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decided: July 2, 1970.
COMMONWEALTHv.MAHAFFEY, APPELLANT
Appeal from judgment of Court of Common Pleas of Dauphin County, Sept. T., 1953, No. 3, in case of Commonwealth of Pennsylvania v. Leonard P. Mahaffey.
Richard D. Walker, for appellant.
Jerome T. Foerster, Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.
Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Cohen. Mr. Justice Roberts concurs in the result.
[ 439 Pa. Page 277]
This is an appeal from the judgment of sentence entered by the Court of Common Pleas of Dauphin County. Leonard Mahaffey, appellant, was arrested in Cleveland, Tennessee on July 18, 1953 on a charge of having committed a robbery in Dauphin County. He waived extradition and was returned on July 20. The next day a charge of murder was entered against him, and a preliminary hearing was held the day after. Appellant
[ 439 Pa. Page 278]
was indicted on September 14, 1953, and on September 21 while represented by counsel he pleaded guilty to the murder charge. Beginning on November 5 a three-judge panel took testimony, and on December 21 the court sentenced appellant to life imprisonment. No post-trial motions were filed, and no direct appeal was taken.
In 1959 appellant filed his first habeas corpus petition which was dismissed in Commonwealth ex rel. Mahaffey v. Banmiller, 74 Dauphin 104 (1959). His second petition was dismissed in Commonwealth ex rel. Mahaffey v. Maroney, 83 Dauphin 220 (1965), and we affirmed at 418 Pa. 631, 213 A.2d 216 (1965). Appellant then filed a habeas corpus petition in the United States District Court, Middle District of Pennsylvania which was dismissed in an unreported opinion by Judge Follmer in which he stated: "Petitioner's constitutional rights were fully protected at all stages of the proceedings, from the time of his arrest in Tennessee to the time of his sentence. The petition is completely without merit, as were the petitions in Dauphin County, and will be denied." (Filed March 3, 1966).
Thereafter, on March 23, 1967, appellant filed his first petition under the Post Conviction Hearing Act, and this was dismissed in Commonwealth v. Mahaffey, 88 Dauphin 90 (1967). Mahaffey filed in this Court a petition for extension of time to file an appeal which we granted on October 26, 1967, but he did not continue with his appeal. This is appellant's second PCHA petition, and because the Commonwealth felt it could not establish that appellant has knowingly waived his right to a direct appeal, the court below permitted him to file post-trial motions nunc pro tunc. On August 29, 1969 it dismissed his motion for a new trial, 91 Dauphin 194 (1969), and this appeal has resulted.
Mahaffey makes, in essence, three arguments. The first is that the confession he made was not a voluntary
[ 439 Pa. Page 279]
one and that this confession was the motivation for his guilty plea. In support of this he contends that during interrogation he was not informed of his right to remain silent and that anything he said could be used against him, and he states that he was entitled to the Miranda warnings because his conviction was not finalized as of the date Miranda was decided citing Commonwealth v. Little, 432 Pa. 256, 248 A.2d 32 (1968). In our previous opinion we stated, 418 Pa. at 632: "We have carefully examined the record and agree with the court below that no meritorious reason is assigned or evident to warrant the issuance of the writ." Nothing appears in the record before us now to alter that opinion. In addition, this issue was raised in his first PCHA petition (his third state court petition), and the court below dismissed it. We gave appellant extra time to appeal from that order, but he decided not to take an appeal. Finally, under the guidelines announced in McMann v. Richardson, 397 U.S. 759 (1970), a defendant may not gain relief merely by alleging that a coerced confession induced his guilty plea. The United States Supreme Court stated, 397 U.S. at 770-71: "In our view a defendant's plea of guilty based on reasonably competent advice is an intelligent plea not open to attack on the grounds that counsel may have misjudged the admissibility of the defendant's confession. Whether a plea of guilty is unintelligent and therefore vulnerable when motivated by a confession erroneously thought admissible in evidence depends as an initial matter not on whether a court would retroactively consider counsel's advice to be right or wrong, but on whether that advice was within the range of competence demanded of attorneys in criminal cases." Appellant makes no claim that counsel lacked the necessary competence, and Federal District Judge Follmer specifically stated that at the trial "he was most ably represented."
