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I recommend Bobby M's decals as well. They have held up for years on my keggles.
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My CIP submersible pump , 800 watt, 1 horse submersible pump died today. It powered a brewers
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Here is another option. This is a waterproof probe that I use with my chefalarm in my HLT.
This would allow you to bypass the thermowell.
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November 6, 2012
ADAM RAY LOPEZ,PLAINTIFF,v.P. SANTOYO, D.D.S, C. ROBERTSON, C.D.O., DEFENDANTS.
Plaintiff Adam Ray Lopez, a state prisoner proceeding pro se and in forma pauperis, filed a Complaint on January 16, 2009, pursuant to 42 U.S.C. § 1983 [ECF Nos. 1, 4]. He subsequently filed a First Amended Complaint on July 15, 2009 [ECF No. 7], and a Second Amended Complaint on December 13, 2010 [ECF No. 62].*fn1 Lopez contends that Defendants Santoyo and Robertson violated his Eighth Amendment right to be free from cruel and unusual punishment by acting with deliberate indifference to Plaintiff's serious medical needs. (Second Am. Compl. 5, ECF No. 62.) The Defendants filed an Answer on December 1, 2011 [ECF No. 98].
Plaintiff's Motion Requesting Permission to Submit Additional Interrogatory Questions was filed nunc pro tunc to May 1, 2012 [ECF No. 115]. On May 10, 2012, the Court issued a minute order construing Plaintiff's request as a motion for leave to serve additional and untimely interrogatories because the May 7, 2012 deadline for propounding discovery had lapsed [ECF No. 117]. Defendants Santoyo and Robertson filed their Opposition to Plaintiff's Motion for Leave to Serve Additional and Untimely Interrogatories on May 24, 2012 [ECF No. 118]. On June 8, 2012, Plaintiff filed an "Opposition to Defendants Motion [sic] and Opposition to Plaintiffs Motion for Leave to Serve Additional Interrogatories," which the Court construes as his Reply [ECF No. 124].
Lopez also filed a Motion for an Order Compelling Discovery on May 31, 2012 [ECF No. 120]. Defendants filed a document titled "Discovery Matter: Defendants' Notice of Opposition and Opposition to Plaintiff's Motion to Compel" on June 25, 2012 [ECF No. 126]. One month later, on July 25, 2012, Lopez similarly filed a document titled "Discovery Matter: Plaintiff's Opposition to Defendants' Opposition to Plaintiff's Motion to Compel," which the Court construes as his Reply [ECF No. 130].
The Court finds the motions suitable for resolution on the papers, pursuant to Civil Local Rule 7.1. See S.D. Cal. Civ. R. 7.1(d)(1). For the reasons stated below, Lopez' Motion Requesting Permission to Submit Additional Interrogatory Questions is DENIED. Plaintiff's Motion for an Order Compelling Discovery is GRANTED.
On December 13, 2010, when Lopez filed his Second Amended Complaint, he was incarcerated at the California Substance Abuse Treatment Facility and State Prison in Corcoran, California. (Second Am. Compl. 1, ECF No. 62.) The events giving rise to this action occurred between July 26, 2006, and July 10, 2007, while Plaintiff was housed at Calipatria State Prison ("Calipatria"). (Id. at 2, 5-10.)
Plaintiff argues that on July 26, 2006, he submitted a Health Care Services Request Form complaining of pain and discomfort in his teeth and requesting that his wisdom teeth be extracted. (Id. at 5 (citing id. Ex. A, at 14).) Defendant Santoyo, D.D.S., examined Lopez on November 1, 2006, in response to his request. (Id.) The Plaintiff maintains that Dr. Santoyo's notes from that examination indicate that Lopez had a serious dental need. (Id.; see id. Ex. B, at 16.) According to Plaintiff, Santoyo then completed a physician request for services form stating that Lopez was in "urgent" need of oral surgery for two impacted molars, and he was experiencing swelling, pain, and infection in his mouth. (Second Am. Compl. 5, ECF No. 62.) Santoyo classified Plaintiff's condition as "Priority 1C," a classification that required any oral surgery to be performed within sixty days of diagnosis. (Id.) Additionally, Plaintiff asserts that he told Defendant he was experiencing extreme pain and discomfort, but the dentist refused to prescribe any pain medication. (Id. at 5, 7).
Lopez submits that Dr. Santoyo told him that because Santoyo did not perform wisdom teeth extractions, Lopez must be transported to an outside medical service provider, and Dr. Torchia, D.D.S., would perform the surgery. (Id. at 6.)*fn2 But another inmate at the prison, Christopher Soto, told Lopez in late 2007 that Dr. Santoyo had extracted Soto's wisdom teeth. (See id. at 9-10.) Plaintiff complains that "defendant Santoyo maliciously told [him] that he did not perform tooth extractions." (Id. at 10.)
Lopez alleges that on November 2, 2006, Defendant Robertson, chief dental officer at Calipatria, approved the "urgent Priority 1C" surgery. (Id. at 6.) The Plaintiff maintains that prison regulations provide that the chief dental officer must review all documents relating to a prisoner's medical condition before approving oral surgery. (Id.) Lopez argues that in approving the wisdom teeth extraction, Robertson was made aware of Plaintiff's serious dental need. (Id. at 7.)
Lopez submitted an inmate grievance on January 1, 2007. Id. His grievance was partially granted at the informal level on February 20, 2007. (Id. Ex. E, at 27.) Plaintiff was informed that he was "on the oral surgery list to be seen by an outside provider." (Id.) Dissatisfied, Lopez appealed the 602 response to the formal level, stating that his surgery should be done "forthwith." (Id.)
On April 20, 2007, Plaintiff submitted another health care request seeking priority status over other prisoners' medical procedures in light of his severe pain. (Second Am. Compl. 7, ECF No. 62.) Santoyo responded to the appeal on April 23, 2007. (Id. Ex. E, at 27-28.) Plaintiff was advised that he was scheduled to see the oral surgeon on April 30, 2007. (Id. Ex. E, at 28.)
On that date, "after a 10 month delay without any pain medication," Plaintiff contends he was transported to the outside medical provider in San Diego, California, and received his surgery. (Second Am. Compl. 8, ECF No. 62.) According to Lopez, Dr. Torchia chipped one of Plaintiff's teeth while performing the procedure and subsequently issued a physician's order directing Calipatria dentists to repair the tooth. (Id. (citing id. Ex. G, at 32).) Lopez asserts Torchia only prescribed him a five-day supply of Motrin for the pain. (Id.)
On May 2, 2007, the Plaintiff submitted a health care request complaining of pain and swelling to his jaw and stating that the Motrin had no effect on his pain. (Id.) Lopez maintains that he was put on a liquid diet but was not prescribed "any medication at all." (Id.) Plaintiff claims that approximately one week after his surgery, he spoke with Dr. Santoyo, who stated he would repair Lopez's chipped tooth himself. (Id. at 9 (citing id. Ex. I, at
36).) On May 15, 2007, Santoyo examined Lopez, who told Dr. Santoyo that he was in pain and needed his tooth repaired, yet Defendant did "absolutely nothing for the plaintiff." (Id. at 8-9.)
On May 31, 2007, Lopez submitted another health care request indicating that he needed his chipped tooth filled and his teeth cleaned. (Id. at 9.) Plaintiff was seen by Dr. Santoyo on June 12, 2007; Lopez told him that he was in pain, could not eat, and needed his tooth repaired, but the Defendant "took no action." (Id.) Santoyo ultimately repaired Lopez's chipped tooth on July 10, 2007. (Id.)
Plaintiff alleges Defendants' conduct constituted deliberate indifference to his serious medical needs in violation of the Eighth Amendment to the United States Constitution. (Id. at 5, 10-11.) Lopez also complains that "the prison's medical care system and policy Title 15 3354" are ineffective because he did not receive his surgery within sixty days of being approved for surgery, as required. (Id. at 11.)
