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November 21, 2006
MARIO WILLIAMS, PLAINTIFF,v.CITY OF CHICAGO ET AL., DEFENDANTS.
This matter is before the court on Plaintiff Mario Williams' ("Williams") motion for summary judgment, Defendants' motion for summary judgment, and Williams' motion to strike. For the reasons stated below, we grant Defendants' motion for summary judgment in its entirety, deny Williams' motion for summary judgment in its entirety, and deny Williams' motion to strike.
Williams alleges that on February 15, 2005, at around 2:00 a.m., Defendant Officer Rodriguez ("Rodriguez"), a police officer for Defendant City of Chicago ("City"), observed Williams in his parked truck in a traffic lane with his brother on Lake Shore Drive in Chicago, Illinois. Williams alleges that Rodriguez made a traffic stop, performed a sobriety test on Williams, and then arrested Williams for obstruction of traffic and driving under the influence. Williams also claims that he suffers from asthma and that Rodriguez refused to provide Williams with his inhaler for his asthma at the scene of the arrest or during his detention at the police station. According to Williams, while he was confined he also asked an unknown officer ("Unknown Officer") for his inhaler. Williams contends that neither Rodriguez nor the Unknown Officer provided him with his inhaler until after he had already been confined for hours.
Williams brought the instant action and includes in his complaint a claim brought against Rodriguez alleging a false arrest in violation of 42 U.S.C. § 1983 ("Section 1983") (Count I), a Section 1983 deliberate indifference claim brought against Rodriguez and the Unknown Officer (Count II), an Illinois state law denial of medical treatment claim brought against all Defendants (Count III), and a malicious prosecution claim brought against Rodriguez and the City (Count IV). Williams and Defendants have filed motions for summary judgment and Williams has moved to strike Defendants' memorandum in support of their motion for summary judgment.
Summary judgment is appropriate when the record, viewed in the light most favorable to the non-moving party, reveals that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). In seeking a grant of summary judgment the moving party must identify "those portions of 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)(quoting Fed. R. Civ. P. 56(c)). This initial burden may be satisfied by presenting specific evidence on a particular issue or by pointing out "an absence of evidence to support the non-moving party's case." Id. at 325. Once the movant has met this burden, the non-moving party cannot simply rest on the allegations in the pleadings, but, "by affidavits or as otherwise provided for in [Rule 56], must set forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56(e). A "genuine issue" in the context of a motion for summary judgment is not simply a "metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). Rather, a genuine issue of material fact exists when "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Insolia v. Philip Morris, Inc., 216 F.3d 596, 599 (7th Cir. 2000). The court must consider the record as a whole, in a light most favorable to the non-moving party, and draw all reasonable inferences that favor the non-moving party. Anderson, 477 U.S. at 255; Bay v. Cassens Transport Co., 212 F.3d 969, 972 (7th Cir. 2000). When there are cross motions for summary judgment, the court should "construe the evidence and all reasonable inferences in favor of the party against whom the motion under consideration is made." Premcor USA, Inc. v. American Home Assurance Co., 400 F.3d 523, 526-27 (7th Cir. 2005).
I. Motion to Strike
Williams argues that Defendants failed to comply with Local Rule 56.1 and that the court should thus strike Defendants' memorandum of law in support of their motion for summary judgment ("Memorandum") or in the alternative grant Williams' motion for summary judgment. Williams argues that Defendants improperly incorporated by reference their statement of material facts into the Memorandum ("Reference") and Defendants failed to include a recitation of the facts of this case in the Memorandum. Williams argues that the Reference allowed Defendants to circumvent the fifteen page limit for briefs and include additional arguments. Defendants state in the Memorandum that "[t]he statement of facts is found in Defendants' Local Rule 56.1(a)(3) Statement of Uncontested Facts." (Mem. DSJ 1). Defendants did not explicitly incorporate the statement of facts into the Memorandum and Williams has not cited any rule or precedent that bars a movant from notifying the court that the facts of the case are included in the Local Rule 56.1 statement of material facts.
Williams also contends that under Local Rule 56.1, a party "has an obligation to recite its version of facts in its supporting memorandum . . . ." (Mot. Str. 2). However, Local Rule 56.1 addresses the parties' statements of facts and responses and contains no such requirement in regards to memorandums of law. A party is not required by Local Rules to include a facts section in a memorandum of law and Williams has not cited any controlling precedent that requires such a section. A party is free to provide a fact section in its memorandum of law, and such a section might improve the clarity of that party's positions and arguments, but no such factual section is required. Therefore, we deny Williams' motion to strike.
II. False Arrest Claim (Count I)
Defendants argue that Rodriguez had probable cause to perform the traffic stop, perform a sobriety test and to arrest Williams. The Fourth Amendment guarantees that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause." U.S. Const. amend. IV. In reviewing a Fourth Amendment claim, the "touchstone" for the "inquiry is reasonableness, . . . a standard measured in light of the totality of the circumstances and determined by balancing the degree to which a challenged action intrudes on an individual's privacy and the degree to which the action promotes a legitimate government interest." Green v. Butler, 420 F.3d 689, 694-95 (7th Cir. 2005). An arrest is not constitutional unless the arresting officer has probable cause. Lawrence v. Kenosha County, 391 F.3d 837, 842 (7th Cir. 2004); Smith v. City of Chicago,913 F.2d 469, 473 (7th Cir. 1990)(stating that "[r]egardless of the defendant's motives toward the plaintiff, the existence of probable cause for arrest is an absolute bar to a Section 1983 claim for unlawful arrest, false imprisonment, or malicious prosecution"). An officer has probable cause "if the totality of the facts and circumstances known to a reasonable arresting officer would support the belief that the suspect has committed or is committing a crime." Lawrence, 391 F.3d at 842 (quoting Driebel v. City of Milwaukee, 298 F.3d 622, 643 (7th Cir. 2002)).
A. Initiation of Traffic Stop
Defendants contend that Rodriguez had probable cause to make the traffic stop. Williams claims that on the night in question he was driving a truck on Lake Shore Drive in Chicago, Illinois and his brother was a passenger in the back seat of the truck. (R DSF Par. 7). Williams also claims that he was having asthma problems and he decided to pull the truck over on Lake Shore Drive in order to let his brother drive. Williams admits, pursuant to Local Rule 56.1, that he "stopped his vehicle in the far right lane of southbound Lake Shore Drive, between Monroe and Jackson, approximately six or seven car lengths away from the streetlight at Jackson, and put his hazard lights on." ( R DSF Par. 9). Williams also admits that he drew a diagram that accurately reflects the location of his truck, which is attached to Defendants' statement of material facts as Exhibit 4, and which shows that his truck was parked in a traffic lane. (R DSF Par. 10). Williams also admits that he parked the truck for more than an instant, indicating that before Rodriguez pulled up Williams had been parked there for "two to five minutes." (W. Dep. 97)(R DSF Par. 12). Williams also admits that when Rodriguez approached the scene Rodriguez saw two other vehicles that had pulled up behind Williams' truck. (R DSAF Par. 1). Thus, the undisputed evidence shows that when Rodriguez approached the scene, he saw a truck stopped in a traffic lane on Lake Shore Drive and that the vehicle remained stationary for more than an instant, and in fact appeared to be parked.
Williams contends that when he parked the truck it was late at night and "there was little traffic," (Mem. WSJ 3), and that he therefore did not violate 625 ILCS 5/11-1301 ("Section 5/11-1301") which provides the following:
§ 11-1301. Stopping, standing or parking outside of business or residence district.
