way to enhance muscle fitness and improve performance!
click to see more
click to see more
NBA Golden State Warriors Sidelines Bedding - Comforter
NBA Cleveland Cavaliers Sidelines Bedding - Comforter
Sports Coverage Golden State Warriors Sidelines Bedding Series Custom Package
Sports Coverage Cleveland Cavaliers Sidelines Bedding Series Custom Package
Imperial MLB Chicago Cubs BlueTooth Video Chair
SportsKids.com is an advocate of COPPA Childrens' Privacy Protection. Since certain personally identifiable information must be obtained to complete a shopping transaction, children under 13 MUST
be in the presence of a parent or guardian when making a purchase here.

subset: commoncrawl


text:
Book online or call 800-246-8357This call is free. 24 hours a day; 7 days a week.
Hotels near Pokhara (PKR), Pokhara
Hotels near Barahi Temple, Pokhara
Hotels near Bindhyabasini Temple, Pokhara
Hotels near Devi's Fall, Pokhara
Hotels near Mahendra Cave, Pokhara
Hotels near Pokhara International Mountain Museum, Pokhara
Hotels near World Peace Stupa, Pokhara
Sign up for our latest offers
Download the app and book on the go
Join now to collect 10 nights, get 1 free*
© 2016 Hotels.com, L.P. All rights reserved.
Hotels.com and the Hotels.com logo are trademarks or registered trademarks of Hotels.com, LP in the U.S. and/or other countries. All other trademarks are property of their respective owners.
* Learn more about Hotels.com® Rewards


text:
Vector 5.9 SOHO edition released on Friday.
Vector has announced the release of Vector 5.9 SOHO which is available in their store.
VectorLinux 5.9 SOHO DELUXE Edition has been released.
The VectorLinux team is pleased to announce the availability of the latest and greatest SOHO Edition to our CD store. This is a wonderful chance to support Vector and get a rock solid, full featured ultra fast Desktop System. Our careful customization of KDE gives this release the traditional speed of VectorLinux and a very unique look and feel. An extraordinary set of tools is provided out of the box, and the Multimedia Bonus Disk with SOHO extra's is included.
you can find out more at http://vector2.ecosq.com/
- kc1di's blog
- Login or register to post comments
- Printer-friendly version
- PDF version
More in Tux Machines
- Highlights
- Front Page
- Latest Headlines
- Archive
- Recent comments
- All-Time Popular Stories
- Hot Topics
- New Members
Linux Foundation and Linux
openSUSE Tumbleweed Users Get Git 2.11, Xfce 4.12.3, FFmpeg 3.2.1 & Mesa 13.0.2
openSUSE's Douglas DeMaio reports on the latest Open Source and GNU/Linux technologies that landed in the repositories of the openSUSE Tumbleweed rolling operating system.
What Is A VPN Connection? Why To Use VPN?
We all have heard about VPN sometime. Most of us normal users of internet use it. To bypass the region based restrictions of services like Netflix or Youtube ( Yes, youtube has geo- restrictions too). In fact, VPN is actually mostly used for this purpose only.
The Libreboot C201 from Minifree is really really really ridiculously open source
Open source laptops – ones not running any commercial software whatsoever – have been the holy grail for free software fans for years. Now, with the introduction of libreboot, a truly open source boot firmware, the dream is close to fruition. The $730 laptop is a bog standard piece of hardware but it contains only open source software. The OS, Debian, is completely open source and to avoid closed software the company has added an Atheros Wi-Fi dongle with open source drivers rather than use the built-in Wi-Fi chip.


text: Inspired by Dan's pics I wrestled the DSLR of my ex and headed out to Mt Cootha for some darkness. Let me know what you think! .................................................................. things I learnt for the next time light painting 1: polish polish polish 2: clean tyres 3: lights the spokes and get the reflect tape 4: keep moving .


text:
Follow Us:
WASHINGTON – It's no surprise to O&P stakeholders that private payers are picking up on a widely criticized proposed rule by Medicare to deny coverage for prosthetic devices that were previously covered.
WASHINGTON – CMS has shelved its plans to change the coverage requirements for lower limb prostheses in favor of forming a workgroup to revisit the issue, but O&P stakeholders say they won't be involved.
WASHINGTON – The American Orthotic & Prosthetic Association will recognize three individuals for their contributions to the O&P community next month.
LINTHICUM, Md. – O&P stakeholders commented at a public hearing, staged a protest and participated in a high-stakes meeting with CMS, all in one day, in their bid to reverse proposed coverage changes for lower limb prostheses.
BALTIMORE – Hundreds of amputees and prosthetic stakeholders converged on CMS Wednesday to protest drastic proposed changes to the local coverage determinations for lower limb prostheses.
ALEXANDRIA, Va. – The National Association for the Advancement of Orthotics and Prosthetics has launched a petition asking the White House to rescind proposed coverage changes for prostheses.
BALTIMORE – The DME MACs have released a draft local coverage determination for lower limb prostheses.
WASHINGTON – A bill that would require Medicare to pay only licensed providers for orthotics and prosthetics (O&P) is a proverbial hat trick, say industry stakeholders.
WASHINGTON – If you ask a person with a prosthetic limb whether it's a good value, they are likely to laugh at you.
BALTIMORE – It's been more than a year in the making, but industry stakeholders are still puzzled by CMS's finalized list of off-the-shelf (OTS) orthotics.
© 2016 United Publications Inc. ALL RIGHTS RESERVED


text:
Connecting Families to Senior Living
Talk to a local advisor for FREE
Talk to a local Advisor about this community
Contact this community at:
(866) 333-2174
3049 Esplanade
Facility License: 045002441
Caretypes Provided: Alzheimer's Memory Care
Pricing is available for the following rooms:
*Prices quoted are monthly rental charges and are provided by the communities themselves. Actual prices may differ due to one-time fees, timing and care services required. Speak with your Senior Living Advisor to learn more.
Our apologies. Pricing is currently unavailable for this particular community.
Amber Grove Place is an assisted living community located in the beautiful and bustling Chico, Butte County, California. Our gorgeous and sprawling grounds are beautifully landscaped, complete with large gardens complete with walking paths and even secure courtyards for residents receiving memory care. Chico, California itself is a beautiful city surrounded by gorgeous landscapes, flowing creeks, and scenic parks. Shopping and delicious restaurants are just a short car ride away from Amber Grove Place ensuring that you have the best that city life and natural scenery have to offer.
The dedicated and caring staff working here at Amber Grove Place are ready and willing to provide our residents with all the care they could possibly need. Our extensive memory care services include care of Alzheimer's and other forms of dementia. We have an on-staff fulltime nurse who works under the supervision of our medical director. Additional services include medication assistance, as well as numerous medical and physical services.
On top of these care services our dedicated staff at Amber Grove Place provide, residents are also able to enjoy the numerous amenities that we offer. Some of these amenities include:
Amber Grove Place is the assisted living community for you if you are looking for a place that will help you to feel relaxed while simultaneously allowing you to maintain your independence and freedom.
Schedule an appointment with an Advisor
out of 8 reviews
Amber Grove Place
Add a Review
"He seems to be accepting that this move was an
important and necessary one. I am so very grateful for
that as I feared a huge struggle. This wouldn't have
happened as easily as it did without your help and
Claire F.P., Found Assisted Living in Concord, CA
"I want to thank you with all my heart for helping me through
this. From that first crying mess of a lady you talked to, to the
person that's writing now. You helped me in more than just
all the professional aspects of this journey. You are my
Dawn D., Found Alzheimer's Memory Care in Mission Viejo, CA
The staff really takes care of the residents well here. They are kind with just the right amount of compassion. Very professional. The facility is modern and clean. I think this facility provides t... more...
Call Now (866) 333-2174
Get the latest tips, news, and advice on aging and caregiving.
A Place for Mom is the largest assisted living referral service. We are paid by our participating communities, therefore our service is offered at no charge to families.
Copyright ©2016 A Place for Mom, Inc. All rights reserved.


text:
Wendy did photography on our networking design event. The photos are great quality and you can tell she's got talent. Wendy knows how to talk to people and make them feel more confident and comfortable. We will definitely use Wendy's services for our event next year.
Last year for my daughters 9th birthday i got Bryce to come along to her birthday party to take some photos. I was nicely surprised with the fact he bought his girlfriend to assist him & they took my daughter to a local garden which they had the exclusive use of for some pre-bi..
Get your job done right
We verify our businesses
Only hire the best
Free to request and free to hire!
Dolls Point, NSW
Corporate, Product
CD / DVD, Email them to me??
Less than $1,000
We have a startup small business called Keytech Locksmiths. We need photos of the van and the Locksmith for use on various websites including our own.
We don't have a date for the job yet - I a...Make a similar request


text:
met art
Free erotic art galleries of sexy bodies and nude tits, free home porn photos beautiful girls com! here you ll find from over world. Met Art is a website dedicated to all the true fans hot babes who are willing take off their clothes pose in front webcam while spreading long update our daily! huge selection met-art girls naked met pictures. MET has models revealing virginal pictures videos as captured by world-famous photographers naked babes pussies. Visit Art: site that sets standard for erotic/glamor style sites the galleries world s finest model photography. Packed with girls posing many different settings metart updates site video amount : 1000 picture 8000 overall rating 96/100 read review concept introduction. Selink « Anmel A Nude Pictures offers one largest highest quality collections erotica this softcore library. Look at this girlie a, hottest girlies most recent teen met-art. There no doubt, you will love - models pics, metart @ bravo erotica best sites! on can hundreds models! we update daily only merart galleries! watch sexiest women my largest, freshest classiest world! focus photography, not raunchy. WELCOME TO THE MET-ART GENERATED GALLERY PORTAL quadras lucy c do want know what beauty loves all? young girl blue eyes tasteful big breasts. Porn Galleries, Members Login, Videos, Pictures, Movies welcome metbabes. Photos Click here bookmark this com, your dose source updated featuring world famous. MetArt1 com! Here You ll find from over world


