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August 16, 2007
PHILLIP DOYLE PLAINTIFF,v.CHIEF JUDGE OF THE TENTH JUDICIAL CIRCUIT IN HIS OFFICIAL CAPACITY, AND PEORIA COUNTY DEFENDANTS.
This matter is now before the Court on a Motion for Summary Judgment by Defendant Chief Judge of the Tenth Judicial Circuit [#46] and a Motion for Summary Judgment by Defendant Peoria County [#45]. For the reasons set forth below, both Motions are GRANTED.
The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331, as the claims asserted in the Complaint present federal questions under 42 U.S.C. § 1983 and the United States Constitution.
Plaintiff Phillip Doyle ("Doyle") was employed by the Chief Judge of the Tenth Judicial Circuit ("Chief Judge") as a Youth Supervisor-Counselor ("YSC") at the Peoria County Juvenile Detention Center from August 2003 through January 2005. By Illinois statute, Doyle's position was that of a probation officer subject to the Illinois Probation and Probation Officers Act, 730 ILCS 100 et seq. As a probation officer, Doyle had a duty of confidentiality imposed by § 12 of the Act (730 ILCS 110/12), as well as Policy 3.1 of the Peoria County Juvenile Detention Center as set out in the Detention Center's Policy & Procedure Manual. Doyle's employment as a YSC was ultimately terminated on January 28, 2005, for revealing confidential information about detainees at the Juvenile Detention Center.
In late June 2004, Doyle wrote a report to Mark Bronke ("Bronke"), the Superintendent at the Juvenile Detention Center, claiming that he had witnessed another employee assault a juvenile detainee named Ariel Y. The assault had allegedly occurred in March 2004. Bronke conducted an investigation and concluded that Doyle had fabricated the allegations against his co-worker. Doyle aggressively disputes that he fabricated any of the allegations, and states that several other co-workers and detainees corroborate his version of what occurred. Doyle was disciplined (in the form of a suspension) for having fabricated the report.
On October 13, 2004, Doyle wrote a letter to an attorney named Robin Potter, seeking help regarding his suspension. In that letter, Doyle revealed the last name of Darryl M., a juvenile detainee. On October 13 and 21, 2004, Doyle wrote letters regarding the alleged incident of assault and his discipline to Pam Zexman, a CBS news reporter. In his correspondence with Zexman, Doyle revealed the last name of Ariel Y.
On December 9, 2004, Doyle filed an unfair labor practice charge with the Illinois Labor Relations Board regarding the discipline he had received earlier in 2004. Doyle gave the Labor Board an unredacted copy of the "daily population report" for May 19, 2004, which contained confidential information regarding forty-three juvenile detainees. The report contained the full names of detainees at the Juvenile Detention Center, the date they were admitted, the offense with which they are charged, the status of any court action, and the county from which the juvenile was referred. Doyle also admits that he gave copies of the same daily population report to Potter and Zexman.
Doyle does not dispute that he violated Peoria County Juvenile Detention Center Policy 3.1 when he released information to Potter, Zexman, and the Illinois Labor Relations Board, and Doyle did not obtain permission from his supervisor to reveal the confidential information to any source. Policy 3.1 provides, "All employees of the Center, as well as consultants, contract personnel, and volunteers must maintain the confidentiality of any information pertaining to any specific juvenile." Chief Judge MSJ, Ex. E, at 7.
Doyle was discharged on January 28, 2005, for releasing confidential information regarding juveniles. Specifically, a written disciplinary decision from Bronke states that Doyle violated Detention Center Policy 3.1 when he (1) disclosed confidential information regarding Aerial Y. to Pam Zexman; (2) disclosed confidential information regarding Daryl M. to Robin Potter; (3) disclosed confidential information regarding Ariel Y. and Daryl M. to the Illinois Labor Relations Board; and (4) disclosed the daily population report, bearing confidential information regarding 43 juvenile detainees, to the Illinois Labor Relations Board. Chief Judge MSJ, Ex. E, at 1. Bronke concluded that these infractions, in light of Doyle's disciplinary history, rendered termination the proper disciplinary action. Id. at 2.
Before he was discharged, Doyle was issued a Notice of Adverse Action, informing him of the violations with which he was charged and the evidence his employer had concerning those violations. Doyle was given an opportunity to present his side of the story in both written and oral format. He admitted the violations and was then discharged.
Doyle'e employment was covered by a collective bargaining agreement, which contained grievance procedures that could be used to challenge termination or other discipline. Doyle's grievance over his discharge was denied at Step 3 by Steven Kossman, Bronke's supervisor. Doyle did not attend the March 24, 2005, hearing on the Step 3 grievance, and declined to seek arbitration or mediation pursuant to the collective bargaining agreement after receiving Kossman's Step 3 decision.
Doyle filed this action on May 2, 2005. The Amendment Complaint, brought under 42 U.S.C. § 1983 and state law, alleges that the Defendants violated Doyle's First Amendment rights because he was punished for speaking out on a matter of public concern. Doyle further alleges his discharge violated his due process rights under the Fourteenth Amendment, and amounted to retaliatory discharge under Illinois law
Earlier in this lawsuit, in considering a Motion to Dismiss, the Court ruled that the state tort count for retaliatory discharge (Count II) against the Chief Judge, who is essentially the State when sued in his official capacity, was barred by sovereign immunity. The Court also found that Doyle's claims under 42 U.S.C. § 1983 for monetary damages against the Chief Judge in his official capacity were barred by sovereign immunity. The Chief Judge remains in this case, therefore, only as to the claims under 42 U.S.C. § 1983, and only to the extent Doyle seeks relief not barred by the Eleventh Amendment, i.e., relief other than monetary damages.
The Complaint alleges that the Chief Judge and Peoria County are Doyle's "joint employers." While Peoria County states that it is a necessary party due to its "financial responsibility for the Chief Judge's employee related costs," it makes a cursory argument that it is not Doyle's employer or joint employer. See Alexander v. Rush North Shore Medical Center, 101 F.3d 487 (7th Cir. 1997) (The question of whether a joint employer relationship exists is a fact-based inquiry that involves consideration of several factors, of which the ability to control job functions and results is the most important). However, Peoria County has not moved for summary judgment on this ground, and accordingly, the Court proceeds on the assumption that it is a joint employer, subject to liability independent of the Chief Judge.
On May 23, 2007, both the Chief Judge and Peoria County moved for Summary Judgment, arguing that they were entitled for judgment as a matter of law on all counts. Both motions are fully briefed, and this Order follows.
Summary judgment should be granted where "the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). The moving party has the responsibility of informing the Court of portions of the record or affidavits that demonstrate the absence of a triable issue. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The moving party may meet its burden of showing an absence of disputed material facts by demonstrating "that there is an absence of evidence to support the non-moving party's case." Id. at 325. Any doubt as to the existence of a genuine issue for trial is resolved against the moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); Cain v. Lane, 857 F.2d 1139, 1142 (7th Cir. 1988).
If the moving party meets its burden, the non-moving party then has the burden of presenting specific facts to show that there is a genuine issue of material fact. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986). Federal Rule of Civil Procedure 56(e) requires the non-moving party to go beyond the pleadings and produce evidence of a genuine issue for trial. Celotex, 477 U.S. at 324. In other words, the non-moving party "must do more than simply show there is some metaphysical doubt as to the material facts." Matsushita, 475 U.S. at 586. Nevertheless, this Court must "view the record and all inferences drawn from it in the light most favorable to the [non-moving party]." Holland v. Jefferson Nat. Life Ins. Co., 883 F.2d 1307, 1312 (7th Cir. 1989). Summary judgment will be denied where a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Hedberg v. Indiana Bell Tel. Co., 47 F.3d 928, 931 (7th Cir. 1995).
For a variety of reasons, the Defendants argue that they are entitled to summary judgment on Doyle's First Amendment, due process, and state law claims.
I. First Amendment Claims
Counts I and III of Doyle's Complaint allege that the Defendants have punished him for speaking upon matter of public concern, in violation of his First Amendment rights. The First Amendment protects freedom of speech and expression and generally prevents the government from proscribing such activities. RAV v. City of St. Paul, Minn., 505 U.S. 377, 382 (1992). It is now well established that "[i]ndividuals do not relinquish their First Amendment rights to free speech by accepting employment with the government." Cygan v. Wisconsin Dep't of Corr., 388 F.3d 1092, 1098 (7th Cir. 2004). Still, public employees do not have the "unfettered right" to express themselves, and courts "must give weight to the government's interest in efficient employment decisionmaking when evaluating First Amendment retaliation claims." Id.
