text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
January 31, 2011
TANYA PETEETE, PLAINTIFF,v.ASBURY PARK POLICEDEPARTMENT, ET AL., DEFENDANTS
The plaintiff brought this action alleging, inter alia, various civil rights violations under the New Jersey Constitution, the New Jersey Civil Rights Act ("NJCRA"), the New Jersey Law Against Discrimination, and 42 U.S.C. §§ ("Sections") 1981, 1983, 1985, and 1986. (Dkt. entry no. 30, Am. Compl.) The plaintiff further alleges causes of action for false imprisonment, intentional infliction of emotional distress, negligent infliction of emotional distress, and defamation. (Id.) The Amended Complaint names as defendants the City of Asbury Park; Asbury Park Police Department ("APPD"); Chief Mark Kinmon, Sergeant Jeff White, Officer Lorenzo Pettway ("Pettway"), Officer Nicholas Townsend, and Officer Daniel Kowsaluk, all of the APPD; the County of Monmouth; Monmouth County Prosecutor's Office ("MCPO"); Monmouth County Sheriff's Office ("MCSO"); Sheriff's Officer Alex Torres ("Torres") of the MCSO; and Detective Scott Samis ("Samis") of the MCPO. (Id. at 2-4.)
The Court previously dismissed the Amended Complaint insofar as it is asserted against the MCPO, finding that the MCPO was immune from liability under the Eleventh Amendment. (See dkt. entry no. 48, 3-22-10 Mem. Op.; dkt. entry no. 49, 3-22-10 Order & J.) The Court entered judgment in favor of the County of Monmouth, MCSO, Torres, and Pettway (collectively, the "County Defendants") on December 13, 2010. (Dkt. entry no. 61, County Defs. 12-13-10 Mem. Op.; dkt. entry no. 62, County Defs. 12-13-10 Order.) Also on December 13, 2010, the Court denied in part Samis's motion to dismiss the Amended Complaint insofar as asserted against him, finding that Samis had not shown at the motion to dismiss stage that he was entitled to qualified immunity on the plaintiff's claims against Samis in his individual capacity for violations of her federal and state constitutional rights under Section 1983 and the NJCRA. (Dkt. entry no. 63, 12-13-10 Samis Mem. Op.; dkt. entry no. 64, Samis 12-13-10 Ord.) In its Order, the Court observed that two counts of the Amended Complaint remained viable as asserted against Samis in his individual capacity only: Count One, insofar as it asserts a claim under the NJCRA for violation of the plaintiff's rights under Article I, paragraphs 1 and 7 of the New Jersey Constitution; and Count Two, insofar as it asserts a claim under Section 1983 for violation of the plaintiff's Fourth Amendment rights. (Samis 12-13-10 Order at 2.)
Samis now moves pursuant to Federal Rule of Civil Procedure ("Rule") 56 for judgment in his favor as to the remaining claims pending against him. (Dkt. entry no. 66, Samis Mot. for Summ. J.) The plaintiff opposes the motion, and cross-moves to compel a deposition of Samis. (Dkt. entry no. 68, Mot. Compel Deposition.) The plaintiff has also cross-moved for additional time to conduct discovery, pursuant to Rule 56(f). (Dkt. entry no. 76, Rule 56(f) Mot. & Opp'n to Samis Mot. Summ. J.)*fn1 The Court now decides the motion and cross motions on the papers, pursuant to Rule 78(b). For the reasons stated herein, the Court will grant Samis's motion for summary judgment and will deny as moot the plaintiff's cross motions to compel Samis's deposition and for additional time to conduct discovery.
The parties being well-versed in the underlying facts of this case, we relate the factual background as it pertains to the instant motion only. The conduct complained of by the plaintiff relates to her arrest outside her residence on September 19, 2007, where a drug raid of the residence by members of the APPD and MCSO was in progress. (Am. Compl. at 4.) The drug raid was the effort of the Monmouth Country Narcotic Strike Force/Gang Task Force ("Task Force"), which was organized under the direction of the MCPO. (Dkt. entry no. 59, Rosenthal Cert., Ex. G, Samis Arrest Rep. at 4.) Ebony Peteete, a relative of the plaintiff's husband, was the target of an investigation in which the Task Force arranged a controlled buy of heroin from her. (Id. at 4-5.) Following a successful controlled buy in the vicinity of the residence, Samis directed Task Force members to arrest Ebony Peteete and the person who had delivered the drugs on her behalf at the residence, where they were observed. (Id. at 5.)*fn2 Inside the residence, Samis observed what appeared to be heroin in plain view, and Task Force members conducted a search of the residence. (Id. at 6; Rosenthal Cert., Ex. E, Pettway Arrest Rep. at 2-3.) The following evidence was observed "on top of the freezer in the kitchen area" and collected by the Task Force:
1. Sixteen empty hypodermic needles with caps.
2. One small black leather wallet containing eight decks of suspected CDS [controlled dangerous substance] Heroin & assorted personal effects.
3. Fourteen individually wrapped glassine decks of suspected CDS Heroin in magazine paper . . . stamped "Games" & "Top Secret" in red ink.
4. Five bundles each containing ten decks of suspected CDS Heroin, totaling fifty . . . wrapped in glassine bags stamped with games in red ink.
5. One magazine paper package containing two bundles each containing ten decks of suspected CDS Heroin wrapped in glassine packets stamped "Top Secret" in red ink.
6. Black leather wallet containing assorted personal effects & $379.00 in U.S. Currency.
7. Thirty-two bills of assorted U.S. Currency totaling $700.00. . . . Buy money used by the undercover police officer to purchase CDS.
8. Brown leather pocket book containing assorted personal effects.
9. Assorted personal paperwork & criminal complaints in the name of Eboney Peteete and Ricardo Wesley.
10. One black Nextel Boost cellular telephone.
11. Standard house key with a purple key ring labeled #23 and a Shop Rite Plus discount card.
12. Pieces of assorted broken costume jewelry.
13. $995.00 in U.S. currency. (Pettway Arrest Rep. at 3.) The search also turned up nineteen glassine packets of suspected CDS Heroin in the living room, one glassine packet of suspected CDS Heroin in an upstairs bedroom where the elderly owner or renter of the house was sleeping, and a gun in the attic. (Id. at 3-4.) No CDS or other contraband were found in the first-floor bedroom the plaintiff shared with her husband. (Dkt. entry no. 60, Pl. Resp. to County Defs.' Stmt. of Undisputed Facts at 2.) According to Samis's report, "No one at the scene would take responsibility for the narcotics inside the residence," and all the subjects present at the scene were arrested. (Samis Arrest Rep. at 7.)
The plaintiff and her family arrived at the residence as the police were leaving the scene. (Id.; Pettway Arrest Rep. at 4.) The task force believed there to be an active arrest warrant for one of the passengers in the plaintiff's vehicle for narcotics distribution. (Samis Arrest Rep. at 7; Pettway Arrest Rep. at 4.) The plaintiff and her husband were placed under arrest after verifying to the officers that they resided at the location where the raid had just occurred, and the plaintiff's handbag was searched incident to her arrest. (Samis Arrest Rep. at 7; Am. Compl. at 4.) The plaintiff alleges that she asked the officers why she was being arrested, and one responded, "For living here." (Am. Compl. at 4.) When the plaintiff expressed concern about who would care for her children, an officer allegedly told her, "Hopefully you are never coming home. . . . Maybe they are better off." (Id. at 5.) At least eleven individuals, including the plaintiff, were arrested as a result of the raid. (Samis Arrest Rep. at 4-6.)
The plaintiff was charged with possession and distribution of CDS, based on a constructive theory of possession. (Am. Compl. at 4; Rosenthal Cert., Ex. H, Kowsaluk Arrest Rep.) The plaintiff was unable to post bail and remained at the Monmouth County jail for approximately six months. (Am. Compl. at 5; Samis Arrest Rep. at 10.) She was eventually released when she entered a plea of guilt to an unrelated aggravated assault charge and the CDS charges were dropped. (Am. Compl. at 5; Rosenthal Cert., Ex. C, Presentence Rep. at 1-2.)
The plaintiff alleges that Samis presented false or misleading information regarding the incident to the Grand Jury. (Id. at 5-6.) However, the Court previously determined that Samis was entitled to absolute immunity from suit with regard to his grand jury testimony. (Samis 12-13-10 Mem. Op. at 18-19.)
I. Summary Judgment Standard
The standard for a motion for summary judgment is well-settled and will be briefly summarized here. Rule 56 provides that summary judgment is proper if there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). In making this determination, the Court must "view[] the record in the light most favorable to the non-moving party and draw[] all inferences in that party's favor." United States ex rel. Josenske v. Carlisle HMA, Inc., 554 F.3d 88, 94 (3d Cir. 2009) (citing Abramson v. William Patterson Coll., 260 F.3d 265, 276 (3d Cir. 2001)).
II. Qualified Immunity - Section 1983 Claim
Samis argues that he is entitled to qualified immunity for the remaining claims asserted against him in the Amended Complaint. (Dkt. entry no. 59, Samis Br. at 7.) "The doctrine of qualified immunity protects government officials 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." Pearson v. Callahan, 129 S.Ct. 808, 815 (2009) (citation omitted). It is "an immunity from suit rather than a mere defense to liability." Mitchell v. Forsyth, 472 U.S. 511, 526 (1985) (emphasis omitted).
Application of the doctrine involves a two-step analysis. First, a court must decide whether the facts that a plaintiff has shown make out a violation of a constitutional right. Pearson, 129 S.Ct. at 815-16. Second, the court must decide whether the right at issue was "clearly established" at the time of the defendant's alleged misconduct. Id. at 816. The order in which the Court addresses each step rests within the discretion of the Court "in light of the circumstances of the particular case at hand." Id. at 818.
Government officials "are entitled to qualified immunity only if the Court can conclude, based on the undisputed facts in the record, that [the officials] reasonably, although perhaps mistakenly, believed that their conduct was lawful in light of the clearly established law and the information known to them at the time of the alleged constitutional violation." Mantz v. Chain, 239 F.Supp.2d 486, 496 (D.N.J. 2002). The burden of proving entitlement to qualified immunity rests with the defendant. See Beers-Capitol v. Whetzel, 256 F.3d 120, 142 n.15 (3d Cir. 2001).
