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subset: commoncrawl


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Designer Lead (Graphic & Digital)
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Digital Alchemy, Australia's leading Database Marketing Services Provider, is expanding into Asia. We manage marketing databases for large Australian and New Zealand companies, operating in Telecommunications, Insurance and Banking, Automotive and Energy. As part of our team you will be supporting a growing client base in Australia, New Zealand and throughout Asia.
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June Ambrose knows how to light up a room and our imaginations.
I spoke with the famed stylist at Macy's INC International Concepts Fall 2011 Campaign event last night to see what she has up her fancy sleeve.
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Hold onto your turbans!
More:Macy's Kanye West Reality Show Jay-z Fashion
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Main image: Joe Ross


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No professional golfer hit more balls on the driving range at Muirfield yesterday than Jon Fryatt. Nobody practised as many putts on the green behind the grandstands that surround the 18th hole either. But then nobody else had quite as much time to kill as the 30-year-old teaching professional from the Essex golf complex.
As first reserve it was Fryatt's lot to spend the day hanging around the area between the practice range and the 1st tee hoping against hope that somebody, anybody, would pull out.
"It would be heartbreaking to be this close if it wasn't so exciting to be here," Fryatt said in between hitting his umpteenth basket of balls. "Obviously you don't want somebody to be injured, but I feel I am playing really well and could get round here no problem. It is a little bit frustrating."
For Fryatt and his caddie, who was given special dispensation to leave his mobile on so that the starter could find them, it had already been a long day. When it emerged on Wednesday evening that Des Smyth, the 49-year-old Irishman, was struggling with a stiff back and right leg after napping in his car, Fryatt thought he might just have a chance of making it into the tournament proper.
Smyth was in the first group out at 7am, so Fryatt and his caddie arrived an hour earlier to hit balls and warm up just in case. They were greeted by the sight of Smyth smashing drives down the range.
"I knew then that the 'impossible dream', as we call it, was probably not going to happen. But you never know, they tell me that one year the reserve made it in with only three groups left to go out, so you have to stick around."
If he had not been at Muirfield Fryatt, who entered through regional qualifying, would have been playing in the Essex Open (total prize money £2,000).
"Even if you don't make the cut here you earn more than that, but as a reserve you don't get anything. But just for the experience alone it has been worth it. Usually the guy next to me on the range is a 24 handicapper, this week I've hit balls next to Greg Norman and Bernhard Langer.
"And this badge," he said, pointing to the competitors emblem pinned to his cap, "money can't buy you this, it will be on my wall forever. But it's hard to believe I will be playing in the Colchester pro-am next week."
There is only one thing worse than being first reserve, and that is being second reserve. Yesterday that honour fell to Jon Levitt, a 39-year-old from Pasadena, California, who has been a pro for 15 years and now plays on the Asian and South American tours.
"A slow suffering death," is how Levitt, who was standing on the edge of the practice green, described the horror of waiting around for a spot he knew was never going to come. "I'm not going to get in unless two people either get injured or lost on their way to the course. But I can't leave - imagine how you would feel if you did and then found out later you would have made it?"
But the dream was over for both at 4.36pm precisely, when Trevor Immelman, Jamie Spence and Adam Mednick, the final group of the day, walked off the 1st tee. Levitt picked up his bag, trudged to the car park and headed for Waverely station to get on the night sleeper to London. He had already booked himself on to today's 11am flight out of Heathrow back to California.
Meanwhile Fryatt climbed under the yellow rope that separates and swapped his place among golf's elite for a place in the gallery watching Nick Faldo.


text:
Thread: Denoy version 3
06-02-2005, 12:27 PM #1Newbie
- Join Date
- Mar 2004
- Location
- Boston, uk
- Posts
- 12
Denoy version 3
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Ricky GreenJoin Denoy
tutorial community, pleas feel free to sign up


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Sierra Club Election
This page concerns voting for the Sierra Club Executive Committee. Only members of the Sierra Club in New York City are allowed to vote in this election and will be required to put in a valid voter id.
The Executive Committee (ExCom) of the Sierra Club, New York City Group sets policy in conservation, finance, lobbying, and all political activity at the New York City level. It has nine members serving staggered two‑year terms. This election will choose six ExCom members, four with terms with terms to expire at the end of 2018, and two with terms to expire at the end of 2017.
For the six vacancies there are seven candidates, whose names appear on the ballot in random order. You can read their candidate statements here. You can vote for up to six candidates. You may vote for fewer than six candidates, but you may not cast more than one vote for any one candidate.
This material concerns the NYC Group only. Members should have received a separate Sierra Atlantic newsletter with the ballot for the Atlantic Chapter (New York State) election.
Ballots will be counted publicly at a date, time, and place to be announced on nyc.sierraclub.org. For information about candidates, please see the voting material that was sent to you in the City Sierran.
You must be a currently enrolled Sierra Club New York City Group member to vote in this election.
How to Vote
You may vote either online or by mailing in a paper ballot. Paper ballots received from members who vote online will not be counted.
The election closes on Friday, December 30, 2016. Paper ballots must be received by December 30.
Sample ExCom Ballot: Vote for up to 6 Candidates
The sample ballot below shows all candidates. You should vote for only six (6).If there is a single voter in the household, vote only in the Voter 1 column. If there are two voters in the household use both columns.
Voting Online
Online voting will close at midnight on December 30 as well. You can reach the voting site by clicking on the following link: "https://www.balloteer.com/bp/nph-bstart?&eid=6031847082455640"
|Voter 1
|Voter 2
|Lisa DiCaprio
|Alan Gerson
|Gary Nickerson
|Xenia Parker
|Thelma Fellows
|Carl Arnold
|Bonnie Webber


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decided: June 24, 1975.
COMMONWEALTHv.SPEELMAN, APPELLANT
Appeal from judgments of sentence of Court of Common Pleas of Adams County, Feb. T., 1973, Nos. 70 and 121, and Oct. T., 1973, No. 23, in case of Commonwealth of Pennsylvania v. Raymond Wayne Speelman.
Robert W. Geigley, for appellant.
Oscar F. Spicer, District Attorney, for Commonwealth, appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J.
