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November 8, 2012
ORLANDO FERNANDEZ, PLAINTIFFv.DONALD REIHART, SOLICITOR, ET AL.DEFENDANTS
I. Introduction
Plaintiff, Orlando Fernandez, is an ICE (or "INS") detainee confined at the Clinton County Prison in McElhatten, Pennsylvania. He filed this 42 U.S.C. § 1983 lawsuit based on his treatment while he was confined at the York County Prison. He makes a claim for excessive force arising from an altercation with prison personnel and several claims for unconstitutional medical treatment, some of the treatment arising from the altercation.
The "medical defendants" have filed a motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. They argue that, at most, Plaintiff alleges only a disagreement with their treatment of his conditions, which is insufficient for a civil-rights claims based on medical care. The medical defendants are: Dr. Rollings-Mazza, Dr. Erik Von Kiel, Jennifer Miosi, Chris Jensen, Toby Catone, Jeff Leer, Shannon Taylor, Robin Rochow, Michelle Rau, Laura Skaggs and John/Jane Does.
II. Standard of Review
In considering a motion to dismiss under Fed. R. Civ. Proc. 12(b)(6), "[w]e 'accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief.'" Byers v. Intuit, Inc., 600 F.3d 286, 291 (3d Cir. 2010)(quoted case omitted).
A complaint need only contain "a short and plain statement of the claim," Fed. R. Civ. P. 8(a)(2), and detailed factual allegations are not required, Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964, 167 L.Ed.2d 929 (2007). Nonetheless, a complaint has to plead "enough facts to state a claim to relief that is plausible on its face." Id. at 570, 127 S.Ct. 1955 at 1974. "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 556, 127 S.Ct. at 1965). "[L]abels and conclusions" are not enough, Twombly, 550 U.S. at 555, 127 S.Ct. at 1964-65, and a court "'is not bound to accept as true a legal conclusion couched as a factual allegation.'" Id., 127 S.Ct. at 1965 (quoted case omitted).
With this standard in mind, we set forth the background pertinent to the medical claims, as Plaintiff alleges it.
III. Background
Plaintiff alleges as follows. On February 16, 2010, defendant Captain Bolding "thr[ew him] to the floor in a harsh manner . . . while [he was] still handcuffed," and several correctional officers "fell upon [him] while he was on the floor." (Compl. ¶¶ 31-32). "Plaintiff began screaming in pain and stated that he was being hurt," and he "was [then] escorted to the crosshall medical unit." (Id. ¶¶ 33, 45).
Plaintiff was examined by "Nurse Laura Doe" (identified as Laura Skaggs) and he "asked [her] to transport him to the hospital for evaluation and treatment because he was in severe pain." (Id. ¶¶ 46-47). "Plaintiff was examined briefly by the nurses in the medical unit and the uniformed officers were informed that [he] was fine and fit to return to his unit even though [he] asserted that he was in severe pain." (Id. ¶ 50). As a result of "disruption," Plaintiff was then placed "into administrative segregation." (Id. ¶ 54).
The following day, February 17, at Plaintiff's request, he was taken to the "INS" medical unit. (Id. ¶¶ 59-60). The nurse at that unit said "she did not know what to do for Plaintiff" and she and Nurse John/Jane Doe "placed him into a wheelchair and transported him to the cross hall medical unit for further observation." (Id. ¶ 67). At the cross hall unit, "Nurse John/Jane Doe . . . examined the Plaintiff's ankle and directed that the ankle be treated with ice." (Id. ¶ 68).
Physician's assistant, defendant Toby Catone, then examined Plaintiff, causing him to "scream[ ] out in pain" when she touched his back. (Id. ¶¶ 70-71). She "prescribed pain medication and directed him to leave her office." (Id. ¶ 72).
On February 18, "Plaintiff was called to the cross halls medical unit. He was denied a request to use a wheelchair and hopped to the unit. (Id. ¶¶ 77-78). At the unit, Plaintiff was given X-rays on his "ankle and thumb . . . but not his hand, writs (sic) shoulder [or] back." (Id. at ¶ 79).
Between February and October, Plaintiff continued to receive treatment for his "severe pain" from prison medical personnel, INS medical personnel, and from doctors at York Hospital. (Id. ¶¶ 121, 127-133, 136-137, 139, 141, 143-145, 150, 155-157, 162-164, 176, 201, 206-207, 240).
On March 30, 2011, about six weeks after the altercation, Plaintiff was treated "for the first time by a doctor at York Hospital." (Id. ¶ 136). His evaluation indicated he had a broken rib and nerve damage to his left thumb. He was told he needed physical therapy for injuries to his right ankle, knees and left hand. (Id. ¶ 137). He was seen at York Hospital again on May 11, 2010, and on August 31, 2010. (Id. ¶ 150 and 206). At the last visit, he was told "he would never regain feeling in his left thumb because the damage was permanent and that Plaintiff's file would be marked as he should seek treatment at the hospital as often as is needed." (Id. ¶ 207).
Plaintiff also alleges that he was denied access to York Hospital on several occasions (id. ¶¶ 47, 176, 306, 308), that prison officials denied several of his medical grievances (id. at ¶¶ 225, 230, 257-258, 266), and that he now suffers from the "inability to bend, walk, kneel for prolonged periods, hypertension, severe pain in his back, neck, ankle, shoulder, back (sic), and permanent damage to his left thumb . . . as well as mental health disorders such as anxiety, depression, post traumatic stress disorder, [and] nervousness." (Id., at p. 44).
Plaintiff's complaint states eight causes of action. Only the first one alleges a violation of the Eighth Amendment for the medical care Plaintiff received.*fn1
IV. Discussion
The Eighth Amendment "requires prison officials to provide basic medical treatment to those whom it has incarcerated." Rouse v. Plantier, 182 F.3d 192, 197 (3d Cir. 1999)(citing Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976)). The Eighth Amendment prohibits the "'unnecessary and wanton infliction of pain contrary to contemporary standards of decency.'" Id. (quoting Helling v. McKinney, 509 U.S. 25, 32, 113 S.Ct. 2475, 125 L.Ed.2d 22, 31 (1993)). In the context of prison medical care, in order to state a cognizable claim for the denial of medical treatment, the plaintiff must prove that (1) he had a serious medical need, and (2) that the defendants were deliberately indifferent to that need. Id.
Deliberate indifference requires "obduracy and wantonness," "a recklessness or conscious disregard of a serious risk" to the prisoner. Rouse, supra, 182 F.3d at 197 (quoted cases omitted). Accordingly, a "medical decision not to order an Xray, or like measures, does not represent cruel and unusual punishment. At most it is medical malpractice." Estelle, 429 U.S. at 107, 97 S.Ct. at 293. "[A]s long as a physician exercises professional judgment his behavior will not violate a prisoner's constitutional rights." Brown v. Borough of Chambersburg, 903 F.2d 274, 278 (3d Cir. 1990). Further, one doctor's disagreement with the professional judgment of another doctor is not actionable under the Eighth Amendment. See White v. Napoleon, 897 F.2d 103, 110 (3d Cir. 1990). In other words, negligence, unsuccessful medical treatment, or medical malpractice does not give rise to a § 1983 cause of action, and an inmate's disagreement with medical treatment is insufficient to establish deliberate indifference. See Young v. Quinlan, 960 F.2d 351, 358 n.18 (3d Cir. 1992); see also Durmer v. O'Carroll, 991 F.2d 64, 69 (3d Cir. 1993).
In moving to dismiss the Eighth Amendment medical claims against them, the medical defendants have gone through each allegation against each of them and argue that the allegations of Plaintiff's complaint are not sufficient to show that they violated Plaintiff's Eighth Amendment rights. Instead, the allegations establish, at most, that Plaintiff disagrees with the care they provided him, and a plaintiff's disagreement with the care he received is not sufficient to plead an Eighth Amendment medical claim. In opposition, Plaintiff asserts that he has stated valid claims, conducting his own review of the complaint.
We have reviewed the parties' briefs, and we agree with the medical defendants that Plaintiff's complaint fails to allege valid Eighth Amendment claims against them. The complaint alleges only that Plaintiff received treatment and that he disagrees with the treatment he received. There is a possibility that there was some medical negligence, but that is also insufficient for an Eighth Amendment claim. Additionally, some of the allegations concerning the treatment given are not specific enough as to the extent of the treatment. (It is not helpful simply to allege that the defendant "failed to provide Plaintiff with adequate or appropriate mental health services." (Compl. ¶ 326)).
If we find the claims deficient, Plaintiff has requested leave to amend. We will grant that request. The amended complaint need only focus on the claims against the medical defendants; it need not also reassert the claims against the other defendants. Unlike the current complaint, it shall also comply with Fed. R. Civ. P. 8(a)(2).*fn2
We will issue an appropriate order.
William W. Caldwell United States District Judge
ORLANDO FERNANDEZ, Plaintiff v. DONALD REIHART, Solicitor, et al. Defendants
AND NOW, this 8th day of November, 2012, upon consideration of the Medical Defendants' motion (Doc. 4) to dismiss the complaint as against them, it is ordered that:
1. The motion is granted.
2. Plaintiff's complaint is dismissed as against the Medical Defendants, Dr. Rollings-Mazza, Dr. Erik Von Kiel, Jennifer Miosi, Chris Jensen, Toby Catone, Jeff Leer, Shannon Taylor, Robin Rochow, Michelle Rau, Laura Skaggs and medical John/Jane Does.
3. Plaintiff is granted twenty-one (21) days from the date of this order to file an amended complaint against the Medical Defendants, Dr. Rollings-Mazza, Dr. Erik Von Kiel, Jennifer Miosi, Chris Jensen, Toby Catone, Jeff Leer, Shannon Taylor, Robin Rochow, Michelle Rau, Laura Skaggs and medical John/Jane Does, setting forth with sufficient factual specificity his Eighth Amendment medical claims against them. Failure to comply with Fed. R. Civ. P. 8(a)(2) will result in dismissal of any amended complaint.
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Colombia defeated Nigeria 2-0 at the Arena Corinthians in Sao Paulo on Wednesday to reach the quarter finals of the Olympic Games.
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text:
Customers at Cafť Barada do not eat restaurant food; they eat Lebanese home-cooked meals, according to co-owner Charbel Salameh.
"It is absolute home cooking," said Salameh, 32, of Belmont.
Named after Haouch Barada, the region of Lebanon where the Salameh family is from, the restaurant exudes a Middle Eastern feel with its dark-wood furniture and multi-colored tile.
Salamehís uncle opened the restaurant in 1985 in Arlington, but his parents bought it about 10 years ago. The goal, he said, is to share the familyís roots with others.
Q: Where does the name Barada come from?
A: Itís actually a village in Lebanon where both my mom and dad are from: Haouch Barada. When they opened the restaurant, they kind of just put it together to keep the family roots. Itís just a really tiny village that was never rebuilt after the [civil] war.
Q: The restaurant was originally located in Arlington. Why did you move it to Cambridge?
A: After Sept. 11 [2001], business slowed down. We decided actually to close the restaurant and not to reopen it again. It came to a point where that was what they [Salamehís parents] were used to doing. So they opened up here [in 2002] where we currently are.
Q: What makes Cafť Barada different from other restaurants in Cambridge?
A: I think every restaurant is different in itself, and we take pride in doing everything fresh, made to order. When you order a chicken sandwich, weíre grilling the chicken right on the grill for you. We try to pick out the ingredients ourselves.
When you eat here, it will be just like eating at my momís house. Thereís not a different set of food made. We donít use different ingredients than the ones at home. If you came to my motherís house for dinner, you would be eating the exact same way.
Q: Cafť Baradaís goal is to bring a little bit of Lebanese culture to customers. How do you accomplish that?
A: We try to make it like you would be eating at our home, down to the food. A lot of people love the Arabic coffee, [which is] similar to the Turkish coffee, and that ends the meal nicely.
If youíre eating here, youíre eating at our house. Essentially this is our house, as well. Weíre here a lot, so we try to do what we can to make you feel as if you were sitting in a restaurant in Lebanon enjoying the same type of meals.
Q: What is the atmosphere like?
A: Last summer, we actually completely renovated the entire space. We did everything from the ceiling to the floor completely over, brand new furniture, the lighting.
We put in a draft beer and wine system. We applied for outdoor sitting, and we received that. We have a great outdoor space. Honestly, I wish I could show you the before and after pictures. Itís a 360-turnaround. To me, itís a beautiful space and itís what we always wanted.
There is a lot of the traditional Lebanese dťcor. We went more with the Middle Eastern feelóthe color scheme, the tiles, the patterns and a darker wood color. We tied it all together while keeping some of our artwork and different things we previously had.
Q: What is unique about Lebanese cuisine?
A: It is extremely healthy for you, and if it is done right the flavors jump out at you.
A lot of it is grilled and baked, and a lot of rich foods and tomato sauce, different things that just bring out the flavor of the food. We use a lot of black pepper and Syrian pepper, and different salts. They all tie in together.
Q: What are the must-have ingredients in the Lebanese kitchen? Are there specific spices that you absolutely must have in order to make traditional dishes?
A: More so would be the spices. Those are one of the most important ingredients. Depending on what youíre cooking, youíd need the vegetables or the meat. But, a lot of it does come down to the spices and to make sure theyíre done right.
Q: And what are the top spices?
A: Thatíd be pepper and sumac, which is one of our main ingredients in our salads. Itís like a reddish, purplish spice.
Q: What are the most popular dishes?
A: Iíd say falafel is probably the most popular. Then kabob, whether itís chicken, lamb, beef, depends on the preference of the person. Then, we do a variety of different daily specials.
Cafť Barada, 2269 Mass. Ave., Cambridge, is open 11:30 a.m. to 9 p.m. Monday through Thursday, and 11:30 a.m. to 10 p.m. Fridays and Saturdays.
For information, call 617-354-2112 or visit www.cafebarada.net/index.html.
Contact Chronicle reporter Sara Feijo at firstname.lastname@example.com or follow her on Twitter at @s_fjo.
Cambridge Q&A: Cafť Barada owner on serving Lebanese home-cooking
Customers at Cafť Barada do not eat restaurant food; they eat Lebanese home-cooked meals, according to co-owner Charbel Salameh.