text:
Rainbow Tanning & Beauty
manicure, pedicure, Nail Extensions
BioSculpture gel is the leading gel application for nails. Not only can it provide a protective layer to your natural nails ensuring healthy nail growth but it will also leave your nails looking great until your next appointment. BioSculpture is the only gel nail system that uses preparation products that puts vitamins and nutrients back in to your nail and there's no abrassive filing needed as with acrylic systems, so it does not damage your nails. BioSculpture gel can be used as an overlay to your natural nail and can be used on weak, damaged or ridged nails that require a bit of extra support as well as natural healthy nails just for it's long lasting colour. The gel can be used to repair tears in the nail, sculpt individual extensions to match the length of your other nails or sculpt a full set. The end result is always natural looking nails with long lasting colour.
Print this page
Enhance your eyes with a natural look that compliments your features.
Manicures and Pedicures are designed to take care of your hands and feet and provide you with a relaxing and refreshing treatment.
Fake Bake Self tanning products will give you the benefit of obtaining a natural looking tan yourself. The product range includes exfoliators, to prepare your skin, the tan product to give you a natural looking colour and moisturisers to help you maintain your tan.
A Fake Bake Spray Tan will give you a natural looking tan perfect for any occasion. A good looking tan will not only make you look better but will also make you feel better, boosting your confidence immediately. Best of all a good tan will give you the appearance of looking slimmer.
Create your free Hotfrog business profile
Follow Hotfrog on:
Share on:
Hotfrog Small Business Hub


text:
Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
User Project create >> error
I have a user with Manager privileges to the project module. When the user tries to create a new project this error appears:
Access Denied
The requested operation cannot be completed due to security restrictions. Please contact your system administrator.
(Document type: Project, Operation: read)
What is the cause of this / how can I fix it?
It seems like a Bug to me. I recall discovering this before. If I Create the Project for "All Users" I can Save it. I cannot for "Employees Only" on first save. However, I can immediately update it to "Employees Only" and it will Save. At least a work around if I can remember the steps.
Have you check the project manager access rights? Maybe you can go to the setting || groups , then search for project.
look for the project/manager, and check the access rights tab?
thats it! thank you very much
Hi, same problem for me, but access rights seems to be good. Problem occurs only when "Employees Only" or "Followers Only" is selected in the combo box. No problem when "All users" is selected. Any idea ?
Your Answer
Please try to give a substantial answer. If you wanted to comment on the question or answer, just use the commenting tool. Please remember that you can always revise your answers - no need to answer the same question twice. Also, please don't forget to vote - it really helps to select the best questions and answers!
About This Community
Question tools
|Asked: 7/17/13, 12:54 AM
|Seen: 1246 times
|Last updated: 3/16/15, 8:10 AM


text: Its new for me. I laid down and let the music play while it was in my pocket. When I got it to change the music, it was in sleep mode and it wasn't responding for nothing, no home button, no sleep button, nothing and the most incredible was the music kept on playing. I remembered the last thing I did was to open the Periodic Table app, I was having a chemistry class. I hope someone finds a way out to fix it. I didnt tried to restore it yet, Im at school Please Register or Log in to view images So, what do you suggest?


text:
Unique Arts-ful Gifts For All Ages!
Offer Valid 08/29/2016 - 12/31/2016
Find unique, arts-based gifts at The Store @ SCPA and The Shop @ SMoCA, and receive 10% off any single item purchase. All sales are tax-free, and shipping is available to any location in the United States.
Your purchase supports the programs of the nonprofit Scottsdale Center for the Performing Arts and SMoCA. Limit one coupon per customer. Some restrictions apply; discount may not be combined with other offers


text:
Sign In
See All Disney On Ice: Princesses & Heros Events
Van Andel Arena
February 27, 2014, Thursday @ 7:00pm
With millions of fans nationwide, Ticket Monster
is your destination for exclusive discounts on
sports, concerts, and theater tickets.
Sign up and never miss a deal!
Enter your email address and we will send you an email with instructions on how to reset your password.


text:
Have you ever considered how much fun it would be to have a pool in your own backyard? That would definitely mean that you can dive into in any time you want. Most people have to wait to go to a public swimming pool when it is open in order to enjoy the benefits of a good swimming pool. But now with the help of your own pool you can be sure that you will not have to wait to get into a pool with many other people, rather you can enjoy some good family time with your loved ones. It is definitely an amazing proposition that you can consider.
Follow Crystal Pool Builders on Facebook
Having A Personal Pool At Home
Having a personal pool at home is an amazing thing. You can go into it whenever you want to. You will no longer have to share a pool with the public. The best part is that you get to choose when you want to go for a swim rather than wait till the public pool opens. You can have your friends and loved ones come around whenever you want.
Where Can You Get It?
There are many good companies and business who install good pools in your home. All you need to do is contact them to come and install a pool at your home. You need to have a lot of place in the backyard or garden for the sane. You can choose the size of the pool. They will not only build it for you, but they will also give you a lot of maintenance tips that will help you to enjoy the benefits of the pool for a long time.
Taking Cool Pictures With Your Family While Swimming
These days posting pictures of social media sites is a very popular thing that most people indulge in. if you are a big user of such social media sites, then we are sure that you would like to post pictures of the different things that you do with tour family. Posting pictures of chilling in the pool will be an amazing way of showing the world how much fun you have with your loved ones. These pictures will remain as memories or captured moments that you can go and reminisce about later. Make sure that you take some very good pictures that will serve as a good form of entertainment for you as well as others.
Cool photos – Fish 'n' Kids
Thus you can be sure that if you are planning to have a pool at home, you will not have to worry about anything as the professionals from places like Sunshine Coast pool builder will not only put up a pull where ever you need but they will also make sure that they give you the details regarding the maintenance of the pool so that you can keep it clean and well maintained. Make sure that you choose a good place from where you can get the pool made so that you can enjoy the pool with your family and take loads of pictures for the world to see!


