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New Major League Soccer team to build $250 million stadium next to the L.A. Coliseum
LOS ANGELES — Major League Soccer's expansion Los Angeles Football Club plans to build a $250 million stadium on the site of the old Sports Arena next to the Los Angeles Memorial Coliseum.
The 15-acre complex in Exposition Park would also include a conference center, restaurants and a soccer museum. At its center would be a 22,000-seat venue, home to the new MLS team when it makes its debut in 2018.
The decision by leadership of the new club was made last week, and the club will formally announce its plans Monday, the Los Angeles Times reported.
The project, costing $100 million more than the team's projections last year, still needs approval from the Coliseum Commission and the Los Angeles City Council.
Both panels, along with Mayor Eric Garcetti, have already expressed support for the project and approval is expected by July, the newspaper said.
It would be the country's most expensive privately financed soccer stadium and the first open-air professional sports venue to be built in Los Angeles since Dodger Stadium in 1962, according to the Times.
Construction would be financed by the team and its ownership group, which includes former Los Angeles Lakers Hall of Famer Magic Johnson; Mandalay Entertainment Chief Executive Peter Guber, co-owner of the Dodgers and the NBA's Golden State Warriors; self-help author Tony Robbins; and women's World Cup soccer champion Mia Hamm and her husband Nomar Garciaparra, a former major league baseball all-star.
An addendum to an existing environmental impact report must be completed, a process that could take up to a year. Demolition of the 56-year-old Sports Arena and construction of the stadium would take an additional two years.
The team said at its introductory news conference in October that it would explore stadium sites throughout Southern California, but the Sports Arena location was the only one it seriously considered.
MLS has long favored the area because of its proximity to downtown and public transportation.
When the Los Angeles Football Club begins play in 2018, the league will have at least 23 teams. It is also exploring expansion to Miami, St. Louis or Sacramento.
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Goodbox has the easiest way to make a payment to BESCOM online. Get monthly alerts for your BESCOM online payment days before the due date by SMS, e-mail and an app notification. You will never miss a BESCOM bill payment again. You can pay
your BESCOM Bangalore Electricity bill using your credit card, debit card or your net banking account. You can make a payment for multiple account IDs as well. You don't require to login to pay your BESCOM bill on the Goodbox app!
Goodbox doesn't allow payment for a BESCOM bill whose due date has passed. There may be cases when you have a bill with you but it doesn't show up on Goodbox. Sometimes it takes a few days before your bill reflects on the app. In such cases Goodbox will inform you when your bill is available way before the due date so you don't miss your BESCOM bill payment.

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6 users graded this
Date Added: 6/23/2009 Reviewer: HQ100
Do you know about this product? Add a comment and earn 50 credits!
Grade Optimized Entrepreneur ...
Website URL: http://www.optimizedentrepreneur.com
Company Name: Hodgkinson Publishing Ltd.
Alexa Traffic Rank: 19,832,311
Simon Hodgkin's Optimized Entrepreneur is a DVD training course that helps improve the user's skills in effective communication, speed-reading, time management, reading body language, confidence building and memory enhancement. According to the product's page, these skills are needed by most entrepreneurs in order for them to become successful in their business. The course is a compilation of tips and guides that an entrepreneur can follow to be more effective in his or her business venture. However, the book does not contain any guides on how to create business or anything about the business itself.
The Optimized Entrepreneur is a learning course on how an entrepreneur can boost his or her success with the use of certain skills. In the course, Simon Hodgkin discusses six skills that are supposed to optimize an entrepreneur for their business career.
The first one is on reading skills, which teaches that the user how to read fast. This can be of help in reading through e-mails, regular mails and information from books. The second one is on enhancing and sharpening the memory of the user. This teaches the user on how to effectively remember names, faces and dates in order to leave a lasting impression on customers and business associates. Another skill taught in the book is the productivity and time management. This part of the course helps develop time management skills leaving more time for the entrepreneur to earn more money or have more free time. The next skill taught in the course is how to gain much confidence that can allow the user to attract more customers and close big deals. The skill on reading body language is also part of this learning course. This skill teaches the user to communicate and read a person's mind with just the use of body language. Lastly, the course also tackles effective communication skills that the entrepreneur should apply in all of his or her dealings.
Simon Hodgkin's DVD on Optimized Entrepreneur also comes with the package of printable document templates that include a to do list, time management solver and goal planning. It also comes with time saving software to aid the user in time management.
The Optimized Entrepreneur course is a great help to businesspersons and entrepreneurs who are already aware of marketing strategies but still not successful in their business. Some of the skills taught in this product can indeed aid an entrepreneur but it still lacks the needed information on specific business strategies and techniques and tackles a very broad area. Because of this, the lessons taught in the course are not applicable to every entrepreneur.
|0 of 0 users found this review helpful
Note: If you're on IM Report Card because you're looking for a way to make money online, then you should check out our top recommendation. It's the best method we've found that anyone can use to earn income online. Click here to learn more!
2 User Comments
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I really liked this DVD training course!
I recently found this DVD training course. I already had my business strategies but was looking for some more tips to help me interact better with my clients. Optimized Entrepreneur is not a business guide as I first thought.
I learned how to develop better communication and how to read faster. I feel this DVD contains a lot of useful tips for any entrepreneur. It teaches us how to exercise our memory. As an entrepreneur I have to remember a lot of names and details. I also receive a lot of emails. I used to lose a lot of time every day just to read everything. Optimized Entrepreneur contains tips for reading faster and saving time.
Another important thing is learning how to manage my time as an entrepreneur. I learned how to use my time in an efficient way. I also got a lot of tips for improving my communication skills. I really liked this DVD training course!
|0 of 0 users found this comment helpful
by roxanam on October 30, 2009 at 6:50 PM CST
Useful information for the ''offline marketing''
I had been working on affiliate marketing for quite a long time, but I decided that I should try ''offline marketing'' and ''Optimized Entrepreneur'' could help me to develop linguistics skills. Firstly, I must say that all the lessons which were provided for me were easily understandable because author used simple, but informative, language. Moreover, I was able to use some of the advices practically, not only in business, but also in my everyday life, for example: it helped me to improve my memory for numbers. And finally, advices about ''body language'' were very useful in my business as I was able to notice which person could be my potential customer. All in all, I can really recommend ''Optimized Entrepreneur'' as a great information source about psychology because I got valuable information for my own business, and the only disadvantage which I was able to notice was a high price for this product as I paid $197 for it.
|1 of 1 users found this comment helpful
by falco on October 30, 2009 at 6:05 PM CST
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Sims 3 Online
The Sims 3 Island Paradise - PC/Mac Electronic Arts http://www.amazon.com/dp/B00BGGIWZM/ref=cm_sw_r_pi_dp_Wb60wb0WKR810
Romantic Wedding Church by Wimmie - Sims 3 Downloads CC Caboodle
Pinterest: L o v e l y L i f e 4 3 7
The Sims 3: Supernatural - another The Sims 3 expansion pack I want so bad
I've seen weird Sims glitches like this before (whether when I'm playing the game or seeing pictures online). Some get freaky; example above lol.
The Sims 3 Tutorial: How to Install Mods - YouTube
Sulsul Sims: Ugg Boots • Sims 4 Downloads
Catahoula Leopard Dog by LittleV - The Exchange - Community - The Sims 3
"Advertisement" from "Living Sims" online magazine. Would have looked great in a house in the game, oh my gosh!
Leap Year is an online exhibition held with Salon91 Contemporary Gallery in Cape Town. Here are a few of the images, for more go to: https://salon91art.com/shop/