In Section 1983 cases involving alleged violations of the Fourth Amendment, the qualified immunity inquiry considers "whether a reasonable officer would have believed that his or her conduct was lawful, in light of the clearly established law and the information in the officer's possession." Palma v. Atl. County, 53 F.Supp.2d 743, 769 (D.N.J. 1999) (citation and quotation omitted). Police officers who "reasonably but mistakenly conclude that their conduct comports with the requirements of the Fourth Amendment are entitled to immunity" for claims of Fourth Amendment violations, including unlawful arrest and false imprisonment. Id. Conversely, "[a] mistake is not reasonable when it amounts to the violation of a 'clearly established' right, such that 'it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.'" Williams v. Atl. City Dep't of Police, No. 08-4900, 2010 WL 2265215, at *4 (D.N.J. June 2, 2010) (quoting Curley v. Klem, 499 F.3d 199, 207 (3d Cir. 2007)).
The Fourth Amendment provides that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
U.S. Const. amend. IV. To state a claim for unlawful arrest under Section 1983 and the Fourth Amendment, a plaintiff must assert that she was arrested by a state actor without probable cause. Sharrar v. Felsing, 128 F.3d 810, 817-18 (3d Cir. 1997). Probable cause to arrest without a warrant "exists when the facts and circumstances within the arresting officer's knowledge are sufficient in themselves to warrant a reasonable person to believe that an offense has been or is being committed by the person being arrested." Orsatti v. N.J. State Police, 71 F.3d 480, 483 (3d Cir. 1995).
The Fourth Amendment generally requires "individualized suspicion of wrongdoing" to establish probable cause. Chandler v. Miller, 520 U.S. 305, 313 (1997); see also Ybarra v. Illinois, 444 U.S. 85, 91 (1979) ("[A] person's mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable cause to search that person."). However, probable cause to arrest on a constructive theory of possession may exist in cases where a search of a residence turns up contraband in such quantities to suggest a "routine business of drug sales in the apartment," when no individual at the residence admits ownership of the contraband. See Williams, 2010 WL 2265215, at *4-6.
The Arrest Reports of Samis and Pettway pertaining to the September 19, 2007 incident, which have gone unchallenged by the plaintiff in both this motion and in the County Defendants' motion for summary judgment, establish that there were a large number of glassine packets of suspected heroin in plain view on top of the freezer in the kitchen and in the living room, and that no one at the residence took responsibility for or admitted ownership of the drugs. (Samis Arrest Rep. at 6-7.)*fn3 We find with respect to Samis, as we did with the County Defendants, that a reasonable officer could have believed that probable cause existed to arrest all residents, including the plaintiff, on a theory of constructive possession. See Ginter v. Skahill, 298 Fed.Appx. 161, 164 (3d Cir. 2008) (noting that even where a suspect does not physically possess contraband, "probable cause may still be established through constructive possession"); Williams, 2010 WL 2265215, at *5-6. Because Samis could have reasonably, even if mistakenly, concluded on these facts that probable cause existed, he is entitled to qualified immunity because the plaintiff did not suffer a violation of a "clearly established" right.
Insofar as Samis could have believed that the plaintiff's arrest was based on probable cause, he is also entitled to qualified immunity for the search of the plaintiff's pocketbook incident to that arrest. See United States v. Goode, 309 Fed.Appx. 651, 653 (3d Cir. 2009). We conclude that Samis is entitled to summary judgment on the plaintiff's Section 1983 claim as to the alleged Fourth Amendment violations.
The plaintiff's Section 1983 claim further alleges that her arrest resulted in various Fourteenth Amendment violations, including deprivation of her right to privacy, freedom of travel, due process, and equal protection of the laws, as well a violation of the Thirteenth Amendment's guarantee against involuntary servitude. (Am. Compl. at 8.) Because these allegations are all apparently predicated on her arrest and subsequent detention, the Court, having found Samis to be entitled to summary judgment as to the alleged Fourth Amendment violations, will also grant summary judgment in favor of Samis on the remainder of the plaintiff's Section 1983 claim.
III. NJCRA Claim
Count One of the Amended Complaint asserts a "civil rights action" under the NJCRA and New Jersey Constitution. (Am. Compl. at 7.) The NJCRA provides a private cause of action to redress, inter alia, violations of the New Jersey Constitution. N.J.S.A. § 10:6-2(c).
The plaintiff's claim against Samis for violations of the New Jersey Constitution remains pending with respect to the following two provisions:
1. All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty. . . . . . .
7. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.
N.J. Const. of 1947, Art. I, ¶¶ 1, 7. The plaintiff states in Count One that the "illegal, unconstitutional and discriminatory acts of the Defendants constituted acts of a de facto policy to discriminate, use unlawful force, falsely arrest and detain, and illegally search Plaintiff. The actions of the Defendants . . . also represent a de facto policy to deny Plaintiff her rights to travel, equal protection, contract and privacy." (Am. Compl. at 7.)
The Court, as discussed above, has determined that Samis is entitled to judgment in his favor with respect to the plaintiff's arrest because he could have reasonably believed that probable cause existed, and therefore Samis is entitled to judgment in his favor on all derivative claims as well. The plaintiff does not distinguish Count One from Count Two in any way. Thus, as with Count Two, we will grant the motion as to Count One insofar as it asserts an illegal arrest, search, and subsequent deprivation of a liberty interest without due process under state law pursuant to Article I, paragraphs 1 and 7 of the New Jersey Constitution. See Awkward v. Willingboro Police Dep't, No. 07-5083, 2010 WL 3906785, at *5 n.7 (D.N.J. Sept. 30, 2010) ("Because the analysis of claims under state constitutional law is similar to the analysis under the Fourth Amendment, no separate analysis will be undertaken for plaintiffs [sic] claims arising under the New Jersey Constitution.").
IV. Cross Motions for Discovery
The Court finds that the cross motions to compel the deposition of Samis and to conduct additional discovery should be denied as moot. The plaintiff has not shown that deposing Samis or conducting additional discovery would lead to a different outcome than the Court arrived at with respect to the County Defendants, or lead to evidence that would dispute the factual circumstances indicating the basis for the probable cause determination related in Samis's Arrest Report. It is well-established that "[b]ecause qualified immunity involves immunity from suit rather than a mere defense to liability, a ruling on the issue should take place as early in the proceedings as possible." Saucier v. Katz, 533 U.S. 194, 200-01 (2001). (Dkt. entry no. 69, Samis Opp'n to Pl. Mot. Compel Deposition at 8.)
The Court, for the reasons stated supra, will grant Samis's motion for judgment in his favor as to the remaining claims against him. The Court will deny the cross motions as moot.
The Court will issue an appropriate order.
MARY L. COOPER United States District Judge
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Is this attraction pet friendly?
Is this attraction good for couples?
Would this be a good sunny day activity?
Would this be a good hot day activity?
Would this be a good cold day activity?
Does this attraction involve animals?
Does this attraction require above average amounts of physical activity (long walks, climbs, stairs or hikes)?
Does this attraction have good sunset views?
Does this attraction have good scenic or skyline views?
Is this attraction suitable for adults only?
Thanks for helping!
Decided to spend some time walking around all the different small buildings of the world and it was very good to be able to see the world famous buildings from around the planet...
read more
Decided to spend some time walking around all the different small buildings of the world and it was very good to be able to see the world famous buildings from around the planet. Make sure you have a camera with you when you visit
situated in the north pattaya , a 15 minutes drive from south pattaya, this should be a MUST WATCH MUST VISIT from all visitors .miniatures of many historical importance and iconic places can be seen. the entire place looks majestic under light. one must plan this visit at around 5 pm so that one can see the landscapes during day...
We visited mini siam and mini Europe yesterday. It was beautiful and we had fun but the weather is a little annoying
It is well made, but not enough about Thailand, it is for ninety percents on Bangkok, and very few on the others parts of Thailand. For others countries it is the very minimum
Recently I visited this place. The entrance fee is 300 per head. Is a good place to see for one time to take pictures. It's a good place for children to have an education tour and to know about different monuments around the world.
But the entrance fee is too high.
This place is not suitable for hot sunny...
Always nice to stroll through the garden and see many beautiful copies of important buildings. Just don't go in the noon heat.
This place has potential but has been poorly maintained...paint needed urgently to rejuvenate the displays...and cut the grass in front of displays please.....and provide more chairs and shade....and stop the rip off of Farangs paying 5 times the Thai price..
I loved this place. There are many perfectly done mini models of important places in there. I loved the sculptors. You should drink watermelon juice in Mini Siam's cafe.
This attraction is a little dated now but is still a good way to fill in a couple of hours. Would be good for kids over 6 and under 14. Not for a rainy day as out in the open.
Stopped in afternoon 300b, $ 8.57us, well worth the price. It is very pleasurable, you view at your own pace lots to see and lots to photo. they do have free umbrella's for sun and rain.
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.
Is there any restaurant near by or inside Mini Siam for lunch?
What is the charge per person if I reach their myself and buy pass without a guide being needed.
Where is this place located. Near north, central or south part of pattaya.
See all questions