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Curve Ball Dresses
Walls are painted in Clunch by F&B. A pretty curved-front mahogony writing desk by Theodore Alexander serves as a useful dressing table. http://www.thebeautifulengland.com/beautiful-home-pictures-of-english-home-in-derbyshire/
ca 1885 moire silk overlaid and trimmed with machine lace, and lined with silk, cotton and whalebone
Tidens Tøj 1840's dress
An exclusive Party Dress dripping in exquisite beading and dazzling sequins. The Desire Maxi Dress has been expertly crafted to luxuriously elongate your figure with a beautiful patent waistband that cinches you in at the waist making for a flattering fit. With a beautifully cut boat neckline this dress is a sensational investment that will be a lifelong, special part of your wardrobe. This fully lined dress is closed with a concealed back zip and is 135cm/53 inches in length from underarm…
Morvoren Skirt - long cotton lycra fishtail gothic steampunk skirt by Moonmaiden Gothic Clothing UK
insanely gorgeous deep red garnet evening gown / evening dress / ball gown | sweetheart neckline | corseted bodice | full flowing pleated maxi skirt | flower crown | raw duchesse satin silk | bright red flowy dress
Evening gown, probably British, ca. 1885. Bodice & skirt in moiré silk overlaid & trimmed with machine lace. Bodice heavily boned and very close-fitting, with narrow waist and laced in back to resemble corset. Deep point of bodice gracefully curves over back of skirt, which has folds of moiré silk draped across front & sides to complement huge bow. Victoria & Albert Museum
2/2 Retro glamour: Dita Von Teese looked stunning in her revealing gown, which featured a low back and plunging front and back
Fierce: Leigh-Anne looked incredible as she performed at Wembley Stadium...
Abito nobiliare che segue la moda italiana, realizzato in seta e broccato con passamanerie e merletti francesi. Costo £ 320