[ 235 Pa. Super. Page 111]
The appellant, Raymond Wayne Speelman, has brought this appeal from judgments entered following two separate trials. The appeal from No. 23 October Term, 1973, follows appellant's conviction of driving while under the influence of intoxicating liquor.*fn1 This charge was not tried at the same time, nor did it result from the same set of facts as the appeal from Nos. 70 and 121 February Term, 1973. Appellant was charged with driving while under the influence in August of 1973, approximately one year after the accident occurred which gave rise to the other indictments. The only issue raised concerning the drunken driving conviction is the severity of the sentence. However, the sentence of 1 1/2 to 3 years imprisonment, to run concurrently with sentence imposed at Nos. 70 and 121 February Term, 1973, is within the statutory maximum provided in The Vehicle Code. Therefore, it is affirmed.
The appeal from judgments entered at Nos. 70 and 121, February Term, 1973, first raises the question of whether the double jeopardy provision of the United States Constitution requires this court to vacate appellant's convictions. For the reasons which follow, we hold that it does not.
The facts are that appellant was involved in a head-on collision on September 23, 1972. As a result of the accident, three victims died; two immediately after the accident and the third on November 18, 1972. A complaint charging appellant with two counts of involuntary manslaughter*fn2 and with the summary offense of failing to yield one-half of the right of way to an approaching
[ 235 Pa. Super. Page 112]
vehicle,*fn3 was filed on September 28, 1972. A preliminary hearing on both the indictable manslaughter charges and the summary offense was held by a district justice on November 7, 1972. Appellant was found guilty of the summary offense and bound over for the grand jury on the manslaughter charges.
Less than two weeks after the preliminary hearing, on November 18, 1972, the third victim died. Subsequently, on November 24, 1972, a third charge of involuntary manslaughter was filed against appellant, who waived the preliminary hearing. The grand jury returned true bills on all three counts of involuntary manslaughter, the charges were consolidated, and trial began on January 22, 1973. Appellant also appealed his summary conviction under Pa.R.Crim.P. 67(e), and it was heard by the trial judge in a de novo proceeding after the jury retired. The jury convicted appellant of three counts of involuntary manslaughter and the lower court found him guilty of the summary offense.
Post-trial motions for new trial and in arrest of judgment were filed and argued. Before the court disposed of the motions, however, the Pennsylvania Supreme Court decided Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973). Reargument was then permitted on the issue of double jeopardy. On August 17, 1973, the court below held that Campana did not apply to the charge arising from the November 18, 1972, death. Decision was deferred as to the other charges, pending United States Supreme Court review of Campana. After that court remanded and our Supreme Court decided that Campana was based on its supervisory powers, the lower court determined that that decision did not apply retroactively. All post-trial motions were then denied, and on April 1, 1974, appellant was sentenced. He then instituted this appeal.
[ 235 Pa. Super. Page 113]
We find no error in the lower court's holding. We have recently held that Campana will not be applied to cases which arose before that decision was announced. Commonwealth v. Kloch, 230 Pa. Superior Ct. 563, 327 A.2d 375 (1974); Commonwealth v. Beam, 227 Pa. Superior Ct. 293, 324 A.2d 549 (1974). Commonwealth v. Kloch, supra, is factually similar to the instant case in that Campana was decided while post-trial motions were pending. Therein, we decided that Campana would not be applied where the first prosecution was brought before May 4, 1973, the date of the Campana decision. We see no reason to depart from that holding. Consequently, appellant's assertion that Campana requires us to vacate the two manslaughter convictions charged at No. 70 February Term, 1973, is without merit.
Moreover, we agree with the lower court that Campana is inapposite to the third count of manslaughter, filed at No. 121 February Term, 1973. Campana itself requires only those offenses known to the prosecuting officer to be brought together. See Commonwealth v. Campana, 452 Pa. at 247, 304 A.2d at 438. In the instant case, the third victim did not die until after appellant's preliminary hearing. Therefore, the third offense of involuntary manslaughter was not known to the prosecuting officer until that proceeding was ended. Under these circumstances, it is not error for the Commonwealth to issue a second indictment, charging a defendant with conduct like that in the first indictment and based on the same transaction. See the Crimes Code, Act of Dec. 6, 1972, P.L. 1482, No. 334, § 1 (18 Pa. C.S. § 110(1) (ii)). Moreover, because all charges in both indictments were consolidated at one trial, the appellant was not subjected to double jeopardy.
Appellant next asserts that the lower court erred in permitting a state police officer who investigated the accident to express his opinion as to the point of impact. As authority for this contention, appellant relies exclusively
[ 235 Pa. Super. Page 114]
on Smith v. Clark, 411 Pa. 142, 190 A.2d 441 (1963), which we find to be inapposite to the case now before us. In Smith, a police officer who did not see the accident under investigation was asked what caused the accident. The Supreme Court held that the admission into evidence of his answer was reversible error, because it called for a conclusion about the ultimate issue which was for the jury's determination.
In the case at bar, the state trooper was thoroughly questioned about what he saw at the scene of the accident. He was then asked his opinion of the location of the accident, not of its cause. His opinion was based on his observations of the oil, debris, and gouge marks at the scene and his training in accident investigation. The officer has a claim to special knowledge which made his testimony useful to the jury. Altman v. Lande, 84 Pa. Superior Ct. 399 (1925). See also Commonwealth v. Ross, 452 Pa. 500, 307 A.2d 898 (1973). Moreover, the jury was cautioned about the weight to be accorded his testimony. The lower court, therefore, was correct in admitting this testimony.
Appellant also contends that there was fundamental error in the charge. However, only a general objection was taken to the charge, and no error has been preserved for our review. Commonwealth v. Watlington, 452 Pa. 524, 306 A.2d 892 (1973).
Appellant finally contends that he was illegally sentenced following his conviction of three counts of involuntary manslaughter. Appellant was sentenced to 1 1/2 to 3 years imprisonment at No. 70 and 1 1/2 to 3 years at No. 121, sentences to run concurrently. We agree with appellant that the sentence was illegal, and will remand for resentencing only.
It has long been the law of this Commonwealth that where more than one death results from a single accident, there is but one injury to the Commonwealth. Commonwealth v. McCord, 116 Pa. Superior Ct. 480, 176
[ 235 Pa. Super. Page 115]
A. 834 (1935). Consequently, the courts of Pennsylvania are without power to impose sentence on more than one charge of involuntary manslaughter arising from that accident. Any attempt to sentence on additional charges is a nullity. Commonwealth v. Cox, 209 Pa. Superior Ct. 457, 228 A.2d 30 (1967); Commonwealth ex rel. Brockway v. Keenan, 180 Pa. Superior Ct. 78, 118 A.2d 255 (1955); Commonwealth v. McCord, supra; Commonwealth v. Ernesto, 93 Pa. Superior Ct. 339 (1928).