A. Additional Interrogatories
Federal Rule of Civil Procedure 33(a)(1) provides: "Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(2)." Civil Local Rule 33.1 requires a party seeking to serve additional interrogatories to "submit to the court a written motion setting forth the proposed additional interrogatories and the reasons establishing good cause for their use." S.D. Cal. Civ. R. 33.1(a).
On January 21, 2012, Lopez served his interrogatories on Defendant Santoyo. (Defs.' Mem. P. & A. Opp'n Pl.'s Mot. Leave Serve Addt'l & Untimely Interrogs. 3, ECF No. 118.) He served interrogatories on Defendant Robertson on January 23, 2012. (Id.) Although Plaintiff was allowed twenty-five interrogatories, he served only twenty-two interrogatories on each Defendant. Plaintiff's deadline to serve interrogatories was May 7, 2012. (Case Mgmt. Conference Order 2, ECF No. 104.) Defendants served their responses to Plaintiff's interrogatories on February 23, 2012. Defs.' Mem. P. & A. Opp'n Pl.'s Mot. Leave Serve Addt'l & Untimely Interrogs. 3, ECF No. 118.) Assuming that Plaintiff's twenty-two interrogatories did not include discrete subparts, Lopez was free to serve three additional interrogatories on each of the Defendants by May 7, 2012, without seeking leave of Court. Instead, Plaintiff submitted this Motion Requesting Permission to Submit Additional Interrogatory Questions [ECF No. 115], which was filed nunc pro tunc to May 1, 2012. In his Motion, Plaintiff does not explain why he served fewer interrogatories than allowed by the federal and local rules. Neither does he provide a reason for his delay in attempting to serve additional interrogatories. Furthermore, neither Lopez's Motion nor his Reply offer any information on how many proposed additional interrogatories he seeks to serve on Defendants, as required by the Civil Local Rule 33.1.
In his Motion Requesting Permission to Submit Additional Interrogatory Questions, Lopez argues that Defendants objected to all of the questions. (Pl.'s Mot. Requesting Permission Submit Addt'l Interrog. Questions 1, ECF No. 115). Lopez states that he is "not sure what he did wrong" and requests that the Court permit him to "correct" his interrogatories and resubmit them to Defendants. (Id.) In their Opposition, Defendants argue that Plaintiff has not established grounds for serving additional, untimely interrogatories because Defendants provided responses to the interrogatories Plaintiff served in January. (Defs.' Mem. P. & A. Opp'n Pl.'s Mot. Leave Serve Addt'l & Untimely Interrogs. 3, ECF No. 118.) Defendants attach their interrogatory responses, which indicate that Defendant Santoyo answered twenty-one of the twenty- two interrogatories,*fn3 and Defendant Robertson answered all twenty-two. (See id. Attach. #1, Decl. Kral, Exs. B, D.) Defendants contend that Plaintiff's Motion violates Civil Local Rule 33.1(a) because Lopez failed to identify the deficiencies in Defendants' responses and set forth his proposed interrogatories. (Defs.' Mem. P. & A. Opp'n Pl.'s Mot. Leave Serve Addt'l & Untimely Interrogs. 4, ECF No. 118.) They also allege that Lopez has not established good cause for serving additional interrogatories and that he failed to meet and confer with Defendants prior to filing the Motion. (Id.)
In his Reply, Lopez argues that he is unable to meet and confer with Defendants because he is incarcerated. (Reply 2, ECF No. 124.) He contends that it is "necessary and essential" that he propound additional interrogatories because he is otherwise unable to depose Defendants. (Id.) Finally, Lopez alleges that he has no access to the law library or to legal assistance; he lacks "knowledge in the law and court procedures[;]" and he has "difficulty understanding the discovery process." (Id.)
"In general, pro se representation does not excuse a party from complying with a court's orders and with the Federal Rules of Civil Procedure." Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86 F.3d 852, 856--57 (8th Cir. 1996) (citing Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994); Anderson v. Home Ins. Co., 724 F.2d 82, 84 (8th Cir. 1983)). Plaintiffs who represent themselves must abide by the rules of the court in which they litigate. Carter v. Comm'r, 784 F.2d 1006, 1008--09 (9th Cir. 1986); see also Bias v. Moynihan, 508 F.3d 1212, 1223 (9th Cir. 2007) (discussing the pro se litigant's violation of local rules). "[W]hile pro se litigants may be entitled to some latitude when dealing with sophisticated legal issues, acknowledging their lack of formal training, there is no cause for extending this margin to straightforward procedural requirements that a layperson can comprehend as easily as a lawyer." Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991); Cone v. Rainbow Play Sys., No. CIV 06--4128, 2008 U.S. Dist. LEXIS 17489, at *4 (D.S.D. Mar. 5, 2008) (explaining that pro se litigants must follow procedural rules).
In this case, Lopez had sufficient time to send out additional interrogatories after he received Defendants' responses on February 23, 2012. Even accepting Lopez's argument that he did not understand "what he did wrong regarding the interrogatory questions[,]" Plaintiff does not describe any action he took to correct his perceived mistakes after Defendants served their responses. If Plaintiff needed more time to serve his interrogatories, he could have requested an extension of the May 7, 2012 deadline for propounding discovery. (See Case Management Conference Order 2, ECF No. 104.) Instead, Lopez chose to wait until April 22, 2012, to file the current motion. "The decision whether to penalize a party for dilatory conduct during discovery proceedings is committed to the sound discretion of the trial court." Bollow v. Fed. Reserve Bank, 650 F.2d 1093, 1102 (9th Cir. 1981) (citing Fed. R. Civ. P. 37(a)(4); Marquis v. Chrysler Corp., 577 F.2d 624, 640 (9th Cir. 1978)). "A scheduling order is not a frivolous piece of paper, idly entered, which can be cavalierly disregarded by counsel without peril." Johnson, 975 F.2d at 610 (quotation omitted). "The use of orders establishing a firm discovery cutoff date is commonplace, and has impacts generally helpful to the orderly progress of litigation, so that the enforcement of such an order should come as a surprise to no one." Cornwell, 439 F.3d at 1027.
Even if the Court excuses Lopez's failure to timely seek permission to exceed the allowed number of interrogatories, he has not established good cause for serving more than twenty-five interrogatories. Lopez has not provided the Court with his proposed interrogatories. See S.D. Civil Rule 33.1(a). Plaintiff argues that he should be allowed to propound additional interrogatories because he is unable to depose defendants, and he lacks knowledge of the law. Yet, there is no indication that Lopez is subjected to burdens beyond those ordinarily imposed on incarcerated pro se litigants. Further, as discussed above, there is no evidence that Lopez was diligently working to meet his May 7 discovery deadline.
Despite his pro se status, Lopez is not entitled to any latitude for the untimeliness. See Ackra Direct Mktg. Corp., 86 F.3d at 856--57 (stating that pro se representation does not excuse a litigant from complying with court orders); Jourdan, 951 F.2d at 109 (explaining that although courts should liberally construe pro se plaintiffs' legal arguments, courts should strictly construe their compliance with procedural requirements); see also Carter, 784 F.2d at 1008--09 (noting that pro se plaintiffs must follow the rules of the court). Accordingly, Plaintiff's Motion Requesting Permission to Submit Additional Interrogatory Questions is DENIED.
Federal Rule of Civil Procedure 34 governs production of documents and provides, in pertinent part:
A party may serve on any other party a request within the scope of Rule 26(b):
(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control:
(A) any designated documents or electronically stored information-including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations-stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form . . . .
Fed. R. Civ. P. 34(a)(1)(A). Federal Rule of Civil Procedure 37(a)(1) allows a party to move for an order compelling disclosure or discovery. The rule provides that such a motion "must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action." Fed. R. Civ. P. 37(a)(1).