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February 1, 2011
EDWARD HOUSTON, PETITIONER,v.GARY SWARTHOUT, RESPONDENT.
Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was granted leave to file an amended petition on December 2, 2010 by the district court judge assigned to this case. Petitioner filed his amended petition on January 19, 2011. Under Rule 4 of the Rules Governing § 2254 Cases, the court must conduct a preliminary review of § 2254 habeas petitions and dismiss any petition where it plainly appears that petitioner is not entitled to relief in this court.
Petitioner challenges the fact the he was denied parole in 2007. Petitioner asserts under various rubrics that the evidence presented at his parole hearing is not sufficient under the Due Process Clause of the Fourteenth Amendment to sustain his being denied parole.
On January 24, 2011, the United States Supreme Court in a per curiam decision found that the Ninth Circuit erred in commanding a federal review of the state's application of state law in applying the "some evidence" standard in the parole eligibility habeas context. Swarthout v. Cooke, 502 U.S. ___, ___ S. Ct. ___, 2011 WL 197627 *2 (Jan. 24, 2011).
Quoting, inter alia, Estelle v. McGuire, 502 U.S. 62, 67 (1991), the Supreme Court re-affirmed that "'federal habeas corpus relief does not lie for errors of state law.'" Id. While the high court found that the Ninth Circuit's holding that California law does create a liberty interest in parole was "a reasonable application of our cases" (while explicitly not reviewing that holding),*fn1 the Supreme Court stated:
When, however, a State creates a liberty interest, the Due Process Clause requires fair procedures for its vindication-and federal courts will review the application of those constitutionally required procedures. In the context of parole, we have held that the procedures required are minimal.
Swarthout v. Cooke, at *2.
Citing Greenholtz,*fn2 the Supreme Court noted it had found under another state's similar parole statute that a prisoner had "received adequate process" when "allowed an opportunity to be heard" and "provided a statement of the reasons why parole was denied." Swarthout, at *2. Noting their holding therein that "[t]he Constitution [] does not require more," the justices in the instances before them, found the prisoners had "received at least this amount of process: They were allowed to speak at their parole hearings and to contest the evidence against them, were afforded access to their records in advance, and were notified as to the reasons why parole was denied." Id.
The Supreme Court was emphatic in asserting "[t]hat should have been the beginning and the end of the federal habeas courts' inquiry...." Swarthout, at *3. "It will not do to pronounce California's 'some evidence' rule to be 'a component' of the liberty interest...." Id. "No opinion of ours supports converting California's "some evidence" rule into a substantive federal requirement." Id. Thus, it appears there is no federal due process requirement for a "some evidence" review and it also appears that federal courts are precluded from review of the state court's application of its "some evidence" standard. Therefore, this case should be dismissed.
Because petitioner fails to allege that he was denied any of the process due under the Fourteenth Amendment at his 2007 parole hearing, his amended petition for writ of habeas corpus must be denied.
In accordance with the above, IT IS HEREBY RECOMMENDED that:
1. Petitioner's application for writ of habeas corpus be denied; and
2. This case be closed.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days after being served with these findings and recommendations, petitioner may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Petitioner is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
Gregory G. Hollows
kc hous2645.114
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Bibliographic Details
Title: Saxophone method;: (in three volumes),
Publisher: Belwin Inc
Publication Date: 1949
Binding: Hardcover
Book Condition: Good
B0007H9ODA ***BOOK ONE***Paperback. Minor wear on cover. Text has some notations in first 10 pgs. only, remaining text is unmarked. Stapled binding is tight. Very nice usable cond. Bookseller Inventory # 380616476
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[img]http://i277.photobucket.com/albums/kk52/bopperstopper/blanked_zpsr7huiybv.jpg[/img][color=POSTINGCOLOR1]My name:[/color] Self-explanatory.[color=POSTINGCOLOR1]My work[/color]: Occupation[color=POSTINGCOLOR2]I can:[/color] Your skills. Ya know, like if you are technically inclined or agile or charismatic or a good fighter etc. Needless to say, in most cases, your skills should be explainable by your history.[color=POSTINGCOLOR1]Age:[/color] Self-explanatory.[color=POSTINGCOLOR1]Gender:[/color] Self-explanatory.[color=POSTINGCOLOR1]Sexuality :[/color] Self-explanatory.[color=POSTINGCOLOR2]Partner:[/color] (Put N/A if there is no one.)[color=POSTINGCOLOR1]My body:[/color] Height/Weight[color=POSTINGCOLOR1]My colors:[/color] Hair/Eye colors[color=POSTINGCOLOR1]My marks:[/color] Tattoos/scars/piercings/bionics[color=POSTINGCOLOR1]Weapons:[/color] Who's to say you can't carry around a little protection. Well, aside from the law. Best keep it small and hidden. [color=POSTINGCOLOR1]Personality:[/color] Tell me about yourself. You are free to keep secrets, but five sentences here at least.[color=POSTINGCOLOR2]Likes:[/color] Paragraph or list form is fine. Five minimum.[color=POSTINGCOLOR2]Dislikes:[/color] Paragraph or list form is fine. Five minimum.[color=POSTINGCOLOR2]Fears: [/color]Paragraph or list form is fine. Two minimum.[color=POSTINGCOLOR1][b]History[/b]:[/color] What brought you here. Feel free to keep some secrets, and to PM if you have any secret related questions. Make this section two paragraphs at least, however.[color=POSTINGCOLOR1][b]Miscellaneous[/b]:[/color] Is there anything that should be noted that doesn't fit anywhere else? If not, put N/A.[color=POSTINGCOLOR1][b]Handler[/b]:[/color] Your username
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In your relational life there are two significant directions: one of them highlights shared intellectual preoccupations and communication, and the other highlights an increase of the interest in sexuality, not for the pleasure in itself, but for the influence it can have on the harmony in the couple.
The conclusion can be that July 2016 might be an excellent month to discuss with the partner various aspects of eroticism, maybe even have an update of the knowledge in the field.With Jupiter in Aquarius, in 2016 the appetite reaches high levels. And not only the appetite for food, but also the sexual one! As if this weren't enough, on top of everything Venus and Mars will enter the house of instincts!
Therefore, the period seems to be specially designed for love, adventure and eroticism. Free love, parties and pleasures will be particularly favored. Respect and obligations-based relationships will become dull and tiresome.
July 2016 Horoscope Aquarius: Career & Finance
You'll go through the last phase of a hard financial period. The last details will be settled, the deal will be done, the last policies will be paid, and the next financial strategy will be decided on. Thus, the Jupiter-Uranus conjunction will stimulate your initiative, will increase the need for information and communication, and will focus your attention on trips and means of travel, exchanges, negotiations and intellectual projects.
With the Sun in your house of work, there can appear opportunities to show your creativity and organizational skills, and the eclipse promises a special, extraordinary event.An inspired performance at work will bring you unexpected earnings. However, the field of your activity will take the impact of both the Sun eclipse that will take place in that area, As for the rest, you'll gather all your strength to solve some problems about your accommodation or real estate in the first part of July 2016, and this means strive, expenditure and stress.


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Central Bank of India Notification-2016/ Various posts
Central Bank of India has Issued the Official Notification of Employment Recruitment for the post of Office Assistant & Other posts. The Applicants for the following CBI. List of eligible candidates will be uploaded on website only. Candidates should ensure themselves beforehand that their Age-Limit/ Essential Qualifications , pay scales, Application fee and general Conditions, etc.are given under will be Check the official website of Central Bank of India Or Check the link given below.
|Advertisement for the post of Attender at RSETI (Rural Self Employment Training Institute) Balaghat Centers on contract for the year-2016-17
Last date for receipt of application is 30.07.2016
|Advertisement for the post of Office Assistant at RSETI (Rural Self Employment Training Institute) Balaghat Center on contract for the year-2016-17
Last date for receipt of application is 30.07.2016
|Engagement of Director for RSETI, Siwan for the year of 2016-17 on contractual basis
Last date of receipt of application is 30/07/2016
|Recruitment /Engagement of Director for RSETI at Madhubani Centre (BIHAR) on Contract Basis.
The last Date of Receiving Application is 25/07/2016 up to 4.45 pm.
- Post & Vacancy Details
- Essential Education Qualification
- Age Limit
- Selection Process
- Application fees
More than Information Details Please Visit the Official website Central Bank of India or Check the Official Notification file.
How To Apply :
Interested ,Eligible candidates can Apply for the official website of Central Bank of India. in for Full filled Application,attested documents, recent passport size colour photograph Applicants subscribing the post applied for Application Registration
Check Here : Visit Official Website
Also Read More :- Latest bank jobs (bankers adda ) notifications
All The Best.
|Latest notifications
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|Employment News
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|call letter
|Railway jobs
|free job adda


