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December 5, 2005
MARC NORFLEET, PLAINTIFF,v.OFFICER VALE, ET AL., DEFENDANTS.
The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff claims that the defendants, a correctional officer and staff nurse at the Cook County Jail, violated the plaintiff's constitutional rights by acting with deliberate indifference to his safety and medical needs, by failing to accommodate his disability, and by wrongfully disciplining him. More specifically, the plaintiff alleges that the defendant Vale failed to protect him from an attack by a fellow inmate, then subjected him to false disciplinary action to cover up for the incident; the plaintiff further maintains that the defendant Locke denied him a cane that he needs to walk and for which he has a doctor's prescription. This matter is before the court for consideration of the defendants' motion to dismiss the complaint for failure to state a claim. For the reasons stated in this order, the motion is denied.
It is well established that pro se complaints are to be liberally construed. Haines v. Kerner, 404 U.S. 519, 520 (1972), reh'g denied, 405 U.S. 948 (1972); see also McCormick v. City of Chicago, 230 F.3d 319, 325 (7th Cir. 2000). They can be dismissed for failure to state a claim only if it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Haines, 404 U.S. at 521; Zimmerman v. Tribble, 226 F.3d 568, 571 (7th Cir. 2000). Fact pleading is not necessary to state a claim for relief. Thompson v. Washington, 362 F.3d 969, 970-71 (7th Cir. 2004). To satisfy the notice pleading requirements of Fed. R. Civ. P. 8(a)(2), the plaintiff need only state his legal claim and provide "some indication . . . of time and place." Id. at 971.
When considering whether to dismiss a complaint for failure to state a claim upon which relief can be granted, the court takes the allegations in the complaint as true, viewing all facts--as well as any inferences reasonably drawn therefrom--in the light most favorable to the plaintiff. Autry v. Northwest Premium Services, Inc., 144 F.3d 1037, 1039 (7th Cir. 1998). Dismissal should be denied whenever it appears that a basis for federal jurisdiction in fact exists or may exist and can be stated by the plaintiff. Jones v. Edgar, 3 F. Supp. 2d 979, 980 (C.D. Ill. 1998).
The plaintiff alleges the following facts, which must be accepted as true for purposes of the defendants' motion: Prior to his confinement, the plaintiff was diagnosed with a severe back impairment and radiculopathy. "Radiculopathy" is defined as a disease of the nerve roots and/or compression of the spine. Dorland's Illustrated Medical Dictionary (28th ed. 1994), p. 1404. The plaintiff was classified as disabled and was receiving disability benefits at the time of his arrest. On May 27, 2003, physicians at Cook County Jail's Cermak Hospital prescribed the plaintiff a walking cane.
On December 20, 2003, the plaintiff was granted protective custody status.
In January 2004, the plaintiff was attacked and stabbed in a courthouse holding cell. [That attack is the subject of another lawsuit currently pending before this court. See Norfleet v. Gray, et al., Case No. 04 C 2952 (N.D. Ill.)]. Following the assault, the judge presiding over the plaintiff's state court criminal case ordered that the plaintiff be isolated from other detainees.
On August 28, 2004, the defendant Vale, a correctional officer at the Cook County Jail, locked the plaintiff in an outdoor recreation area with another inmate. Vale then left the inmates unsupervised. The other inmate attacked the plaintiff, somehow injuring his knee. Vale "wrongfully" issued the plaintiff a disciplinary report charging him with assault. The disciplinary report, which is attached as an exhibit to the plaintiff's memorandum of law in support of his complaint, accused the plaintiff of being the instigator in the altercation. According to the disciplinary report, the plaintiff swung his cane at the other inmate with sufficient force to break it, although the other inmate blocked the blow with his hand. The plaintiff, however, maintains that Vale came on the scene only after the other inmate started the brawl, compelling the plaintiff to defend himself. The plaintiff contends that Vale wrote a false disciplinary report in order to deflect attention from his failure to prevent the assault.
On August 31, 2004, the defendant Locke, a nurse at the jail, denied the plaintiff the use of a walking cane although he told her that he had an "urgent need" for the cane. Locke cited the disciplinary report accusing the plaintiff of using the cane as a weapon as her reason for denying him a cane. That same day, the plaintiff fell as he walked without a cane. The plaintiff required hospitalization for his injuries.