[ 439 Pa. Page 280]
The second argument is that appellant was misled into waiving extradition because he did not know until he returned to Pennsylvania that he would be charged with murder. At the time of extradition, robbery was the only charge outstanding against appellant, and at trial Mahaffey made no objection to the admission of the Waiver of Extradition he had signed. Furthermore, this issue was raised in the first and second habeas corpus petitions and was dismissed in both decisions, the latter of which was appealed to this Court.
Finally, appellant argues that he was deprived of counsel during three critical stages of his case, (a) the extradition proceedings in Tennessee, (b) during the time of his interrogation by the Pennsylvania State Police, and (c) at his preliminary hearing on July 22, 1953. As to (a), the validity of the extradition proceedings has been raised in each of appellant's three prior state court petitions and in each case has been found without merit by the court below and in the second case by this Court. This matter has been fully litigated. As to (b), this also has been raised before and decided adversely to Mahaffey, and he is concluded by the decision of the United States Supreme Court in Johnson v. New Jersey, 384 U.S. 719 (1966). Finally, as to (c), this has been raised and decided adversely to Mahaffey in prior petitions, and he did not raise it in the lower court in his motion for a new trial in this proceeding.
The judgment of sentence is affirmed.
Judgment of sentence affirmed.
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Parish councillors will discuss the future of Grove Rugby Football Club at a meeting on Tuesday night.
Grove Parish Council's leisure and recreation committee will meet at the Old Mill Hall from 7.30pm to discuss this year's expenditure on the club.
Councillors will also receive play equipment inspection reports. The public is welcome to attend.
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|Property type
|Minimum Stay
|7 nights
When you book through the HomeAway checkout, your booking is backed by our Book with Confidence Guarantee™ offering comprehensive payment protection.Learn more
This airy and open 1940's cottage sits on 200 ft. of spectacular rocky coastline. The kitchen is separated from the living and dining areas by a large fieldstone fireplace. Two sets of sliding glass doors open onto the deck, where you can breakfast watching one of the busiest lobstering areas on the coast, and enjoy evening sunsets over Muscongus Bay. One bedroom has a double bed, and the second has twin beds. The modern bathroom has a full shower/bath. Pets are negotiable and we limit the number each season; cats are not allowed.
We just spent a spectacular October week at Westview, and look forward to a return visit on our next trip to Maine. The cottage is clean, cozy (great fireplace), plenty roomy enough for two adults and a dog, and has a well stocked kitchen. There are ample linens and towels. And the view! We woke on our last day to a full-arc rainbow spanning Muscongus Bay. We all loved the Martin Point trails at the end of the driveway, and there are many natural areas to explore within a reasonable drive. Also three lighthouses - Pemequid Point, Marshall Point, Owl's Head. The Farnsworth Museum in Rockland was a treat on our one rainy day (the collection is more than only the Wyeth family). We have vacationed in Maine over the last 40 years, and Westview is one of the top 2 or 3 rentals we have enjoyed. I have already recommended it to two friends. Thank you, Pat, for making it available.
My first but hopefully not last visit to West-View.
Walking into the cottage is like being invited to re-connect with a dear old school friend.
It is equipped with everything you need, even things you didn't realize you'd need.
You can spend your entire day looking at different views of the coast: waking up to lobster boats at work with eagles and osprey overhead, a swim off the rocky coast, just out the back door and, of course, cocktail hour watching amazing sunsets. Once it's dark and chilly, we moved inside for family time in front of the wonderful stone fireplace
…. And it's not just the coast. There's the magical Martin Point Wildlife Reserve. We walked almost daily, meeting the friendly Martins Point community and their dogs.
The cottage was too good a spot to leave for dinner. However, for lunch, we had our fill of lobster rolls and chowder at Slipway, Dipnet and Shaws.
All in all, it really is a wonderful cozy costal paradise
Well equipped clean cottage with great entertainment in nature -- beautiful song bird and osprey activity from the deck. The trails through the forest are beautiful and picturesque. The Owner provides great advice on the best places to eat which do not disappoint. Extremely quiet with amazing sunsets.