text:
25% off Hoodies and Sweatshirts. 20% off everything else. Use MANICMON
No English name. This poppy relative (yes!) is native to Eurasia, comon on non-aciic soils. Poisonous, contains fumaric acid, protopine and other, bitter compounds – herbivores avoid it. Subject of intensive biochemical and pharmaceutical research
Lovely work Sue
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LEFT PHOTO: At my heaviest, 200 lbs. on Mother's Day, May 12, 2002! =(
RIGHT PHOTO: At 161.6 lbs. on 10-20-03! Can't wait to hit 150's soon! =)
After a long absence, I decided to go back to losing weight and whip myself in shape! I wanted to do something different this time. So I joined the gym and its 12 weeks weight-loss/exercise program called "Well for Life". I love it! I do cardio exercise and air weights. I can see my body changing and shaping up. When I joined on September 8, 2003, I was at 170.4 lbs. I am eating better and exercising almost every day if I can! I feel better and have more energy now! =)
Each month has my weekly weigh-ins and short journaling for each week.
When I first joined WW, my weight was 199.
So I am basing my losses on that, not 200.
Now since I have started Well for Life program since 9-8-03,
I will start journaling for that on 10-20-03.
See me shrink!
Check it out!
Thanks Joyce! =)
for the sole purpose of self
support, inspiration, & encouragement
to ERASE POUNDS off my body! ;)
Thanks for visiting! =)


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Industry First: h.264 Video endpoint calls Firefox via Webrtc-enabled Project SquaredCollaboration
Yesterday on stage at Cisco Collaboration Summit, I demonstrated an industry first – the first non-transcoded video call between a webRTC application and an existing video endpoint. Why is thisRead More
What Is the Cisco Collaboration Cloud?Collaboration
Today at Collaboration Summit, we announced a bunch of really exciting stuff: the IX5000, the Project Squared client, and the Cisco Collaboration Cloud. This third announcement is a big oneRead More
How I Manage a $4B Business from my PhoneThe Platform
I don't use my laptop to run my business. It's not that I don't like my laptop. It's just that I really love using my mobile device — for everything.Read More
Cisco Recognizes Top Partners at 2014 Collaboration SummitPartner
Last night, we kicked off the 10th Cisco Collaboration Summit at the JW Marriott Live in Los Angeles with an awards dinner to honor our partners around the world. RowanRead More
Video Changes the EquationCollaboration
At our recent Collaboration Summit in Boca Raton, I had the opportunity to sit down with some of our customers and talk about how they are incorporating video into theirRead More
Scandinavian Simplicity Meets Californian ApproachabilityVideo
Form, function and value do not have to exist independently when it comes to video conferencing. And we've just proven that with the latest generation Cisco TelePresence MX300 G2. AtRead More


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The desert - a wild thing , slapping everything above ground with the fury of white,hot, dry sand, in the midst of humanity's temporary wonderment/art/ performances/ temples of the heart, and spirit. There is no money, no barter, just what you bring to use and give. A lot of giving goes on. It takes at least a year to prepare. It is most certainly NOT a comfortable holiday. Not a Hallmark sentimentality in pastels bearing a sweet generic message, ...the desert is like-..." I am what I am, welcome, I will give you stunning sunrises and colorful sunsets, I will try to kill you, I am indifferent, survive if you must, I don't care. "
Erik has reported that it was the BEST .
Remember when love was a super power- it was all that mattered, We would DIE for love and we were on our best behavior to make sure that it did not get it's feelings hurt.. We would feed it the best of the stuff in the pantry. All the jam! All the jarred summer peaches.We latched on hard to love.
We sang songs to that effect, growing old, together - when I'm 64...and all that. Time sneaks up -. cells replace the old ones several times over.Love like that changes- Like the Playa, once a lake ,married to the sun and the wind, baked and blown to the bone, changing every moment , what better place to have a HUMAN happening of the most incredible temporary art, life, loving . Pretty great metaphor- Burning Man!! Some say it's all about love.Some say it's all about art, some say it's all about life/death,/rebirth condensed into fourteen days. I have no idea , I have not gone there. Yet.
SO, I say, if you are not dead , do stuff, dress funny, be burning man- esque (with a real shower). pull the plug , loosen the stays, sing loudly and off key! Love has come for you! It's not romantic nor is it narrow, it is not idealistic ,but ,it may be the real deal . It is a gushing, unattractive, weeping, snotty thing, pathetic before the temple, ( which houses ashes of loved ones, wishes for the world, photos of the happiest of days,)- as it burns to the ground.
I must go sometime before I get too cranky, Or before I toss gasoline around my match box...just for effect.
Erik says I would love it. He did have the BEST TIME!!! Renewal!
So-.who's game? I do not know how to go about actually going to Burning Man, but I do have wet wipes, it's a start...


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Richmond is a city in western Contra Costa County, California, United States. The city was incorporated on August 7, 1905. Located in the eastern region of the San Francisco Bay Area, Richmond encompasses the city of San Pablo and the unincorporated areas of North Richmond, El Sobrante and East Richmond Heights. Under the McLaughlin Administration, Richmond is the largest city in the United States served by a Green Party Mayor. As of the 2010 U.S. Census, the city's population is at 103,701.
Contributions by Qrc2006, Yavari Govain, and Nogood.


text:
|Key Info
Country House with a large garden, in a quaint Champagne village called Ervy le Chatel. 30-min drive from Troyes, 45-min drive from Champagne Cellars in Aube, 40-min drive from Chablis, 50-min drive from Auxerre, 20-min drive from Chaource.The house is 100 m², and is made of: 1 double room, 1 triple room, 1 bathroom (with shower), 1 separate toilet, 1 kitchen and 1 large living room.In addition: 1 large basement (to park the car or store the bikes, etc...) and 1 laundry room.The inside of the house has been fully renovated in April 2013.The garden is 2600 m² and includes an orchard with apple trees, pear trees, cherry trees, plum trees and nut tree.a WI-FI internet connection is available but you will have to pay for your own usage (pocket WI FI) by buying top-ups online.Amenities: the village centre is a 5-min walk (bakery, butchery, bar-snacks-tobacco, post, pharmacy and grocery). Supermarket is a 10-min walk.Walks along the river and in the countryside are a 5 mn walk.Public Transports (not recommended as they are not handy/convenient): train stations in Tonnerre (20-min drive) and inTroyes (35-min drive), a few buses between Troyes and Ervy le Chatel. Your own transport is highly recommended to get to Ervy le Chatel!Optional:Cleaning fee: 60 euroBedsheets fee: 10 euro/bedTowel fee: 5 euro/towel
|Sleeps up to 5, 2 bedrooms
|2 bedrooms, 1 bathrooms of which 1 shower room
|Car essential
|Nearest Amenities
|1 km
|Family friendly
|Suitable for children over 5
|Some pets are welcome - please contact the owner, No smoking at this property
|Internet access, DVD player
|Central heating, TV, Video player, CD player, Wi-Fi available
|Kettle, Toaster, Iron, Hair dryer
|Cooker, Microwave, Fridge, Freezer, Washing machine
|Double Beds (2), Single Beds (1), Cots available (1), Dining seats for 10, Lounge seats for 5
|Balcony or terrace, Private garden, BBQ
|Secure parking, Not suitable for wheelchair users
Ervy le Chatel is located in the Region Champagne-Ardennes, and is very close to Burgundy (15km).
It is typical French countryside, ideal for relaxing and for enjoying outdoor activities such as walking, cycling, fishing.
Of course, Champagne and Wine tasting (e.g. Chablis) are also close by.
Troyes is also very reknowed for its wide range of outlet shops.


text:
- Worldwide Rank #80,958,300
- Follower/Following Ratio 0.98
- Daily New Followers 0
宮内 玲雄 Twitter Stats
@0109Reo - Tracking 宮内 玲雄 Twitter profile since October 15, 2013
黎明1年 よろしく!フォローしてね!
宮内 玲雄 Tweets
@0109Reo has posted 18 tweets in the last 4 days, which translates to an average of 4.5 tweets per day.
宮内 玲雄 Twitter Followers
@0109Reo has 39 followers on Twitter.
This account is #80,958,300 in the worldwide rank of the most popular Twitter users.
宮内 玲雄 Following on Twitter
@0109Reo is following 40 Twitter accounts.
Last month this account followed 1 users.
宮内 玲雄 Predictions & Milestones
@0109Reo will hit 39 followers in the next 3 months, and 39 in one year.
You are on 宮内 玲雄's Twitter stats page
We track these Twitter stats since October 15, 2013 . You can see how many followers 宮内 玲雄 lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
Why don't you give it a try and compare 宮内 玲雄 to yourself ? Or if you are 宮内 玲雄 get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.