Accepting the plaintiff's factual allegations as true, the court finds that the complaint states colorable causes of action against both Vale and Locke. While a more fully developed record may belie the plaintiff's claims, it is not the case that the plaintiff could prove "no set of facts" entitling him to relief under 42 U.S.C. § 1983.
The defendants' motion to dismiss is denied as moot with respect to Cook County and the Cook County Board of Health. By Minute Order of March 31, 2005, the court on its own motion dismissed those defendants on initial review pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The plaintiff "agrees with dismissing . . . Cook County & Cook County Board of Health." (Plaintiff's Response to Defendants' Motion to Dismiss, p. 2.) Those entities have already been terminated as defendants.
The defendant Vale asserts that he cannot be held liable for a sudden, unexpected attack on the plaintiff. It is true that the complaint alleges only that Vale "deviated from municipal policy" both by placing the plaintiff on the recreation yard with another inmate despite his protective custody status and leaving the two detainees unattended. Violations of state law [or, by extension, court orders or jail rules] are not, in and of themselves, actionable as constitutional torts. See, for example, Rowe v. DeBruyn, 17 F.3d 1047, 1051 (7th Cir. 1994), cert. denied, 513 U.S. 1994 (1994). Only deliberate indifference, which is defined as a failure to take reasonable measures in the face of a substantial risk of serious harm, violates the Constitution. Farmer v. Brennan, 511 U.S. 825, 827 (1994); Riccardo v. Rausch, 375 F.3d 521, 525 (7th Cir. 2004). The Fourteenth Amendment "does not demand that guards perform [their duties] flawlessly." Id. "Lack of due care" will not subject prison officials to damages. Davidson v. Cannon, 474 U.S. 344 (1986).
However, in response to the motion to dismiss, the plaintiff seems to suggest that Vale deliberately placed him in harm's way. A plaintiff may add new factual assertions in his response to a motion to dismiss so long as they do not contradict his complaint. See Alexander v. Reid, No. 02 C 7059, 2003 WL 1733648, at *1 (N.D. Ill. Mar. 31, 2003) (St. Eve, J.), citing Hrubec v. National R.R. Passenger Corp., 981 F.2d 962, 963-64 (7th Cir. 1992). It is possible that the nature of the plaintiff's crime or other considerations made him particularly vulnerable to attack; certainly the plaintiff's status as a protective custody inmate and the Keep Separate order should have alerted Vale that the plaintiff faced some danger.
If Vale deliberately facilitated the attack on the plaintiff, then he may be answerable to the plaintiff in damages under 42 U.S.C. § 1983. "When a correctional officer intentionally exposes a prisoner to a known risk of violence at the hands of another prisoner, he breaches the duty imposed upon him . . . and thus subjects himself to suit under 42 U.S.C. § 1983." Goka v. Bobbitt, 862 F.2d 646, 649-50 (7th Cir. 1988) (emphasis in original). The relevant inquiry is whether correctional officials actually knew about the danger that the plaintiff faced. Qian v. Kautz, 168 F.3d 949, 955 (7th Cir. 1999); Smith-Bey v. Hospital Adm'r, 841 F.2d 751, 758 (7th Cir. 1988). Especially because the plaintiff was in protective custody status at the time and had been previously been attacked, deliberate indifference on the part of Vale can be inferred at this stage of the proceedings. Compare Pavlick v. Mifflin, 90 F.3d 205 (7th Cir. 1996) (jury verdict affirmed where prison guard opened sleeping plaintiff's cell door, allowing other inmates to enter and attack the plaintiff).
Nevertheless, the plaintiff's claim that he was wrongfully disciplined for the altercation must be dismissed. A pretrial detainee may not be subjected to any form of punishment for the crime with which he is charged. Rapier v. Harris, 172 F.3d 999, 1002 (7th Cir. 1999), relying on Bell v. Wolfish, 441 U.S. 520, 535 (1979). However, he can be punished for disciplinary infractions he commits while in pretrial custody, so long as he is afforded notice and an opportunity to be heard. Higgs v. Carver, 286 F.3d 437, 438 (7th Cir. 2002). In this case, there is no allegation that the plaintiff was denied procedural due process. Although it is most regrettable if the plaintiff was punished for fighting when he was merely the victim in the altercation, the court does not sit in review of jail disciplinary decisions.