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HolidayView More
iSpy Fall Game
iSpy is a game that kids love. So we've created an iSpy game that's a printable just for fall. Take it on walks, car rides, or when you're running errands and let your children check off each autumn item on the list!
Raking Leaf Game
It's that time of year again. The weather is changing and the leaves are falling. Make a chore a fun memory. Hit the yard and bond with your family doing these 5 leaf raking activities.
Leaf Identification Game
The autumn world is full of color and texture and great beauty. Use this Leaf Identification Game to draw your children into the world of fall by seeing how many leaves your children can find.
Get OrganizedView More
A Planning Tool to Simplify Your Week
Have you ever wondered what you actually accomplished at the end of a busy week? Sometimes moms are so busy reacting to the surprises life throws our way, and tending to the details of our daily routine that we don't make much progress on the things that matter most.
Little Clutter Jail
If your pre-schoolers leave their toys or games out, into Little Clutter Jail they (the toys, not the kids!) go! To get their item out of Little Clutter Jail, your children must draw one of the Community Chest cards and complete the task. To create your clutter jail, print and tape the jail page on […]
Daily To Do List
Do you want to feel more organized and better able to handle whatever the day sends your way? iMOM's To Do Today List for busy moms will help you stay on track.
Love My Family & FriendsView More
100 Words of Encouragement for Kids
As a child I was overly sensitive to criticism. Many kids are sensitive because they haven't yet developed a healthy self-esteem. What I needed to hear more than anything from my parents and teachers and coaches was what I was doing well. I needed encouragement. Sometimes our kids need to hear more than just "I […]
Back to School Treasure Hunt for Kids
Make back to school time a fun time for your children with our Back to School Treasure Hunt for kids. As they search for clues they'll find lots of surprises, but no homework — we promise! When a clue calls for something like crayons, or a book, you can get new ones to surprise your children, or just use things you have around the house.
30 Day Encouragement Challenge
The other night my daughter walked up beside me and draped her arm across my back, her hand resting on my shoulder. "I feel discouraged, Mom," she said. My heart broke. She was in the middle of a pretty big challenge, and she was having a down day. I tried to encourage her and offered my love, support, and hope that things would get better.
Sometimes, though, we aren't aware that our children are down, so we don't offer our support. That's why it's important for us to get in the habit of offering a steady flow of encouragement in bad times and good times. Our 30 Day Encouragement Challenge can help you do that. Look at these words of encouragement for kids, then every day for 30 days, choose one of them to share with your child.
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Before School Talk
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Here are 5 things that moms should teach their sons about how to treat girls. Share these points with your son so that he is able to treat his siblings and friends respectfully. See other resources from Family First and the Florida Coalition Against Domestic Violence against domestic violence.
Why You Should Say Yes to Screen Time
It can be the toughest (and most tiring!) thing for a mom to say—No, no, no! No, as in, No, you may not use your (insert name of screen device here). And even when you say no a million times, your kids can still come back to you again and again and again with the same kind of question, "Can I watch a movie? Can I use my iPad? Can I play Xbox?"
So the best way to say no to screen time is to say yes… with conditions. First, come up with your limits. These can be as simple as a set amount of time a day or as complex as different limits on different devices. Be clear on those time limits, then… here's an idea I love for how to limit screen time. The "If…then…" screen time for kids printable. See what you think.
When your child asks you for screen time, let him know that you will say yes, if he does what you select from this list.
Yes to screen time! If…
Pass the Piggy
No parent can predict what their child will become but they can prepare them. You never know if your child may one day have to eat in the White House. Good manners will help them get there.
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Pretty Patterns 2017 Printable Calendar
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2017 Printable Calendar for Moms
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Joy Fuson's
Office Location: FL1 - 142 Text: 530-362-8405 Office Phone: 608-6504
Student Help Hours (end on Thurs, 12/8)
Mon -Thurs 8:45 am – 9:15 am in our classroom
Tues & Thurs 12:30 pm – 1:50 pm
Finals week help hour: Fri, 12/9 from 9:00 – 10:15 am
The best way to contact me is email. Click on the mailbox to send me a note.
Print graph paper for homework
Fall 2016 Classes:
Math 120 - MTWTh 9:15 – 10:20 am & 10:30 – 11:35 am
Syllabus Grades 9:15 Grades 10:30 HW Assignments Handouts
Math 335 MWTh 7:15am - 8:45 am
Syllabus Grades HW Assignments Homework Forms
Online Math Resources:
FLC Math Department repository of resources
Innumeracy.com - read articles and get hints on a wide range of topics including Math Anxiety and Test-taking tips
Math.com - generate worksheets, look at practice problems (most helpful in my opinion for Math 20, 30, 100 and 120)
Calculus.org - see sample problems, exams and generally soak in calculus knowledge
Mathematics Archives - take a look at what's out there mathematically on the web
History of Mathematics - the study of mathematics has a long, proud history all across the earth
Biographies of Mathematicians - very interesting reading
Math Thesaurus - a great resource for defining all things mathematical
Purple Math - Algebra Resource - all things algebra can be found here...broken into helpful modules
How math helped break a prison code How many times do you need to shuffle?
Please send me an email if you have others that you'd like to see included in this list!


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By Rebecca Autrey December 11, 2014 National Guard leaders joined members of Congress, congressional staff, industry representatives and other Guard supporters on Capitol Hill Wednesday night to celebrate the Guard's 378th birthday. About 250 people attended the event organized by NGAUS, including... Read more
Washington Report (December 9, 2014) The defense policy bill for fiscal 2015, which could be discussed today in the Senate after passing the House last week, has much for National Guardsmen to like, including a change to how Guard members can receive early retirement pay. Last week's Washington... Read more
Washington Report (December 9, 2014) Defense industry leaders and National Guard officials braved wet, cold weather to reach NGAUS headquarters today for the association's 18th Annual Industry Day, where a member of Congress touted the Guard as a key solution to our nation's budget woes. Click here... Read more
By Ron Jensen December 5, 2014 National Guardsmen should be pleased with the fiscal 2015 defense policy bill hammered out in Congress and now awaiting action by the Senate after it was passed by the House. But it is clear the fight on critical issues is not over and NGAUS is preparing for another... Read more
WASHINGTON (Dec. 2, 2014) —The National Guard Association of the United States today released the following statement by retired Maj. Gen. Gus Hargett, the NGAUS president: "The compromise fiscal 2015 National Defense Authorization Act now awaiting approval by the full House and Senate sends a... Read more
Washington Report (Dec. 2, 2014) The Air Force will not retire A-10 fighter aircraft and the Army will not transfer AH-64 Apache helicopters from the National Guard in the current fiscal year. Those are two important highlights of the fiscal 2015 National Defense Authorization Act hammered out by... Read more
Washington Report (November 25, 2014) Two company-grade National Guard officers will spend one year at NGAUS as the inaugural participants in a fellowship program approved this month by the NGAUS board of directors. Second Lt. Mark Caruso of the New Jersey Army Guard and 2nd Lt. Charles Martin of... Read more
Washington Report (November 18, 2014) Governors are concerned that the Army is pushing ahead with its plan to transfer AH-64 Apache helicopters from the Army National Guard and want lawmakers to tell the service to knock it off. In a letter signed by four state executives, the National Governors... Read more
Letter to Sen. Ayotte supporting A-10s
Washington Report (November 10, 2014) Soldiers and airmen gearing up to work on Capitol Hill heard from various military service organizations during a lunch at the NGAUS headquarters Wednesday. Service members selected to participate in the Congressional Fellowship Program headed to the... Read more


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For sale by Karu Jayawardena 9 Oct 3:45 pmMatara, Matara
9 Perch Land for Sale in Matara
Only 250M to Matara Akuressa Highway
2 Minutes to Sujatha Vidayalaya, Rahula College
2 Minutes to Colombo Matara Southern Expressway
3 Minutes to Matara Town
590,000 P.P. (Negotiable)
Stay safe!
Watch out for:


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Discussion in 'iTunes App Store Games & Apps' started by kartel, Jun 8, 2009.
Vampire Origins? Rolando 2? Minigore and Hardgore? Dexter? Legion of Amon? FIFA?
Do you mean ipod or games overall?
If its ipod then I want rolando 2, madden 10, and Dexter.
star defense
i don't think minigore counts as a big game, rly
it's quite fun though
Everyday a new game is released which is worth playing. If this trend continues, soon people will go bankrupt Please Register or Log in to view images
Btw I am waiting for Madden 10, start defense and dexter. Honestly, I never fancy rolando never liked the game
Please Register or Log in to view images
Minigore, definitely. Hopefully my expectations won't be in vain.
Dexter, Worms, Live Fire, Star Defense and stuff that gameloft will anounce sometime Please Register or Log in to view images
Dexter and Minigore 2.....
Especially dexter.
Star Defense and Defender Chronicles for me.
If only you were a Member Reviewer...lol.
Separate names with a comma.


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manliest restaurants
These 9 made the cut. Congratulations!
It's time to select this year's top restaurants!
What restaurants do you think most deserve the title?
A sports bar where, should you accept the challenge, eating is sport, too
Bring your earplugs before hitting this heavy metal biker 'n' burger haven
Taxidermy and turkey melts make this Cornhusker hangout a must
The name says it all—this place specializes in elevating greasy spoon classics
A menu with local game meats and an exhaustive beer selection. What more do you need?
A steakhouse, done the southern way
Memphis BBQ, served with all the local color
Sample the best of West Coast shellfish, raw and unshucked