Lopez moves the Court for an order pursuant to Rule 37(a) compelling Defendants Santoyo and Robertson to produce the following documents: (1) "Request for Dental Treatment Log (RDTL) CDCR 7433" for July 1, 2006, through July 30, 2007; (2) "Daily Dental Treatment/Appointment Log (DDTAL) CDCR 7434" for July 1, 2006, through July 30, 2007; (3) "CDCR Dental Pharmaceutical Record Log" for July 1, 2006, through July 30, 2007; and (4) "Written Minutes recorded by the OT of all Committee (D.A.R., M.A.R., H.C.R.C.) Meetings" from November 1, 2006, through March 1, 2007. (Pl.'s Mot. Order Compelling Disc. 1-2, ECF No. 120.) Plaintiff contends that he submitted a written request for these documents on February 1, 2012, and allowed Defendants six additional weeks to produce them. (Id. at 2.) Lopez alleges that on April 21, 2012, he sent a letter to Defendants' counsel informing him that Plaintiff had not received the documents. (Id.; id. Ex. A.) He received no response. Subsequently, Lopez sent another letter to Defendants regarding the requested documents. (Id. Ex. B.) He did not receive a response to his second letter. (Pl.'s Mot. Order Compelling Disc. 3, ECF No. 120.) Lopez contends that he has in good faith attempted to confer with Defendants prior to filing this Motion. (Id.)
In their Opposition to Plaintiff's Motion, Defendants contend that the requested documents were not specifically mentioned in Lopez's original request for production served on Defendants on January 30, 2012. (Defs' Opp'n Pl.'s Mot. Compel 5, ECF No. 126.) Defendants argue that although they produced over 430 pages of documents in response to Lopez's original request, Plaintiff subsequently sought four additional documents. (Id.) Defendants argue that because Lopez's initial request was vague and overbroad, any further production would be unduly burdensome. (Id. at 2.) Defendants also oppose the Motion on the following grounds: (1) The requested documents are no longer maintained by the CDCR; (2) production would violate the Health Information Portability and Accountability Act; (3) requested documents are not relevant to Lopez's case; and (4) the request for production violates California Evidence Code section 1157 and the federal privilege of critical self-analysis. (Id.)
1. Availability of Documents
Defendants argue that the Court should deny the motion to compel production of documents requested by Lopez because the requested items no longer exist. Defendants allege that their investigation revealed that documents responsive to requests numbers 1 through 4 were purged by CDCR prior to 2010. (Id. at 6.) Defendants submitted a declaration from Christina Castro, a CDCR office technician responsible for scheduling inmate-patients dental treatment. (Id. Ex. H, Decl. Castro.) Ms. Castro states that in August 2010, the CDCR implemented new procedures for maintenance of inmate dental records that required most records to be kept for only three years. (Id. at 1.) Castro alleges that the written minutes, the request for dental treatment log, the dental treatment/appointment log, and the pharmaceutical record log requested by Lopez are no longer available because they had been purged pursuant to the new policy. (Id. at 2.) Castro also states that the relevant information about Plaintiff's treatment is available in Lopez's medical records. (Id.)
In his Reply, Plaintiff challenges Ms. Castro's declaration and argues that the records he seeks may still exist. (Pl.'s [Reply] to Defs.' Opp'n 6, ECF No. 130.) Lopez points out that Defendants failed to produce the updated 2010 manual which allegedly shortens the time for record keeping to three years. (Id.) Instead, they turned over copies of the 2006 and 2007 CDCR Dental Policies and Procedures Manual, both of which mandate that certain dental records be kept for a period of five years. (Id. Exs. D, E.) Lopez argues that this indicates bad faith on Defendants' part. (Pl.'s [Reply] to Defs.' Opp'n 6, ECF No. 130.) Additionally, Lopez contends that the information sought is not contained in his medical file. (Id. at 10-11.)
"'Document retention policies,' which are created in part to keep certain information from getting into the hands of others, . . . are common in business," and are lawful "under ordinary circumstances." Arthur Andersen LLP v. United States, 544 U.S. 696, 704 (2005). Litigants, however, are under a duty to preserve "what [they know], or should know, is relevant in the action, is reasonably calculated to lead to the discovery of admissible evidence, is reasonably likely to be requested during discovery and/or is the subject of a pending discovery request." Zubulake v. UBS Warburg LLC, 220 F.R.D. 212, 217 (S.D.N.Y. 2003). The duty extends to "any documents or tangible things . . . made by individuals 'likely to have discoverable information that the disclosing party may use to support its claims or defenses.'" Id. at 217--18 (quoting Fed. R. Civ. P. 26(a)(1)(A)).
The duty to preserve begins when a party reasonably should have known that the evidence is relevant to anticipated litigation. See In re Napster, Inc. Copyright Litig., 462 F. Supp. 2d 1060, 1067 (N.D. Cal. 2006). As soon as a potential claim is identified, a litigant is under a duty to preserve evidence which it knows or reasonably should know is relevant to the action, is reasonably calculated to lead to the discovery of admissible evidence, is reasonably likely to be requested during discovery, or is the subject of a pending discovery request. Id.; Wm. T. Thompson Co. v. Gen. Nutrition Corp., 593 F. Supp. 1443, 1445 (C.D. Cal. 1984).
Spoliation of evidence is defined as "the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation." United States v. Kitsap Physicians Serv., 314 F.3d 995, 1001 (9th Cir. 2002). A party's destruction of evidence is considered "willful" if the party "has some notice that the [evidence was] potentially relevant to the litigation before [it was] destroyed." Leon v. IDX Sys. Corp., 464 F.3d 951, 959 (9th Cir. 2006) (internal citation omitted). "Once the duty to preserve attaches, a party must 'suspend any existing policies related to deleting or destroying files and preserve all relevant documents related to the litigation.'" Brooks v. Felker, No. 2:08--cv--2512 KJM KJN P, 2011 U.S. Dist. LEXIS 61825, at *1-2 (E.D. Cal. June 9, 2011) (citation omitted).
Plaintiff initiated this litigation in 2009, and Defendants were on notice of Lopez's claims as early as October of 2009. (See Defs.' Ex Parte Appl. Extension Time File Initial Responsive Pleading, ECF No. 13 (filed Oct. 30, 2009).) Defendants allege that the new policy and procedures for inmate dental services were implemented in August of 2010; subsequently, the records Lopez seeks were "purged pursuant to the policy." (Defs' Opp'n Pl.'s Mot. Compel Attach. #2, Ex. H, Decl. Castro 1-2, ECF No. 126.)
The 2010 change in the record keeping policy does not excuse Defendants' failure to retain records relevant to this case. As noted above, parties are under an obligation to preserve all documents and evidence that may be relevant to pending litigation. Defendants had a duty not to purge records even after implementing the 2010 policy. Because they were on notice of Lopez's claims as early as 2009, whether evidence was intentionally destroyed, the likely contents of that evidence, and the appropriate trial sanction are questions for another day. See Fujitsu Ltd. v. Federal Exp. Corp., 247 F.3d 423, 436 (2d Cir. 2001).
2. Relevance of the Requested Documents
Defendants Santoyo and Robertson argue that the Court should deny Lopez's request because the documents he seeks do not contain any information relevant to any claim or defense in this case. (Defs.' Opp'n Pl.'s Mot. Compel Attach. #1 Mem. P. & A. 11, ECF No. 126.) They state that the information sought by Plaintiff, such as when Lopez requested dental treatment, when his appointments were made, what medicine he may have received, and what recommendations were made by dental staff, is available to Plaintiff by examining his own medical records. (Id.)
Lopez replies that the information he seeks is relevant to proving his claim for deliberate indifference to his medical needs because it would demonstrate when Defendants learned about Plaintiff's condition, what medication was prescribed, and when his surgery was approved. (Pl.'s [Reply] to Defs.' Opp'n 8, ECF No. 130.) Further, Plaintiff contends the information he seeks is not available in his medical file. (Id. at 10-11.)