(a) Outside a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave such vehicle off the roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway. 625 ILCS 5/11-1301(a). There is no mention in Section 5/11-1301 that indicates a driver can park on a roadway if the driver deems the traffic flow to be light. Section 5/11-1301 also provides that a driver should not park "upon the roadway when it is practicable to stop, park or so leave such vehicle off the roadway . . . ." Id. Williams claims that he stopped because he was having difficulty with his asthma condition and in response to Defendants' statement of facts he contends that it "was an emergency." (R DSF Par. 11). However, there are no facts that would indicate that his condition was such that he could not have sought a proper area to park his vehicle before switching drivers. Williams acknowledges that he was not incapacitated mentally or physically, admitting that he "stopped his vehicle with the intention of switching drivers" and that "[h]e intended to exit the vehicle first, in order to allow his brother to move from the back seat into the driver's seat." (R SF Par. 11). Also, while Williams' drawing of Lake Shore Drive does not indicate that there was a place to pull over alongside of the road, Williams admits that he parked his truck "approximately six or seven car lengths away from the streetlight at Jackson . . . ." (R DSF Par. 9). Thus, the undisputed evidence shows that Williams could have exited Lake Shore Drive and/or proceeded further on Lake Shore Drive and sought somewhere to legally park rather than parking in a moving traffic lane. Although the parties agree that Williams told Rodriguez at the scene of the arrest that he "was not feeling well," there is no evidence Williams' asthma condition affected him to the extent that he could not have legally parked his vehicle and that he needed to stop in a moving traffic lane.
In addition, whether Williams actually violated Section 5/11-1301 or whether Rodriguez cited the proper statute in his ticket is not determinative for a probable cause analysis. Williams contends that the issue of whether he violated traffic laws "is hotly disputed and thus, not amenable to a summary judgment." (Ans. DSJ 1). However, as is indicated above, the standard for a probable cause determination is not whether the arresting officer's beliefs and conduct turns out to be correct, but rather whether a reasonable arresting officer would have had such a belief and acted accordingly. Lawrence, 391 F.3d at 842. Regardless of whether there was little traffic when Williams pulled over or whether Williams technically violated Section 5/11-1301, the undisputed facts show that Rodriguez saw a truck parked on Lake Shore Drive in a lane designated for moving traffic. That observation alone would have provided Rodriguez with justification to investigate the situation in order to protect the safety of those in the truck and persons in vehicles that might pass by the location where the truck was parked. Finally, we note that Williams even admits in his memorandum in support of his motion for summary judgment that the traffic "stop might have been valid." (Mem. WSJ 6). Thus, based upon the undisputed evidence, no reasonable trier of fact could conclude other than that Rodriguez had probable cause to perform a traffic stop when he discovered Williams' truck parked on Lake Shore Drive.
B. Observations of Rodriguez When he Approached Vehicle
Williams argues that Rodriguez lacked probable cause to conclude that he should administer a sobriety test. However, Williams admits to certain facts that show that Rodriguez made observations that indicated that Williams was intoxicated. Williams admits that "[i]f an officer believes an individual is impaired, the next step is to offer them a field sobriety test." (R DSF Par. 17). Defendants contend in statement of material facts paragraph number 14 ("Paragraph 14") that when Rodriguez approached the truck he "detected a strong odor of alcohol on plaintiff's breath and saw that his eyes were bloodshot." (DSF Par. 14). Williams' only response to Paragraph 14 is that he "had not been drinking" and Williams provides no response to the facts concerning the odor in the truck and the condition of Williams' eyes. (R DSF Par. 14). Since Williams did not deny the accuracy of Rodriguez's observations listed in Paragraph 14 and instead provided an evasive response to the statement of material fact, the fact is deemed admitted pursuant to Local Rule 56.1. Ammons v. Aramark Uniform Servs., Inc., 368 F.3d 809, 817 (7th Cir. 2004)(stating "that a district court is entitled to expect strict compliance with Rule 56.1" and that "[s]ubstantial compliance is not strict compliance"); LR 56.1; Jankovich v. Exelon Corp., 2003 WL 260714, at *5 (N.D. Ill. 2003)(indicating that evasive denials that do not directly oppose an assertion are improper and thus the contested fact is deemed to be admitted pursuant to Local Rule 56.1). Williams also expressly admits in response to Defendants' statement of material facts paragraph number 15 that "his eyes were red and bloodshot," but argues that his "eyes were always red as a side effect of his asthma." (R DSF Par. 15).
In regards to the determination of whether Rodriguez had probable cause, the court must determine whether a reasonable officer would have believed that Williams had been drinking alcohol. Lawrence, 391 F.3d at 842. Williams contends that, although Williams or his truck smelled like alcohol, he "had not been drinking" and that his eyes were bloodshot because his asthma made his eyes red. However, Williams' explanations do not negate the fact that the observations made by Rodriguez would have been sufficient for a reasonable officer to conclude that Williams had been drinking alcohol and might be intoxicated. The undisputed facts also indicate that Rodriguez asked Williams if he had been drinking and Williams "said no." (R DSF Par. 13). However, from a reasonable officer's point of view in Rodriguez's position, such a denial could have been made by an intoxicated individual that desired to avoid an arrest.
Williams also argues that Rodriguez did not smell alcohol because "there was none in the vehicle" and that Rodriguez did not observe Williams' vehicle "driving erratically." (Mem. WSJ 2). Such arguments, however, are red herrings. Rodriguez could easily have noticed the smell of alcohol in the truck regardless of whether there was a container in the truck. The smell could have come from Williams' breath or clothing. Also, the fact that Rodriguez did not observe Williams driving erratically is due to the undisputed fact that Rodriguez first observed the truck after it had been parked for several minutes and thus never saw the vehicle in motion. (R DSF Par. 12)(R DSAF Par.1).
Williams also argues that the officer on duty at the police station lockup "reported that the Plaintiff did not smell like alcohol." (Mem. WSJ 2). However, the only evidence cited by Williams in support of that statement is the report prepared by the lockup officer. (WSF Par. 30). Defendants admit, pursuant to Local Rule 56.1, that the statement is accurate. (R WSF Par. 30). However, we note that the report only included preprinted observations regarding whether the inmate appeared to be under the influence of alcohol. There is no preprinted box concerning odors and there is no statement written by the lockup officer affirmatively stating that he did not smell alcohol on the person of Williams. Also, the observations of the lockup officer do not change the fact that Williams has admitted, pursuant to Local Rule 56.1, that Rodriguez smelled alcohol when he approached the truck. Finally, it is possible that the smell of alcohol present at the arrest scene, whether it came from Williams' breath or his clothing, could have dissipated by the time that Williams was placed in lockup at the police station. Thus, based upon the above undisputed facts, no reasonable trier of fact could conclude other than that Rodriguez had sufficient justification to administer the sobriety test on Williams.
C. Sobriety Test
Williams argues that his "performance on the field sobriety tests . . . was substantially successfully completed" and that Rodriguez thus did not have reason to conclude that Williams was driving under the influence. (Ans. DSJ 6). Thus, Williams admits in his answer that at best he only "substantially successfully completed" the sobriety test and could not perform all the necessary actions for the test. (Ans. DSJ 6). Also, Williams makes other admissions that show that Rodriguez was justified in concluding that Williams was intoxicated based upon Williams' performance on the sobriety test. Williams admits that a "[f]ield sobriety test includes a finger-to-nose test, one-leg stand test, and the walk-and-turn test." (R DSF Par. 17). Defendants assert in statement of material facts paragraph number 25 ("Paragraph 25") that Rodriguez "saw plaintiff sway from side to side while performing the finger-to-nose test," that "[w]hile performing the walk-and-turn test, plaintiff failed to touch his heel to toe several times, forward and back," and that Williams "had to stop and steady himself twice, stepping off the line four times." (DSF Par. 25). Williams denies the veracity of Paragraph 25 and contends that although Rodriguez testified as such at his deposition, Rodriguez testified in a contrary manner at the criminal trial. (R DSF Par. 25). Specifically, Williams contends that at trial Rodriguez testified that he did not observe Williams swaying. (R DSF Par. 25).