These cases are distinguishable from those cited in our recent decision, Commonwealth v. Marker, 231 Pa. Superior Ct. 471, 331 A.2d 883 (1974). Marker dealt with the commission of separate crimes against different individuals, each constituting a separate punishable action. Marker, therefore, is inapposite to the present case. The appellant herein was sentenced on two separate charges of involuntary manslaughter, although the deaths resulted from one accident. The sentence on the second indictment, therefore, is a nullity, and appellant is entitled to be resentenced.*fn4
Appellant also contends that his sentence for the summary offense of driving in the wrong lane of traffic should merge with the involuntary manslaughter sentence. We do not agree with this contention. Driving on the wrong side of the highway is not a lesser included offense to the crime of involuntary manslaughter, although the facts in this particular case establish that appellant violated both the Penal Code and The Vehicle Code by his conduct.
The judgment of sentence imposed at No. 23 October Term, 1973 is affirmed. The case is remanded for resentencing at Nos. 70 and 121 February Term, 1973.
Judgment of sentence imposed at No. 23, October Term, 1973 affirmed; case remanded for resentencing at Nos. 70 and 121, February Term, 1973.
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United States District Court, Northern District of Illinois, Eastern Division
April 30, 2003
MACK BOYD, PLAINTIFF,v.TERRELL PORK, KENNETH BAKER, JR., AND JONATHAN RUSSELL, DEFENDANTS
Mack Boyd, a prisoner in the custody of the Illinois Department of Corrections (IDOC), filed suit under 42 U.S.C. § 1983 alleging that IDOC personnel at Stateville Correctional Center had been deliberately indifferent to his health and safety in violation of the Eighth Amendment. The court initially granted Boyd leave to proceed in forma pauperis and dismissed certain defendants pursuant to 28 U.S.C. § 1915A. The three remaining defendants, correctional officers Terrell Pork and Kenneth Baker, Jr., and medical technician Jonathan Russell,*fn1 have joined in moving for summary judgment under Rule 56, Fed.R.Civ.P.
Boyd's complaint, together with his administrative grievance, Cmplt. Exh. A, give the following account.*fn2 Boyd was confined in the segregation unit at Stateville Correctional Center. Early in the morning of November 29, 2000, Boyd awoke feeling thirsty, but the water was turned off in his cell. He went to the door to call for assistance, and noticed a medication package on the door flap of his cell placed there by defendant Jonathan Russell, a medical technician. Boyd called defendant correctional officer Terrell Pork over to his cell and asked him to turn on the water, and Pork said he would. Boyd then asked Pork whether the medication package was his. Pork asked Boyd's name and identification number. Boyd toll him, and Pork handed the package into Boyd's cell.
When Boyd looked at the package, he saw the medication was intended for another inmate. Boyd was angry because this was the second time in five days that he had received someone else's medication. Boyd had recently been returned to segregation after a suicide attempt; feeling that nobody cared whether he lived or died, Boyd impulsively swallowed the contents of the package, six tablets of Verapamil, a high blood pressure medication.
It is unclear from the complaint and grievance what happened next. Boyd's grievance states that he informed defendant Russell and defendant Baker, as well as an unnamed lieutenant and an unnamed captain, but "it took them from before lunchtime on Nov. 29, 2000 until around shift change at 3:00 p.m. on Nov. 29, 2000 to get me over to the hospital." Boyd does not state when he told each of these persons that he had swallowed the tablets and needed medical care. Boyd alleges in his grievance that in order to receive medical attention he scratched his wrist on the window of his cell and made preparations to hang himself by tying his sheet to a light fixture. He was finally taken to the prison health care unit where his stomach was "flushed out" and he was kept overnight.
Summary judgment is appropriate if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Rule 56(c), Fed.R.Civ.P. In ruling on a motion for summary judgment, the court must draw all reasonable inferences in favor of the nomnoving party, and it may not make credibility determinations or weigh the evidence. Reeves it Sanderson Plumbing Products Inc., 530 U.S. 133, 150 (2000) Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255; Outlaw v. Newkirk, 259 F.3d 833, 836-37 (7th Cir. 2001).
Nevertheless, there is a genuine issue to be tried only if the nonmoving party presents evidence that, if believed, would support a verdict in his favor. Anderson, 477 U.S. at 248; Outlaw, 259 F.3d at 837. It is up to the nonmoving party to identify evidence precluding summary judgment; it is not the court's task to scour the record in search of genuine issues of fact. Brasic v. Heinemann's, Inc., 121 F.3d 281, 285 (7th Cir. 1997).
The Eighth Amendment forbids cruel and unusual punishment; it does not forbid negligent conduct resulting in injury. Although negligence can support a state-law tort claim, federal jurisdiction here depends on the existence of a constitutional deprivation. This case may proceed to trial only if there is evidence that, if believed, would show that Boyd was injured because at least one defendant was deliberately indifferent to a serious risk to his health or safety — that he knew that Boyd faced a substantial risk of serious harm and failed to take reasonable measures to abate it. Farmer v. Brennan, 511 U.S. 825, 847 (1994).
Suicidal death obviously qualifies as serious harm, and deliberate indifference to a serious risk of suicide can violate the Eighth Amendment. Cavalieri v. Shepard, 321 F.3d 616, 2003 WL 464868 (7th Cir. 2003) (applying Eighth Amendment standard to Fourteenth Amendment claim brought by estate of deceased pretrial detainee); Sanville it McCaughtry, 266 F.3d 724, 733 (7th Cir. 2001).
Likewise, deliberate indifference to an prisoner's serious medical condition violates the Constitution. Estelle v. Gamble, 429 U.S. 97, 104-05 (1976); Wynn v. Southward, 251 F.3d 588, 593 (7th Cir. 2001). A "serious medical need" is a condition that has been diagnosed by a physician as mandating treatment or that even a layperson would recognize as requiring a doctor's attention. Wynn, 251 F.3d at 593. The Eighth Amendment can be violated by deliberate and unreasonable delay in providing medical care as well as by outright denial. Langston v. Peters, 100 F.3d 1235, 1240 (7th Cir. 1996).
In support of their motion, defendants have submitted their own affidavits and an affidavit by Dr. Willard Elyea, Medical Director for IDOC.*fn3 Defendants have also submitted excerpts from Boyd's deposition and relevant portions of Boyd's medical records.
