text: I have been happy over the years to know that the faculty itself some years ago resolved that the first qualification for appointment to the faculty of Brigham Young University is that of an "attitude toward and adherence to the principles of the Gospel of Jesus Christ." I am happy, also, to know that a very large number of faculty members are now serving with general boards, or as stake presidents, bishops, and high council members, and in other Church positions. I would urge all members of the faculty, whether they have a Church position or not, to teach the principles of the Gospel and standards in every class whenever the opportunity arises, whether that class be a class in theology or otherwise.David O. McKay, Letter from President David O. McKay to Ernest L. Wilkinson and the BYU FacultyI want, first of all, to congratulate you, the faculty, and the students of Brigham Young University upon the fact that we have had no riots or other serious disturbances at the "Y" such as have tarnished the reputations of other institutions and brought down public condemnation upon them. In view, however, of current trends and pressures on our young people, as reflected daily by the public press, I wish that you and the faculty would be even more vigilant than you have been in the past to see that only students of acceptable spiritual and academic standards are admitted and retained, and that the reputation of Brigham Young University as a university where the "glory of God is intelligence," and where high standards of moral conduct, sobriety, and order are ever present, are not only maintained, but increasingly improved and enhanced.David O. McKay, Letter from President David O. McKay to Ernest L. Wilkinson and the BYU FacultyIt is part of our "Mormon" theology that the Constitution of the United States was divinely inspired; that our Republic came into existence through wise men raised up for that very purpose. We believe it is the duty of the members of the Church to see that this Republic is not subverted either by any sudden or constant erosion of those principles which gave this Nation its birth.David O. McKay, Letter from President David O. McKay to Ernest L. Wilkinson and the BYU FacultyI cannot help but think that there is a direct relationship between the present evil trends which I have above indicated, and the very marked tendency of the people of our country to pass on to the state the responsibility for their moral and economic welfare. This trend to a welfare state in which people look to and worship government more than their God, is certain to sap the individual ambitions and moral fiber of our youth unless they are warned and rewarned of the consequences. History, of course, is replete with the downfall of nations who, instead of assuming their own responsibility for their religious and economic welfare, mistakenly attempted to shift their individual responsibility to the government.David O. McKay, Letter from President David O. McKay to Ernest L. Wilkinson and the BYU FacultyIn these days when not only religious standards but some of the Ten Commandments themselves are under attack, I hope that you and the faculty will go the extra mile in seeing that the religious doctrines of our Church are taught in their fullness so that students will have proper religious convictions for all decisions which they have to make. The trends of the time in the opposite direction are so strong that it will require extraordinary vigilance on the part of all of us to resist them.David O. McKay, Letter from President David O. McKay to Ernest L. Wilkinson and the BYU FacultyIn these days when there is a special trend among certain groups, including members of faculties of universities, to challenge the principles upon which our country has been founded and the philosophy of our Founding Fathers, I hope that Brigham Young University will stand as a bulwark in support of the principles of government as vouchsafed to us by our Constitutional Fathers.David O. McKay, Letter from President David O. McKay to Ernest L. Wilkinson and the BYU FacultyI am aware that a university has the responsibility of acquainting its students with the theories and doctrines which are prevalent in various disciplines, but I hope that no one on the faculty of Brigham Young University will advocate positions which cannot be harmonized with the views of every prophet of the Church, from the Prophet Joseph Smith on down, concerning our belief that we should be strong and self‑reliant individuals, not dependent upon the largess or benefactions of government. None of the doctrines of our Church gives any sanction to the concept of a socialistic state.David O. McKay, Letter from President David O. McKay to Ernest L. Wilkinson and the BYU FacultyI think I have read enough to give you an idea of what the Negro is after. He is not just seeking the opportunity of sitting down in a cafe where white people eat. He isn't just trying to ride on the same streetcar or the same Pullman car with white people. It isn't that he just desires to go to the same theater as the white people. From this, and other interviews I have read, it appears that the Negro seeks absorption with the white race. He will not be satisfied until he achieves it by intermarriage. That is his objective and we must face it. We must not allow our feelings to carry us away, nor must we feel so sorry for Negroes that we will open our arms and embrace them with everything we have. Remember the little statement that we used to say about sin, 'First we pity, then endure, then embrace'. Mark E. Petersen, Race Problems ‑ As They Affect The Church, Convention of Teachers of Religion on the College Level, Brigham Young University, August 27, 1954No person having the least particle of Negro blood can hold the Priesthood.Mark E. Petersen, Race Problems ‑ As They Affect The Church, Convention of Teachers of Religion on the College Level, Brigham Young University, Provo, Utah, August 27, 1954The discussion on civil rights, especially over the last 20 years, has drawn some very sharp lines. It has blinded the thinking of some of our own people, I believe. They have allowed their political affiliations to color their thinking to some extent, and then, of course, they have been persuaded by some of the arguments that have been put forth. We who teach in the Church certainly must have our feet on the ground and not to be led astray by the philosophies of men on this subject. Mark E. Petersen, Race Problems ‑ As They Affect The Church, Convention of Teachers of Religion on the College Level, Brigham Young University, August 27, 1954[Church history] if not properly written or properly taught,... may be a faith destroyer... The writer or teacher who has an exaggerated loyalty to the theory that everything must be told is laying a foundation for his own judgment.... The Lord made it very clear that some things are to be taught selectively and some things are to be given only to those who are worthy.Boyd K. Packer, Boyd K. Packer, "The Mantle is Far, Far Greater Than the Intellect," reprinted in BYU Studies, v. 21, no. 3, 1981, pp. 259‑277Another area in which strengths can become our downfall concerns finances. We are commanded to give to the poor. Could the fulfillment of that fundamental Christian obligation be carried to excess? I believe it can, and I believe I have seen examples of this.Dallin H. Oaks, BYU Fireside, "Our Strengths Can Become Our Downfall", June 07, 1992Other illustrations of how our strengths can become our downfall concern the activity of learning. A desire to know is surely a great strength. A hunger to learn is laudable, but the fruits of learning make a person particularly susceptible to the sin of pride. So do the fruits of other talents and accomplishments, such as the athletic or the artistic. It is easy for the learned and the accomplished to forget their own limitations and their total dependence upon God. Accomplishments in higher education bring persons much recognition and real feelings of self‑sufficiency. But we should remember the Book of Mormon's frequent cautions not to boast in our own strength or wisdom lest we be left to our own strength or wisdom (e.g., Alma 38:11, 39:2; Helaman 4:13, 16:15). Similarly, the prophet Jacob referred to "that cunning plan of the evil one," remarking that when persons are "learned," which means that they have knowledge, "they think they are wise" (2 Nephi 9:28), which means that they think they have the capacity for the wise application of knowledge. Persons who think they are wise in this way "hearken not unto the counsel of God, for they set it aside, supposing they know of themselves." In that circumstance, the prophet said, "their wisdom is foolishness and it profiteth them not. And they shall perish" (2 Nephi 9:28). "But to be learned is good," the word of the Lord concludes, "if they hearken unto the counsels of God" (2 Nephi 9:29). Dallin H. Oaks, BYU Fireside, "Our Strengths Can Become Our Downfall", June 07, 1992Some persons have a finely developed social conscience. They respond to social injustice and suffering with great concern, commitment, and generosity. This is surely a spiritual strength, something many of us need in greater measure. Yet persons who have this great quality need to be cautious that it not impel them to overstep other ultimate values. My social conscience should not cause me to coerce others to use their time or means to fulfill my objectives. We are not blessed for magnifying our calling with someone else's time or resources. We are commanded to love our neighbors, not to manipulate them, even for righteous purposes. In the same way, we should not feel alienated from our church or its leaders when they refrain from using the rhetoric of the social gospel or from allocating Church resources to purposes favored by others. We should remember that the Lord has given his restored Church a unique mission not given to others. We must concentrate our primary efforts on those activities that can only be accomplished with priesthood authority, such as preaching the gospel and redeeming the dead.Dallin H. Oaks, BYU Fireside, "Our Strengths Can Become Our Downfall", June 07, 1992Satan can even use truth to promote his purposes. Facts, severed from their context, can convey an erroneous impression.Dallin H. Oaks, "Reading Church History," speech delivered at the Ninth Annual Church Educational System Religious Educators' Symposium, BYUBy the same token, a woman's righteous and appropriate desires to grow and develop and magnify her talents—desires strongly reinforced by current feminist teachings—also have their extreme manifestations, which can lead to attempts to preempt priesthood leadership, to the advocacy of ideas out of harmony with Church doctrine, or even to the abandonment of family responsibilities.Dallin H. Oaks, BYU Fireside, "Our Strengths Can Become Our Downfall", June 07, 1992There is great strength in being highly focused on our goals. We have all seen the favorable fruits of that focus. Yet an intense focus on goals can cause a person to forget the importance of righteous means. When I was serving in a stake presidency, a man bragged to me about the way he had managed to preserve his goal of perfect attendance at our stake leadership meetings. He was required to report for his shift work at the time of one of our stake meetings. When the employer denied his request for permission to attend this church meeting, he told me with pride that he "called in sick" so he could come anyway. I kept an eye on that man after that. I wondered if he would steal money in order to pay his tithing. You may think that an extreme example, but it illustrates the point I wish to make. We