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Installing Lotus Quickr on a single server Windows® system
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Michael Stewart
September 14, 2010
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You can install a single server running IBM® Lotus® Quickr™ for WebSphere Portal, which results in a fully secured, production-ready server.
You can install a single server running IBM® Lotus® Quickr™ for WebSphere Portal, which results in a fully secured, production-ready server.
Make sure that the system on which you are installing meets the supported hardware and software requirements for the product.
When performing the installation, use a user ID that has administrator authority.
If you are using a firewall on the system where you are installing, disable the firewall while you perform the installation. If you do not disable the firewall then it could display a warning message during the installation. If a firewall is enabled and the warning messages are not promptly attended to, the installation may fail. Some software firewall configurations may cause the installation to fail without first warning and without prompting to request access, so its recommended that you disable any software firewalls before running the installation.
If you have antivirus software running, temporarily disable it before performing the installation. The antivirus software may interfere with the installation and cause it to fail by obtaining exclusive locks on files during its scans.
Each server running Lotus Quickr is installed as a node in a cell. The cell is a way of organizing one or more nodes and in some cases can be used to centralize the administration of nodes.
1. Start the installation program.
Use the Setup disc
If you have the Setup disc, insert it into the CD drive. The installation program automatically starts when you insert the Setup disc. If the autostart function is disabled, use the install.bat command from the root directory of the CD.
Access the downloaded product code
If you downloaded the product code, extract all of the files and use the install.bat command from the root directory of the product download.
2. Select the language for the installation and click
. The welcome page is displayed.
Be sure to conform to the conventions of your operating system when specifying directory locations, file names, and so on.
3. If you want to view the information center for Lotus Quickr, click
Launch Information Center
to open it in a browser. Otherwise, click
to continue.
4. Select
I accept both the IBM and the non-IBM terms
. Click
5. Select
Single Server
, and click
6. Select the database management system system. If DB2® is selected, a new instance of DB2 will be installed on the machine where the installation is run. After the initial installation, you can transfer to a remote DB2 instance, see
Transferring to a remote DB2 database
. If Oracle is selected, ensure that there's an existing instance of Oracle already configured. Enter the following information is required to connect to your existing Oracle instance and initialize it for use with Lotus Quickr:
Host Name
: indicates the name of the host where Oracle is installed.
Port Number
: the port on the Oracle machine (default: 1521).
DBA User
: indicates the Oracle DBA account user id (default: system).
DBA Password
: indicates the Oracle DBA account password.
DB Name
: indicates the database name (SID) of the Oracle instance.
JDBC Driver Path
: indicates the location of the Oracle JDBC library (ojdbc14.jar).
7. Specify the directory where you want to install Lotus Quickr, and click
. If the directory that you specify does not exist, it is created.
8. Specify the following server information and click
Specify the name that you want to use to identify this node in the cell. Typically, this value is the same as the host name for the computer. Note that the node name must be unique among other node names in the same cell.
The fully qualified host name of the computer that is running the server.
9. Enter the user ID and password to access Lotus Quickr and its supporting infrastructure services with administrator authority. Do not use spaces in either the user ID or the password, and ensure that the password is at least five characters in length. Click
To streamline the installation process, the installation program uses this user ID and password to configure Lotus Quickr and all of its related services. This does not mean that a single user ID and password are used, but rather that the same user ID and password are used in several places to configure required services. If you do not want to continue using this user ID and password for Lotus Quickr and its related services, you can change these values after installation.
The Single Server installation uses this user ID, along with the password you enter on this panel, to configure DB2 and create an account on the local system. If you prefer to use an existing user ID or simply do not want to use this user ID for your database, see
Changing passwords used by Lotus Quickr
after installation.
Lotus Quickr provides a fully secured environment immediately upon installation, and the strength of that security starts with the password that you select during installation. Avoid a password that is the same as the user ID, and create a strong password by making it lengthy, combining letters and numbers (both uppercase and lowercase), and avoiding spaces or words found in a dictionary.
Because this password is used to create an account on the local system, make sure that the password that you enter conforms to any character and length policies that are used by your organization.
Permitted characters:
When entering the user ID and password, you can use characters a-z, A-Z, period (.), hyphen (-), and underscore (_). You can also use DBCS characters in the user ID, though not in the password. See
Special characters in user IDs and passwords
for more information about acceptable special characters.
10. Select whether you want to run Lotus Quickr as services, and click
11. Verify the components to be installed, and click
After the installation is underway, use the progress indicators and the process monitoring facilities of your operating system to monitor the overall progress of the installation.
12. When the installation is complete, a confirmation page is displayed.
Before you click
, note the following information.
The fully qualified URL to access Lotus Quickr is displayed, with the port number on which Lotus Quickr receives requests. Make a note of the URL, particularly the port number specified in the URL.
The First Steps utility provides an easy way to log in to Lotus Quickr or access the product documentation. If you want to start First Steps automatically after you close the installation program, ensure that
Launch First Steps
is selected.
If you already know that you want to configure Lotus Quickr to use a different database or an LDAP directory, select
Launch Advanced Configuration Wizard
to continue with that configuration after you close the installation program.
13. Click
After the installation is complete, enable SSL on the login only to fully secure the login request with credentials. This step is necessary to prevent someone from stealing a users credentials. For more information see
Configuring login SSL
Parent topic:
Installing on a Windows system: qp85
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Sep 14, 2010 10:53:38 AM
Michael Stewart
Sep 14, 2010 10:52:42 AM
Michael Stewart
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Jun 24, 2010 1:51:00 AM
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Using LMHOSTS to Locate Multiple Preferred Logon Servers
This article was previously published under Q192064
This article has been archived. It is offered "as is" and will no longer be updated.
When a Windows NT 4.0 computer starts up, it normally queries WINS tolocate domain controllers that it can log on to. WINS does not have anyawareness of geographical locations of domain controllers, so, if a distantor low-bandwidth domain controller is selected, boot and logon times can beslow.