With respect to document request number one, Plaintiff explains that he needs the CDCR Form 7433, Request for Dental Treatment Log, to show when Defendants received his CDCR Form 7362, Health Care Services Request Form. (Id. at 8.) Although Lopez alleges that he submitted a request on July 26, 2006, Defendant Santoyo claims in his response to an interrogatory that the request did not reach him until November 1, 2006. (Id.) Plaintiff argues that the log will show when his request was received, and is therefore essential to show that Defendant Santoyo was aware of Plaintiff's condition earlier than November 1, 2006. (Id.)
As to the document request number two, the CDCR Form 7434, Daily Dental Treatment/Appointment Log, Lopez argues that the document will show when his request reached Defendant Santoyo, and when Santoyo scheduled Lopez's dental appointment. (Id. at 8-9.) He contends that obtaining the appointment log is necessary, because Plaintiff disputes that Santoyo scheduled Lopez's appointment according to the priority designation. (Id. at 9.) The information in the logs relates to the parties' dispute regarding when Defendant Santoyo became aware of Lopez's request for dental care. Because when Santoyo learned about Lopez's need is at issue with regard to the deliberate indifference claim, the information in the logs is relevant.
Lopez also seeks production of the CDCR dental pharmaceutical log that lists medications prescribed and given to Plaintiff along with the dates and Defendants' signatures. The information in this log is relevant because Lopez claims he was denied pain medication and disputes what medication he actually received. (Id. at 9.)
Finally, Lopez seeks the written minutes recorded by OT of all Committee (DAR, MAR, HCRC) Meetings from November 1, 2006, to March 1, 2007. Plaintiff argues during the monthly meetings, committee members approve all inmate surgeries and discuss any unresolved issues, such as delays in approved treatment. (Id. at 10.) Plaintiff alleges these records will show that Defendant Robertson, as a committee member, participated in approving Lopez's surgery on November 1, 2006. Defendants claim that Robertson was not aware of any grievances regarding Plaintiff's wisdom teeth until April 23, 2007. (See Defs.' Mot. Summ. J. &/or Summ. Adjudication Attach. #1, Mem. P. & A. 9, ECF No. 131.) Lopez argues that the delay in his surgery was discussed in subsequent committee meetings, and therefore the records will prove that Robertson was put on notice of the delay prior to April of 2007. (Pl.'s [Reply] to Defs.' Opp'n 10, ECF No. 130.) The information in the minutes is relevant to Lopez's claim of deliberate indifference to his serious medical needs against Defendants.
3. Privileges
Defendants argue that the Court should deny Plaintiff's Motion to Compel production of the written minutes from prison medical and dental committee meetings because the records are protected by California law. (Defs.' Opp'n Pl.'s Mot. Compel Attach. #1 Mem. P. & A. 9, ECF No. 126.) Specifically, Santoyo and Robertson assert that the peer review privilege found in California Evidence Code section 1157 applies. (Id.) Lopez replies that Defendants may not assert a state law privilege in this federal lawsuit and that, in any event, section 1157 contains an exception for statements made by parties to an action. (Pl.'s [Reply] to Defs.' Opp'n 11-12, ECF No. 130.)
In civil rights cases brought under federal statutes, questions of privilege are resolved by federal law. Kerr v. United States District Court, 511 F.2d 192, 197 (9th Cir. 1975). "State privilege doctrine, whether derived from statutes or court decisions, is not binding on federal courts in these kinds of cases." Kelly v. City of San Jose, 114 F.R.D. 653, 655--56 (N.D. Cal. 1987). Plaintiff brought this case under a federal statute, 42 U.S.C. § 1983, and it is well settled that "questions of evidentiary privilege arising in the course of the adjudication of federal rights are governed by the principles of federal common law." Miller v. Pancucci, 141 F.R.D. 292, 297 (C.D. Cal. 1992) (citing United States v. Zolin, 491 U.S. 554 (1989)); see also Fed. R. Evid. 501.
Defendants also argue that the written minutes should not be produced because the federal privilege of critical self-analysis prevents the disclosure of self-evaluative material where the public need for confidentiality outweighs the need for discovery. (Defs.' Opp'n Pl.'s Mot. Compel Attach. #1 Mem. P. & A. 9-10, ECF No. 126.)
The "self-critical" analysis privilege invoked by defendants has not been recognized by the Ninth Circuit. Union Pac. R.R. Co. v. Mower, 219 F.3d 1069, 1076 n.7 (9th Cir. 2000); Dowling v. Am. Hawaii Cruises, Inc., 971 F.2d 423, 426 (9th Cir. 1992). In addition, it does not appear that California has recognized that privilege. Cloud v. Superior Court, 50 Cal. App. 4th 1552, 1559, 58 Cal. Rptr. 2d 365, 369 (1996) (naming thirteen privileges recognized in the California Evidence Code, the self-critical analysis privilege not among them). Kenney v. Superior Court, 255 Cal. App.2d 106, 63 Cal. Rptr. 84 (1967), is cited by Defendants for the proposition that a critical self-analysis privilege is similar to the privilege created by Evidence Code section 1157 for health care professional review committees. There is no similar provision that would apply to Defendants' records. Furthermore, Kenney was decided on the basis of attorney work product, not critical self-analysis. Id. at 112.
The self-critical analysis privilege would be inapplicable to this case because the four elements of the "self-critical" analysis privilege are not met. First, the information must result from a critical self-analysis undertaken by the party seeking protection. Dowling, 971 F.2d at 426. Second, the public must have a strong interest in preserving the free flow of the type of information sought. Id. Third, the information must be of the type whose flow would be curtailed if discovery were allowed. Id. Finally, in order for the privilege to apply, the document must be prepared with the expectation that it would be kept confidential, and has in fact been kept confidential. Id.
Defendants also cite In re Air Crash Near Cali, Colombia on Dec. 20, 1995, 959 F. Supp. 1529, 1533 (S.D. Fla. 1997), and suggest that a critical analysis privilege is "often asserted when disclosure would have a chilling effect." (Defs.' Opp'n Pl.'s Mot. Compel Attach. #1 Mem. P. & A. 10, ECF No. 126.) The case, however, does not support Defendants' position. There, the court stated, "[W]e decline to recognize any self-critical analysis privilege under the facts and circumstances of this case." Id.
For these reasons, the Court will not apply the self-critical analysis privilege to the written committee minutes requested by Lopez. Accordingly, Defendants may not withhold the requested information on this basis.
4. Defendants' Other Objections
Defendants argue that the Court should deny Lopez's Motion to Compel because his requests in the April 21, 2012 letter are vague and overbroad. (Defs.' Opp'n Pl.'s Mot. Compel Attach. #1 Mem. P. & A. 5-6, ECF No. 126.) Plaintiff replies that Defendants' response to his letter, dated May 16, 2012, does not raise these objections. (Pl.'s [Reply] to Defs.' Opp'n 7, ECF No. 130.)
Plaintiff's April 21, 2012 letter does not contain a time period for three out of four requests. (See Mot. Order Compelling Disc. Ex. A, ECF No. 120.) The fourth item identified in the letter, minutes of specified committees, is for the period from November 1, 2006, through March 1, 2007. (Id.) In his Motion, however, Lopez specifies that he is seeking the logs for the time period beginning on July 1, 2006, and ending on July 30, 2007. (Mot. Order Compelling Disc. 1-2, ECF No. 120.)
Defendants Santoyo and Robertson also oppose Plaintiff's Motion to Compel on the ground that Lopez's requests violate laws regulating the privacy of medical records. (Defs.' Opp'n Pl.'s Mot. Compel Attach. #1 Mem. P. & A. 7, ECF No. 126.) They allege that because Lopez seeks logs which contain dental and medical records of other inmates, disclosure of their confidential medical information violates the Health Information Portability And Accountability Act, 42 U.S.C. § 1320d et. seq. ("HIPAA"). (Id. at 10.)