Turning to the plaintiff's allegations against Locke, the complaint--though sketchy--is likewise sufficient to withstand Locke's motion to dismiss. The Due Process Clause prohibits deliberate indifference to the serious medical needs of a pretrial detainee. Chapman v. Keltner, 241 F. 3d 842, 845 (7th Cir. 2001); Qian v. Kautz, 168 F.3d 949, 955 (7th Cir. 1999); but see Henderson v. Sheahan, 196 F.3d 839, 844 (7th Cir. 1999), cert. denied, 530 U.S. 1244 (2000) (inattention only to serious injury or signs of serious injury amounts to a constitutional violation). Furthermore, the Americans with Disabilities Act, which applies to state prisoners, see Cassidy v. Indiana Dept. of Corrections, 199 F.3d 374, 375 (7th Cir. 2000), requires reasonable accommodation of an inmate's disabilities.
A more fully developed record may establish that Locke did not act with deliberate indifference to a serious medical need. However, the plaintiff need not "prove" his case at this time, as the defendants argue in their brief. "The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims." Caremark, Inc. v. Coram Healthcare Corp., 113 F.3d 645, 648 (7th Cir. 1997), quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). Of course, in order to recover damages, the plaintiff will have to establish by a preponderance of the evidence that the defendant Locke acted with deliberate indifference to a serious medical need and/or refused to accommodate his disability. But the complaint satisfies basic notice pleading requirements.
Finally, reference is made to the plaintiff's assertion that this case involves the same issues as those presented in his other pending case, Norfleet v. Gray, et al., Case No. 04 C 2952 (N.D. Ill.). The court has once again reviewed the pleadings in Case No. 04 C 2952 and finds that the two lawsuits are similar but non-overlapping. Case No. 04 C 2952, like the case at bar, involves a correctional officer's failure to protect the plaintiff from harm as well as the denial of a cane. But different defendants are named in Case No. 04 C 2952 and a completely unrelated alleged inmate attack in a different setting than in the earlier action triggered the instant lawsuit. The plaintiff may wish to discuss with appointed counsel in Case No. 04 C 2952 whether it would be appropriate to file a motion for voluntary dismissal of this lawsuit, without prejudice to filing a second amended complaint under Case No. 04 C 2952 setting forth all claims and defendants in one action. However, the court finds that dismissal of this case as duplicative is not warranted.
For the foregoing reasons, the defendants' motion to dismiss is granted only with respect to the plaintiff's claim that he received a false disciplinary report. The plaintiff may pursue his claims that Vale acted with deliberate indifference to his safety and that Locke acted with deliberate indifference to his medical needs.
IT IS THEREFORE ORDERED that the defendants' motion to dismiss [#19] is granted only insofar as the plaintiff claims that he was wrongfully disciplined. The motion to dismiss is denied in all other respects. The defendants Vale and Locke are directed to answer or plead within twenty-one days of the date of this order.
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Coast to Coast Tickets is the place for great deals on concert, sports and theater tickets!Follow @CTCTickets
Buy cheap tickets at Coast To Coast Tickets. For premium Bela Fleck concert tickets for all Bela Fleck concerts plus the 2016 tour schedule, artist news, seating chart, and even more cheap Bela Fleck tickets, view Bela Fleck concert schedule below.
|2017: Mar Apr
|Bela Fleck & Abigail Washburn
|Venue Not Found
March 9, 2017
Thursday 7:30 pm
|Bela Fleck & Abigail Washburn
Lensic Performing Arts Center
Santa Fe, NM
March 13, 2017
Monday 7:30 pm
|Bela Fleck & Abigail Washburn
California Center for the Arts Escondido - Concert Hall
Escondido, CA
March 15, 2017
Wednesday 7:30 pm
|Bela Fleck & Abigail Washburn
Christopher Cohan Performing Arts Center
San Luis Obispo, CA
March 19, 2017
Sunday 7:00 pm
|Bela Fleck & Abigail Washburn
Sunset Center
Carmel, CA
March 26, 2017
Sunday 7:00 pm
|Bela Fleck & Abigail Washburn
Rams Head On Stage
Annapolis, MD
April 16, 2017
Sunday 7:00 pm
|Available Bela Fleck events displayed above.Bela Fleck
If you would like to attend a Bela Fleck show live in person, CoastToCoastTickets.com is your source.