subset: commoncrawl


text:
Tori Cathcart Photography
About Me
Contact Me
Photo Gallery
Client Reviews
Website Designed
Get a Website
List Your Business
"Veni, Vidi, Cepi...I Came, I Saw, I Captured"
It's one of my favorite times of the year--- FALL TIME-- which is a great time to have your Senior Portraits done. I have tons of locations to choose from and I never mind to travel.
Now is also a great time to get your newly updated Family Portraits-- and its never too early to think about Christmas Cards!
Recently Engaged? Planning your Wedding? Want to capture your Holiday memories on film?
Contact me.
Love ya,
Fall Time...
Now booking Weddings for 2016/2017
Click here for more information regarding Wedding Packages
More Information located
on how to book your session TODAY


text:
Find the hottest pop music, hiphop and EDM tracks by bpm & artist. Get a playlist or dj mix in a few clicks.
popular bpm's:
Friday, September 9, 2016
Deja Vu - Post Malone and Justin Bieber
Speed: 67 bpm
Recommended bpm range: 65 bpm to 70 bpm
The DJ's Take: Sounds like something you'd hear in the lounge, lobby or elevator of an old hotel in Miami or Honolulu. Basically White Iverson, Part II - chill vibe that should fit right in at the pool. Some other songs worth mixing with include:
Let Me Love You - Ariana Grande, Can't Hod Us - Macklemore and Ryan Lewis, Day N Nite - Kid Cudi, Big Pimpin - Jay-Z, Jimmy Choo - Fetty Wap, Horses In The Stable - Ty Dolla $ign, Know Ya - Ty Dolla $ign, Gold Bottles - Jeezy, Big Rings - Drake & Future, Where Are Ü Now - Skrillex & Diplo ft. Justin Bieber, Feeling Myself - Nicki Minaj, Lips Are Movin - Meghan Trainor, X - Chris Brown, Moses - French Montana
Download or stream the song:
Labels: 65 bpm , 70 bpm , justin bieber , post malone


text:
Nov 29, 2007
Brazil's commodities and futures exchange, the BM&F, followed in the footsteps of the Bovespa Tuesday with a blowout IPO, which was heard more than 10x oversubscribed. The deal came at BRL20.00, at the top of a revised BRL18.00-BRL20.00...
To continue reading please take a free trial, subscribe or login below.
Please enter your login details below for access.
Subscribe now for unlimited access to all current and archive news, data and market analysis.
Take a free two-week trial now for the latest news, data and market analysis.
Free Trial
January 12, 2017 | New York, USA
The LatinFinance Deals of The Year are the region's most prestigious and rigorously ... more
February 23, 2017 | Mexico City, Mexico
From rising public deficits to stalled growth, Mexico's economy is facing critical ... more
March 29, 2017 | São Paulo, Brazil
Latin America's largest economy continues to navigate a deep recession and the loss ... more
Which area will be most profitable for investment banks in LatAm in 2016?
All material is subject to strictly enforced copyright terms & conditions and cannot be repurposed or reproduced. © 2016 Latin American Financial Publications Inc.


text:
Celebration of American Crafts "Regular Sales" Associates
Cause Areas
WhenSat Nov 26, 2016 - Wed Jan 04, 2017
Where80 Audubon St.New Haven, CT 06510
The Celebration of American Crafts is an annual sale, exhibit, and fundraiser for Creative Arts Workshop, CT's largest community arts school. Now in its 47th year, CAC showcases fine crafts from the local and New England regions, with additional fun events.
We are looking to train volunteers in a variety of roles. All Celebration volunteers will receive a 5% discount on merchandise and discounted parking in the public garage next to CAW.Sales Associate:Will learn about the products and artists to actively assist customers in selecting gifts, greet every customer, quickly checkout customers using scanned barcodes and digital cash registers, replenish inventory, and other tasks to keep the sale running smoothly. Sales Associates are required to attend a training before the sale begins.
This position requires maintaining a consistent weekly shift on Thursdays-Sundays from 10am-2pm and 2pm-6pm from November 26-December 24. Additional slots are available from December 29-30 and January 3-4.
Skills required:
- Outgoing personality with an interest in helping people
- Comfortable using a digital cash register
- Enjoy the sales process
- Willing to learn about the sale, the artists, and their work
- Creative approach to selling original and unique art and high-end crafts
- Previous sales experience or customer service experience a plus but not required
- Prompt and reliable
- Basic Computer Skills
- Transactions
- People Skills
- Multi-Tasking
- Sales Marketing
- Customer Service
Good Match For
Requirements & Commitment
- Must be at least 16
- 4 hours/week with a consistent shift + training
- Must become familiar with inventory and artists to speak effectively about the items for sale


text:
402pages onAdd New Page
this wiki
this wiki
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
Home > List of rides > Romania > Brasov Look up on Google / Wikipedia
More photos here: DirtBike.ro Masa critica Brasov
Other ride locations in Romania (articles only)
{{#dpl: |category = Romania |category = Ride_locations |notcategory = Countries |notnamespace = Category |notnamespace = File |notnamespace = Template |mode = inline |inlinetext = •}}


text:
Cyberbullying bill introduced in N.Y. Assembly
A bill currently in the New York General Assembly would address the problem of cyberbullying, a phenomenon that has attracted national attention over the last several years. In January, New York Assemblywoman Jane L. Corwin introduced A.8895, which defines cyberbullying as:
"engaging in a course of conduct or repeatedly committing acts of abusive behavior over a period of time by communicating or causing a communication to be sent by mechanical or electronic means, posting statements on the Internet or through a computer network."
The measure further defines "abusive behavior" as:
"taunting; threatening; intimidating; insulting; tormenting; humiliating; disseminating embarrassing or sexually explicit photographs, either actual or modified, of a minor; disseminating the private, personal or sexual information, either factual or false, of a minor; or sending hate mail.
Corwin introduced the measure in part in response to the September 2011 suicide of 14-year-old Jamey Rodemeyer of Williamsville, N.Y. The Buffalo News reported that Rodemeyer was the subject of cyberbullying and other forms of bullying because he was gay.
"Bullying is a long-standing problem among school-aged children in New York State, and throughout the nation," Corwin said in a news release. "With the increasing accessibility of electronic means of communication, bullying has transformed from a predominately school-based issue to a broader societal problem. Jamey's story shocked our community — and other small communities across the nation — to its very core, and we cannot allow cyber-bullying to continue without penalty. We must take a firm stand against this destructive and devastating behavior."
Corwin's measure, which has 10 co-sponsors, provides that violators would face an "unclassified misdemeanor by a fine of up to one thousand dollars and/or up to one year imprisonment."
But Nancy Willard, executive director of the Center for Safe and Responsible Internet Use, has expressed concerns about the proposal. She says that many of the terms in the bill — taunting, insulting, humiliating, and embarrassing photographs — are "too vague."
"We should not be looking at the creation of criminal laws to ensure that schools are safe and free from cyberbullying," Willard said. "We need to make sure that schools are effectively addressing all forms of bullying." She pointed out that New York already has a cyber-harassment law on the books that could address some of the more egregious situations.
Corwin's bill has been sent to the Assembly's Committee on Education.
Tags: children and internet, cyberbullying, New York
More articles related to Speech News | children and internet, cyberbullying, New York.
You can follow any responses to this entry through the RSS 2.0 feed.
Both comments and pings are currently closed.
The First Amendment Center is an educational organization and cannot provide legal advice.
Ken Paulson is president of the First Amendment Center and dean of the College of Mass Communication at Middle Tennessee State University. He is also the former editor-in-chief of USA Today.
Gene Policinski, chief operating officer of the Newseum Institute, also is senior vice president of the First Amendment Center, a center of the institute. He is a veteran journalist whose career has included work in newspapers, radio, television and online.
John Seigenthaler founded the Newseum Institute's First Amendment Center in 1991 with the mission of creating national discussion, dialogue and debate about First Amendment rights and values.
Dr. Charles C. Haynes is director of the Religious Freedom Center at the Newseum Institute.. He writes and speaks extensively on religious liberty and religion in American public life.