A. Was Doyle's Speech Constitutionally Protected?
In analyzing a First Amendment retaliation claim arising under § 1983, the Court must first determine whether the plaintiff's speech was constitutionally protected. Sigsworth v. City of Aurora, Ill., 487 F.3d 506, 509 (7th Cir. 2007); Sullivan v. Rameriz, 360 F.3d 692, 692 (7th Cir. 2004). If so, the plaintiff must establish that the speech was a substantial factor motivating his termination. Sullivan, 360 F.3d at 692. Then defendants may show that the plaintiff would have been fired even in the absence of the speech. Id.
First, then, this Court must determine whether Doyle's speech, specifically, the confidential information regarding juvenile detainees, is entitled to constitutional protection. In order to "ensure that public employee speech is afforded proper constitutional protections," the Seventh Circuit has traditionally applied the balancing test first announced in Pickering v. Board of Education, 391 U.S. 563 (1968) and clarified in Connick v. Myers, 461 U.S. 138 (1983). Under the Connick-Pickering test, a public employee's speech is constitutionally protected where (1) the employee spoke as a citizen on matters of public concern, and (2) the interest of the employee as a citizen in commenting upon matters of public concern outweighs the interest of the State as an employer in promoting the efficiency of the public services it performs through its employees. Sigsworth, 487 F.3d at 509. The "inquiry into protected status is one of law, not fact." Connick v. Myers, 461 U.S. 138, 148 n.7 (1983).
A somewhat recent Supreme Court decision, Garcetti v. Ceballos, -- U.S. --, 126 S.Ct. 1951 (2006), has slightly altered the landscape of analysis governing when a public employee speaks as a citizen for First Amendment purposes. In Garcetti, a deputy district attorney brought a First Amendment claim alleging that the District Attorney's Office retaliated against him after he wrote memoranda to his supervisors alerting them to inaccuracies in an affidavit supporting a search warrant. Id. at 1955-56. After reviewing the Supreme Court precedent involving employee speech, including Pickering and Connick, the Court concluded that "when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline." Id. at 1906. Therefore, under Garcetti, "the threshold inquiry is whether the employee was speaking as a citizen; only then do we inquire into the content of the speech" or balance the public and private interests. Spielga v. Hull, 481 F.3d 961, 965 (7th Cir. 2007); Sigsworth, 487 F.3d at 509-10.
1. Garcetti Analysis
Peoria County argues that because "disclosure of information is a part of Doyle's official responsibility under the law, Doyle's disclosures were speech pursuant to his official duties which clearly falls under the rule of Garcetti." Peoria MSJ, at 12. In response, Doyle does not address the County's "official duty" argument, but instead asserts that Policy 3.1 cannot "override" the requirements of the Illinois Labor Relations Board. The operative question, then, is whether Doyle made his statements to the private attorney, reporter, and ILRB pursuant to his official duties as a probation officer.
In Spielga v. Hull, 481 F.3d 961 (7th Cir. 2007), the plaintiff was a state correctional officer at the Westville Correctional Facility in Indiana. Id. at 962. For seven years, she worked at the prison's main gate, controlling traffic and searching vehicles for contraband. Id. While she was on her post, she observed two correctional officers suspiciously transferring bags between their private and state-owned vehicles. Id. Her immediate supervisor, who was posted at the main gate with her, dissuaded her from conducting a search of the vehicles. Id. The plaintiff noted the apparent breach of prison policy in her log, and later reported the incident to the prison's assistant superintendent. Id. at 963. Four days later, she was reassigned from the main gate to a less desirable assignment, and less desirable shift. Id. She filed an action under 42 U.S.C. § 1983, claiming that she was transferred in retaliation for reporting the main gate incident to the assistant superintendent. Id.
In making the threshold inquiry under Garcetti, the Seventh Circuit held that the plaintiff was speaking pursuant to her official duties -- not as a citizen -- when she told the assistant superintendent about the incident. Id. at 965-66. The court noted that while the plaintiff's "primary responsibility" was to regulate and monitor the vehicle and foot traffic through the gate, a focus on her "core job functions" would be too narrow in light of Garcetti, "which asked only whether an 'employee's expressions [were] made pursuant to official responsibilities.'" Id. at 966 (quoting Garcetti, 126 S.Ct. at 1961). Accordingly, when the plaintiff reported the incident she spoke as an employee, not a citizen, "because ensuring compliance with prison security policy was part of what she was employed to do." Spielga, 481 F.3d at 966. Significantly, the court noted that "Spielga 'acted as a government employee' when she reported the possible misconduct to her supervisor and sought clarification of a security policy she felt may have been breached. She did not make a public statement, discuss politics with a co-worker, write a letter to newspapers to legislators, or otherwise speak as a citizen." Id.
Here, unlike Spielga, the speech at issue was made to serve Doyle's own ends and is not reasonably interpreted as being made "pursuant to his duties," such that the Court could make the threshold conclusion that Doyle was not speaking as a private citizen. Although it is not entirely clear from its briefing, Defendant Peoria County may be suggesting that because Doyle was always under the "duty" or "responsibility" to maintain the confidentiality of the juvenile detainees, all of the speech at issue here was made "pursuant to his duties." This argument, while creative, is not supported by Garcetti or Seventh Circuit cases applying it. It is clear that "duty" and "responsibility," for purposes of the Garcetti inquiry, refer to official job functions. Here, Doyle's disclosures to the press, a private attorney, and the labor board were made to serve his own ends, not to fulfill any task or duties of his work as a YSC. Because Garcetti is inapposite to the instant facts, the Court next turns to analyzing the content of Doyle's speech.
2. Connick-Pickering Test
In determining whether speech is considered protected speech under the First Amendment, courts apply the two-step Connick-Pickering test. Schad v. Jones, 415 F.3d 671, 674 (7th Cir. 2005) (citing Connick v. Myers, 461 U.S. 138 (1983)); Pickering v. Bd. of Ed. Of Township High Sch. Dist., 205, 391 U.S. 563 (1968). Under Connick, the Court first determines whether the employee spoke "as a citizen upon matters of public concern." Connick, 461 U.S. at 147; Garzarkiewicz v. Town of Kingsford Heights, 359 F.3d 933, 940 (7th Cir. 2004). Second, under Pickering, the Court balances "the interests of [the employee], as a citizen, in commenting upon matters of public concern, and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees." Pickering, 391 U.S. at 568.
The question now becomes whether Doyle's speech addressed a matter of public concern. When determining whether speech addresses a matter of public concern, the Court considers "the content, form, and context of a given statement, as revealed by the whole record." Cygan, 388 F.3d at 1099 (citing Connick, 461 U.S. at 147--48). Of those three factors, content is the most important. Id. The Court may also consider the employee's choice of forum and motivation for speaking. Id.; Cliff v. Board of School Comm'rs of City of Indianapolis, Ind., 42 F.3d 403, 410 (7th Cir. 1994) ("A number of our cases thus direct attention to 'the point of the speech in question; was it the employee's point to bring wrongdoing to light? Or to raise other issues of public concern, because they are of public concern? Or was the point to further some purely private interest?")Ultimately, the Court must determine whether the speech is most accurately characterized as an employee grievance, or as a matter of political, social, or other concern to the community, such as "something that is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public at the time of publication." Id.
Here, both of the Defendants persuasively argue that Doyle's statements to the Labor Board and to an attorney he wished to retain were for the purpose of resolving his own employment issues and not to inform the public. They also both argue that Doyle is unable to assert any public concern over the confidential information he released, which is the speech for which he was discharged. See Chief Judge MSJ, at 6 ("It is important that plaintiff was discharged not for making allegations that juveniles were being abused, but for divulging confidential information about juveniles, in violation of the procedure manual for the detention center and in violation of state law."); Peoria County MSJ, at 15 ("The full name of Aerial Y., for instance, could not possibly be considered a matter of public concern.").
Doyle's response on the issue of public concern is insufficient and misses the mark for many reasons. First, Doyle erroneously argues that summary judgment should be denied because there are factual disputes regarding the alleged incident of abuse at the Detention Center, and the issue of public concern is a question of fact. However, as will be further explained below, any disputes of fact with respect to the alleged incident of abuse are irrelevant, and whether the speech in question "rises to the level of public concern is a question of law." Miller v. Jones, 444 F.3d 929, 935 (7th Cir. 2006).