text:
Carrot Cake Icing
Moist Carrot Cake with Pineapple - Like this recipe. I added orange zest and orange extract to the icing. Make this one again.
Cream Cheese Frosting. This cream cheese frosting is perfecting for icing pumpkin bread, carrot cake, chocolate cake, and cookies. Plus it uses only four ingredients!
This Carrot Cake Cheesecake Cake recipe is a showstopper! Layers of homemade carrot cake, a cheesecake center and it's all topped with a delicious cream cheese frosting!
Best Carrot Cake with Cream Cheese Frosting - Truly the yummiest carrot cake we've ever devoured. Perfect for spring, holidays, birthdays, or weekends.
The Best Carrot Cake Cupcakes with Cream Cheese Frosting - lightly spiced, perfectly moist, and oh that cream cheese frosting
I love carrot cake especially with frosting! Yummy!
Carrot Cake (holiday baking, Fall recipes)
Practically everyone has a carrot cake recipe that they think is the best, but after just one bite of our extra moist carrot cake recipe we think you'll reconsider!
These are the moistest, most delicious Carrot Cake Cupcakes | A recipe I learned in culinary school that my husband said were the best ever!
Carrot cake - What I love about this recipe is that it's healthy, but you still get to have icing. Made with whole wheat flour instead of white and substituted applesauce for the most of the oil. Didn't measure icing - just blended OJ and powdered sugar until I got the consistency I was after.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
January 23, 2007
MICHAEL S. SPINKS, PLAINTIFF,v.INVESTIGATOR RON REINSTEIN, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER AND EMPLOYEE OF THE CITY OF ROCHESTER AND/OR THE ROCHESTER POLICE DEPARTMENT; INVESTIGATOR C.J. DOMINIC, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER AND EMPLOYEE OF THE CITY OF ROCHESTER AND/OR THE ROCHESTER POLICE DEPARTMENT; INVESTIGATOR GLENN WEATHER, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER AND EMPLOYEE OF THE CITY OF ROCHESTER AND/OR THE ROCHESTER POLICE DEPARTMENT; CITY OF ROCHESTER; AND ROCHESTER POLICE DEPARTMENT, DEFENDANTS.
DECISION and ORDER
Plaintiff Michael S. Spinks ("plaintiff") brings this action alleging that Investigator Ron Reinstein ("Reinstein"), Investigator C.J. Dominic ("Dominic"), Investigator Glenn Weather ("Weather"), the City of Rochester (the "City") and the Rochester Police Department ("RPD") (collectively "defendants") violated his constitutional rights by falsely arresting and maliciously prosecuting him for the murder of Richard Cooper. Plaintiff also claims that he was subjected to false imprisonment and violations of his civil rights pursuant to 42 U.S.C. § 1983.*fn1
Defendants move for summary judgment claiming that there are no material facts in dispute, and that they are entitled to judgment as a matter of law since plaintiff has failed to state a viable cause of action against them. Specifically, defendants claim that plaintiff can not establish a claim for false arrest, false imprisonment, or malicious prosecution because defendants have established as a matter of law that there was probable cause to arrest plaintiff. Plaintiff points to the fact that he was not indicted by a Grand Jury and that the Grand Jury "no-billed" the charges against him. Accordingly, plaintiff asserts there was no probable cause to arrest him. In support of defendants' claim, they argue that because plaintiff is unable to establish that the Grand Jury indictment was procured by fraud the presumption of probable cause stands, and plaintiff cannot make a claim for false arrest, false imprisonment, or malicious prosecution. Defendants further argue that because they have not acted improperly, plaintiff's claims for violations of his civil rights must be denied.
For the reasons set forth below, I grant the defendants' motion for summary judgment, and dismiss plaintiff's complaint.
On August 27, 2002, at approximately midnight, Richard Cooper ("Cooper") was shot and killed in front of Rochester General Hospital at a bus stop at Portland Avenue in the City of Rochester. Cooper was with his girlfriend Marshona Atterberry ("Atterberry") at the bus stop and she witnessed the shooting. Shortly before the shooting, Cooper had been treated and released for wounds he received from a bite to his neck in a fight with Worda Spinks ("W. Spinks"). W. Spinks is Atterberry's ex-boyfriend and the father of her daughter. Soon after the shooting, defendants Dominic and Reinstein, homicide investigators with the RPD, interviewed Atterberry. According to Atterberry's testimony, the assailant was wearing dark clothing, a dark baseball cap, and something pulled over his face so that "only the area around his eyes" was visible. Atterberry also stated that she saw the assailant flee the scene and enter a black Ford Taurus station wagon owned by W. Spinks.*fn2
On October 3, 2002, Investigators Reinstein and Dominic again interviewed Atterberry. During that interview, Atterberry indicated that based on her recollection of the assailant's eyes and the way he walked, she believed that plaintiff was the shooter. On the basis of this information, defendants showed Atterberry a photo array of six (6) individuals with only the eye area visible. Atterberry identified the photo of plaintiff as the shooter. Based upon the information received by defendants, plaintiff was arrested on October 11, 2002 and the people filed a Felony Complaint against plaintiff for murder in the Second Degree the next day. A preliminary hearing was held on October 17, 2002 before Rochester City Court Judge Thomas Rainbow Morse. At the conclusion of the preliminary hearing, Judge Morse found "based on the testimony, including the identification, as well as other circumstantial evidence ... adduced at [the] hearing, there is sufficient basis" to hold plaintiff Spinks for action by the Grand Jury. On March 20, 2003, a Grand Jury dismissed the charges against plaintiff and the charges were terminated as of that date.
Plaintiff claims that in Atterberry's statement to investigators on August 27, 2002, she failed to mention any details concerning the assailant's eyes or anything about the manner in which he walked. In addition, plaintiff claims that although at the time of the shooting Atterberry could only see the eyes and complexion of the assailant, the photo array included the picture of the plaintiff with "his nose, eyebrows, upper lip and nearly all of his forehead" visible. Plaintiff asserts he should not have been included in the photo array. Plaintiff also states that Investigator Dominic spoke with Geraldine and Worda Spinks, Sr. (plaintiff's parents) and told them that he knew their son did not commit the murder, but believed he was withholding information and so they arrested him in order to pressure him to release the information. Plaintiff, claims that because defendants lacked probable cause to arrest him, he should not have been arrested, held in police custody, or prosecuted for murder.
Defendants contend in their reply papers*fn3 that the affidavits of Geraldine and Worda Spinks, Sr. should be stricken. Defendants assert that they served documents demands on plaintiff requesting "all oral or written statements ... made by ... any of the individually named defendant officers" relating to the incident or claims alleged in this case. Plaintiff responded that he had no knowledge of any statements made by defendants. However, in spite of the discovery response, plaintiff has introduced the affidavits of plaintiff's parents for the first time in opposition to defendants' motion for summary judgment. It is clear that the allegedly incriminating statement contained in the affidavits were responsive to defendants' discovery demands requesting all oral or written statements by defendants and thus should have been produced in response by plaintiff. Defendant asserts that based upon plaintiff's failure to produce the alleged statement by Investigator Dominic in discovery, the affidavits of Geraldine and Worda Spinks, Sr. should be stricken and disregarded by this Court.
I. Summary Judgment Standard
Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." When considering whether a genuine issue of fact exists for purposes of a motion for summary judgment, all inferences and ambiguities must be resolved in favor of the party against whom summary judgment is sought. See R.B. Ventures, Ltd. v. Shane, 112 F.3d 54 (2d Cir. 1997). It is only if after considering the evidence in the light most favorable to the non-moving party, the court finds that no rational jury could find in favor of that party, a grant of summary judgment is appropriate. See Annis v. County of Westchester, 136 F.3d 239 (2d Cir. 1998).
II. False Arrest, False Imprisonment, Malicious Prosecution, and Civil Rights Claims
A. Legal Standards
1. False Arrest and False Imprisonment
Plaintiff alleges that his arrest on October 11, 2002, and subsequent detention constituted false arrest and false imprisonment under New York law. The elements required to state a claim of false arrest or false imprisonment under New York law are identical. Blanchfield v. State of N.Y., 104 Misc. 2d 21, 24 (Ct. of Claims 1980). To state a claim for false imprisonment or false arrest under New York law, a plaintiff must establish that: (1) the defendant intended to confine the plaintiff; (2) the plaintiff did not consent to the confinement; (3) the plaintiff was aware that he was confined; and (4) the confinement was not otherwise privileged, such as confinement pursuant to a warrant or with probable cause or immunity protection. Curley v. AMR Corp., 153 F.3d 5, 13 (2d Cir. 1998) (false imprisonment claim); (citing Zanghi v. Inc. Village of Old Brookville, 752 F.2d 42, 45 (2d Cir.1985); Bernard v. U.S., 25 F.3d 98, 102 (2d Cir 1994) (false arrest claim).
2. Malicious Prosecution
Plaintiff alleges that the prosecution of the Murder charge against him in the Second Degree was unwarranted and constituted malicious prosecution. To state a claim for malicious prosecution under New York law, a plaintiff must prove "(1) the initiation or continuation of a criminal proceeding against plaintiff; (2) termination of the proceeding in plaintiff's favor; (3) lack of probable cause for commencing the proceeding; and (4) actual malice as a motivation for defendant's actions." Russell v. Smith, 68 F.3d 33, 35 (2d Cir. 1995); Murphy v. Lynn, 118 F.3d 938, 947 (2d Cir. 1997). A claim of malicious prosecution in violation of a person's federal civil rights is analyzed under the same standard as a common law malicious prosecution claim. Cook v. Sheldon, 41 F.3d 73, 79 (2d Cir. 1994); Easton v. Sundram, 947 F.2d 1011, 1017 (2d Cir. 1991).
3. Civil Rights Claims
Plaintiff alleges that as a result of the false arrest, false imprisonment, and malicious prosecution against him, he was denied his federal Constitutional rights in violation of 42 U.S.C. § 1983. "A Section 1983 claim for false arrest, resting on the Fourth Amendment right of an individual to be free from unreasonable seizures, including arrest without probable cause, is substantially the same as a claim for false arrest under New York law." Weyant v. Okst, 101 F.3d 845, 852 (2nd Cir. 1996).
B. Plaintiff's False Arrest and False Imprisonment Claims are Barred Because there was Probable Cause to Arrest Plaintiff on the Charge of Second Degree Murder
To state a claim of false arrest, false imprisonment, or the violation of a plaintiff's civil rights resulting from false arrest or false imprisonment, a plaintiff must establish that the arresting officer lacked probable cause to arrest and/or confine the plaintiff. "Probable cause to arrest 'constitutes justification and is a complete defense to an action for false arrest, whether that action is brought under state law or § 1983.'" Mandina v. City of Yonkers, 1998 WL 637471 at *3 (S.D.N.Y. 1998)(citing Weyant, 101 F.3d at 852 (internal citation omitted)). Probable cause to arrest is also a complete defense to a claim of false imprisonment. Zanghi, 752 F.2d at 45. With respect to a claim for malicious prosecution, a finding of probable cause to arrest will serve as a defense to a malicious prosecution claim in the absence of evidence that authorities became aware of or suppressed exculpatory evidence subsequent to the plaintiff's arrest but prior to prosecution. Williams v. City of New York, 2003 WL 22434151 (S.D.N.Y. 2003).
"Probable cause [to arrest] exists where officers 'have knowledge or reasonably trustworthy information of facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that the person arrested has committed or is committing a crime.'" Mandina, 1998 WL 637471 at *3 (quoting Weyant, 101 F.3d at 852). This is an objective standard, and where there are no material issues of fact in dispute, a claim of false arrest, false imprisonment, malicious prosecution, or violation of civil rights based on any of those actions may properly be disposed of on motion for summary judgment. Parkin v. Cornell Univ., 78 N.Y.2d 523, 529 (1991). Probable cause to prosecute exists where there are "facts and circumstances [that] would lead a reasonably prudent person in like circumstances to believe [that the criminal defendant is] guilty." Colon v. City of New York, 60 N.Y.2d 78, 82 (1983)(citations omitted). "In fact, the eventual disposition of the criminal charges are irrelevant to the probable cause determination." Hahn v. County of Otsego, 820 F.Supp. 54, 55 (N.D.N.Y. 1993), aff'd, 52 F.3d 310 (2d Cir. 1995) (citing Pierson v. Ray, 386 U.S. 547, 555 (1967)).
Here, assuming the facts in the light most favorable to the plaintiff, I find that there are no material questions of fact in dispute, and that as a matter of law, there was probable cause to arrest and prosecute the plaintiff on Murder charges. There was probable cause to arrest plaintiff because the police had information from an eye witness, Atterberry, that based on her recollection of the assailant's eyes and the way he walked, she believed that plaintiff was the shooter. Moreover, this information was reasonably trustworthy because Atterberry identified the photo of plaintiff as the shooter after defendants showed her a photo array of six individuals with only the general eye area visible.
It is well established that probable cause to arrest a suspect exists when a crime victim identifies the suspect. "Both New York State and federal courts have held that a purported crime victim's identification of the alleged culprit will generally suffice to create probable cause to arrest." Donovan v. Briggs, 250 F.Supp.2d 242, 251-252 (W.D.N.Y., 2003)(Larimer, J.). In the absence of information to suggest that the witness' information is not credible, the witness' identification of the suspect will establish probable cause to arrest that suspect. Id. at 252, citing Ahlers v. Schebil, 188 F.3d 365, 370 (6th Cir. 1999).
Probable cause to arrest will attach even if the eyewitness is mistaken about a suspect's identity. "[P]robable cause can exist even where it is based on mistaken information, so long as the arresting officer acted reasonably and in good faith in relying on that information." Mazza v. City of New York, 1999 U.S. Dist Lexis 13192, *13-14 (E.D.N.Y. 1999)(quoting Bernard v. U.S., 25 F.3d 98, 102 (2d Cir. 1994). In this case, even assuming that plaintiff was not any where near the bus stop where Cooper was shot on August 27, 2002, probable cause for his arrest existed because Atterberry told investigators that she recognized the shooter's manner of walking and his eyes and identified him as Michael Spinks. Plaintiff has failed to submit any evidence that Atterberry acted in bad faith or lied to police, and therefore, even if Atterberry was mistaken, and even if plaintiff was not in fact present at the bus stop at the time of the shooting, it was reasonable for the police to act on Atterberry's complaint and arrest plaintiff.
Plaintiff, however, argues that Atterberry did not identify any single particular characteristic of the assailant when she was interviewed by investigators. Plaintiff claims that it was not until a month later that Atterberry was able to describe the assailant's manner of walking and the fact that she was "89% sure it was [plaintiff]" who was the shooter. See Ex. B to Aff. of Christopher S. Ciaccio, Esq., Preliminary Hearing Transcript p. 96:25-97:(4). In addition, plaintiff asserts that although at the time of the shooting Atterberry could only see the eyes and complexion of the assailant, the photo array shown to her included the picture of the plaintiff showing not just his eyes but virtually his entire face. Thus, plaintiff claims that his arrest was based solely upon an "unduly suggestive" photo array, which violates his Fourth and Fourteenth Amendment rights.
Plaintiff's argument is unavailing precisely because Atterberry stated the day before she was shown a photo array that she was 89% certain that plaintiff shot Cooper. See id. Further, contrary to plaintiff's assertions, the photo array shown to Atterberry did not highlight any distinguishing characteristics of plaintiff versus the photographs of the other individuals. In addition, Atterberry's written statement and testimony at the preliminary hearing held on October 17, 2002 indicate that she recognized the assailant's walk as that of plaintiff. In fact, City Court Judge Morse found that based on the testimony, which included the identification, as well as other circumstantial evidence adduced at the hearing, there was sufficient basis to hold plaintiff for action by the Grand Jury. The fact that a Grand Jury dismissed the charges against plaintiff on March 20, 2003 does not mean that the defendants had no probable cause to arrest plaintiff.
The probable cause inquiry focuses only on the facts available to the arresting officer at the time of the arrest. Ricciuti v. New York City Transit Auth., 124 F.3d 123 (2d Cir. 1997), citing, Lowth v. Town of Cheektowaga, 82 F.3d 563 (2d Cir. 1996). Information from individuals such as the putative victim or eyewitnesses may provide probable cause. See e.g., Martinez v. Simonetti, 202 F.3d 625 (2d Cir. 2000), citing, Miloslavsky v. AES Eng'g Soc'y, 808 F. Supp. 351 (S.D.N.Y. 1995), aff'd, 993 F.2d 1534 (2d Cir. 1993). The fact that plaintiff ultimately was not indicted does not negate the possibility that probable cause that existed at the time of the arrest. See e.g., Johnson v. City of New York, 401 F. Supp. 50 (S.D.N.Y. 1975) (the fact that plaintiff was not indicted did not establish false arrest and imprisonment claims).
Accordingly, I find, as a matter of law, that plaintiff's arrest was supported by probable cause because defendant had sufficient knowledge, or reasonably trustworthy information, to support a person of reasonable caution in believing that plaintiff committed the crime of Murder in the Second Degree. Because the finding of probable cause is a complete defense to plaintiff's claims for false arrest and imprisonment, defendant's motion for summary judgment is granted and the complaint is dismissed.
C. Plaintiff's Malicious Prosecution Claims Are Barred Because There Was Probable Cause To Arrest And Prosecute Plaintiff On The Second Degree Murder Charge
The only issues of contention for purposes of evaluating plaintiff's claims of malicious prosecution are whether or not defendants had probable cause to arrest or prosecute plaintiff and whether or not the defendants' actions were motivated by malice. Since I have found that plaintiff's arrest was supported by probable cause, the only issue remaining is whether any malice was involved. Plaintiff argues that Dominic spoke with Geraldine and Worda Spinks, Sr. and told them that he knew their son was not guilty and that plaintiff's arrest was a pretext to put pressure on him to come forward with evidence the defendants believed he had. Consequently, plaintiff states that at the very least, the affidavits of Geraldine and Worda Spinks, Sr. create a question of material fact as to whether defendants acted maliciously.
With respect to the affidavits provided by plaintiff's parents, it is clear that this is the first time, in opposition to a motion for summary judgment, that plaintiff has revealed this information. Defendants served document demands on plaintiff in March 1995. The definitions to the Document Demands provide that:
c. "Communication" shall mean to state the date, communicator, communicatee, or any other person or persons present and the nature and substance of the at, or overhearing the communication, communication, and shall include any oral, written or visual contact between two or more persons wherein any information or document was exchanged between two or more persons. (emphasis supplied).
Request Number 4 in defendants' document demands requested All oral or written statements (in either narrative or testimonial form), made by or on behalf of ...
City of Rochester or any of the individually named ... officers which relate to ...incidents and/or claims alleged in the Complaint. (emphasis supplied). Plaintiff responded in May 2005 that "[t]here are no oral or written statements of defendants." As a result, plaintiff stated that he did not have knowledge of any statements by defendants and as such defendants relied upon plaintiff's response. However, despite this declaration, plaintiff now for the first time introduces the affidavits of Geraldine and Worda Spinks, Sr. dated May 18, 2006 in opposition to defendants' summary judgment motion.
These affidavits claim that an investigator, who they "believe" to be Dominic, made a statement to each of them that "we know [plaintiff] didn't do it, but he is holding back information and we arrested him to put pressure on him to come forward with the information." See May 18, 2006 Affidavits of Geraldine and Worda Spinks, Sr. at ¶¶ 5 and 6 respectively. The alleged incriminating statement by someone Geraldine and Worda Spinks, Sr. "believed" to be Investigator Dominic contained in the affidavits were clearly responsive to defendants' discovery request, which asked for all oral or written statements by defendants and thus should have been produced in response to discovery demands.
Defendants argue that when this discrepancy was brought to plaintiff's attention, plaintiff claimed the alleged statement contained in the affidavits had been sufficiently disclosed in a separate interrogatory response. In a separate interrogatory regarding witnesses in response to a separate request, plaintiff stated:
Plaintiff expects the following persons to provide testimony relevant to the incident alleged in the Complaint ... Geraldine Spinks ... It is expected that she will testify as to conversations she had with police investigators regarding the whereabouts of [plaintiff] at the time of the shooting, and as to statements made by police to her regarding their beliefs as the [plaintiffs] responsibility.
Worda Spinks, Sr. ... It is expected that he will testify as to conversations he had with police investigators regarding the whereabouts of [plaintiff] at the time of the shooting, and as to statements made by police to him regarding their beliefs as the [plaintiff's] responsibility.
See Ex. C ¶ 7 to May 30, 2006 Aff. of Matthew D. Brown. Accordingly, defendants assert that plaintiff's vague interrogatory response to an interrogatory concerning witnesses and factual allegations, not the specific request for alleged oral statements by defendants, fails to justify the false response by plaintiff that "[t]here are no oral or written statements of defendants."
This Court agrees with defendants and finds that plaintiff's interrogatory response does not state the nature or substance of the alleged statement by defendants, or identify the person who allegedly made the statement. Further, plaintiff's response to defendants' discovery demand does not even cross-reference to the interrogatory response. Rather, the discovery response unequivocally states that plaintiff has no oral statements by defendants. Moreover, plaintiff's purported knowledge of statements made by an individual "believed" to be Dominic was never disclosed by plaintiff nor did plaintiff ever amend his discovery response as required by Rule 26(e)(2). See Fed.R.Civ.P. 26(e)(2) and 37(c)(1). Thus, the affidavits of Geraldine and Worda Spinks, Sr. will not be considered by this Court and will be stricken from the record.*fn4
For the reasons stated above, I find that there was probable cause to arrest the plaintiff on the Murder charge. Moreover, except for the questionable affidavits, there is no evidence that the authorities became aware of any exculpatory information that would have resulted in a lack of probable cause to prosecute the plaintiff. Accordingly, I grant defendants' motion for summary judgment with respect to plaintiff's malicious prosecution claims, and dismiss those claims.
D. Plaintiff's Section 1983 Civil Rights Claims are Barred
Plaintiff claims that several of his constitutional rights were violated by the defendants acting under color of state law. Specifically, plaintiff claims that his rights under the Fourth and Fourteenth Amendments to the Constitution were violated by defendants' malicious prosecution, false arrest, and false imprisonment of plaintiff. As stated above, however, I find that plaintiff has failed to state a claim for malicious prosecution, false arrest, or false imprisonment. Accordingly, I grant defendants' motion for summary judgment with respect to plaintiff's civil rights claims.
III. Plaintiff Cannot Establish Municipal Liability Absent A Custom, Policy or Practice
It is well settled that a municipality may be held liable as a "person" for constitutional deprivations under § 1983. Monell v. Dept. of Soc. Serv., 436 U.S. 658, 690-91 (1978). To establish municipal liability in a § 1983 action, the plaintiff must "first prove the existence of a municipal policy or custom . . . [and] [s]econd, . . . must establish a causal connection-- an affirmative link-- between the policy and the deprivation of his constitutional rights." Vippolis v. Village of Haverstraw, 768 F.2d 40, 44 (2nd Cir. 1985)(citing Oklahoma City v. Tuttle, 471 U.S. 808, 824 n. 8). A plaintiff may establish the existence of a policy or custom by submitting evidence of the policy itself, or by "establishing that responsible supervisory officials acquiesced in a pattern of unconstitutional conduct by subordinates." Dove v. Fordham Univ., 56 F.Supp.2d 330, 336 (S.D.N.Y. 1999).
There is no evidence that plaintiff's rights were violated pursuant to a municipal policy or custom. Nor is there evidence that any municipal policymaker adopted any policy attributable to the City. Indeed, in his opposition papers, plaintiff has not produced evidence of any City policy or custom, let alone a relationship between such a policy and action by the City that affect the plaintiff. Accordingly, plaintiff's claims against the City are dismissed.
IV. Qualified Immunity
The individual defendants are protected from liability by qualified immunity, an affirmative defense that shields government officials performing discretionary functions from liability for damages in certain situations. Even if probable cause to arrest plaintiff did not exist, defendants are entitled to qualified immunity if either: (a) it was objectively reasonable for them to believe that probable cause existed; or (b) officers of reasonable competence could disagree on whether the probable cause test was met. See Lennon v. Miller, 666 F.3d 416, 423 (2d Cir. 1995); Golino v. City of New Haven, 950 F.2d 864, 870 (2d Cir. 1991) (If it was objectively reasonable for the officer to believe that his conduct did not violate a constitutional right, then he is entitled to the protection of the qualified immunity defense).
Based on defendants' investigation and the information received from Atterberry's statement, it was objectively reasonable for defendants to believe that probable cause to arrest plaintiff existed. Moreover, none of the individual defendants had any reason to believe that Atterberry was less than credible. Accordingly, because a rational jury could not find that defendants' judgment was so flawed that no reasonable officer would have made a similar choice, plaintiff's complaint is dismissed. See generally, Lennon, 66 F.3d at 420 (summary judgment on qualified immunity grounds is appropriate when no reasonable jury could conclude that it was objectively unreasonable for defendant to believe that he was acting in a manner that did not violate an established federally protected right).
For the reasons set forth above, defendants' motion for summary judgment is granted, and plaintiff's claims are dismissed with prejudice.
Rochester, New York
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Fantastic open floor plan! Beautiful 5 bedroom, 4 full baths, 3 half baths in Prestigious community of Wayne. Centrally located on great culdesac 1 acre wooded setting,providing very private backyard. Two story foyer with sweeping staircase. Arched doorways open to formal Dining room and Living room with marble surround fireplace. Double doors to private study/office. Separate 6x6 butler's pantry,granite counters,sink,glass cabinet. Family room has slate surround fireplace, built in cabinetry,paladium window, part. vaulted ceiling. State of art kitchen has custom cabinetry with lighting, oversized island,6 burner gas range,large refrigerator,granite counters,tile backsplash, pantry,breakfast area with transom doors to deck. All hardwood and ceramic tile floors on main level,front and back stairs. Elegant master suite with double doors, sitting room,marble surround. fireplace, built in cedar window seat,two walk-in closet,luxury bath has double vanities,whirlpool, oversized glass and ceramic shower. Two bedrooms have separate full baths. Wonderful finished walkout lower level with abundance of windows, Powder room, spectacular walk in wine cellar with brick accents. Added features - 2 heating/AC systems, security system, crown & decorative molding, abundant recessed lighting, 3 car garage. An absolutely lovely home on a wonderful lot! A pleasure to show!
Listing Area: U Merion Twp
The data relating to real estate for sale on this website appears in part through the TREND Internet Data Exchange program, a voluntary cooperative exchange of property listing data between licensed real estate brokerage firms in which Callaway Henderson Sotheby's International Realty participates, and is provided by TREND through a licensing agreement and identified with the TREND IDX Logo. Some properties which appear for sale on this website may no longer be available because they are under contract, have sold or are no longer being offered for sale. Some real estate firms do not participate in IDX and their listings do not appear on this website.Some properties listed with participating firms do not appear on this website at the request of the seller.
2016 TREND, All Rights Reserved. Information Deemed Reliable But Not Guaranteed.