text:
Visitor Information
- Images
- Opening Times
Carluccio's are springing up all over the place now, from Bluewater to Brent Cross, spreading the loveable TV chef's gospel of good fresh food. Each restaurant is also a deli selling wonderful produce, and the menus offer a taste of superior Italian cooking. These many Carluccio's outlets cater for an upmarket crowd. The proliferation of the chain has had a few predictable effects: a uniform menu, reduced portions and less personal service. However the mission to wake England up to the joys of Italian cookery continues apace, with pizza and pasta of course, but also roasted sardines, veal tonnatto and adventurous meat dishes on the set menu, and some mouth-watering Italian breakfast options. The deli ingredients are of the very finest and each kitchen turns out wonderful food. Pizza Express this is not: a meal at Carluccio's is a lot more indulgent, interesting and considerably more memorable.
Carluccio's images
LondonTown.com - Carluccio's Location Map
Copy and paste the embed code above.
Underground Stations
Railway Stations
Car Parks
Further articles featuring Carluccio's on LondonTown.com
Some of London's fussiest diners are also the littlest ones and it's a tricky task pleasing every member of a family at once. When it...
There's no better way to make the most of the season's rare hazy sunny days and the city's lush, green, meandering parks and gardens than...
Plan the perfect year in the capital with our pick of the best events in London 2016. From January through to December, every month boasts an impressive line-up of entertainment. So, take a look at our guide and be sure not to miss a thing.
Hotels near Carluccio's
Booking multiple rooms?
Visit our group bookings page or call 020 7437 4370 for assistance
Room 1
London > Hotels > Budget Chain Hotel from £36 31% off
Smuggler's Way, SW18 | 25 minutes from Carluccio's
There are very few hotels in this sort of price range in London that put you so close to such an attractive stretch of the river. ... More
London > Hotels > Mid-Range Chain Hotel from £84 33% off
52-54 Upper Richmond Road, SW15 | 25 minutes from Carluccio's
Located in west London's attractive Putney area, the Lodge Hotel offers a superior standard of accommodation, with rooms divided into three categories: standard, executive and luxury. ... More
London > Hotels > Budget Chain Hotel from £44 22% off
200 High Street, SW19 | 34 minutes from Carluccio's
Set in a delightfully leafy part of South London, this budget hotel offers all the gentle pleasures of Wimbledon, but, with the Northern Line right on ... More
Alternative Italian restaurants nearest Carluccio's
London > Restaurants > Italian restaurants
350-352 Garratt Lane, Earlsfield, South West London, SW18 | 2 minutes from Carluccio's
Welcome to the Olive Garden restaurant! Please come and join us for a nice Italian meal in our cosy restaurant. We are family owned restaurant and ... More
London > Restaurants > Italian restaurants
470 - 472 Garratt Lane, Earlsfield, SW18 | 6 minutes from Carluccio's
... More
Dining near Carluccio's
London > Restaurants > South American restaurants
505 Garratt Lane, Earlsfield, SW18 | Same location as Carluccio's
South American Cuisine... More
London > Restaurants > Thai restaurants
346 Garratt Lane, SW18 | 1 minute from Carluccio's
Thai cuisine. ... More
London > Restaurants > Korean restaurants
394 Garratt Lane, Earlsfield, SW18 | 2 minutes from Carluccio's
Korean Cuisine... More
Events near Carluccio's
London > Events > Foodie Events Dates: 3rd December 2016 to 18th March 2017
Carluccio's, 214 Garratt Lane, Wandsworth, SW18 | 6 minutes from Carluccio's
Always wanted to master the BBQ? Then Weber is here to help with its Winter Warmer Grill Academy. The staff at The Jolly Gardeners will ...More
Entertainment near Carluccio's
London > Entertainment > Theatres
356 Garratt Lane, SW18 | 1 minute from Carluccio's
Founded in 1977, Tara Theatre company gets a new home in 2016, a year before the cross-cultural theatre company celebrates its 40th ... More
Sights and Attractions near Carluccio's
London > Attractions > Attractions for Kids
279 Magdalen Road, SW18 | 2 minutes from Carluccio's
... More
Shopping near Carluccio's
London > Shopping > Specialists
412 Garratt Lane, SW18 | 3 minutes from Carluccio's
Tatooist... More
London > Shopping > House and Garden
44 Garratt Lane, SW18 | 4 minutes from Carluccio's
Tableware... More
London > Shopping > Games and Hobbies
613 Garratt Lane, SW18 | 5 minutes from Carluccio's
Always dreamed of a private balloon drop with a flutter of colourful creations each bearing your name? Or looking for an unusual décor for an ... More
Pubs near Carluccio's
London > Nightlife > Pubs
1 Bellevue Road, Upper Tooting, SW17 | 19 minutes from Carluccio's
Perched right on the corner where Bellevue Road meets St James's Drive, seconds from Wandsworth Common station, The Hope is one of the ... More
London > Nightlife > Pubs
38 Tooting High Street, SW17 | 25 minutes from Carluccio's
Right on Tooting high street, the striking, 19th century facade of The Castle hides a contemporary pub with a stunning garden, light-filled orangery and seasonal British ... More
London > Nightlife > Pubs
110 Battersea Rise, SW11 | 29 minutes from Carluccio's
Between Clapham Junction and Clapham Common, Hawkins Forge on Battersea Rise offers craft beer-filled fridges, beers on tap and soul food ... More
Nightlife near Carluccio's
London > Nightlife > Bars
332 Garratt Lane, SW18 | 2 minutes from Carluccio's
Big screen on premises.... More
Also in Garratt Lane
Our recommendations in the same street as Carluccio's
Alternate names and popular misspellings for Carluccio's
Hotels near Carluccio's
From cheap budget hotels to luxury 5 star hotels see our special offers for Carluccio's hotels, including Holiday Inn Express Wandsworth from 83% off.