The starting computer queries WINS for the domain[1C] name list. WINSreturns a list of domain controllers, and the computer sends a datagram toeach of them (as well as a subnet broadcast for any domain controllers thathappen to be on the same subnet). The first DC to respond is chosen as theone to use for logging on.
NetBT has been modified to support multiple domain controller entries inthe LMHOSTS file. Entries can be added to specify preferred domaincontrollers to use when logging on. Entries must appear as shown here:
To take advantage of this new feature, LMHOSTS lookups must be enabled. Toenable LMHOSTS lookup, go to Control Panel->Network->Protocols->TCP/IP->properties->WINS addresses, and select the "Enable LMHOSTS Lookup"checkbox.
=== 10.1.1.1 example1 #PRE #DOM:mydomain 10.1.1.2 example2 #PRE #DOM:mydomain ===
With the above LMHOSTS file entries, a computer would attempt to use the IPaddresses 10.1.1.1 and 10.1.1.2 to log on to the domain called mydomain.
To resolve this problem, obtain the latest service pack for Windows NT 4.0 or Windows NT Server 4.0, Terminal Server Edition. For additional information, click the following article number to view the article in theMicrosoft Knowledge Base:
152734 How to Obtain the Latest Windows NT 4.0 Service Pack
Microsoft has confirmed that this is a problem in Windows NT 4.0 and Windows NT Server 4.0, Terminal Server Edition. This problem was first corrected in Windows NT 4.0 Service Pack 4.0 and Windows NT Server 4.0, Terminal Server Edition Service Pack 4.
Article ID: 192064 - Last Review: 12/05/2015 09:12:46 - Revision: 2.2
Microsoft Windows NT Server 4.0, Terminal Server Edition, Microsoft Windows NT Workstation 4.0 Developer Edition, Microsoft Windows NT Server 4.0 Standard Edition
- kbnosurvey kbarchive kbhotfixserver kbqfe kbbug kbfix kbqfe KB192064

subset: commoncrawl


text:
In the spring of 2015 WE – Marietta City Schools – were the Winners!!!! We beat out Cobb County Schools, WellStar Health Systems, and many other businesses and organizations. Within MCS the PLC was the winning location and Oscar Bennett the highest performing individual - we will want their trophies back…in order to add the next winners names to the plaque (they will have to earn them again…if they can)!
For those of you that were a part of the process back then here's your chance for redemption!
For those of you that did not participate – or are new and have no idea what I am talking about – here's your chance to help your building or facility bring home that "Golden Sneaker" – and bragging rights!
Attached is a flier with general information and more importantly also a "How-to-Guide" to get you signed up!
In general, this is a fun opportunity to help motivate you and your co-workers to get, or keep, moving! And it is not just for walkers or those hard core exercise enthusiasts. There are 80 different 'activities' – including such things as: cleaning, child care, CrossFit, jumping rope, motor cross, surfing, vacuuming, yard work, Zumba – you name it they have it (or we can request it added).
In addition to the obvious health benefits of movement the Walk Cobb organization has weekly drawings – we had several winners – including at least one Fit Bit Winner here in MCS. We are also looking at providing some incentives to the MCS Group participants and we encourage each building to come up with their own incentives (some suggestions will follow).


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Martha's Sewing Room
CORDED PIPINGSeries Website »
Episode Guide »
Applying corded piping on a laptop bag, creating a chatelaine and hand embroidered backstitch rose.
CommentsShare your thoughts, questions, and comments on "Martha's Sewing Room" here.
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text:
Listen to the Show
Steven Clark, head of D23Expo; Listener emails, contest winner & More
Hello and welcome to The WDW Radio Show – Your Walt Disney World Information Station. I am your host, Lou Mongello and this is show #134 for the week of August 30, 2009. Thank you for tuning in once again.
With what is looking to be an historic event for the Disney Company, and more importantly, for Disney enthusiasts worldwide, the D23 Expo is going to have something for everyone, including a few surprises I'm sure. Joining me this week to discuss the event, and possibly even hint at what some of those surprises might be, is Steven Clark, the head of Disney's D23 community for Disney fans.
I'll answer more of your listener emails this week, including questions about celebrating in Walt Disney World, discounts, kids clubs, the Disney Dining Plan as well as the Food & Wine Festival and so much more.
I'll announce the winner of last week's Walt Disney World Trivia contest before playing more of your voicemails at the end of the show, so sit back, relax, and enjoy this week's episode of the WDW Radio Show.
You can email the show or call the voicemail TOLL FREE at 888-703-2171.
Thanks for listening! Be sure to tune in next week!
Talk about the show by visiting and posting in the WDW Radio Show message forums
Thanks for listening! Be sure to tune in next week!
Click Here to Talk About This Week's Show in the Forums
My WDW Memories Book by Lisette Guerra
Find out how to apply to the 2010 Disney World Mom's Panel
The Fantasyland Audio Guide to Walt Disney World
is NOW AVAILABLE for instant download and on CD!
Visit the WDW Radio Shop for more information or to order!
Come join the WDW Radio Show Fan Page on Facebook!
Be sure to watch the latest WDW Radio Videos from Walt Disney World!