My wife and I have stayed at Westview two years in a row now in the month of October and we just love the place! It is perfect for one or two couples. We love the sights and sounds of lobster boats early in the morning, and the spectacular sunsets over the Medomak River. It is very cozy without being cramped, and is very private. The cottage is well-equipped with every cooking tool we could imagine, including a lobster pot. The beds are comfortable and all linens are supplied. The stone fireplace is absolutely beautiful and very welcome on fall evenings coupled with a glass of wine, a good book, and good company. Being located a pleasant 20 minute drive from Rockland, it does not take long to find the Farnsworth Museum of Art (Wyeth family paintings), the Owls Head Transportation Museum, galleries, great shops and cafes. Camden is only another ten minutes farther up Rt 1 and Mount Battie just beyond is a must see for spectacular views. The Sweetgrass Farm Winery and Morse's Restaurant are culinary treats north of Waldoboro. Pat maintains an information binder with plenty of suggestions for things to see and do. Walking a trail of the Medomak Valley Land Trust is essential, particularly the Clarry Hill trail through the blueberry fields, which has become our favorite. And of course, the lobster is fresh as fresh can be. It's very easy to wind down here, enjoying life as it was meant to be. Pat is always very accommodating and helpful making the rental process very seamless. I'd rate Westview as one of the best cottages we've ever rented, and we rent at least two or three each year.
Rustic cottage in a beautiful spot. Sits very close to water with great water view.
Tom Wilkes
Westview is the perfect Maine cottage in the perfect setting. Why the perfect cottage? It achieves a balance of comfort, authenticity, and charm. Some Maine rentals are too rustic, or too suburban, or too fancy -- Westview feels like it belongs in its setting. And what a setting -- the bay, lobster boats, osprey, sunsets and dawns that take your breath away, Every room has a view, and the deck is wonderful. On the practical side: it is well equipped, the beds are comfortable, and the kitchen is stocked with all the necessary tools for cooking. The town of Friendship is away from the tourist fray but within an easy drive of restaurants and attractions is you want to venture out. The owner is helpful and caring. I felt lucky to have spent 2 weeks there.
The house is a five minute walk to a sandy beach, which is shallow enough that the water warms nicely for swimming, a rarity along this coast. Hardy swimmers can dive from our rocks (as our dog does!). There is good walking, biking and kayaking in the Martin Point and Friendship area, and you can rent kayaks in Friendship. Walk out the door to paths through the woods in the center of Martin Point, or use the available trail maps and book to explore many hikes in the Medomak Land Trust area and surrounding peninsulas. This cottage is a quiet retreat, but lobsters are five minutes away, restaurants are 20, and Camden/Rockport area attractions are a 30 minute drive.
Other Activities: kayaking
|Rate Period
|Weekend Night
May 13 2017 - Jun 16 2017
Changeover Day: Saturday
7 night minimum stay
Jun 17 2017 - Sep 1 2017
Changeover Day: Saturday
7 night minimum stay
Late Sept/October
Sep 2 2017 - Oct 28 2017
7 night minimum stay
|Cleaning Fee
|Tax Rate
The rental rates include cleaning and all linens.
Dogs may be accepted, but must be pre-approved. We ask for a $300 security deposit if you bring a dog. It should be paid with second half of rental fee, 14 days before the rental, and will be returned one week after the rental if there is no damage from the dog.
We do not use HomeAway's payment system, so you will not be charged the service fee that HomeAway includes when they quote an estimated total rental fee.


text:
ORLANDO, Fla. (AP) - A technical crew with The Orlando Eye safely evacuated all 66 stranded riders from the Ferris wheel that towers 400 feet over central Florida after the attraction shut down Friday afternoon, authorities said.
PHOENIX (AP) - A dozen families who lost loved ones when 19 members of a Hotshot firefighting crew were overcome by a 2013 wildfire originally wanted $220 million from the state for their deaths, plus changes to how Arizona responds to fires and trains its crews.
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BOSTON (AP) - New Balance thinks the U.S. military is dragging its feet.
DENVER (AP) - Beer? Wine? Or weed?
MEXICO CITY (AP) - Mexico City is proposing regulations that would allow Uber and other smartphone-based ride-sharing apps to operate, while requiring drivers and cars to be registered, the city's Office of Legal and Legislative Studies said Friday.