text:
Zen and the Art of Motorcycle Maintenance
An Inquiry into Values
By (author) Robert Pirsig
Format: Paperback
Normal Price: $14.99
Your Price: $13.49 AUD, inc. GST
Shipping: $7.95 per order
You Save: $1.50! (10% off normal price)
Plus...earn $0.67 in Boomerang Bucks
Availability: Available, ships in 7-10 days
Zen and the Art of Motorcycle Maintenance by Robert Pirsig
Book DescriptionWITH AN INTRODUCTION BY THE AUTHOR AND A READER'S GUIDE Zen and the Art of Motorcycle Maintenance caused a sensation when it was first published in 1974.The story of the narrator, his son Chris and their month-long motorcycle odyssey from Minnesota to California profoundly affected an entire generation.Both personal and philosophical, this book is a compelling study of relationships, values, madness and, eventually, enlightenment.
Buy Zen and the Art of Motorcycle Maintenance book by Robert Pirsig from Australia's Online Bookstore, Boomerang Books.
Book DetailsISBN: 9780099786405
(198mm x 129mm x 27mm)
Pages: 432
Imprint: Vintage
Publisher: Vintage Publishing
Publish Date: 2-Aug-1991
Country of Publication: United Kingdom
Other Editions...
» View all editions of Zen and the Art of Motorcycle Maintenance...
Customers who bought this also bought...
Books By Author Robert Pirsig
Zen And The Art Of Motorcycle Maintenance, Paperback (September 2014)
A narration of a summer motorcycle trip undertaken by a father and his son, which becomes a personal and philosophical odyssey into fundamental questions of how to live.
Lila, Paperback (September 2011)
Zen and the Art of the Motorcycle Maintenance, Robert M. Pirsig's worldwide bestseller, holds a unique and unforgettable place in modern Western literature. Now in Lila, he brings us a new voyage, a poignant journey and a passionate philosophical exploration.
Lila: an Inquiry into Morals, Paperback (December 1992)» View all books by Robert Pirsig
Describes a voyage down the Hudson River undertaken by Phaedrus and a troubled companion, who provokes a philosophical crisis as the philosopher-narrator wrestles with essential questions of morality.
UK Kirkus Review » A remarkable classic, at last back in print. It is not (of course) about motorcycle maintenance, nor is it about a motorcycle journey (though, of course, it is, too). It is a guide, a life support system, a novel, a philosophical treatise, an attempt to analyse life, an examination of the nature of space and time... all things to most men (and women). This is perhaps the archetypal mind-stretching book: anyone who does not know it is missing something. (Kirkus UK)
» Have you read this book? We'd like to know what you think about it - write a review about Zen and the Art of Motorcycle Maintenance book by Robert Pirsig and you'll earn 50c in Boomerang Bucks loyalty dollars (you must be a member - it's free to sign up!)
Author Biography - Robert Pirsig
Robert M. Pirsig was born in 1928 in Minneapolis, Minnesota. He holds degrees in chemistry, philosophy, and journalism and also studied Oriental philosophy at Benares Hindu University in India. He is the author of this book's sequel, entitled Lila.
Facebook Page | Twitter | Google+ | Bulletin e-Newsletter | Blog | RSS
Become a Member | Book Lists | Recently Released | Coming Soon | Fast Delivery Books
Bestselling Books: Our Current Bestsellers | Australia's Hottest 1000 Books | Bestselling Fiction | Bestselling Crime Mysteries and Thrillers | Bestselling Non Fiction Books | Bestselling Sport Books | Bestselling Gardening and Handicrafts Books | Bestselling Biographies | Bestselling Food and Drink | Bestselling History | Bestselling Travel Books | Bestselling School Textbooks & Study Guides | Bestselling Children's General Non-Fiction | Bestselling Young Adult Fiction | Bestselling Children's Fiction | Bestselling Picture Books | Top 100 US Bestsellers
For: Schools | Organisations | Libraries | Publishers | Authors | Book Clubs | Bloggers | Affiliates
About Us | Contact Us | Help Desk | Security | Privacy | Terms of Use | Copyright
Phone: 1300 36 33 32 (9am-2pm Mon-Fri AEST) - International: +61 2 9960 7998 - Online Form
Address: Boomerang Books, 878 Military Road, Mosman Junction, NSW, 2088
© 2003-2016. All Rights Reserved. Eclipse Commerce Pty Ltd - ACN: 122 110 687 - ABN: 49 122 110 687
For every $20 you spend on books, you will receive $1 in Boomerang Bucks loyalty dollars. You can use your Boomerang Bucks as a credit towards a future purchase from Boomerang Books. Note that you must be a Member (free to sign up) and that conditions do apply.


text:
Home :: Wedding Bands :: Gold Wedding Bands :: Celtic Wedding Bands :: Two Tone Gold
Celtic Design
Wedding Band
Product Selection
Wedding Ring
I ordered a wedding ring from Joshua's. They called to confirm my ring order, just to further define the ring itself. After speaking with them, I changed...
His & Hers Wedding Set HHSD-183
I received the Wedding Bands on Friday i just wanted to let you know that i was very pleased with your service. We received the bands way before we
Best Wedding Bands
I was on count down and still couldn't find the perfect hammered wedding band for my husband. When I found Joshua's Jewelry....I took the chance and...
Recently Viewed
Copyright © 2016 Joshua's Jewelry. Powered by WSC Cart


text:
Home / Eyre Active Face Balm SPF 5 (100ml)
Eyre Active Face Balm SPF 5 (100ml)
Price: $18.00
A light weight moisturizer with active oil control and natural UV protection. It leaves skin looking shine-free all day long and makes the ideal aftershave balm with its soothing botanical balm.
- Active Oil Control
- Natural UV Protection
- Chemical Filter Free
- Soothes and Heals
Eyre Active Products Video Review
Related Products
Sold Out
Recently Viewed
is added to your shopping cart.
Close Window


text:
Festivals and Events
Filters Applied:
Our Best & Brightest Christmas Event Ever!
Smoky Mountain Christmas
Presented by:
See the Smokies' most spectacular light display and a lineup of live Christmas shows that celebrate the true meaning of Christmas, all at Dollywood.
November 05 - January 01
Throughout the Park
Chapel Services
Dollywood offers a non-denominational chapel service each Sunday for our Guests.
March 20 - January 01
Craftsman's Valley
Dollywood Was HollywoodDollywood was proud to host the cast and premiere of the NBC movie, Christmas of Many Colors: Circle of Love.
November 22
Festival of NationsKeep watching here for future Festival of Nations information.
March 18 - April 09
Throughout the Park
Barbeque & BluegrassKeep watching here for future Barbeque & Bluegrass Festival information.
May 26 - June 04
Throughout the Park
Summer Lives HereKeep watching here for future Dollywood summer information.
June 17 - August 06
Throughout the Park
Harvest Festival
Presented by:
Keep watching here for future Harvest Festival information.
September 29 - October 28
Throughout the Park


text:
George Washington vs UNC-Greensboro (Mar. 22, 2009)
Mar. 22, 2009 at Greensboro, NC
|Singles competition
|1. Orcun Seyrek (UNGC) def. Ugar Atalay (GW) 2-6, 6-1, 6-3
|2. Yan Levinski (GW) def. Andrey Bubnov (UNGC) 6-3, 6-3
|3. Arsel Kumdereli (UNGC) def. Erik Hannah (GW) 6-4, 6-1
|4. Chris Kushma (GW) def. William John (UNGC) 6-1, 3-6, 6-4
|5. Yaroslav Litus (UNGC) def. Alex Sohaili (GW) 7-5, 6-3
|6. Arya Vayghan (GW) def. Jacob Wright (UNGC) 6-3, 6-0
|Doubles competition
|1. Orcun Seyrek/Arsel Kumdereli (UNGC) def. Ugar Atalay/Arya Vayghan (GW) 8-4
|2. Andrey Bubnov/Yaroslav Litus (UNGC) def. Yan Levinski/Chris Kushma (GW) 8-5
|3. William John/Jacob Wright (UNGC) def. Erik Hannah/Alex Sohaili (GW) 8-7
|Match Notes
Generated on 3/12/2009
More Headlines
Men's Tennis to Wrap Fall at Dick Vitale Invite
WASHINGTON - Senior Julius Tverijonas and junior Chris Reynolds will represent the George Washington men's tennis squad at the Lakewood Ranch Dick Vitale...
@GWMensTennis Ends Run at ITA Regionals
Tverijonas Falls in Singles Round of 16
GW Men's Tennis Posts Perfect Day of Singles on Saturday
Colonials Continue Regional Play
GW Men's Tennis Begins ITA Regional Play
Colonials Grab Pair of Doubles Wins on Friday
@GWMensTennis Set for ITA Atlantic Regionals
Colonials Head to Virginia Tech for Annual Tournament
Tverijonas Closes Play at ITA All-Americans on Friday
Senior Falls in Consolation Action
Tverijonas Falls in Main Draw Action on Thursday
Senior to Begin Consolation Play
Tverijonas Advances to Main Draw at ITA All-Americans
GW Men's Tennis Senior Grabs Two Wins on Tuesday


text:
PDF pending restoration
ERIC Number: ED205536
Record Type: RIE
Publication Date: 1981-Apr
Pages: 10
Abstractor: N/A
Reference Count: 0
The Unreliability of Difference Scores for the Measurement of Change: A Paradox?
Lam, Tony C. M.
The objective of this paper is to examine the relationship between the unreliability of difference scores and the power of tests of significance in an attempt to determine the validity of the paradox for the measurement of change presented by Overall and Woodward: that the power of tests of significance is maximum when the reliability of the difference scores is zero. It is concluded that this paradox is more superficial than real. A negative covariation between power and reliability of difference may occur if subject-by-time interaction variance is significantly greater than measurement error variance, and a positive relationship if the opposite is true. (Author/BW)
Publication Type: Speeches/Meeting Papers; Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Difference Scores; Interaction (Statistical)
Note: Paper presented at the Annual Meeting of the American Educational Research Association (65th, Los Angeles, CA, April 13-17, 1981).