text:
Consider all before votingAugust 02,2014
Consider all before voting
I applaud Selene Clark, a 21-year-old, for acknowledging the importance of being informed before voting. I wish more valued their right to vote. I interpreted her comments as those from one who likely takes her lead and forms her beliefs from a biased, liberal media that distorts the truth and purposely misleads many to advance their progressive agenda. This war on womens health care is being waged by liberals, when theres so much more for which to be concerned.
First, unlike Ms. Clark, Im not sure why the U.S. Supreme Court decision to remove a 35-foot buffer zone in front of a reproductive care facility should trump our freedom of speech. Protesters can protest just about anywhere, period (remember Occupy Wall Street? no buffer zones there as I recall).
Second, the court ruled in favor of private companies (Hobby Lobby specifically) to opt out of offering contraception coverage based on religious beliefs. The fact is Hobby Lobby rejected offering four forms of contraception of the 20 included in Obamacare, as the owners believe these four contraceptives could cause abortions, in conflict with their religious beliefs. Employees who have issue with this can quit or get these forms of birth control elsewhere. Where is the tolerance of someones sincere religious beliefs? Is this decision really the end of the world?
I again applaud Ms. Clarks passion for being informed before voting, and I highly recommend she broaden her media forums so she can be even better informed. In the meantime, women have their birth control, can have abortions and have safe access to health care. No offense, but the world is blowing up in front of our eyes, there is so much more to be concerned with and terrified about. Forget about this imagined war on womens health care.
R.L. Averill
BarreMORE IN LettersI was so pleased to see the picture and the write-up of the kittens and children at the school in... Full StoryIn the article, Scott appoints four key aids, he probably, assuming that he knows whats best... Full StoryOne could write a long letter countering the latest bloviating from John McClaughry about... Full Story
- Most Popular
- Most Emailed