Defendants do not dispute Plaintiff's right to access his own medical records. Lopez contends he is only seeking information regarding his treatment and medication during the complaint period. (Pl.'s [Reply] to Defs.' Opp'n 11, ECF No. 130.) Plaintiff also points out that the Court may order the documents to be redacted to the extent they refer to individuals other than Plaintiff. (Id. at 8.) Accordingly, the Court will grant Plaintiff's request with regard to the entries in the logs that refer to Lopez only.
For the reasons discussed above, Lopez has not established good cause for permitting him to file additional and untimely interrogatories. Consequently, Lopez's Motion Requesting Permission to Submit Additional Interrogatory Questions is DENIED. Plaintiff's Motion for an Order Compelling Discovery is GRANTED. Defendants may redact identifying information of other inmates, such as inmate name or number, from the documents. Defendants are ordered to comply with the Court's Order by November 26, 2012.
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text: Porsche Carrera GT The Car NutApril 27, 2016886 viewsPorscheSupercar886 views 0 Porsche Carrera GTReleased at the 2003 Geneva Auto Show, Porsche's Carrera GT was a final production version of the concept car first seen at the 2001 Paris Auto Salon. It was Porsche's first limited production supercar since 959 production stopped in 1988. At the time of launch, it was one of the few available products that rivaled the Ferrari Enzo. Unlike the 911, which carried the company for four decades, the Carrera GT was complete bottom up design. Its styling was thankfully unchanged from Paris show car and departed from the traditional Porsche shape which the 959 couldn't escape.Motivation for the Carrera GT came directly from Porsche's successful motor sports program and the Porsche WSC-95 Le Mans prototype. After winning Le Mans twice in 1996 and 1997, Porsche revived an old V10 engine for the 1999 season but it was shelved only two days into track testing. Fortunately, the 5.5 liter V10 was used in a one-of 2001 Paris Auto Salon concept car which was received well enough for production to begin two years later. Final Assembly commenced at Porsche's Leipzig plant and the car sold with an MSRP of $440,000 USD, $515,000 CAD, or €390,000.Under the skin, the car used many modern hallmarks of motor sport engineering: a carbon fiber chassis, dry sump lubrication, inboard suspension and a mid-mounted engine that was engineered to sit as low as possible to ground. Careful attention was also paid to under tray airflow which could be managed better than the rear-engine 911.A new V10Porsche's V10 engine can trace its roots back to a unit developed in secret by Porsche for the Footwork Formula One team. This development halted in 1992, but was resurrected for a WSC-95 successor that was never completed. Bored out to 5.5 liters, this unit then found its way into the Carrera GT Prototype. When production commenced, it was modified by Porsche engineers to ensure more power and reliability. Such revisions included a larger displacement which offered more torque and driveability.This engine is placed in the middle of the chassis in a three-point carbon subframe. This is unlike Paris Show Car which featured its V10 as a load bearing structure within the chassis. Had Porsche not used a subframe, noise leakage and vibration would have hampered interior comfort. The intake system is equipped with Porsche's VarioCam technology found on the current 996 range. VarioCam continuously adjusts the angle of the intake camshaft to optimize performance and output. Making the engine as light as possible was a primary goal. A light alloy crankcase and titanium connecting rods help the engine have a weight of 452 lbs (205 kg). Compare this to the Enzo's V12 weighing in at 496 lbs (225 kg).6-Speed with a Ceramic ClutchPower is transferred to the rear wheels through a newly developed six-speed manual transmission. Attached is a special clutch which has a reduced size and weight. Called Porsche Ceramic Composite Clutch (PCCC), this two-plate clutch is made of ceramic composites. Such materials not only help reduce the rotational masses of the clutch by a factor of ten, but offer less wear than conventional material. Combined with a lightweight flywheel, rotational mass of the engine is exceptionally light.Another highlight of this clutch is its short diameter of only 6.5 inches (165 mm). At such a height, the transmission and engine are very short and mounted low in the chassis. Just how low? Well the crankshaft rotates just 4.0 inches (102 mm) from the floor and the transmission actually sits lower than the rear differential.CFP ChassisProviding a basis for the Carrera GT is a carbon fiber monocoque with carbon-fiber-reinforced plastic (CFP) sub frames. Among the carbon body and carbon frame, metal pieces are few and far between. For instance on the chassis, the front rails, a-post inserts, fuel cell and suspension are the only major non-carbon elements.The chassis is manufactured by the ATR Composites Group. They are specialist Italian carbon fiber manufacturer which coincidentally make the tubs for the Ferrari Enzo. Production at ATR is two complete chassis per day.A carbon rear sub frame isolates the entire drive train and rear suspension from the chassis. Having the engine completely supported CFP materials is new concept to production car manufacturing. It was concept developed by Porsche's Motor Racing Division and is subject to patent. Suspension elements include double wishbones with inboard damper and springs on all four wheels. The inboard dampers and springs are actuated by pushrod and dampers like the setup used by every Formula One constructor.Braking on all four corners is executed by the capable Porsche Ceramic Composite Brake (PCCB) system and for the first time on fifteen inch rotors. Consisting of ceramic discs and composite pads, the system is lightweight and resistant to corrosion. PCCB reduces the unsprung weight of the braking system by fifty percent. Four channel ABS comes standard.Attached to the braking system are forged magnesium wheels which weigh less than the tires wrapped around them. Michelin makes the only tire approved for the Carerra GT. They feature a soft compound rubber on the outer one third of the tread. It is suggested by Porsche that these tires need replacement every 15000 miles.AerodynamicsA large rear wing provides down force at the rear of the car. As the car reaches 75 mph (120 km/h) it electro-hydraulically raises an additional 6 inches (16 cm) for increased stability. At top speed the combined down force of the front and rear wheels total 639 pounds (290 kgs).Apart from the wing, most of the Carrera GT's down force comes from its under tray. The entire tray is manufactured from carbon fiber and is attached to the chassis, engine mounts and crash structure. Creating down force with such a device is efficient as it does not impair the car's drag coefficient. A diffuser and air flow ducts provide additional ground effect.Further aerodynamic attention is applied to the lower wishbones. They are made of efficiently shaped steel tubes which do not interfere with the aerodynamics underneath the car.ElectronicsTo ensure control under all situations, the Carrera GT has a four channel anti-lock braking system and anti-spin control (ASC) to prevent excessive wheel spin. Traction control is standard. 'Should he/she wish to enjoy the thrill of dynamic driving of the highest racing standard the driver can switch off the complete traction control function by pressing a button in the centre console.' says Porsche.ComfortPorsche describe the Carrera's clean interior as a function-oriented ambience and a cockpit free of all extraneous detail. Only high-tech materials such as carbon, magnesium and leather adorn most surfaces.Information is clearly presented in a classic Porsche instrument cluster which replaces the LCD screen featured on the concept car. The car also uses the 911 steering wheel which doesn't follow the F1 trend to stick as many functions on the wheel as possible. This old-school approach is a refreshing change, contributing to the GT's ambiance and ensuring it will remain a timeless design. Extending into the dash is a centre console covered in magnesium. Attached sits a birch/ash shifter which is the only piece of wood found in this carbon-laden car. It specifically pays homage to Porsche's 917 which sported a balsa-wood gear lever. Balsa was the optimum material for the job, it was extremely light, but most importantly added to the character of the 917.Amenities such a Bose stereo system and air conditioning are optionally offered.For closed top driving, two carbon fiber panels can be attached to the roof. At a