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November 3, 2009
DOUGLAS W. MARTIN PLAINTIFF,v.OFFICER LUCKETT # 355, ROMEOVILLE POLICE DEPARTMENT, ET AL., DEFENDANTS.
Plaintiff Douglas W. Martin has brought a complaint against various officers, police departments and municipalities alleging violations of his Fourth and Fourteenth Amendment rights. Plaintiff filed an initial complaint with this Court on May 18, 2007. Subsequently, he filed his first amended complaint and second amendment complaint. On June 23, 2009 Plaintiff filed his third amended complaint which is the subject of this Order. Defendants Village of Woodridge and Woodridge Police Department filed a motion to dismiss Plaintiff's complaint, and Defendant Will County was timely joined.
On May 25, 2005 Plaintiff was driving in the city of Joliet, Illinois. An unknown Joliet police officer noticed an alleged traffic violation committed by Plaintiff, activated emergency lights on his or her police vehicle and pursued Plaintiff's vehicle. During the pursuit, the vehicles entered the municipality of Crest Hill, Illinois. An unknown Crest Hill Police officer also activated emergency lights on his or her vehicle and joined in the pursuit. When the pursuit entered the Village of Romeoville, the Joliet and Crest Hill police officers abandoned their pursuit and informed certain Defendants, through police traffic radio, that they were abandoning their pursuit. Plaintiff stopped his vehicle at or near 744 Farragut, Romeoville, Illinois ending the pursuit.*fn1
After Plaintiff stopped his vehicle, he alleges that one Defendant broke the window of Plaintiff's door. Plaintiff alleges that he was then in "great fear for his personal safety" and subsequently drove his vehicle away from the area. Plaintiff stopped his vehicle again near Arcadia and Farragut streets, in Romeoville, Illinois. At that time and place Plaintiff alleges that he was attacked by a canine unit "owned and controlled by the Romeoville Police Department."*fn2
Plaintiff denies ever resisting arrest by Defendants.
Plaintiff alleges that he was then taken into custody by Defendants and was physically struck by certain Defendants resulting in injury. After being placed in custody and restrained by handcuffs, Plaintiff alleges that he was again injured by canine units and Defendants. Again, Plaintiff denies resisting his arrest.
Plaintiff was later arraigned and entered a plea of not guilty.*fn3 Plaintiff subsequently plead guilty to "one count of aggravated fleeing/attempting to elude Police." All other charges were dismissed.
Relevant to Defendants' motion, Plaintiff alleges that Defendants Deputy James Akers and Sargeant Thomas Budde, both of Will County Sheriff's Police, used excessive force against Plaintiff in effecting arrest, violated the "Use of Force" policy of Will County Sheriff's Police, failed to protect Plaintiff from physical harm while in custody, and deliberately struck Plaintiff while Plaintiff was not resisting arrest. Plaintiff alleges that Defendant Will County failed to instruct members of the Will County Sheriff's Police on proper use of force against individuals undergoing arrest and while in custody.
Plaintiff brings allegations against Defendants Officer James Luckett, Officer Brian Truhlar, Officer Gary Augustine, Officer Allen Downen, The Village of Romeoville, Illinois, Deputy James Akers, Sargeant Thomas Budde, Will County, Illinois, Officer Robert Chrusciel, Sargent Marema, the Village of Woodridge, Illinois, Unknown Officers and Agents of the Village of Romeoville, Illinois Police Department, Unknown Officers and Agents of the Will County Sheriff's Police, Unknown Officers and Agents of the Village of Woodridge, Illinois Police Department under the Fourth and Fourteenth Amendments to the Constitution.
Defendants Village of Woodridge and Woodridge Police Departments, timely joined by Defendant Will County, filed a motion to dismiss Plaintiff's Third Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).
For the following reasons Defendants' motion to dismiss Plaintiff's third amended complaint as to all claims against them is granted.
A motion to dismiss under Rule 12(b)(6) requires that I analyze the legal sufficiency of the complaint, and not the factual merits of the case. Autry v. Northwest Premium Servs., Inc., 144 F.3d 1037, 1039 (7th Cir. 1998). I must take all facts alleged in Plaintiff's complaint as true and draw all reasonable inferences from those facts in favor of the Plaintiff. Caldwell v. City of Elmwood, 959 F.2d 670, 671 (7th Cir. 1992). Plaintiff, for her part, must do more than solely recite the elements for a violation; she must plead with sufficient particularity so that her right to relief is more than a mere conjecture. Bell Atl., Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff must plead her facts so that, when accepted as true, they show the plausibility of her claim for relief. Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). Plaintiff must do more than plead facts that are "consistent with Defendants' liability" because that only shows the possibility, not the plausibility, of her entitlement to relief. Id. (internal quotations omitted).
A. Defendants Village of Woodridge, Illinois and Woodridge Police Department
Plaintiff concedes that Defendant Woodridge Police Department is not a suable entity and further agrees that there are insufficient pleadings under the allegations of Plaintiff's third amended complaint to sustain his claims against Village of Woodridge. Plaintiff states in his response to Defendants' motion that he has moved in a separate motion to dismiss Village of Woodridge, Illinois and Woodridge Police Department with prejudice.
As Plaintiff's motion to dismiss Defendants Village of Woodridge, Illinois and Woodridge Police Department has not yet been filed with this Court, I hereby grant Defendants' motion to dismiss all claims brought against Village of Woodridge, Illinois and Woodridge Police Department with prejudice.
B. Defendant Will County, Illinois
Liability under § 1983 requires that defendants act "under color of state law and that the defendants' conduct violat[ed] the plaintiff's rights, privileges, or immunities as secured by the Constitution or laws of the United States." Lanigan v. Village of E. Hazel Crest, 110 F.3d 467, 471 (7th Cir. 1997). Plaintiffs in a § 1983 suit against a municipality need not meet any heightened pleading standards, but must comply only with conventional pleading standards. Leatherman v. Tarrant County Narcotics Unit, 507 U.S. 163,165, 122 L.Ed. 2d 517, 113 S.Ct. 1160 (1993).
To state a § 1983 claim against a municipality "the complaint must allege that an official policy or custom not only caused the constitutional violation, but was the 'moving force' behind it." Estate of Sims v. County of Bureau, 506 F.3d 509, 514 (7th Cir.2007); see also Monell v. Dep't of Soc. Servs. of the City of New York, 436 U.S. 658, 691, 98 S.Ct. 2018, 2035, 56 L.Ed.2d 611 (1978). The "official policy" requirement for liability under § 1983 is to separate acts of the municipality from acts of municipality employees. Id. at 515. A failure to train can only be considered an actionable city "policy" when the failure to train reflects a "deliberate indifference to the rights of persons with whom the police come into contact." City of Canton, Ohio v. Harris,489 U.S. 378, 388, 109 S.Ct. 1197, 1200 (1989).
Plaintiff asserts that he has stated a valid claim against Will County for "failure to train and instruct police personnel" on the proper use of force against those undergoing arrest and in custody. Defendant Will County argues that Plaintiff has failed to state a case of action because there is "no direct causal link between the municipal action and the deprivation of federal rights." To support this contention, Defendant refers to Plaintiff's complaint. In his complaint, Plaintiff alleges that Sargeant Budde and Deputy Akers deprived Plaintiff of his due process rights under the Fourth and Fourteenth Amendments by violating the "Use of Force" policy of the Will County Sheriff's Police. Plaintiff also alleges that Will County failed to instruct members of the Will County Sheriff's Police on "proper use of force." Defendant argues that Plaintiff's argument is flawed because he "attempts to hold Sargeant Budde and Deputy Akers liable by alleging that they did not follow Will County's policies regarding use of force, while also attempting to hold Will County liable for policies that he alleges Sargeant Budde and Deputy Akers did not follow." Defendant argues that it cannot be "held liable for a policy which Plaintiff alleges was violated and not even followed by officers."
Assuming the truth of Plaintiff's allegations, I must first determine whether Defendant's alleged "failure to train and instruct police personnel" is an actionable city "policy." As noted above, a failure to train can only be considered an actionable city "policy" when the failure to train reflects a "deliberate indifference to the rights of persons with whom the police come into contact." City of Canton, Ohio, 489 U.S. at 388. Deliberate indifference may be proven by "(1) failure to provide adequate training in light of foreseeable consequences; or (2) failure to act in response to repeat complaints of constitutional violations by its officers." Sornberger v. City of Knoxville, 434 F.3d 1006, 1029-30 (7th Cir.2006) (internal citations omitted).
Here, Plaintiff's pleading is deficient of any facts showing that Defendant was deliberately indifferent in its alleged failure to train. Plaintiff simply pleads that Defendant failed "to instruct members of the Will County Sheriff's Police on proper use of force against individuals undergoing arrest and while in custody." This pleading is insufficient to meet the "deliberately indifferent" standard necessary to raise Defendant's alleged failure to train to an actionable "policy." See Hernandez v. Dart, 635 F.Supp.2d 798, 813 (N.D. Ill. 2009) (holding Plaintiff's pleading of negligent failure to train or supervise insufficient to state a claim under § 1983 for failure to train); Hutchens v. Harrison, 2009 WL 1139121, *6 (N.D. Ill. April 28, 2009) (finding Plaintiff's allegations that Defendants "failed to adequately train Harrison" and that Defendants "were on notice" regarding the "failure to train defendant Harrison...." insufficient to "plausibly suggest that the failure to train was related to any Sheriff policy or practice or a deliberate indifference that could support a Monell claim.").
I therefore find Plaintiff's allegations that Defendant Will County, Illinois failed to instruct members of the Will County Sheriff's Police insufficient to state a claim under § 1983. Because I find Plaintiff's pleading deficient, I do not reach Defendant's argument that Plaintiff's pleading shows no "direct causal link between the municipal action and the deprivation of federal rights."
For the foregoing reasons, Defendants' motion to dismiss Plaintiff's third amended complaint as to Defendants Village of Woodridge, Woodridge Police Department, and Will County is granted with prejudice.
James B. Zagel United States District Judge
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Side macro shot of a Leopard Lily in bloom
flora flower garden leopard lily macro nature petal plant pollen
Beautiful dof; love the bokeh. I can't believe this doesn't have any comments!
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Have Your Say
Submit a Review
Have you been to Elizabeth House in Seaview?
Let us know what you thought of the venue and how you enjoyed your visit to Port Elizabeth.
Reviews & Comments
Showing 4 reviews (ordered by date of stay, most recent appearing first)
November 2013
What a wonderful house spacious and clean well equipped beautiful view. Cleaning service every day helped and were very friendly. Tanya made us feel so welcome and supplied a complimentary welcome pack to get us started thank you. We tried the local restaurant and that was great. Would definitely recommend it and would stay again if we travelled there.
December 2011
WOW, Wonderful Stay! A family of 8, stayed for 10 days. House clean, well equipped and friendly owners. We saw dolphins in the sea from the top balcony almost every day. Had a lovely stay and enjoyed the open spaces in the house. Lovely balcony to watch the boats and people fishing on the rocks (my husband was one of them)! Cleaning service every day except public holidays. A washing machine and dishwasher which we found very handy. Would definitely recommend it and would stay again if we travelled there.
November 2011
I would go back in a flash if I could! This was the best find ever for a vacation rental for my wife and me, our daughter, a 12-week old infant, 2 4-year old boys, a 7-year old girl, my sister, her husband and my mother-n-law. Lots of space and no-one felt cramped. It was so clean and well-appointed - exactly the way it was advertised online. Near everything. The owners were just delightful and so attentive. if I could, I would go back there soon.
November 2011
Magnificent property - great value for money.
The owners were there to greet us, and had supplied a complimentary welcome pack to get us started. The personal touch was greatly appreciated.
The spacious house was extremely clean and well appointed. The sea views from the property are magnificent. Local restuarant was also great. Finding such superior accommodation at an affordable cost made our trip to Port Elizabeth a pleasure.
We will definitely use this property again when we return to Port Elizabeth.
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Quick Facts
GPS location
Latitude: -34.00908611111111
Longitude: 25.344224999666668
Closest airport(s)
Port Elizabeth Airport - 26km
Children policy
Children of all ages are welcome.
Check-in/out times
Check-in from 14h00
Check-out by 10h00
Exceptions to check-in/out times may be arranged, please enquire.
Listed on SA-Venues.com
December 2011 - 4 Reviews