text:
Modern Muses Nera
Posted by pigat22 October 24, 2013
Posted in Character, DAZ | Poser | Carrara
Tagged V4
Bright and cheerful, Modern Muses: Nera is the classic redhead sweetheart. Her youthful charm and warmth is sure to win a place in your runtime. Nera includes a custom head morph and a variety of makeup options to allow her to go from day to night, or from school scenes to elegant evenings out without missing a beat.


text:
Sweet young coconut with tang of ginger, garlic, lemon, jalapenos, and curry.
Sweet yellow corn bisque, infused with coconut water, hemp seeds, avocado, lime, and ginger.
Zucchini noodles served in a warm broth of tamari, bok choy, and crispy vegetables.
Organic greens tossed with roma tomato, cucumber, red onion rings, basil, cilantro, avocado, sprouts, and sprinkled with hemp seeds tossed in a ginger miso dressing.
Deep green kale leaves marinated in olive oil and lemon juice with tomatoes, olives, avocado, hemp seeds, and sun dried tomatoes.
Organic romaine lettuce with tomato, cucumber, red onions, guacamole, capers, olives, taco meat, and topped with pico de gallo and spicy salsa.
Zucchini noodles tossed in almond butter and chili sauce garnished with crispy vegetables.
Zucchini noodles tossed in tamari ponzu sauce garnished with bok choy, red bell pepper, bean sprouts, olive oil, and black sesame seeds.
Zucchini noodles tossed in almond sauce garnished with bean sprouts, basil, cilantro, jalapeno, and lime.
Zucchini noodles tossed in basil pesto garnished with sun dried tomatoes, mushrooms, fresh garlic, red bell peppers, and olives.
Crisp romaine with tahini hummus, guacamole, olives, julienne carrots, and pepperoncini sprouts.
Crisp romaine, chili spiced beans, taco pate, guacamole, sprouts, red onion, pico de gallo, salsa verde, and cumin.
Nori rolls filled with asparagus, shiitake mushroom, avocado, cucumber, red and yellow bell pepper, and side of ponzu dipping sauce.
The classic Italian pizza made with roma tomatoes and pignoli ricotta cheese topped with basil, garlic, and Italian herbs.
Pignoli cream cheese, basil pesto, sweet onions topped with roma tomatoes, avocado, pico de gallo, and pineapple.
Creamy tahini hummus topped with salad of cucumber, avocado, red onion, capers, fresh tomato, olives, and romaine.
Two slices each of the Margherita, California, and Greek Pizza.
Sunflower seed patty with crisp lettuce, beefsteak tomato, red onion rings, avocado, and pickles.
Crisp corn tortillas topped with our mexi beans, guacamole, nacho cheese, pico de gallo, and salsa verde.
Marinated kale with nacho cheese, pico de gallo, salsa verde, and cashew sour cream wrapped in coconut tortillas.
Sun dried tomato marinara, black olives, diced tomato, sprouts, pistachio basil pesto, Italian seasoning, dash of pink salt and lemon, and served over a bed of spiralized zucchini noodles with "meatballs".
Zucchini noodles, carrots, bok choy leaves, and cilantro tossed in sesame tahini sprinkled with black sesame seeds.
Slices of zucchini and heriloom tomato layered with basil pistachio pesto, sun dried tomato sauce, and pignoli ricotta cheese.


text:
Garlic Sticks (Easy Garlic Bread)
Total Time
Prep 5 mins
Cook 5 mins
Adapted from familyfun.com
Ingredients Nutrition
- 1 lb loaf French bread
Garlic Butter
- 4 tablespoons butter or 4 tablespoons margarine, at room temp
- 1 -2 garlic clove
- fresh parsley (optional) or basil (optional)
- For the garlic butter, combine butter or margarine with 1 to 2 crushed or minced garlic cloves. For melted garlic butter, microwave the butter, then add the crushed garlic cloves. Mix in fresh basil or parsley to give the butter extra color and flavor.
- Cut loaf of French bread the long way and spread with garlic butter or brush with melted garlic butter.
- Broil, cut side up, until brown. Cut into 1-inch slices.
Most Helpful
This was super easy and really tasty. The only change I made was I sprinkled a bit of Italian Seasonings on top instead of parsley.


text:
Currey and Company Leagrave 74"e Bench in Portland
Home > 1800lighting.com > Currey and Company
Our fabulous Leagrave Bench is classically minded, beautifully substantial and outdoor friendly. Its generous size seats guests comfortably while the Portland patina improves with age. The Leagrave is timeless and inspired. Bench in Portland
Currey and Company http://www.1800lighting.com/images/jqzoom/currey and company/2722.jpg
Only $2,590.00 at 1800lighting.com


text:
Find. Book. Pitchup.
- We make it a doddle to book campsites, glamping sites and caravan parks throughout the UK, Europe and the Americas.
- Trusted by over 1m holidaymakers from 99 countries
- Choose and book in minutes, with instant confirmation and no booking fees.
Touring caravan pitches and touring sites in PuyallupView results on a map
1 bookable site within 40 miles of Puyallup
Olympia, Washington, USA Show on map
|Electric mixed RV/trailer site
|14 x
|From £27.65/€32.66/A$47.16/US$35/CA$46.54/CHF35.37/kr320.73/kr244.01/kr293.80/kr3,894/$561.92/$23,039/PEN119.84/NZ$49.20/R478.31/zł145.97/R$119.42/Kč883.27/RSD4,007 per night
|Fully-serviced mixed RV/trailer site
|14 x
|From £35.55/€41.99/A$60.64/US$45/CA$59.83/CHF45.47/kr412.36/kr313.73/kr377.74/kr5,006/$722.47/$29,621/PEN154.08/NZ$63.26/R614.97/zł187.67/R$153.54/Kč1,135.64/RSD5,152 per night