CoastToCoastTickets.com provides schedules and information for Bela Fleck.
Whether you just want tickets that will get you into the show or you prefer premium seats,
we make it easy to buy Bela Fleck tickets online or by phone.
While we are proud to offer our customers an industry-leading selection of Bela Fleck tickets at competitive prices, we are equally committed to providing extensive Bela Fleck information. Our site includes Bela Fleck schedules, venue seating charts, directions, and Bela Fleck background and history.
Bela Fleck is an American banjo player. Born in New York City, Fleck is one of the most prominent banjo players and has succeeded in crossing a number of genres, from jazz to bluegrass to rock. Fleck received his first banjo from his grandfather in 1973 when he was 15, and was enrolled in the High School of Music and Art in New York City where he studied the French horn.
In 1979, Fleck released his first solo album, Crossing the Tracks, which marked the beginning of Fleck's flare for crossing genre lines as Crossing the Tracks was anything but a traditional bluegrass album. In 1981, Fleck formed Spectrum: the Band alongside guitarist and vocalist Glen Lawson, mandolin player Jimmy Gaudreau and close friend and bassist Mark Schatz. In that same year, Fleck joined the New Grass Revival. Fleck was a member of the New Grass Revival for nine years with Sam Bush. In 1988, Fleck released another solo album, Drive, which was nominated for a Grammy, Best Bluegrass Album.
In 1988, Fleck formed Bela Fleck and the Flecktones, a part-bluegrass, part-jazz fusion group along with bassist Victor Wooten, "drumitar" player Roy "Future Man" Wooten, Harmonica player Howard Levy, and saxophonist Jeff Coffin. The band has released fourteen albums, most recently 2011's Rocket Science.
The band has won five Grammy awards, starting in 1997 when the group won Best Pop Instrumental Performance for "The Sinister Minister." In 2001, the band won Best Contemporary Jazz Album for Outbound. In 2007, the group won Best Contemporary Jazz Album for The Hidden Land. In 2009, the band won Best Pop Instrumental Album for Jingle All the Way. Most recently, Fleck and Levy won for Best Instrumental Composition for Life in Eleven.
Fleck has won eight additional Grammy awards. Fleck won the award for Best Country Instrumental Performance twice, in 1995 for Hightower, and in 2000 for Leaving Cottondale. He has won Best Instrumental Composition once in 1998 for Almost 12. Fleck has also won the Best Classical Crossover Album, Best Contemporary World Music Album, and Best Pop Instrumental Performance. Fleck also holds the record for nominations in the most different categories, as well as most wins in different categories with Grammy awards in eight different categories.
Please Note: Bela Fleck tickets may be sold for more than the price listed on the ticket. Unless specifically stated, we are not affiliated with any official Bela Fleck website, any Bela Fleck box office or any Bela Fleck fan clubs, partners, or sponsors.
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ISLAND PARK - Police are searching for a man who attempted to rob an Island Park bank Friday morning.
Surveillance video shows a male entering the Bank of America on Long Beach Road just before noon. Authorities say he passed a threatening note to a teller that demanded cash.
He fled the bank without any money.
Anyone with information about the incident is urged to call Crime Stoppers at 1-800-244-TIPS.


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Panasonic Lumix DMC-FT20 Review
Latest Camera Reviews
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Mac users, we're pleased to announce Macphun's all-in-one photo editor Luminar is now available for purchase with special launch pricing. (Existing Macphun customers get a further discount.)
We rated Luminar as "Highly Recommended", and you can now visit the Luminar web site to try it for free.
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Calling it "one of the most-difficult decisions I have made in my life," Olympic champion Kyla Ross announced her retirement from elite gymnastics on Monday.
Making the U.S. team at 15, Ross was the youngest member of the "Fierce Five" that won the team gold at the 2012 London Olympics.
Now 19, she also has five world championship medals -- including a silver in the 2013 all-around -- on her resume.
"Having the opportunity to represent the U.S. through gymnastics has been an experience I will always cherish," she said.
Martha Karolyi, the national team coordinator, said: "Kyla not only was known for her work ethic and...


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I need some Graphic Design
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Untold Stories of Video Game Remasters – the Good, Bad, and Ugly
In today's video, we discuss something subjective – are video game remasters good or bad? And...