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Hop into Spring with a sweet bunny on a pieced crib quilt.
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That nearly half of California students with disabilities fail the state's exit exam is unacceptable, writes columnist George Skelton. "We had dozens of sworn declarations from parents about the deep depression that their [children with disabilities] went into when they didn't pass the exit exam," said Sid Wolinsky, litigation director for Disability Rights Advocates. "When you're a child with a disability, you start with problems of stigma, societal stereotyping and self-confidence. ... Then you're shattered when you can't pass the exit exam. You blame yourself and have terrible problems with self-worth."
Full Story:Los Angeles Times (tiered subscription model)


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text:
France; An Interpretive History
KNAPTON, Ernest John
• Terms • Ask a Question
Place Published: New York
Publisher: Scribner
Date Published: 1971
Description: Illus. 8vo, original tan cloth, d.w. and front flyleaf lightly soiled, ex-lib. New York: Scribner's, (1971).Edition: First
Jacket: Y
Binding: hardcover
Condition: very good(-)
Language: English
Type: Books
Book ID: 244048


text: Alright, listen up peasants. DKay the Cray, The Shizzle from Buffizle, Dylan the Stoned Villain, DK Fuckin James is ready to make an IWTMania video. I'm a really busy dude recently and I'm not taking any bullshit. Now, you may ask, "How will my character be featured in the IWTMania?" Fucking simple. For you noobs that have no understanding of e-fedding, you tell me your pic base. Aka, a dude your wrestler looks like. I know @Jwabtista is obsessed with using non-wrestlers as pic bases, and that's just a pain in the ass for me, so try to stick to actual wrestlers I can find clips of. If you want to be in it, reply with your pic base. I started to tag everyone but got way too lazy. I'll say you have 48 hours to reply with your pic base or I'm not takin it. I already had a song in mind, but I believe someone told me they already had a song in mind. I need to know if there's already been an official theme decided or if I get to pick it. GO.


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September 16, 1959
WENHAM TRANSPORTATION, INC., APPELLANT,v.RADIO CONSTRUCTION CO., INC.
Appeal, No. 42, April T., 1959, from order of County Court of Allegheny County, No. 818 of 1954, in case of Wenham Transportation, Inc. v. Radio Construction Co., Inc. Order reversed.
Thomas F. Weis, with him Weis & Weis, for appellant.
Robert S. Grigsby, with him Pringle, Bredin & Martin, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 190 Pa. Super. Page 505]
About 4:30 in the morning of May 27, 1952 plaintiff's driver was proceeding eastwardly on alternate Route 5 known locally as The West Lake Road in Erie County. The spacious covered trailer drawn by plaintiff's tractor contained a cargo of freight weighing over 12 tons, for delivery to a consignee in New York State. The defendant's truck was being driven westwardly on Route 5 when, at a point about 5 miles west of the City of Erie, the two vehicles came into collision to the admitted damage of plaintiff in the sum of $1,500. In this action the jury found for the plaintiff in that amount. The lower court however, on defendant's motion,
[ 190 Pa. Super. Page 506]
granted a new trial and this, the plaintiff's appeal, is from that order.
In Jones et vir v. Williams, 358 Pa. 559, 564, 58 A.2d 57, Mr. Chief Justice MAXEY said: "While this Court usually supports the action of the trial court in granting or refusing a new trial we do not entirely abdicate our reviewing functions in such cases.This Court, too, has the duty to determine from the record whether or not the jury's verdict was so contrary to the evidence as to shock one's sense of justice and to make the award of a new trial imperative so that right may be given another opportunity to prevail." And in Decker v. Kulesza, 369 Pa. 259, 263, 85 A.2d 413, it is said; "While an award of a new trial is an inherent power of the court and its exercise is a matter of discretion, the discretion is not an absolute one and it is the duty of this Court to review and determine whether there has been an abuse of discretion." Our Court has recognized the principle and has given it effect, e.g., in Ropele v. Stewart, 185 Pa. Superior Ct. 522, 531, 137 A.2d 895. That case as well as Decker v. Kulesza, supra, on the facts, have much in common with the instant case, and in all three of the above cited appeals the awards of new trials were reversed and judgments were directed to be entered on the verdicts. The instant appeal clearly is in the same class.
There are some inaccurate statements, in the opinion of the lower court, upon which a new trial was granted. Alternate Route 5, as the photographs in evidence show is more than "ten to twelve feet wide", as accepted by the lower court from an inadvertent statement of one of the witnesses. In fact this highway, the original Route 5, is one of two busy arteries of east and west travel between Cleveland and Buffalo. Including gravel berms it is 42 feet in width with a concrete pavement 22 feet wide. In normal driving the paved portion is
[ 190 Pa. Super. Page 507]
entirely adequate for two vehicles of the maximum width allowed by law to pass each other in safety.
[ 190 Pa. Super. Page 508]
In the light of the verdict we must take it as established that plaintiff's driver, one Arthur E. Waller, was alert to the attending circumstances. There was a broken white line marking the center of the pavement; and he was traveling with his tractor and trailer entirely within the right lane, headed east. It was still dark, but the morning was clear and the pavement dry. He observed the lights of approaching vehicles from the east. It later developed that what he saw were the lights of three vehicles owned by the defendant which were proceeding close together as they were being driven westwardly on the highway. Immediately after the foremost vehicle passed, the middle truck suddenly left its lane of travel and crashed into the left front of plaintiff's tractor. Waller testified that the incident came without warning and so suddenly that he never actually saw the truck before the impact. He testified: "I met the other [the first of the three] cars; saw a flash of light and the crash occurred after the other car went by." The photographs in evidence showing the position of the two vehicles at rest corroborate Waller to the effect that the collision occurred in the east bound traffic lane. This is a case where circumstantial evidence may properly be considered on the question of defendant's negligence. When "the general situation and circumstances ... are such as to satisfy reasonable and well-balanced minds that the accident resulted from the negligence of the party charged, liability attaches": Tucker v. Pittsburgh, Etc., Ry. Co., 227 Pa. 66, 75 A. 991. Cf. Mitchell, Admr. v. Stolze, 375 Pa. 296, 298, 100 A.2d 477.Immediately after the impact plaintiff's vehicle came to rest with the tractor and the front end of the trailer almost entirely on the berm, headed east, and the left rear wheels on Page 508} the pavement near its south edge. Defendant's truck came to rest heading southwest with its front bumper almost 1/2 way across the east lane of the pavement. Broken glass, metal debris and liquid on the pavement at this point tended to identify it as the place of impact. This circumstantial evidence was particularly impressive with the jury in view of the testimony that plaintiff's tractor and trailer with its load weighed about 42,000 pounds; these vehicles were not likely to be pushed around by a truck weighing much less. Since we must accept the above reasonable testimony as verity, we need not refer to the testimony on behalf of the defendant except to say that defendant's witnesses on the question of negligence were discredited by prior inconsistent statements. Moreover the credibility of all witnesses was for the jury.
The court, as one of the reasons for a new trial, stated that the defendant may have been prejudiced by the failure of the court to limit the effect of the rebuttal testimony to impeachment of plaintiff's witnesses in chief. The court stated that it had refused a request from defendant to so limit the effect of the testimony. The record does not bear out the statement. But in any view, in the absence of a specific request to so charge, the defendant may not now complain. Lyons v. Wargo, 386 Pa. 482, 126 A.2d 411; Halpern v. Western Pa. Chemical Co., Inc., 182 Pa. Superior Ct. 354, 126 A.2d 502.
Finally, the court in ordering a new trial stressed, as error, the fact that the witness, whose testimony was taken on depositions, were not sworn. The court thus overlooked the fact that on page 23 of the transcription it was "stipulated between counsel that the testimony of these witnesses be received as if sworn." In any view, there is no merit in this as one of the reasons for a new trial. In the absence of objection made
[ 190 Pa. Super. Page 509]
at the time of taking of the depositions, the error, if such be assumed, must be considered waived. Goodrich-Amram, § 4016(c).
Order reversed and judgment is directed to be entered on the verdict.
© 1998 VersusLaw Inc.
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text:
Discussion in 'iPod touch' started by Touch Polskia, Feb 13, 2008.
Which app do I install in installer? I using 1.1.3 JB and i want to change from iPod to T-mobile.
what are you asking? just download make it mine
Please post in the correct section.
I want a carrier image like T-mobile but is there a way do it without a PC?
Separate names with a comma.