text:
28, Key Largo, FLIm funny, not funny looken.haha I love to get out and see new places whether its a few miles away or a few hundred miles away. I love taken the boat out for a day on the water. I have a nephew "get to know me and you might be lucky enough to get to know him." :) other than that I would say im the kind of person thats up for almost anything so get to know me to find out more cause at the moment this thing dosent give me enough space to describe myself completely. To be honest i dont think I could put myself into words.haha
45, Key Largo, FLI'm passionate about my work ,fishing ,sailing ,like to play tennis,workout ,kayaks,boats salt water.The most influential person in my life is Mrs.Bob Proctor ,he relly opened my eyes on what I'm thinking about ,how to find my goal,improve my business ,I'm happy and I still having fun what I'm looking for ;)
56, Key Largo, FLI am writing this for a dear friend Gary. My husband and I set him up on here. Gary is a tennis pro. He runs the Islamorada Tennis Club, which he use to own. It was sold to a person setting up a pro-training center for the Canadian Davis Cup Team. Gary is a man with a heart of gold, kind, caring, compassionate and fun. Who do you know that worked 8 months a year at a high end tennis club and then spent 4 months working with Mother Theresa. I can tell you who Gary. All we can say is that he is a wonderful man.
43, Key Largo, FLI am a happy fun loving person looking for someone special to spend time with. I enjoy going out on my boat fishing or hanging out at the beach. I like going out to dinner or the movies.
65, Key Largo, FLlove the ocean in it on it or just looking with someone special ,staying fit exocize a lot , play a lot of sports tennis probably most often. like music and dancing mostly rock n roll but not real picky
78, Key Largo, FL
Browse Catholic Singles by Gender:
Catholic Dating By Diocese:
- Archdiocese of Miami,
- Diocese of Orlando,
- Diocese of Palm Beach,
- Diocese of Pensacola-Tallahassee,
- Diocese of St. Augustine,
- Diocese of St. Petersburg,
- Diocese of Venice


text:
Splendid Sundays Volume 5Sunday, August 09, 2009
A handful of splendid finds and interesting tidbits from around the world wide web:
*If you've had trouble updating your Twitter accounts this week, you may be surprised to learn that the reasons are connected with the Russian-Georgia crisis. Facebook, Google Sites, YouTube, Live Journal and a few other sites were affected as well. Twitterberry, an app for Blackberry, was apparently one of the systems hit the hardest.
*In case you missed it, Marcy Blum launched her new blog a couple of weeks ago. Naturally, it's hilarious.
*Designer Kelly Ashworth is offering a special for the month of August that includes 1000 free business cards with the purchase of a graphic design service. If you need a new logo or just some new promo materials designed, this is a great opportunity. (Kelly is the one who designed the Splendid Communications logo and print collateral).
*I'm currently doing a Twitter series with tips on using Twitter for your wedding business. You can follow along here, and the hashtag for the tips is #wedbiztips.
Do you have any splendid finds to share?


text:
Call (201) 444-1180 to get this deal
- Electrical
- Electrical General
- Electrical Wiring
- Cables Network & Telephone
Have you worked with Barry Messner? Share your experience and help your neighbors hire great contractors. Leave a review.
Share Profile
Quick Facts
- Licensed
- Free Estimates
- 17Years in Business


text:
Visit a South African National Park for free this week
From Monday to Friday this week (13 to 17 September 2010), all South Africans can spend a day at one of South Africa's glorious national parks without paying an entry fee – thanks to the "Know Your National Parks" campaign.
South African National Parks board will allow all South Africans with valid ID documents to enter any park managed by it, completely free of charge (three parks are excluded from this freebie deal, they are Boulders in the Table Mountain National Park, Tankwa Karoo and Namaqua national park and includes entrance fees, not accommodation or other commercial activities within the parks like safaris and activities).
According to SANParks' general manager of media relations, Reynold Thakhuli, the campaign's objective is to cultivate a culture of pride in all South Africans with regards to the country's natural, cultural and historical heritage. "The idea of a national parks focus week was conceived in 2006, after we realised that a vast majority of South Africans was not accessing the national parks. SANParks then embarked on this campaign to encourage all South Africans, especially those from the communities around the parks, to share in what we envision to be the pride and joy of all South Africans and the world," says Thakuli. (source: Bua News)
The South Africa's National Parks you can visit for free this week include:
In the Eastern Cape:
Addo Elephant Park – Situated in a malaria free area just one hour's drive from the South African coastal city of Port Elizabeth, the magnificently diverse Addo Elephant Park offers a wide variety of game viewing, outdoor adventure, accommodation and cultural experiences. You will be amazed at the variety of South Africa Wildlife that can be experienced in one easily accessible destination … see more about Addo Elephant National Park.
Camdeboo National Park – Formed hundreds of millions of years ago, the Karoo of South Africa is one of the great natural wonders of the world. Camdeboo National Park provides the visitor with insights into the unique landscape and ecosystem of the Karoo as well as splendid scenic beauty. The greater portion of the Camdeboo National park is situated between … see more about Camdeboo National Park.
Mountain Zebra National Park – The craggy heights of the park's Bankberg embrace rolling plains and deep valleys, and has become an entrancing preserve for the Cape mountain zebra. The proclamation of the park in 1937 saved these animals from extinction. Other mammals found in the park include eland, black wildebeest, red hartebeest and gemsbok, whilst caracal are the primary predator … see more about Mountain Zebra National Park.
In the Western Cape:
Agulhas National Park – Lying in what is known as the Agulhas Plain at the southernmost tip of Africa is the Agulhas National Park, just 45 kilometres from the popular village of Gansbaai. This might be the meeting place of the Atlantic and Indian Oceans, but the park's focus is on some of the most splendid examples of lowland fynbos and lowland fynbos on limestone soils – considered endangered … see more about Agulhas National Park.
Bontebok National Park – Sheltered by the Langeberg Mountains and bordered to the south by the Breede River, the Bontebok National Park provides a refuge for not only bontebok, but also for other species such as the Cape mountain zebra, red hartebeest and grey rhebok. The park is situated within the Cape Floral Kingdom, the smallest, but richest of the world's six floral kingdoms … see more about Bontebok National Park.
Karoo National Park – The Karoo National Park has a wide variety of endemic wildlife. Many species have been relocated to their former ranges, such as black rhino and buffalo, as well as Cape mountain zebra. Over 20 breeding pairs of black eagle find sanctuary within the Karoo National park. There is also a wide diversity of succulent plants and small reptiles. The park is situated close to the N1 … see more about Karoo National Park.
Garden Route National Park – The new Garden Route National Park, established by SANParks and also known as GRNP, spans an impressive 121 000 hectares and includes the existing Wilderness and Tsitsikamma national parks, the Knysna Lakes area and roughly 52 000 hectares of newly proclaimed land. Still regarded as 'new' the GRNP was only gazetted in March 2009 and is part of a long-term plan … see more about Garden Route National Park.
Table Mountain National Park – (Free entrance excludes Boulders!) At the south-western tip of South Africa, the Table Mountain National Park encompasses the incredibly scenic Peninsula mountain chain stretching from Signal Hill in the north to Cape Point in the south, a distance of approximately 60 km. The narrow portion of land with its many beautiful valleys, bays and beaches is circled by the waters of … see more about Table Mountain National Park.
West Coast National Park – Just inland from the secluded harbour of Saldanha one finds the azure waters of the Langebaan Lagoon, focal point of the West Coast National Park. Thousands of seabirds roost on sheltered islands, pristine golden beaches stretch endlessly into the early morning mist and brooding salt marshes are home to vast concentrations of migrant waders … see more about West Coast National Park.
In the Northern Cape:
Augrabies Falls National Park – The Khoi people called it 'Aukoerebis', the place of the Great Noise, referring to the Orange River thundering its way downwards for 60 metres in a spectacular waterfall. Picturesque names such as Moon Rock, Ararat and Echo Corner are descriptive of this rocky region, characterised by the 18 kilometre abyss of the Orange River Gorge and craggy outcrops … see more about Augrabies Falls National Park.
Kgalagadi Transfontier Park – Africa's first formally declared trans-border conservation area, the Kgalagadi Transfrontier Park, on the border of South Africa and Botswana, was officially launched on May 12, 2000 by then South African President Thabo Mbeki and Botswana President Festus Mogae. The Kgalagadi Transfrontier Park is situated approximately 250 km from Upington … see more about Kgalagadi Transfrontier Park.
Mokala National Park – Mokala is one of South Africa's newer National Parks, situated approximately 80km south-southwest of Kimberley, and west of the N12 freeway to Cape Town. Nestled in the hills, Mokala's landscape boasts a variety of koppieveld (hills) and large open plains. The isolated dolerite hills give the place a calming feeling of seclusion. A big surprise awaits when you pass through the … see more about Mokala National Park.
Richtersveld Transfrontier National Park – Proclaimed in 1991 after 18 years of negotiation between the National Park Board and the local Nama people, the park is now managed jointly by the local Nama people and the South African Parks board. The Nama people, who lease the land to the board, continue to live and graze their livestock in the area. This is a harsh and unpredictable land where … see more about Richtersveld Transfrontier National Park.
In the Free State:
Golden Gate National Park – Nestled in the rolling foothills of the Maluti Mountains of the north-eastern Free State lies the Golden Gate Highlands National Park. The park derives its name from the brilliant shades of gold cast by the sun on the park's sandstone cliffs, especially the imposing Brandwag rock, keeping vigil over the main rest camp. This 11 600 hectares of unique environment is true highland habitat … see more about Golden Gate National Park.
In Mpumalanga / Limpopo:
Kruger National Park – Lying in the heart of the Lowveld is a wildlife sanctuary like no other, its atmosphere so unique that it allows those who enter its vastness to immerse themselves in the unpredictability and endless wilderness that is the true quality of Africa. Nearly 2 million hectares of land that stretch for 352 kilometres (20 000 square kilometres) from north to south along the Mozambique … see more about Kruger National Park.
In Limpopo:
Mapungubwe National Park – An extensive savannah landscape situated at the meeting place of the Limpopo and Shashe rivers, this is the land of sandstone formations, mopane woodlands, brooding baobabs, ancient floodplains and unique riverine forests that form a dramatic backcloth for the wealth of animal life – elephant, giraffe, buffalo, white rhino, gemsbok and other antelope, extensive bird life, and … see more about Mapungubwe National Park.
Marakele National Park – The Marakele National Park in the heart of the Waterberg Mountains has become a 'place of sanctuary' for a vast variety of wildlife mainly due to its location in the transitional zone between the dry western and moist eastern regions of South Africa. The Marakele National Park is characterised by contrasting majestic mountain landscapes, grass-clad hills and deep valleys … see more about Marakele National Park.
So what are you waiting for? If you haven't yet been to your local national park, this is the week to do it. Take a days leave from work, pack up your family and head off to one of the National Parks in your province and enjoy another of the reasons we call ourselves "Proudy South African"!
Please Note:
The Children younger than 16 will be allowed free access without having an ID document.
Free access does not include any of the commercial activities in the parks, such as guided safaris or walks.
For more information, visit www.sanparks.org.
Useful Links:
South Africa Game Reserves
South Africa's Attractions
South Africa Accommodation
Related Posts:
- National Parks Week – Visit a Park For Free Tomorrow or Friday
- Know Your National Parks – Spend a Day for FREE in a National Park this Week
- Addo Elephant Park Photograph
- National Parks week – get in for free
- Nature Reserves to visit in South Africa