Please come and join us for an upcoming
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Upcoming Dates:
Purchase siged copies of Lou's Walt Disney World Trivia Books and Audio Guides to Walt Disney World in the WDW Radio Store
Podcast: Play in new window | Download
Subscribe: iTunes | Android | RSS
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One Response to "Show #134 – August 30, 2009"
We must hear Beci sing! I know this podcast is very old, but I do hope you read this Lou :0)


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Contact: Neal Fenster
Email: firstname.lastname@example.com
Phone: 1-800-467-3737
Web: www.enterprisemed.com


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Manning & Napier, Inc., an independent investment management company, provides a range of investment solutions through separately managed accounts, mutual funds, and collective investment trust funds, as well as various consultative services. The company offers equity, fixed income and alternative strategies, as well as a range of blended asset portfolios, such as life cycle funds. The company serves a diversified client base of high net worth individuals and institutions, including 401(k) plans, pension plans, Taft-Hartley plans (Taft-Hartley), endowments and foundations. The company offers its investment management capabilities primarily through direct sales to high net worth individuals and institutions, as well as through third-party intermediaries, platforms and institutional investment consultants. Products and Services The company manages various equity, fixed income, alternative and blended asset strategies, using primarily traditional asset classes such as stocks and bonds. These strategies include a mix of the different vehicles, including separate accounts, mutual funds, and collective investment trusts. Three main elements of its investment process help to keep the company focused on that goal: Team-Based Research: The company's analysts and economists work together to understand market opportunities from both a broad, macro level and a more detailed industry and company level. This combination of both 'top-down' and 'bottom-up' research allows the company to identify trends, themes and company specific investment opportunities across the globe. Focus on Absolute Returns: The company is focused on helping its clients avoid permanent loss of capital over their time horizon, which is different than day-to-day volatility, which could in fact present opportunities. Flexibility to be Benchmark Agnostic: The flexibility to invest across sectors, countries and asset classes allows the company to focus on companies the company view as having greater upside potential than downside risk, and allows the company to have a broad enough opportunity set to freely navigate away from areas of excess or speculation without limiting the number of investment opportunities. Sales and Distribution The company distributes its products and services through direct sales to high net worth individuals, middle market institutions and larger institutional clients that are working with consultants. Strategy The company's strategy includes the following: maintain a strong, team-based research engine; enhance distribution; innovative product development; and enhanced consultative services. Regulations Manning & Napier Advisors, LLC and Exeter Advisors I, LLC are registered with the U.S. Securities and Exchange Commission, or SEC, as investment advisers under the U.S. Investment Advisers Act of 1940, as amended, (the Advisers Act). The company is a fiduciary under the Employee Retirement Income Security Act of 1974, as amended, or ERISA, with respect to assets that the company manages for benefit plan clients subject to ERISA. History Manning & Napier, Inc. was founded in 1970.
manning & napier inc (MN:New York)
Contact Info
290 Woodcliff Drive
Fairport, NY 14450
United States
Phone: 585-325-6880
Fax: 585-325-5617www.manning-napier.com
The information and data displayed in this profile are created and managed by S&P Global Market Intelligence, a division of S&P Global. Bloomberg.com does not create or control the content.
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Single family home has 3 beds, 3 baths, 2,851 sq. ft., 15,682 lot size, was built in 2013 and is pet friendly. Offered as for sale by owner with a price of $2,301.
|Rental Fee
|Property Type
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|2,851 sq. ft.
|Pets Allowed
|Please inquire
|Provided By
|Direct Link
|Last Updated
|5 days ago
This property is For Sale by Owner or FSBO , which can offer significant advantages to home buyers. Even though a homeowner chooses FSBO to save money on real estate fees, those savings can be passed on to the buyer as a lower purchase price. Some FSBO homeowners may also offer flexible financing options, including Owner Financing (a good alternative to a bank loan) or Rent to Own. The Rent to Own option would allow you to rent this home for a period of time with an option to purchase it for a predetermined price after the rental period. This...
gives you time to build up your credit and accumulate your down payment, all while living in the home of your dreams.
Single-family home located at McIntyre in Bowling Green, KY 42101 has 3 beds, 3 baths, 2,851 square feet and available to rent for $2,301. McIntyre was listed on RentalSource 84 days ago by RentBeforeOwning. McIntyre is in zip code 42101 which is located in Bowling Green, KY. The rental price of $2,301 is 79% higher than the average rental price of $1,289 for homes for rent in 42101 and 48% higher than the average rental price of $1,555 for homes for rent in Bowling Green, KY.Report listing | Visit website
Beware of rental scams! Situations involving wire transfers or a landlord who can't meet you in person can be red flags.
All information listed is provided by third parties and is deemed reliable, but should be independently verified. Price and specifications are subject to change without notice. RentalSource provides this service without representations or warranties of any kind either expressed or implied.


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Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
How make changes in balance sheet report in openerp 7.0 ?
I need my own modified version of balance sheet report to be printed in balance sheet. How do I modify the original Balance sheet report of Openerp 7.0?
We do this via the account_fstr module:
Module - https://code.launchpad.net/~s-momin-serpentcs/account-fstr/account-fstr
Documentation - http://www.publicus-solutions.com/blog/account_fstr-documentation-part-1-introduction-and-overview/
Your Answer
Please try to give a substantial answer. If you wanted to comment on the question or answer, just use the commenting tool. Please remember that you can always revise your answers - no need to answer the same question twice. Also, please don't forget to vote - it really helps to select the best questions and answers!
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|Asked: 5/14/13, 12:52 PM
|Seen: 1959 times
|Last updated: 3/16/15, 8:10 AM


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Wholesale Case GYRO Metal Extreme Shark 3.5CH Electric RTF RC Helicopter (6 Units at $48.50 Each)
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Roasted Garlic/Chicken Soup
Total Time
Prep 20 mins
Cook 1 hr 5 mins
A nice soup to serve for lunch followed by a light salad. This soup is for garlic lovers! If you wish the meal to be lighter just leave out the chicken.
Ingredients Nutrition
- 2 heads garlic, whole, unpeeled, just the tops cut off the heads to expose the tip of the cloves
- 1 chicken breast, thinly sliced
- 4 1⁄2 cups chicken stock
- 2 tablespoons butter
- 1 tablespoon chopped fresh dill weed
- 3 slices whole wheat bread, cut into 1-inch cube
- 1⁄4 cup dry white wine
- salt and pepper
- 1⁄2 cup grated provolone cheese
- Place garlic heads,upright,in a shallow 8 cup casserole, ovenproof, dish.