low weight of just 6.4 lbs (2.4 kgs) each, these panels are easily removable and can be stored in the front luggage compartment.Enzo vs CarreraComparison between the Carrera GT and Ferrari Enzo is inevitable. Both entered the market at the top of the product range and both place heavy emphasis on driver-oriented driving, but each executes this philosophy in a different way.Where the Enzo has three driving modes, and a huge bevy of electronic systems, the Carrera is stripped down to basic performance. This is largely due to the fact that the Carrera only has a 6-Speed Manual whereas the Enzo is equipped with a paddle-shift, computer controlled, 6-speed sequential. Getting back to basics is somewhat cheaper, since the Carrera GT was $444,400 when new compared to the $660 000 USD Enzo.With regards to pure performance, the Enzo does have 48 more horsepower (35.8 kW), and weighs 33 lbs (15 kgs) less which would make it win on any straight. The Carrera GT on the other hand, offers much more down force and might possibly catch up in the turns. In any case, if either car is superior, the margin is so narrow that it's more a question of driver skill.ConclusionDespite announcing a total production of 1500 units, only 1270 came from the factory in Saxony. Porsche stopped after airbag regulations changed in the US. It is also important to mention that the Carrera GT wasn't meant to become the fastest road legal supercar. Had Porsche tried to chase the McLaren's performance figures, production (planned at 1500 cars), profitability and comfort would have suffered.Most cars came in the standard colors of Guards Red, Fayence Yellow, Basalt Black, GT Silver or Seal Grey, but custom colors were available.Sources & Further ReadingDavis, Matt. 'Porsche Carrera GT'. Octane, December 2003. Harris, Chris. 'The Dazzling Carrera'. Autocar, September 2003. Kacher, Georg. 'The Porsche We've All Been Waiting For'. CAR. Meaden, Richard. 'Super Ferry Animal'. EVO, November 2003. Simister, John. 'Gunning for Enzo'. EVO. Stout, Pete. 'Porsche's Pinnacle'. Excellence, December 2003.Porsche Carrera GT Images GTTECHPH Porsche Carrera GT VideosIn DetailtypeSeries Production Carproduction years2003 – 2007built atLeipzig, Germanyproduction1270price $$ 440,000price £/td>£323,000predeccesor1998 Porsche 911 GT1 '98 Straßenversionsucceccesor2013 Porsche 918 SpyderengineAluminum, 68 Degree, Water Cooled V10 w/Dry Sump LubricationpositionMid LongitudinalaspirationNaturalvalvetrainDOHC 4 Valves per Cyl w/VarioCamfuel feedSequential Multi-Point Fuel Injectiondisplacement5733 cc / 349.8 in³bore98 mm / 3.86 instroke76 mm / 2.99 incompression12.0:1power451.2 kw / 605 bhp @ 8000 rpmspecific output105.53 bhp per litrebhp/weight438.41 bhp per tonnetorque589.78 nm / 435 ft lbs @ 5750 rpmredline8400body / frameCarbon Fibre Body over Carbon Fiber Reinforced Plasitc Framedriven wheelsRWD w/ASR 5.7, LSDfront tires265/35ZR19 Michelin Pilot Sport 2rear tires335/30ZR20 Michelin Pilot Sport 2front brakesInternally Vented & Cross Drilled Ceramic Composite Discs w/6-Piston Calipers, ABSrear brakesInternally Vented & Cross Drilled Ceramic Composite Discs w/6-Piston Calipers, ABSfront wheelsF 48.3 x 24.1 cm / 19 x 9.5 inrear wheelsR 50.8 x 31.8 cm / 20 x 12.5 insteeringRack & Pinion w/Power Steeringf suspensionDouble Wishbones w/Inboard Springs & Damperser suspensionDouble Wishbones w/Inboard Springs & Damperscurb weight1380 kg / 3042 lbswheelbase2730 mm / 107.5 infront track1612 mm / 63.5 inrear track1587 mm / 62.5 inlength4613 mm / 181.6 inwidth1920 mm / 75.6 inheight1166 mm / 45.9 intransmission6-Speed Manualtran clutchTwo-Plate Ceramic Dry Clutchgear ratios3.20:1, 1.87:1, 1.07:1, 0.90:1, 0.75:1final drive4.44:1top speed~329.9 kph / 205 mph0 – 60 mph~3.9 seconds0 – 100 mph~7.1 seconds0 – 1/4 mile~11.4 seconds0 – 100 kph~3.7 secondsfuel capacity92 litres or 24.29 gal. 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Molecular Aspects of Plant Disease Resistance
Edited by Jane Parker
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Molecular Aspects of Plant Disease Resistance by Jane Parker
Book DescriptionIn recent years, our understanding of the mechanisms involved in a plant's resistance to attack by disease, has seen major advances. This important new title, part of Blackwell Publishing's Annual Plant Reviews Series, provides cutting edge reviews of each of the major aspects of the subject . Edited by Dr Jane Parker from the Max-Planck Institute, Molecular Aspects of Plant Disease Resistance includes contributions from many of the world's leading researcher in the area. Coverage includes the evolution of plant-virus interactions and plant resistance loci, the role of plant secondary metabolites, plant systemic resistance, oomycete genomics, intracellular immune receptors, transcriptional reprogramming, fungal biotrophy, chemical ecology of plant-insect interactions, bacterial Type III effectors and host perception of PAMPs This exciting book is essential reading for all those involved in plant-pathogen interactions including plant and agricultural scientists, molecular biologists and microbiologists.
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Book DetailsISBN: 9781405175326
(243mm x 167mm x 27mm)
Pages: 400
Imprint: Wiley-Blackwell (an imprint of John Wiley & Sons Ltd)
Publisher: John Wiley and Sons Ltd
Publish Date: 24-Oct-2008
Country of Publication: United Kingdom
Books By Author Jane Parker
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Features fun-to-do experiments for kids. Shown step by step, this book includes 16 projects that help children to learn about science by conducting their own experiments. It introduces and explains very simple ideas in physics, chemistry and biology: light and shade, water, weather, sound, and everything children can see, touch and hear.
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Combining learning and play, this book is designed to introduce young children to nature study with practical examples. It includes projects such as bark and leaf rubbings, a miniature pond, a book of pressed flowers, and Alf and Freda the alfalfa sprouts. Each project is accompanied by an illustrated list of materials and tips on safety.
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Dr Jane Parker is a Group Leader in the Department of Plant-Microbe Interactions at The Max-Planck Institute of Plant Breeding Research, Cologne and Associate Professor at The Institute of Genetics, University of Cologne, Germany.
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I Love You (aishiteru)
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I Love You in Japanese is 愛してる which is read aishiteru.
The Japanese phrase "aishiteru" is actually just a verb 愛してる (read aishiteru) which literally means "loving". Notice that both the subject and the object are omitted. Japanese is classified as a "pro-drop" (pronoun drop) language where the pronouns are commonly omitted. Here the "I" and the "You" are self-evident and so omitted. Hence the Japanese do not say "I love you" they actually say "loving" or aishiteru.
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Event: Rani Mukerji, Abhishek Bachchan, Abhay Deol, Vyjanthimala, Dharmendra and many other Bollywood celebs attended Hema Malini's daughter Esha Deol's wedding with Bharat Takhtani.
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Skip to comments.Teacher orders boy, 10, to remove Help for Heroes wristband worn in memory of Lee Rigby
Posted on 03/12/2014 8:08:34 AM PDT by KeyLargo
Teacher orders boy, 10, to remove Help for Heroes wristband worn in memory of Lee Rigby 'because it might cause offence'
By Mark Duell
PUBLISHED: 04:33 EST, 12 March 2014
A teacher allegedly ordered a 10-year-old boy to take off his Help for Heroes wristband because it could cause offence.
Tracy Tew was shocked when her son Charlie was put on a report card at Maldon Primary School in Essex after he refused to take off the charity rubber bracelet sold to honour injured soldiers.
Charlie wears the wristband - bought at the Colchester Military Festival - in honour of murdered solider Lee Rigby and service personnel in his family, including his great-granddad and uncle.
(Excerpt) Read more at dailymail.co.uk ...
Tracy Tew's son Charlie was put on report card at Maldon Primary School
Refused to take off charity rubber bracelet sold to honour injured soldiers
Charlie wears item in honour of Rigby and service personnel in his family
Mrs Tew, 38, says: 'We are really proud of Charlie for sticking to his guns'
Essex school insists wearing any wristband is against its jewellery policy
H4H 'haven't heard of any health and safety incident connected to them'
'because it might cause offence'
The dumb teacher brought MORE attention to it by objecting to it...