Second, Doyle argues that "it is a matter of public concern if an Illinois resident is terminated for properly providing information requested on an intake form from the Illinois Labor Relations Board." Resp. to Peoria County MSJ, at 7. It appears that Doyle is well off the map with respect to the scope of the "public concern" inquiry under First Amendment analysis. The Court's inquiry does not involve what the public's interest might be in the implications of the (alleged) facts of this lawsuit. Instead, the inquiry is into the content of Doyle's speech for which he was terminated. The Court is concerned with whether Doyle's disclosures to the reporter, attorney, and Illinois Labor Relations Board regarding the incident of abuse addressed a matter of public concern, and even more specifically, whether those portions of Doyle's speech that violated the Detention Center rules and for which he was terminated -- the last names, races, gender, and delinquency charges of 43 detainees -- addressed a matter of public concern. Doyle has not even competently alleged that these statements were made for anything other than a private, personal interest -- challenging an employment decision. Doyle has also failed to demonstrate a public concern or "newsworthiness" in the unredacted confidential information he disclosed. This is the speech for which he was fired. Furthermore, Doyle has not made any showing that the given reasons for his termination were pretextual. Likewise, he has not made any showing that he was not permitted to otherwise speak about the alleged incident of abuse, so long as he did not divulge confidential information. He admits that he did so with law enforcement personnel, and was never disciplined. See Chief Judge MSJ, at 6.
Third, Doyle's briefing only addressed the disclosures he made to the ILRB and to the attorney, but ignored the undisputed fact that he also turned over confidential information to a news reporter, in violation of state law and Detention Center Policy. This alone would apparently provide sufficient grounds for his termination.
For all of these reasons, the Court finds that, under the circumstances of this case, Doyle has failed to establish that his disclosure of the juvenile detainee's confidential information was constitutionally protected speech. Therefore, the Defendants are entitled to Summary Judgment on Doyle's First Amendment claims, Counts I and III.
II. Due Process
In Count IV and V of his Amended Complaint, Doyle argues that due process rights were violated when he was terminated before being given adequate notice or opportunity to be heard, as his only opportunity to be heard was in front of the same person who disciplined and fired him. Here, the Chief Judge and Peoria County have moved for summary judgment on different grounds.
A. Defendant Chief Judge
Early in the lawsuit, the Chief Judge moved to dismiss the § 1983 claims against him in his official capacity, as barred by the Eleventh Amendment. In light of the fact that the Eleventh Amendment bars a plaintiff from recovering money damages against the State, the Court dismissed Doyle's § 1983 claims for money damages against the Chief Judge in his official capacity. However, the Court also recognized that under the doctrine of Ex parte Young, 209 U.S. 123 (1908), a plaintiff may sue state officials in their official capacities for prospective relief to enjoin ongoing violations of their federal rights, notwithstanding the state's Eleventh Amendment immunity. While the Complaint does not explicitly seek any form of prospective relief, Doyle's briefing on the Motion to Dismiss suggested that he might be seeking some sort of prospective relief. Accordingly, the Court concluded that the Chief Judge would remain a defendant, but only to the extent Doyle sought prospective relief.
At the Summary Judgment stage, the Chief Judge renews his arguments that the Eleventh Amendment bars all of the § 1983 claims, including the due process counts, because Doyle has not suffered a continuing constitutional violation nor has he sought any relief from the Chief Judge that could be considered prospective. The Chief Judge relies on Sonnleitner v. York, 304 F.3d 074. There, the Seventh Circuit found that when a plaintiff claims that he has been dismissed or demoted in violation of his procedural due process rights, he has not alleged an ongoing constitutional violation. Id. at 718. Specifically, the court concluded that "the violation was not the demotion as such, but instead, the fact that the demotion occurred without an adequate opportunity to be heard." Id.
Doyle fails to provide any meaningful response to the Chief Judge's argument that Doyle's due process allegations do not establish an ongoing constitutional violation argument, stating only "[t]o the extent that this Court may award prospective relief such as injunctive or declaratory relief, 'requiring a state official to conform his or her behavior to the requirements of federal law in the future is not barred by the Eleventh Amendment.'" Resp. to Chief Judge MSJ, at 9 (quoting Hadi v. Horn, 830 F.3d 779, 783 (7th Cir. 1987).
Doyle's Complaint, aside from a general prayer for relief, seeks only actual damages, compensatory damages, and attorney fees. After the benefit of additional time and discovery, Doyle has not established an ongoing constitutional violation, nor has he refined his requested relief to include reinstatement or any other prospective relief which is not barred by the Eleventh Amendment. Accordingly, the Chief Judge is entitled to Summary Judgment on Doyle's due process claims.
B. Defendant Peoria County
Defendant Peoria County argues that Doyle received all the process to which he was due. The Fourteenth Amendment Due Process Clause forbids a state from depriving any person of life, liberty, or property without due process of law. To establish a procedural due process violation, a plaintiff must demonstrate that there is (1) a cognizable property interest; (2) a deprivation of that property interest; and (3) a denial of due process. Hudson v. City of Chicago, 374 F.3d 554, 559 (7th Cir. 2004). Peoria County concedes that, as a member of a union whose employment was subject to a collective bargaining agreement, Doyle had a cognizable property interest in continued employment. Peoria also concedes that Doyle was deprived of that property interest when he was discharged from the Detention Center, and therefore the only issue is whether Doyle received due process.
The Court begins its analysis by noting that due process is not a "technical conception with a fixed content," but rather is "flexible and calls for such procedural protections as the particular situation demands." Mathews v. Eldridge, 424 U.S. 319, 334 (1976). The fundamental requirement of due process is an opportunity to be heard "at a meaningful time and in a meaningful manner." Armstrong v. Manzo, 380 U.S. 545, 552 (1965).
Generally, "some form" of pre-termination process is necessary for public employees who are terminated. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542 (1985). The pre-termination hearing, however, need not be a full evidentiary hearing or formal in nature, id. at 545, and in fact, the scope and formality of the required pre-termination process "depends on the other pre- and post-termination procedures available to the employees." Schacht v. Wisconsin Dep't of Corr., 175 F.3d 497, 503 (7th Cir. 1999); see also Hudson, at 374 F.3d at 560 ("[a]s long as substantial post-deprivation process is available, the pre-deprivation process required when terminating an employee often need not be elaborate or extensive"). A sufficient pre-termination process typically requires (1) notice of the charges; (2) an explanation of the employer's evidence; and (3) an opportunity for the employee to tell his side of the story. Wainscott v. Henry, 315 F.3d 844, 852 (7th Cir. 2003). But again, if there are elaborate post-termination procedures in place, a pre-termination hearing consisting only of notice of the charges and an informal opportunity to respond to them will pass constitutional muster. See Schacht, 175 F.3d at 503.
Here, it is undisputed that Doyle was issued a Notice of Adverse Action informing him of the violations with which he was charged and the evidence the Detention Center had concerning the violations. Doyle was also given the opportunity to respond in both written and oral format; he admitted the violations and was then terminated. Doyle does not argue that he did not receive notice or opportunity to be heard before his termination, but rather argues the pre-termination process he received was "illusory" because the same person who conducted the original investigation and concluded Doyle had "committed alleged workplace wrongs" -- his supervisor, Mark Bronke -- "was the same person that Plaintiff was suppose [sic] to sit down with and have his dispute resolved by." Resp. to Peoria County MSJ, at 13.
Even though Doyle cites no legal authority to support his "illusory due process" argument, nor does Peoria County respond to it in its Reply brief, it is true that Doyle is entitled to a pre-termination hearing before an impartial decisionmaker. Head v. Chicago School Reform Board of Trustees, 225 F.3d 794, 804 (7th Cir. 2000). However, those serving as adjudicators "are presumed to act in good faith, honestly, and with integrity." Id. (citing Withrow v. Larkin, 421 U.S. 35, 37 (1975).
To overcome this presumption, a plaintiff must come forward with substantial evidence of actual or potential bias, such as evidence of a pecuniary interest in the proceeding, personal animosity toward the plaintiff, or actual prejudgment of the plaintiff's case. Evidence of prior familiarity with the plaintiff or his or her situation, or even of involvement in the particular matter under consideration, is not adequate by itself to overcome the presumption.
Id.; see also Panozzo v. Rhoads, 905 F.2d 135, 140 (7th Cir. 1990) (rev'd on other grounds) ("the plaintiff must overcome the presumption that the decision-maker is '[a person] of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances.'") (quoting Withrow, 421 U.S. at 55).