The Humble Monthly Bundle is always a good catch for PC gamers, especially since the organization allows quite cheaper rates in general and that too with a touch of charity. Anyhow, the January bundle is currently live and you can get your hands on it right away.
Games that are being offered with the January bundle are:
In case you are new to the Humble Store or the Humble Monthly Bundle offerings in specific, let us explain how it works. Every month, a bunch of games are put up on offer and anyone can get their hands on them by subscribing to the bundle.
Right now, you can subscribe for the sum of $12, but there is more to it. As an incentive, the Humble Store is offering a copy of Alien Isolation to everyone who hooks up with them for the next monthly bundle before February 5, 2016 – that is a $49.95 MSRP game you will get immediately after you subscribe.
Out of the games being offered in the January bundle, Grim Fandango Remastered is a title that PlayStation Plus has included in their free games list for the month. Other games include Dragon Age Origins, Hardware Rivals and three others that you can know all about by checking out our story here.
Is there anything in the Humble Monthly Bundle for January that you are interested in?


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Taking the Perfect Camera Shots Ebook
Taking the Perfect Camera Shots
Click here to see the long list of these ebooks
(priced for $7.00 or less).
Title: Taking the Perfect Camera Shots
Do you want to take photos like the pros? It's not hard if you know some of the secrets of the pros. If you really want to know how to take good photos read on....
"Who else wants to discover how to take photos that will stun your friends with your photography skills?"
It's not all that hard to do, as long as you know how.
Dear photographer,
Are you tired of taking photos that seem dull and lifeless when you look at them later?
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Do You Know
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- A Few Things That Are Musts For The Photographer
- Using Light and Shadow to Enhance Photos
- Better Pictures By Focusing On Composition
- Does Depth Of Field Matter To Picture Quality?
- Capturing Nature with Your Camera
- Does The Camera Matter?
- Getting the Best Camera Shots at Night
- Flash Blow Out: Avoiding It
- Getting The Right Shot For Money
- How To Be An Expert Behind The Camera
- Getting The Perfect Shot Without A Tripod
- Improving Portrait Pictures
- Perfect Camera Shots - Getting Children at Their Best
Click here to see the long list of these ebooks
(priced for $7.00 or less).
|Digital Photography Success
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Scarf Folfby
From WikiFur, the furry encyclopedia.
Scarf Folfby, also known as Halstuch (real name Josh T. Stanley), is a furry artist who is based in Singapore.[1] He is also a firearm prop maker and military cosplayer.
Scarf's fursona is a folf (fox/wolf hybrid) with grey and maroon fur. He has light brown hair and light blue eyes.
Scarf creates furry art (mainly SFW) and takes requests and trades. Commissions have remained closed since December 2015.
- ↑ Scarf Folfby's profile on Twitter. Retrieved March 20, 2016.
External links[edit]
|This person is a WikiFur user:
- Folfby.com (official website)
- Scarf Folfby on Facebook
- Scarf Folfby on Fur Affinity
- Scarf Folfby on Instagram
- Scarf Folfby on Twitter
- Scarf Folfby on YouTube
|This stub about a person could be expanded.


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text:
Severing Nuchal Cord at the Time of Delivery.
This study has been completed.
Wolfson Medical Center
Information provided by:
Wolfson Medical Center
ClinicalTrials.gov Identifier:
First received: June 26, 2006
Last updated: NA
Last verified: September 2003
History: No changes posted
- Full Text View
- Tabular View
- No Study Results Posted
- Disclaimer
- How to Read a Study Record
Umbilical cord often becomes encircled around portions of the fetus, usually the neck. The incidence ranges from 1 loop in 21% to 3 loops in 0.2%. In this study we wish to assessed the practice of severing the cord, which was encircled once around the neck of the fetus, after delivery of the anterior shoulder and prior to extraction of the body. The study and the control groups will include 30 women, each one. After diagnosis of cord around the neck during labor by ultrasound, the women will inter a randomization process. After delivery of the head, it will be cut intentionally in the study group and left intact in the control group. Neonatal outcome will be assessed.
Umbilical Cord
Obstetric Delivery
Newborn Infant
Procedure: severing umbilical cord
Phase 1
|Study Type:
|Study Design:
|Allocation: Randomized
Endpoint Classification: Efficacy Study
Intervention Model: Single Group Assignment
Masking: Open Label
Primary Purpose: Treatment
|Official Title:
|Study That Clarifies Whether Cord Around the Neck Should Be Severed at Delivery.