- Pour a 1/2 cup of chicken stock over the garlic.
- Bake in 350°F oven for 1 hour.
- Allow buds to cool, then squeeze the garlic puree from the skins.
- Meanwhile, melt the butter in a large skillet,stir in the dill.
- Add bread cubes and toss, cook until cubes are crisp (about 5 minutes), set aside.
- In a saucepan combine the 4 cups of chicken stock, chicken, garlic puree, wine, salt & pepper.
- Bring to a boil.
- Preheat the broiler.
- Pour hot soup into 4 oven proof soup bowls.
- Add croutons, sprinkle with the cheese.
- Broil for 3 minutes or until the cheese is bubbly and serve.
Most Helpful
This soup came in really handy when my hubbie came down with a cold over Xmas. Very tasty..
I looked high and low for a recipe for garlic chicken soup, because I'd heard these were the two best ways to treat a cold. This soup was hearty, delicious, filling, and overall a huge hit with my guests. Don't be afraid of the two bulbs of garlic- it was much more subtle than you might expect, and did not come across as overpowering at all. We didn't have ovenproof bowls, so I just microwaved the soup with cheese on top at the end for about 35 seconds, and that worked fine. Instead of grated Provolone I used circular slices that melted well. To sum it up, a delicious soup that can be the centerpiece of your meal, lunch or dinner.


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text:
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January 3, 2011
JOSE BURGOS,PLAINTIFF,v.PHILADELPHIA PRISON SYSTEM, ET. AL., DEFENDANTS.
Proceeding pro se, Jose Burgos ("Burgos") brings this action against
Philadelphia Prisons Systems,*fn1 Prison
Services, Inc. ("PHS"),*fn2 Dr. Skliros,*fn3
Linda Maher, Major Osie M. Butler, Corrections Officer Jose
Castro ("Castro"), and Lieutenant Lake. Plaintiff alleges that he was
denied adequate health care when he was not taken to an orthopedic
surgeon for over forty days when he was suffering from a broken arm.
Plaintiff claims that this delay in treatment violates his
constitutional right to be free from cruel and unusual punishment as
applied through the Fourteenth Amendment of the United States
Currently before the Court are Defendants' two motions for summary judgment: (1) filed by Defendants Prison Health Services, Inc., Linda Maher, and Dr. Skliros, and (2) filed by Defendants Major Butler and Lieutenant Lake. First, the Court will address the applicable law. Second, the Court will apply the law to each Defendant to determine whether or not summary judgment is appropriate.
For the reasons set forth below, the Court concludes that summary judgment will be granted for Defendants Dr. Skliros, Major Butler, and Lieutenant Lake. Meanwhile, summary judgment will be denied as to Defendants Prison Health Services, Inc. and Linda Maher.
Below are the facts taken from Plaintiff's affidavit and his deposition testimony as they are viewed in the light most favorable to Plaintiff as the non moving party. On November 3, 2005, Burgos was shot in the arm during an incident with Philadelphia Police Officers. (Plf.'s Dep. at 9-10.) Burgos was treated at Albert Einstein Medical Center where a metal rod was surgically implanted into his arm to repair the fracture by Dr. Laurie Hirsh, an orthopedic surgeon. (Plf.'s Dep. at 11.) Burgos was released to the Philadelphia Prison System on November 9, 2009. (Plf.'s Dep. at 11- 12.)
On March 8, 2006, Burgos fell from the top bunk of his cell, causing a re-injury to his arm. (Plf.'s Dep. at 13-14 & 17-18; Plf.'s Aff. ¶ 33.) Burgos' cellmate helped him to the cell block's staff desk where Castro was sitting. Burgos requested that he be allowed to go to "medical"*fn4 but Castro denied his request. (Plf.'s Aff. 33.) Burgos and his cellmate then asked the other staff member, who called Lieutenant Lake. After seeing Burgos and his injuries, Lake granted Burgos' request to go to Medical. (Plf.'s Aff. ¶ 34.)
Once at medical, Dr. Skliros physically examined Burgos. Then, he instructed Burgos to return to his cell to retrieve his identification card. A staff member unlocked his cell so that he could get his card but Castro tried to close the door before Burgos could exit. Burgos put his foot in between the door and the frame to block Castro from closing the door. Burgos began to leave and Castro then pinned him and his injured arm in the door frame, causing Burgos pain. (Plf.'s Aff. ¶ 39.)
An x-ray of Burgos' arm was taken the next day, March 9, 2006, revealing that he had fractured it. (Plf.'s Dep. at 26, 31.) Dr. Skliros wrote a referral for Burgos to go back to Albert Einstein for surgery because it was important for the continuity of care for Burgos to return to the orthopedic surgeon who had originally operated on his arm, stating that "it had to be done immediately." (Plf.'s Dep. at 35.)
Dr. Skliros sent this referral to Linda Maher, who then forwarded it to Dr. Kalu, Regional Medical Director, who approved it on March 9, 2006. Dr. Skliros also prescribed a sling for Burgos, which he did not receive until after March 17, 2006. (Plf.'s Aff. ¶ 40 & 41.) At the time of Burgos' injury there was a contract dispute between the City of Philadelphia and Albert Einstein which caused Albert Einstein to suspend services to inmates until these contract matters were resolved. (Kalu Aff. ¶ 16.)
On March 16, 2006, Burgos complained of bruising and possible internal bleeding in his broken arm. On March 17, 2006, Dr. Skliros saw Burgos again and noting that Burgos had not yet received the sling he had prescribed, he re-ordered it. (Kalu Aff. at 20.) On March 19, 2006, Burgos told a Sergeant Anderson that his arm was black and red. Anderson notified Defendant Major Butler. (Plf.'s Aff. at 27.) Burgos was seen by a nurse practitioner and Dr. Skliros who immediately sent Burgos to the Frankford Hospital Emergency Room to rule out deep vein thrombosis. Burgos was then transferred to the Prison Health Services Wing (PHSW) on March 20, 2006 and remained there until March 27, 2006, when he requested to be placed back in general population. (Plf.'s Dep. at 43 and 51.)