Under these standards, it is clear that Doyle has not met his burden of overcoming the presumption that Bronke administered the pre-termination process "fairly on the basis of its own circumstances." Id. Doyle has not alleged that Bronke held personal animosity toward him or was otherwise biased against him, let alone produced "substantial evidence" to that effect. Moreover, contrary to Doyle's allegation, the fact that same person both investigated him and conducted his pre-termination hearing does not result in "per se impartiality," automatically rendering that hearing constitutionally infirm. Panozzo, 905 F.2d at 140 (no denial of due process in allowing the same person who brought the charges to preside over hearing); Staple v. City of Milwaukee, 142 F.3d 383, 387 (7th Cir. 1998) (plaintiff "must have some something more than the fact" that employer's official was involved in both the investigation and adjudication of the dispute); see also Duchesne v. Williams, 849 F.2d 1004, 1008 (6th Cir. 1998) (explicitly rejecting argument that due process is violated if the pre-termination hearing is conducted by the individual(s) responsible for initiating the disciplinary action); Brasslett v. Cota, 761 F.2d 827, 836-37 (1st Cir. 1985) (same).
The Court further notes that Doyle, pursuant to his union's collective bargaining agreement, had the benefit of substantial post-deprivation process in the form of multi-step review of Bronke's decision. The first step is an oral complaint from the employee to the employee's immediate supervisor. The second step is to present the written grievance to the Employer's second step representative within five working days of an answer to the first step grievance. A meeting of the Union and Employer representatives is then scheduled with a decision to follow. Within ten days after the decision is issued on the second step, the Union representative can submit the written grievance to the County Administrator and the Chief Judge.
After the Chief Judge, or his representative, issues his decision, the Union has the right to proceed to either arbitration or mediation over the grievance.
After Doyle's employment was terminated, the union filed a grievance, which reached the third step of the procedure outlined above. After a hearing, the Chief Judge's representative issued his decision to uphold Bronke's decision, but Doyle and/or the union declined to pursue arbitration or mediation when the step three grievance was denied. Importantly, "[A] state cannot be held to have violated due process requirements when it made procedural protection available and the plaintiff has simply refused to avail himself of them." Hudson, 374 F.3d at 563.
In total, the undisputed facts establish that Doyle received all the due process to which he is entitled under the Fourteenth Amendment.*fn1 Accordingly, defendant Peoria County is also entitled to Summary Judgment on Doyle's due process claims, Counts IV and V.
III. State Law Retaliatory Discharge
Doyle's only remaining count is a state common law claim of retaliatory discharge. Pursuant to Illinois law, a valid claim for retaliatory discharge requires the employee to establish (1) that he was discharged in retaliation for his activities, and (2) that the discharge violated "a clear mandate of public policy." Callahan v. Edgewater Care & Rehabilitation Center, Inc., --N.E.2d ---, 2007 WL 1932736, at *2 (Ill App. 1st Dist., July 3, 2007). Doyle invokes the public policy in favor of full disclosure to the Illinois Labor Relations Board, as purportedly required by the Board's directives, and Peoria County invokes the public policy in favor of preserving the confidential information of juvenile detainees, as required by the Juvenile Court Act and Probation Officers Act. As a point of clarification, the Court has previously ruled that the retaliatory discharge claim against the Chief Judge has been dismissed as barred by sovereign immunity. See Report and Recommendation, d/e #31, at 10 ("The Illinois Court of Claims has exclusive jurisdiction over claims against the State for 'damages sounding in tort.'") (quoting 705 ILCS 505/8(d)).
The Court declines to exercise supplemental jurisdiction over Doyle's state law retaliatory discharge claim. Title 28 U.S.C. § 1367(c)(3) provides that a district court "may decline to exercise supplemental jurisdiction" over pendent state-law claims if the court has dismissed all claims over which it has jurisdiction. Wright v. Associated Ins. Co. Inc., 29 F.3d 1244, 1250 (7th Cir. 1994) (citing 28 U.S.C. § 1367(c)(3)). A district court should consider and weigh the factors of judicial economy, convenience, fairness and comity in deciding whether to exercise jurisdiction over pendent state-law claims. Id. at 1251 (citing Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988); Timm v. Mead Corp., 32 F.3d 273, 277 (7th Cir. 1994)).
Here, the Court has dismissed Doyle's claims over which the Court had original jurisdiction, and as the Seventh Circuit has repeatedly stated, "it is the well-established law of this circuit that the usual practice is to dismiss without prejudice state supplemental claims whenever all federal claims have been dismissed prior to trial." East-Miller v. Lake County Highway Dep't, 421 F.3d 558, 564-65 (7th Cir. 2005) (quoting Groce v. Eli Lilly & Co., 193 F.3d 496, 501 (7th Cir. 1999); Wright, 29 F.3d at 1250 (same). The Court's above rulings on the federal § 1983 claims have not already ruled upon any issues essential to the retaliatory discharge count, and the Court's resolution of the parties' arguments on this state law claim would likely demand the analysis of competing public policies under Illinois law and regulations, an issue on which the Illinois courts have yet to provide any guidance. See 28 U.S.C. § 1367(c)(1) (permitting courts to decline jurisdiction where state law claim raises novel or complex issue of state law). Last, section 1367(d) tolls the statute of limitations for 30 days after this Court's dismissal of Doyle's supplemental claim, allowing him to re-file his retaliatory discharge claim against Peoria County in state court without it being time-barred. See Williams Elec. Games, Inc. v. Garrity, 479 F.3d 904, 907 (7th Cir.2007). Accordingly, Doyle's claim for retaliatory discharge is dismissed without prejudice.
For the above reasons, the Motion for Summary Judgment by Defendant Chief Judge of the Tenth Judicial Circuit [#46] and the Motion for Summary Judgment by Defendant Peoria County [#45] are GRANTED. The matter is now TERMINATED.
ENTERED this 16th day of August, 2007.
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MSI Radeon HD 3870 512MB OC
Power Consumption Tests
Using our new PROVA Power Analyzer WM-01 or "Power Thingy" as it has become quickly known as to our readers, we are now able to find out what kind of power is being used by our test system and the associated graphics cards installed. Keep in mind; it tests the complete system (minus LCD monitor, which is plugged directly into AC wall socket).
There are a few important notes to remember though; while our maximum power is taken in 3DMark06 at the same exact point, we have seen in particular tests the power being drawn as much as 10% more. We test at the exact same stage every time; therefore tests should be very consistent and accurate.
The other thing to remember is that our test system is bare minimum - only a 7,200RPM SATA-II single hard drive is used without CD ROM or many cooling fans.
So while the system might draw 400 watts in our test system, placing it into your own PC with a number of other items, the draw is going to be higher.
Power draw between the cards sit quite close together at load; the HD 3870s sit about 10 watt below the 9600GT when idle.
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- Page 1 [Introduction]
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- Page 3 [The Card]
- Page 4 [Test System Setup and 3DMark06]
- Page 5 [Benchmarks - PT Boats: Knights of the Sea]
- Page 6 [Benchmarks - CINEBENCH R10]
- Page 7 [Benchmarks - Half Life 2 (Episode Two HDR)]
- Page 8 [Benchmarks - World in Conflict]
- Page 9 [Benchmarks - Enemy Territory: Quake Wars]
- Page 10 [Benchmarks - Crysis]
- Page 11 [Benchmarks - Unreal Tournament 3]
- Page 12 [High Quality AA and AF]
- Page 13 [Benchmarks - 3DMark06 - XP]
- Page 14 [Benchmarks - CINEBENCH R10 - XP]
- Page 15 [Benchmarks - World in Conflict - XP]
- Page 16 [Benchmarks - Unreal Tournament 3 - XP]
- Page 17 [Benchmarks - Half Life 2 (Episode Two HDR) - XP]
- Page 18 [Temperature and Sound Tests]
- Page 19 [Power Consumption Tests]
- Page 20 [Final Thoughts]
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subset: commoncrawl


text:
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Trust French star Marion Cotillard to turn up at Cannes Film Festival looking all effortlessly chic for a lunch hosted by Chopard.
While the likes of Nicole Kidman and Carey Mulligan have been showing off their ultra sleek Riviera style, Cotillard did what she does best at the Cannes event. She showed up in a dress that only she can pull off and shock horror, this strapless number was NOT from Dior (her go-to designer brand... sigh).
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Court of Appeals of Maryland
December 17, 2014
ATTORNEY GRIEVANCE COMMISSION, Petitionerv.ESTHUS CHRISTOPHER AMOS, Respondent
Mary Ellen Barbera, Chief Judge.