The only evidence cited by Williams in support of his denial of Paragraph 25 is page 43 of the trial transcript that indicates that Rodriguez stated he did not "observe swaying." (R DSF Par. 25);(W. Ex. 3 43). Williams, however, takes that statement by Rodriguez out of context. The statement by Rodriguez at trial that he did not observe Williams swaying was solely made in regard to the walk-and-turn test and thus, pursuant to Local Rule 56.1, in the absence of a citation to evidence to support a denial, it is deemed as undisputed that Williams admits to swaying during the finger-to-nose test as is provided in Paragraph 25. LR 56.1; Dent v. Bestfoods, 2003 WL 22025008, at *1 n.1 (N.D. Ill. 2003)(stating that "[a] denial is improper if the denial is not accompanied by specific references to admissible evidence or at least evidence that represents admissible evidence"). (W. Ex. 3 43). Also, a close examination of Rodriguez's trial testimony transcript, which is cited by Williams, shows that his testimony was entirely consistent with the facts included in Paragraph 25. For example, Rodriguez testified that during the finger-to-nose test Williams "swayed from side to side." (W. Ex. 3 41). Rodriguez also testified that Williams was unable to successfully perform the one leg-stand test and that he had to repeatedly "stop and steady himself" during the walk-and-turn test. (W. Ex. 3 43). Rodriguez also testified that Williams missed touching his heal to his toes three times. (W. Ex. 3 43). Thus, Williams has failed to point to any evidence that shows that he was able to perform the necessary actions in order to pass the sobriety test, and in fact the evidence cited by Williams corroborates Defendants' contention that Williams failed to pass the sobriety test.
Thus, the undisputed facts show that Rodriguez came upon a parked truck in a traffic lane on Lake Shore Drive. The undisputed facts also show that when Rodriguez approached the truck he smelled the odor of alcohol and that Williams' eyes were bloodshot. Finally, the undisputed evidence shows that Williams failed to successfully complete the sobriety test. Based upon such facts, no reasonable trier of fact could conclude other than that Rodriguez justifiably believed that Williams was unlawfully intoxicated and that Rodriguez had probable cause to arrest Williams. Therefore, we grant Defendants' motion for summary judgment on the false arrest claim (Count I) and deny Williams' motion for summary judgment on that claim.
III. Deliberate Indifference Section 1983 Claim (Count II)
Defendants argue that Williams cannot prevail on the deliberate indifference Section 1983 claim (Count II) because Williams has not shown that he suffered any harm that was objectively serious. The protections of the Eighth Amendment do not apply to pretrial detainees, but "the Due Process Clause of the Fourteenth Amendment protects pretrial detainees under the same standard as the Eighth Amendment." Zentmyer v. Kendall County, Ill., 220 F.3d 805, 810 (7th Cir. 2000); see also Fisher v. Lovejoy, 414 F.3d 659, 662 n.1 (7th Cir. 2005)(stating that "in cases involving pre-trial detainees, [the Court] commonly consult[s] the 'analogous standards of Eighth Amendment jurisprudence'")(quoting in part Jackson v. Ill. Medi-Car, Inc., 300 F.3d 760, 764 (7th Cir. 2002)). Under the Eighth Amendment standard, a plaintiff is required to establish that: "(1) the harm to the plaintiff was objectively serious; and (2) the official was deliberately indifferent to h[is] health or safety." Board v. Farnham, 394 F.3d 469, 478 (7th Cir. 2005); see also Langston v. Peters, 100 F.3d 1235, 1240 (7th Cir.1996)(stating that "a prison official may evidence deliberate indifference by failing to treat or delaying the treatment of a serious medical need" but that "for liability to exist the medical need must be objectively serious"). A medical need that signifies serious harm to a plaintiff is defined as "one that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention." Henderson v. Sheahan, 196 F.3d 839, 846 (7th Cir. 1999)(quoting Gutierrez v. Peters, 111 F.3d 1364, 1374 (7th Cir. 1997)).
In the instant action, there is ample evidence that shows that Williams was not subjected to a serious risk of harm in regards to his asthma condition. Williams admits that when Rodriguez approached the truck Williams told Rodriguez that he was "not feeling well." (R DSF Par. 18). Defendants assert in statement of material facts paragraph number 27 ("Paragraph 27") that Williams "did not tell officer Rodriguez he was having an asthma attack or having asthmatic problems before or during the field sobriety tests." (DSF Par. 27). Williams denies the facts included in Paragraph 27, but in support of his denial he cites page 103 of his deposition transcript. (R DSF Par. 27). However, on that page of the transcript Williams testified at his deposition only that he said he "wasn't feeling well." (W. Dep. 103).
Williams also cites page 33 of his brother's deposition transcript and argues that "when Rodriguez asked Williams to exit the vehicle, Williams explained to Rodriguez that he was in need of his asthma medication, as the cold February air causes this asthma to flare-up." (R DSF Par. 27). However, the conversation referred to by Williams that was mentioned in his brother's deposition was a conversation between Williams and his brother. (MW Dep. 33). In fact, Williams' brother also admitted that he "never heard [Williams] ask [Rodriguez] for his [medical] spray." (MM Dep. 33). Thus, in the absence of a citation by Williams to evidence that contradicts Defendants' contention that Williams "did not tell officer Rodriguez he was having an asthma attack or having asthmatic problems before or during the field sobriety tests," the facts are deemed undisputed pursuant to Local Rule 56.1. (DSF Par. 27). Williams also fails to cite to any evidence that would contradict Defendants' contention that at the time of the sobriety test Williams never told Rodriguez that "he needed medical attention or medication" and, thus, such facts are deemed undisputed pursuant to Local Rule 56.1. (R DSF Par. 28). The undisputed fact that Williams never mentioned to Rodriguez at the arrest scene that he was having trouble with his asthma or informed Rodriguez that he needed medication or immediate medical assistance is evidence that indicates that Williams was in fact not suffering significantly from any asthma related symptoms that represented a serious threat of harm to Williams. Williams also admits that he was able to exit his truck and engage in conversations with Rodriguez, which is further evidence that Williams was not suffering from any serious breathing difficulties at that juncture. (R DSF Par. 18, 19, 21). Williams fails to point to any evidence that would indicate that he was subjected to a serious risk of harm at the arrest scene.
There is also no evidence to indicate that Williams was suffering from a serious medical condition while detained at the police station. Williams admits that prior to being asked to take the Breathalyzer test at the police station he never told Rodriguez "or anybody else that [he was] having difficulty breathing or had asthma problems . . . ." (W. Dep. 122). Williams admits that when Rodriguez asked Williams to take the Breathalyzer test Williams did not tell him that he "wanted to see a doctor." (W. Dep. 130). Williams also testified at his deposition that during his confinement he never told "anybody that [he] wanted to go to the hospital." (W. Dep. 131). Williams also testified that he tried to call the "turnkey" so that he could inform him about his inhaler, but other than that alleged effort, Williams never told "anybody that [he] needed medical attention." (W. Dep. 131). If Williams had been in dire need of medical attention, as he now contends, he clearly would have told any available officer of his need. The fact that he admittedly did not do so shows that he was not in need of such medical attention.
Williams also acknowledges that while he was confined in his cell, he "was hollering for someone to bring him his inhaler for hours" and that "[h]e was also knocking on the window and walls of the cell." (R DSF Par. 44). Such continuous verbalization and physical conduct is not consistent with Williams' assertion that he was having trouble breathing due to his asthma. Williams also concedes that he was eventually provided with his inhaler during his confinement. (R. DSF Par. 45).
Williams points out that he sought medical treatment for his asthma condition after his detention. However, Williams admits that he did not seek medical treatment for his asthma until the day after being released and that it was not the first time that he had sought such medical attention. (R DSF Par 47, 51). There is insufficient evidence that would show that Williams' asthma condition caused him to face a serious medical harm during his arrest or confinement. Williams concedes that the officers at the police station possessed his inhaler and there is no evidence that indicates that if Williams had in fact started having serious breathing difficulties that Rodriguez, the Unknown Officer, or some other officer would not have provided Williams with his inhaler.