On March 21, 2006, Dr. Smith examined Burgos and ordered Burgos warm compresses. Smith also issued Burgos a pass to receive extra blankets and pillows to assist him in elevating his arm for comfort. (Plf.'s Dep. at 22.) Burgos was not given these items so on March 22, 2006 he went to retrieve them on his own from a closet. Corrections Officer Fallen told him to put the items back in the closet and that Burgos could not have them. Then, Corrections Officer Brian ordered him to "lock it up," meaning to return to his cell and shut the door so that it could be locked with him inside.
When Burgos responded by telling Brian that he should not have to because he did nothing wrong, Brian began throwing Burgos' personal items into the hallway. When Burgos again refused to "lock it up" until after he retrieved his items, both Brian and Fallen physically grabbed Burgos, pinned his arms behind his back, and handcuffed his wrists. Burgos alleges that both Fallen and Brian were aware of his broken arm. Fallen and Brian held Burgos pinned down by his back while Burgos was "screaming" and "crying" on the floor of his cell floor because of the pain, when Corrections Officer Rivera sprayed Burgos' face with mace. (Plf.'s Aff. at 13-16.)
On or about March 24, 2006, Burgos' mother and step father visited him in prison. During the visit they noticed the bad bruising of Burgos' arm and that he was in a lot of pain. While in the visiting room, they had pictures taken of Burgos' arm as evidence. (Velez Aff.; Rivera Aff.; Plf.'s Dep. at 77.)
According to Burgos, he wrote many grievances concerning his lack of effective medical treatment. In response, Major Butler made arrangements for Burgos to be transferred to the Detention Center to receive treatment in the Prison Health Services Wing. (Plf.'s Dep. at 77.) Around April 5 or 6, 2009, Major Butler called Burgos to her office to discuss the grievances he had filed concerning his medical care and assisted him in completing an appeal to the Case 2:08-cv-01179-ER Document 47 Filed 10/09/09 Page 4 of 11 Commissioner. (Plf.'s Dep. at 58.) On April 19, Burgos received a letter from Commissioner King in response to his grievance appeal filed April 6, 2006 informing him that he would be taken to Albert Einstein the following day. (Id.)
Burgos was taken to Albert Einstein and examined by a doctor at that facility on April 20, 2006. The same orthopedic surgeon that operated on Burgos before, Dr. Hirsh, examined Burgos and asked the corrections officers that escorted him why he had not been brought in earlier. X-rays were taken that showed that the bone was re-healing over the rod. She told Burgos that he had the option of undergoing a surgery where his arm would be re-broken and there would be a chance that he would permanently lose all feeling in his arm. The alternative, Dr. Hirsch explained, was to leave his arm as it was with permanent limited mobility. Burgos chose not to have the surgery. (Plf.'s Dep. at 60.)
Pro se Plaintiff, Jose Burgos, filed this § 1983 action against the Philadelphia Prison System, the Prison Health Services, Inc. and individuals associated with those institutions, including Dr. Skliros,*fn5 Linda Maher, Major Osie M. Butler, C/O Castro, and Lieutenant Lake, alleging these Defendants violated his constitutional rights by failing to provide adequate medical treatment for his broken arm while he was incarcerated at the Curran Fromhold Correctional Facility ("CFCF").
In September 2008, this case was placed in civil suspense to accommodate Plaintiff as he made the transition from imprisonment to parole. (Doc. no. 21.) In December 2008, after a status and scheduling conference with the parties, this case was returned to the active docket. At that time, Defendants were instructed to take Plaintiff's deposition and to file any motions for summary judgment by February 13, 2009.
On February 13, 2009, Defendants filed a motion to dismiss for lack of prosecution, arguing that they had been unable to take Plaintiff's deposition, or otherwise proceed with the case, because Plaintiff had absconded from a halfway house and was a fugitive. (Doc. no. 24.) On March 24, 2009, Plaintiff filed a motion seeking leave to reschedule his deposition to a later date. The Court granted Plaintiff's motion, and directed Defendants to reschedule Plaintiff's deposition. (Doc. no. 29.) Defendants' motion to dismiss for lack of prosecution was denied as moot. (Doc. no. 30.)
On May 19, 2009, the Court granted Defendants' motion for leave to take Plaintiff's deposition, and directed the Warden at the State Correctional Institution at Forest to produce Plaintiff for a deposition. (Doc. no. 35.)
On October 9, 2009, Defendants Prison Health Services, Inc. and Linda Maher moved for summary judgment. (Doc. no. 46). On the same day, Defendants Butler and Lake also moved for summary judgment. (Doc. no. 47.) Requests for extensions of time were granted and Plaintiff responded on February 22, 2010. (Doc. no. 58.) Defendants Prison Health Systems replied on March 23, 2010. (Doc. no. 59.) Defendants' Motions for Summary Judgment are currently before the Court.
Summary judgment is appropriate if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). "A motion for summary judgment will not be defeated by 'the mere existence' of some disputed facts, but will be denied when there is a genuine issue of material fact." Am. Eagle Outfitters v. Lyle & Scott Ltd., 584 F.3d 575, 581 (3d Cir. 2009) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248 (1986)). A fact is "material" if proof of its existence or non-existence might affect the outcome of the litigation, and a dispute is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248.
In undertaking this analysis, the court views the facts proffered by the non moving party as true and considers the facts in the light most favorable to the non-moving party. "After making all reasonable inferences in the nonmoving party's favor, there is a genuine issue of material fact if a reasonable jury could find for the nonmoving party." Pignataro v. Port Auth. of N.Y. & N.J., 593 F.3d 265, 268 (3d Cir. 2010) (citing Reliance Ins. Co. v. Moessner, 121 F.3d 895, 900 (3d Cir. 1997)). While the moving party bears the initial burden of showing the absence of a genuine issue of material fact, the non-moving party "may not rely merely on allegations or denials in its own pleading; rather, its response must-by affidavits or as otherwise provided in [Rule 56]-set out specific facts showing a genuine issue for trial." Fed. R. Civ. P. 56(e)(2).