cannot be so concerned about our goals that we overlook the necessity of using righteous methods to attain them.Dallin H. Oaks, BYU Fireside, "Our Strengths Can Become Our Downfall", June 07, 1992Satan will also attempt to cause our spiritual downfall through tempting us to misapply our spiritual gifts. The revelations tell us that "there are many gifts, and to every man is given a gift by the Spirit of God" (D&C 46:11). All of these gifts "come from God, for the benefit of the children of God" (D&C 46:26). Most of us have seen persons whom the adversary has led astray through a corruption of their spiritual gifts. My mother shared one such example, something she had observed while she was a student at BYU many years ago. A man who lived in a community in Utah had a mighty gift of healing. People sought him out for blessings, many coming from outside his ward and stake. In time, he made almost a profession of giving blessings. As part of his travels to various communities, he came to the apartments of BYU students, asking if they wanted blessings. This man had lost sight of the revealed direction on spiritual gifts: "always remembering for what they are given" (D&C 46:8). A spiritual gift is given to benefit the children of God, not to magnify the prominence or gratify the ego of the person who receives it. The professional healer who forgot that lesson gradually lost the companionship of the Spirit and was eventually excommunicated from the Church.Dallin H. Oaks, BYU Fireside, "Our Strengths Can Become Our Downfall", June 07, 1992We have the responsibility to preserve the doctrinal purity of the Church. We are united in this objective.First Presidency, First Presidency and Quorum of the Twelve statement, Sunstone, 16:6, no. 92, November 1993, p. 72Our book Captain of My Soul, the true story of a young man's dark past experience during his freshman year at BYU ten years ago getting initiated into homosexual behaviors by older men via chat rooms and phone calls, shines the light on the grim reality of these covered sins.Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamThis meeting, where young people with homosexual attractions will talk about how okay SGA [same‑gender attraction] is, and how bad they have it at BYU, is ill‑conceived. Not only will it not be helpful, it will be harmful, harmful to the souls of those giving the talks, harmful to those young minds listening who will be supported in covering both inward and outward sins and initiated further into homosexuality, and harmful to all those these people come in contact with. Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamMost recently, the media reported student outrage about a series of letters supporting traditional values in The Daily Universe concerning gay parenting/adoption, prompted by the TV show "Modern Family." A group of gay activist students who took especial offense to one letter to the editor made up an accusatory flyer and without permission stuffed a number of them in the next day's edition. Joe Campbell, the managing editor of the paper, faculty member, and also a columnist for the Salt Lake Tribune, catered to the lawless gay activists by printing an apology and affirming the Church's understanding and respect for homosexually‑attracted people, at the same time removing the offending letter from the online version of The Daily Universe, a letter that unequivocally expressed the timeless Biblical truth that homosexuality is sinful. SoL wonders, what about the person who wrote the letter that got removed? There seems to be no understanding and respect for him — or the Bible for that matter. Shouldn't he now be offended? Shouldn't God be offended? Apparently not. To quote the Salt Lake Tribune article, "BYU has no interest in pursuing or punishing the students who produced or distributed the flyer, Campbell said. 'We count this as a learning experience.'" And what has BYU learned? Never to publish scriptural doctrine in its paper because it might offend gay activists?Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice Graham[We] called and spoke with Professor Morgan and Renata Forste, the department chairman. When asked why the meeting was being held, we were told that BYU students need a greater understanding of homosexual attraction in order to be kinder and more accepting of students who experience it. We were told these gay students are keeping the law of chastity and are not acting out sexually, so there is no honor code issue involved. We wondered how Prof. Morgan could know this, if all students who will attend the meeting have been screened for sexual abuse done to them or by them, or for wrong ideas and attitudes about sex and sexuality, or for current sexual impurity, how this is being defined, and if the gay students have told the truth. Homosexual behaviors are by nature practiced and spread in secret, BYU being no exception. Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamSuicidal feelings and attempts, and depression are always mentioned by those promoting the social acceptance of youth homosexuality. Our conversation with Prof. Morgan was no exception; these serious problems are always ridiculously simplified to putting the blame on others. A victim mentality passes off personal responsibility and never helped anyone. Young people who feel suicidal or depressed are immature and easily persuaded, distracted, and recruited into all sorts of escapist causes and addictions. These problems may have less to do with sexuality than with the terrible conflict between right and wrong raging in the soul. There may be mental illness, as in the famous but misrepresented case of Stuart Matis. Many may desperately need clinical and medical attention. Tragically, the deep core issues are not being emphasized or even addressed. Instead, all is focused on the popular and politicized, self‑identified gayness of the sick person. Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamIf you think BYU upholds traditional family values, think again. Certain department heads, professors, guest lecturers, and students have become a law unto themselves, regularly preaching all manner of progressivism including socialism, radical feminism, anti‑Americanism, revisionist history, outdated Darwinism, and popular homosexualism, and continue to be supported, employed, and welcomed. Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamGay activism has done a great job presenting homosexuality as harmless, equal to heterosexuality, even virtuous, honest, praiseworthy. But homosexuality is not harmless, natural to the human body, chaste, pure, or wholesome in any form. The very nature of homosexuality is out of bounds.Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice Graham[We remember] that just a couple of years ago, being openly gay and advocating for homosexuality was considered against the honor code. Apparently it's perfectly fine now, no matter what the honor code still states about unchastity. This shows that rules and codes and laws don't matter so much as the popular consciousness does. Where is our will? Is it with God, with teaching His timeless correct and saving principles no matter how unpopular, or is it with the sycophantic political correctness of the day? Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamWhat is going on at BYU is incongruent and inexplicable. Unless we are instructed to turn in our Standard Works for new gay‑affirming scriptures and clean out our ward and home library shelves of all our LDS Church manuals, books, and magazines, homosexuality should still be officially, courageously, and correctly shown as sinful and harmful in both thought and deed in every ward, stake, and Church‑owned or endorsed group, business, or education entity. Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamIf there really are any innocent, clueless students jumping on the now public gay bandwagon for the novelty, youthful rebelliousness, sense of belonging, special attention, or politics of it, they had better find out quick what gayness really is —and so had Prof. Morgan — or they won't be innocent or ignorant for long. They will be recruited in earnest.Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamApart from mental illness, it takes humility and repentance and an abandonment of sinful desires possible through Christ in order to change and improve ourselves. This can happen to everyone. In fact, thousands of people with homosexual tendencies and lifestyles have left it all behind.Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamInterestingly, we don't have to worry about Soulforce anymore because now BYU has a very vocal home‑grown student advocacy group of its own called USGA, Understanding Same‑Gender Attraction. It meets every Thursday night at 7:00 p.m. in room 111 of the TMCB on the BYU campus with BYU's permission. Call this group what they will, from what we've seen firsthand, it's really about affirming out‑of‑bounds sexual lust. Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamProf. Morgan related that the BYU counseling center no longer works with students on overcoming homosexual attractions, but merely on learning how to deal with them. So, according to this professor, young people are being told, without the benefit of knowledge and understanding as to how this came about and the spiritual, mental, and physical health dangers, that gay is the way they are, and here's how to accept it. There is no concern for the mortal testing, temporal future, or eternal soul of the young person, no understanding of their impressionable, impulsive, and fallen human nature, no interest in past or future suffering, and no cheering for righteousness, excellence, and nobleness, only what appears to be a perverse motivation to advance the current worldly whim. Can this travesty be true? Perhaps partly. But we happen to know there are still some right‑thinking people at BYU, including at the Counseling Center and send them our prayers.Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamBy the way, the only defense of the social experiment called gay parenting students could come up with was to compare it as better than foster homes, orphanages, and bad traditional parents. Besides having no information on which to base this comparison, and besides respectable foster parents, honorable orphanages, and imperfect but striving traditional parents rightly taking umbrage at this comparison, the issue is not about comparing these situations. The issue is that gay parents are modeling sinful and highly harmful and risky sexual ideas and behaviors to innocent, untaught children.Janice Graham, Standard of Liberty ‑ Stephen Graham and Janice GrahamAlthough we want to ensure that every faculty member has the right to discuss and analyze as broadly and widely as possible any topic, including religious topics, including fundamental doctrine of the church, we do not believe they have‑‑they should be able to publicly endorse positions contrary to doctrine, or to attack the doctrine.Merrill J. Bateman, BYU President Merrill J. Bateman, interview quoted in Mormon America, by Richard and Joan Ostling, pp. 235‑236The pedagogical posture of the CES has become increasingly anti‑scientific and anti‑intellectual, more inward looking, more intent on the uniqueness and exclusiveness of the Mormon version of the gospel as opposed to other interpretations, whether religious or scientific. Lesson manuals still occasionally take gratuitous swipes at scientists, intellectuals, and modernist ideas, which are blamed for jeopardizing students' testimonies. Non‑Mormon sources and resources are rarely used and highly suspect.Armand Mauss, Armand Mauss, Mormon scholar, The Angel and the Beehive, p. 102We should not hire people who are a threat to the religious faith of our students or a critic of the Church and its leaders.Alan Wilkins, BYU hiring process memo leak, see 'BYU Tightens Faculty Hiring Process,' Sunstone, 16:8, no. 94, February 1994, p. 79I'm pretty pessimistic because it seems like things are just getting narrower and narrower. It's beginning to affect the students.Eugene England, Eugene England, Dialogue founder, 'An Interview with Eugene England,' Student Review, April 10, 1998, p. 10‑11This is a good time to remind ourselves that most Mormons are still in denial about the ban, unwilling to talk in Church settings about it, and that some Mormons still believe that Blacks were cursed by descent from Cain through Ham. Even more believe that Blacks, as well as other non-white people, come color-coded into the world, their lineage and even their class a direct indication of failures in a previous life.... I check occasionally in classes at BYU and find that still, twenty years after the revelation, a majority of bright, well-educated Mormon students say they believe that Blacks are descendants of Cain and Ham and thereby cursed and that skin color is an indication of righteousness in the pre-mortal life. They tell me these ideas came from their parents or Seminary and Sunday School teachers, and they have never questioned them. They seem largely untroubled by the implicit contradiction to basic gospel teachings.Eugene England, Sunstone: 54–58We are grateful in the Church and in this great university that the freedom, dignity and integrity of the individual is basic in Church doctrine as well as in democracy. Here we are free to think and express our opinions. Fear will not stifle thought, as is the case in some areas which have not yet emerged from the dark ages. God himself refuses to trammel man's free agency even though its exercise sometimes teaches painful lessons. Both creative science and revealed religion find their fullest and truest expression in the climate of freedom.Hugh B. Brown, Huge B. Brown Speech at BYU, March 29, 1958Academic freedom exists at BYU only for what is considered non‑controversial by the university's Board of Trustees and administrators. By those definitions, academic freedom has always existed at Soviet universities (even during the Stalin era).D. Michael Quinn, D. Michael Quinn to F. Lamond Tullis, August 29, 1988, in 'On Being a Mormon Historian,' p. 94Oct 23, 1946 ‑ BYU campus newspaper reports that professor of religion Richard Thomson, announced in a class that "during a vision last night, it was made known to me that 'you bet' is the anglicization of "hubet," the pure Adamic word for "you're welcome." Either the word has survived relatively intact for many millennia, or else it was revealed to the true Saints in the nineteenth century as part of the restoration of all things. Personally, I support the latter view." This announcement leads to the creation of the "Hubet Society of BYU" (HSBYU), which in turn leads to an attempt to create an Adamic 101 course. The entire movement is crushed when Jesse Wright, Provo Central Stake president, speaks at a BYU fireside and calls Professor Thomson, who lived in the stake, "insane," "an apostate and a heretic." Professor Thomson soon disappears from BYU.D. Michael Quinn, Mormon HierarchyMax Ford McBride's PhD dissertation, completed in August 1976 under the direction of BYU psychology professor D. Eugene Thorne (note that Dr. I. Reed Payne, of the "Payne Papers" infamy, was also on his dissertation committee), is an excellent example of clinical dehumanization practiced by Mormon "therapists". In the Mormon worldview, the end certainly justifies the means: heterosexuality must be attained and maintained AT ANY COST ‑ even if it means using pornography (which the Mormon Church is usually vehemently opposed to) and physical torture.Connell O'Donovan, The Abominable and Detestable Crime Against NatureThe longterm effects of the electric shock "therapy" these men were subjected to has been crippling. Two of the men committed suicide soon after completing this torturous study. Every survivor I have interviewed has suffered life‑long emotional, spiritual, and sometimes physical damage. In 1999, John Cameron, one of the 14 men who went through this horrific experience in 1976 when he was a 23 year old BYU student and member of the Young Ambassadors, wrote to me, "For 22 years now I have lived with the scars of the experience ‑ unable to articulate a personal suffering and longing that have almost crippled me....I didn't completely come out of the closet until I was 34, and only after much angry, pissed‑off therapy. I spent a lot of money just so I could yell at my psychologist and break things in his office for an hour every week for two years. But it was a hell of a lot more fun than Ford McBride and the electrodes." Connell O'Donovan, The Abominable and Detestable Crime Against NatureIn 1975, the BYU Psychology Department administrators organized a Board of Review for Psychotherapeutic Techniques to recommend "policies governing the use of sensitive treatment techniques" on campus. Within a year, the review board had assembled a list of eight therapies being used at BYU which "could conflict" with church teachings. However, most of the therapies were not stopped (including electric shock, vommiting aversion, and the use of pornographic materials).Connell O'Donovan, The Abominable and Detestable Crime Against NatureOn September 5, 1935, New York University professor Dr. Louis W. Max informed a meeting of the American Psychological Association (APA) that he has successfully treated a "partially fetishistic" homosexual neurosis with electric shock therapy delivered at "intensities considerably higher than those usually employed on human subjects," the first documented instance of aversion therapy used to "cure" homosexuality. (Note that the APA's 2007 Task Force on Appropriate Therapeutic Responses to Sexual Orientation has concluded that "efforts to change sexual orienation are unlikely to be successful and involve some risk of harm.") As far as I can tell, the earliest experiments with aversive therapies at BYU to "cure" homosexuality date to the mid‑1960s and were spearheaded by D. Eugene Thorne, head of BYU's Psychology Dept. By 1968, he had gained enough information to report his findings from BYU in a paper given in San Francisco that year for the annual convention of the American Psychological Association. Then in 1969, school administration became more careful in its use of controversial therapies for treating "sexual deviancy" as they put it. The administration publicly claimed that use of such therapies had been curtailed but unofficially they continued unabated. BYU's Academic Vice President, Robert Thomas, advised college deans to alert those who were using aversive therapies to be "particularly cautious in utilizing them" ... out of fear for law suits.Connell O'Donovan, The Abominable and Detestable Crime Against NatureUnder the oversight of his committee chairman, Dr. Thorne, McBride experimented on fourteen Gay male subjects to determine if using photographs of nude men and women from Playgirl‑ and Playboy‑type magazines was helpful in electric shock therapy. The 14 Gay BYU students in McBride's study were compared after being "treated" on an out‑patient basis during 22 sessions of shock therapy. Each of the 22 sessions lasted 50 minutes. 10 of those minutes were spent in "assertive training" and the remaining 40 minutes in "aversive conditioning." The average duration of treatment for the men was three months. The release form these men were required to sign informed them that "damage to tissue or organs may occur," that they would be looking at "sensitive materials" possibly contrary to their values [ie. pornography], and that BYU would be released from any responsibility for any damage done to them.Connell O'Donovan, The Abominable and Detestable Crime Against Nature[BYU is] a place where no one is allowed to drink or smoke; where sex is outlawed for everyone but married couples; where public figures like Senator Edward Kennedy and former first lady Betty Ford have been prevented from speaking on campus and films like The Godfather deemed unfit for student viewing; where a boy was brought to trial for looking up a girl's skirt in the library stacks (the girl never noticed, but a security man did); and where gays are not only systematically expelled but, until recent years, were even subjected occasionally to electroshock therapy to treat their 'affliction.'Peter Bart, Peter Bart, 'Prigging Out,' Rolling Stone, April 14, 1983, p. 89Some bishops distribute a handbook that dispenses some unusual recommendations to male students on how to curb their onanistic urge: avoid spicy foods, keep your shower door slightly ajar, and if all else fails, tie your hand to the bedpost... when Playboy magazine declared recently that, based on its survey of major college campuses, BYU had the lowest sexual temperature, the news was greeted with a sense of relief on campus.Peter Bart, Peter Bart, 'Prigging Out,' Rolling Stone, April 14, 1983, p. 92The worst sinners, according to Jesus, are not the harlots and publicans, but the religious leaders with their insistence on proper dress and grooming, their careful observance of all the rules, their precious concern for status symbols, their strict legality, their pious patriotism... the haircut becomes the test of virtue in a world where Satan deceives and rules by appearances.Hugh Nibley, Waterman, Brian and Kagel, Brian Kagel. The Lord's University: Freedom and Authority at BYU. Signature Books. 1998The late sixties found Brigham Young University the focal point of militant protests. Sports events provided the context for protests, boycotts, disrupted games, mass demonstrations, and "riots." At one point the conflict among schools within the Western Athletic Conference became so intense that the conference almost disbanded. Administrators, already embroiled in student demonstrations over Vietnam, began to separate themselves from the Mormon school. Stanford University, for instance, severed all relations with Brigham Young University.O. Kendall White, "Abandoning an Unpopular Policy: An Analysis of the Decision Granting the Mormon Priesthood to Blacks," Sociological Analysis, v. 41, p. 233, Fall 1980Yes, and church leaders still bring it up whenever they're inaugurating a president at BYU or Ricks. It quite clearly lays down the law on matters of academic freedom in church institutions: there is to be no freedom in matters pertaining to religion and morals. Clark laid it out very firmly.Sterling M. McMurrin, Matters of ConscienceWomen are queens and priestesses but not gods. The Godhead, the 'Presidency of Heaven,' is a presidency of three male deities, similar to a stake presidency whose members each have wives who are responsible for domestic religious education but not ecclesiastical functions.Rodney Turner, BYU religion professor, Sunstone Panel Discussion, September 7, 1991As to the dress standards of women, we want no "go‑go girls" nor their pseudo‑sophisticated friends, nor will we tolerate any "surfers." And for faculty members who are behind time on their modem high school terminology, [an administrator] informs me that a "go‑go girl" is a "sexy, scantily‑dressed girl," and a "surfer" is one who is sloppily clad, often in a T‑shirt or shorts, and sometimes barefooted. Indeed, it is out of place for girls to wear slacks to any class or appear in them in any academic or administrative building on campus. This includes secretaries as well.Ernest Wilkinson, "Make Honor Your Standard." BYU Speeches of the Year, 1965‑66As to the