Further study details as provided by Wolfson Medical Center:
|Ages Eligible for Study:
|Child, Adult, Senior
|Genders Eligible for Study:
Inclusion Criteria:
single loop cord around the neck active labor spontaneous vaginal delivery
Exclusion Criteria:
instrumental delivery cesarean section false positive finding of cord around the neck multiple loop cord around the neck
Contacts and Locations
Choosing to participate in a study is an important personal decision. Talk with your doctor and family members or friends about deciding to join a study. To learn more about this study, you or your doctor may contact the study research staff using the Contacts provided below. For general information, see Learn About Clinical Studies.
Please refer to this study by its ClinicalTrials.gov identifier: NCT00345254
Please refer to this study by its ClinicalTrials.gov identifier: NCT00345254
|Deliveery Ward, Edith Wolfson Medical Center,
|Holon, Israel, 56100
Sponsors and Collaborators
Wolfson Medical Center
|Principal Investigator:
|Oscar Sadan, MD
|E Wolfson Medical Center, Holon, Israel
More Information
ClinicalTrials.gov processed this record on December 09, 2016
|ClinicalTrials.gov Identifier:
|NCT00345254 History of Changes
|Other Study ID Numbers:
|Study First Received:
|June 26, 2006
|Last Updated:
|June 26, 2006
|Health Authority:
|Israel: Ministry of Health
ClinicalTrials.gov processed this record on December 09, 2016


text:
Which Joe gave his name to 'sloppy joes'? We look at five interesting sandwiches and their lexical origins.
Definition of Tamworth Manifesto in English:
Tamworth Manifesto
proper noun
(in English history) an election speech by Sir Robert Peel in 1834 in his Tamworth constituency, in which he accepted the changes instituted by the Reform Act and expressed his belief in moderate political reform. The manifesto is widely held to signal the emergence of the Conservative Party from the old loose grouping of Tory interests.
Further reading
6 punctuation marks you might be using incorrectlyRead more
We take a look at several popular, though confusing, punctuation marks.
An A-Z of country name originsRead more
From Afghanistan to Zimbabwe, discover surprising and intriguing language facts from around the globe.
How brothers became buddies and brosRead more
The definitions of 'buddy' and 'bro' in the OED have recently been revised. We explore their history and increase in popularity.


text:
Located moments away from a variety of local shops and amenities, this smart two bedroom flat benefits from a fantastic balcony with views across the London skyline.
Key features
- Ideally located within a modern development
- Placed on popular Newington Green
- Fabulous two bedroom flat arranged on the fifth floor
- Stylish reception/kitchen with ample space to dine
- Features two well presented and generous bedrooms
- Boasts a superb balcony with fantastic views
- Benefits from allocated parking space
Green Lanes itself benefits from a variety of shops and amenities, while Islington is within easy reach offering a more comprehensive selection of shops, bars and restaurants.
Stoke Newington locals have kindly shared their favourite places to go...
The Highbury Barn
One of the most succulent chicken roasts you'll ever taste in a pub, with all of their meats supplied from the organic butcher just across the road.
Highbury Arts Club
Amazing place, so small that you may miss it if it isn't recommended! A family run business close to Highbury Barn, perfect for breakfast, brunch or dinner. They have now started doing jazz nights on a Thursday too.
Great breakfasts and lunches and the only café in the area to open early. And they have food from Brazil too! OMG, I am so excited that this is my new local!
Nearest stations
Canonbury station
Zone 2
Dalston Kingsland station
Zone 2
Dalston Junction station
Zone 2
Further details
- Tenure:
- Leasehold
- Lease expires:
- Jun 2124
- Ground rent:
- To be confirmed
- Service charge:
- To be confirmed
- Stamp Duty
- £21,250
- Council tax:
- £1,296 per year (Band D)
- Local authority:
- Islington
- Total Sq Ft:
- 643 (59 Sq M) approx.
- Reference:
- 1191329
Lease details, service charges, ground rent (where applicable) and council tax are given as a guide only and should be checked and confirmed by your Solicitor prior to exchange of contracts.
Energy Performance Certificates
The Energy Performance Certificate (EPC) gives the building a standard energy and carbon emission efficiency grade from 'A' to 'G', where 'A' is the most efficient and 'D' being the average to date.