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
March 28, 1996
CESAR JARABE, SR., INDIV. AND FOR THE BENEFIT OF THE ESTATE OF TOMASA ISMA JARABE, DECEASED, APPELLEE,v.THE INDUSTRIAL COMMISSION (AMERICAN AIRLINES, INC., APPELLANT).
The Honorable Justice Heiple delivered the opinion of the court:
The Honorable Justice HEIPLE delivered the opinion of the court:
After a hearing, the circuit court of Cook County declared unconstitutional, as a violation of due process and equal protection, section 7(i) of the Workers' Compensation Act (820 ILCS 305/7(i) (West 1992)). Section 7(i) limits the amount of death benefits payable to the dependents of a deceased employee if those dependents are aliens who do not reside in the United States, Mexico, or Canada. For the reasons that follow, we reverse the judgment of the trial court.
Plaintiffs, Cesar Jarabe, Sr., and Tomasa Isma Jarabe, nonresident aliens residing in the Philippines, claimed worker's compensation benefits following the death of their daughter, Abundia Jarabe McLeod, who was killed while working as a baggage handler for the defendant, American Airlines. After an arbitration hearing, plaintiffs *fn1 were awarded $297.51 per week in death benefits under section 7(b) of the Workers' Compensation Act, which provides that where a deceased worker does not leave a surviving widow or child but does leave a surviving parent or parents who were totally dependent on the earnings of the deceased worker, the parent or parents are entitled to weekly benefits of two-thirds the average weekly wage of the deceased worker. 820 ILCS 305/7(b) (West 1992). However, the Arbitrator found that plaintiffs' statutory benefits were limited by section 7(i) of the Act, which provides in pertinent part:
"(i) Whenever the dependents of a deceased employee are aliens not residing in the United States, Mexico or Canada, the amount of compensation payable is limited to the beneficiaries described in paragraphs (a), (b) and (c) of this Section and is 50% of the compensation provided in paragraphs (a), (b) and (c) of this Section, except as otherwise provided by treaty." 820 ILCS 305/7(i) (West 1992).
Plaintiffs were thus awarded $148.75 each week for life, representing 50% of the $297.51 per week which plaintiffs would have been entitled to in the absence of section 7(i). Plaintiffs appealed the award of benefits to the Industrial Commission, which affirmed the decision of the arbitrator. Thereafter, plaintiffs appealed the Commission's decision to the circuit court. The circuit court ruled that section 7(i) of the Act is unconstitutional, as it violates the due process and equal protection clauses of the Illinois and United States Constitutions.
Defendant appealed the circuit court's ruling to the appellate court. Upon plaintiffs' motion, the appeal was transferred to this court. 134 Ill. 2d R. 365(b).
Plaintiffs' primary contention on appeal is that section 7(i) of the Act violates the equal protection and due process clauses of the Illinois and United States Constitutions. Defendant responds that the plaintiffs do not have standing to challenge the statute on these grounds because nonresident aliens cannot avail themselves of these state or federal constitutional protections.
The fourteenth amendment to the federal Constitution provides:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." U.S. Const., amend. XIV.
The Illinois Constitution provides that "No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws." Ill. Const. 1970, art. I, § 2.
This court uses the same analysis in assessing equal protection claims under both the federal and the State Constitutions. People v. Reed, 148 Ill. 2d 1, 7, 169 Ill. Dec. 282, 591 N.E.2d 455 (1992). The standards governing the due process and equal protection inquiry are identical. Reed, 148 Ill. 2d at 11.
In the seminal case of Yick Wo v. Hopkins, 118 U.S. 356, 30 L. Ed. 220, 6 S. Ct. 1064 (1886), the United States Supreme Court held that the protection of the fourteenth amendment is territorial and applies only to those persons within the territorial jurisdiction of the United States. Contrary to plaintiffs' suggestions, Yick Wo's age does not vitiate its force as precedent. In Johnson v. Eisentrager, 339 U.S. 763, 771, 94 L. Ed. 1255, 1262, 70 S. Ct. 936, 940 (1950), the Court reaffirmed the precedent in Yick Wo when it observed:
"In extending constitutional protections beyond the citizenry, the Court has been at pains to point out that it was the alien's presence within its territorial jurisdiction that gave the Judiciary power to act. [Emphasis added.] In the pioneer case of Yick Wo v. Hopkins, the Court said of the Fourteenth Amendment, 'These provisions are universal in their application, to all persons within the territorial jurisdiction [emphasis omitted], without regard to any differences of race, of color, or of nationality; ***.'" Johnson, 339 U.S. at 771, 94 L. Ed. at 1262, 70 S. Ct. at 940, quoting Yick Wo, 118 U.S. at 369, 30 L. Ed. at 226, 6 S. Ct. at 1070.
Most recently, in Plyler v. Doe, 457 U.S. 202, 72 L. Ed. 2d 786, 102 S. Ct. 2382 (1982), the Court reaffirmed that the equal protection clause and the due process clause of the United States Constitution apply solely to citizens and resident aliens.
Simply stated, plaintiffs, as aliens who do not reside and who have never resided in the United States, cannot invoke the equal protection or due process clause of either the federal or State constitution in an effort to invalidate section 7(i) of the Act.
Plaintiffs contend, however, that they are not asserting their constitutional rights; rather, they maintain that they are asserting the constitutional rights of their deceased daughter. In support of their position, plaintiffs cite De Ayala v. Florida Farm Bureau Casualty Insurance Co., 543 So. 2d 204 (Fla. 1989), as well as Jurado v. Popejoy Construction Co., 253 Kan. 116, 853 P.2d 669 (1993), which adopted the De Ayala analysis. In De Ayala, the Florida Supreme Court reviewed a Florida worker's compensation statute which limited benefits to a deceased employee's dependents who did not reside in the United States or Canada to $1,000. The Florida Supreme Court rejected the defendant's contention that the nonresident aliens challenging the statute's constitutionality lacked standing to assert the claims. Emphasizing the Florida Constitution's clause that all persons "be rewarded for industry," the court reasoned that the case hinged on the constitutional rights of the deceased worker:
"The issue in this case is not what petitioners [the nonresident aliens] have earned, but what decedent earned during his life here in the State of Florida. This case concerns whether a worker who happens to have dependents residing out of the country is entitled to the same fruits of his or her labor as any other worker, including the same insurance benefits where the state has required those benefits to be provided." De Ayala, 543 So. 2d at 206.
After concluding that the petitioners had the requisite standing, the De Ayala court went on to strike down the statute at issue as unconstitutional.
We decline to adopt the reasoning of De Ayala and Jurado. Instead, we are persuaded by those courts which have concluded that the nonresident aliens challenging the constitutionality of similar statutes lack the requisite standing to do so. See Barge-Wagener Construction Co. v. Morales, 263 Ga. 190, 429 S.E.2d 671 (1993); Martinez v. Industrial Comm'n, 720 P.2d 416 (Utah 1986); Pedrazza v. Sid Fleming Contractor, Inc., 94 N.M. 59, 607 P.2d 597 (1980). We join these courts in rejecting the notion that a nonresident alien beneficiary may step into the constitutional shoes of the deceased employee.
Our conclusion, unlike the one reached in De Ayala and Jurado, is grounded not in policy but in precedent. This court has explicitly held that a deceased employee's beneficiary under the workers' compensation statute has no rights derivative of the deceased employee. A.O. Smith Corp. v. Industrial Comm'n, 109 Ill. 2d 52, 92 Ill. Dec. 524, 485 N.E.2d 335 (1985). In A.O. Smith, this court examined whether a dependent's cause of action arises on the date of the employee's accident or upon the date of the employee's resulting death. Citing American Steel Foundries v. Industrial Comm'n, 361 Ill. 582, 589, 198 N.E. 687 (1935), the court observed that a claim for compensation is a statutory benefit exclusively for the dependents and over which the employee has no control and is powerless to release, waive or extinguish. Reasoning that the Act confers upon an employee's dependents a new and independent right to compensation, this court concluded that the dependent's personal cause of action arose on the death of the employee. A.O. Smith, 109 Ill. 2d at 56.
Adherence to these prior decisions concerning the nature of death benefits precludes us from allowing plaintiffs standing to challenge the statute's constitutionality in place of their deceased daughter. The death benefits plaintiffs are provided in the workers' compensation system are personal to them and for their exclusive benefit. It is solely through the legislature's enactment of the Act that plaintiffs are eligible to receive any benefit upon the death of their daughter, and the legislature was within its authority in drawing the distinctions of which plaintiffs now complain.
As a final argument, plaintiffs suggest that section 7(i) of the Act is a statement of foreign policy and therefore infringes on the federal government's power to regulate foreign affairs. Plaintiffs cite no authority for this proposition. We find it patently meritless. The Act is neither a foreign policy document nor a treaty; rather, it is social welfare legislation which exists to provide employees and their dependents certain compensation for injuries or death suffered in the course of employment. Contrary to plaintiffs' bald assertion, neither the Act nor the particular provision at issue run afoul of principles of federalism.
We acknowledge that this decision may not hold the equitable appeal of the those of Florida and Kansas, both of which have struck down as unconstitutional similar distinctions in their compensation schemes. Our conclusion is inevitable, however, given that nonresident aliens cannot invoke the constitutional protections enjoyed by citizens and residents of the United States. It is within the General Assembly's purview, and not ours, to determine whether fairness dictates a revision in a scheme that differentiates between aliens who reside in the United States, Canada or Mexico and aliens who do not. Accordingly, the trial court's holding that section 7(i) of the Workers' Compensation Act is unconstitutional is reversed. The decision of the Industrial Commission is confirmed.
Circuit court judgment reversed;
Commission decision confirmed.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Your 25% discount has been sent to your email. Happy Shopping!
0 Items
Availability: Out of stock
City Chic designers take pride in working with high quality fabrics for our savvy curvy customers. For more details about the fabrics used in this style click here.
Centre back measurement- 55cm, 21 1/2 Inches.
Item Code: 56424GREYCHARCOAL


text:
Stitch Tsum Tsum Plush Roll-Up Shopper Bag
Item no. 466013966052
FREE SHIPPING on orders over £50
Let Stitch lend a hand on your next shopping trip! This bag features an eye-catching, Tsum Tsum pattern, rolls up to be stored inside the soft toy, and when worn, Stitch perches on your shoulder!See more See less
It's added to your bag!Checkout
It's added to your favourites!View Your Favourites
Added to {0} Gift List!View Your Gift List