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This week in Russia, the Ministry of Finance is to present its draft of budget amendments for 2015 in the Duma, which is then to be signed into law. Among the key macro data in Russia is the monthly CPI report for February (Thursday) as well as the set of early indicators (PMIs, rail cargo volumes, gas, oil and electricity output). On Wednesday, both the regular weekly CPI print for Russia and February CPI for Turkey are due. Additionally, PMIs for the last month of winter are published across CEMEEA, as well as GDP for 4Q14 for Hungary and Romania.
Amendments presented by MinFin in the Duma are to contain RUB 1tn of cuts, consisting of a reduction in capex and declines in previously planned public sector wage increases, which are likely to stay flat for the coming year. Another major point will be an increase of the transfer from the Reserve Fund, up to approximately RUB 3tn to help fund the current year's outlays, as the prevailing financial market conditions remain unfavourable, with the tax income projected to decline substantially.
February's CPI print will likely see an uptick in YoY terms to 16.6-7%, due to the exchange rate pass-through effect, while the run rate of inflation could well demonstrate a third consecutive monthly decline to 2.2%. In the coming months, the run rate of inflation is set to decrease further on the back of slowing economic activity which, by the end of the year, could well return inflation to 11.0% YoY.
In January, business sentiment in Russia (i.e. PMIs) outperformed consensus and we expect it to show only a non-material decline in February.
In Poland, the latest data suggests that economic growth has not been set back by the continued deflation, which is to keep price growth below the official 2% target, at least until the end of 2016. Any protracted undershoot of the target forms a background against which the NBP is likely to cut its rate 0.25bp on Wednesday.


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Mysteries of Horus
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Take a symbol from the conveyor and place it in gap in a row. You can drop symbol in the disposal unit. This decreases the God's satisfaction. To beat a level, you must reach the target score. You lose if your current score is less than the target score. God's satisfaction gradually decreases. Give god's magical gifts to increase his satisfaction.
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United States District Court, C.D. Illinois
October 9, 2013
CECIL NEWELL, Plaintiff,v.KANKAKEE COUNTY SHERIFF'S DEPARTMENT, et al., Defendant
For Cecil Newell, along with any other similarly situated individuals, Plaintiff: Robin Gail Remley, LEAD ATTORNEY, LAW OFFICE OF ROBIN REMLEY LLC, Munster, IN.
For Jerome Combs Detention Center, Kankakee County Sheriff's Department, Timothy Bukowski, Sheriff, Michael Downey, Chief of Corrections, Jeffrey Long, MD, Charee Sangster, Defendants: Michael W Condon, LEAD ATTORNEY, Matthew J Hafeli, HERVAS CONDON & BERSANI PC, Itasca, IL.
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The plaintiff, Cecil Newell, commenced this action pursuant to the Civil Rights Act, 42 U.S.C. § 1983, and Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq . Defendants Timothy Bukowski, Michael Downey, Jerome Combs Detention Center (" JCDC" ), Kankakee County Sheriff's Department, Jeffrey Long, and Charee Sangster filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). The plaintiff did not respond by the May 9, 2013, deadline set through the court's CM/ECF system. Approximately two weeks after the deadline passed, the court set a new deadline of June 6, 2013 for the plaintiff to respond or file an amended complaint. The court stated that if the plaintiff did not respond or amend his complaint by the deadline, the court would presume that the plaintiff abandoned the litigation and would dismiss the case for failure to prosecute. See Order, d/e 12.
The plaintiff then requested an extension to July 19, 2013, to respond or amend
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the complaint. The court granted an extension to June 25, 2013. On that date, the plaintiff filed an amended complaint [14], adding new defendants and allegations. There are now approximately twenty-five defendants in the case. The docket does not reflect service of process or an entry of appearance for some of those defendants, including federal defendants who were named in the original complaint.