Williams cites Board v. Farnham, 394 F.3d 469 (7th Cir. 2005) in support of his assertion that he was suffering from a serious medical condition when he was arrested and confined. (Mem. WSJ 8). In Farnham, the Court recognized that asthma could constitute a serious medical condition that would support a deliberate indifference claim. Id. at 484. However, the Court in Farnham did not state that asthma is always considered a serious medical condition, but rather concluded that asthma "can be, and frequently is, a serious medical condition, depending on the severity of the attacks." Id. (emphasis added). In the instant action, unlike in Farnham,there are not sufficient facts that showed that Williams was suffering from a severe asthma attack, or for that matter from any asthma attack, during his arrest or confinement. In Farnham, the Court noted that, according to the plaintiff, the defendant's conduct "exacerbated [the plaintiff's] asthma causing him to be taken to the emergency room on two separate occasions for his asthma-related problems." Id. The plaintiff in Farnham also contended that "his condition worsened resulting in severe breathing difficulties that forced him to begin using a breathing machine for the first time in his life" and that "on a number of occasions he was denied the use of his inhaler and that the deprivation of the inhaler nearly killed him." Id. In contrast, in the instant action, Williams had ample opportunity to request medical attention during his arrest and detention and never did so. Williams has not pointed to any evidence that shows he exhibited symptoms of severe breathing difficulties during his confinement. Williams admits that he did not even seek medical attention when he was released and neglected to seek medical attention until the next day. Finally, there is no evidence that Williams faced a risk of any asthma related harm because there is no evidence that shows that the officers would not have provided Williams with his inhaler if he had an asthma attack. Thus, the instant action is distinguishable from Farnham. Finally, we note that Williams has not presented any expert report or verified medical evidence to show the harm to his health that allegedly resulted from the temporary deprivation of his inhaler. See Langston, 100 F.3d at 1240 (stating that "[a]n inmate who complains that delay in medical treatment rose to a constitutional violation must place verifying medical evidence in the record to establish the detrimental effect of delay in medical treatment to succeed")(quoting Beyerbach v. Sears,49 F.3d 1324, 1326 (8th Cir. 1995))(emphasis in original). Based on the above, no reasonable trier of fact could conclude other than that no harm was caused to Williams during his arrest or confinement that was objectively serious. Therefore, we grant Defendants' motion for summary judgment on the Section 1983 deliberate indifference claim (Count II) and deny Williams' motion for summary judgment on that claim.
IV. State Denial of Medical Treatment Claim (Count III)
Williams contends that Defendants denied him necessary medical treatment in violation of Illinois law. As is explained above, the undisputed evidence shows that Williams failed to request a doctor or medical care or ask to be taken to a hospital during his arrest or confinement despite having ample opportunity to do so. There is an absence of evidence that shows Williams exhibited symptoms relating to severe breathing difficulties. To the contrary, there is other evidence that would be indicative that Williams did not exhibit severe asthma symptoms. There is evidence that shows that Williams' inhaler was at the police station and there is an absence of evidence that would indicate that Williams would not have been provided with his inhaler if he in fact had an asthma attack. Finally, the evidence shows that Williams failed to even mention his inhaler to Rodriguez until well into Williams' confinement. Thus, the undisputed evidence clearly shows that Defendants did not deny Williams necessary medical treatment.
Williams and Defendants also agree that the standard applied for Williams' state law denial of medical treatment claim is the same standard applied to his Section 1983 deliberate indifference claim. (Mem. DSJ 12);(Ans. DSJ 14); Regalado v. City of Chicago, 40 F.Supp.2d 1009, 1012 (N.D. Ill. 1999). Since the undisputed evidence shows that Williams cannot prevail upon his Section 1983 deliberate indifference claim, he cannot prevail on his state law denial of medical treatment claim as well. Therefore, we grant Defendants' motion for summary judgment on the state law denial of medical treatment claim (Count III) and deny Williams' motion for summary judgment on that claim.
V. Malicious Prosecution Claim (Count IV)
Williams contends that after the arrest, Rodriguez maliciously prosecuted the criminal charges brought against Williams. Under Illinois law, for a malicious prosecution claim, a plaintiff must establish: "(1) the commencement or continuance of an original criminal or civil judicial proceeding by the defendant; (2) the termination of the proceeding in favor of the plaintiff; (3) the absence of probable cause for such proceeding; (4) the presence of malice; and (5) damages resulting to the plaintiff." Joiner v. Benton Community Bank, 411 N.E.2d 229, 232 (Ill. 1980)(quoting Ritchey v. Maksin, 376 N.E.2d 991, 993 (1978)). As is explained above, the undisputed evidence shows that no reasonable trier of fact could conclude other than that Rodriguez had probable cause to charge and arrest Williams. Williams concedes that if Rodriguez had probable cause to charge and arrest Williams, Williams then could not prevail upon his malicious prosecution claim. (Ans. DSJ 14-15). We also note that there is an absence of evidence that shows that Rodriguez had any malice towards Williams which would prevent Williams from prevailing on his malicious prosecution claim. Therefore, we grant Defendants' motion for summary judgment on the malicious prosecution claim (Count IV) and deny Williams' motion for summary judgment on that claim.
VI. Qualified Immunity
Defendants argue that Rodriguez is protected by qualified immunity. A government official is protected from civil monetary liability by qualified immunity when performing official discretionary functions if the official's "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Siebert v. Severino, 256 F.3d 648, 654 (7th Cir. 2001)(quoting Harlow v. Fitzgerald, 457 U.S. 800 (1982)). Qualified immunity does not apply to a situation in which "the violation is so obvious that a reasonable state actor would know that what they are doing violates the Constitution, or if a closely analogous case establishes that the conduct is unconstitutional." Id.
In the instant action, as is explained above, the undisputed evidence clearly shows that Rodriguez had probable cause to conduct the traffic stop, sobriety test, and to arrest Rodriguez. In addition, the undisputed evidence clearly shows that Williams never appeared to be suffering from any serious medical condition during the arrest or his confinement, and that Williams never informed Rodriguez in a timely fashion of any medical problems. Although Williams told Rodriguez during the arrest that he was not feeling well and Williams attempted to avoid taking the Breathalyzer test during his confinement, such conduct was consistent with an individual who was intoxicated and attempting to avoid detection by the police.
Thus, a reasonable officer in Rodriguez's position could not have concluded that he was violating any of Williams' constitutional rights, and to the extent that Williams could have prevailed on any of his claims in the instant action, such claims would be barred by Rodriguez's qualified immunity.
Based on the foregoing analysis, we grant Defendants' motion for summary judgment in its entirety, deny Williams' motion for summary judgment in its entirety, and deny Williams' motion to strike. We also conclude that the claims in this action are barred by Rodriguez's qualified immunity.
Samuel Der-Yeghiayan United States District Court Judge
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The ES9000 offers Samsung's Smart TV features – Smart Interaction, Smart Content and Smart Evolution. These features enable users to control and interact in a more intuitive way.
Moreover, the ES9000 includes Sound Share, the newest Smart TV feature, which automatically and wirelessly connects TV audio to Samsung's Series 6 and Series 7 Wireless Audio with Dock Systems.
Furthermore, the ES9000 offers a faster and more seamless Smart TV experience to fit the ultimate lifestyle, through a new dual-core processor that allows consumers to download and use multiple apps while browsing the Web.
Samsung has also introduced the new Angry Birds app for its Smart Interaction-enabled TVs. Users will be able to enjoy Angry Birds entirely with gesture controls – no controller needed.
Consumers buying a Samsung 3D TV model from LED Series 6 or a Plasma Series 5 will get a 3D BD Player along with 3D Movie titles worth Rs 10,990.
While LED TV Series 5 will get consumers a free Skype camera and Wi-Fi dongle, all 32" and above size Panel TVs and any Samsung Home Theatre System, will offer consumers a free 51 Movie DVD pack. Purchase of any Samsung Home Theatre System will additionally assure a saving of up to Rs 10,000.

subset: commoncrawl


text:
Question goes here
1,300 Followers
What's the difference between terms of service and EULA?
What's the difference between a Terms of Service and an End User License Agreement and when is one more appropriate than the other?
Which of these agreements would a SaaS-based software subscription provider need? ToS or EULA? Is making the agreement available on the company's web site so users can view it sufficient or must it be formally accepted and signed by the client (i.e. the one who pays for the service)? What about users within the customer organization who use the service? Do they need to accept it on first login?
Which of these agreements would a SaaS-based software subscription provider need? ToS or EULA? Is making the agreement available on the company's web site so users can view it sufficient or must it be formally accepted and signed by the client (i.e. the one who pays for the service)? What about users within the customer organization who use the service? Do they need to accept it on first login?
9 Replies
Mike Taylor Entrepreneur
Web Developer
I've attempted to find concrete answers on this topic as well. In general, I think a the ToS is used for SaaS apps - since it is a service, provided as an on-going subscription. An EULA is usually used where the software is installed on a computer, and usually limited to a fixed number of devices or users, possibly over a fixed time duration.