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EDISON - It's going to be a wet evening across the Garden State.
News 12 New Jersey Meteorologist Michele Powers says that light, scattered showers will continue into the evening.
Powers reports that we have already seen from three-quarters of an inch of rain in Bloomingdale to more than three-and-a-half inches of rain in West Creek.


text:
Iranian Ministry of Magic
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The Iranian Ministry of Magic is the governing body of the Wizarding world in Iran. Like other Asian Ministries, they view the game of Quidditch with suspicion since they have a flourishing trade in flying carpets, and the broomstick is a rarity in the East.


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Brian Singer sells hedge fund
08 June 2011
Brian Singer, former head of global investment solutions for UBS Global Asset Management, has sold his hedge fund business to US asset manager William Blair & Company.
Singer will join Blair along with seven of his colleagues, who will take a view on asset allocation, currency and risk management.
Singer specialises in macro hedge fund management. Blair has not disclosed the price it is paying for the business, Singer Partners.
Brian Singer said: "William Blair is similar to the environment and culture we developed at Singer Partners and the partnership provides the platform and resources to advance and leverage a world-class macro-capability."
Singer left UBS, where he supervised multi-asset funds worth $200bn, in December 2007. He started Singer Partners 18 months later.


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Asian/IndianAsian inspired Pot Roast
with Five Spice & Hoisin
MediterraneanGrilled Lamb Steak with Red Wine-Black Olive Vinaigrette
& Tomato-Arugula Salad
MediterraneanHerb-Crusted Certified Angus NY Strip Steak
with Tomato & Roasted Garlic Confit
Pacific NorthwestRoasted Pork Loin with Morel Mushroom-Merlot Sauce
and Fettucini
Pacific NorthwestGrilled Crostini with Washington Asparagus
Goat Cheese & Olives
Pacific NorthwestMushroom-Red Wine Torte
with Roasted Potatoes & Fontina
Classic CuisineCoq au Vin
Rooster in Red Wine
2010 Limited Release Austral Red Wine
Wahluke Slope
The 2010 Austral Red is an elegant, refined Southern Rhone-style blend of Grenache, Syrah and Mourvèdre with a touch of Cabernet Sauvignon and Malbec. 99% of the fruit was sourced from the Wahluke Slope, a warm region known for ripe, jammy reds and complex Rhone-based varietals. Layered flavors of dark fruit meld beautifully with notes of white pepper spice.
Recipe Pairings
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We added a small amount of Viognier (5%) to the Syrah grapes (95%) while they were being crushed. This co-fermentation
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Like an annual rendition of a classic ballet, each vintage brings new stars to the stage while filling in the corps with
a mosaic of up-and-comers and vetted performers.


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Slide to see the images
CHANEL is ready for adoption!
She's a purebred Chihuahua and a total lap dog! Pee pad trained, scared of new people at first, but quickly warms up.
If you have any questions or would like to set up a meet and greet, please contact us at firstname.lastname@example.com or complete an adoption application at www.HHFRescue.org. Thank you for your interest in adopting a rescued dog.
The adoption fee includes vaccinations, bordetella, deworming, rabies, spay/neuter and microchip. There is an additional $10.99 fee for Home Again for a lifetime registration of the microchip. If adopting a puppy, the rabies and spay/neuter will be done at the same time by our vet once they are 4 months old and billed to us. It is against the law in the State of Texas for a rescue not to be sterilized so we have to make sure it gets completed and that we have record of it.