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
New York Supreme and/or Appellate Courts Appellate Division, First Department
April 17, 2012
HASSAN SHABAZZ,PLAINTIFF,v.THE CITY OF NEW YORK, ET AL.,DEFENDANTS. [AND A THIRD-PARTY ACTION] THE PERECMAN FIRM, PLLC,NONPARTY APPELLANT,SEGAL & LAX, P.C.,NONPARTY RESPONDENT.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 17, 2012
Andrias, J.P., Friedman, Moskowitz, Freedman, Manzanet-Daniels, JJ.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered December 2, 2011, which, after a hearing for the judicial determination of the apportionment of legal fees earned in a personal injury action, apportioned 15% or $110,126.98 of the net contingency fee to the outgoing attorneys Segal & Lax, P.C., and apportioned the remainder to the incoming attorneys The Perecman Firm, PLLC, unanimously modified, on the facts, to reduce the apportionment of the net contingency fee to Segal & Lax to 5%, and increase the apportionment to The Perecman Firm to 95%, and otherwise affirmed, without costs.
Although the outgoing attorneys served the notices of claim on the municipal defendants, obtained plaintiff's medical records, represented him in a municipal 50-h hearing, and commenced the action by filing and serving a summons and complaint, the record shows that the incoming attorneys performed significantly more work. Indeed, the incoming attorneys conducted all of the discovery and depositions in the case, retained all of the experts, selected a jury, represented plaintiff throughout the 10-day jury trial, obtained a $4 million verdict in plaintiff's favor, made and opposed post-verdict motions, and ultimately negotiated a $2.2 million settlement on plaintiff's behalf in an action that was complicated by plaintiff's credibility issues and the lack of witnesses. Accordingly, we modify the apportionment of the attorney's fee to the extent indicated (see Brown v Governele, 29 AD3d 617 [2006]; Poulas v James Lenox House, Inc., 11 AD3d 332 [2004]; Greenberg v Cross Is. Indus., Inc., 522 F Supp 2d 463, 469 [ED NY 2007]).
© 1992-2012 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
You are hereHome › Hospital Services ›
Surgery Center
Minimally Invasive Procedures
Minimally invasive surgical techniques can provide patients with a number of benefits, including:
- Shorter hospital stays
- Quicker recovery times
- Less scarring
- Quicker return to normal activities
Surgeons at the Manatee Memorial Hospital can perform a wide range of minimally invasive procedures when they are appropriate for your medical condition. Minimally invasive surgical techniques can be used for both inpatient and outpatient procedures.
Inpatient Surgery
If your medical condition requires an inpatient surgical procedure, we'll work to make sure your stay at the hospital is comfortable and your recovery is quick using an individualized approach and advanced technology.
Outpatient Surgery
Manatee Memorial Hospital offers outpatient surgeries so that patients can schedule many surgical procedures in advance. Most outpatient surgeries don't require an overnight stay. You will receive individualized care with the convenience of recovering at home.
Additional Surgery Procedures
When you need to find a doctor for yourself or your family, our FREE Direct Doctors Plus physician referral service can help.
Search Our Physician Directory Below


text:
This content has been marked as final. Show 2 replies
1. Re: scjd textbookJDScoot May 6, 2011 1:22 AM (in response to Caarmel)The SCJD cert or as it's now called, the Oracle "Certified Master, Java SE 6 Developer" is a project based certification. Once you register for the exam you will be able to download the project specifications. You will then have 12 months from the time of purchase to complete the project according to the specifications and defend your design in an essay.
Since you passed the SCJP exam you should be quite familiar with the core Java language. Now it's time to really dig into the design of applications. I would recommend "[url http://www.amazon.com/First-Design-Patterns-Elisabeth-Freeman/dp/0596007124/ref=pd_ecc_rvi_cart_1]Head First Design Patterns". It has a very different style of presenting material but it gets the concepts across well in my opinion.
You'll also want a good reference book such as "[url http://www.amazon.com/Professional-Java-JDK-Clay-Richardson/dp/0471777102/ref=sr_1_5?ie=UTF8&qid=1304639450&sr=8-5]Professional Java JDK 6"
Last, look up the description of the [url http://education.oracle.com/pls/web_prod-plq-dad/db_pages.getpage?page_id=41&p_exam_id=1Z0_855]Developer Assignment on Oracles website and practice creating applications similar to what is described. Using what you have learned about design patterns and help from the reference book create several sample applications. Then try writing a brief explanation of why you designed it they way you did. Once you feel confident, take the exam. You have 12 months to complete the project from the date of purchase so you should have plenty of time.
Edited by: 856917 on May 5, 2011 6:18 PM
2. Re: scjd textbookCaarmel May 6, 2011 5:13 AM (in response to JDScoot)Thank you JDScoot. That was very helpful.


text:
Traditional Noh Performances in the Presence of a Bonfire
Takigi Noh is an annual event held at the Heian Jingu Shrine where the symbol of Kyoto, the red torii gate, is located. Takigi simply means "firewood" in Japanese, while Noh is the oldest form of musical theater that is well preserved in Japan.
The famous red torii gate at Heian Jingu Shrine's entrance
Known as the event that you should not miss out during June in Kyoto, Takigi Noh is a paid outdoor event featuring Noh and Kyogen performances which is held in the evening among bonfires.
Takigi Noh held at Heian Jingu Shrine
The history of Takigi Noh can be traced back to 1,000 years ago. The origin of the event is said to be connected with the Shunigatsu-e religious ceremonies which were held in the early spring at Kofukuji Temple in Nara.
Theater performances during Takigi Noh
Performances called Takigi-sarugaku were held at this time and the tradition of takigi-noh developed along with that of Noh as a theatre art. Takigi-noh reached the height of its popularity in the Edo period. Discontinued after the Imperial Restoration in 1868, it was revived in its present form after the Second World War.
Takigi Noh in Kyoto
In accordance with the trends of post-war revitalization, Heian Shrine was chosen by Kyoto City and Noh Association representatives as the most appropriate setting to realize goals of city tourism and the popularization of Noh through Takigi-noh.
The first Kyoto Takigi-Noh was held on May 23–24, 1950. The first 4 performances were held at the end of May, but in 1955 June 1–2nd were chosen as the permanent dates for the event.
Noh Theater
Noh is a major form of classical Japanese musical drama performed exclusively by men with recitative chants (called "Yokyoku") and a small orchestra (a flute and 3 drums only) accompanying the play. It is unique in its slow grace and its use of elaborate masks. Originating in dramatic performances at religious festivals in the 14th century, the present form of Noh was developed in the Muromachi Period by Kan'ami and his son, Zeami under the patronage of the Ashikaga clan.
Ancient musical theater, Noh
Noh continued to flourish in the Edo Period (17th to 19th century) under the patronage of feudal lords throughout Japan and became the preferred entertainment of the samurai.
Following the Meiji restoration, Noh gradually lost its popularity as the samurai became less influential in society. Nowadays, Noh is again regaining its popularity and a growing number of people from home and abroad are showing interest.
Noh's wooden stage
Being made of wood, the Noh stage is very different from other stages. It has an extension from a central main stage which is used by actors as a side stage. Very few stage settings are used although there is always a pine tree painted on the back wall of the stage.
Kyogen Theater
Comedy play, Kyogen
Kyogen is a form of traditional theater. It was performed along with Noh as an intermission of sorts between Noh acts and retains close links to Noh in modern times. However, its content is not at all similar to the formal, symbolic, and solemn Noh theater. Kyogen is comical in form, and its primary aim is to make the audience laugh.
Nenbutsu Kyogen is a unique Buddhist play performed without dialog.
The following are places to view these traditional plays.


text:
You have until Feb 1, 2017 to return or exchange items purchased between Nov 1, 2016 and Jan 1, 2017.
All other standard return policy conditions apply.
Angle View
Front View
Side View
Back View
All-Alloy Housing
Locking Teeth
Stand Mount
Carry Case
Top Mount
Show MoreLess
Now Viewing:
Product Highlights
Price: $1,999.00
Instant Savings: $900.00
You Pay: $1,099.00
The CL3-1500DSV Daylight PRO Studio LED Spot 3-CL500DSV Kit with V-Mount Battery Plates from Cool-Lux is built around three 15.75 x 10.12 x 3.37" 5,600K daylight balanced LED panels designed for professional video, broadcast and still applications. Each light comes with a power supply, lens cover, V-Mount battery plate, yoke, carry case and 7.5' stand with its own case. A CLB100 2-Section Heavy Duty Boom and counterweight are also included. The boom extends from 42 to 80" and supports gear up to 4 lb.
The CL500DSV features 5,600K daylight color balance with a high CRI of >95 for precise color rendering and pleasing flesh tones. It outputs an impressive 700 fc at 3' (the equivalent of a 500W spot hot light) while drawing only 30W. Light intensity can be adjusted without color shifting from 100-0% via a rear-panel dial. Ideal for the studio, the light's 30 degree beam angle ensures a high degree of directional control. Post-purchase benefits include reduced operating costs thanks to the CL500DSV's cool running LEDs that require far less air-conditioning in the studio, virtually no maintenance, and with a 50,000 hour life, no re-lamping and downtime.
The CL500DSV's sturdy aluminum body is supported by a yoke with a dual 5/8" stand mount that allows portrait or landscape orientation. The fixture's 100-240VAC power supply means you can use it anywhere in the world, while its V-Mount plate provides pro battery options when mains power is not available.