text:
Cameron Bruce Crowe (born July 13, 1957) is an American film director, producer and screenwriter. Before moving into the film industry, Crowe was a contributing editor at Rolling Stone magazine, for which he still frequently writes. Crowe has made his mark with character-driven, personal films that have been generally hailed as refreshingly original and devoid of cynicism. Michael Walker in The New York Times called Crowe 'something of a cinematic spokesman for the post-baby boom generation' because his first few films focused on that specific age group, first as high schoolers and then as young adults making their way in the world. Crowe's debut screenwriting effort, Fast Times at Ridgemont High, grew out of a book he wrote while posing for one year undercover as a student at Clairemont High School in San Diego, California, where he met Geraldine Edwards, who was a student there while he was visiting mutual friends in 1975.
Contributions by RomeoVoid, 22.214.171.124, and 188.8.131.52.


text:
Easy Pickled Eggs
Total Time
Prep 15 mins
Cook 15 mins
Yummy pickled eggs. I like it because my Grandma, God bless her soul, used to make them for us.
Ingredients Nutrition
- 1 gallon pickle juice
- 1 tablespoon pepper
- 1 tablespoon garlic powder
- 1⁄2 tablespoon Tabasco sauce
- 24 hard-boiled eggs
- After eating all the pickles out of the jar, save pickle juice.
- Boil eggs and drain water off of them.
- Run cold water over them until they are cooled.
- Peel the eggs and drop them into the jar.
- Add the other ingredients and stir it into the jar.
- Put in the refrigerator and let them sit for about amonth or longer so they can marinate.
- Stir the ingredients every other day or so.
- These are really easy and quite yummy.
Most Helpful
These are quite tasty and easy to make..
YUM!! Cathy, these eggs are wonderful, and remind me of what we used to get served at a local small bar, by where I used to live when I lived in the states! They are SO good, and I want to thank you for sharing this recipe. I made the liquid just as stated, but only had room for 18 eggs in my jar...that was no problem!! These will probably not last all the way to New Years Eve, but DH and I will sure enjoy every one of them, no matter when they get eaten during the holidays! Thanks again for sharing!