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March 2, 2009
LING-RONG CHEN, PLAINTIFF,v.THE CITY OF SYRACUSE, SYRACUSE POLICE OFFICER JOSEPH REILLY, SYRACUSE POLICE OFFICER HARRY BURNS, AND SYRACUSE POLICE OFFICER MARK KLEIST, SAID POLICE OFFICER DEFENDANTS SUED BOTH INDIVIDUALLY AND AS POLICE OFFICERS OF THE CITY OF SYRACUSE POLICE DEPARTMENT, DEFENDANTS.
Plaintiff Ling-Rong Chen ("Mrs. Chen") brings this action for monetary damages against the City of Syracuse ("City"), Syracuse Police Officer Joseph Reilly ("Officer Reilly"), Syracuse Police Officer Harry Burns*fn1 ("Officer Burns") and Syracuse Police Officer Mark Kleist ("Officer Kliest") (collectively, "police officer defendants"), pursuant to 42 U.S.C.A. § 1983. Plaintiff seeks redress for alleged violations of civil rights secured to her by, but not limited to, the Fourth and Fourteenth Amendments to the United States Constitution, in the form of generaldamages against all defendants and punitive damages against the police officer defendants in their individual capacities, together with the costs and disbursements of this action. Specifically, the eight-count amended complaint (Doc. No. 56) alleges the following federal and supplemental state law claims: excessive force, false arrest, false imprisonment, illegal search and seizure, and unlawful interrogation pursuant to § 1983 against the police officer defendants; false arrest, battery, false imprisonment, intentional infliction of emotional distress, negligent infliction of emotional distress, and malicious prosecution brought under pendent jurisdiction against all defendants; and negligent supervision, including negligent training of officers, detectives and employees, against the City only.
The court has jurisdiction over this matter pursuant to 42 U.S.C.A. § 1983 and 28 U.S.C.A. §§ 1331 and 1343(a)(3). Currently before the court is defendants' motion for summary judgment (Doc. No. 45) pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated below, the motion for summary judgment will be granted in part and denied in part.
I. Background
A. Facts
The court assumes familiarity with the facts and procedural history of this case, as set forth in the court's Memorandum Decision and Order dated March 9, 2007 (Doc. No. 12). The court reiterates those facts and any additional facts taken from the parties' briefs on this new motion only as necessary to clarify its findings.
II. Discussion
As a threshold matter, the parties concur that no evidentiary documentation has been proffered that supports a claim for negligent hiring, training and/or supervision against the City which would support a Monell*fn2 claim. Accordingly, Mrs. Chen consents to dismissal of this portion of her claim against the City.
A. Summary Judgment
A motion for summary judgment shall be granted "if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c) (West 2009). See also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552 (1986); Security Ins. Co. of Hartford v. Old Dominion Freight Line, Inc., 391 F.3d 77, 82 (2d Cir. 2004). "[I]n assessing the record to determine whether there is a genuine issue as to a material fact, the court is required to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom summary judgment is sought[.]" Security Ins., 391 F.3d at 83, citing Anderson V. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505 (1986). "Only when reasonable minds could not differ as to the import of the evidence is summary judgment proper." Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.), citing Anderson, 477 U.S. at 250-51.
While the initial burden of demonstrating the absence of a genuine issue of material fact falls upon the moving party, once that burden is met, the non-moving party must "set forth specific facts showing that there is a genuine issue for trial," see Koch v. Town of Brattleboro, Vermont, 287 F.3d 162, 165 (2d Cir. 2002), (citing Fed. R. Civ. P. 56(c)), by a showing sufficient to establish the existence of every element essential to the party's case, and on which that party will bear the burden of proof at trial. See Peck v. Public Serv. Mut. Ins. Co., 326 F.3d 330, 337 (2d Cir. 2003), cert. denied, 124 S.Ct. 540 (2003).
B. 42 U.S.C.A. § 1983 Generally
In order to prevail on a claim under 42 U.S.C.A. § 1983, a plaintiff must establish the violation of a right secured by the Constitution and laws of the United States, and that the violation was committed by a person acting under color of state law. Section 1983 states in pertinent part that
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.... 42 U.S.C.A. § 1983 (West 2007).
In the case at bar, it is undisputed that the defendants were acting under the color of state law.
C. Federal Claims
1. False Arrest and Imprisonment
A § 1983 claim for false arrest and imprisonment derives from the "Fourth Amendment right to remain free from unreasonable seizures, which includes the right to remain free from arrest without probable cause. In analyzing § 1983 claims for unconstitutional false arrest, [the Second Circuit has] generally looked to the law of the state in which the arrest occurred."Jaegly v. Couch, 439 F.3d 149, 152 (2d Cir. 2006) (internal citations and quotations omitted).
"In order to establish a claim for false arrest and/or imprisonment under § 1983 and New York law, a plaintiff must show that the defendant intentionally confined him without his consent and without justification. Probable cause is a justification for, and a complete defense to, a claim for false arrest and imprisonment under both § 1983 and New York law." Swindell v. New York Dept. of Environmental Conservation, 371 F. Supp. 2d 172, 179 (N.D.N.Y. 2005). "Whether probable cause exists depends upon the reasonable conclusion to be drawn from the facts known to the arresting officer at the time of arrest." Devenpeck v. Alford, 543 U.S. 146, 152 (2004). "The validity of the arrest does not depend on whether the suspect actually committed a crime; the mere fact that the suspect is later acquitted of the offense for which he is arrested is irrelevant to the validity of the arrest." Michigan v. DeFillippo, 443 U.S. 31, 36 (1979). "An officer has probable cause to arrest when he or she has knowledge or reasonably trustworthy information of facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that the person to be arrested has committed or is committing a crime." Jaegly, 439 F.3d at 152.
Here, the defendants argue that based on Mrs. Chen's behavior at the airport ticket counter, Officer Reilly had probable cause to arrest Mrs. Chen for disorderly conduct, citing New York Penal Law § 240.20, which states in pertinent part that "A person is guilty of disorderly conduct when, with intent to cause public convenience, annoyance or alarm, or recklessly creating a risk thereof: (6) He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse ...." NY Penal § 240.20(6) (West 2009). Defendants argue that "[i]n the area of the ticket counter where [Mrs. Chen] was located, there were between 15 and 20 other people congregated near her and were observing her actions." Doc. No. 45-4, p. 20. Because Mrs. Chen did not comply when Officer Reilly allegedly told her to leave the airport, defendants proffer that "[Mrs. Chen] was: (1) congregating with persons in a public place and 2) refusing the leave the scene of a disturbance when requested to by police officers, she was (sic) causing public inconvenience and annoyance." Id. The court deems this argument disingenuous, and finds a genuine issue of material fact on the matter of false arrest and imprisonment.
Defendants also argue that Officer Reilly had probable cause to arrest Mrs. Chen for harassment, citing New York State Penal Law § 240.26, which states in pertinent part that "[a] person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks, or otherwise subjects such other person to physical contact, or attempts or threatens to do the same ...." NY Penal § 240.26 (1) (West 2009). Officer Reilly contends that Mrs. Chen struck him. Mrs. Chen contends that Officer Reilly shoved his chest in her face in a threatening manner, and she raised her hands to protect herself. Based on the evidence before the court, the court finds that reasonable minds could differ on this issue, precluding summary judgment.
Finally, defendants argue that Mrs. Chen resisted arrest, citing New York State Penal Law § 205.30 which states in pertinent part that "[a] person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person." NY Penal § 205.30 (West 2009). Defendants argue that Mrs. Chen resisted the officer's attempt to place handcuffs on her. Mrs. Chen disputes the defendants' version of events, as does her husband, Dr. Chen. Again, based on the evidence before the court, reasonable minds could differ on the conflicting evidence proffered by the parties, thereby precluding summary judgment.
2. Malicious Prosecution
"Although § 1983 provides plaintiffs with a federal cause of action, [the Second Circuit] borrow[s] the elements of the underlying malicious prosecution from state law." Washington v. County of Rockland, 373 F.3d 310, 315 (2d Cir. 2004). In order to prevail in an action for malicious prosecution under New York law, a plaintiff must prove: "1) the initiation or continuation of a criminal proceeding against plaintiff; 2) termination of the proceeding in plaintiff's favor; 3) lack of probable cause for commencing the proceeding; and 4) actual malice as a motivation for defendant's actions." Russell v. Smith, 68 F.3d 33, 36 (2d Cir. 1995). "The absence of probable cause is an essential element of a claim for malicious prosecution." McClellan v. Smith, 439 F.3d 137, 145 (2d Cir. 2006).
"[T]he only question for [the court] to consider is whether [the] arrest was ... justified ... [T]he defendants bear the burden of proving that probable cause existed for the plaintiff's arrest." Savino v. City of New York, 331 F.3d 63, 76 (2d Cir. 2003) (internal quotes omitted). However, "even when probable cause is present at the time of arrest, evidence could later surface which would eliminate that probable cause. If probable cause were no longer present at the time of the arraignment ..., malicious prosecution might then lie." Cox v. County of Suffolk, 780 F. Supp. 103, 108 (E.D.N.Y. 1991) (internal quotations omitted).
In the case at bar, the issue of probable cause is disputed, and defendants bear the burden of convincing the trier of fact that probable cause existed for Mrs. Chen's arrest. Defendants argue that Mrs. Chen's actions at the ticket counter "would lead a reasonable officer to believe that [Mrs. Chen] had committed a crime." Because of the discrepancies between the sworn testimony of plaintiff and defendants, and between the testimony and visual evidence, the court is precluded from granting summary judgment on the issue of malicious persecution.
3. Excessive Force
"[A] [p]olice officer's application of force is excessive, in violation of the Fourth Amendment, if it is objectively unreasonable in light of the facts and circumstances confronting them, without regard to their underlying intent and motive." Maxwell v. City of New York, 380 F.3d 106, 108 (2d Cir. 2004) (citing Graham v. Connor, 490 U.S. 386, 397 (1989)) (internal quotations omitted). "The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 of hindsight ... Not every push or shove, even if it may later seem unnecessary in the peace of a judge's chambers, violates the Fourth Amendment." Graham, 490 U.S. at 396.
"Neither the Supreme Court nor the Second Circuit has established that a person has the right not to be handcuffed in the course of a particular arrest, even if he does not resist or attempt to flee." Soares v. State of Connecticut, 8 F.3d 917, 922 (2d Cir. 1993). However, "[h]andcuffing has been found to give rise to a claim of excessive force where an individual suffers an injury as a result of being handcuffed." Rosado v. Williams, 2006 WL 1168032 at * 3 (D. Conn. 2006). "[A] reasonable arrest involves handcuffing the suspect, and to be effective handcuffs must be tight enough to prevent the arrestee's hands from slipping out. Placing handcuffs on an arrestee tight enough to cause nerve damage may, however, constitute excessive force in violation of the Fourth Amendment." Id. The Second Circuit has permitted a plaintiff's claim to survive summary judgment after allegations that during the course of an arrest, a police officer yanked the plaintiff out of a car, threw her up against a fender, and twisted her arm behind her back, causing minor bruising. Maxwell, 380 F.3d at 108 (citing Robison v. Via, 821 F.2d 913, 923-24 (2d Cir. 1987)). Here, we also have testimony about bruising on Mrs. Chen's arms and other parts of her body, allegedly resulting from Mrs. Chen being handcuffed and forcibly removed from the ticket counter to the airport police station. Photographs submitted with the parties' motion papers bear out the allegation of injury. Based on the evidence before it, the court finds that there remains a genuine issue of material fact surrounding the actions of the defendant police officers because reasonable minds could differ in determining whether the officers used excessive force. The court is therefore precluded from granting summary judgment on the issue of excessive force.
D. State Law Claims
1. Battery
"To prove a civil battery claim against a police officer, a plaintiff is required to show that the officer made bodily contact, that the contact was offensive, and that [the officer] intended to make the contact. Additionally, the plaintiff is] required to prove that [the officer's] conduct was not reasonable within the meaning of the New York statute concerning justification of law enforcement's use of force in the course of their duties [i.e ., N.Y. Penal Law § 35.30(1) ]." Kavazanjian v. Rice, 2008 WL 5340988 at * 6-7 (E.D.N.Y. 2008) (citing Nimely v. City of New York, 414 F.3d 381, 391 (2d Cir.2005)) (internal quotation marks and citations omitted). "New York Penal Law § 35.30(1) provides, in relevant part, that '[a] police officer ... in the course of effecting or attempting to effect an arrest ... may use physical force when and to the extent he or she reasonably believes such to be necessary to effect the arrest....' Thus, in effect, 'the test for whether a plaintiff can maintain [a state-law assault-and-battery] cause of action against law enforcement officials is ... the exact same test as the one used to analyze a Fourth Amendment excessive force claim." Id. (citing Hogan v. Franco, 896 F.Supp. 1313, 1315 n. 2 (N.D.N.Y.1995).
In the case at bar, defendants argue that New York State law regarding assault and battery parallels the federal laws regarding excessive force, citing Lalonde v. Bates, 166 F.Supp.2d 713, 719 (N.D.N.Y. 2001) for the premise that Mrs. Chen's cause of action for battery should be dismissed as duplicative. Mrs. Chen argues that Officer Reilly's conduct amounted to nothing more than assault and battery on her, unrelated to the officer's police actions. Consequently, she avers, her state law claim for assault and battery is separate and distinct from the excessive use of force claim.
In their argument, defendants neglect to point out that the Lalonde court found that summary judgment was denied with respect to the plaintiff's assault and battery claims for the same reasons that summary judgment was denied on the excessive force claims. Id. See also Ahern v. City of Syracuse, 411 F.Supp.2d 132, 143-44 (N.D.N.Y. 2006) ("Because plaintiff's claims for assault and battery parallel plaintiff's excessive force claims and involve questions of fact as detailed above, defendants motion for summary judgment as to plaintiff's assault and battery claims against [police officers] is DENIED"). Accordingly, because Mrs. Chen has proffered sufficient evidence to withstand summary judgment with respect to her Fourth Amendment excessive-force claims against the police officer defendants, Mrs. Chen's common law battery claim similarly survives summary judgment.