Calculations by Alexander Hall Mortgages
Interested in this property?
Call Foxtons Stoke Newington between 8am and 8pm, 7 days a week, on:
020 3728 2100


text:
HONG KONG: Tommy Hilfiger Corp Swings To Q1 Loss
Fashion designer Tommy Hilfiger Corp swung to a first-quarter loss of $7.6 million, compared to net income of $9.8 million in the same period last year.
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text: Established in 2004, we are York steel stockholders bringing you innovations in tube. As leading York steel stockholders, our expertise, skill and knowledge is vast and can be largely credited to Barrett Steel Group. If you are looking for York steel stockholders who offer you the complete service, we are the company for you.


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Storm Bay Guest House White Beach
91 White Beach Road White Beach TAS 7184, White Beach, Australia Show Map
Check in from 14h / Check out prior to 10h
Storm Bay Guest House White Beach: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in White Beach, Australia.
This cosy guest house in White Beach offers complimentary Wi-Fi, as well as a library and luggage storage. Only a stone's throw from the beach, it is ideally located for those searching for a sea-side escape.
Hotel description
Storm Bay Guest House & Cottage has 6 cosy rooms that are fitted with all the necessities to ensure an enjoyable stay.
Storm Bay Guest House White Beach's restaurant is available for breakfast, providing guests with a pleasant dining experience not far from their room.
Hobart International Airport is a 80-minute drive from Storm Bay Guest House & Cottage. It also provides an ideal location to discover Nubeena and Port Arthur.
Hotel features
Laundry service, Luggage Storage
Internet Connection (wireless)
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Storm Bay Guest House White Beach also viewed these 4 stars White Beach hotels:
Harpers on the Beach
8 Harpers Place, White Beach
8 Harpers Place, White Beach
Larus Waterfront Cottage White Beach
576 White Beach Road, White Beach
576 White Beach Road, White Beach
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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
decided: July 14, 1981.
DAVIDA SACK, APPELLANT,v.ISABEL FEINMAN, APPELLEE
No. 7 January Term, 1978, Appeal from the Order of the Superior Court of Pennsylvania, No. 250, October Term, 1977, affirming the Decree of the Court of Common Pleas of Philadelphia, May Term, 1971, No. 5258, in Equity
Fred Lowenschuss, Philadelphia, for appellant.
Harry R. Kozart, Philadelphia, for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Larsen and Flaherty, JJ. Roberts, J., concurs in the result, believing that the issue of the propriety of awarding interest on the judgment need not be decided, as the judgment reflects an award of principal and the judgment-winner is clearly entitled to income from the principal.
[ 495 Pa. Page 102]
The sole issue in this appeal is whether the Chancellor abused his discretion in denying pre-verdict interest to appellant after imposing a constructive trust on funds to which appellant was entitled and which had been at all times invested by appellee.
In a prior opinion,*fn1 this Court, after concluding that pre-verdict interest may be awarded in order to prevent unjust enrichment or to avoid injustice,*fn2 remanded the case
[ 495 Pa. Page 103]
to the Court of Common Pleas of Philadelphia County with instructions to the Chancellor to set forth his reasons for denying pre-trial interest in this case. The Court retained jurisdiction to review the Chancellor's decision after the basis for that judgment had been set forth. On October 10, 1980 the Chancellor rendered a supplemental adjudication setting forth detailed reasons for denying pre-verdict interest to appellant.*fn3
Although the Chancellor again affirmed that appellee, acting under a power of attorney, abused her confidential relationship with the parties' mother by redeeming savings bonds belonging to the mother and placed in trust for appellant and depositing the proceeds of said bonds to her own account, he nevertheless concluded no injustice or unfair enrichment would result from a denial of pre-verdict interest. The reasons given by the Chancellor were that appellee "did not intend to harm or spite appellant," but that it was appellee's "sincere and honest conviction" that the bonds were a gift from her mother; that denial of pre-verdict interest to appellant would not result in an unjust enrichment to appellee, as she had given constant care to her mother during the mother's final illness; that the denial of pre-verdict interest would restore family harmony; and that it was unclear whether the mother intended appellant receive the interest on the bonds after the mother's death.
Because we find the Chancellor's reasons for the exercise of his discretion unpersuasive, we set aside the lower court's decree.