text:
Compare Rolls Royce Garages and Specialists in Loughton with Who Can Fix My Car.
Enter your registration to check prices and reviews, and get your Rolls Royce booked in today!
Compare Rolls Royce Garages and Specialists in Loughton with Who Can Fix My Car.
not very happy with there service there are a rip off never done what I whited done, there diagnostic was not right. went up the m25 and the turbo was not working and my engine was smoking and empty of oil had to get the aa to recovery me home after waiting 5 hours, I do not no what damage it as done to my engine until Monday the never told me the turbo stop working I will be taking this matter further, Regards Levi.
It's was good was really happy with the finish products and very happy with the service I got
Unsatisfactory outcome, waste of money. Never again. Avoid.
They are very effective and know the job very well.
Very professional Soon as I got there they had already known the problem in my car as I spoke to them over the phone and through Whocanfixmycar. They just took the key and give me an estimate of how long it'll take. Meanwhile the receptionist made us a nice cup of coffee. Within no time the job was done and an invoice of the exact price given through the website was handed to me. Overall one of the best mechanics I've come across. Definitely will come again
Fitted job in on short notice, knowledgeable about my car, reasonable charge. My usual mechanic wasn't available and I'm very wary about being ripped off so never used any other mechanic in over 10yrs. 100% recommend Steve and I'll use his service again in future.
Diagnosed a problem and changed the part,but problem remained,took it to my local garage and they found a hole in one of the air pipes...two hour later car is good as new... On the other hand Steve was very helpful and came back next day for free to have a look at it again...that's a big plus
Excellent. responded well. punctual. good diagnostics. polite and very informative.
Excellent performance from Performance Puma!
Steve was very helpful and the result speaks for itself. No more intermittent alarm going off. I would recommend to others.
the worker of yours is a good worker come on time and donn his job perfeckt
Great service from you guys.
Wow, put up the quote at around 12pm, by 2:30 my window was replaced by 24HOUR MASTER WINSHIELD LIMITED. Very quick, easy, friendly. Thank you for your help in the pouring rain!
Good job replacing oil sump.
Great Job will definitely use Deniz Auto Repairs & Servicing again.
Very friendly and polite people great with the price fantastic job service done I definitely recommend this garage and I wil back again thanks guys .
Very good, quick repair reasonable price.
For the past 10 years L J Body Repairs has been providing Waltham Abbey and surrounding Essex with first rate car body repair.
Whether you've had a ding, need a scratch taken care of or something more specialised our small team can help.
Bodywork is our livelihood and we take great pride in producing the highest standard of work to you, the customer, time and time again.
We make it our business to listen to exactly what you want for your vehicle, whatever make or model.


text:
We have at least three days (Today, Tomorrow, Sunday) before we can find out for sure, so until then, what does everyone think?
34 Comments - Linear Discussion: Classic Style
Neutral, then again, that is the way I want it. I can't see him being the person behind it all. I mean, he is just narrating the story. Someone else could be behind it all, just not him. Unless Telltale has a big surprise somewhere. Anyway, I wasn't too bothered at first, but if he ends this season, I will not be very happy. I want it to end with Sam & Max, not the Narrator.
He seems neutral to me. I honestly don't think he's some sort of higher power, just a story-telling gimmick for the season.
EDIT: Dang, Ninto basically took the words from my mouth.
I think that makes sense, except we met Satan in 205, and they look nothing alike. So I guess he can't be. If we hadn't have already met Satan previously, then I would be agreeing.seibert999;366539 said:i think he is the devil
cool i have 4 days XD today , tomorrow , Sunday and Monday =P
and i have 2 wait for PSN update oh well and dont spoil it for me because PC/MAc people get it 1 day early while PS3 (USA) people which is me have to wait tuesday
I used to think he was the main villain, but that "Yank the Cord" scene convinced me otherwise. Also, finding out that he wasn't Dr. Norrington may have had something to do with it. Perhaps he's Dr. Norrington's son, and Junior's father.
He's a Narrator, possibly a Narrator of the beyond who is projecting a human image of himself to make the audience understand him (due to their limited brain).


text:
We use cookies to optimise your experience on Travelzoo. By using our website, you are agreeing to allow this. For more information, see our Privacy & Cookie Policy »
Source: The Old Black Lion
The Old Black Lion is an 18th-century former coaching inn in Hay-on-Wye with an AA-Rosette-awarded restaurant. For £39, you get a 3-course lunch or dinner with wine for two.
12-2:30pm Mon-Sat; 6:30-9pm Sun-Thu; 6:30-9:30pm Fri-Sat until 23 Dec; 3 Jan-31 Mar
Source: Glewstone Court Country House
The Cedar Tree restaurant at Glewstone Court Country House serves "excellent" dishes that "should not be missed", according to The AA, which awards the venue two Rosettes. For £39.50 per head, you and a friend can enjoy a 6-course tasting-menu dinner for two.
6:30-9pm Wed-Fri until 30 Nov; 4 Jan-31 Mar, 2017
Source: The Cottage of Content
For £39, you and a friend can get a 3-course meal with wine at The Cottage of Content, a "friendly rustic cottage" near the River Wye that has been named Country Pub of the Year 2017 by The Good Pub Guide 2016.
12-3pm Tue-Sat; 6:30-10:30pm Tue; 6-10:30pm Wed-Thu; 5:30-11pm Fri; 6:30-11pm Sat until 18 Oct-2 Nov; 3 Nov-14 Dec; 6 Jan-30 Mar, 2017
Glewstone Court Country House is a "charming" hotel that enjoys an "elevated position with views over Ross-on-Wye", says The AA. Get an overnight stay for two at this Grade II-listed manor house including a 6-course tasting-menu dinner, for £139.
Source: The Old Black Lion
The Old Black Lion is an 17th-century former coaching inn in Hay-on-Wye with an AA-Rosette-awarded restaurant. For £29, you get a 2-course lunch with wine for two.
12-2:30pm Mon-Sat until 23 Dec; 3 Jan-31 Mar
Source: The Kilpeck Inn
A 250-year old whitewashed pub, the "commendably green" (The AA) Kilpeck Inn offers "delicious food and a real welcome", according to Alastair Sawday's Special Places to Eat & Drink. You can now get a 3-course meal for two with bubbly, for £39.
12-2:30pm; 5:30-11pm Mon-Fri 1 Sep-28 Feb, 2017
Please go to your email and confirm your subscription.