single men, I need merely to repeat the admonition attributed to Brigham Young, "Every man not married and over twenty‑five is a menace to the community." I asked Dr. Lyman Tyler yesterday if he would document this for me, but he said he had been trying to document it for years; he had given up, so you will have to accept it either on faith, or as apocryphal.Ernest Wilkinson, Commencement Exercises May 31, 1963 BYU Speeches of the Year, p.1The student protest came in response to morning headlines announcing the firings of two controversial but popular faculty members: Cecilia Konchar Farr, an English professor who had reportedly upset church leaders and much of the BYU community with her public pro‑choice activism, and David Knowlton, an anthropology professor specializing in Latin American studies, who had critiqued the LDS church's American image in South America, pointing out reasons the church's full‑time proselytizing missionaries—most of whom come from the United States—were common targets for terrorists.Bryan Waterman, The Lord's University: Freedom and Authority at BYU, December 15, 1998Wilkinson instituted a practice of beginning each fall semester with a "crisp statement" to all students: rioters would be expelled, no questions asked. Students unfailingly answered with a standing ovation.Bryan Waterman, The Lord's University: Freedom and Authority at BYU, December 15, 1998Wilkinson based his address largely on the words of Mormon leaders from Joseph Smith to the current church president and ardent cold warrior, David O. McKay. In particular he emphasized a "prophecy attributed to the Prophet Joseph that the Constitution of the United States would hang by a single thread, but be saved by the Elders of Israel," meaning church leaders and Mormon men generally. Having failed in his bid for public office, Wilkinson sought to act on "the duty of a university president" in "times of national and world crisis ... to speak forth boldly in behalf of what he considers to be the truth." Confessing his belief that "my generation has failed you [graduates] in preserving and strengthening the Constitution," Wilkinson vowed that he would mail copies of his talk, along with a compendium of anti‑communist "prophetic utterances," to every graduate, "with the hope that you may help stem the tide that is now engulfing our country."Bryan Waterman, The Lord's University: Freedom and Authority at BYU, December 15, 1998[The Chronicle of Higher Education and The Economist both] pointed out the unusual nature of the campus demonstrations, which included not only public protests, but also spray‑painted graffiti ("Farr should teach here" was scrawled across a south campus stairwell) and a large swastika burned into the administration building's carefully manicured lawn. (Student organizers denied responsibility.)Bryan Waterman, The Lord's University: Freedom and Authority at BYU, December 15, 1998Operating within an understanding of national events that saw both "campus unrest" and Democratic party victories as signs of a looming socialist state, Wilkinson returned to BYU from his failed political venture. In May 1965, at the end of his first semester back in office, he delivered an apocalyptic commencement address: "The Decline and Possible Fall of the American Republic." Citing rising rates of crime, juvenile delinquency, immorality, divorce, and public welfare, the president blamed these "evidences of moral decay" on the steady increase of federal power beginning with Franklin Roosevelt's New Deal and extending to Lyndon Johnson's views on social security. Together with the "confiscatory" nature of income tax, an increase of Supreme Court influence, and the federal government's "deficit financing," these proofs (in Wilkinson's mind) of federally funded moral decline spelled the end of cherished American freedoms.Bryan Waterman, The Lord's University: Freedom and Authority at BYU, December 15, 1998Twice a day at Brigham Young University the campus stands still while the American flag is raised or lowered, the national anthem ringing out from loudspeakers mounted atop campus buildings. The patriotic display is, typically, the only disruption at the Mormon church‑owned school—rated "Most Nostalgic for the Reagan Era" by the Princeton Review—whose sprawling grounds are nestled against the Wasatch Front of the Rocky Mountains. A single student refusing to stop for the flag ceremony can generate a mild stream of protest letters to the official campus newspaper, the Daily Universe.Bryan Waterman, The Lord's University: Freedom and Authority at BYU, December 15, 1998I assume that I am an apostate, that I am no friend of higher learning, that I am just a low‑down ignoramus, but in that ignorance I want to say to you that I am not at all concerned with the relative fewness of our attendance at the Y who are graduate students. In this ignorance of mine, I have a feeling that the mission of the Brigham Young University is not to make Ph.D.s or M.A.s, but to distribute among as wide a number as possible the ordinary collegiate work leading to Bachelor Degrees and to instill into the students a knowledge of the Gospel and a testimony of its truthfulness.J. Reuben Clark, Letter to Ernest Wilkinson, President of BYUThe function of this Committee is to pass upon and approve all materials, other than those that are purely secular, to be used by our Church Priesthood, Educational, Auxiliary, and Missionary organizations in their work of instructing members of the Church in the principles of the Gospel and in leading others to a knowledge of the Truth. To meet such required standards for use by Church organizations, such materials must: (1) Clearly set forth or be fully consistent with the principles of the restored Gospel. (2) Be wholly free from any taint of sectarianism and also of all theories and conclusions destructive of faith in the simple truths of the Restored Gospel, and especially be free from the teachings of the so‑called "higher criticism." Worldly knowledge and speculation have their place; but they must yield to revealed truth. (3) Be so framed and written as affirmatively to breed faith and not raise doubts. "Rationalizing" may be most destructive of faith. That the Finite cannot fully explain the Infinite casts no doubt upon the Infinite. Truth, not error, must be stressed. (4) Be so built in form and substance as to lead to definite conclusions that accord with the principles of the Restored Gospel which conclusions must be expressed and not left to possible deduction by the students. When truth is involved there is no place for student preference or choice. Youth must be taught that truth cannot be blinked or put aside, it must be accepted. (5) Be filled with a spirit of deepest reverence. They should give no place for the slightest levity. They should be so written that those who teach from and by them will so understand. (6) Be so organized and written that the matter may be effectively taught by men and women untrained in teaching without the background equipment given by such fields of learning as psychology, pedagogy, philosophy and ethics. The great bulk of our teachers are in the untrained group.J. Reuben Clark, First Presidency's 1944 letter on the Literature Censorship Committee, later renamed the Committee on Publications[We'll develop BYU's School of Theology] only for the purpose of developing and demonstrating the truth of the Restored Gospel and the falsity of the other religions of the world, and thereby up build the faith and knowledge of post‑graduate scholars.J. Reuben Clark, Heber J. Grant, J. Reuben Clark, and David O. McKay to Committee on Publications (Joseph Fielding Smith, John A. Widtsoe, Harold B. Lee, and Marion G. Romney), 9 Aug. 1944I implore the students at BYU [Brigham Young University] to re‑assess their homophobic feelings. Seek to understand first before you make comments. We have the same needs as you. We desire to love and be loved. We desire to live our lives with happiness. We are not a threat to you or your families. We are your sons, daughters, brothers, sisters, neighbors, co‑workers and friends, and most importantly, we are all children of God. [Matis would later commit suicide due to ostracism.]Mark A. Taylor, Affirmation: Sin & Death in Mormon Country: A Latter‑day TragedyThe son of Gilbert Fay and Lucy Pettingill Lauritzen, Brad G. Lauritzen born in Brigham City, Utah on October 26, 1947. In 1966, Brad registered in Brigham Young University's Study Abroad Program and spent a semester in Grenoble, France. While a student at BYU, Brad became affiliated with a social group for gay people in 1967 and early 1968 that met regularly in the "step down lounge" at the Wilkinson Center. Brad was outed by Donald Attridge, another gay student, in the early spring of 1968. Attridge had turned in a lengthy list of names to Apostle Spencer Kimball after receiving assurances from both BYU's head of Standards Office, Kenneth Lauritzen (no relation to Brad), and Kimball that those on the list would be "helped" by Kimball. Instead, Brad was hospitalized in the psychiatric ward of a mental institution by his family. He later escaped and ran away to San Francisco, where he committed suicide just before Christmas, on December 18, 1971. He was 24 years old. Mark A. Taylor, Affirmation: Sin & Death in Mormon Country: A Latter‑day TragedyOn February 25, 2000, Stuart Matis drove to the LDS chapel in Los Altos, California, and took his life. He was frustrated by the efforts by the LDS Church to pass Proposition 22, and he felt that he could not reconcile his religion and his homosexuality. He was 32 years old.Mark A. Taylor, Affirmation: Sin & Death in Mormon Country: A Latter‑day Tragedy© 2011


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December 15, 2008
LENNIE KIRKLAND, PLAINTIFF,v.STAN MORGIEVICH AND JOHN DOE AND/OR JANE DOE, DEFENDANTS.
On April 9, 1991, Plaintiff Lenine Kirkland was driving on the New Jersey Turnpike when he was stopped and searched by Defendant State Trooper Stan Morgievich. During the course of that stop, illegal narcotics were found. Kirkland was arrested and subsequently tried and convicted. His sentence was later vacated, along with many others, at the request of the New Jersey Attorney General based on New Jersey's prior practice of racial profiling. Kirkland filed a complaint pursuant to 42 U.S.C. § 1983 on April 6, 2004, alleging violations of his Fourth and Fourteenth Amendment rights under the United States Constitution, as well as violations of the New Jersey State Constitution.
Before the Court is Trooper Morgievich's motion to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(c) and for summary judgment pursuant to Rule 56(b). Morgievich argues that the claims in Kirkland's Complaint accrued at the time of his arrest and are therefore barred by the applicable two-year statute of limitations. Kirkland argues that at minimum, his Fourteenth Amendment claim for selective enforcement based on racial profiling did not accrue until his sentence was vacated and that his Complaint was timely filed within the two-year statutory period. This Motion is decided without oral argument pursuant to Fed. R. Civ. P. 78. Having carefully considered the arguments of the parties and for the reasons stated below, the Motion is granted and the case is dismissed.
I. Jurisdiction and Venue
This Court has jurisdiction over Kirkland's §1983 claims pursuant to 28 U.S.C. §§ 1331 and 1343. The Court exercises pendent jurisdiction over the claims arising under the Constitution of the State of New Jersey. See 28 U.S.C. § 1367. Because the events that give rise to Kirkland's claims occurred in this District, venue is proper pursuant to 28 U.S.C. § 1391(b)(2).