Boyd has submitted a "reply" to defendants' motion (a sort of counter-motion) together with a statement of contested facts, a memorandum of law, four of his own affidavits (three "counter-affidavits" responding to affidavits offered by the defendants and a supplemental affidavit), medical records, and excerpts from his deposition.*fn4
Boyd has responded to each paragraph of the defendants' statement of uncontested facts, but has not submitted additional facts as permitted by Local Rule 56.1(b)(3).*fn5 Boyd's responses often do not give specific references to affidavits and supporting materials as required by Local Rule 56.1(b)(3). References such as "see memorandum," "see plaintiff's memorandum and documentation" or "see deposition" are unacceptable. See Brasic, 121 F.3d at 285. Because Boyd is unrepresented by counsel the court will not hold Boyd strictly to the rule, but Boyd cannot complain if the court fails to locate an unspecified reference to Boyd's materials.
A. Serious Medical Need
Defendants dispute that Boyd had an objectively serious medical condition. At least for purposes of this motion, defendants do not dispute that ingesting the tablets would have endangered Boyd's life had he not received treatment. Defendants nevertheless take the position that because Boyd never exhibited clinical symptoms of Verapamil poisoning he did not have an objectively serious medical need requiring treatment and hence has no claim. There is a flaw in this analysis, however.
Dr. Elyea's affidavit states that he reviewed Boyd's medical records and found no symptoms of Verapamil poisoning, which he listed as a significant decrease in blood pressure and heart rate, dizziness, weakness, chest pain, shortness of breath, fainting, and slurred speech or confusion. These symptoms would have been expected to become manifest within four to twenty-four hours after ingestion, depending on the individual. Elyea Aff., Def. Exh. 5, ¶¶ 9-10. Boyd's subjective complaints of abdominal cramping, dizziness or profuse sweating do not appear in the medical records, although they would have been noted, and in any event these are non-specific complaints not associated with an overdose of Verapamil. Id. ¶¶ 11-13. Dr. Elyea opines that, to a reasonable degree of medical certainty, during the twenty-four hours immediately following Boyd's admission to the health care unit he was never in distress and showed no objectively measurable evidence of an overdose of Verapamil. Id. ¶ 21.*fn6
Defendants point out that none of the defendants (or anyone else) saw Boyd swallow the tablets, raising the inference that he never actually swallowed them. Nevertheless, Dr. Elyea does not opine that Boyd did not swallow the tablets, but only that "it cannot be conclusively stated whether Boyd ingested six (6) 240 milligram tablets of Verapamil." Id. ¶ 4.
Dr. Elyea's circumspection is explained by the fact that ingestion of a drug produces symptoms only if and when it enters the bloodstream. Although Dr. Elyea notes that the records do not show that Boyd's stomach was pumped (Boyd used the word "flushed"), id., ¶ 20, they do show that "[Boyd] was given medical treatment in the E.R. — ipecac, with results." Id., Exh. 1 at 3. Ipecac is a powerful emetic given to empty the stomach in cases of suspected poisoning. Although Boyd asserts that hours passed between his ingesting the tablets and his being taken to the health care unit, Boyd was highly agitated at the time, which could have delayed the normal passage of stomach contents into the small intestine. A jury could find that Boyd swallowed the tablets and consequently had a serious medical condition requiring treatment, even if treatment ultimately prevented symptoms of Verapamil poisoning.
This leaves two elements of Boyd's case against each defendant: whether each defendant was deliberately indifferent to that risk, and what injury resulted from it.
B. Deliberate Indifference
1. Defendant Pork
Defendant Pork states in his affidavit that he was aware of verbal suicide threats made by Boyd prior to November 29, 2000, but had not known Boyd "to have ever taken any action in furtherance of any verbal suicide threat I directly overheard" Pork Aff., Def. Exh. 3, ¶¶ 7-8. Pork "never observed any overt action" indicating any inclination to commit suicide, and had no knowledge of whether medical personnel considered Boyd a "genuine suicide risk." Id. ¶¶ 9-10. He did not have access to Boyd's medical or mental health files. Id. ¶¶ 11-12. Boyd "never informed [Pork] on or prior to November 29, 2000, that he would try to commit suicide if he was given another inmate's medication." Id. ¶ 13. Pork testifies that he "never believed that he [Boyd] was a genuine suicide threat," based on "occasions of Boyd making unsubstantiated threats of suicide." Pork testified that he has limited medical training, does not know the effects of Verapamil, and does not know whether it could cause illness or death if not used properly. Id. ¶¶ 4-5.
Although deliberate indifference is subjective, a defendant's own testimony that he was subjectively unaware of a substantial risk of serious harm is not enough for summary judgment if a jury could find otherwise from the evidence in the record. See Cavalieri, 321 F.3d at ___, 2003 WL 464868 at **4. An affidavit is given under penalty of perjury, but avoiding perjury may require less than the whole truth. Pork's affidavit is drafted to place him in the best possible light, but Pork is the moving party and the court cannot ignore the shadows. Pork does not deny the crux of Boyd's complaint — that he handed Boyd a packet of medication knowing it was intended for another inmate, creating not only a risk that Boyd would take the medication, but that the inmate for whom it was intended would not receive it.*fn7 This can only be called reckless.
Did Pork know that there was a risk of serious harm? Pork may not have known the effects of Verapamil, or what dose would be lethal. But a jury would find it unlikely that Pork did not know that many medications are dangerous in excess of the prescribed dose, particularly for someone for whom they were never prescribed. A correctional officer will not be liable if he remains ignorant of an obvious risk — but the obviousness of the risk will support a finding that he was not ignorant of it. Farmer, 511 U.S. at 842-43.
Could a jury infer that Pork knew it was a substantial risk? Pork admits he knew that Boyd had threatened suicide. Pork testified that he did not believe Boyd was a "genuine" suicide risk, but does not state what lay behind that belief, other than the fact that Boyd had not succeeded in killing himself. Pork asserts he did not know that Boyd had ever acted upon "any verbal suicide threat I directly overheard," leaving open the possibility Pork knew that Boyd had acted on threats he had not directly overheard. Boyd testifies that Pork had seen him attempt suicide and had once taken him to the hospital after a suicide attempt. Boyd Aff. (Pork) ¶ 4.
According to Pork, Boyd never told him he would attempt suicide if given another inmate's medication. But the question is not what Boyd told Pork, it is what Pork thought Boyd might do. Pork has not suggested any constructive purpose that might have motivated him to give Boyd six Verapamil tablets, and Boyd testified that Pork told him, "go ahead, kill yourself, I don't care." Id., ¶ 3.
It is well known that some suicide attempts are not intended to be lethal and are made to attract attention or sympathy. But it is equally well known that occasionally such attempts succeed. A person may act impulsively with lethal intent and repent a moment later. Repentance is more likely to be lifesaving if the would-be suicide has chosen pills rather than a method more immediately lethal, but the risk of death is nevertheless both real and intended.