Defendants Kankakee County Sheriff's Department, Timothy Bukowski, Michael Downey, Charee Sangster, and newly-named defendants Jeffrey Long, Clyde Dayhoff, Heather Gill, Tiniki White, Adam Graves, Sonya Hanson, Andrew Delude, Matthew Meehan and Ward Adams (collectively, the " movants" ) have filed a motion to dismiss the amended complaint. (JCDC is not named as a defendant in the amended complaint.) Various defendants have not been identified by name, and there is no indication in the docket that defendants U.S. Marshal Service and deputy marshals Jeff Goble and Dean Lanter have been served. (The U.S. Marshal Service was named in the original complaint filed on January 18, 2013. The time for serving that defendant expired many months ago.)
For the following reasons, the motion to dismiss [20] is denied.
In July and August 2011, the plaintiff was a federal detainee from Indiana who was housed at JCDC in Kankakee, Illinois. (The east border of Kankakee County, Illinois, is on the Illinois-Indiana state line.) Newell states that he has multiple disabilities that he sustained in an auto accident in 2006. Newell has weakness and numbness in his left side and, in July 2011, he partially dragged his left leg. He also had incontinence with urine and bowel movements and required the use of adult diapers. In addition, he was unable to stand still without assistance, which made showering and using the toilet difficult. Newell also had asthma and took daily medications and/or treatments.
Despite his obvious disabilities and medical issues, Newell claims that he was assigned to a regular dorm on the top floor of the jail, and a top bunk. He had to hop on one leg to go up or down the stairs and needed assistance from other inmates to get into and out of his bunk. Newell was not given adult diapers until his third day at the jail. Even then, he was not given an adequate supply of diapers and would sometimes sit in a soiled diaper for days, and in clothes with urine and feces on them. He was not given enough biohazard bags, and the soiled diapers and bags piled up in his cell. On July 24, 2011, there was no one to assist Newell and he fell while attempting to get out of his bunk. He sat for two hours until someone came to help him. As a result, his left leg worsened and his right leg was numb. He could not walk at all and was forced to crawl down stairs on his buttocks, and scoot along the floor and walk on his hands.
The next day, he received a wheelchair and, at some point, was given a bottom floor/ bottom bunk in the medical section. However, no one helped him stand so he was unable to shower. His disabilities sometimes made it difficult to make it to the toilet in time. When he soiled himself, he could not clean himself or tend to his bodily needs. He also complained that he had an asthma attack, and needed his asthma medications, but the guard did not help him. Other inmates sometimes assisted Newell by pulling him around in a chair. Newell filed multiple grievances with very limited results. He alleges that the defendants subjected him to cruel and unusual punishment, pursuant to a widespread custom, policy or practice to deny medical care and keep inmates in unsafe, unhealthy,
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and inhumane conditions. Newell also claims that he was denied basic facilities such as showering and toileting because of his disabilities, and that the Kankakee County Sheriff's Department failed to meet his physical accessability needs and failed to accommodate his disabilities with suitable bed/sleeping quarters, toilet facilities, adult diapers, showering, and other basic activities.
In ruling on a motion to dismiss, a court must accept the plaintiff's well-pled allegations as true and draw reasonable inferences in the plaintiff's favor. Perkins v. Silverstein, 939 F.2d 463, 466 (7th Cir. 1991). Dismissal is appropriate when there are not " enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). From the complaint, the court must separate facts from legal conclusions, and determine if the facts alleged plausibly give rise to an entitlement to relief. Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1950, 173 L.Ed.2d 868 (2009). The determination of plausibility is " a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Iqbal, 129 S.Ct. at 1950.
Count I - § 1983
Count I is asserted against all individual defendants. Bukowski, Downey, and Hanson argue that Newell does not allege they had personal involvement in the conduct complained of, other than to allege that they had knowledge of Newell's serious medical needs. They argue that the claims against them in their individual capacities must be dismissed. The court disagrees. " In order for a supervisor to be liable, they must be 'personally responsible for the deprivation of the constitutional right.' To show personal involvement, the supervisor must 'know about the conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what they might see.'" Matthews v. City of East St. Louis, 675 F.3d 703, 708 (7th Cir. 2012) (citations omitted). Bukowski and Downey are alleged to have developed, supervised, and enforced policies and practices of the jail, and ensured that grievances were received in the proper manner and were properly responded to. Moreover, they are alleged to have been aware of Newell's serious medical needs and his grievances, yet turned a blind eye to the situation.