II. Factual and Procedural Background
The facts presented here are based on those set forth in Kirkland's Complaint and on facts in the record as presented in the exhibits submitted by the parties with the present Motion. Kirkland, an African-American male, alleges in his Complaint that on April 9, 1991, he was driving his car on the New Jersey Turnpike when he witnessed a New Jersey State Trooper in a patrol car pull beside him, turn to look at him, and then say something into his radio. (Compl. ¶ 13; Levine Certif. Ex. 3, Kirkland Dep. 11:24--12:12, June 5, 2007.) Immediately thereafter, Kirkland was pulled over, allegedly without probable cause. (Compl. ¶ 14.) After smelling marijuana and seeing a pack of rolling papers fall from Kirkland's pocket as he searched for identification papers, Trooper Morgievich conducted a search of Kirkland's car. (Levine Certif. Ex. 4, Trial Tr. 9:22--10:20, May 6, 1997.) When the search uncovered what Trooper Morgievich believed to be illegal narcotics, Kirkland was arrested. Kirkland alleges that he was the victim of racial profiling at the time he was stopped by Trooper Morgievich. (Compl. ¶ 16.) Kirkland testified that at the time of his arrest, he believed it to be unlawful. (Levine Certif. Ex. 3, Kirkland Dep. 7:10-17.) Kirkland was subsequently tried and convicted of possession of a controlled dangerous substance and sentenced to a prison term of ten to twenty years.
On April 19, 2002, the New Jersey Superior Court vacated Kirkland's conviction and dismissed the indictment. (Levine Certif. Ex. 2.) This dismissal was one of eighty-six criminal convictions involving allegations of racial profiling that the New Jersey Attorney General requested to be dismissed on that date. (Levine Certif. Ex. 11.)
Kirkland instituted this action pro se on April 6, 2004, pursuant to 42 U.S.C. § 1983.*fn1 On July 30, 2004, after an initial screening as permitted by 28 U.S.C. § 1915A, the case was ordered to proceed. In his Complaint, Kirkland generally alleges he was "denied the right to remain free from unwarranted search and seizure of his person and vehicle by the New Jersey State Police" (Compl. at 1) and that he was the victim of racial discrimination (Compl. ¶ 15). He also alleges that he was stopped without probable cause and was denied his "right[]to remain free from racial discrimination by police officers" in violation of his right to due process and equal protection under the United States Constitution. (Compl. ¶ 14.) Kirkland further alleges he was the target of racial profiling (Compl. ¶ 16), "selective criminal activities" (Compl. ¶ 17), and an "unreasonable search and seizure" (Compl. ¶ 18), all in violation of the New Jersey State Constitution.
Judge Bassler issued an Order dismissing Defendant Governor James McGreevy on December 19, 2005. On May 9, 2006, Kirkland agreed to voluntarily dismiss Defendant Attorney General Peter Harvey. Kirkland filed a motion to amend the Complaint on August 23, 2006, and an amended motion to amend the Complaint on September 1, 2006. Following briefing, oral argument, and supplemental briefing on the motion to amend, Magistrate Judge Madeline C. Arleo denied the motion. (See Orders denying motion to amend, Nov. 17, 2006, Dec. 1, 2008, & Jan. 4, 2007.) Trooper Morgievich, the only remaining Defendant, filed the current Motion on May 8, 2008.
III. Discussion
A. Rule 56 Summary Judgment
Defendants moved to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(c) and for summary judgment pursuant to Rule 56(b). Because both parties rely on facts not contained in the pleadings, the motion will be considered only as one for summary judgment. See Fed. R. Civ. P. 12(d).
Summary judgment shall be granted "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 a judgment as a matter of law." Fed. R. Civ. P. 56(c). A factual dispute is genuine if a reasonable jury could return a verdict for the non-movant. It is material if, under the substantive law, it would affect the outcome of the suit. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The moving party must show that if the evidentiary material of record were reduced to admissible evidence in court, it would be insufficient to permit the non-moving party to carry its burden of proof. Celotex Corp. v. Catrett, 477 U.S. 317, 318 (1986).
Once the moving party meets the initial burden, the burden then shifts to the non-movant who must set forth specific facts showing a genuine issue for trial and may not rest upon the mere allegations or denials of its pleadings. Shields v. Zuccarini, 254 F.3d 476, 481 (3d Cir. 2001). The court may not weigh the evidence and determine the truth of the matter but must instead determine whether there is a genuine issue as to a material fact. Anderson, 477 U.S. at 249. In doing so, the court must construe the facts and inferences in the light most favorable to the non-moving party. Masson v. New Yorker Magazine, 501 U.S. 496, 520 (1991).
B. Kirkland's Complaint
The central question before the Court presented by Trooper Morgievich's motion for summary judgment is whether the statute of limitations had expired on Kirkland's claims when he filed his Complaint. Although there was some disagreement regarding the date Kirkland officially filed the Complaint for purposes of calculating the statute of limitations, the operative date is April 6, 2004, when the Complaint was first received by the clerk. See McDowell v. Del. State Police, 88 F.3d 188, 191 (3d Cir. 1996) ("Although a complaint is not formally filed until the filing fee is paid, we deem a complaint to be constructively filed as of the date that the clerk received the complaint-as long as the plaintiff ultimately pays the filing fee or the district court grants the plaintiff's request to proceed in forma pauperis.").
In order to determine whether the statute of limitations has expired for Kirkland's claims, it is first necessary to determine what those claims are. Although he has been represented by counsel in this action since 2005, Kirlkand filed his Complaint pro se. As such, it should be construed liberally. See Haines v. Kerner, 404 U.S. 519, 520--21 (1972) (pro se pleadings, "however inartfully pleaded" are held "to less stringent standards than formal pleadings drafted by lawyers"); see also U.S. v. Otero, 502 F.3d 331, 334 (3d Cir. 2007); United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992). In construing a pro se plaintiff's complaint, courts "apply the applicable law, irrespective of whether the pro se litigant has mentioned it by name." Dluhos v. Strasberg, 321 F.3d 365, 369 (3rd Cir. 2003).
In addition to the clearly-articulated allegations of violations of the New Jersey Constitution, the Court construes the Complaint to allege claims pursuant to 42 U.S.C. § 1983 for unlawful search and seizure and false arrest in violation of the Fourth Amendment, as well as a claim for selective enforcement in violation of the Fourteenth Amendment. Kirkland's brief submitted in opposition to the Motion makes various arguments regarding purported claims for selective prosecution, malicious prosecution, and for conspiracy pursuant to 42 U.S.C. § 1985. No such claims exist in the Complaint and the arguments presented regarding those claims are disregarded.*fn2
Section 1983 provides, in pertinent part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . . .
42 U.S.C. § 1983. This provision "creates a species of tort liability." Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299, 305 (1986)). To establish that a defendant violated a right secured by the Constitution or laws of the United States, a plaintiff must demonstrate that the defendant deprived him of such right as charged in the complaint. Salerno v. O'Rourke, 555 F. Supp. 750, 757 (D.N.J. 1983). A plaintiff must "identify the exact contours of the underlying right said to have been violated." Downey v. Coalition Against Rape and Abuse, Inc., 143 F. Supp. 2d 423, 437 (D.N.J. 2001) (quoting County of Sacramento v. Lewis, 523 U.S. 833, 841 n.5 (1998)). "By itself, Section 1983 does not create any rights, but provides a remedy for violations of those rights created by the Constitution or federal law." Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906--7 (3d Cir. 1997).
D. Accrual and Statute of Limitations for § 1983 Claims
State law governs the applicable statute of limitations period for § 1983 claims. Wallace v. Kato, 549 U.S. 384, 127 S.Ct. 1091, 1094 (2007) (citing Owens v. Okure, 488 U.S. 235, 249-- 50 (1989)); Cito v. Bridgewater Twp. Police Dep't., 892 F.2d 23, 25 (3d Cir. 1989). Section 1983 claims are best characterized as personal injury claims and governed by the applicable state's statute of limitations for personal injury claims. Cito, 892 F.2d at 25. New Jersey applies a two-year statute of limitations period for personal injury torts. N.J. Stat. Ann. § 2A:14-2. Thus, a § 1983 claim arising in New Jersey has a two-year statute of limitations. Montgomery v. De Simone, 159 F.3d 120, 126 n.4 (3d. Cir. 1998); Cito, 892 F.2d at 25.
A more challenging issue in § 1983 cases is determining the date of accrual-the trigger that typically starts the clock on the state-based statute of limitations. Accrual of § 1983 claims is a question of Federal law. See Wallace, 127 S.Ct. at 1095. Such accrual occurs "when the plaintiff has a complete and present cause of action, that is, when the plaintiff can file suit and obtain relief." Id. (citations and internal quotation marks omitted) (quoting Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. of Cal., 522 U.S. 192, 201 (1997) (internal quotations and citations omitted)). "'Under the traditional rule of accrual . . . the tort cause of action accrues, and the statute of limitations commences to run, when the wrongful act or omission results in damages. The cause of action accrues even though the full extent of the injury is not then known or predictable.'" Id. at 1097 (quoting 1 C. Corman, Limitation of Actions § 7.4.1. 526--27 (1991)); see also Montgomery, 159 F.3d at 126 ("'[T]he limitations period begins to run from the time when the plaintiff knows or has reason to know of the injury which is the basis of the section 1983 action.'" (quoting Genty v. Resolution Trust Corp., 937 F.2d 899, 919 (3d Cir. 1991))); Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1386 (3d Cir. 1994) (stating, in the employment discrimination context, "[a] claim accrues in a federal cause of action as soon as a potential claimant either is aware, or should be aware, of the existence of and source of an injury . . . not upon awareness that this injury constitutes a legal wrong").