Even if Pork had believed that Boyd was only capable of staging a suicide attempt to draw attention to himself, the possibility that Boyd would swallow the tablets and immediately call for help could be found to be a serious risk. There was no guarantee of a quick response to an immediate demand for medical attention, creating a risk that Boyd would kill himself even if he hadn't intended to. A jury could find that in giving Boyd the medication packet he was deliberately indifferent to a serious risk of harm.
Boyd may also have a claim against Pork for denying him medical attention. Although not mentioned in either the complaint, Boyd's response to defendants' statement of uncontested facts, or Boyd's affidavits, it appears from portions of Boyd's deposition testimony offered by defendants that after swallowing the tablets Boyd called Pork back to his cell and told him what he had done, but Pork walked away and did not call for medical attention. See Def. Exh. 4 at 27, 29.
2. Defendant Russell
Boyd alleged that Russell placed another inmate's medication on the door flap of his cell. Russell denied this in his affidavit, Russell Aff., Def. Exh. ¶ 12; Boyd responded by asking if Russell didn't put it there, who did? Plf. Rule 56.1(b) Statement ¶ 75. This does not meet Boyd's burden of coming forward with contrary evidence.
Boyd has not testified that he saw Russell put the package on the door. Boyd apparently infers that Russell placed it there because he was the medical technician on duty and it would have been his job to deliver medications to inmates' cells, escorted by a correctional officer. See Boyd Aff. (Supp.) ¶¶ 5-6; Boyd Aff. (Pork) ¶¶ 2, 3, 6. But even if a jury could find that Russell placed the packet on Boyd's cell door flap, Boyd has offered no evidence to show that Russell knew he was giving Boyd someone else's medication. A jury could find only negligence, which would not support an Eighth Amendment claim. Farmer, 511 U.S. at 835-36; Wynn, 251 F.3d at 593.
Boyd asserts that Russell knew that Boyd was a suicide risk, but this knowledge would not convert negligence into deliberate indifference. Russell's placing another inmate's medication on the door of a known suicide risk would still be no more than negligence, unless Russell actually knew it was the wrong medication. Boyd offers no evidence that he did.
Boyd's claim that Russell denied him medical care after Boyd told him that he had swallowed the tablets is also not supported by the record. According to Russell's affidavit, he responded to a request for medical attention from Boyd. Boyd told him that he had taken six 240-milligram Verapamil tablets. Russell examined Boyd, beginning by asking Boyd a series of questions to determine whether he was oriented and aware, which Boyd answered appropriately. Russell took Boyd's "vital statistics" (he does not state what they were) and observed that Boyd was "boisterous and energetic" and "did not indicate any medical distress or symptoms of over-dose." Russell Aff. ¶¶ 14-19. Russell asked to see the medication package, but Boyd refused to give it to him. Id. ¶¶ 20-21. Although he did not believe Boyd was in any danger, "pursuant to protocol," Russell "made preparations to have [Boyd] transferred to the Health Care Unit." Id. ¶¶ 22-23.
Boyd disputes that he was "boisterous and energetic" and that he answered Russell's questions appropriately. Boyd can testify as to his own condition, but while this creates a dispute of fact, it does not create a dispute of material fact. A material fact is one that makes a difference. Outlaw, 259 F.3d at 840. Because Russell had Boyd taken to the health care unit anyway, it does not matter whether or not Boyd was actually in distress or whether Russell perceived him to be. The evidence in the record does not show that Russell caused Boyd's medical treatment to be delayed or denied.
The court notes a troubling inconsistency between Boyd's admission that Russell immediately sent him to the health care unit after examining him and Boyd's statement in his grievance that Russell denied him medical care. Boyd's statement in the grievance is unsworn and of no evidentiary value. Nevertheless, Boyd's supplemental affidavit indicates that Russell was present when Boyd initially announced to Pork that he had swallowed the tablets, and Boyd states that "they left my cell" and "they did [not] do anything." Boyd Aff. (Supp.) ¶¶ 5-10. If true, this would amount to a separate claim against Russell.
Nevertheless, this possibility does not defeat Russell's summary judgment motion. If this separate, earlier encounter with Russell took place and was deliberately omitted from defendants' statement of undisputed facts, it was incumbent upon Boyd to raise it in his response to the statement. Boyd did not do so. Nor did Boyd mention it in his affidavit responding to Russell's affidavit, nor in his memorandum of law. Boyd may have realized that he had only assumed that Russell was with Pork, and could not testify that Russell had been close enough to his cell door to hear what he said to Pork. (Cell doors in the segregation unit are solid, with ports that can be opened from outside the cell. See Boyd Dep., Def. Exh. 4, at 61, Pork Aff. ¶ 17.) Whatever the reason, any such claim has been waived, and Russell is entitled to summary judgment.
3. Defendant Baker
In his affidavit, Baker admits that he was a correctional officer assigned to the segregation unit at Stateville on November 29, 2000, and was acquainted with Boyd. Baker denies, however, having had any knowledge of the contents of Boyd's medical or mental health files, prior suicidal threats or acts on Boyd's part, whether medical personnel considered Boyd a genuine suicide risk, and the effects of Verapamil. Baker testifies that Boyd never told him that he would try to commit suicide if given another inmate's medication, and never told him that he had ingested six Verapamil tablets and wanted medical attention. Baker "do[es]s not recall any occasion with Boyd on November 29, 2000 in which the inmate appeared to be seriously ill or in need of medical attention."
These statements, even uncontroverted, would not show that Baker is entitled to judgment as a matter of law. What Baker does not recall, of course, proves nothing. Baker's contrastingly precise recollection, that Boyd never told him that he had ingested six Verapamil tablets and wanted medical attention, does not exclude the possibility that Boyd asked for medical attention without naming the drug he had taken. Baker's lack of knowledge of Boyd's suicidal propensities is relevant but hardly dispositive. A jury would not be compelled to find that Baker was not deliberately indifferent because he had no reason to believe Boyd would poison himself until Boyd told him he had done so.
Boyd responded in his counter-affidavit as follows:
[C]orrectional Officer Kenneth Baker worked my housing
unit and had fed lunch. While feeding I informed
Kenneth Baker that I had ingested some medication and
I was cramping and feeling oozy. That I begged this
officer to get me medical attention. This officer also
worked with C/O [Correctional Officer] Pork and should
have known that I was suicidal that I was in need of
medical attention. This C/O K. Baker did not get me
medical attention after I took the pills.