A. § 1983 Standard
To state a claim under 42 U.S.C. § 1983 a plaintiff must allege sufficient facts to show that: (1) the conduct complained of was committed by a person acting under color of state law; and (2) the conduct deprived him of rights, privileges, or immunities secured by the Constitution of laws of the United States.
Here, Defendants do not deny that they were acting under color of state law.*fn6 Additionally, Burgos' claim that they failed to provide him constitutionally required medical care is an alleged violation of his rights under the Fourteenth Amendment.*fn7
B. Fourteenth Amendment Claim*fn8
A pretrial detainee may assert a claim of deliberate indifference under the Due Process Clause of the Fourteenth Amendment. See Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979). Because the Eighth Amendment provides the minimum standard for determining the rights of a pretrial detainee, City of Revere v. Mass. Gen. Hop., 463 U.S. 239, 244 (1983), the standard for deliberate indifference under the Eighth or Fourteenth Amendment is the same, Simmons v. City of Phila., 947 F.2d 1042, 1067 (3d Cir. 1991).
The Eighth Amendment, through its prohibition of cruel and unusual punishment, imposes a duty on prison officials to provide humane conditions of confinement, including adequate medical treatment. Estelle v. Gamble, 429 U.S. 97, 103-04 (1976). A violation of the Amendment occurs when (1) a medical need is serious, and (2) the acts or omissions by prison officials demonstrate "deliberate indifference" to the inmate's health or safety. See id. at 104-06; Monmouth County Corr. Institutional Inmates v. Lanzaro, 834 F.2d 326, 346 (3d Cir. 1987), cert. denied, 486 U.S. 1006 (1988).
For the first element of the Estelle test, the Third Circuit has defined a serious medical need as: (1) "one that has been diagnosed by a physician as requiring treatment;" (2) "one that is so obvious that a lay person would recognize the necessity for a doctor's attention;" or (3) one for which "the denial of treatment would result in the unnecessary and wanton infliction of pain" or "a life-long handicap or permanent loss." Atkinson v. Taylor, 316 F.3d 257, 272-73 (3d Cir. 2003) (internal quotations and citations omitted); see also Lanzaro, 834 F.2d 326 at 347. In this case, Burgos had a serious medical need as his arm was broken and the metal rod in his armed was displaced by the injury. Indeed, his treating physician, Defendant Dr. Skliros determined that Burgos' medical need was serious, referring Burgos to an orthopedic surgeon for immediate surgery for this injury.
The second element of the Estelle test requires an inmate to show that prison officials acted with deliberate indifference to his serious medical need. See Natale, 318 F.3d at 582. In Farmer v. Brennan, the Supreme Court explained that the term "deliberate indifference" lies "somewhere between the poles of negligence at one end and purpose or knowledge at the other." 511 U.S. at 836. The Court instructed that "a prison official cannot be found liable under the Eighth Amendment . . . unless the official knows of and disregards an excessive risk to inmate health or safety." Id. at 837. That is, "the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Id.
However, a claim that a doctor or medical department was negligent does not state a claim for medical mistreatment under the Eighth Amendment. Id. at 106. Also, mere disagreement as to the proper medical treatment will not support a claim under the Eighth Amendment. Spruill v. Gillis, 372 F.3d 218, 235 (3d Cir. 2004). Courts will "disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment . . . (which) remains a question of sound professional judgment." Inmates of Allegheny County Jail v. Pierce, 612 F.2d 754, 762 (3d Cir. 1979) (citations omitted).
Instead, the deliberate indifference standard requires "obduracy and wantonness," Whitley v. Albers, 475 U.S. 312, 319 (1986), which has been likened to conduct that includes recklessness or a conscious disregard of a substantial risk of serious harm. See Rouse, 182 F.3d at 197. Accordingly, when some medical care is administered by officials, even if it arguably falls below the generally accepted standard of care, that medical care is often sufficient to rebut accusations of deliberate indifference. Prison officials and doctors will be given wide latitude to address the medical needs of inmates and "it is well established that as long as a physician exercises professional judgment his behavior will not violate a prisoner's constitutional rights." Brown v. Borough of Chambersburg, 903 F.2d 274, 278 (3d Cir. 1990).
Where a prisoner argues that the defendants failed to provide adequate medical treatment, deliberate indifference can be shown by a prison official "intentionally denying or delaying access to medical care or intentionally interfering with the treatment once prescribed." Estelle, 429 U.S. at 104-05; see also Rouse v. Plantier, 182 F.3d 192, 197 (3d Cir. 1999). The Third Circuit has held that deliberate indifference exists where a prison official: (1) knows of a prisoner's need for medical treatment but intentionally refuses to provide it; (2) delays necessary medical treatment for non-medical reasons; or (3) prevents a prisoner from receiving needed or recommended treatment. See Rouse, 182 F.3d at 197.
Additionally, the Third Circuit has held that prison officials are show deliberate indifference where needless suffering results from the denial of simple medical care, which does not serve any penological purpose. Atkinson, 316 F.3d at 266; Durmer v. O'Carroll, 991 F.2d 64 (3d Cir. 1993); White v. Napoleon, 897 F.2d 103 (3d Cir. 1990). Deliberate indifference also exists where "prison authorities prevent an inmate from receiving recommended treatment for serious medical needs or deny access to a physician capable of evaluating the need for such treatment." Lanzaro, 834 F.2d at 346; Durmer v. O'Carroll, 991 F.2d 64 (3d Cir. 1993); White v. Napoleon, 897 F.2d 103 (3d Cir. 1990).*fn9
C. Application by Defendants
Accepting Burgos' well pleaded facts as true and after drawing all reasonable inferences in Burgos' favor, the Court analyzes each Defendant separately to determine whether there is a genuine issue of material fact from which a reasonable jury could find the particular Defendant liable.