2. Infliction of Emotional Distress
Mrs. Chen alleges that the police officer defendants committed the common law torts of intentional infliction of emotional distress ("IIED") and negligent infliction of emotion distress ("NIED") against her. As a threshold issue, Mrs. Chen concedes that a cause of action for IIED and/or NIED cannot be maintained against the municipal entity. Accordingly, summary judgment is granted on this issue, and the claims of IIED and NIED against the City are dismissed.
a. Intentional Infliction of Emotional Distress
As this court has recently held,*fn3 "t]o state a claim for IIED under New York law, [a] plaintiff must plead the following four elements: (1) extreme and outrageous conduct; (2) intent to cause severe emotional distress; (3) a causal relationship between the conduct and the resulting injury; and (4) severe emotional distress." Davey v. Jones, 2007 WL 1378428 at * 3 (S.D.N.Y.2007) (citing Bender v. City of New York, 78 F.3d 787, 790 (2d Cir.1996)). "To satisfy the first element, the alleged conduct must be so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized society." Davey, 2007 WL 1378428 at *3 (internal citations and quotations omitted). The Second Circuit has noted that New York State courts have sustained IIED claims where there is "some combination of public humiliation, false accusations of criminal or heinous conduct, verbal abuse or harassment, physical threats, permanent loss of employment, or conduct contrary to public policy." Stuto v. Fleishman, 164 F.3d 820, 828 (2d Cir.1999).
In the instant case, defendants argue that the conduct complained of falls within the scope of Mrs. Chen's false arrest, battery and excessive force claims, and, in the alternative, that she has failed to adduce any facts in support of her IIED claim. "[T]he Second Circuit has not clearly resolved the issue of whether, under New York law, duplicative IIED claims are barred, nor, if so, the degree to which an IIED claim must "overlap" other torts to be deemed duplicative ... Nevertheless, where, as here, the alleged tortious conduct falls entirely within the ambit of traditional tort liability-where the plaintiff alleges no facts whatsoever beyond those necessary to sustain claims of false arrest and excessive force-we believe New York state courts would not entertain a separate claim for IIED." Li v. Aponte, 2008 WL 4308127 at * 8 (S.D.N.Y. 2008). "However, some courts have sustained IIED claims even where the conduct complained of fell under other traditional tort doctrines." Sylvester v. City of New York, 385 F.Supp.2d 431, 443 (S.D.N.Y. 2005). Here, Mrs. Chen alleges facts that sustain a separate claim of IIED. Accordingly, based on the evidence before it, the court finds a genuine issue of material fact and is precluded from granting summary judgment.
b. Negligent infliction of Emotional Distress
A plaintiff who alleges that she suffered emotional harm due to a defendant's negligence may recover on a claim for NIED in New York under either a "bystander theory," meaning the plaintiff was "a bystander who was in the zone of danger [and] suffers emotional trauma as a result of [her] observations," or a "direct duty theory," meaning "the defendant breache[d] a direct duty to [the] plaintiff which results in emotional injury to the plaintiff." See Stephens v. Shuttle Associates, L.L.C., 547 F.Supp.2d 269, 275 (S.D.N.Y.2008). In order to recover under the bystander theory, a plaintiff must prove that she witnessed "the death or serious bodily injury of a member of her immediate family" (id.), which clearly is not applicable in this case. Consequently, Mrs Chen's only chance for recovery here would be under the direct duty theory, wherein "a plaintiff suffers an emotional injury from defendant's breach of a duty which unreasonably endangered [the plaintiff's] own physical safety." Id., at 275-276. Nonetheless, "[t]he duty in such cases must be specific to the plaintiff and not some amorphous, free-floating duty to society." Id.
In the case at bar, Mrs. Chen alleges that she suffered an emotional injury from the defendant police officers' threat to her physical safety and subsequent injury to her person. Defendants argue that Mrs. Chen has failed to prove that the defendant police officers breached a duty owed to her. Mrs. Chen has failed to address this issue in her response to the motion for summary judgment. She has not offered any facts establishing a prima facie case of NIED, i.e., she has provided no evidence of a breach of duty owed to her by the defendant police officers. See eg., Lee v. McCue, 410 F.Supp. 2d 221, 227 (S.D.N.Y. 2006).
Accordingly, the court finds that Mrs. Chen has alleged no facts that would allow her to maintain a separate claim for NIED. Therefore, summary judgment is granted on the NIED claim, which is dismissed for failure to allege facts sufficient to state a cause of action.
E. Qualified Immunity
"[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). The seminal law on this issue is Pearson v. Callahan, --- S.Ct. ----, 2009 WL 128768 (U.S. 2009). Pearson is a decision handed down by the Supreme Court on January 21, 2009, which effectively overruled Saucier v. Katz, 533 U.S. 194, 200 (2001). Since 2001, courts have relied on Saucier to set forth the procedure that a court must follow in determining if a defendant is immune from suit pursuant to the doctrine of qualified immunity. Saucier stood for the premise that "[f]irst, a court must decide whether the facts that a plaintiff has alleged (see Fed. Rules Civ. Proc. 12(b)(6), (c)) or shown (see Rules 50, 56) make out a violation of a constitutional right. Second, if the plaintiff has satisfied this first step, the court must decide whether the right at issue was 'clearly established' at the time of defendant's alleged misconduct. Qualified immunity is applicable unless the official's conduct violated a clearly established constitutional right." Pearson, 2009 WL 128768 at *6. In reconsidering Saucier, the Pearson Court found that while the Saucier protocol is often beneficial, it is no longer considered mandatory in all cases. In explaining its decision, the Court wrote that "[i]t is often difficult to decide whether a right is clearly established without deciding precisely what the constitutional right happens to be ... [T]he rigid Saucier procedure ... sometimes results in a substantial expenditure of scarce judicial resources on difficult questions that have no effect on the outcome of the case." Id. at * 10. In effect, Pearson gives courts additional discretion in deciding the issue of qualified immunity without a lengthy analysis of whether there was in fact a constitutional violation. In other words, a court may exercise discretion in deciding which of the two prongs of the qualified immunity inquiry to address first.
Saucier still stands for the premise that "[q]ualified immunity operates to protect officers from the sometimes hazy border between excessive and acceptable force . Because police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation, the reasonableness of an officer's belief as to the appropriate level of force should be judged from that of an on-scene perspective." Saucier, 533 U.S. at 205.
As stated supra, "[a] court must consider whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation ... Not every push or shove, even if it may later seems unnecessary in the peace of a judge's chambers, violates the Forth Amendment." Graham v. Connor, 490 U.S. at 396-97 (internal quotations omitted). However, where "the record plainly reveals the existence of genuine issues of material fact relating to the qualified immunity defense," summary judgment cannot be granted. Jones v. Parmley, 465 F.3d 46, 63 (2d Cir. 2006). See also Simpkin v. City of Troy, 638 N.Y.S.2d 231, 232 (N.Y. App. Div. 1996) ("Clearly, without a factual resolution of the sharply conflicting versions of these events, it is not possible to determine whether defendants are qualifiedly immune").
In the instant case, the court must determine at the outset if Officers Reilly, Burns, and Kliest are entitled to a qualified immunity defense. After a careful review of the documents submitted by the parties, the court finds that Officer Kleist did nothing more than escort Dr. Chen to the airport police station, and no evidence has been proffered to indicate that Officer Kleist used force of any kind against Mrs. Chen, nor does Mrs. Chen specifically relate any wrongdoing by Officer Kleist in either her complaint or her deposition testimony. Accordingly, Officer Kleist will be dismissed from this action.
The question remains whether it was objectively reasonable for the remaining police officer defendants to believe that their actions did not violate the law. The parties offer dramatically different versions of the airport incident, resulting in a substantial issue of material fact. Construing the facts of the case favorably toward the non-moving party, as it must do, the court must base its decision on Mrs. Chen's assertion that she was arrested for merely engaging in a dispute with a ticket agent at the airport, and was subsequently dragged, handcuffed and crying, to the airport police station. It is obvious that the parties have offered sharply conflicting versions of the events, and without a factual resolution of these differing accounts, the court cannot determine as a matter of law that the officers' actions were objectively reasonable or if officers of reasonable competence could disagree on the legality of the defendants' actions, given the discrete facts of this case. Consequently, Officers Burns and Kleist are not entitled to immunity from suit pursuant to the privileges accorded under the doctrine of qualified immunity.
F. Vicarious Liability of the City of Syracuse
In Fera v. City of Albany, 568 F.Supp.2d 248, 261-62 (N.D.N.Y.), this court recently held that "[u]nder New York law, municipalities may be vicariously liable for negligent acts and intentional torts of police officers." Id., citing Schuster v. City of New York, 5 N.Y.2d 75, 81-82 (1958); Weeks v. City of New York, 693 N.Y.S.2d 797, 801 (1999) (holding that 'where, as here, the dangerous condition does not exist before police intervention, but is then created by the negligent acts of police officers .... rather than applying principles of governmental immunity to shield the City from liability, principles of general tort liability should prevail.'); Savarese v. City of New York Housing Authority, 567 N.Y.S.2d 855 (2d Dep.1991) (holding that municipalities may be vicariously liable for intentional torts committed by employees); Wu v. City of New York, 934 F.Supp. 581, 592 (S.D.N.Y.1996) (holding that "an intentional infliction of emotional distress claim is viable against the City under a theory of respondeat superior liability.") Fera, 568 F. Supp. 2d at 261-62. Following the reasoning in Fera, the City of Syracuse is denied immunity on the surviving tort claims.
III. Conclusion
For the reasons set forth above, the court hereby:
(1) GRANTS defendants' motion for summary judgment as against Officer Mark Kleist, who is entitled to qualified immunity and is hereby DISMISSED from this action;
(2) Summary judgment is GRANTED on the claim against the City for negligent supervision and retention. Accordingly, all Monell claims against the City are DISMISSED;
(3) Summary judgment is GRANTED on the claim for NIED as against all parties;
(4) Summary judgment is granted on the claim of IIED against the City only; and
(5) Summary judgment on all remaining claims is DENIED.
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And now, we wait!
Now we know what public supervision of our police forces will look like for the future, and it is not the Police Services Board. It will require the public's constant video surveillance of the police as well as persistent public protest. How else to explain the unusual speed with which the Special Investigations Unit (SIU) decided to lay the charge of second degree murder against the police officer who allegedly fired nine bullets at 17-year-old Sammy Yatim.
That is a serious charge. Second degree murder is the charge when a person is alleged to have successfully carried out a more or less spontaneous action with the clear intent to cause death.
What led to the SIU's decision? Was it the continued public outcry, especially from those who marched in protest and held vigils? Was it media attention? Was it that this particular police shooting was the tipping point? Was it the video of the shooting viewed close to two million times on video uploaded to YouTube?
Since its establishment in 1990, the SIU has laid charges in over 80 cases out of more than 3300 investigations. Only six have been murder charges of one type or another. In only one case was the officer found guilty, however the decision was later overturned. In fact, for the first six years of its existence, no charges were laid against officers, who routinely frustrate SIU procedure.
It is important to note that the SIU came about as the result of the previous Task Force on Race Relations and Policing and the activist voices in the Black community, led notably by Dudley Laws and the Black Action Defence Committee. From that task force came the understanding that the public does not trust police to investigate themselves when incidents such as fatalities involving the police occur.
Recall Lester Donaldson and Wade Lawson. The police shooting death in 1988 of Lester Donaldson, 44, while he was having a meal at his home in a rooming house, led to charges against police officer William Deviney. That same year Lawson, 17, was shot in the back of his head while joyriding in a stolen vehicle. Two police officers were charged in that killing. In both cases the police officers were found not guilty. In Lawson's case, a jury that did not include any visible minorities made the decision.
The shooting deaths of Donaldson and Lawson did not have video evidence going into court. But there was video evidence of what happened to Said Jama Jama in 2002 outside a coffee shop. Before the video – which was taped by Ottawa tourists as they observed Jama Jama being assaulted by police officers – came to light, the officers involved alleged that Jama Jama assaulted them. Their statements did not include the fact that they assaulted him. Without that video evidence Jama Jama would have faced jail time and later deportation.
This growing trend of recording police assaults and shootings had its genesis in the 1991 recording of the brutal beating of Rodney King by officers of the Los Angeles Police Department. Those officers were found not guilty after being taken through the justice system. But the aftermath was no small matter. South Central Los Angeles burned for days with the fury of African-Americans who had long suffered unequal treatment by the LAPD. That fury also hit Toronto. Typically, investigations and studies followed. Yet, police handling of crisis situations have not changed.
Reports are that Yatim's last moments inside a streetcar that had emptied of passengers when he began to act strangely came within less than five minutes of police arriving on the scene. Certainly, it would have taken more than five minutes to calm a person in crisis. Where is police training on how to deescalate situations such as this?
The shooting death of Yatim, as with all similar incidents, really points to a culture within our police force that allows an individual officer to deem it acceptable, while he is surrounded by 22 fellow officers, to carry out such actions.
The larger problem here is the way men and women are trained as police officers to perceive and respond to social disruptions. That is what must change. Charging officers after the fact has not made a difference, especially when they know that most likely they will avoid any kind of punishment.
However, each time something like this happens, more damage is done to the public's trust in those authorized to serve and protect.