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February 7, 2012
REYNALDO J. CASTILLO, PLAINTIFF,v.SOLANO COUNTY JAIL, ET AL.,DEFENDANTS.
Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. This action proceeds on the amended complaint filed by plaintiff on September 29, 2009. Plaintiff's claims are against employees of the Solano County Jail and concern his pretrial detention there. Defendants Senesackda, Dolan, Cameron, Cullison and Pereda (defendants) have filed a motion for summary judgment. The court notes that plaintiff has filed a sur-reply with respect to the motion for summary judgment. Under Local Rule 230(l), sur-replies are not permitted. Because plaintiff did not seek leave to file a sur-reply, it will not be considered.
I. Plaintiff's Requests For Dismissal
In his opposition to defendants' motion for summary judgment, plaintiff asks that his claim for excessive force against defendant Senesackda be dismissed. Defendants do not object to this request so it will be granted. Since the only claim remaining against defendant Senesackda is the excessive force claim (see October 21, 2009 Order) he will be dismissed from this action.
Plaintiff also asks that his due process claim against defendant Pereda be dismissed. Defendants do not object to this request so it will also be granted. Since the only claim remaining against defendant Pereda is the due process claim (see October 21, 2009 Order) he will be dismissed from this action.
II. Defendants' Motion For Summary Judgment
A. Summary Judgment Standard
Summary judgment is appropriate when it is demonstrated that there exists "no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c).
Under summary judgment practice, the moving party always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any," which it believes demonstrate the absence of a genuine issue of material fact.
Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (quoting Fed. R. Civ. P. 56(c)). "[W]here the nonmoving party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the 'pleadings, depositions, answers to interrogatories, and admissions on file.'" Id. Indeed, summary judgment should be entered, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. See id. at 322. "[A] complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial." Id. In such a circumstance, summary judgment should be granted, "so long as whatever is before the district court demonstrates that the standard for entry of summary judgment, as set forth in Rule 56(c), is satisfied." Id. at 323.
If the moving party meets its initial responsibility, the burden then shifts to the opposing party to establish that a genuine issue as to any material fact actually does exist. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). In attempting to establish the existence of this factual dispute, the opposing party may not rely upon the allegations or denials of its pleadings but is required to tender evidence of specific facts in the form of affidavits, and/or admissible discovery material, in support of its contention that the dispute exists. See Fed. R. Civ. P. 56(e); Matsushita, 475 U.S. at 586 n.11. The opposing party must demonstrate that the fact in contention is material, i.e., a fact that might affect the outcome of the suit under the governing law, see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir. 1987), and that the dispute is genuine, i.e., the evidence is such that a reasonable jury could return a verdict for the nonmoving party, see Wool v. Tandem Computers, Inc., 818 F.2d 1433, 1436 (9th Cir. 1987).
In the endeavor to establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. It is sufficient that "the claimed factual dispute be shown to require a jury or judge to resolve the parties' differing versions of the truth at trial." T.W. Elec. Serv., 809 F.2d at 631. Thus, the "purpose of summary judgment is to 'pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.'" Matsushita, 475 U.S. at 587 (quoting Fed. R. Civ. P. 56(e) advisory committee's note on 1963 amendments).
In resolving the summary judgment motion, the court examines the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any. Fed. R. Civ. P. 56(c). The evidence of the opposing party is to be believed. See Anderson, 477 U.S. at 255. All reasonable inferences that may be drawn from the facts placed before the court must be drawn in favor of the opposing party. See Matsushita, 475 U.S. at 587. Nevertheless, inferences are not drawn out of the air, and it is the opposing party's obligation to produce a factual predicate from which the inference may be drawn. See Richards v. Nielsen Freight Lines, 602 F. Supp. 1224, 1244-45 (E.D. Cal. 1985), aff'd, 810 F.2d 898, 902 (9th Cir. 1987). Finally, to demonstrate a genuine issue, the opposing party "must do more than simply show that there is some metaphysical doubt as to the material facts . . . . Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no 'genuine issue for trial.'" Matsushita, 475 U.S. at 587 (citation omitted).
On December 10, 2009, the court advised plaintiff of the requirements for opposing a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988). Despite the court's warning, plaintiff has failed to present any affidavits with his opposition to defendants' motion for summary judgment.*fn1
B. Analysis
1. Introduction
Plaintiff's allegations in his amended complaint begin with a physical confrontation plaintiff had with certain Solano County Jail officers on January 13, 2009.*fn2
Plaintiff was speaking with his mother on the phone when an officer ordered plaintiff to pull up his pants. Plaintiff complied but admits that he responded to the officer "[i]f you feel it is so important, why [don't] you do it?" The officer became agitated, approached plaintiff and began screaming at him. Plaintiff turned his back on the officer. The officer then told plaintiff to "lock down." Plaintiff responded that he would lock down after speaking with his mother. At some point the officer grabbed plaintiff and began to drag him away from the phone area. Plaintiff then struck the officer. After that, a full-blown physical confrontation erupted involving plaintiff and at least two officers. After plaintiff was subdued, he was taken to "Z Module" and he remained there until February 13, 2009. After that, plaintiff was housed in "C Module" and he remained there until May 5, 2009. The claims which are before the court for purposes of the pending motion for summary judgment concern conditions to which plaintiff was allegedly subjected in "Z" and "C Modules" by defendants Dolan, Cameron and / or Cullison.*fn3 At the relevant period of time, Dolan, Cameron and Cullison had all attained the rank of Sergeant at the Solano County Jail.
2. Official Capacity
In his amended complaint, plaintiff sues defendants Dolan, Cameron and Cullison in their individual and official capacities as officers of Solano County. Defendants assert plaintiff has no evidence to support "official capacity lawsuits" against these defendants. An "official capacity" lawsuit, is simply another way of pleading an action against the employing entity. See Monell v. Dept. of Soc. Services of City of New York, 436 U.S. 658, 690 n.55 (1978). On October 21, 2009, a magistrate judge previously assigned to this case found that plaintiff's operative complaint states a claim upon which relief could be granted against seven defendants. The judge did not find that plaintiff's complaint states a claim against the Solano County Jail despite the fact that defendant identified the Solano County Jail as a defendant in his amended complaint. The court interprets the finding that plaintiff's complaint fails to state a claim against the Solano County Jail as a finding that plaintiff's complaint does not state a claim against defendants Dolan, Cameron and Cullison in their official capacities. The court has no cause to revisit that ruling here.
3. Administrative Remedies
In the operative complaint, plaintiff asserts that while in "Z Module," "C "Module," or both, he was subjected to, among other things, the following:
1. Lack of sunlight.
2. 24-hour observation by jail staff.
3. Lack of privacy in the shower.
4. He was forced to use a plastic mattress that was "thin, old and ripped to where the inner contents of the mattress [were] coming out."
5. He was forced to wear waist restraints during visits.
6. He was forced to share an electric shaver with inmates with contagious diseases.
7. He was housed in the same unit as members of his former gang.
In his declaration, defendant Cullison indicates that the Solano County Jail has an inmate grievance process which can be used to grieve conditions of confinement. Decl. of Sgt.
M. Cullison, ¶ 17. Defendants point to evidence indicating plaintiff did not submit an inmate grievance with respect to any of the conditions identified above. Id. at ¶ 19. Plaintiff does not point to any evidence indicating he did exhaust administrative remedies with respect to his complaints about the conditions identified above, nor does he argue that he did exhaust.
The exhaustion requirement is rooted in the Prison Litigation Reform Act, which provides that "[n]o action shall be brought with respect to prison conditions under section 1983 of this title, . . . until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). Defendants bear the burden of proving plaintiff's failure to exhaust. Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir.). Defendants have met their burden of showing that plaintiff failed to exhaust administrative remedies with respect to plaintiff's complaints regarding the conditions described above. Therefore, any claim concerning any of those conditions must be dismissed.
In his amended complaint, plaintiff asserts he was subjected to unsanitary conditions of confinement when inmate Andrew Johnson flooded his cell with toilet water and feces while plaintiff was housed in "Z Module." Defendants point to evidence indicating plaintiff filed a grievance concerning this, but failed to complete the grievance process. Decl. of Sgt. M. Cullison, ¶ 18(i). Plaintiff fails to offer any evidence in rebuttal to defendants' evidence or otherwise argue that he did exhaust administrative remedies with respect to the condition of confinement described above. Accordingly, any claims arising from this condition must also be dismissed.
4. Medical Care
Plaintiff complains about the medical care he received while in "Z" and "C Modules." Defendants Dolan, Cameron and Cullison are not medical professionals nor is there any allegation that they blocked plaintiff's access to medical professionals or medical care in general. That being the case, there does not appear to be any valid claim in plaintiff's complaint against Dolan, Cameron and Cullison for denial of medical care. Plaintiff is proceeding with claims against medical professionals in this action, but they are not a party to defendants' motion for summary judgment.
5. Two Toilet Flushes Per Hour
Plaintiff asserts that while in "Z" and "C Modules" he was forced to use a toilet that only flushed twice per hour. Plaintiff alleges he was informed by defendant Cullison this was to prevent flooding and ensure proper disposal of waste. Plaintiff also alleges he was told that he should seek medical attention if he needed more than two flushes. As a result of the "two flush toilet," plaintiff asserts that several times a day he was subject to the smell of his own feces for approximately 45 minutes due to either an accidental flush or frequent urination.
Because plaintiff was a pretrial detainee and not a convicted prisoner at the time of the events alleged in his amended complaint, his § 1983 action challenging his conditions of confinement at the Solano County Jail arises under the Due Process Clause of the Fourteenth Amendment and not from the Eighth Amendment prohibition against cruel and unusual punishment. Bell v. Wolfish, 441 U.S. 520, 535 n. 16 (1979). Under the Due Process Clause, pretrial detainees have a right against jail conditions which amount to punishment. Id. at 535-37. If a particular jail condition is reasonably related to a legitimate government objective, it does not amount to punishment absent a showing of an express intent to punish. Id. at 538-39.
Plaintiff fails to point to anything suggesting that his being forced to use the "two flush toilet" was punishment. Defendant Cullison explained the purpose of the toilet, and the court finds that the purpose put forward by Cullison is reasonably related to a legitimate government objective, i.e. avoiding flooding and maintaining sanitary conditions. Also, plaintiff does not explain in his complaint or his opposition why, if he needed to flush his toilet more than two times an hour (or 48 times a day), he did not seek medical attention or at least request permission to use a different toilet. For these reasons, there is no genuine issue of material fact as to whether plaintiff's rights arising under the Due Process Clause were violated because he was forced to use the "two flush" toilet.