1- Prison Health Services, Inc.
An entity such as PHS may be liable under § 1983 only if it adopted a policy or custom that deprived Burgos of his constitutional rights. Monell v. Department of Social Servs. of New York, 436 U.S. 658 (1978); Natale v. Camden County Corr. Facility, 318 F.3d 575, 583 (3rd Cir. 2003) (applying Monell to Prison Health Services). First, the Court will determine whether or not PHS's actions, as alleged by Burgos, constitute a policy or custom. Second, the Court determines whether or not that policy or custom, as alleged and viewed in the light most favorable to Burgos, violates Burgos' constitutional rights.
First, the Court determines whether or not a policy or custom existed in this case. "Not all state action rises to the level of a custom or policy. A policy is made when a decisionmaker possess[ing] final authority to establish municipal policy with respect to the action issues a final proclamation, policy or edict." Natale, 318 F.3d at 584. "A custom is an act 'that has not been formally approved by an appropriate decisionmaker,' but that is 'so widespread as to have the force of law.'" Id. (quoting Bryan County, 520 U.S. at 404).
The Third Circuit has identified "three situations where acts of a government employee may be deemed to be the result of a policy or custom of the governmental entity for whom the employee works, thereby rendering the entity liable under § 1983." Natale, 318 F.3d at 584.
[1] The first is where the appropriate officer or entity promulgates a generally applicable statement of policy and the subsequent act complained of is simply an implementation of that policy. [2] The second occurs where no rule has been announced as policy but federal law has been violated by an act of the policymaker itself. [3] Finally, a policy or custom may also exist where the policymaker has failed to act affirmatively at all, though the need to take some action to control the agents of the government is so obvious, and the inadequacy of existing practice so likely to result in the violation of constitutional rights, that the policymaker can reasonably be said to have been deliberately indifferent to the need.
Id. (internal quotations and citations omitted).
Here, Burgos does not specifically point to a policy or custom that constitute a constitutional violation. However, as the Court reads pro se filings liberally, the facts alleged must be carefully analyzed to see if any such policy or custom exists.
In this case, the alleged constitutional violation is most like the third scenario where the Third Circuit applies municipal liability. In the third scenario, the policymaker has failed to act where the existing practice is likely to result in the violation of constitutional right. PHS followed its policies and procedures for the approval of Dr. Skliros' referral to an orthopedic surgeon at Albert Einstein. Dr. Skliros made his referral, Defendant Maher sent his referral to Kalu who approved it. Then, PHS staff attempted to make an appointment.
However, according to Burgos, PHS knew that its phone calls to Einstein to schedule an appointment went unanswered because of a contract dispute between the City of Philadelphia and Albert Einstein. Burgos also alleges that PHS knew that he had a broken arm that was going untreated despite their own physician's referral for immediate surgery. A reasonable juror could find that PHS knew that its usual policy or practice was not effective because of this contract dispute but did nothing (that has been alleged) to alter the practice or policy. They did not make a decision to act when it was obvious that the current policy was ineffective as it was resulting in over a forty day delay for what their physician deemed as a need for immediate surgery.
These facts, as alleged, raise a genuine issue of material fact as to whether PHS's actions qualify as a policy for municipal liability. PHS's policymakers cannot hide behind the excuse that they followed their procedures by referring Burgos to Albert Einstein when they knew that he was not being seen for a serious injury in which their own medical staff stated required immediate surgery. Thus, because PHS's actions, as alleged, qualify as a policy, municipal liability may apply.
Second, the Court will determine if the facts alleged raise an issue of material fact as to whether or not Burgos' constitutional rights were violated. This case is unlike the many unsuccessful cases where prisoners challenge the chosen treatment prescribed by the medical staff. Here, it was PHS's own physician that concluded, in his medical opinion, that Burgos needed immediate referral to the orthopedic surgeon at Albert Einstein for surgery. Defendant PHS does not offer any showing that Dr. Skliros' medical opinion changed.
Further, the Third Circuit has found constitutional violations under the deliberate indifference standard where medical care is delayed for non-medical reasons. Here, under the facts alleged, Burgos' medical care was significantly delayed by over forty days. Although Dr. Skliros prescribed immediate referral to Albert Einstein on March 9, 2006, Burgos did not get to Albert Einstein or to any other orthopedic surgeon until April 20, 2006. During this time he filed grievances, inquired about delays, and suffered pain as described in the record. This delay was due to the contract dispute with Albert Einstein, not for any medical reasons.
There is evidence in the record that PHS knew of this medical need (indeed, a PHS doctor prescribed it and multiple high level staff approved the referral) and the inference can reasonably be drawn that PHS knew that leaving a broken arm untreated creates a serious risk of harm. Under these circumstances, there is an issue of fact as to whether policymakers at PHS knew of Burgos' serious medical need but did nothing to address it. The Court finds that PHS's policy to ignore the situation and leave Burgos with a broken arm and a dislocated rod, as alleged by Burgos, violated his right to be free from cruel and unusual punishment.
PHS may be held liable under the theory of municipal liability because there is a genuine issue of material fact as to whether or not there was a policy and if that policy violated Burgos' constitutional rights. Thus, summary judgment is denied as to Defendant Prison Health Services, Inc.