The Court having considered the Petition for Disciplinary or Remedial Action and the responses of Bar Counsel and Respondent to the Show Cause Order issued September 29, 2014 filed in the above entitled case, it is this 17th day of December, 2014
ORDERED, by the Court of Appeals of Maryland, a majority of the Court concurring, that Respondent, Esthus Christopher Amos, be, and he is hereby, indefinitely suspended from the practice of law in the State of Maryland pursuant to Rule 16-778(c); and it is further
ORDERED, that the Clerk of this Court shall remove the name of Esthus Christopher Amos from the register of attorneys in this Court and certify that fact to the Client Protection Fund of the Bar of Maryland and all Clerks of all judicial tribunals in this State in accordance with Maryland Rule 16-760(e).
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Here's a great idea that costs nothing and is a great conversation piece for a 50th wedding anniversary party. Make a montage display of the wedding. Include your Mom's wedding dress, treasured original wedding gifts, music from that year, and even a bulletin board that you help them put together of their special milestones.
By kwbren from Yucxaipa, CA
Very thoughtful, creative, and a great way to enjoy some time with your parents, too!
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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decided: August 29, 1983.
Appeal from the Order of the Court of Common Pleas of Westmoreland County in the case of In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of Right of Way for Legislative Route 56677-000 Railroad Spur and Legislative Route 1015, Section D-20, property of Joseph E. Simon and Melva D. Simon, his wife, v. Commonwealth of Pennsylvania, Department of Transportation, No. 762 of 1982.
Walter F. Cameron, Jr., Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.
John N. Scales, Scales, DeRose and Murray, for appellee.
President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.
[ 76 Pa. Commw. Page 581]
The Pennsylvania Department of Transportation (DOT) appeals a Westmoreland County Common Pleas Court order denying its preliminary objections to a petition for the appointment of viewers in a condemnation case. We affirm.
A portion of Joseph Simon's land was condemned under the Pennsylvania Eminent Domain Code*fn1 on September 29, 1976; estimated just compensation was paid on March 11, 1977. On February 1, 1982, Simon petitioned the common pleas court for the appointment of viewers. DOT filed preliminary objections, contending that the petition was barred by the statute of limitations.
Section 524 of the Eminent Domain Code*fn2 (in effect at the time of the taking) set a six-year limitation on petitions for appointment of viewers, the period commencing when the condemnor paid estimated just compensation :
Limitation Period. -- A petition for the appointment of viewers for the assessment of damages for a condemnation or compensable injury may not be filed after the expiration of six years from the date on which the condemnor made payment in accordance with section 407(a) or (b) of [the Eminent Domain Code] where the property or any part thereof has been taken, or from the date of injury where the property has been injured but no part thereof has been taken. If such petition is not filed before the expiration of such period, such payment shall be
[ 76 Pa. Commw. Page 582]
considered to be in full satisfaction of the damages. (Emphasis added.)
Section 524, however, was repealed in 1978, and was replaced by Section 5527(4) of the Judicial Code*fn3 which provides, in part, that:
The following actions and proceedings must be commenced within six years:
(4) A Proceeding in inverse condemnation, if property has been injured but no part thereof has been taken, or if the condemnor has made payment in accordance with section 407(a) or (b) (relating to possession and payment of compensation) of . . . the "Eminent Domain Code." (Emphasis added.)
DOT, arguing that Section 5527(4) of the Judicial Code is limited to proceedings in inverse condemnation, contends that the correct period of limitations in actual condemnation proceedings is found in Section 5527(6)*fn4 of the Judicial Code, which provides a six-year period of limitations in:
(6) Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation).
Although subsections (4) and (6) of Section 5527 both provide for six-year limitation periods, DOT argues that, under subsection (6), the period begins to run from the time of the taking, but not from the payment of estimated just compensation. Thus, DOT continues, under the Judicial Code the applicable statute of limitations has been reduced.*fn5 DOT contends that,
[ 76 Pa. Commw. Page 583]
consequently, the operation of Section 25(a) of the Act of July 9, 1976, P.L. 586, is triggered:
Effect of Judicial Code on Periods of Limitation
(a) Any civil action or proceeding:
(1) the time heretofore limited by statute for the commencement of which is reduced by any provision of [the Judicial Code]. . . may be commenced within one year after the effective date of this act [i.e., June 27, 1978], or within the period heretofore limited by statute, whichever is less. . . . (Emphasis added.)
Applying its thesis to the facts, DOT argues that Simon had only until June 27, 1979 (one year after the effective date of the Judicial Code) to petition for viewers since this is less time than allowed under the repealed Section 524, which would have given Simon until March 11, 1983, to file a petition. Since the argument concludes, Simon did not petition for viewers until February 1, 1982, his action is barred.
We reject DOT's argument. Section 5527(4) applies to inverse condemnations as well as actual takings. Subsection (4), by the language "if the condemnor has made payment in accordance with section 407(a) or (b) . . . of . . . the 'Eminent Domain Code,'" specifically refers to the payment of estimated just compensation in relation to possession of the property by the condemnor. Although not couched in precisely the same terminology as was the repealed Section 524, Section 5527(4) of the Judicial Code was intended to, and did,
[ 76 Pa. Commw. Page 584]
replace that repealed provision. Accordingly, Simon had six years from the payment of estimated just compensation in which to petition the common pleas court for the appointment of viewers. Since Simon filed his petition well within the allotted time, DOT's preliminary objections must be denied.
The Westmoreland County Common Pleas Court order, No. 762 of 1982, dated April 23, 1982, is hereby affirmed.
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Agent-based Models (Quantitative Applications in the Social Sciences v. 153 annotated edition)By: Nigel Gilbert (author)Paperback
1 - 2 weeks availability
DescriptionAimed at readers with minimal experience in computer programming, this brief book provides a theoretical and methodological rationale for using ABM in the social sciences. It goes on to describe some carefully chosen examples from different disciplines, illustrating different approaches to ABM. It concludes with practical advice about how to design and create ABM, a discussion of validation procedures, and some guidelines about publishing articles based on ABM.
Create a review
About AuthorNigel Gilbert read for a first degree in Engineering, intending to go into the computer industry. However, he was lured into sociology and obtained his doctorate on the sociology of scientific knowledge from the University of Cambridge, under the supervision of Michael Mulkay. His research and teaching interests have reflected his continuing interest in both sociology and computer science (and engineering more widely). His main research interests are processual theories of social phenomena, the development of computational sociology and the methodology of computer simulation, especially agent-based modelling. He is Director of the Centre for Research in Social Simulation. He is also Director of the University's Institute of Advanced Studies and responsible for its development as a leading centre for intellectual interchange. He is the author or editor of several textbooks on sociological methods of research and statistics and editor of the Journal of Artificial Societies and Social Simulation.
ContentsSeries Editor's Introduction Preface Acknowledgments 1. The Idea of Agent-Based Modeling 1.1 Agent-Based Modeling 1.2 Some Examples 1.3 The Features of Agent-Based Modeling 1.4 Other Related Modeling Approaches 2. Agents, Environments, and Timescales 2.1 Agents 2.2 Environments 2.3 Randomness 2.4 Time 3. Using Agent-Based Models in Social Science Research 3.1 An Example of Developing an Agent-Based Model 3.2 Verification: Getting Rid of the Bugs 3.3 Validation 3.4 Techniques for Validation 3.5 Summary 4. Designing and Developing Agent-Based Models 4.1 Modeling Toolkits, Libraries, Languages, Frameworks, and Environments 4.2 Using NetLogo to Build Models 4.3 Building the Collectivities Model Step by Step 4.4 Planning an Agent-Based Model Project 4.5 Reporting Agent-Based Model Research 4.6 Summary 5. Advances in Agent-Based Modeling 5.1 Geographical Information Systems 5.2 Learning 5.3 Simulating Language Resources Glossary References Index About the Author
Product Details
- publication date: 12/11/2007
- Format: Paperback
- Number Of Pages: 112
- weight: 54
- edition: annotated edition
Delivery Information
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Domestic car sales ticked up to 1,73,606 units as against 1,73,111 in November last year, according to data released by the Society of Indian Automobile Manufacturers (SIAM).
08 Dec 2016, 11.16 am | Source: PTI
Online wallet companies have declared massive jump in traffic on the back of the ban on high-value currency notes. However, the data released by the Reserve Bank of India (RBI) paints a less buoyant picture, reveals a report in Th...
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"As a new entrant in a cluttered market, we will be happy if we are able to garner eight to 10 percent market share over the next four to five years," CEO of Aditya Birla Health Insurance Mayank Bathwal said.
08 Dec 2016, 9.00 am | Source: PTI
The company, which aims to be a leading player globally in mid-sized motorcycle segment (250-750cc), currently has 25 dealerships across the country.