You may find the topics on Wikipedia to be useful:
I think that it matter's less what what you call the document, and more that the document covers the legal agreement that you intend create between the users and your company. I use the click-wrap method, and enforce it on all users, using language that covers both the purchaser and all users.
Andrew Westberg Entrepreneur
Nike+ Running App Android Developer at Nike
I'm not affiliated with them in any way, but a startup company in my city has a SaaS platform for managing these agreements and ensuring legal compliance.http://www.pactsafe.com/
Steven Rubenstein Entrepreneur
Entrepreneur, Activist, Developer and soon Solver of all the World's Problems
You are not really "licensing" the software. EULA generally refers to software. So ToS is a more appropriate fit for a hosted service.
As for ensuring that users agree to the ToS, in general a company is agreeing on behalf of its users. But if your ToS ha any provisions that affect individual users -- such as privacy, legal, security, etc., then you can ask them to review and agree to it. Of course, no one will actually read it anyway.
If you are going to require they agree to it, make sure you store in your database the date and time they did. Otherwise it is meaningless. Recording their IP address is also useful if you truly need to prove later on that it was them.
Ed Lavalette Entrepreneur
Project Manager and Consultant
EULA typically applies to the agreement that covers the use of your software.
TOS is a complete set of terms that covers use of your website or other service, which might include licensing terms.
For a SaaS solution, a TOS is probably more applicable and as noted by Stephen, a click though should be sufficient as long as you log it and I would go even further to show this information in the users profile for added evidence.
Antone Johnson Entrepreneur
Social/Digital Media/Mobile Startup Lawyer, Advisor, Board member, Commentator
EULAis meant to cover a software application; Terms of Service govern a website (including mobile Web) and underlying services. Either can be binding in "click-wrap" or "browse-wrap" form under US law. Both apply to every end user. The EULA applies to anyone who downloads and uses the software. Unless otherwise specified, TOS applies to everyone visiting the site, which often contains both public and private areas. In neither case are they necessarily registered or paying customers.
Beyond those generalizations, things get product-specific in a hurry. SaaS blurs the line in many cases by providing a proprietary service, the front end of which may be nothing but a website. Using Dropbox as an example, the cloud storage service accessed through a Web browser is covered by TOS (and Privacy Policy, another key component) - but if you download and install their application on your computer, that app should be covered by a EULA. That doesn't mean the TOS doesn't still apply, though, as long as you're still using the service one way or another. A customer's relationship with Dropbox may well be governed by the TOS, Privacy Policy, desktop app EULA, and mobile app EULA. (Apple requires iOS developers to provide one; if the developer doesn't supply it, Apple will use its own standard form by default.) In practice, the EULAs tend to be very boilerplate, mostly protecting the developer with agreements not to pirate the software, decompile or reverse engineer it, etc.
The second part of this question is specific to enterprise licensing. Again using Dropbox as an example, you can read and download its separate TOS for a Business account. In theory, at least under US law, virtually all terms and contracts could be approved using "click-wrap" agreements. In practice, while small business agreements are often done with an online click-through, larger enterprise deals are far more likely to be documented by a comprehensive license/services agreement. (This may be in addition to, not instead of, the EULA or TOS.) That agreement requires signature by a person with authority to enter into contracts on behalf of the customer business entity (corporation, etc.).
Disclaimer: I'm a California licensed attorney, but this is legal information, not advice. Laws can vary dramatically between jurisdictions.
Richard Pridham Entrepreneur • Advisor
Investor, President & CEO at Retina Labs
Thanks everyone! This really helps.
Antoine: If the "service" in question is 100% browser-based and does not require any software to be installed on the device, does that mean a EULA is not necessary?
Just to clarify, when you say "click-wrap" agreement, is this simply clicking a box that you've read and accepted the agreement?
Eric Prugh Advisor
Co-founder & COO at PactSafe
Hi Richard! If you're keen to read more about how to ensure a clickwrap is enforceable, we recently published a blog post on this topic: https://www.pactsafe.com/blog/what-is-a-website-terms-of-use
There's also links for more on what a clickwrap & browsewrap agreement are to help explain that further.
Richard Pridham Entrepreneur • Advisor
Investor, President & CEO at Retina Labs
Thanks Eric. BTW: as per Andrew Westberg's advice above, I visited your site. Looks interesting. I'll probably reach out to get a demo. A couple of areas I'd like to explore with your service is a) integrating with our SaaS platform and b) our marketing automation/CRM system.
Eric Prugh Advisor
Co-founder & COO at PactSafe
Sounds great, Richard! Let me know how I can help - eric [at] pactsafe.com.
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Denim Shirt + A Fun Skirt
July 11, 2013
21 comments:
Totally on the same page today...I'm rocking my chambray shirt for a day of errands! That J.Crew one is the best investment ever!ReplyDelete
Cathy, your Poor Little It Girl
So pretty and effortless.ReplyDelete
Adela x
I'm really loving this look Devon. It really does look so chic yet so effortless. Love the printed pumps too - such a nice pop of fun to the outfit! xoReplyDelete
Love this combination. This skirt is girly but also very versatile. You look awesome. J.Crew has awesome deals right now, make sure to check out my blog tomorrow for some that I scored! www.realisticallylovely.blogspot.comReplyDelete
This tweed skirt is one of my favorite from J Crew! I love the neon piping and you paired it perfectly with your chambray. Lookin' fab Devon!ReplyDelete
Chelsea & The City
Amazing outfit! Definitely one of my favorites!ReplyDelete
XO Alex
Love the denim shirt with the girly skirt, fun combo! :)ReplyDelete
xo, Ainslee
That skirt is darling - love that you buttoned your chambray all the way to the top...tres chic!ReplyDelete
Loving that skirt! Your legs are killer!ReplyDelete
Champagne Lifestyle on a Beer Budget
Such a cute skirt. Love the detailing! -- SC at www.samanthachic.comReplyDelete
I'm in love with your skirt, is so much fun! Great look, a fun twist of the classic dneim shirt and white skirt combo, you have a talent to revamp classics!ReplyDelete
Cee. ♥
Code Overdressed
Love the mix of blues!ReplyDelete
Hippie and the Hipster
what a gorgeous skirt!ReplyDelete
kw ladies in navy
My chambray shirt is such a go to piece, I pair it with so much more than I imagined I would!ReplyDelete
Five Minute Style
Pretty skirt. Love the combo with the chambray blose and that stunning shoes.ReplyDelete
xo, Petra
Cute outfit!ReplyDelete
Love the details of your tweed skirt.ReplyDelete
lovely look!ReplyDelete
Great styling! I love the denim shirt look! Where are your shoes from?ReplyDelete
Which skirt was the one you were wearing?? Love the look! Do you wear these outfits all day long while working from home?!ReplyDelete
The first thing to visit this blog is a useful article and lots of information visit back jaket kulit pria .... thank you adminReplyDelete


text:
For the past six years IS Oxford has created an Advent Calendar each December for our users and colleagues to enjoy. This year we are opening it up to the wider community and operating it via our Facebook page.
A different format, but the same great content: Daily Prize Draw, Festive Photographs, Book Reviews & Charity Donations
To join in, simply go to Facebook and 'Like' the Heritage LMS Facebook page and the content will pop up in your daily feed! There is no need to register with the site and you won't have to remember to go there each day.
Every day we will post an image of a door with a number on it – enter your name as a comment underneath and you'll be entered into the daily prize draw. More info...
Login to the Support website
0 docs see?
Our monthly 'dress down' day raised funds on their behalf.
The upgrades went on general release on 13th October 2016.
Our monthly 'dress down' day raised funds on their behalf.


text:
- Conference date: 8-12 September 2003
- Location: Sante Fe, New Mexico (USA)
The nearby (z=0.1685) gamma‐ray burst of 29 March 2003 has presented us with a unique opportunity to study an event with unprecedented physical resolution. This burst reached flux density levels at centimeter wavelengths more than 50 times brighter than any previously studied event. Here we present the results of VLBI observations that have resolved the radio afterglow, and constrain its proper motion in the sky to <0.3 mas. The size of the afterglow is measured to be ∼0.08 mas 24 days after the burst, consistent with expectations of the standard fireball model. In observations taken 51 days after the burst we detect an additional compact, "jet", component at a distance from the main component of 0.28 ± 0.05 mas. The presence of this jet component is not consistent with the standard model.