E. The Impact of Heck and Wallace on Accrual of §1983 Claims
A § 1983 claim is not cognizable if success on such claim would "necessarily imply the invalidity" of an underlying conviction or sentence. Heck v. Humphrey, 512 U.S. 477, 486--87 (1994). The Court in Heck held that:
[I]n order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus, 28 U.S.C. § 2254. A claim for damages bearing that relationship to a conviction or sentence that has not been so invalidated is not cognizable under § 1983.
Id. This has become known as the "Heck bar." It prevents a plaintiff in a § 1983 civil action from pursuing a collateral attack on the validity of his or her conviction or sentence. See Id. at 484. In Heck, a prisoner serving a 15-year sentence for manslaughter filed a §1983 claim seeking monetary damages for allegedly improper actions by two county prosecutors and a state police investigator. The Court construed Heck's complaint as one for malicious prosecution. The Court found that because an element of a malicious prosecution claim is the termination of the prior criminal proceeding in favor of the accused, such a claim was not cognizable as a § 1983 claim before such termination occurred. Id. at 486--87. The Court explained that the "hoary principle that civil tort actions are not appropriate vehicles for challenging the validity of outstanding criminal judgments applies to § 1983 damages actions that necessarily require the plaintiff to prove the unlawfulness of his conviction or confinement." Id. at 486.
In interpreting Heck, the Third Circuit held that Fourth Amendment claims brought pursuant to §1983 were not categorically excluded from the Heck bar. Gibson v. Superintendent of N.J. Dep't of Law & Pub. Safety, 411 F.3d 427, 448--50 (3d Cir. 2005). Hence, under Gibson, the statute of limitations for certain Fourth Amendment claims might not begin to run at the time of the unlawful action giving rise to the claim. Instead, the Third Circuit held that a fact-based inquiry was required in order to determine whether the particular Fourth Amendment claim would necessarily imply the invalidity of the underlying conviction. Id. at 449--50. ("While it is true that some Fourth Amendment claims are not subject to deferral under Heck, we conclude that Heck does not set forth a categorical rule that all Fourth Amendment claims accrue at the time of the violation.").
Subsequent to Gibson, the Supreme Court clarified that the Heck bar:
is called into play only when there exists a conviction or sentence that has not been . . . invalidated, that is to say, an outstanding criminal judgment. It delays what would otherwise be the accrual date of a tort action until the setting aside of an extant conviction which success in that tort action would impugn.
Wallace, 127 S.Ct. at 1097--98 (internal quotations omitted). In other words, the Heck bar only applies to postpone accrual of a § 1983 claim if, at the time that the § 1983 claim would normally accrue, there is an outstanding conviction or sentence that has not been invalidated. See Fox v. DeSoto, 489 F.3d 227, 234 (6th Cir. 2007) ("In no uncertain terms . . . the Court in Wallace clarified that the Heck bar has no application in the pre-conviction context."); Elozua v. New Jersey, No. 04-cv-2029 (MLC), 2008 WL 370926, at *4 (D.N.J. Feb. 11, 2008), appeal docketed, No. 08-1725 (3d Cir. Mar. 10, 2008) ("[I]f a plaintiff is not convicted at the time a Section 1983 claim accrues, the accrual of the claim is not deferred, and that plaintiff must file the claim within the applicable statute of limitations period.").
In Wallace, the Supreme Court refused to extend the Heck bar to a § 1983 claim for false arrest. The Court held that "the statute of limitations upon a § 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process." Wallace, 127 S.Ct. at 1100. The Court explained that the Heck bar could not apply because at the time the statute of limitations began to run on plaintiff's false arrest claim, "there was in existence no criminal conviction that the cause of action would impugn; indeed, there may not even have been an indictment." Id. at 1098. The Court thus refused to extend Heck in such a way "that an action which would impugn an anticipated future conviction cannot be brought until that conviction occurs and is set aside." Id.
F. Kirkland's Fourth Amendment Claims
The Fourth Amendment prohibits "unreasonable searches and seizures." U.S. Const. amend. IV. "[A] traffic stop will be deemed a reasonable 'seizure' when an objective review of the facts shows that an officer possessed specific, articulable facts that an individual was violating a traffic law at the time of the stop." U.S. v. Delfin-Colina, 464 F.3d 392, 398 (3d Cir. 2006). Kirkland's Fourth Amendment claim for unlawful search and seizure accrued, and the statute of limitations began to run, on April 9, 1991, when he was stopped by Trooper Morgievich. See Elozua, 2008 WL 370926, at *5 (holding that plaintiff's claim for illegal search and seizure accrued at the time of the incident because "plaintiffs were present and thus had knowledge of the alleged injuries"). Kirkland admits that at the time he was stopped, he believed the State Police's actions were unlawful. During his deposition, Kirkland was asked whether "On the stop itself you came to the conclusion that you were illegally arrested?" He answered "Yes." (Levine Certif. Ex. 3, Kirkland Dep. 7:10--17).*fn3 Even without this admission, Kirkland had reason to know at the time of the stop that it was unlawful because he claims he had not committed-and was never told he was suspected of having committed-any violation of the motor vehicle laws. It is also significant that immediately before he was stopped, Kirkland claims he witnessed a State Trooper in a patrol vehicle pull beside his vehicle, look at him, and say something into his police radio.
The statute of limitations for false arrest, a species of false imprisonment, begins to run as soon as the detainee is held pursuant to legal process (e.g., when bound-over by a magistrate judge or arraigned). Wallace, 127 S.Ct. at 1096--97. Although the record is not clear when Kirkland made his first appearance before a New Jersey Court, there is no suggestion it was long after his arrest on April 9, 1991. Under Wallace, the Heck bar does not apply to delay the accrual of Kirkland's Fourth Amendment claim for false arrest. There is no dispute that when Kirkland first appeared before a New Jersey Court following his arrest, "there was in existence no criminal conviction that the cause of action would impugn." Wallace, 127 S.Ct. at 1098. Hence, Kirkland's false arrest claim accrued, and the statue of limitations began to run, at the time of that appearance. Because his claim was not filed within two years, it is untimely.
Although Wallace only directly addressed the issue of whether the Heck bar applied to a false arrest claim, its reasoning is equally applicable to a claim for illegal search and seizure. See Dominguez v. Hendley, 545 F.3d 585, 589 (7th Cir. 2008) (citing Wallace for the proposition that "Fourth Amendment claims as a group do not necessarily imply the invalidity of a criminal conviction, and so such claims are not suspended under the Heck bar to suit."); see also Mallard v. Potenza, No. 94-cv-222, 2007 WL 4198246, at *3 (E.D.N.Y. Nov. 21, 2007) (noting that courts have found it a "rather modest leap" to extend Wallace's holding to search and seizure claims). Here, as in Wallace, there was no conviction in existence at the time the illegal search and seizure took place. Hence, the Heck bar does not apply and the two-year statute of limitations has long expired for that claim.*fn4 This Court agrees with other courts in finding that Wallace supersedes the Third Circuit's analysis in Gibson of § 1983 claims for Fourth Amendment violations.*fn5 Kirkland concedes that Wallace applies to his Fourth Amendment claims (Pl.'s Br. 5) and that the Heck bar does not defer accrual of those claims. Because Kirkland did not file his Complaint until after the two-year statute of limitations on his Fourth Amendment claims expired, those claims are dismissed.
G. Kirkland's Fourteenth Amendment Claims
A critical issue before the Court is whether Kirkland's claim of selective enforcement due to racial profiling, a violation of his Fourteenth Amendment rights, is subject to the Heck bar and thus did not accrue until his conviction was vacated at the request of the New Jersey Attorney General. In examining the date of accrual for a selective enforcement claim, it is helpful to review the elements of that claim, just as the Supreme Court did for the false arrest claim at issue in Wallace. The elements of a selective enforcement claim are:
(1) the person, compared with others similarly situated, was selectively treated, and (2) the selective treatment was motivated by an intention to discriminate on the basis of impermissible considerations, such as race or religion, to punish or inhibit the exercise of constitutional rights, or by a malicious or bad faith intent to injure the person.
Zahra v. Southold, 48 F.3d 674, 683 (2d Cir. 1995); see also Rose v. Allentown, 211 F. App'x 133, 139 (3d Cir. 2007) (quoting Zahra, 48 F.3d at 683). In contrast, plaintiffs bringing a claim for selective prosecution must meet two elements:
First, they must provide evidence that persons similarly situated have not been prosecuted. Second, they must show that the decisions were made on the basis of an unjustifiable standard . . . such as race, religion, or other arbitrary classification . . . or to prevent the defendant's exercise of a fundamental right.
Gov't of Virgin Islands v. Harrigan, 791 F.2d 34, 36 (3d Cir. 1986) (internal citations and quotations omitted). A claim of selective prosecution is "an independent assertion that the prosecutor has brought the charge for reasons forbidden by the Constitution." U.S. v. Armstrong, 517 U.S. 456, 463 (1996). Despite arguments to the contrary, Kirkland has brought no such claim. The allegations in the Complaint are entirely focused on the actions of the State Police, not the prosecutor, and hence can only be construed as a selective enforcement claim. Accordingly, Kirkland's arguments regarding selective prosecution-which are repeatedly intertwined with arguments related to selective enforcement-are unavailing. (See Pl.'s Br. 8-- 10.)*fn6
Although the Supreme Court's grant of Certiorari in Wallace was limited to a Fourth Amendment false arrest claim, its analysis of that claim's accrual is instructive in considering Kirkland's selective enforcement claim. A claim for selective enforcement accrues, and the statute of limitations begins to run, at the time of the improper stop, search and seizure. See Dique v. Mulvey, No. 04-cv-563 (KSH), 2008 WL 1882856, at *8 (D.N.J. Apr. 24, 2008), appeal docketed, No. 08-2525 (3d Cir. May 19, 2008) (the tort of selective enforcement "is complete once the victim has been selected out of a discriminatory motive to be the target of the enforcement of a law by the enforcers"); Clarke, 2007 WL 4554254, at *6 (concluding that a selective enforcement claim accrues at the time of the arrest). Should the unlawful selective enforcement result in the subject being detained, the applicable claim becomes one for selective prosecution. This analysis is analogous to that employed in Wallace, where the Court found that once a detainee is held pursuant to legal process, his claim for wrongful imprisonment ends and his "unlawful detainment forms part of the damages for the 'entirely distinct' tort of malicious prosecution." Wallace, 127 S.Ct. at 1096.