text:
Swansea city have completed the signing of Atletico Madrid striker, Borja Baston.
The club confirmed it in a statement on their website which reads;
Swansea City have completed the signing of Atletico Madrid striker Borja Baston for a club-record fee of £15.5million, subject to international clearance. The 23-year-old, who will wear squad number ten, has penned a four-year deal after undergoing a successful medical today.
His fee eclipses that of the £12m spent on acquiring Wilfried Bony from Vitesse Arnhem in July 2013. Borja, as he is known, arrives at the Liberty just five days after fellow countryman and World Cup winner Fernando Llorente joined the Swans from Sevilla. The 6ft 1in striker, who came through the academy at Atletico Madrid, scored 18 goals while on loan at Eibar last season as he helped them finish 14th in the Spanish top flight.
ALSO READ: 8 Most Expensive Defenders Of All Time
Borja came through the Madrid academy, and scored 16 goals for the club's second team while his sole senior team appearance came in 2010. Along with his temporary stint at Eibar, he has also spent very successful loan spells with Murcia, Huesca, Deportivo La Coruna and Real Zaragoza. Borja, who has been capped for Spain at Under-16, U17 and U19 level, could be available for the Swans' opening Premier League fixture at Burnley on Saturday.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
decided: October 25, 1976.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEWv.MILTON W. KESSLER, JR., APPELLANT
Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Milton W. Kessler, Jr., No. B-128032.
Steven H. Lupin, for appellant.
Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.
President Judge Bowman and Judges Crumlish, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Blatt.
[ 27 Pa. Commw. Page 2]
Milton W. Kessler, Jr. (claimant) appeals from an adverse decision of the Unemployment Compensation Board of Review (Board), dated October 3, 1975.
On April 29, 1975, while receiving unemployment benefits resulting from a qualifying separation from
[ 27 Pa. Commw. Page 3]
a previous employer, the claimant began working on a commission basis as a full-time salesman for Lamson Fasteners (Lamson), a Philadelphia business organization, soliciting orders for industrial fasteners from business establishments in "Eastern Pennsylvania." The claimant testified that Lamson did not provide him with sales leads nor equip him with sales aids, such as price lists or catalogues. He himself determined what businesses to visit and, only when he ascertained an enterprise's requirements for industrial fasteners, did he contact Lamson so that a price quotation could be made. At the time of the referee's hearing on July 2, 1975, the claimant was still involved in this venture, but had not yet been compensated by Lamson for his efforts.
On the basis of this testimony, the Board found that Lamson neither controlled, nor had the right to control, the claimant's activities as a salesman, and that, therefore, being self-employed, he was no longer eligible for unemployment compensation benefits, such benefits being prohibited under Section 402(h) of the Unemployment Compensation Law*fn1 (Act), 43 P.S. § 802(h). This appeal followed.
In unemployment compensation cases, our scope of review is limited to questions of law, and, in the absence of fraud, to a determination of whether or not the findings of the Board are supported by the evidence, giving the party prevailing below the benefit of all reasonable and logical inferences. Rice v. Unemployment Compensation Board of Review, 19 Pa. Commonwealth Ct. 592, 338 A.2d 792 (1975).
[ 27 Pa. Commw. Page 4]
While the Board's decision here may at first appear to penalize an ambitious person who, after having been unemployed for three (3) months, sought to become self-supporting through his own business initiatives, it must be borne in mind that the Act's denial of benefits to self-employed individuals is grounded on sound policy, and that the Act is not designed "to insure a weekly income to those engaged in business ventures who may not realize a profit therefrom during various weekly periods." Muchant Unemployment Compensation Case, 175 Pa. Superior Ct. 85, 88, 103 A.2d 438, 440 (1954). Our task on review, therefore, is to determine whether the claimant, by involving himself in the activities of a salesman as herein described, was self-employed or an employe of Lamson.
The Legislature has not defined self-employment. Past decisions, however, have examined this issue in the light of the statutory language which concerns "employment," and have excluded from benefit status those who have failed to satisfy the requirements of that section. See, e.g., Laswick v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 356, 310 A.2d 705 (1973). We are, of course, constrained to follow these precedents.
We must note, therefore, that Section 4(1) of the Act, 43 P.S. § 753(1), defines an employe as one who performs services in an employment relationship with an employer, and that the Act defines the employment relationship in pertinent part as follows:
"Services performed by an individual for wages shall be deemed to be 'employment' subject to this act unless and until it is shown . . . that (a) such individual has been and will continue to be free from control or direction over the performance of such services both under his contract or service and in fact; and (b) as to such service such individual is customarily engaged in an independently established trade, occupation
[ 27 Pa. Commw. Page 5]
or business." Section 4(1)(2) of the Act, 43 P.S. § 753(1)(2)(B).
This language makes it clear that a claimant can be classified as self-employed only when it is established that: (1) he is not subject to the control of his employer; and (2) he is "customarily engaged in an independent trade." Pennsylvania Bureau of Employment Security v. Hecker & Co., 409 Pa. 117, 185 A.2d 549 (1962); C.A. Wright Plumbing Company v. Unemployment Compensation Board of Review, 6 Pa. Commonwealth Ct. 45, 293 A.2d 126 (1972).
Whether or not the employer "controls" or has the "right to control" the activities of those who look to him for compensation must be determined on the facts of each case. The following features have been identified as key factors in determining control or right to control in situations involving commission salesmen: (1) a definite assignment of territory; (2) a required number of interviews to be made within a prescribed time period; (3) mandatory attendance at sales meetings; and (4) regular filing of progress reports. Department of Labor and Industry v. R.T. Schaller Co., Inc., 88 Dauph. 386 (1968). The method of operation in the instant case is in sharp contrast to the indicia of control listed above. Here, the claimant was not assigned a well-delineated area to canvass; he himself determined what hours to work and which business establishments to visit; and he was not required either to attend sales meetings or to file regular reports. As noted above, the Board, in its analysis of the facts of this case, could find no control by Lamson over the claimant's activities as a salesman. Nor can we.
Our inquiry also reveals that the claimant was, in accordance with prior judicial interpretation, "customarily engaged in an independent trade." We have said that an individual is customarily engaged in an
[ 27 Pa. Commw. Page 6]
independent trade where it is evident that he has a proprietary interest in some business which he can operate freely from the control of any other individual. C.A. Wright Plumbing Company v. Unemployment Compensation Board of Review, supra. An expanded version of this test was applied by the Court of Common Pleas of Dauphin County when it had jurisdiction over appeals from the Board. That court held that one is customarily engaged in an independent trade where it appears that he is "capable of performing the particular activities in question for any who wish to avail themselves of such services; and . . . the nature of the activity [is] not such that the individual [is] compelled to look to only a single employer for the continuation of such services on an ordinary employer-employee relationship." Bureau of Employment Security v. AAA Moving and Storage Company, 76 Dauph. 335, 341 (1961). Here, it is clear that the claimant's services were performed without interference from Lamson and could be undertaken without regard to the identity of the employer, so that it is proper to conclude that he is customarily engaged in an independent trade.
In a case which presented a factual background similar to the case at hand but called for a determination of an employer's liability for unemployment compensation tax on commissions paid to salesmen, we held that where the employer "exercised no control over the sales or over the salesmen, did not supply any leads, paid no expenses, supplied no facilities, no telephone, no office space, [and] neither required nor received reports . . ." the "employes" were, in fact, self-employed. American Diversified Corp. v. Bureau of Employment Security, 1 Pa. Commonwealth Ct. 527, 533, 275 A.2d 423, 426 (1971). We find American Diversified, supra, to be persuasive authority
[ 27 Pa. Commw. Page 7]
for concluding that the claimant here is, as a matter of law, self-employed.
We must, therefore, conclude that the claimant, having embarked upon self-employment while otherwise eligible to receive benefits, was disqualified from future receipt of benefits, such disqualification being pursuant to Section 402(h) of the Act, 43 P.S. § 802(h). See Laswick v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 356, 310 A.2d 705 (1973). Moreover, the claimant is barred from benefits even though he had not received any income from the venture. Keslar Unemployment Compensation Case, 202 Pa. Superior Ct. 434, 195 A.2d 886 (1963).
It is true that counsel for the claimant contends that the referee's "Findings of Facts," which were adopted in toto by the Board, reflect a capricious disregard for the competent evidence of the record, arguing that the record shows enough evidence of control to establish an employer-employe relationship. Capricious disregard is defined, however, as a willful and deliberate disregard of competent testimony and relevant evidence which one of ordinary intelligence could not possibly have avoided in reaching the result. Aluminum Company of America v. Theis, 11 Pa. Commonwealth Ct. 587, 314 A.2d 893 (1974). Our review of the record here fails to disclose any such capricious disregard of the evidence offered. The claimant did make statements at the referee's hearing which, when considered alone, would suffice to indicate the control associated with an employer-employe relationship. These statements, however, are not consistent with the claimant's entire testimony,*fn2 and, where the claimant
[ 27 Pa. Commw. Page 8]
makes inconsistent statements, it is for the fact-finder to determine which are the more credible and we are bound by his determination. Donnelly v. Unemployment Compensation Board of Review, 17 Pa. Commonwealth Ct. 39, 330 A.2d 544 (1975).
We, therefore, issue the following.
And Now, this 25th day of October, 1976, the order of the Unemployment Compensation Board of Review is hereby affirmed and the appeal of Milton W. Kessler, Jr. is dismissed.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
JD Lighting50W LED DIY Outdoor Flood Light$0.00 $197.95
DIY 50W Led Floodlight
This 50w LED flood light is perfect for lighting medium to large outdoor areas. It comes with a 4200k cool white Led Bulb and generates very little heat.
- 50w LED, 4200 Lumens
- 40 000 hour long life
- 4200k Cool white
- IP65 Weatherproof rating
- Energy Saving LED Flood Light
- Die-Cast Aluminium Construction
- Ultra Long Life Super Bright LED's
- Adjustable Head
- Low Heat Output
- Silver frame
Complete with 3-pin Plug and 25cm lead for DIY easy installation
2 Year Warranty
40,000 Hour Long Life


text:
"Piazza Navona" Piazza Navona Tip by shivan
Piazza Navona, Rome: 174 reviews and 305 photos
Piazza Navona
One of the largest squares in Rome, designed by architect Bernini, intended to symbolize the ancient arenas where Romans enjoyed two-wheeled chariots races.
These races were bloody indeed, and very often competitors died, crushed by other vehicles.
Website: http://www.turismoroma.it/cosa-fare/piazza-navona
More Things to Do in Rome (32)
1 - 0 of 0
More Reviews (8)
shivan's Related Pages
"Living another, better day"
- Member Rank:
- 0 0 5 0 3
- 831 Reviews
- 1,030 Photos
- Add Friend
- Follow
- Send Message
Have you been to Rome?Share Your Travels
Rome Things to Do