It's becoming time to "offend back" the Obamaholes who are "offended".
They get offended.
We out offend them by 10 dB. (Look it up, libtards.)
England is case in point. Abandon God and the pagans will fall against you, just ask the Ancient Israelites. Muslims now run the UK, and they'll be setting up pedophile summer camps in the fall.
Muzzy Common Core type schools can't have an infidel reminding the public that their kind ran a soldier down and then proceeded to stab and hack him to death with blades. No, no that's politically incorrect to accuse your Muslim brethren of doing that when it was viewed by witnesses in public areas.
Active defiance is needed. Refuse to comply.
Islam is evil and must be eradicated
I'd beat that heifer with a frying pan.
When I was in elementary school, kids had Vietnam POWs bracelets, then again, we didn't have the right not to be offended but none of us knew anything about Vietnam either.
I get the feeling that today, teachers force their views on kids so kids know GWB was evil and Odinga is their master.
When will we start telling these idiots:
Can teachers be removed for being offensive?
Goodness gracious, not to give "offense".
Especially to the homocidal maniacs who are Muslims and recent imports to Old Blighty.
I wish Alfred the Great, or Longshanks, or some other REAL Briton could arise from the grave, expel all those monsters and deal with his own people who have become so pusillanimous and cowardly.
Anything that is patriotic or supports Western culture is "Offensive" to immigrants. What does it say about the immigrants?
"because it could cause offence"
Perhaps the teacher "offended" the boy by telling him to remove it? Do you think that stupid twit thought of THAT?
Yeah, might as well give 'em a real reason. If that was me in the 4th or 5th grade, I might have told the teacher to "eat me".
'Could cause offence': Tracy Tew was shocked when her son Charlie was put on a report card at Maldon Primary School in Essex after he refused to take off the charity rubber bracelet sold to honour injured soldiers
I read the whole article, at the beginning it says something about someone (and never says who) might be offended. Then later the article quotes the Headteacher Tracy Thornton insisted wearing wristbands is against the schools jewellery policy.
So which one is it? Apparently they can't get their stupid reasons together.
Eradication of Islam will first require the nuclear obliteration of Mecca, the Kaaba, the cursed Black Stone (which is nothing but pieces), the Grand Mosque; followed by the Dome of the Rock, Al-Aqsa mosque, the cities of Qom & Qarbala (where pious muzzies bloody themselves) & the cave of the Twelfth Imam.
Just for starters. Muzzies mean to conquer the world even if by murdering one "infidel" at a time. They'll never stop.
Would love to see a headline in the Daily Mail "Muslim attackers beaten to death by angry counterattackers shouting `Drummer Rigby!'".
Liberalism IS a mental disorder.
So the boy is honoring an innocent person murdered by a subhuman bearded savages, and is disciplined.
The school has taken the side of the humanoid fanatical murderer.
And in other news.
Judge sets hearing on request to drop some charges against Boston Marathon bombing suspect
Published March 12, 2014
| Associated Press
BOSTON A hearing on a request to dismiss some of the charges against the surviving Boston Marathon bombing suspect will be held a year and a day after the deadly blasts.
Dzhokhar Tsarnaev (joh-HAHR' tsahr-NEYE'-ehv) also wants a judge to lift special restrictions placed on him while he awaits trial.
The teacher has NO right to object to something like a bracelet unless ALL children are forbidden to wear bracelets.
The only person "offended" was this Muslim-loving teacher.
because they do have a school policy, this is all the teacher should have said... she was dumb to say anything about it possibly causing offence... all she had to do was enforce the school policy...
all children are forbidden... other than watches and tiny studs, no jewelry is allowed... including wristbands... according to the article...
It's expected. It's the UK after all.
Good for him. A well educated and smart boy. Stand defiant in the face of idiocy.
There is functionally no difference between a rubber wrist band and a wrist watch. In fact, a watch is more dangerous because it wouldn't stretch if caught on a fixed object. The "safety" argument is pure liberal BS.
I'm offended that there might be offense to it. Apparently "no speech" for some equals "free speech" for others in their tyrannical little minds.
a cast iron one
You read the abuses every day.
Cinco de Mayo - no American Flag shirts allowed
Kid with knife in emergency kit, locked in car - expelled.
Make a gun with your finger - suspended, put on FBI watch list.
and on and on!!
This teacher should be fired.
Indeed it is.
Chapter 3 Liberalism Is a Sin
Liberalism, whether in the doctrinal or practical order, is a sin. In the doctrinal order, it is heresy, and consequently a mortal sin against faith. In the practical order, it is a sin against the commandments of God and of the Church, for it virtually transgresses all commandments. To be more precise: in the doctrinal order, Liberalism strikes at the very foundations of faith; it is heresy radical and universal, because WITHIN IT ARE COMPREHENDED ALL HERESIES. In the practical order it is a radical and universal infraction of the divine law, since it sanctions and authorizes all infractions of that law.
Liberalism is a heresy in the doctrinal order because heresy is the formal and obstinate denial of all Christian dogmas in general. It repudiates dogma altogether and substitutes opinion, whether that opinion be doctrinal or the negation of doctrine. Consequently, it denies every doctrine in particular. If we were to examine in detail all the doctrines or dogmas which, within the range of Liberalism, have been denied, we would find every Christian dogma in one way or another rejectedfrom the dogma of the Incarnation to that of Infallibility.
Nonetheless Liberalism is in itself dogmatic; and it is in the declaration of its own fundamental dogma, the absolute independence of the individual and the social reason, that it denies all Christian dogmas in general. Catholic dogma is the authoritative declaration of revealed truthor a truth consequent upon Revelationby its infallibly constituted exponent [the Pope]. This logically implies the obedient acceptance of the dogma on the part of the individual and of society. Liberalism refuses to acknowledge this rational obedience and denies the authority. It asserts the sovereignty of the individual and social reason and enthrones Rationalism in the seat of authority. It knows no dogma except the dogma of self-assertion. Hence it is heresy, fundamental and radical, the rebellion of the human intellect against God.
It follows, therefore, that Liberalism denies the absolute jurisdiction of Jesus Christ, who is God, over individuals and over society, and by consequence, repudiates the jurisdiction which God has delegated to the visible head of the Church over each and all of the faithful, whatever their condition or rank in life. Moreover, it denies the necessity of divine Revelation and the obligation of everyone to accept that Revelation under pain of eternal perdition. It denies the formal motive of faith, viz., the authority of God revealing, and admits only as much of revealed doctrine as it chooses or comprehends within its own narrow capacity. It denies the infallible magistracy of the Church and of the Pope, and consequently all the doctrines defined and taught by this divine authority. In short, it sets itself up as the measure and rule of faith and thus really shuts out Revelation altogether. It denies everything which it itself does not proclaim. It negates everything which it itself does not affirm. But not being able to affirm any truth beyond its own reach, it denies the possibility of any truth which it does not comprehend. The revelation of truth above human reason it therefore debars at the outset. The divinity of Jesus Christ is beyond its horoscope. The Church is outside its comprehension. The submission of human reason to the Word of Christ or its divinely constituted exponent [the Catholic Church, especially the Pope] is to it intolerable. It is, therefore, the radical and universal denial of all divine truth and Christian dogma, the primal type of all heresy, and the supreme rebellion against the authority of God and His Church. As with Lucifer, its maxim is, "I will not serve." Such is the general negation uttered by Liberalism. From this radical denial of revealed truth in general naturally follows the denial of particular dogmas, in whole or in part (as circumstances present them in opposition to its rationalistic judgment). Thus, for instance, it denies the validity of faith by Baptism, when it admits or supposes the equality of any or all religious cults; it denies the sanctity of marriage when it sanctions so-called civil marriages; it denies the infallibility of the Roman Pontiff, when it refuses to accept as laws his official commands and teachings and subjects them to the scrutiny of its own intellectnot to assure itself of their authenticity, as is legitimate, but to sit in defiant judgment upon their contents.