Kirkland argues that the holding in Wallace does not apply to his claim for selective enforcement in violation of the Fourteenth Amendment. Thus, the argument goes, the Heck bar should apply, making the date of accrual for this claim April 19, 2004, the day his sentence was vacated. Using that accrual date, the Complaint was timely filed within the two-year statute of limitations. To bolster this argument, Plaintiff argues that the Third Circuit's decision in Gibson regarding the applicability of the Heck bar to a selective enforcement claim is determinative. In Gibson, the Third Circuit found that the Heck bar applied to a claim for selective enforcement based on racial profiling because "if a person can demonstrate that he was subjected to selective enforcement in violation of his Equal Protection rights, his conviction will be invalid." Gibson, 411 F.3d at 440--41. The Court reasoned that "[b]ecause a successful claim of selective enforcement under the Fourteenth Amendment Equal Protection Clause would have necessarily invalidated Gibson's conviction, under the Heck deferred accrual rule the statute of limitations did not begin to run until his sentence was vacated and this claim is not untimely." Id. at 441. Unfortunately, the Third Circuit did not have the guidance of Wallace when it reached its decision in Gibson, and has not yet issued an opinion addressing the impact of Wallace on its analysis of the selective enforcement claim in Gibson.
The Court is aware that the Third Circuit recently issued an opinion in which it held that "Heck's deferred accrual rule applies to allegations of a violation of equal protection, because a successful claim of racially discriminatory enforcement of the law would invalidate the resulting conviction and sentence." Cook v. Layton, No. 08-2156, slip op. at 3 (3d Cir. Nov. 19, 2008) (citing Gibson, 411 F.3d at 435, 441). The opinion, which is labeled "Not Precedential," does not mention Wallace or contain any discussion of that decision's impact on Heck or Gibson. Without further direction from the Third Circuit, this Court must be guided by the Supreme Court's holding in Wallace.
Following the Supreme Court's reasoning in Wallace, there is no Heck bar to accrual of a selective enforcement claim because at the time such a claim accrues, "there was in existence no criminal conviction that the cause of action would impugn." See Wallace, 127 S.Ct. at 1098; see also Eidson v. Tenn., 510 F.3d 631, 40 (6th Cir. 2007) (noting that "irrespective of the difference between types of § 1983 claims asserted, the rule of Heck cannot be divorced from its post-conviction setting. This is the teaching of Wallace."); Fox v. DeSoto, 489 F.3d 227, 234 (6th Cir. 2007) ("[T]he Heck bar has no application in the pre-conviction context."). To hold otherwise would be to create exactly the situation the Supreme Court sought to avoid: a rule where "an action which would impugn an anticipated future conviction cannot be brought until that conviction occurs and is set aside." Wallace, 127 S.Ct. at 1098. Accordingly, this Court joins other Courts in this District in holding that the Heck bar does not apply to Fourteenth Amendment claims for selective enforcement based on racial profiling. See Dique, 2008 WL 1882856, at *7--9; Elozua, 2008 WL 370926, at *7; Clarke, 2007 WL 4554254, at *6; Richards, U.S. Dist. LEXIS 49290, at *15--16; see also Hilton v. Whitman, No. 04-cv-6420 (SDW), slip op. at 18--19 (D.N.J. Dec. 15, 2008). But see Gibson, 2007 WL 1038920, at *4 (distinguishing Wallace and holding that the Heck bar does apply to Fourteenth Amendment claims for selective enforcement).
Thus, Kirkland's claim for selective enforcement under the Fourteenth Amendment accrued-and the statute of limitations began to run-on the date he was stopped, searched, and arrested by Trooper Morgievich on April 9, 1991. Because Kirkland did not file his Complaint until April 19, 2004, long after the two-year statute of limitations had expired, his selective enforcement claim is dismissed.
H. Kirkland's Claims Under the New Jersey State Constitution
Morgievich argues that Kirkland's claims brought under the New Jersey State Constitution must be dismissed for failure to comply with the procedural requirement of the New Jersey Tort Claims Act and because they are time barred under the applicable two-year statute of limitations. This is only partially correct. The New Jersey Tort Claims Act, N.J.S.A. 59:1-1, "does not apply to federal and state constitutional claims because a state statute may not abrogate an individual's constitutional rights." County Concrete Corp. v. Roxbury, 442 F.3d 159, 174 (3d Cir. 2006) (citing Greenway Dev. Co. v. Paramus, 163 N.J. 546 (2000)); see also Owens v. Feigin, 394 N.J. Super. 85, 86 (App. Div. 2007). However, the two-year statute of limitations applies to Kirkland's state law claims. See Freeman v. State, 347 N.J. Super. 11, 20--22 & n.3 (App. Div. 2002) (affirming lower court's application of two-year statute of limitations to claims brought for violations of rights under the New Jersey Constitution). Kirkland's claims under the New Jersey Constitution are based on the same factual allegations as his § 1983 claims. As such, those claims also accrued at the time he was stopped and arrested on April 9, 1991. Accordingly, they are time-barred and are dismissed.
I. Equitable Tolling
Kirkland argues that accrual of his § 1983 claim should be "deferred due to the dishonest concealment by Defendants of the selective enforcement program." (Pl.'s Br. 11.) The essential argument is that because New Jersey's policy of racial profiling was concealed, Kirkland cannot be charged with knowledge that the initial stop was the result of racial profiling, and as such, the statute of limitations should be equitably tolled. Federal Courts generally look to state law for applicable tolling rules. Wallace, 127 S.Ct. at 1099--1100; Wilson v. Garcia, 471 U.S. 261, 269 (1985). Under New Jersey law, a statute of limitations can be tolled for statutory or equitable reasons. Bases for statutory tolling include minority status, insanity, and non-residency of liable persons. N.J. Stat. Ann. §§ 2A:14-21, 14-22 (2007). None of those apply here. Bases for equitable tolling include where the claimant: (1) "has been induced or tricked by his adversary's misconduct into allowing the filing deadline to pass"; (2) "has in some extraordinary way been prevented from asserting his rights"; and (3) "has timely asserted his rights mistakenly by either defective pleading or in the wrong forum." Freeman v. State,347 N.J. Super. at 31 (internal quotations and citations omitted). "However, absent a showing of intentional inducement or trickery by a defendant, the doctrine of equitable tolling should be applied sparingly and only in the rare situation where it is demanded by sound legal principles as well as the interests of justice." Id. (citing U.S. v. Midgley, 142 F.3d 174, 179 (3d Cir. 1998)).
When state tolling rules contradict federal law or policy, federal courts can apply federal equitable tolling doctrine. Lake v. Arnold, 232 F.3d 360, 370 (3d Cir. 2000). The bases for equitable tolling under federal law are similar to those employed in New Jersey, namely:
(1) where a defendant actively misleads a plaintiff with respect to her cause of action; (2) where the plaintiff has been prevented from asserting her claim as a result of other extraordinary circumstances; or (3) where the plaintiff asserts her claims in a timely manner but has done so in the wrong forum.
Lake, 232 F.3d at 370 n.9 (citing Oshiver, 38 F.3d at 1387).
Generally, New Jersey's concealment of the pervasiveness of racial profiling does not justify tolling of the statute of limitations period. See Freeman, 347 N.J. Super. at 11 (rejecting plaintiff's argument for equitable tolling based on the lengthy concealment of racial profiling); But see Dique, 2008 WL 1882856, at *23 (applying equitable tolling to selective enforcement claim but finding claim was nonetheless time barred because it was filed after the two-year statute of limitations had expired). Such concealment does not "bespeak[] the kind of trickery or misconduct that would justify the application of equitable tolling." Freeman, 347 N.J. Super. at 11. Moreover, Kirkland does not allege that Trooper Morgievich induced, tricked, or actively misled him regarding his selective enforcement claim.
Even if this Court was to determine that New Jersey's concealment of its policy of racial profiling was, for example, an extraordinary circumstance warranting equitable tolling, Kirkland's Complaint is still time barred. Assuming that Kirkland was not immediately aware that the traffic stop may have been motivated by a policy of racial profiling (despite his deposition testimony to the contrary), he was certainly aware of it when his attorney filed a motion to suppress the evidence discovered as a result of the allegedly unlawful stop. Although the exact date of the motion to suppress is not in the record, it was on or before May 6, 1997, the date Trooper Morgievich testified at Kirkland's trial. (Pl.'s Br. 2; Levine Certif. Ex. 4.)