6. Out Of Cell Time In " C Module"
Plaintiff asserts he was only allowed to leave his cell for 30 or 45 minutes at a time for a total of 3 hours and 15 minutes of out of cell time per week while he was in "C Module." Plaintiff was not allowed to leave his cell on Saturdays. During this period of time, plaintiff was expected to do everything he could not do in his cell, e.g. shower. Plaintiff also asserts that while he was in "C Module" he had no exercise equipment and could not utilize the outside yard when it was wet.
Plaintiff fails to allege that the conditions described above were the result of anything done by defendant Dolan, Cameron or Cullison. Plaintiff does not allege they were responsible for plaintiff being placed in "C Module," promulgating "C Module" policies or retaining plaintiff in "C Module." Furthermore, he does not point to any evidence indicating as much. Accordingly, plaintiff fails to state a valid claim against Dolan, Cameron and Cullison with respect to lack of out of cell time in "C Module."
7. Lack Of Exercise Equipment In "Z Module"
Plaintiff alleges that for the one month he spent in "Z Module" he was denied exercise equipment. Again, plaintiff fails to allege that was the result of any action taken by defendants Dolan, Cameron or Cullison. Therefore, plaintiff fails to state a claim upon which relief can be granted against those defendants with respect to denial of exercise equipment in "Z Module."
8. Television, Church, Counseling, Commissary, Daily Clean Up Plaintiff asserts his access to television, church services, therapeutic counseling, commissary and daily cleaning was limited or restricted while in "C" and / or "Z Modules." The court cannot find that, generally speaking, the denial of access to any of these items or services creates a condition or conditions amounting to punishment forbidden by the Due Process Clause. See Landfair v. Sheahan, 878 F. Supp. 1106, 1114 (N.D. Ill., 1995) (denial of television and "shopping" to pretrial detainee did not amount to serious punishment implicating Due Process Clause). Further, plaintiff fails to point to anything suggesting denial of access to any one of these items or services to him in particular resulted in a condition amounting to punishment.
9. Plaintiff's Initial Placement in "Z Module"
Plaintiff asserts that after his confrontation with staff on January 13, 2009, defendant Dolan ordered plaintiff placed in segregated housing in "Z Module." Plaintiff alleges Dolan told him his initial placement in "Z Module" was disciplinary. However, he presents no evidence in support of this. In his declaration, Dolan asserts plaintiff's initial placement in "Z Module" was "administrative" because plaintiff had committed a serious attack upon a correctional officer and caused a severe disruption of operations. Dolan asserts he was not aware of any risk to plaintiff's health or safety in "Z Module." A few days later, on January 16, 2009, Officer Pereda did order that plaintiff serve ten days in "Z Module" for disciplinary reasons.
While it is not entirely clear, it appears plaintiff alleges defendant Dolan violated plaintiff's Constitutional rights by placing him in "Z Module" in the first instance. Nothing before the court suggests Dolan was responsible for plaintiff remaining in "Z Module" beyond January 16, 2009.
Defendants are correct that plaintiff has no right to procedural protections, like a hearing, before being moved into a higher level of custody for administrative / non-disciplinary reasons. Hewitt v. Helms, 459 U.S. 460, 468 (1983). They are also correct that there is no law indicating a jail officer can be liable for placing a detainee in segregated housing for a short term following the inmate's assault on a jail officer. Therefore, defendant Dolan is immune, under the "qualified immunity" doctrine, from any claim that placement in segregated housing in "Z Module" violated plaintiff's due process rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).
Plaintiff alleges defendant Dolan was aware of conditions in "Z Module" when he ordered plaintiff placed there other than the usual conditions attendant to segregated housing (i.e. limited interaction with other inmates, limited out of cell time, suspension of recreational and therapeutic programs) and other than conditions addressed above including: unsanitary showers, an unsanitary cell and the fact that inmate Andrew Johnson, who also resided in "Z Module," made noise which often kept plaintiff awake.
Temporary exposure to unsanitary conditions in a cell do not rise to the level of a violation of a pretrial detainee's Constitutional rights. Anderson v. County of Kern, 45 F.3d 1310, 1315 (9th Cir. 1995). As for inmate Johnson's noise, plaintiff fails to point to any evidence indicating when Johnson made noise. Defendants point to a grievance filed by plaintiff in which he complains that the noise occurred between January 28, 2009 and January 31, 2009. Decl. of Sgt. M. Cullison. Ex. I. There is no evidence that defendant Dolan was aware of this, or was in a position to do anything it.
For all the forgoing reasons, defendant Dolan is entitled to summary judgment with respect to any claim concerning plaintiff's initial placement by Dolan in "Z Module."
10. Declaratory Relief
In his complaint plaintiff seeks declaratory judgment. Defendants assert that plaintiff's transfer out of the Solano County Jail and to the California Department of Corrections and Rehabilitation moots this request. More importantly, there is simply nothing before the court suggesting that a judicial declaration of the "rights or other legal relations" of any party is warranted in this action. 28 U.S.C. § 2201(a). The court will recommend that plaintiff's request for declaratory relief be dismissed.
C. Conclusion
For the reasons stated above, the court will recommend that the motion for summary judgment filed by defendants Senesackda, Dolan, Cameron, Cullison and Pereda be granted with respect to all of plaintiff's remaining claims against defendants Dolan, Cameron and Cullison and plaintiff's claim for declaratory relief.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's request that his claim for excessive force against defendant Senesackda be dismissed is granted and defendant Senesackda is dismissed from this action.
2. Plaintiff's request that his violation of due process claim against defendant Pereda is granted and defendant Pereda is dismissed from this action.
3. The Clerk of the Court assign a district court judge to this case. IT IS HEREBY RECOMMENDED that:
1. The motion for summary judgment filed by defendants Senesackda, Dolan, Cameron, Cullison and Pereda on September 28, 2010 be granted with respect to all of plaintiff's claims against defendants Dolan, Cameron and Cullison and plaintiff's claim for declaratory relief;
2. Defendants Dolan, Cameron and Cullison be dismissed;
3. Plaintiff be ordered to file his pretrial statement with respect to his remaining due process claims against defendants Coradero, Kadevri and Pilaczynski within 30 days of any order adopting the above findings and recommendations;
4. Defendants Coradero, Kadevri and Pilaczynski be ordered to file their pretrial statements within 21 days of service of plaintiff's.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within fourteen days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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April 12, 2012
LUCINA GOMEZ VAZQUEZ,PLAINTIFF,v.WACHOVIA BANK, N.A., ET AL., DEFENDANT.
The matter before the Court is the Motion for Terminating Sanctions filed by Defendant Wachovia Bank, N.A. (ECF No. 17) and the Report and Recommendation issued by Magistrate Judge Nita L. Stormes recommending that the motion for terminating sanctions be granted (ECF No. 19).
On January 24, 2011, Plaintiff initiated this action by filing a Complaint in San Diego County Superior Court. (ECF No. 1-1). On February 24, 2011, Defendants removed the action to this Court by filing a Notice of Removal. (ECF No. 1).
On March 9, 2011, Defendant Wachovia Bank, N.A. ("Wachovia") filed a Motion to Dismiss. (ECF No. 5). On March 23, 2011, Plaintiff filed an opposition. (ECF No. 6). On April 4, 2011, Defendant Wachovia filed a reply. (ECF No. 7). On May 26, 2011, the Court denied the Motion to Dismiss. (ECF No. 8).
On September 20, 2011, the Court issued a Notice and Order setting an Early Neutral Evaluation Conference. (ECF No. 10). The docket reflects that Plaintiff was served this Order via U.S. Mail Service. Id. Plaintiff failed to appear for the Early Neutral Evaluation Conference and failed to provide contact information as required by Court Order. (ECF No. 13). On November 17, 2011, the Court issued an Order to Show Cause requiring Plaintiff to submit a declaration justifying her failure to appear. (ECF No. 14). The docket reflects that Plaintiff was served this Order via U.S. Mail Service. Id. Plaintiff failed to file any response to the Court's Order to Show Cause and failed to appear at the Order to Show Cause hearing scheduled for December 13, 2011. (ECF No. 16).
On January 27, 2012, Defendant Wachovia filed a Motion for Terminating Sanctions requesting dismissal of the action with prejudice. (ECF No. 17). The certificate of service reflects that Plaintiff was served this motion via U.S. Mail Service on January 27, 2012. Id.Plaintiff has not filed any opposition to the Motion for Terminating Sanctions.
On March 1, 2012, the Magistrate Judge issued a Report and Recommendation recommending that the Motion for Terminating Sanctions be granted and that the action be dismissed without prejudice. (ECF No. 19). The Magistrate Judge ordered that:
[N]o later than March 21, 2012 any party to this action may file written objections with the Court and serve a copy on all parties.... [and] any reply to the objections shall be filed with the Court and served on all parties no later than April 2, 2012. The parties are advised that failure to file objections within the specified time may waive the right to raise those objections on appeal of the Court's order. (ECF No. 19 at 3-4). To date, no objections have been filed by any party.
The duties of the district court in connection with a report and recommendation of a magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b). The district judge must "make a de novo determination of those portions of the report ... to which objection is made," and "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b). The district court need not review de novo those portions of a report and recommendation to which neither party objects. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005); U.S. v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en banc).
The Court has reviewed de novo the record and submissions in this case. The Magistrate Judge correctly stated that the "district court has the authority to dismiss a plaintiff's action because of his or her failure to prosecute or to comply with court orders." (ECF No. 19 at 2, citing Fed.R.Civ.P. 41(b)). The Magistrate Judge correctly stated that the Court "must consider five factors in deciding whether to dismiss a case for failure to prosecute or comply with court orders: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring the disposition of cases on their merits; and (5) the availability of less drastic sanctions." Id.
The Magistrate Judge correctly found that Plaintiff has not filed anything with the Court since March 23, 2011, and that Plaintiff has failed to provide contact information or comply with the Court orders dated September 20, 2011 and November 17, 2011. The Magistrate Judge correctly found that "plaintiff's failure to prosecute diligently creates a presumption of prejudice to Defendant" and "hinders the progress of this case." (ECF No. 19 at 2-3). The Magistrate Judge properly recommended that the Court enter judgment dismissing this action without prejudice for Plaintiff's failure to prosecute the case and comply with Court orders.
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 19) is ADOPTED in its entirety. The Motion for Terminating Sanctions filed by Defendant Wachovia Bank, N.A. (ECF No. 17) is GRANTED and this action is dismissed without prejudice.
United States District Judge
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|This is a discussion on 400nl full-ring, guess my hand! within the online poker forums, in the Cash Game Hand Analysis section; GAME #1185100623: Texas Hold'em NL $2.00/$4.00 2008-09-26 20:03:07 Table Kwango (No DP) Seat 1: myiqishigh ($406.00 in chips) Seat 3: sexesymbole ($1,059.10 in chips) DEALER Seat 4: KeiRstyle ($474.20
400nl full-ring, guess my hand!
GAME #1185100623: Texas Hold'em NL $2.00/$4.00 2008-09-26 20:03:07
Table Kwango (No DP)
Seat 1: myiqishigh ($406.00 in chips)
Seat 3: sexesymbole ($1,059.10 in chips) DEALER