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Siddharth Guest House
Paharganj, Delhi - 110 055
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Providing accommodation in New Delhi, Siddharth Guest House is located at 4 km from the Chandni Chowk. The Kalawati Hospital Bus Stop is at 0.5 km from this guest house. Each room in the property has a bottle opener, wardrobe, and TV with premium channels. Siddharth Guest House provides room service and front desk assistance to patrons. This New Delhi guest house provides laundry to its guests. Popular Local tourist attractions include Humayun's Tomb (7 km), Lodi Garden (8 km), and Qutub Minar (15 km). The Safdarjung Station is at 11 km from this accommodation and the Indira Gandhi International Airport is at 12 km.
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Friday Party
Come celebrate Native Treasures' opening night on Friday, May 26, from 5:30 –7:30 p.m. Mingle with the artists and enjoy hors d'oeuvres and an open wine bar.
Each year, artists are asked to create pieces with the year's chosen theme, however they chose to interpret it in their own medium. In 2016, artists used the theme "Mother Earth" to create many new masterpieces. Please come honor their work this year and buy one of these unique pieces.
We will also be honoring our 2017 MIAC Living Treasure. Last year's Living Treasure, Dan Namingha, will present special pieces to the 2017 MIAC Living Treasure.
Friday tickets are included with sponsorships or can be purchased for $125, which includes Early Bird entry to the show the next morning. For further information or to sponsor or purchase tickets go to, http://www.museumfoundation.