2- Individual Defendants
In § 1983 claims, individuals cannot be held vicariously liable for the actions of others. See Parratt v. Taylor, 451 U.S. 527, 537 n.1 (1981). Instead, individuals must be personally involved in the alleged violation of plaintiff's rights. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988).
a) Dr. Skliros
First, Defendant Skliros argues that summary judgment should be granted in his favor on the merits. Dr. Skliros examined Burgos the day of his injury on March 8, 2006. He also ordered x-rays and referred Burgos to get immediate surgery by an orthopedic surgeon at Albert Einstein, a referral approved by March 9, 2006. Burgos does not allege that Dr. Skliros had anything to do with PHS's delay of Dr. Skliros' referral. As the Court's role is not to second guess a course of treatment prescribed by a medical professional, and because Dr. Skliros' actions in immediately examining and subsequently referring Burgos to Albert Einstein, the Court concludes that Dr. Skliros' actions do not manifest deliberate indifference. While it is clear that Dr. Skliros knew of Burgos' serious medical needs, Dr. Skliros addressed them by treating Burgos and submitting the referral. Thus, summary judgment is granted in favor of Defendant Dr. Skliros.*fn10
b) Linda Maher
Linda Maher is the a Health Administrator for Prison Health Services, Inc. and Burgos alleges that Maher was responsible for his referral to see an orthopedic surgeon at Albert Einstein and responsible for referrals generally. After Dr. Skliros referred Burgos to Albert Einstein for surgery on his broken arm, Maher transmitted that referral to Dr. Kalu and Dr. Kalu approved the referral all in one day.
However, Burgos alleges that Maher is responsible for overseeing referrals. Maher does not assert any facts except that she transmitted the original referral to Dr. Kalu for approval. Maher does not deny that she is responsible for ensuring referrals are carried out. Nor does Maher state why she failed to get an appointment at Albert Einstein for Burgos for 42 two days except to point to the fact that "the scheduling delay was due to the dispute between Albert Einstein and the City of Philadelphia."
Maher also does not assert any facts for why she allegedly did not follow-up with Dr. Skliros regarding the referral or schedule Burgos to see an alternative orthopedic surgeon. She only asserts the opinion that the delay "was out of Maher's control." (Def. Maher Mot. Sum. Judg. at 11.) As the PHS employee responsible for referrals and aware of Burgos' situation there is an issue of fact as to whether she was deliberately indifferent by significantly delaying his medical treatment for non medical reasons.
Thus, summary judgment is denied as to Defendant Maher.
c) Major Osie M. Butler
Mr. Burgos does not allege any facts against Defendant Butler. Indeed, the only evidence provided shows that Butler responded to a grievance filed by Burgos and recommended that he be referred to medical for his arm. This referral was made the day that Burgos was sent to the Frankford ER. Burgos does not allege that he told her about the Albert Einstein referral and that she did nothing in response. Burgos' Complaint and additional documents do not allege much of anything regarding Butler. Further, Butler cannot be held responsible simply because she is a supervisor at the prison as there is no vicarious liability in § 1983 claims. Thus, summary judgment is granted in favor of Defendant Butler.
e) Lieutenant Lake
Burgos alleges that Lieutenant Lake was the Lieutenant on duty when Officer Castro refused to let Burgos go to medical for his broken arm. He further alleges that when he told another staff member that he wanted to speak to the Lieutenant on duty about this, Lieutenant Lake met with Burgos and ordered that Burgos be allowed to go to medical. Burgos also states that Lieutenant Lake was the Lieutenant on duty when Officer Castro subsequently grabbed and pulled Burgos by his broken arm when he returned to his cell to get his ID to bring back to medical, as instructed by Dr. Skliros.
However, Lieutenant Lake cannot be held vicariously liable for Castro's actions. Thus, the only allegation which personally involves Lake is that when he saw Burgos and his injuries on March 8, 2006, he immediately sent him to medical.
This act certainly does not qualify as showing deliberate indifference. Thus, summary judgment is granted in favor of Defendant Lake.
For the reasons stated above, summary judgment will be granted in favor of Defendants Butler, Lake, and Skliros. Meanwhile, summary judgment for Defendants Prison Health Services, Inc. and Linda Maher will be denied as there are genuine issues of material facts to be determined by a jury. An appropriate order will follow.
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Former Defense Secretary Robert Gates, on a press tour promoting his new book, "Duty: Memoirs of a Secretary at War," spoke at a Jan. 16 Politico Playbook event in Washington. The hour-long conversation with Politico's Mike Allen covered a lot of ground, but a few gems on intelligence leaks and cybersecurity emerged during the discussion.
On stopping leaks: "The president and I were about the only people at the table who weren't taking notes. At one point, when the president was really angry about leaks, I turned to him and said, 'Mr. President, would you look around the table? Everybody's writing! And they're all going to go back and brief their staffs, and their staff will brief everybody else. If you want to stop leaks, tell everybody to put their damn pencils down. Say there's one note-taker for the meeting, and he or she is from the National Security Council staff, and no one else is allowed to take notes.' Uh, that never happened."
On the possibility of a "cyber 9/11:" "First of all I think a cyberattack of that magnitude from nation-state with whom we are not at war is not very likely. So I think the greatest danger comes from non-government entities – terrorist groups, global organized crime, probably more likely a terrorist group. And some are very sophisticated when it comes to the Internet. So I think that is a very real danger."
On the state of U.S. cybersecurity: "The problem I see is, I think we have the capability to protect our critical infrastructure, but bureaucratic and political issues have us so wrapped around the axle that we can't figure out who to give the authority to defend us.
"The reality is – and this was a debate I had in Obama administration – when I first became Defense secretary, I asked the deputy general counsel of the department to get me a memo of what kind of cyberattack would constitute an act of war. When I left four and a half years later, I was still waiting for that memo.
"I think a lot of people who are really focused on privacy and civil liberties resist the notion of the NSA providing cybersecurity for the United States ...the truth is they are our primary weapon in this conflict."
Posted by Amber Corrin on Jan 21, 2014 at 12:10 PM
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scifista42 said:
Besides, seeing raising postcount can make you feel a certain satisfaction, even if you can't rationalize it. Don't deny that.
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Doomhuntress said:
if i'm not mistaken, English is not walter's first language, thus he replies with fewer words than one that does because of it? either that, or he's simply inexperienced with English, or just don't have that much to say compared to other users. it's not a big deal, i think.
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