In making his argument for equitable tolling, Kirkland relies on a certification by William H. Buckman, Esq., who apparently has been involved in many racial profiling cases since 1990. (Levine Certif. Ex. 15, Buckman Certif., Jul. 24, 2001.) Mr. Buckman states that none of the materials evidencing New Jersey's racial profiling practices were "known to litigants . . . until the release of The Interim Report [of the State Police Review Team Regarding Allegations of Racial Profiling, dated April 20, 1999] and, more importantly, the release of 90,000 pages of discovery in November 2000." (Id.) Even if the statute of limitations was tolled until November, 2000, it would have expired in November 2002. Kirkland's Complaint was not filed until April, 2004, one year and five months too late. Regardless, it is not necessary to pick a date on which tolling ended because Kirkland has not established he is entitled to equitable tolling in the first instance.
All of Kirkland's claims are barred by the two-year statute of limitations. Because there is no genuine issue of material fact for trial, Trooper Morgievich's motion for summary judgment is granted and the case is dismissed.
Susan D. Wigenton, U.S.D.J.
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text:
Nine of Disks – Gain
Gain means to get something desired, to win, to reach, to arrive at. The antonym of gain is lose.
The Nine of Disks shows making money from a project. There can also be a windfall or winning a cash prize. The expectation of gain from a project or venture that is not necessarily financial.
Rider-Waite: Nine of Pentacles
A woman, with a bird upon her wrist, stands amidst a great abundance of grapevines in the garden of a manorial house. It is a wide domain, suggesting plenty in all things. Possibly it is her own possession and testifies to material well-being.
Prudence, safety, success, accomplishment, certitude, discernment.
Additional Meanings: Prompt fulfillment of what is presaged by neighbouring cards.
Reversed Nine of Pentacles
Roguery, deception, voided project, bad faith.
Additional Meanings: Vain hopes.
Book of Thoth – Gain – Nine of Disks
The Nine of Disks is called Gain. The suit of Disks is much too dull to care; it reckons up its winnings; it does not worry its head about whether anything is won when all is won. This card is ruled by Venus. It purrs with satisfaction at having harvested what it sowed; it rubs its hands and sits at ease. As will be understood from the consideration of the Tens, there is no reaction against satisfaction as there is in the other three suits. One becomes more and more stolid, and feels that "everything is for the best in the best of all possible worlds".
Golden Dawn – Nine of Pentacles
Lord of Material Gain
Pregnant with idea or child; abundance; gain; a bequest of parental bounty.
Mathers: Nine of Pentacles
Discretion, Circumspection, Prudence, Discernment.
Reversed Nine of Pentacles
Deceit, Bad faith, Artifices, Deception.
Etteilla: Nine of Coins
Result, Achievement, True, Accomplishment, Success.
Reversed Nine of Coins
Artifice, Fraud, Deception, Broken Promises, Empty Experiences, Aborted Projects.
Paul Foster Case – Nine of Coins
The lunar crescent refers to 9 as Sphere of the Moon.
Time period
Second decanate of Virgo, under rulership of Saturn, from September 2nd to September 11th.
Reserve, discretion, caution, frugality; some worries over money-matters, because of slow maturing of plans; gain through careful investment.
Discouragement, troubles through theft and knavery. Occasionally, when this card is especially Well- dignified, and other cards in the layout confirm it, this represents inheritance, material gain, and much increase of goods, corresponding to the positive meaning of Saturn in Capricorn.
Thierens: 9 of Pentacles
- Effect, realisation, accomplishment; positive certain fulfilment of what is presaged by the neighbouring cards, succeeding. Reversed it is said to give: Deception, bad faith, vain hope, idle promise, etc.
- It is the Fire on the ascendant, First house, and consequently must be very positive in its meaning and effect. The word 'effect' is correct here and everything in the meaning of this card must be positive in its nature. There may be some conceit and self-satisfaction, but not without goodness of heart; self-centredness rather. The person indicated by this card must be a good sportsman and honest above all. So we can see no reason whatever, even in weak cases for addictions such as 'bad faith,' etc. Neither can we see 'prudence' in it, as one version has it. The force in it does not tolerate contradiction nor delay, does not reason, but acts at once.
- Honesty, positive attitude, sport, self-centredness and confidence in one's self, self-reliance, certitude, accomplishment, directness, no attention paid to other people's standpoint. Means to the querent: go ahead, you will succeed. Prompt arrival of things. Strong affirmative answer on questions. The effect is certain.
- <<Eight of Disks | Ten of Disks>>


text:
aashka fashions private limited
Category: Womens Wear
No. of Franchise Outlets: 5
No. of Franchise Outlets: 5
Area Req: -NA-
Investment: Rs. 30lac - Rs. 50lac
Investment: Rs. 30lac - Rs. 50lac
Business Details
We are in the business of Designer sarees and suits. our sarees are being very much appreciated by the retail customers. through whole sellers, our designs are being appreciated in other state also.
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Want to expand
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aashka fashions private limited Property Details
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aashka fashions private limited Training Details
Detailed operating manuals for franchisees
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aashka fashions private limited Agreement & Term Details
Do you have a standard franchise agreement?
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Dec, 09 2016
IHOP to open 20 restaurants in five...
IHOP is planning to open around 20 restaurants in next five years seeing the great potential that the market holds.
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text: Click on the photo to zoom in Guess Slim fit pumplin orange jeans Guess Color: Orange Currency AUD CAD CNY EUR GBP HKD JPY KRW RUB USD From $AU 30.90 $AU 103 (-70%) From $AU 31.20 $AU 104 (-70%) From $AU 31.20 $AU 104 (-70%) From $AU 103 (-70%) $AU 30.90 Size 3 years - (out of stock) 4 years - (out of stock) 5 years - (out of stock) Size guide Size available soon Alert me when this product is available Alert me Choose your size. Pre-order : Available soon Add to basket Buy the look The item has been added to your wishlist Your item has been added to your gift list Share on Facebook Share on Twitter (@Melijoe_Fashion) Pin on Pinterest Share on Google Plus Share on Weibo Share on VK Details Slim fit pumpkin orange jeans made of stretch denim. Adjustable waistband with an inner buttoned elastic strap. Zip fly and paste button. Five pockets with rivets. Monogram over the back pocket. Reference K33B91-70C5G-C330 Composition 98% Cotton 2% Spandex Delivery: 3 working days


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text:
"A woman is the full circle.
Within her is the power to create, nurture and transform."
― Diane Mariechild
I started with the background with this oil painting as I have been doing lately. The swirling movement and colour therefore play a primary role in the painting with the figure almost floating in the space.
12" x 24" x 1.5" (30cm x 60cm x 3.8cm)
Artist quality paints on boxed (deep-edge) Loxley canvas.
Comes with a COA.
I'd love to hear from you if you have any questions or comments :)
International Buyers:
If you are interested in this painting but you do not see your country listed in the shipping options, I would be delighted to provide a no-obligation, custom quote. Customs fees and duties are the responsibility of the recipient. They vary from country to country but you can calculate these additional fees at http://www.dutycalculator.com/
This is an original painting and copyright worldwide is owned by Roberta J Heslop.
Happy browsing!
Oil paint
Oil painting by Roberta Heslop
Ink drawingby Roberta Heslop
Oil paintingby Roberta Heslop
Oil paintingby Roberta Heslop
Oil paintingby Roberta Heslop


text:
8-Layer Tostada
Total Time
8hrs 15mins
Prep 15 mins
Cook 8 hrs
This recipe comes from "Prevention" magazine book of slow cooker recipes. It's meatless, but you can add 1/2 pound browned ground turkey for your meat lovers in the family. It's very tasty and filling!
Ingredients Nutrition
- 12 (6 inch) corn tortillas
- 2 (16 ounce) cans vegetarian refried beans
- 2 (14 1/2 ounce) cans diced tomatoes, drained
- 1 (10 ounce) package frozen corn, thawed
- 2 cups low-fat monterey jack pepper cheese, shredded
- 1 teaspoon chili powder
- Coat slow cooker with nonstick cooking spray. Cover base and 1" up sides with 4 tortillas, overlapping as necessary.
- Spread 1 can beans, 1 can tomatoes, 1/2 of the corn, and 1/3 of the cheese on top of tortillas. Sprinkle with 1/2 of the chili powder.
- Cover with 4 more tortillas, and repeat layers, topping with 4 remaining tortillas. Sprinkle with remaining cheese and a dash of chili powder.
- Cook on "low" for 8 hours.
Most Helpful
It would be an awesome recipe if you told us how long to cook it! LOL


text:
PS4 Infographic: A Technology Timeline Of The Sony PlayStation 4 And Its Previous Generations. This is a fun timeline of the PlayStation that shows when they were all launched and what the sales were like. It also includes the PS logo and icons of a game controller. http://www.ibtimes.com/ps4-infographic-technology-timeline-sony-playstation-4-its-previous-generations-1483430
Check information about video games here dealingsonnet.tum... #Playstation #Videogames
Tasteful PlayStation/man-cave decoration
Hey Guys! I just got a PS4. If any of you want to add me or just have another friend, my username is: SmauglockHolmes
Playstation 4 - Next Gen console that I look foward to getting for X-mas or my birthday which is less than a month apart
Sony Playstation Wallet More
Playstation 1 into a lamp
Gran Turismo - PSOne
i've been staring at these symbols for the past three months.
Zombies - PS4 Lightbar


text:
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This forum is created for people who would like to drive with their cars with LPG, or are planning to go for LPG, also for discussing technical topics according LPG
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Melbourne Shuffle Culture. MSO Melbourne Shuffle Oldskool


text:
Food Business Template Vectors
Are you creating a food company? Download this set of templates for your brand, this set include page, box, lunch box, paper bag, paper glass, tray, uniform, cap, food truck, transport truck, change the colors, add your brand logo and add your favorite type to be recognized.
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