Probing Inflation with CMB PolarizationDaniel Baumann, Mark G. Jackson, Peter Adshead, Alexandre Amblard, Amjad Ashoorioon, Nicola Bartolo, Rachel Bean, Maria Beltrán, Francesco de Bernardis, Simeon Bird, Xingang Chen, Daniel J. H. Chung, Loris Colombo, Asantha Cooray, Paolo Creminelli, Scott Dodelson, Joanna Dunkley, Cora Dvorkin, Richard Easther, Fabio Finelli, Raphael Flauger, Mark P. Hertzberg, Katherine Jones‐Smith, Shamit Kachru, Kenji Kadota, Justin Khoury, William H. Kinney, Eiichiro Komatsu, Lawrence M. Krauss, Julien Lesgourgues, Andrew Liddle, Michele Liguori, Eugene Lim, Andrei Linde, Sabino Matarrese, Harsh Mathur, Liam McAllister, Alessandro Melchiorri, Alberto Nicolis, Luca Pagano, Hiranya V. Peiris, Marco Peloso, Levon Pogosian, Elena Pierpaoli, Antonio Riotto, Uroš Seljak, Leonardo Senatore, Sarah Shandera, Eva Silverstein, Tristan Smith, Pascal Vaudrevange, Licia Verde, Ben Wandelt, David Wands, Scott Watson, Mark Wyman, Amit Yadav, Wessel Valkenburg and Matias Zaldarriaga
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3 Bedrooms Semi Detached House for sale
Situated in the sought after hospital area of scunthorpe, starkey and brown are pleased to offer for sale this extended semi-detached house on burnham road. accommodation comprises…
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JW Marriott Hotel Rio de Janeiro, Rio de Janeiro
Main amenities
- 245 smoke-free guestrooms
- On the beach
- 2 restaurants
- Outdoor pool
- Rooftop terrace
- Breakfast available
- WiFi in the lobby
- Fitness center
- Valet parking
- Spa services
- Business center
- Area shuttle
For families
- Connecting/adjoining rooms available
- Private bathroom
- Premium TV channels
- Free toiletries
- Daily housekeeping
- Laundry facilities
What's around
- In Copacabana
- Parque Henrique Lage (3 mi / 4.8 km)
- Leblon Beach (3 mi / 4.9 km)
- Praca Serzedelo Correia (0.3 mi / 0.5 km)
- Bairro Peixoto (0.6 mi / 0.9 km)
- Theataro Net Rio (0.6 mi / 0.9 km)
JW Marriott Hotel Rio de Janeiro, Rio de Janeiro
Hotel Info: 855-239-9485from $225
- Deluxe Room, No View
- Deluxe Room, Beach View
- Deluxe Room, View
- Executive Room, 1 King Bed
- Deluxe Room, View
- Junior Suite Ocean View
- Junior Suite, 1 Bedroom
- Deluxe Room, Ocean View
- Deluxe Room
- Executive Room, Business Lounge Access
- Deluxe Room, No View (Prime Room)
More great choices
At a glance
Key facts
Hotel size
- This hotel has 245 rooms
- This hotel is arranged over 16 floors
- Check-in time starts at 3 PM
- Check-out time is noon
- Express check-in/out
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
Travelling with others
- Parents must have child's birth certificate and photo ID *
- No cribs (infant beds)
- Pets not allowed (service animals welcome)
- WiFi in public areas *
- Wired Internet access in rooms *
- Valet parking *
- Area shuttle within 9.3 mi *
Other information
- Smoke-free property
Nearby Five Star Rio de Janeiro hotels
In the hotel
- Buffet breakfast daily (surcharge)
- 2 restaurants
- Bar/lounge
- Coffee shop/café
- 24-hour room service
- Outdoor pool
- Fitness facilities
- Spa services on site
- Sauna
- Bicycle rentals nearby
- Business center
- Number of meeting rooms - 12
- Conference space
- Meeting rooms 15
- Conference space size (feet) - 7266
- Conference space size (meters) - 654
- Computer station
- 24-hour front desk
- Concierge services
- Dry cleaning/laundry service
- Laundry facilities
- Wedding services
- Porter/bellhop
- Year Built 2001
- Elevator/lift
- ATM/banking
- Safe-deposit box at front desk
- Rooftop terrace
- In-room accessibility
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Minibar
- Coffee/tea maker
- Bathrobes
- Iron/ironing board
- Turndown service
- In-room massage available
- Private bathroom
- Free toiletries
- Hair dryer
- Premium TV channels
- IPod docking station
- Desk
- Free newspaper
- Wired high-speed Internet access (surcharge)
- Phone
- Free bottled water
- Daily housekeeping
- In-room safe (laptop compatible)
- Connecting/adjoining rooms available
Top Rio de Janeiro hotels
Recently reviewed hotels in Rio de Janeiro
- Soft Inn Rio LapaFrom
"Comfortable room with intelligent pleasant design, pretty good Buffett breakfast and very friendly staff. Hotel is right in Lapa in a less busy street but a blk to the action. My…"Dec 2, 2016
- Ritz Hotel LeblonFrom
"Good personalized service. The team knows the clients and what they are looking for. Excellent massagista therapeutic no hôtel."Dec 1, 2016
- Premier Copacabana HotelFrom
"Nice staff, good facilities, just as they say on the webpage."Dec 1, 2016
- Hotel Atlantico PraiaFrom
"very good location, very nice area, on the beach, best part of Copacabana, highly recommend"Dec 1, 2016
Nearby hotels
Also popular with travelers from the USA
Special features
DiningTerraneo Restaurant - This beachfront restaurant specializes in Brazilian cuisine and serves breakfast only. Open daily.
The Carioca - This restaurant specializes in Brazilian cuisine and serves breakfast, lunch, and dinner. Guests can enjoy drinks at the bar. Happy hour is offered. Open daily.
JW Marriott Hotel Rio de Janeiro, Rio de Janeiro's small print
Also known as
- JW Marriott Hotel rio
- JW Marriott Hotel Rio De Janeiro Brazil
- Rio De Janeiro Marriott
- JW Marriott Hotel Rio de Janeiro
- JW Marriott Rio de Janeiro
- JW rio
- Marriott Hotel rio
- rio Marriott Hotel
- JW Marriott Hotel Rio Janeiro
- JW Marriott Rio Janeiro
- Marriott Rio De Janeiro
Parents or a legal guardian traveling with children under 18 years must present the child's birth certificate and an identity card with photo (passport, for example) at the check-in. For international travels from Brazil, if just one of the parents is traveling with the child, she/he must present – in addition to the child's certificate of birth and identity card with photo – a letter authorizing the trip signed by the other parent with a notarial certification of signature. In case the parents or the legal guardian, as applicable, cannot or are unwilling to give this authorization, a judicial authorization is required. People who intend to travel to Brazil with children must consult with the Brazilian consulate before traveling for more information.
The property has connecting/adjoining rooms, which are subject to availability and can be requested by contacting the property using the number on the booking confirmation.
Optional extras
Self parking costs USD 21 per day
Valet parking costs USD 21 per day
Buffet breakfast is offered for an extra charge of USD 35 per person (approximately)
WiFi is available in public areas for USD 18 per day (rates may vary)
High-speed Internet access (wired) is available in guestrooms for USD 18 per day (rates may vary)
Area shuttle service is offered for an extra charge
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Excellent 4.3 /5 from 247 reviews
The hotel is really old and not in a proper conditions. The room had a window viewing the lobby so it was noisy. Wifi is not really efficient
Wonderful, elegant
Very good hotel right in the center of the copacabana
Beautiful hotel with first class service. All the staff were excellent and made the stay even more enjoyable. In particular I want to thank the staff in the Executive Lounge, especially Fernanda, who all went out of their way to provide superior guest service.
Overall very good and they let me store luggage and shower in the rooftop pool before my late flight back to the US.