Boyd admitted at his deposition that he did not know whether Baker did anything to obtain medical care for him. Boyd Dep., Def. Exh. 4 at 61. Nevertheless, it is reasonable to infer that Boyd did not receive medical attention within a reasonable time because Baker did not request it.
The court may not decide questions of credibility in ruling on a motion for summary judgment and must accept that Boyd told Baker he had "ingested some medication," felt ill, and wanted to see a doctor. Baker was not required to believe what Boyd said, a jury will not be required to believe that Baker believed it, or even that Boyd said it, but, depending on whom jurors believe, a jury could believe that Boyd said it, Baker heard it, Baker believed Boyd was sick, and did nothing. That is enough to avoid summary judgment.
C. Injury
In a case such as this there is no claim without an injury. Niehus v. Liberio, 973 F.2d 526, 531-32 (7th Cir. 1992). Defendants assert that Boyd has no ongoing problems he attributes to the alleged overdose of Verapamil, Def. Rule 56.1(b) Statement ¶ 18, and, inconsistently, that Boyd has no medical evidence that the headaches he does attribute to it are caused by it.*fn8 Id. ¶¶ 16, 17. Nevertheless, defendants do not contend that Boyd has suffered no compensable injury at all, and a jury could award damages in the absence of sequelae.
Defendants' motion for summary judgment is granted as to defendant Russell and denied as to defendants Fork and Baker. As it appears that a trial will be necessary, the court will enter a separate order appointing counsel to represent Boyd.
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Tyler Weaver, a senior, recovers a blocked punt and takes it into the end zone for a touchdown as the Air Force Falcons took on the Boise State Broncos at the U.S. Air Force Academy's Falcon Stadium in Colorado Springs, Colorado, Nov. 25, 2016. Air Force beat No. 19 Boise State 27-20, ending the Broncos' bid for the Mountain West title. The Falcons are heading to their ninth bowl game since......
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1808 Meadowlark Drive,Polk City IA, 50226
4 beds , 3 Full/1 Half baths
1,632 sq. ft
Status: Active
Berkshire Hathaway HomeServices First Realty
(515) 453-7200
Last Updated: 12/3/2016 9:07 AM
Description for 1808 Meadowlark Drive Polk City, IA 50226
Classic Builders presents the Reagan XL plan upgraded Rustic Elevation. With over 2,700 sq. ft. quality finish, 4 bedrooms, 3.5 bathrooms and 3 car attached garage! Open floor plan with 9' ceilings throughout. 10' tray in living room ceiling, stone fireplace and eat-in kitchen featuring hardwood flooring, quartz countertops, island/breakfast bar, tile backsplash, stainless steel appliances, recessed and pendant lighting! Off of dinning is a covered deck. Lots of privacy too with 2 bedrooms on one end of the home, sharing a Jack-N-Jill bath and the master suite on the opposite side of the home revealing a master with 10' tray ceiling, bath with double vanity, tiled shower, jacuzzi tub and large walk-in closet. This home also features a half bath and mudroom/laundry room with built-in lockers. Over 1,100 sq. ft. finish in lower level provides a family room, wet bar, full bath, 4th bedroom.
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Room Information
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Dishwasher, Microwave, Stove
Hardwood, Tile, Carpet
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Gas Heat, Forced Air
Daylight, Finished
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Current market conditions for 1808 Meadowlark Drive
Active Market Trends
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Median list price$329,900
Days on market160
Properties for sale49
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Median sold price$299,900
Sales to list price9,979.0%
Properties sold86
Median sq ft price$181
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Listing Price History for 1808 Meadowlark Drive
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Polk City is located in Iowa. Polk City, Iowa 50226 has a population of 3,451.
The median household income in Polk City, Iowa 50226 is $89,167. The median household income for the surrounding county is $58,096 compared to the national median of $53,046. The median age of people living in Polk City 50226 is 38.3 years.
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Sarah DougherView in iTunes
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Portland, OR-based singer/songwriter Sarah Dougher has played in groups like the Lookers, The Crabs and Cadallaca, which also features Sleater-Kinney's Corin Tucker. In addition she holds a Ph.D. in Comparative Literature, teaches Greek and Roman Literature and writes for the Willamette Week, San Fransisco Bay Guardian and other publications. Dougher also wrote Sent Out On The Tracks They Built: Sinophobia in Olympia, 1886, a book on racism and railroad building in Olympia, WA, with artist Nikki McClure. Her personal and political solo debut album, Day One, was released in 1999 on K Records; Walls Ablaze, her second album and her first for Mr. Lady Records, appeared in spring 2000 and shows in England, Japan and the eastern U.S. followed. She and fellow collaborator Jon Reuter played The Knitting Factory in New York City for a month-long residency in January 2001, selling out every show and earning props from The New Yorker, The New York Times, and The Village Voice. As one of the founders of the rising Ladyfest festival, Dougher played Ladyfest Glasgow in summer 2001, just prior to issuing her third studio effort The Bluff. ~ Heather Phares
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6 months
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Ebbie is an adorable little stocky chihuahua mix puppy, about 4 months old. She would love to have a little girl to dress her up and play with her.
If you are interested in adopting this dog, please complete an online application at www.cvrr.us
Many of our dogs can be seen at Petsmart in Visalia on Saturdays between 10 and 3.


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Jason Graves is a composer who, with his fellow composer Rod Abernethy, scored music for all three of Bethesda Softworks' Star Trek video games: Legacy, Tactical Assault and Encounters.


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April 26, 2013
PHILIP ROSATI, PLAINTIFF,v.IGBINOSO, CHIEF MEDICAL OFFICER, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; AND SUSAN HUBBARD, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, DEFENDANTS.
Philip Rosati, a state prisoner appearing pro se and in forma pauperis, filed a civil rights Complaint under 42 U.S.C. § 1983.*fn1 Rosati is currently in the custody of the California Department of Corrections and Rehabilitation, incarcerated at the R. J. Donovan Prison, Facility 3, San Diego.
This Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity.*fn2 This Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that "fails to state a claim on which relief may be granted," or that "seeks monetary relief against a defendant who is immune from such relief."*fn3
Likewise, a prisoner must exhaust all administrative remedies as may be available,*fn4 irrespective of whether those administrative remedies provide for monetary relief.*fn5
In determining whether a complaint states a claim, the Court looks to the pleading standard under Federal Rule of Civil Procedure 8(a). Under Rule 8(a), a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief."*fn6 "[T]he pleading standard Rule 8 announces does not require 'detailed factual allegations,' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation."*fn7 Failure to state a claim under § 1915A incorporates the familiar standard applied in Federal Rule of Civil Procedure 12(b)(6), including the rule that complaints filed by pro se prisoners are to be liberally construed, affording the prisoner the benefit of any doubt, and dismissal should be granted only where it appears beyond doubt that the plaintiff can plead no facts in support of his claim that would entitle him or her to relief.*fn8
This requires the presentation of factual allegations sufficient to state a plausible claim for relief.*fn9 "[A] complaint [that] pleads facts that are 'merely consistent with' a defendant's liability . . . 'stops short of the line between possibility and plausibility of entitlement to relief.'"*fn10 Further, although a court must accept as true all factual allegations contained in a complaint, a court need not accept a plaintiff's legal conclusions as true.*fn11 "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice."*fn12
Rosati alleges that he is a transsexual male suffering from Gender Identity Disorder ("GID). Rosati further alleges that he requested gender reassignment surgery,*fn13 but was refused because CDCR policy precludes evaluation of the extent of GID and, if considered medically necessary, gender reassignment surgery.*fn14
According to Rosati his GID causes him to suffer serious adverse psychological distress. Rosati complains that the refusal to complete his gender reassignment surgery constitutes deliberate indifference to a serious medical condition. Rosati seeks a psychiatric examination by a GID expert to assist in determining whether his GID condition is extreme and, if considered medically necessary, sexual reassignment surgery.
In denying relief at the final level of administrative review the Director held:
Appeal is denied.
Your CDCR 602-HC indicated you were diagnosed with Gender Identity Dysphoria (GID) and you were a transgender (male to female) individual; you stated on July 19, 2010, you submitted a CDC 7362, Health Care Services Request Form, requesting to see your primary care provider (PCP) to request sex reassignment surgery (SRS) or surgery to remove your penis and reposition your urethra so you could sit to urinate without making a mess; you indicated your request was ignored; as of July 29, 2010, you had not seen a nurse or a PCP; you also reported a history of prior self-mutilation attempts and you felt having male genitalia while having other physical characteristics of a woman, had led to significant psychological distress; you believed SRS, along with hormonal treatment, and living as a female was the only appropriate measures for GID; and you claimed you were being denied key aspects of therapy for you condition; and you believed CDCR policy was discriminatory against transgender individuals.
You requested the following:
* An immediate appointment with a PCP and documentation of your request for SRS.
* A consultation with a surgeon regarding SRS.
* The Medical Authorization Review Committee (MARC) evaluates your request and you receive an answer on this matter.
Informal Level:
The informal level was bypassed and the appeal was elevated from the informal level to the first level of review.
First Level:
At the first level, submitted on July 29, 2010, you stated your issues and requests as noted above.
The First Level Response (FLR) stated your appeal was denied and indicated:
* Your request was considered cosmetic and not medically necessary; therefore, your request for a consultation and SRS was denied.
Second Level:
At the second level, submitted on October 31, 2010, you disagreed with the FLR; you claimed SRS was not cosmetic; and you believed treatment, including SRS was medically necessary for your condition.
The Second Level Response (SLR) stated your appeal was partially granted and indicated:
* You received an appointment with your PCP regarding your request for SRS.
* Your PCP evaluated you and thoroughly reviewed your UHR and indicated SRS or a consultation with a provider who performed this surgery was not medically indicated, as this was a cosmetic procedure which could not be carried out while in prison per the California Code of Regulations, Title 15.
* Review by MARC was not medically necessary.
* The Chief Medical Officer agreed with the PCP's decision.
* Your appeal was accepted and filed.
At the Director's Level of Review (DLR), submitted on January 4, 2011, you stated you clearly cited (in all your writings) SRS was not elective nor cosmetic, but rather medically necessary, and the only recognized treatment for patients with extreme GID; and you believed denying you this treatment was deliberate indifference towards your medical needs.
A review of the appeal file was performed and revealed the following:
* Your recent and current treatment for GID included mental health follow-up, Delestrogen (estradiol valerate) injections and Spironolactone (Aldactone), an anti-androgen medication.
* None of your providers involved in your management documented you as having a profound or severe case of GID, and/or required consideration for SRS to appropriately manage your condition.
* Documentation indicated your status was stable and you were exhibiting symptom control.
* A consultation with the endocrinologist for GID management was approved in December 2010; the appointment was pending.
The Department shall provide only medical services for patient-inmates that are based on medical necessity and supported by outcome data as effective medical care. In the absence of available outcome data for a specific case, treatment will be based on the judgment of the physician that the treatment is considered effective for the purpose and is supported by diagnostic information. Inmates may not demand particular medication, diagnostic evaluation, or course of treatment. The California Code of Regulations (CCR), Title 15, Section 3354, Health Care Responsibilities and limitations, (a) Authorized Staff, states, "Only facility-employed health care staff, contractors paid to perform health services for the facility, or persons employed as health care consultants shall be permitted within the scope of their licensure, to diagnose illness or, prescribe medication and health care treatment for inmates. No other personnel or inmate may do so."
You are considered an active partner and participant in the health care delivery system. You are encouraged to cooperate with your clinicians in order to receive the proper care and management of your condition. You will continue to be evaluated and treatment will be provided based on your clinician's evaluation, diagnosis, and recommended treatment plan, in accordance with appropriate policies and procedures.
You may request the services of an outside consultant by following the directions in the California Code of Regulations, Title 15, Section 3354 (c). However, be advised all costs associated with an outside consultation, including evaluations, tests, custodial supervision, transportation, etc., are the responsibility of the person requesting the outside evaluation.
After review, there is no compelling evidence that warrants intervention at the Director's Level of Review as your medical condition has been evaluated by licensed clinical staff and you have received and/or are receiving adequate medical care.
The rules governing these issues are: California Code of Regulations, Title 15; Inmate Medical Services Program Policies and Procedures (2006); Mental Health Services Delivery System (MHSDS); and the Department Operations Manual.
No changes or modifications are required by the institution.