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The complaint filed collectively by 22 individuals had alleged that the company was misleading the public by collecting money from them by issuing policy/bonds with a promise to pay them the amount on maturity with agreed returns ...
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The partnership will support startups and early-stage women entrepreneurs to join the e-commerce platform for the first time, a statement from Freecharge said.
08 Dec 2016, 8.58 am | Source: PTI
"Uber will be desperate after the China sale. Globally they are losing big… [but in India] the opportunity is immense for Uber to expand," Neil Shah, director at Counterpoint Technology Market Research, said.
08 Dec 2016, 8.51 am | Source: CNBC
Creditors of debt-laden infrastructure developer IVRCL are likely in talks with Essel Infraprojects to sell a controlling stake in the company's listed unit Hindustan Dorr-Oliver (HDO), an article in the Mint says.
08 Dec 2016, 8.35 am | Source: Moneycontrol.com
In a statement, Mistry's office also denied that his sacking was preceded by various attempts to discuss with him.
08 Dec 2016, 7.52 am | Source: PTI
The Indian steel giant offered a number of guarantees to its staff at Port Talbot steelworks in south Wales, the UK's largest steel plant, including a minimum five-year guarantee to keep both furnaces operational at the site.
08 Dec 2016, 7.50 am | Source: PTI
Indian giant Tata Steel today made a 10-year commitment to a one-billion-pound investment plan as part of its crucial talks with steelworkers' unions to save thousands of jobs in the UK.
07 Dec 2016, 9.58 pm | Source: PTI
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07 Dec 2016, 9.52 pm | Source: CNBC-TV18
Public sector banks (PSBs) have written off Rs 1.54 lakh crore of bad loans between April 2013 and June 2016, Parliament was informed today.
07 Dec 2016, 9.52 pm | Source: PTI
The demonetisation drive announced a month ago has significantly affected collections and disbursements of microfinance firms, an industry body said today.
07 Dec 2016, 9.52 pm | Source: PTI
PayTonic, unveiled in Mumbai, enables the lowest rung vendors to accept electronic payments even without a smartphone.
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07 Dec 2016, 9.07 pm | Source: CNBC-TV18
Power regulator CERC has allowed Tata Power and Adani Power to pass through the losses suffered by them due to procuring high price coal from Indonesia to run their power plant.
07 Dec 2016, 8.54 pm | Source: PTI
State-owned Oil and Natural Gas Corp (ONGC) today signed agreements to practically outsource production of oil and gas from its ageing fields in Gujarat and Assam to international service providers Schlumberger and Halliburton...
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07 Dec 2016, 8.54 pm | Source: PTI
Following Reliance Jio's extension of free services till March, telecom operator Vodafone today started offering double 4G data usage under existing schemes priced above Rs 255, thereby reducing prices by 50 per cent.
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text:
Stacking a Buttercream Wedding Cake
You May Also Be Interested In
Comments (14)
Johnschrock on
Great Tutorial!!! Do you freeze or chill your cakes prior to stacking?
katazyna on
This was super helpful ! thank you so much
cakedecofun on
You are such an awesome cake artist and you are so generous to share your talent. Thanks.
julia1812 on
"This video contains content from WMG, who has blocked it in your country on copyright grounds."
wickster72 on
"This video contains content from WMG, who has blocked it in your country on copyright grounds
It is not working
kareelynn on
video blocked in USA :(
so sad would love to view this.
LeanneW on
@veghed @kareelynn @wickster72 @julia1812
Please see an updated tutorial for staking buttercream wedding cakes. Sorry for the confusion. Leanne
kareelynn on
Yay! Thank you Leanne.
wickster72 on
Thank you, Leanne!
DormCat on
Really enjoyed this tutorial.
I am fairly new to cake decorating so I really appreciate you sharing your knowledge
rollingstone on
Thank you so much for sharing your knowledge with us! You are awesome!
theberryqueen_56 on
Oh...I liked all about this video except chef's statement that a center dowel is "unnecessary" and the foam boards. Maybe he does not have any hills in his town. I have made wedding cakes for 21 years and lost one because the center dowel was not securely "anchored" in the bottom foam board. What a horrifying disaster. I refunded the bride's money plus gave her 2 free gigantic sheet cakes and still she hasn't spoken to me since. Stick with the home made bases (6 cardboard bases stacked cross grain covered in foil) and the finish dowels going through the cakes on either side of center firmly secured in the cake base.
DianeGriswold1956 on
Thank you, great tutorial. Learned a few new tips.
Login To Leave A Comment


text:
I'm 19
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text:
Rated 4.8 out of 5 by 13 reviewers.
Rated 5 out of 5 by inyourpocket11 *love heart eyes emoji* Only just started drinking this and the effects have been fantastic, wonderful for digestion and the immune system, it relaxes me and I actually have slept better from drinking this. Becomes my top drink straight after a meal. I love it!!!. 21 March 2016
Rated 5 out of 5 by Vero4066 Lovely tea Great flavour. Like it, recommend it and will buy it again. 03 February 2014
Rated 5 out of 5 by Carla7 Great product I looked for a different combination of tea and it was found in this product. The taste is great. The product is a good quality and a really good price. 28 January 2014
Rated 5 out of 5 by DeanDDS tasty & natural Very tasty, aromatic and natural - recommend it 100% ! 25 December 2013
Rated 5 out of 5 by mearcat83 Excellent tasting tea I have tried so many different tea's, and this is by far the nicest tasting one yet!! I have a bit of a sweet tooth so green tea's and such like can be an acquired taste, but this tea has just enough sweetness too it without the nasty after taste. So if your looking to try something new, give this a go, its lovely. 22 November 2013
Rated 5 out of 5 by natashah excellent excellent value, taste & packaging. will buy again! 30 October 2013
Rated 5 out of 5 by myrajune I couldn't get this locally. I am delighted Quality, accessible, tasty and good for me. I can't ask for more. 16 September 2013
Rated 5 out of 5 by Bobby911 Lovely flavour Great flavour to this tea, so easy to drink all day. Not bitter like green tea. 20 June 2013


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Queenite's Castle
Posted by agata August 7, 2014
Posted in Objects, Vue | Bryce | Hexagon
Queenite's Castle, a gift from a queen to her favorite courtier. A rendezvous. A mute witness to their blossoming love and a burial ground for ill-fated lovers who eventually failed to escape the King's ire. Now before you is a fully-textured Bryce object with some interesting details.
Queenite's Castle (OBP)
Finely detailed, fully-textured model


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Keep the Castle Gameplay Tips and Strategies
- App name: Keep the Castle
- Developer: Laurie Neat
- Genre: Arcade
- Release: Feb 18, 2015
Let's play Keep the Castle on iOS. In this part of the walkthrough, you will learn more tips and tricks while playing the Keep the Castle game on the iPhone.
Gameplay Walkthrough
This page contains Keep the Castle video walkthroughs for iOS (iPhone/iPad) called "keep of the castle" and has been uploaded on Admin official channel at May 24, 2015.
Still need help with this level? Here you can ask questions and discuss with other Keep the Castle users.
Hit like if this helped you!
Stuck on some levels in Keep the Castle? This walkthrough can help you finish the game.


text: Gediminas Pranckevicius Posted by: Dark Beauty , June 24, 2011 Wonderful works by Lithuanian artist, Gediminas Pranckevicius; the winner of the NVArt 4 Surreal contest. Visit Gediminas' website to see more, or visit NVArt 4 Surreal contest page to view work by other winners. Time ◄ Back Next ► Picture 1 of 8 You May Also Like:Reiko GrossMark Ryden, Transcending SurrealityThe Devil Is in The Details – Anton SemenovCarrie of Passion and WoeDark, Wicked Worlds of Xueguo YangNekro – A Digital VirtuosoVisions of Vincent HuiNadine Debien, Larger Than LifeWinter Is ComingIrma Gruenholz's Plastilina Realms Comments comments Share! Tweet Dark Beauty About the author


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|Viewing Single Post From: SC interview
|Aug 15 2008, 07:23 PM
Thank you! In a month from now Daniel could be revealed as a male stripper/escort from back in the day to pay for medical school, and I'm sure people would pull out the "whore" card.
Hardy har har.
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A Good Deal: No Evil 022
Round up4.28 / 5.00 2,622 Views
Park Bench
A short film about a park bench4.16 / 5.00 2,075 Views
frog thing
frogggsgsgs3.79 / 5.00 2,405 Views
very nice!
the mouths are perfect O_O and nicely done i like it!