Is the description of this hotel not correct? Tell us


text:
September 5, 2008 After reading George Lakoff's Don't Think of an Elephant I spent a long time trying to apply his idea of framing to my own life. One deeply rooted but flawed mental model that kept occurring to me was that of "businesses as assembly lines." Beyond the dubious morality of treating workers as cogs, this assembly line frame also encourages excess production as Good, and profit as God. Worse yet, the model erroneously conflates profit with utility, and leaves us all worse off for it.
September 5, 2008 This Week in Django had a fantastic site design, and pausing to examine the new layout I wondered: why hasn't the TWID concept spread to other projects?
September 4, 2008 Quick posting of my solution to extremely poor wireless connectivity on my MacBook.
September 4, 2008 PyObjC does an excellent job of merging together Python and Cocoa, but sometimes the resulting merge creates grey areas. Casing and naming convention is undoubtedly one of those foggy spots. This article takes a stab at defining a pragmatic naming and casing convention.
September 3, 2008 After beginning work yesterday, I believe that there is the raw material for an useful Twitter client in this application (OS X 10.5 required), although there is certainly a good bit of cruft remaining as well. Give Kappa a whirl and let me know how it goes.
September 1, 2008 Well, I've gone and moved to New Jersey. It's a bit different from North Carolina, Kentucky, and Japan, but not the end of the world. Some people might even say its quite nice. Other than people who use their horns. That's just unnecessary.
August 29, 2008 For the past few days I have been working out this project in my head, and I finally sat down this morning to finish the implementation. django_monetize is a pluggable Django application for easily using a diverse array of monetization techniques in your Django project, and also for targeting different ads/monetization options based on the viewer and page content.
August 29, 2008 A look at improving the standard search-as-you-type search field for non-instant searches, which in naive implementations can create a lagged or sticky feel to your user interface.
August 27, 2008 This brief final segment of the Epic PyObjC tutorial series looks at a few statistics from the series, and also I recommend a few resources for moving forward.
August 27, 2008 In this fourth segment of the Epic PyObjC tutorial we take a look at implementing drag and drop in two different ways, as well as using multiple nibs in one application. This is the final segment of Epic PyObjC that focuses on this project; the fifth one will be a collection of resources about continuing with Cocoa and PyObjC.
August 25, 2008 In this third segment of the Epic Introduction to PyObjC and Cocoa we spend some time in the standard application development workflow of iterating new idea from concept into feature. First, we have double clicking an entry open its page on FreeBase.com, then add disk based caching of results, and we end by adding an indicator to reassure users that the app hasn't frozen while retrieving data from Metaweb.


text:
If you are a published author, HR Florida will make every effort to have your publication available in the conference bookstore. The bookstore hours will be:
If you are an author and have not submitted your book title(s) and publisher contact information, please email the information to email@example.com.
Authors will be contacted by July 15 to set up book signings. The book signings will be scheduled directly after the author's presentation and will take place at the SHRM Bookstore located in the Panzacola Foyer by the registration desk.
Return to main Speaker page
2/28/20162016 Conference and Expo August 29-August 31, 2016
1/5/2017January 2017 Pre-Council Meeting Dinner
1/6/2017 » 1/7/20172017 HR Florida Student Games Case Competition and Leadership Conference
© 2016 HR Florida State Council Inc. ®. All rights reserved.


text:
Slide to see the images
Felix is a gorgeous brown tabby with white chest and paws. All this boy want is love and you can give it to him!
Felix is suffering from an unrequited love. Poor boy was so good, he went into the carrier by himself, he approached each person at adoption event with a happy sniff and an offer to cuddle...Then she strolled by. Their eyes locked and she came over, opened the cage and he rolled around for her, offered his belly and his neck, he kissed her and showered her with affection. And then she left and never called us back. It's been 6 months now and we keep telling him he needs to forget her but often find him sitting by the window, dreamily looking into distance
Felix would like to meet someone new and heal his sweet heart. Could it be you?


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Multiplexing for my chess robot
November 16, 2009
Base over Apex showed to me that the "ghost piece" i was talking about could be fixed this way below.
Oh yeah i am doing this because my shift registers... well something happened...no im doing this.
This is a common problem. The answer is a diode on every switch. You still need to scan the rows and columns individually.
Here's how to kill the ghost:
Make your board with only 16 wires instead of 65.
Ok my question is how does a diode on every switch change the "ghost piece" problem?
and on the multiplexing where does the gnd go?
i am using arduino so it has a built in pull down resistor but idk how this darn multiplexing works.
Arduino has a built in
There are no grounds
There are no grounds involved in multiplexing. The idea is to use your outputs as either a high signal, or as a ground which can be done in the program itself. I forgot exactly what its called, but basically you can set an output to low which the circuit will use as a ground. Theres no specific ground wire persay.The pullup resistor is used to tie a pin to high? because when you're reading your inputs you wouldnt be able to detect the lows? i think its something like that. try google :P also google charlieplexing
edit: this might in fact be charlieplexing but the two are asimilar.
Hey PM, here's the formula
Hey PM, here's the formula I mentioned earlier:
C = D + (5V - D)×(Rl÷(Rh+Rl))
Where C is the column voltage you read from the analog input, D is the diode voltage (requires testing, probably less than 0.7V), Rl is the low-side resistance (a few kΩ will do), and Rh is the high-side resistance (i.e. the resistance that the particular chess piece has).
I'll write up a table of optimum values tomorrow if you remind me, sadly I'm out of time for today.
Edit: got home a little earlier than expected, so I'll continue.
You can rearrange the above formula to get:
Rh = Rl×((5V - D)÷(C - D) - 1)
If we assume D is 0.7V and Rl is 5kΩ, we get:
Rh = 5,000×(4.3÷(C - 0.7) - 1)
For maximum distance between piece identifier voltages, we'll take a minimum voltage of 1V and a maximum of 4.3V, with 0.3V spacing between each piece. Altogether this gives us the following table:
ID Voltage: Chess Piece Resistor:
5.0V 0Ω (i.e. this square has a short circuit!)
0.7V ∞Ω (i.e. this square has nothing on it)
You don't have to be perfect with the resistor values - these are just the 'perfect' ones. As long as they're fairly close to the target value it'll be easy enough for the ADC to tell them apart.
Just buy the most generic,
Ok, diagram got a little
Ok, diagram got a little chewed up by the resize, but it's legible enough. The first 2 full rows and the last full row are shown.
D is whatever diode you can find, R is for the resistance of the piece that's on that square (infinite for no piece). The Rows are your digital outputs (active on Row- low, Row+ high), and the Cols are your analog inputs.
Edit: So I don't forget, the rows can be controlled by only 3 outputs by using a 3-8decoder (74HC138) and an octal inverter (74HC240).


text:
Homage to our Jackson Hole hometown. This special pendant features our two icons, the Bison and the Tetons, and is designed, hand-forged and etched in Montana by the sisters of Daphne Lorna. The pendant is electroplated with sterling silver (nickel free). Monofilament necklace cord with sterling silver and turquoise beads. Made in USA.
- One Size Fits Most
- Adjustable up to 30"
- catalog reference #: 465


text:
Tuesday, November 5, 2013
OMAK Voters in Omak, Tonasket and Brewster are opting out of taxing themselves for criminal justice.
Preliminary general election figures released Tuesday night show Omak's sales tax measure to help fund public safety is failing by the slimmest margin of the three cities, 53 percent to 46 percent.
That works out to 271 votes against and 236 in favor of the tax proposal, which is a one-tenth of 1 percent sales tax increase.
"I was hoping that it would pass because it would give us some additional resources to devote to public safety," City Administrator Ralph Malone said. "This is a preliminary number. However, six points is a pretty big deficit to overcome .
"If there had been an 11th-hour campaign push to support it, I would maybe be a little bit more optimistic.
"That's sad, but we'll see where we'll go with the funds we have this year and maybe try again next year."
Tonasket voters were defeating a similar measure, 71 votes to 46, or 60.6 percent opposed.
"There's a lot of ballots in the dropbox," Mayor Patrick Plumb said Tuesday night. "With percentages being what they are for turn-out in the county, it's a little early to say that everything's permanent.
"The percentages look worse than the actual numbers; I'm not willing to exactly call it yet."
Brewster is facing the biggest potential loss, with a margin of 65 percent against to 34 percent in favor. That works out to 79 votes opposing the measure to 42 favoring.