The allegations against Hanson are a closer call. It is alleged that she and every other defendant violated Newell's rights as described in a very lengthy paragraph, without stating what, specifically, was done by Hanson. Nonetheless, the court is not concerned at this stage of the litigation with whether Newell has evidence to support every detail of his claims. Newell alleges that JCDC is designed to house " over 300" inmates, which is not an exceptionally large facility. The situation described by Newell, if true, is such that it would have been obvious to any correctional officer working in the area where Newell was housed. Newell claims that Hanson was one such person. Newell has pled facts sufficient to proceed further on his claims against Bujowski, Downey, and Hanson, in their individual capacities.
The movants also argue that the entire complaint suffers from a general notice problem: Newell does not identify which of the defendants were responsible for each particular problem. Newell identifies at least three categories of JCDC personnel who are alleged to have violated his rights: management, correctional officers, and medical personnel. He was at JCDC for approximately one month. His complaint describes many instances of requests
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for assistance and supplies, grievances denied, inadequate medical care, and injuries sustained at JCDC that were not treated. He need not allege precisely what each defendant did on each particular day on which he alleges a different instance of deliberate indifference. What any one officer did or didn't do, and when, will be fleshed out in discovery. [1]
Count II -- § 1983 Monell claim
The movants argue that Newell has failed to state a Monell claim. See Monell v. Dep't of Soc. Servs. Of City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). They argue that claims against Bukowski and Downey in their official capacities are essentially claims against the Kankakee County Sheriff's Office; thus, they are redundant and should be dismissed. They also argue that the claim should be against the Kankakee County Sheriff's Office, not the Kankakee County Sheriff's Department, citing Wells v. Bureau Cnty., 723 F.Supp.2d 1061 (C.D. Ill. 2010). However, in Estate of Sims ex rel. Sims v. County of Bureau, 506 F.3d 509 (7th Cir. 2007), the Seventh Circuit was apparently unconcerned with whether the Bureau County Sheriff's Department should have been sued as the Bureau County Sheriff's Office. Whether the suable entity in Kankakee is the Sheriff's Office or the Sheriff's Department may make little difference if the sheriff is sued in his official capacity. Estate of Sims is notable, however, for its discussion on the naming of other necessary parties, of which the plaintiff may wish to take note. Estate of Sims, 506 F.3d at 517.
The movants also argue that Newell has not alleged that an official policy was " the moving force" behind the constitutional violation, citing Estate of Sims . Newell does not point to any place in his 26-page complaint where he uses the phrase " moving force." To be a " moving force," there must be an official policy or custom that is not simply a contributing factor in the constitutional violation; it must be the direct cause of the violation. Johnson v. Cook County, 526 Fed.Appx. 692, 2013 WL 2005236, at *3 (7th Cir. May 15, 2013) (unpublished opinion) (citing Estate of Sims, 506 F.3d at 514; LaMarca v. Turner, 995 F.2d 1526, 1538 (10th Cir. 1993)). Newell alleges that the correctional staff acted pursuant to an official policy or custom not to perform a medical intake, investigate inmates' medical issues and/or complaints about problems with walking if they are ambulatory, nor provide sufficient medically-necessary hygiene items such as adult diapers to inmates, among other things. The allegations are sufficient; they amount to what can be considered a " moving force."
Count III-- ADA
The defendants argue that Newell's claim under Title II of the ADA must be dismissed because the only proper defendant in Count III is the Kankakee County Sheriff's Office. Newell has alleged that the Kankakee County Sheriff's Department and the United States Marshal Service, via defendants/deputy marshals Goble and Canter (for which no proof of service has been filed) barred Newell from various programs and basic facilities on the basis of his disabilities, and was treated differently
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than non-disabled similarly situated individuals. Title II of the ADA prohibits discrimination in public services, programs, and activities, including prisons and correctional facilities. Phipps v. Sheriff of Cook County, 681 F.Supp.2d 899, 913 (N.D.Ill. 2009). The court need not search the complaint for magic words that explicitly state the defendant's discriminatory intent. The posture of this case is distinct from Phipps, which was a ruling on cross-motions for summary judgment. At this point in Newell's case, the court is not concerned with whether he has clearly alleged discriminatory intent. He claims he was barred from basic facilities on the basis of his disabilities. Whether he has sufficient evidence to show intentional discrimination is an inquiry reserved for a later date.