When we come to the practical order, Liberalism is radical immorality. Morality requires a standard and a guide for rational action; it postulates a hierarchy of ends, and therefore of order, within whose series there is a subordination of means to the attainment of an ultimate purpose. It therefore requires a principle or fundamental rule of all action, by which the subject of moral acts, the rational creature, determines his course and guides himself to the attainment of his end. In the moral order, the Eternal Reason alone can be that principle or fundamental rule of action, and this Eternal Reason is God. In the moral order, the created reason, with power to determine its course, must guide itself by the light of the Uncreated Reason, Who is the beginning and end of all things. The law, therefore, imposed by the Eternal Reason upon the creature must be the principle or rule of morality. Hence, obedience and submission in the moral order is an absolute requisite of morality. But Liberalism has proclaimed the absurd principle of the absolute sovereignty of human reason; it denies any reason beyond itself and asserts its independence in the order of knowledge, and hence in the order of action or morality. Here we have morality without law, without order, freedom to do what one pleases, or what comes to the same thing, morality which is not morality, for morality implies the idea not only of direction, but also essentially demands that of restraint and limitation under the control of law. Liberalism in the order of action is license, recognizing no principle or rule beyond itself.
We may then say of Liberalism: in the order of ideas it is absolute error; in the order of facts it is absolute disorder. It is, therefore, in both cases a very grievous and deadly sin, for sin is rebellion against God in thought or in deed, the enthronement of the creature in the place of the Creator.
If the teacher had said to take it off because of the no jewelry rule than that's one thing but to take it off because it might offend someone is another thing. But, hey, because of her probably taking offense it's making headlines around the world, tee hee.
Did this school have any peaceniks in the 1960s who wore black armbands to protest the Vietnam War or nuclear arms as there were among American yutes?
As I told my students back when I was teaching, they were free to do anything they wanted in my classroom... including breaking the rules... as long as they were willing to accept the consequences. Charley was being disobedient (and likely not polite about it, given the age)... but he apparently was wiling to take the consequences for his stand. That's making a good young adult - something schools generally are not adept at doing these days.
i didn't make the rules... and i didn't sign up for them by sending my child there... as a matter of fact, i would never send my children to any government school...
If it was a "I had gay sex" wristband he would be a national media star by now
i agree... as i said, as a conservative, i would never send my children to any government school...
Britons should rise up and drive thse beasts from their land!
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Hi my name is Willow!!!
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text:
Henri Rousseau
"Our task must be to free ourselves... by widening our circle of compassion to embrace all living creatures and the whole of nature and it's beauty."
Google Image Result for http://uploads7.wikipaintings.org/images/henri-rousseau/negro-attacked-by-a-jaguar-1910.jpg
Henri ROUSSEAU - The Dream (1910), Museum of Modern Art, New York.
Henri Rousseau: Le rêve - The dream, detail (1910) by petrus.agricola, via Flickr
Sometimes you ride the tiger, other times the tiger rides you. : Traumgarten by Henri Rousseau
lilacsinthedooryard: Henri Rousseau - Carnival Evening [1886] by Gandalf's Gallery on Flickr.
Henri Rousseau, dit le douanier Rousseau (1844-1910) - Le Charme, 1909.
Henri Rousseau (1844-1910) ~ self taught artist, whose style is distinctively exotic and primitive
View of the Banks of the Oise by Henri Rousseau Medium: oil on canvas
Henri Rousseau - The Sleeping Gypsy at MoMA New York by mbell1975, via Flickr


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A simple calculation to give the expected temperature of a planet's upper atmosphere balances the amount of sunlight absorbed by the energy lost to the lower atmosphere. But the calculated values don't tally with the actual observations of the Gas Giants: they are consistently much hotter.
It has long been thought that the culprit behind the heating process was the ionosphere, being driven by the planet's magnetic field, or magnetosphere. By using numerical models of Saturn's atmosphere the researchers found that the net effects of the winds driven by polar energy inputs is not to heat the atmosphere but to actually cool it.
Professor Alan Aylward, of the UCL Department of Physics & Astronomy, and an author of the study, explains: "The aurora has been studied for over a hundred years, yet our discovery takes us back to first principles. We need to re-examine our basic assumptions about planetary atmospheres and what causes the observed heating."
"Studying what happens on planets such as Saturn gives us an insight into what happens closer to home. Planets can lose their atmospheres as we see with Mars. Do we completely understand how this happens? Are there mechanisms heating the gas and causing it to escape that we do not yet fully understand? By studying what happens in other atmospheres we may find clues to Earth's future."
Gill Ormrod | EurekAlert!
Further information:
Further Improvement of Qubit Lifetime for Quantum Computers
09.12.2016 | Forschungszentrum Jülich
Electron highway inside crystal
09.12.2016 | Julius-Maximilians-Universität Würzburg
Physicists of the University of Würzburg have made an astonishing discovery in a specific type of topological insulators. The effect is due to the structure of the materials used. The researchers have now published their work in the journal Science.
Topological insulators are currently the hot topic in physics according to the newspaper Neue Zürcher Zeitung. Only a few weeks ago, their importance was...
In recent years, lasers with ultrashort pulses (USP) down to the femtosecond range have become established on an industrial scale. They could advance some applications with the much-lauded "cold ablation" – if that meant they would then achieve more throughput. A new generation of process engineering that will address this issue in particular will be discussed at the "4th UKP Workshop – Ultrafast Laser Technology" in April 2017.
Even back in the 1990s, scientists were comparing materials processing with nanosecond, picosecond and femtosesecond pulses. The result was surprising:...
Have you ever wondered how you see the world? Vision is about photons of light, which are packets of energy, interacting with the atoms or molecules in what...
A multi-institutional research collaboration has created a novel approach for fabricating three-dimensional micro-optics through the shape-defined formation of porous silicon (PSi), with broad impacts in integrated optoelectronics, imaging, and photovoltaics.
Working with colleagues at Stanford and The Dow Chemical Company, researchers at the University of Illinois at Urbana-Champaign fabricated 3-D birefringent...
In experiments with magnetic atoms conducted at extremely low temperatures, scientists have demonstrated a unique phase of matter: The atoms form a new type of quantum liquid or quantum droplet state. These so called quantum droplets may preserve their form in absence of external confinement because of quantum effects. The joint team of experimental physicists from Innsbruck and theoretical physicists from Hannover report on their findings in the journal Physical Review X.
"Our Quantum droplets are in the gas phase but they still drop like a rock," explains experimental physicist Francesca Ferlaino when talking about the...
ICTM Conference 2017: Production technology for turbomachine manufacturing of the future
16.11.2016 | Event News
Innovation Day Laser Technology – Laser Additive Manufacturing
01.11.2016 | Event News
#IC2S2: When Social Science meets Computer Science - GESIS will host the IC2S2 conference 2017
14.10.2016 | Event News
Researchers identify potentially druggable mutant p53 proteins that promote cancer growth
09.12.2016 | Life Sciences
Scientists produce a new roadmap for guiding development & conservation in the Amazon
09.12.2016 | Ecology, The Environment and Conservation
Satellites, airport visibility readings shed light on troops' exposure to air pollution
09.12.2016 | Health and Medicine


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The World's Greatest Music
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One of the great conductors of the 20th century, Sir Malcolm Sargent took music to the masses but alienated his orchestral players. Find out more about his life.
Picture 9 of 15
In October 1932, Sargent suffered a near-fatal attack of tuberculosis. For almost two years he was unable to work, and it was only later in the 1930s that he returned to the concert scene. In 1936, he conducted his first opera at Covent Garden, Gustave Charpentier's 'Louise'.
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