The Chancellor's finding of lack of malevolence on appellee's part does not alter the fact that appellee knowingly destroyed the trust arrangement created by the mother.
[ 495 Pa. Page 104]
The Chancellor found the redemption of the bonds was not at the request or instruction of the mother and rejected the contention that the funds were intended by the mother as a gift to appellee. The subjective state of mind of appellee should not be used to reward appellee at the expense of her sister who herself was totally innocent.
Nor can the denial of pre-verdict interest which rightfully belongs to appellant be justified by a desire to compensate appellee for the care she gave her mother. As noted in our prior opinion, the mother had made special provisions for appellee's financial security. There is no justification for bestowing additional benefits not intended by the deceased parent upon appellee at the expense of her sister, particularly where the misguided generosity disturbs the scheme of distribution intended by the mother.
The concern for family harmony also fails to justify the decision of the Chancellor. It was appellee's wrongful action which led to the "deteriorating sisterly relationship." Denial of pre-verdict interest is unlikely to promote family harmony in the present case. Rather, the more equitable approach was to follow the mother's plan of distribution which intended for appellant to receive the principal held in trust at the mother's death.
We find unconvincing the Chancellor's speculation that the mother may have intended appellant to receive only the principal, and no interest, after the mother's death. The savings bonds in question were held in the name of the mother, in trust for appellant. The legal effect of such a trust arrangement is that at the trustee's death, title to the corpus automatically passes to the beneficiary, and the beneficiary is entitled to both the corpus and any interest accruing thereon after the trustee's death. There is no evidence that the mother wished a different arrangement.
We have long recognized that the Chancellor has authority to frame any proper relief according to the equities of the
[ 495 Pa. Page 105]
case, Sigal v. Manufacturers Light & Heat Co., 450 Pa. 228, 231, 299 A.2d 646, 647 (1973); Salisbury Township v. Vito, 446 Pa. 200, 204, 285 A.2d 529, 531 (1971); Christian v. Johnstown Police Pension Fund Ass'n, 421 Pa. 240, 246, 218 A.2d 746, 749-50 (1966), and that his final determination will not be disturbed on appeal unless there has been an abuse of discretion. Commonwealth Dept. of Environmental Resources v. Pa. Power Co., 461 Pa. 675, 337 A.2d 823 (1975). A review of the record in this case convinces us that such an abuse of discretion has occurred.
As we stated in our prior opinion, equitable principles of fairness and justice should be taken into account in determining whether pre-verdict interest is to be allowed in the present case. Sack v. Feinman, supra, 489 Pa. at 163, 413 A.2d at 1065; see also Gervis v. Kay, 294 Pa. 518, 526, 144 A. 529, 531 (1928); D. Dobbs, Remedies, 169-170 (1973); Restatement of Restitution, § 1, Comment a (1937). Appellee has not shown, nor has the Chancellor found, that some overriding inequity would result from an award of such interest. The arguments appellee proposes are that she sincerely believed the funds she misappropriated were a gift to her and that she be permitted to retain the earned interest as compensation for the care she provided her mother. It is clear from the record, however, that the mother's plan of distribution generously favored appellee so that denying appellee the pre-verdict interest would not be inequitable. Moreover, her belief, however sincere, that "she was acting in accordance with the spirit of her [m]other's thinking"*fn4 should not be used to take from appellant funds to which appellant was entitled in accordance with her mother's actual intention.
It is well established that a person who has been unjustly enriched at the expense of another must make restitution to the other. Binns v. First Nat'l Bank, 367 Pa. 359, 372,
[ 495 Pa. Page 10680]
A.2d 768, 776 (1951); Restatement of Restitution § 1 (1937). The recipient of a benefit is required to make restitution if the circumstances of its receipt and retention are such that, as between the two persons, it would be unjust for the recipient to retain the benefit. Id., Comment c. In enforcing restitution the purpose is to require the wrongdoer to restore what he or she has received and thus put the injured party in as good a position as that which would have been enjoyed but for wrongful act. Appellee has already been ordered by the Court to return the principal she wrongfully appropriated. Yet appellant has suffered a loss which cannot be regarded as fully compensated if she is confined to that amount. The principle of full compensation requires that appellant receive pre-verdict interest.
Accordingly, the case is remanded for the Chancellor to determine the amount of interest due appellant from November 10, 1970, the date of the mother's death, to the date of judgment.
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