For the foregoing reasons, the motion to dismiss [20] is denied in its entirety. The defendants shall file their answer within fourteen days of the date of this order.
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...to the Dornoch Community Site run by the Dornoch Area Comunity Interest Company.
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Dornoch Whisky Festival 28-30 October
A great weekend of tastings, distillery tours and master classes was enjoyed by all.
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The Visitor Centre is on the ground floor. For July and August the Visitor Centre is open 9 am - 6pm Monday - Saturday and 10 am - 5pm on Sunday.


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Kukla's Korner Hockey
Giguere On His Way To Toronto
by Paul on 01/31/10 at 02:29 PM ET
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via the Twitter of Helene Elliott,
Jean-Sebastien Giguere has waived his no-trade clause and officially will be dealt to Toronto very soon
added 12:56pm, from Darren Dreger's Twitter,
Giguere to Toronto for Toskala and Jason Blake. Done!!
added 1:05pm, TSN on the trade…
added 1:08pm, Burke says there was never a discussion about a first round pick being involved (from the Ducks). He doesn't know where that came from.
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United States District Court, Second Circuit
December 20, 2013
WILLIAM PHILLIPS, Plaintiff,v.CORTLAND COUNTY SHERIFF'S DEPARTMENT, Defendant.
LAWRENCE E. KAHN, District Judge.
This matter comes before the Court following a Report-Recommendation filed on September 30, 2013, by the Honorable Therèse Wiley Dancks, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 3 ("Report-Recommendation"). A district court must review de novo any objected-to portions of a magistrate judge's reportrecommendation or specific proposed findings or recommendations therein and "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b); accord FED. R. CIV. P. 72(b); see also Morris v. Local 804, Int'l Bhd. of Teamsters , 167 F.App'x 230, 232 (2d Cir. 2006); Barnes v. Prack, No. 11-CV-0857 , 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18, 2013). If no objections are made, or if an objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to the magistrate judge, a district court need review that aspect of a report-recommendation only for clear error. Chylinski v. Bank of Am., N.A. , 434 F.App'x 47, 48 (2d Cir. 2011); Barnes , 2013 WL 1121353, at *1; Farid v. Bouey , 554 F.Supp.2d 301, 306-07 & n.2 (N.D.N.Y. 2008); see also Machicote v. Ercole, No. 06 Civ. 13320 , 2011 WL 3809920, at *2 (S.D.N.Y. Aug. 25, 2011) ("[E]ven a pro se party's objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate's proposal, such that no party be allowed a second bite at the apple by simply relitigating a prior argument.").
The Report-Recommendation recommends that Plaintiff's Complaint be dismissed pursuant to 28 U.S.C. § 1915(e) for its failure to allege sufficient facts upon which liability on the part of Cortland County ("County") or the individual members of Defendant Cortland County Sheriff's Department ("Department") might be premised. See Report-Rec. at 5-9. Jude Dancks also determined that the Department did not have an independent legal identity and was therefore not amenable to suit. See id. at 5. Plaintiff has filed Objections that focus primarily on other lawsuits he has filed. Dkt. No. 4 ("Objections"). He also alleges that members of the Department informed other inmates about lawsuits Plaintiff had previously filed and "made jokes" about Plaintiff. See id. at 2-3.[1] The Objections have not alleged sufficient facts upon which liability for the County or members of the Department could be founded, and have certainly not demonstrated that the Report-Recommendation's determination that the Complaint failed to do so was erroneous.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 4) is APPROVED and ADOPTED in its entirety; and it is further
ORDERED, that the Complaint's (Dkt. No. 1) claim against the Department is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e); and it is further
ORDERED, that if Plaintiff wishes to pursue this action, he must file an amended complaint within thirty (30) days of the filing date of this Order that remedies the defects identified by the Report-Recommendation; and it is further
ORDERED, that if Plaintiff fails to timely file an amended complaint as directed above, the Clerk of the Court shall enter judgment indicating that the Complaint (Dkt. No. 1) is DISMISSED with prejudice without further order of this Court pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief may be granted. In that event, the Clerk of the Court is directed to close this case; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order upon the parties to this action.