"Wow," Mayor Lee Webster said after the preliminary results were released. "I'm not quite sure what to say. We'll see what happens."
One-tenth of one percent is the equivalent of 1 cent for every $10 spent on taxable goods.
The increases, if approved, will go into effect April 1. The money collected would likely be used for criminal justice in Brewster, and mostly for criminal justice and fire services in Omak and Tonasket.
Of the 21,318 ballots mailed to Okanogan County residents, election officials counted 6,068 of them on Tuesday. The next ballot count will be Friday, and final results will be certified Nov. 26.
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Stealth Girl
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While Lily is a companion, the duration of Stealth Boys is increased by 200% and all Sneak Attack Critical Hits do an additional 10% damage."
Stealth Girl is a companion perk in Fallout: New Vegas given by Lily Bowen if she is the Courier's companion. Lily can be obtained as a companion during the quest Guess Who I Saw Today.
With this perk, Stealth Boys last twice as long while also granting sneak attack criticals an extra 10% damage. This perk makes a single Stealth Boy last 4 minutes (instead of 2).
- This perk actually affects all Critical Hits, instead of only sneak attack criticals as description says.
- Only the critical part of damage is increased.
- When Logan's Loophole, Chemist, and Day Tripper are taken combined with this perk, Stealth Boys will last over twenty minutes. This translates to about ten hours of in-game time.
Behind the scenesEdit
This perk is named after the Stealth Girl, an item in the canceled Fallout: Brotherhood of Steel 2. The Stealth Girl acted as a Stealth Boy, but lasted three times as long.


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Comment Re:Here's an idea (Score 1) 217
But for every sudden "YouTube sensation," there are 10,000 people out there who are uploading stuff that gets 5 views only from their friends
Ha! My videos get more than TWICE that many views!
But for every sudden "YouTube sensation," there are 10,000 people out there who are uploading stuff that gets 5 views only from their friends
Ha! My videos get more than TWICE that many views!
The closest thing to a gay gene
Not all physical conditions are expressed via genetics. We have things like epigenes, proteins and environmental factors and about a gazllion other things that change someone's "physical condition".
Without observing a person's behavior or asking them, how could you possibly determine sexual preference? It is not an objective condition
There is no biological basis for race. If you believe that there is, you are a racist.
Or, you know, able to see.
Typical Clintonian excuse. "As far as we know" doesn't mean shit
Typical Trump 2016 response. "As far as we know" means exactly that. You going on to state a list of (uncited) indicators does not mean we know things were stolen. Since a negative can never be proven, your attempt to introduce a probability into the equation is fallacious.
But being a leftwinger, you probably do not understand the word "obligation" in this context
I'm curious how you identified an AC as a "leftwinger" for your condescending remark? As far as I can see, the only thing you have to go on is his logical repetition of the facts of the matter disagree with your dislike of Secretary Clinton.
Tell the FDA to stop requiring the same drug to be re-approved by each vendor in a very expensive and years-long process and instead switch to the presumption that THE DRUG ITSELF
They already do this; it's called the Abbreviated New Drug Application. This process was created as a result of an act of Congress, so if you have a problem with it, talk to Congress.
It was a further government encroachment and step to even further government meddling that keeps making things worse, and would only exacerbate the core problem created by our "friends" in places like the UK and Canada who do it.
lolWUT??? Every corporation in the world that negotiates prices is an efficient enterprise, but when a government agency does it, it's "meddling in the free market"? What the fuck kind of idiocy is this? Do you honestly expect people to be stupid enough to believe that if foreign governments were as stupid as we are in drug pricing policy, that the pharma companies would lower our prices? Do you honestly expect people to be stupid enough to believe that the prices charged have ANY relation to R&D costs? Have you seen the Pfizer, Novartis or Roche P&Ls?
We're getting pedantic. The vast, VAST majority of "autopilots" in the world today are 2 or 3 axis (pitch, roll and possibly yaw). They aren't "intelligent" in terms of doing anything more than taking inputs from the VSI, compass, altimeter and autogyro and leveling the wings, keeping a set altitude/attitude and centering the ball. Just because a tiny fraction of autopilots can do Cat IIIc autolanding and some hook up with TCAS and/or ADS-B doesn't make them fucking aircraft pilots. And yet this little magic black box is still called an "autopilot" and nobody gives 2 shits about it, even when it's the cause of a crash.
In the same manner, people losing their shit about Tesla's use of a moniker that's been used for 50 years for something that was less sophisticated than my ancient IBM Selectric typewriter are fucking morons. If the name was "DoobaDooba" instead of "Autopilot", the same idiots would STILL be doing the same dumbfuck things and getting into the same dumbfuck accidents.
The "autopilot" in a plane is not a pilot, and the "autopilot" in a Tesla is not a driver. Please stop perpetuating this monstrously stupid double standard.
Computers are useless. They can only give you answers. -- Pablo Picasso


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Jean Hoefliger was born and raised in Switzerland. His initial experience took him from Switzerland to Bordeaux, and South Africa, making wine at the esteemed estates of Chateau Lynch-Bages, Chateau Carbonnieux, and Meerlust. Completing a winemaking and viticulture degree at the Swiss federal school of Changins, Jean came to California where he spent five years as winemaker for Newton Vineyard before joining Alpha Omega. Jean's passion, knowledge, innate ability and scientific training puts him in a unique position to take the best grapes of Napa Valley and transform them into wines worthy of world class standing.
Alpha Omega's winemaking team includes Michel Rolland, a wine world superstar who has been working with our winemaker Jean Hoefliger since the 2006 vintage to create world class wines. With one of the world's most famous palates, Rolland brings his extraordinary expertise to both the vineyard and the cellar. Besides consulting for highly regarded wineries around the world, Rolland continues to produce his own wines at his estates in Bordeaux where he also directs one of the wine industry's most respected laboratories. A major force in the winemaking world, his expressed mission is to help others make elegant, approachable wines.


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Parents Attacked By Muslim For Singing This Song To Autistic Daughter
September 27, 2014 6:57pm PST
A couple of young parents were riding the bus with their 15-month-old autistic daughter, when the toddler became upset. In an effort to calm her, Nick Barnfield and Sarah Cleaves began quietly singing the theme song to her favorite cartoon, Peppa Pig. What happened next is a clear sign that radical Islam has permeated Western society to an alarming degree.
Nick Barnfield and Sarah Cleaves quietly sang the 'Peppa Pig' theme song to their 15-month-old autistic daughter, Heidi.
A Muslim woman wearing a hijab approached the parents and did not hold back as she chastised them for their song choice and labeled them as racist in front of all the other passengers on the bus. "A lady came up to us and quite aggressively started telling us we were irresponsible parents and that we were being racist singing the song," Barnfield said.
The Muslim woman was offended by the snorting sounds made in the theme song. Because pork is forbidden in the Islamic religion, she took offense to the pig noises, even though they were not even remotely directed towards her.
(Read More: Young Muslim Thug Assaults Teacher, Chaos Ensues)
Reports surface on a daily basis of Muslims imposing their views on others of different religions. In one startling example, a Muslim fast food worker attacked a woman who tried to order bacon on her sandwich. This woman on the bus appears to be just as radical.
Unfortunately, the extremist woman's attack on the innocent parents didn't stop there. She complained to the bus driver, who shockingly took her side to avoid a confrontation. He made the couple get off the bus and walk two miles to their home. Apparently, he feared that the Muslim woman could become violent, as Islamists have been known to do in the past. "We were really embarrassed, ashamed and upset and we hadn't done anything wrong, just trying to make our little girl happy, but people were looking at us as if we had done something wrong," the parents said.
The incident occurred on a bus in the UK, though similar altercations instigated by Muslims happen daily in the U.S. as well.
This disturbing ordeal took place in the UK, where insane immigration and asylum laws have allowed Muslims to take over the society in recent decades, according to Top Right News. Similar incidents occur regularly in the United States as well, due to a leftist agenda which bends over backwards to accommodate Muslims.
You can listen to the theme song from Peppa Pig above and decide for yourself if these parents were in fact racist for singing it to their child. Be sure to let us know what you think of this report in the comments section.
(Read More: Violent Muslim Extremists Attack Peaceful Protesters)
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