Good animation but i hate neji hyuga......
what the heck!!
how come no one is cheering for naruto i mean they could at least have cheered to be nice, hinata shuld've been there now naruto probably feels bad because nobody cheered! and what about sakura, she knows she likes him more than sasuke why doesn't she realize that!!!! she makes me mad!!!
(nothing to say)
its good
its good but it could have been better at the moment you used sprites or drawd it cus then you could do more moves


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Atlas Cafe and Bakery
73 Second Ave (at 4th St, Manhattan), New York City, New York, USA, 10003
Serves meat, vegan options available. Veg suitable food items include vegan versions of Moroccan specialties, crepes, sandwiches, and desserts. Try the mockchicken sandwich. Breakfast all day. Open Mon-Sun 12:00am-12:00am, Mon-Sun 7:00am-12:00am.
Category: Vegan-friendly, Lacto, Ovo, American, Juice bar, Take-out, Bakery, Non-veg
Reviews (25)First Review by Upliftance
A must - Edit
I always visit Atlas Café when I'm in New York. The vegan pastries and softserve are to die for. I especially recommand the Boston cream doughnuts.
Pros: Mind-blowing vegan pastries, Vegan softserve, Open late
loved it for lunch! - Edit
Cozy restaurant with great vegan food and non vegan. I had the Mexican tofu scramble and added spinach. It was great. They have vegan shakes that my non vegan 11 year old loved. Also, every desert they have is vegan. They had some really unique options, like vegan cannoli and the vegan equivalent of a hostess Suzy Q. Great for lunch. Not sure id choose it for dinner among the many great vegan friendly dinner places in NYC.
Phenomenal Selection - Edit
So you walk by and see a lot of people sitting inside or a crowded jumble of people sitting outside, so you keep walking on by this establishment. Bad idea, vegans who don't mind when there is non-vegan food on the menu. This place is great for vegans and has a hundred choices for vegans (probably, quite literally!). Know what you want to order before you step up to the counter, if you're new, the regulars will be a bit fussy with you in that NY style of "I have some place to be, don't you?"
On the wall to the right when you walk in, you will see a black chalkboard with moon glow fluorescent writing that tells you what's vegan and what isn't. Others are correct in the number of choices being quite overwhelming. Everything I have had is delicious, but I admit that the Aritchoke Chicken vegan crepe is probably my favorite savory dish because I can not order vegan crepes anywhere else that I can think of this side of paradise! It comes with some mesclun salad, and it's worth it. Oh yes!
Other delicious choices include Moroccan Ginger Chicken Vegan Salad or the Vegan Moroccan Chicken Wrap. So good - I think the chicken analogue is Gardein or maybe maybe maybe Mei Wah, but don't quote me on it. Gardein is more likely. Still, it's the blend of spices that make the food so good!
They also have vegan brekkie like pancakes and scramble and all day, too! Get some vegan cream cheese on your bagel, order oatmeal, don't forget a latte with soy or rice or almond milk or get a smoothie or juice! This place is amazingly vegan friendly, you will want one of every category of vegan goodness.
Finally, but probably first and foremost for many, like myself: V-e-g-a-n T-r-e-a-t-s. YES. OHmigosh, YES. They have the best selection in NYC for these infamous desserts of vegan lore. Go here just for those choices, then leave with an extra whoopee pie, cheesecake slice, brownie or cupcake… Ohmigosh, it's heaven. Awesomeness is an understatement.
Oh, and they make vegan soft serve with a tofu base! Add in some fruit or cookie crumbles, and it's probably a pretty tasty treat if you like soft serve -and, what vegan who likes ice cream will be unhappy about this option??? I love it. It's incredible to have the choice - not as tasty as some other vegan ice cream, but pretty darned good.
Love this place. Super affordable, and they used to accept only cash, but credit cards allow you to rack it up and get closer to one of everything vegan!
Pros: Vegan Treats, Vegan Crepes, Soy, almond and rice milks
Cons: Too many choices, Small space, Not 100% vegan
Must stop here for dessert whenever I pass by - Edit
I love Atlas Cafe. Their panini type vegan sandwiches are to die for, especially the Vegan Chicken Artichoke. This place is veg friendly, so just be careful - once, we forgot the place wasn't all vegan and we accidentally ordered a real chicken sandwich. Whoops! But that was totally our fault because everything is well labeled. Just don't forget like we did!
They have a wide variety of food and beverages to enjoy, like vegan crepes, vegan cappuccino, and vegan oreo milkshakes. They also have a wide variety of cakes from Vegan Treats in their display case. You can buy a whole cake for about $50 or $60 from them if you want to. They have peanut butter bomb, cheesecakes, and oreo cake pretty regularly. They also have seasonal treats from Vegan Treats. Last time I got a vegan cinnabon, which was really delicious. They also have homemade vegan pastries. If you don't want vegan, they have some regular treats as well.
The last time I visited, however, which was 1/31/14, there was a new handwritten sign that said "cash only." I hope this isn't permanent!
Pros: Wide variety, Rare, hard to find treats, Delicious food
Atlas Café - Edit
Went to Atlas Café for dinner with my omnivore family, and got a sandwich and a green juice. The sandwich had a good taste, but it was made with white bread and served with potato chips, so if you are looking for a place to buy fast food, this will be a good place to go, but the food is not of the healthy kind.
We also tried some oreo soy frozen yogurt and a piece of vegan peanut butter chocolate cake, which was pretty good.
It looked like there were some few sprinkles in the frozen yogurt, so I'm a bit worried they don't seperate the vegan froyo from the non-vegan, but anyway, the flavour of it was great, and so was that of the dreamy pb chocolate cake.
The café was pretty small but cozy and was all covered with blackboards with menu items on them which made the place even nicer, and didn't seem too crowded.
Pros: Amazing desserts, Cozy, Has a LOT of vegan items
Cons: Food was a bit greasy, Not sure if they seperate veg/nonveg
reliable breakfast spot in the East Village - Edit
I always end up having breakfast here when I'm in NYC. They do great Huevos Mexicanos and a vegan Tofu verison. Cakes are so-so, coffee is good but no free refill like more traditional diners in midtown. Smoothie was nice as well. I guess its a no frills place but I like the big vegan and veggie rahge and everything is cooked to order. If you want fancy decor or nice bathroom maybe go somewhere else but if you just want a huge menu full of veggie items without having to spend too much I highly recommend it. Its also staggering distance from the local gay bar, The Boiler Room (across the street) so you can nip across here for a healthy snack when it all gets a bit much in teh bar!
Pros: cheap, reliable, good vegan range
Cons: no frills , toilet isnt the best, no coffee refill
Atlas Cafe and Bakery - Edit
Admittedly, I went here for the Vegan Treats (from Bethlehem, PA), they had a lot of them. The cafe is quite small and not very fancy - luckily the weather was perfect, so the outside seating was quite wonderful. We ordered the peanut butter bomb and the mint bomb. While I'm a huge fan of the PB bomb, I felt that the mint bomb wasn't great and would never order it again. We also saw some of the sandwiches coming out of Atlas while we were eating our cakes and I was wishing I was more hungry to eat one, they looked really good. Having said all of that, I think Atlas is a great place for lunch or dessert, so give it a try.
Contributions +22
Overwhelming...but not bad! - Edit
When first entering into this small cafe I was greeted by menus/food listings on every wall - from the ceiling to table level. There are non-veg and vegan dishes available so I had to look carefully. The guy behind the counter tried to rush me at first but once he saw I was quite overwhelmed by all of the menus he became quite helpful. I ordered the super vegan combo which consists of soup, half-sandwhich, and cake. When I told him I wanted the vegan "chicken" artichoke sandwich (that's a bold choice for me, I prefer veggies) he made sure that the cook knew I wanted a vegan sandwich (since they do offer a real chicken option). He also helped me choose a vegan soup and sandwich. I didn't catch the guy's name but I appreciated his patience. Despite it's small interior, overwhelming menu selections, and mainly outdoor seating (there is some seating inside) it seems really busy but service was pretty quick. I'll definitely be visiting the Atlas Cafe again during my stay here in NYC.