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A Good Deal: No Evil 022
Round up4.33 / 5.00 1,441 Views
Park Bench
A short film about a park bench4.09 / 5.00 1,051 Views
frog thing
frogggsgsgs3.85 / 5.00 1,233 Views
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thanks, man. well said. i hope you're right.
This was the sickest epsiode yet,very nice job. ;D
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Arts, Crafts, Music, and the "Stock Market"
Granville Island is one of the true gems within Vancouver. Make this your one stop Private Tour if you have limited time. Featuring a unique and beautiful produce market, world-class artisans and live entertainment throughout the site, you will get a compressed sense of the very best of Vancouver.
For the food-lover: There is no shortage of fresh foods, variety of ready-made meals, baked goods, beautifully prepared sweets and flavors from around the world.
For the sight-seer: Stroll the boardwalk and see Vancouver's False Creek, its Bridges and the finest urban redevelopment area in North America.
For the culture-buff: At any time during the week, street performers, artists and theater talent can be found displaying their wares and surprising visitors with their creativity.
For the gift-seeker: Souvenirs are readily available but if you're looking for that perfect something-special, there's no place in the city like Granville Island.
You'll make discoveries that you didn't think were possible!
Pick up at your hotel.
Drive to Granville Island.
Brief orientation of general area.
Walk to specific areas within Granville Island.
Establish meeting point.
Up to 1 hour free time for meal or shopping.
Rendezvous with guide and final loop around area.
Drive to drop off location.
Meeting Location + Tour Duration
Meeting location: Please provide your Vancouver area meeting location.
End location: Please provide your Vancouver area drop off point.
Duration: 3 hours
During most of the year, the Market and main stores are open during the day only.
Car or mini-van
What's Included
Guide services and automobile transportation (unless public transport or waterboat is preferred) to and from Granville Island.
Estimated Local Cash Needed
20 CDN - For meals and/or snacks (plenty of choice)
Have more cash or credit on hand for gift buying (very high end art and souvenir selections available)
What's Extra
There are plenty of shops, services, food and art goods to browse and explore. Please budget money for personal purchases.
A Recent Review of this tour
Read More Reviews For This Tour
Winston was very knowledgeable of Vancouver and gave us a great overview. Enjoyed the time on Granville Island and seeing the highlights of the sites in Vancouver.
Lyla Perrodin
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- 4 Aug 2016:Tesla says it is on track to deliver 50,000 vehicles in the latter half of this year, which reaffirms its previous guidance.
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- 22 Jun 2016:
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- 22 Apr 2016:
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- 4 Feb 2016:Toshiba said it would record the biggest annual loss in its 140-year-old history as the firm wrote down the book value of several units, including energy and infrastructure, while restructuring costs ballooned.
- 19 Jan 2016:China's economy grew by 6.9% in 2015, compared with 7.3% a year earlier, marking its slowest growth in a quarter of a century.
- 8 Jan 2016:The consumer electronics company says it plans to spend up to US$1.6 billion on an advanced battery factoryan with electric-car maker Tesla Motors.
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- 4 Dec 2015:At the Paris climate summit earlier this week, Spanish Prime Minister Mariano Rajoy pledged to "de-carbonize" his economy. But back home, Spain's biggest renewable energy company is on the verge of becoming the country's biggest-ever bankruptcy.
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9-Dec-2016 markets closed
|TSE electronic
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GoingOutGuide Bars+%26+Clubs
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The second-annual "Egalitarian Gala" New Year's Eve party features DJs Chris Burns of the raucous Wild North parties at the Warehouse Loft spinning house, disco and other party tunes.
There's no charge to walk through the front door, and an optional open bar costs $25 for three hours of PBR and rail drinks. Seating will be by reservation only.


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The Dog Park IV: Friends and Family
Giclee Print(ID: A62096)
Created by Jane TroupLimited Edition
A giclee print of an original oil painting on linen. Limited edition of 150. Paper size is 20"H x 25"W. Dimensions refer to image size.
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