This decision exhausts your available administrative remedy within the CDCR.*fn15
It is unquestionably the law that the deliberate indifference to the serious medical needs of a prisoner violates the Eighth Amendment.*fn16 To make a claim, Rosati must show that Defendants exhibited "deliberate indifference to serious medical needs."*fn17
Where a plaintiff has failed to allege a physical injury, he may not bring an action for mental or emotional injury.*fn18 While the physical injury need not be significant, it must be more than de minimis.*fn19
In Estelle the Supreme Court distinguished "deliberate indifference to serious medical needs of prisoners," from "negligen[ce] in diagnosing or treating a medical condition," holding that only the former violates the Constitution.*fn20
In short, Eighth Amendment liability requires "more than ordinary lack of due care for the prisoner's interests or safety."*fn21 In determining deliberate indifference, the court scrutinizes the particular facts and looks for substantial indifference in the individual case, indicating more than mere negligence or isolated occurrences of neglect.*fn22 The Ninth Circuit has spoken to the subject of the appropriate test under Estelle:
In the Ninth Circuit, the test for deliberate indifference consists of two parts. First, the plaintiff must show a serious medical need by demonstrating that failure to treat a prisoner's condition could result in further significant injury or the unnecessary and wanton infliction of pain. Second, the plaintiff must show the defendant's response to the need was deliberately indifferent. This second prong-defendant's response to the need was deliberately indifferent-is satisfied by showing (a) a purposeful act or failure to respond to a prisoner's pain or possible medical need and (b) harm caused by the indifference. Indifference may appear when prison officials deny, delay or intentionally interfere with medical treatment, or it may be shown by the way in which prison physicians provide medical care. Yet, an inadvertent [or negligent] failure to provide adequate medical care alone does not state a claim under § 1983. A prisoner need not show his harm was substantial; however, such would provide additional support for the inmate's claim that the defendant was deliberately indifferent to his needs. If the harm is an isolated exception to the defendant's overall treatment of the prisoner [it] ordinarily militates against a finding of deliberate indifference.*fn23
In this case, neither Defendant has deliberately ignored or failed to respond to Rosati's medical needs. At most, Rosati's Complaint establishes a disagreement with the prescribed course of treatment, which is "insufficient as a matter of law, to establish deliberate indifference."*fn24 "To prevail on a claim involving choices between alternative course of treatment, a prisoner must show that the chosen course of treatment 'was medically unacceptable under the circumstances,' and was chosen 'in conscious disregard of an excessive risk to [the prisoner's] health.'"*fn25 Rosati's claim does not meet this standard.
Because it does not appear that Rosati can plead facts sufficient to state a colorable claim of deliberate indifference, the complaint is properly dismissed without leave to amend. To the extent that the Complaint may raise state-law claims, this Court declines to exercise its supplemental jurisdiction over them.*fn26
Accordingly, it is therefore ORDERED that the Complaint on file herein is DISMISSED without prejudice and the Clerk of the Court is directed to enter judgment dismissing the Complaint.
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Get your little one moving with Imagination Playschool! A fun way for kids 7 and under to make new friends, play on climbing towers, tumbling mats, big wheels and the imagination playground. During the month of November, check out the extra activities!Mondays: Story Time - 9:30 - 10:15 a.m. Kids four and under are invited for stories, songs rhymes and dance. Mondays: Creativity Coach - 10:30 - 2:30 p.m. You and your child can dance and have guided play on the equipment.Wednesdays: VIP and Me 9:30 - 10:15 a.m. Explore creative movement and dance concepts through guided and free play while enhancing the relationship between the caregiver and child (open to children 5 and under) Fridays: Bounce HousesImagination Playschool will not be available on the following dates, November 11 and 25December 23, 26, 28 and 30January 2 and 16
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Description from the owner
Description from the owner
Bedrooms: 3/
Bathrooms: 2/
Sleeps: 6/
Type: House
Book this 3 bedroom, 2 bathroom house in Swans Island today! A total of 6 people can sleep here comfortably. This property has been booked 1 times.
Guests can enjoy a deck, parking space, and internet access among other amenities offered by this rental.
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Costs vary, with the average weekly rate as low as $1,050.00, depending on travel dates.
The owner responds to 75% of inquiries and last updated the property's calendar 2 months ago, so this rental may not be available for your requested dates, but please inquire to confirm.
Proximity to TripAdvisor's Top Swans Island Attractions
Proximity to TripAdvisor's Top Swans Island Attractions
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Since his childhood days as a choirboy, Aled Jones has always loved choral music. So every Sunday on Classic FM, he invites you to be spiritually uplifted by his Choral Classic. Find out more about the pieces here and reflect on a stunning photo as you listen.
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Ronald Corp may be best known as a conductor but he has composed considerable amounts of music for choir. The poem, 'i carry your heart with me' by E.E. Cummings has been a selection at weddings for many years. The poem has gained renewed interest since being featured in the film, 'In Her Shoes.'
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Once you choose your class, you'll enter the first dungeon. The class you choose deeply effects how you'll play the game. Not only will it change how you attack, Wayward Souls is about staying alive, so durability is a big part of your choice. In this way, you can almost think of the classes as difficulty levels. The Warrior will probably last the longest of the three characters because he's the most durable. Playing the other classes requires you learn how to play around their specific vulnerabilities. In other words, I recommend you start as a Warrior, learn the ropes, then move on to the other classes.
Tons of replay value
Even when you play the Warrior class, it will take several games to finish even the first dungeon. Health potions are few and far in between, so hacking and slashing blindly won't help you.
In Wayward Souls, dodging attacks from monsters is almost as important as getting the kill because when you reach the end of the fifth floor of the dungeon, you will fight your first boss. Any health you've managed to save will be all you have against the strongest monster in the game yet. Don't forget: if you die, you start over from the beginning.
Therein lies how the game sucks you in. With every bit of health a valuable commodity, you'll need to learn how to avoid each monster's attack. You'll play several times just to master your movements, and even more when you play the other "weaker" classes. Mastering each class is what brings you back to the game for another round, and makes the payoff that much greater when you can finally finish a dungeon.
Fortunately, the game gives you a little help in the form of upgrades and skill bonuses. At the beginning of a run, you'll have the option to use earned coins to buy upgrades for various skills. Some will help you regenerate health faster, while others might make your attack stronger. Your upgrades carry over game to game, so you can come back the next time even stronger than the last.
Weapon and equipment upgrades happen within the dungeon whenever you find one of the shrine-like structures. The game will give you two upgrade options for a single item making it stronger than before. These upgrades do not carry over between games, but could be just the thing to make you survive in your current game.
Wayward Souls, on the surface, is your garden variety hack-and-slash RPG, but after a few plays it becomes much more involved. The game forces you to play defensively even as you mow down hordes of monsters and every item you find suddenly becomes valuable as a possible aid to your survival.
While I like the touch controls for the most part, I don't like that I have to stop the game to look at my four-slot inventory. It seems like it wouldn't be too jarring to have a couple of buttons for inventory items, so hopefully it's something Rocketcat will consider adding.
Still, even with these minor control issues, Wayward Souls is a deceptively deep game, with tons of replay value as you try to conquer difficult dungeons.


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