Pros: Quick service, Initially intimidating but helpful staff, Vegan options
Cons: Non-vegan options - poss. contamination?, Overwhelming menus, Small seating area
Big vegan selection - Edit
Don't expect restaurant standards or service, this is just a sandwich bar. But they do a large selection of vegan stuff so if you're after a bagel with vegan cream cheese and bacon and you're nearby then it's worth a visit
Pros: Big vegan selection
Cons: Not totally veg/vegan, Uninterested staff
Not vegetarian, but a LOT of great vegan food - Edit
Atlas is a very small and cozy cafe in the East Village. (In the Summer it's less crowded due to the outdoor seating.) The menu is about half meat dishes and half vegetarian dishes. It is an ideal place to bring a carnivorous family member or friend as you'll both be happy. The dishes feature a lot of sandwiches & wraps, though they have pasta and other dishes as well. It's one of the very few places to get vegan milk shakes and hot chocolate in NYC. Their vegan dessert options are extensive, although they all come from Vegan Treats (not personally a fan of their stuff--but I'm a minority in this regard). Staff is friendly as well. All in all, a very nice place.
Pros: Lots of vegan food, Good location, Cozy
Cons: Small, not vegetarian, bathroom--small & not easily accessible
Dessert and Coffee - Edit
We stopped here just from dessert and coffee. When we walked in the menu was so extensive we both wish we hadn't eaten before we got there. We got dessert and it was incredible good but I would definitely go back again to try some of the other amazing items they have to offer. My only complaint about the place is that it was very cold in there, we were there on one of the coldest days of the year, I just wish it had been a bit warmer inside the cafe. When we go back it will probably be in the spring time
Just go for the Vegan Treats - Edit
If you want good vegan pies and cakes this is your place. They have the greatest stuff from vegan treats, especially the donuts that come in on tuesday.
Nicely located at what I percieve to be the entrance to Manhattan this is a great place to start your NYC vegan feast frenzy.
I never tried the other food they have, but who cares really.
A must for the vegan feasting holiday
Pros: vegan treats, vegan treats, vegan treats
they have almond milk!!! - Edit
atlas cafe is really good place to go with another vegan/vegetarian or meat eater. they have a good size menu with plenty of meat and non-meat options. unlike most cafe's that only have soy milk they have almond milk too which is so good in their hot chocolate. it's quite small with only like 5 tables but when the weather warms up you can sit outside and people watch on 2nd ave. always a friendly staff.
all about the Vegan Treats - Edit
We went after Candle 79 to get dessert. We met friends who also ordered a late dinner. Their food was mediocre, ravioli came with some jarred tomato sauce. The place is so cramped, even if it's not that busy.
But we came for our Vegan Treats cake which was killer and awesome. But Vegan Treats from Philly delivers at least once a week to various places in NYC. So call them and they'll tell you where to get their awesome cakes. The Coconut Cake! The Peanut Butter cheesecake is beyond belief!
Pros: dessert
Cons: the environment
Our favourite cafe - Edit
My boyfriend and I made this a regular place for brunch during our recent trip to New York. The place is a bit small and always busy, but the food is to die for so it's well worth it. We loved the bagel with veggie bacon, tofu cream cheese and salad. I tried both the sweet vegan crepe and one of the savoury vegan chicken crepes and both were delicious. Had a red velvet vegan cupcake and that was nice too. Some of the cakes looked incredible so I wish I'd had saved room to try them. We were travelling with omnivores and found this to be a great place as it's not exclusively vegetarian so there's something for everyone.
Pros: good food, caters for everyone
Cons: cafe is too small, can get cramped
I LOVE ATLAS - Edit
A friend and I went to NYC over the summer and went to Atlas 3 times within the 5 days we were there. They are awesome and gave us free food. Love them. We will definitely be back!
Rude and uncaring - Edit
I decided to visit this place with a friend at around midday on a Monday for lunch. There was a huge que and we couldnt actually see the menu or what was on offer until we got to the counter so we just had to hope it would be suitable. Both of our first and one of our second choices had already run out - however we did find things suitable to order. We also ordered the vegan soft serve and a cup cake to take away.
They seemed very rude as when we asked for a box or container for the cupcake they said that we couldnt have one unless our order was over $10 - we explained that our order was over $10 and they said that we had to buy a cake that was over $10 - obviously non of their cakes were over $10 - they said that if we wanted one the containers were $2 - so we decided not to bother with the cupcake!
The vegan soft serve had a strange after taste - we let 3 other people on the next table try it and nobody found it edible!
I think Atlas cafe is ok if you want to appear trendy but else I would suggest the Whole foods that is a few blocks up for better tasting food and nicer service.
Pros: Some vegan food
Cons: Rude, Over priced, Bad Service
atlas- blacklisted! - Edit
atlas cafe. really. i liked the place. it curbed recent hunger pangs for a meat-like chew. and was always there for my cake face-stuffing needs. but this all came to a brief hault on wednesday night.
i had not eaten the day before..after running 20 hours on fumes of past food particles in me tum, i ran to atlas for the usual Vegan morocanm chicken wrap. my favourite. i sat down and took an enourmous bite. but something seemed a bit off. that heavily textured chew was not present and my teeth new the meat was meat. chicken meat to be exact. maybe i was acting a little crazy since i was so famished. maybe its because i had a prior incident at Salsa Salsa in port jefferson. but i brought the meat in question to the counter and explained.. "i think this is chicken. am i wrong or is this chicken? it looks like chicken to me." the guy looked at it looked at me and said.. yep chicken. I LOST IT.
i have not ingested animal flesh in quite some time and now i had pieces inside of me. i tried to remain calm,even though my nerves were already shakey from hunger.. but i said.. "youre calmly saying yes thats chicken? shoudlnt that matter?" the othe rman behind the counter let out a smirk and i started squalking like the very chicken inside of me.
its one thing to be in a kitchen and make a mistake.. even if they serve vegan food and should check what they are sending out..if they actually care about their customers. i know doubt that. but to add insult to it, i didnt enjoy someone smirking and i was upset. they didnt say sorry. they didnt offer anything free. i demanded my money back. i would have left but i go there pretty often. but nothing. after more yelling and appologizing at some point, i made them give me a free sandwich and ate it. talked to some lovely 19 year olds who sympathized and left. NEVER TO GO THERE AGAIN. i will not eat food from cross contaminated kitchens. i dont want meat in my food. if i did id have my momma cook it.
as good as the desserts are.. and as late as theyre open for a food fix at night. the service is crap unless badu is working. otherwise those dont care about anyones food choices. the place is there to make money off of vegans.. who could really trust a vegan/meat place anyway?
Pros: delicious desserts, badu is nice, regulars are friendly
Cons: poor service, mean staff, no compassion, not sorry
small,always crowded,too much mock, but worth it - Edit
lot of vegan desserts but little carob.
overly crowded as line up builds inside tiny space where people eat. great location.
Cramped - Edit
This is a small place with deli style counter service. I found it to be uncomfortably cramped and hectic with a long line and the staff making you feel rushed to order. I found the food mediocre, however I didn't try the sweets, which seems to be what they are known for.
Pros: Large menu
Cons: Small room
Big vegan selection of desserts - Edit
Atlas has a huge selection of vegan desserts, pastries and donuts (though the donuts sell out almost immediately when they arrive on Tuesdays, so go early, as I learned the hard way). Their chocolate cake was decent, but a bit bland. Service is friendly and the location is nice, though, with outside seating.
Pros: Ambience, Selection
Cons: Not 100% vegan/vegetarian, Out of stock donuts
service is terrible - Edit
but the chicken salad sandwhich is great with some avocado in it MMH! outside seating is nice too and a ton of vegan desserts. but i feel so pressured to order really REALLY fast, right away as soon as i'm up at the counter, it's almost scary. worth checking out though.
Pros: vegan desserts, outdoor seating
Cons: staff
DON'T try the tofu soft serve - Edit
I know that because, as a vegan, you haven't had soft serve since you became vegan (in my 23 years I've never found another, though in Rome, Italy they have superb vegan chocolate, hazlenut & fruit gelato), so you might be tempted anyway. But now you'll have been warned.
The soft serve was overly sweet, granular & lumpy. There was nothing natural about it. It tasted like those life-saver shaped candies you eat off an elastic necklace when you're 7, except imagine eating the whole necklace in one go. That's how you'd feel.
We went expressly for the soft serve because we don't usually eat at mixed restaurants if we can help it, so I can't say anything else about any of the other food. I thought the place looked cute & cozy with an interesting mix of people (not all newbie trendmonger vegan hipsters).
satisfy your sugar cravings HERE! - Edit
Open late, so Atlas is the perfect spot for after dinner or after whatever sugar fixes! Every gorgeous baked item on display is vegan - so, marvel first at the selection before honing in on what you really, really want! The chocolate peanut butter bomb is too, too good. Nice selection of tea and coffee too, friendly service.
Pros: CHOICES!!!
Cons: Not open 24/7!
Awesome - Edit
Great vegan cheesecake and chicken wrap.
Pros: good food
Cons: not 100% vegan, small dining area
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