Seat 4: KeiRstyle ($474.20 in chips)
Seat 5: ThatsWhatHappens ($513.38 in chips)
Seat 6: MissTofu ($400.00 in chips)
Seat 7: NatNat77 ($123.00 in chips)
Seat 8: smallfish7 ($98.50 in chips)
Seat 10: SipRocketBoy ($80.00 in chips)
KeiRstyle: Post SB $2.00
ThatsWhatHappens: Post BB $4.00
myiqishigh: Post BB $6.00
Dealt to ThatsWhatHappens [?????]
zhel32: Sitout
MissTofu: Fold
NatNat77: Fold
smallfish7: Fold
SipRocketBoy: Fold
myiqishigh: Check
sexesymbole: Fold
KeiRstyle: Raise (NF) $20.00
ThatsWhatHappens: Call $16.00
myiqishigh: Fold
*** FLOP *** [2s 6c 7s]
KeiRstyle: Check
ThatsWhatHappens: Bet $15.00
KeiRstyle: Call $15.00
KeiRstyle: Check
ThatsWhatHappens: Bet $55.00
KeiRstyle: Call $55.00
KeiRstyle: Check
ThatsWhatHappens: Bet $155.00
Villain is a very solid reg who plays up to 600nl. No stats, as I have no HUD, but I would estimate he plays around 16/14/3. My table image is very solid, aggressive. Have shown a couple busted hands, have also shown down winners.
Your range is pretty wide for the following reasons:
1) SB could be isolating the poster with a wide range. You know this, you have position, so you can call with a pretty wide range.
2) The turn & river cards are pretty good cards to bluff, since draws hit with both of those cards.
The one that narrows your range is that you didn't 3-bet pre. So you're probably not holding an implied odds hand like 22-77, and you're certainly not holding a monster. Flop bet kinda looks like you're trying to induce, but meht, hard to read into betsizing.
So lets go ahead and say your range by the river is like flushes (KJs, QTs, QJs, ect.), 67, 45, A7, A6 and maybe some hands you're trying to get thin value from like AJ. I'd prolly expect to see some air in there as well, since when TAG's are check/calling you down, you know they're holding some ratty crap.
Maybe you'd just call with aces to try and let the fish in the pot, but it seems pretty far fetched to me.
EDIT - Nvm, this is full ring. So you may not be a 3-betting machine like when I play 6-max :P. I suppose calling with small pairs is okay at this point, but meh, I'd still probably 3-bet them.
re: Poker & 400nl full-ring, guess my hand!
Generally, 3-betting hands that are easily crushed is bad at full ring, FWIW (Those hands include 22-88, AT-type hands, and random broadways (besides AK, AQ, obviously.), even in position.
EDIT: That being said, if you're up against terrible players who will call 90% of your 3-bets and will play fit or fold postflop, you can 3bet pretty much anything you want, in position, but I'm referring more to spots against good, thinking players.
If you're up against players who call your 3-bets more, you should 3-bet a more balanced range. If you're up against (good) players who fold more, you should 3-bet a polarized range. Hence why you 3-bet 33... because often you'll get folds, and when you don't, you'll flop a set & have a fit, get shoved on pre, or have easy decisions postflop.
But you know that...
And I don't give the 5xBB raise any credit, since he's just increasing his raise size because of the dead money in the pot. A potsized raise is 4.0xbb's.
Against good players, I will tend to mix up my 3-bet and cold-calling range enough to make it unimportant in this discussion.
Combuboom, yeah, 4x + 1 for every limper.
re: Poker & 400nl full-ring, guess my hand!
To extrapolate a little more, I think folding 22-55 in the BB stems from the HU ring I used to play, where I was told not to play hands that are really tough to play postflop from BB. It might actually be bad to fold 22-55 in the BB against one raise (unless it's from SB, obviously), but I don't think I lose too much value, even at full-ring where everyone is bad at poker.
It isn't like you are 3 betting with 33 trying to see a showdown with your unimproved pair...so you are much better off doing it with a hand that might actually have some postflop value more than 1/8 times.
I completely fail to see how 3 betting 22-66 sort of hands from the bb vs a button steal is any sort of +EV play in the hands that reach showdown. If villain has a good enough hand to pay you off when you hit a set, then you are just spewing money the other 7 or so times that you bet into villain and he doesn't fold his better hand, and if villain never has a good enough hand to pay you off then you obviously aren't reaching showdown because villain is folding (or you are playing vs a fish that lets you check the pot down when he has no SD value). 22/33 etc are essentially equivalent to A high in this situation and it certainly isn't a hand you want to try to be bluff catching with oop. So if this being a +EV play is based upon NSD winnings, then it isn't your actual hand that matters and you might as well do this with 27o.
Obviously we need to go on both ranges here. You've said he's not stealing a ton (honestly I've never experienced a game like that, most decent players who are ~16/14 would have at least a ~35% ATS, although granted it'd be smaller from SB because of lack of positional advantage postflop).
Anyway, so his range is pocket pairs, high cards, and maybe some mid to upper suited connectors.
You call, hopefully that filters out QQ+/AK. It could be any pocket pair or suited connector, but less likely to be a low SC just because his 5x raise brings the implied odds down a bit.
Low flop, he check-calls, you bet. He is a good player, so he's probably not doing this with an overpair. He would probably cbet a flush draw, OESD, and even several hands with just 2 overs. You bet, after his check that doesn't do much to filter your range down. He calls, this tells us a lot. With this drawy of a board, you'd expect a set/2-pair/OESFD/other monsters to C/R. He doesn't, he calls. So we're looking at maybe an overpair, maybe an underpair figuring your range for a lot of draws/overs. Top pair would be a decent part but you said he doesn't steal that wide. For the same reason he would call with a low pocket or something, a hand like AK actually makes a lot of sense here, and makes more sense later in the hand.
Turn comes and the A hits, as well as completes the flush draw. He check-calls again. This is where his range seems to narrow a bit. I don't see a made flush check-calling here, I'd assume it would C/R if not bet out. If it did C/C I would expect it to lead river so as not to give you a cheap showdown with a 1-pair hand. This is also a great card for you to fire at with like an underpair, just because a flush draw seems to have been a good part of your range. You could also have a marginal A, but I guess I'd think that was less likely (as I don't think it's likely you'd flat AT/AJ from the BB, you'd probably 3-bet AK and maybe even AQ). River is a relative blank, although it fills up 89 for a straight, which really isn't in either of your ranges at this point (unless you already hit the flush, in which case it's irrelevant). He checks again, which again takes the made flush pretty much out of his range. Because of this you could be firing a wide range here, but this also means you would be firing sets/2-pair because you're not afraid of the flush. So imo your range is pretty wide while his is pretty narrow. I'd put him on AJ+/78/88-JJ with the 88-JJ having an extremely low weight, but a definite possibility. Because of this you may be firing your entire range, but because you know he's a good player and he'd know this and also because you have shown down bluffs, you're more likely to have a hand here.
So like I said, I think your range is wide here, but I'd say sets are definitely in your range, I don't know if he's folding AK so I think you would have checked behind an overpair and not turned it into a bluff. You could have hit a flush. Basically like I said it could go higher with multi-level thinking but it seems as if you have an extremely strong range here which consists of sets/2-pair/flushes, but if you think he thinks this you could do this with hands like pocket pairs turned into bluffs as well.
That's my take on it anyway.
re: Poker & 400nl full-ring, guess my hand!
i'm not saying you have to 3bet with small pairs every time, i'm saying they're a hand to use in your 3betting range, usually vs. someone you think is raising a wide range (which is why i used a button raise as an example). this is pretty standard, i don't know why you're acting like it's so foreign
Hands like 22-55 and small s/cs vs co/button steal attemps have useless implied odds vs a wide opening range and they play terrible oop. That said, i donj't have a problem 3 betting steals with T4o and other such garbage depending on the timing (so in that case i'd be 3 betting with 22-55 and small s/cs) when i know my value is going to be from NSD pots. So i don't have an argument with 3 betting these hands (obviously it is WAY better than 3 betting T4o) but i have a problem when ppl say you should be 3 betting these hands. So i don't really disagree with you, but whatever i responded to in the first place was discussing how you should always be 3 betting smaller pairs (at least that is what i remember interpretting it as).
Not all that many ppl would advocate 3 betting smaller suited connectors vs a steal either because they really don't play well oop. I don't get what you think is so standard about 3 betting from the blinds with smaller s/cs and small pps...it has never made sense EV-wise to me (coz i've heard plenty of ppl say they always 3 bet with any pair in 6 max from the blinds or what have you) and i've never seen the pros at stoxpoker etc say you should be 3 betting or calling with tiny pps vs steals.
I really really don't think that the value you get from showdown when you are paid off when you hit your set has any chance of erasing the money you lose when you either lose at showdown or are forced to fold because your hand is too weak to continue. And if this isn't the case, then specifically using 33 etc to 3B is not +EV...if the move as a whole is +EV it is because it is immediately profitable to 3bet then fire a cbet vs a given villain.
so basically when you 3bet from the blinds vs. a good player, your hand range is polarized to.. what exactly? because it sounds like you'd be incredibly exploitable vs. anyone decent
edit: okay, you said you'll 3bet junk when you know the timing is right.. that's fine. but sometimes the timing will be "less right" but still be a relatively good situation, and the fact that you have a hand that makes a monster 12% of the time instead of junk with very little potential can be what sways your decision.. because whether or not we want to go to showdown, sometimes the other guy is going to make a hand
Well i edited it, so it should be clearer what i have a problem with.
The fact is that by 3 betting with a small pp you have no further discourse of action other than "3B, fire flop, hope he folds, if not hope like hell i hit/have a set". You are just asking to be outplayed.
I am incredibly interested to hear your logic about 3B with a hand like 33 being a + EV if practiced constantly (if you do believe that). How do you think that the fact we will win a stack on the occasion we hit a set will be more profitable than the times we run into a hand and have to fold, because our hand is so weak, or see showdown with an unimproved hand, not to mention all the times we are going to get bluffed out of the pot because we are oop and our hand is so weak with no semi-bluffing capability/decent number of outs to improve?
i didn't mean to make it sound like you're supposed to auto 3bet because you have a pair. just that in that situation flatcalling is rarely even an option but that imo 3betting is a solid option under the right circumstances. i generally have a pretty solid image so it's something i can mix in. the fact that some of the times they'll make a hand they won't want to fold postflop will coincide with the times we hit sets and we win a whole stack adds substantially to our EV than if we were just 3betting with uno cards or something on the basis that we think they'll fold often enough
anyway, sry guys, back to your regularly scheduled programming
re: Poker & 400nl full-ring, guess my hand!
yea got a little sidetracked i guess...i don't even disagree with what you are saying lol, just with the initial comment (or at least how i interpreted it)
But you are right in the sense that flat calling is not an option, and so oftentimes (depending on villain and timing) the most +EV play will be to 3B the small pp (rather than fold), however, that is not (imo) because of the value of 3 betting a small pp oop. There are definitely much better hands with which ppl should be advocating you "always should 3B" from the blinds vs co/btn steal. And since you can only 3B a stealer so much, it is best to use as many of these hands as possible rather than making small pps a large portion of your 3 betting range, which is a very exploitable play. Anyways yea i'll stay out of this thread from now on lol.


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