text:
Hey guys!
Okay so I'm well aware of the size conversions with european clothing, so that isn't an issue... But I need to know if it's even remotely possible to find clothes for a US sz. 46/xxl guy in Paris... I feel like the answer is going to be a resounding 'no' but I felt optimistic. Also the reason I ask, instead of just casually finding out once we get there is this is one MOODY dude and something as simple as walking into a store that doesn't have his size will sour his day. So I'm trying to prepare in advance.
Help meeeeee pleeeeaaaaase
Recent Activity
- Announcement:
- Recent Spam Attacks
by mkataoka | Posted on Nov 28, 16 at 01:31 PM
- 1 Honeymoon on a Budget
- 2 Which airport for Bellagio?
- 3 Where to weekend away from Frankfurt
- 4 Northern Italy with 2 kids itinerary help
- 5 Swiss Trip Itineraryand Charges
- 6 Urgent- Pleaseee HELP - Spain, Italy or France for Xmass and New years
- 7 New Law Regarding Vacation Rentals in Paris
- 8 4+ days in Lisbon over NYE, should we visit Sintra?
- 9 Mon Dieu! The Cops Are After Me
- 10 Scandinavia - By land or by sea?
- 11 International Flight Question
- 12 Destination from London by train, advice please
- 13 Interesting places to visit
- 14 Choosing a hotel - Campo de' Fiori or Piazza Venezia?
- 15 Bernese Oberland + Luzern 4 days
- 16 Europe Travel & Trivia Quiz #138- Bridges, Tunnels!
- 17 Dresden: How Many Nights?
- 18 Ireland in April-Day trips from Galway base
- 19 Gorges du Tarn, accommodation & Activity recommendations
- 20 Budapest in December 2017
- 21 Petrol in Greece
- 22 Six Nights (and days) in the Marais
- 23 Scotland-Looking for itinerary advice for 9 day trip
- 24 Ronda: cheap parking, where to find?
- 25 Dijon in December!
Shopping in France for the larger than average...
Hey guys!
Report Abuse
My best advice is don't even try given his low frustration level. You will have difficulty finding his size and when you do the range will be very disappointing.
Capel is one exception, a specialty store for larger sizes, and I believe the grands magazins, Galeries Lafayette and Printemps, have men's departments with larger sizes. The vast majority of the attractive men's boutiques will have nothing to fit him. www.capelstore.fr
Overall, the selection and quality (for large sizes) is much better in the US.
My husband is 42 jacket, XL pullovers/jumpers. He can find a few things but we do most of our clothes shopping in the UK or by mail order. At size 16-18 US, I am pretty much out of luck as well. Most of the clothes in my size are dire.
Report Abuse
Hi Cath. Maybe the clothes don't suit you at C&A but I have purchased some things in several countries in Europe at this chain store.
The selection isn't enormous in the 16-20 range for women but I have always managed to find a couple of things that I liked.
I am only speaking of the women's clothing as I never have looked for men's clothing there.
Report Abuse
I think it's smart to be prepared in advance, and unfortunately I think the answer is that resounding no that you anticipated. I would not even try, because as was said above, even if you luck out and do find things in that size range, the selection will be truly limited. So just do something else - no one HAS to go clothes shopping in Europe.
Report Abuse
Thanks, Sher, there's a C&A in Toulouse, I'll have a look. Love Marina Rinaldi but the prices prevent me from shopping there often.
Most of the large size women's shops here seem targeted at 80-year olds. Prints designed for sofas and curtains, synthetic fabrics, etc.
Report Abuse
Just realized I spelled magasins wrong in my first post. I hate that. St. Cirq, you should have nudged me!
Report Abuse
The simple fact is that most French people are not very large, tend to be medium height and fairly slim. Even for just a tall regular guy - 6'3" and 42/43 jacket - there are limited offerings. The answers are to go for designer - and spring for huge $ - or buy in countries where average people are not so small.
Report Abuse
Cath. They have some very stylish options and I have purchased several things in Austria and Portugal that I know of for certain.
They also have a designer section with a little upscale selection of clothing but I cannot remember the name of the designer. It wouldn't mean anything to me I don't think.
Marina Rinaldi has simply beautiful things. I used to receive a catalog but way out of my price range unless it was for a very special occasion.
Let me know if you find anything.
Report Abuse
Not anything g to do w/ the OP's question - but Several years ago I went to London w/ a group of friends one of whom was a plus sized Canadian w/ no upscale/designer options in her home town. She arrived in London w a virtually empty suitcase and completely filled it w/ Marina Rinaldi (and a couple of other pieces) from Harrod's. She spent a FORTUNE! Got some beautiful things of course, but my goodness
Report Abuse
C&A is good for large sizes, but Capel is the XL specialist for men in France.
Report Abuse
OP because your fellow does not react well to this sort of thing I would NOT go clothes shopping, seriously who wants a grumpy guy because he is upset. Its not that you might not find anything, you might, but why ruin a lovely vacation to Paris where there are like a million other things to do and see besides shopping ( have to say, I personally dislike shopping on holiday as it seems a waste of vacation time but I know I am a bit of freak that way compared to some of my friends, whatever, lol )
I won't sugar coat it.. there are not a lot of super sized guys in France, so it would never be easy.. don't go for the clothes , go for the wine,, that makes most people happy!
Report Abuse
Thank you everyone so much! We'll definitely check out Chapel!
We won't spend much of our trip shopping, but I wanted to get a general idea of what there is on his account... I know for sure that I'll be doing a ton of shopping myself so at least he'll be able to keep busy in Galeries Lafayette.
Again, thank you guys! Super helpful!
Report Abuse
Please note Capel, not Chapel.
For Galeries Lafayette, stop at the Information Desk to see if they still give 10% discount cards to non-EU shoppers, this is in addition to TVA refund of about 12%. Do all your shopping then go to the store's Bureau de Detaxe for your TVA documentation. (Use the 10% off card when you pay.)
The 10% discount card doesn't apply to Points Rouges--high end brands, but I've used it in the clothing departments, cosmetics, kitchen ware, etc.
Report Abuse
I have definitely seen stuff in C&A, as noted, but really, what is the point here? There isn't a big selection, C&A clothes are not French and are made in 3rd world countries just like everywhere else. I don't even understand the goal of going to buy stuff in France that isn't made there, will be expensive, and will be a poorer selection than at home.
Report Abuse
C&A "stuff" will not be expensive. I would not come from the USA to shop there. I live in France and was moaning about the lack of choice in US sizes 16-18.
Sher suggested C&A which might be worth a try.
If there are women's clothes that are actually made in France that are not haute couture and are available in size 16, I would most happily buy them.
Comments have been removed by Fodor's moderators
Sign in to comment.


text:
A BNY Mellon Company
Capital management solutions
Fixed income
Cash management solutions
Absolute return
Factsheets and prices
Market data
Historic factsheets
Investment communications
Webinar and video channel
Responsible Investment
Inflation Watch
Liabilities risk illustrator
Call our team on+44 20 7321 1194
or emailInsurance Team
Get all the information you need on current and prospective investments in our comprehensive information centre.
You can also access all our literature including: regulatory documents, educational guides, fund updates and brochures. As well as our latest industry insights and white papers.
160 Queen Victoria StreetLondon EC4V 4LASwitchboard: +44 20 7163 4000
© 2016 Insight Investment. All rights reserved.


text: In Aus i think they are $499 for a 64 gig and $378 for 32 gig. I want to but a few seasons of each tv shows on there and a couple movies. Also a lot of apps Please Register or Log in to view images So ill be ready for holidays. Do you rekon its worth getting 64 gig or 32, cause i have money for 32 but if i wait a couple more weeks ill have enough for 64.


text:
See Details on eBay
Seller: howardbutler (2,137) 100%,
Location: Wolverhampton,
Ships to: GB & many other countries,
Item: 311749086275
Antique long case clock crank key no. 12, in good used condition.
Type: Clock Key
See More
How can we make PicClick Insights better for you? Email us feedback!
49 Views, N/A Watching, Good amount of views. 1 sold, 0 available. Has 1 bid.
Great seller with very good positive feedback and over 50 ratings.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
December 16, 2010
ROBERT P. BENYAMINI,PLAINTIFF,v.MANJUANO, ET AL.,DEFENDANT.
FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT DEFENDANTS' MOTION TO DISMISS BE DENIED (Doc. 68.)
Robert P. Benyamini ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on August 21, 2006. (Doc. 1.) This action now proceeds with the Third Amended Complaint, filed on May 3, 2008, on Plaintiff's Eighth Amendment claims for adverse conditions of confinement against defendants Manjuano, Wilcox, Wilkerson, and O'Grady. (Doc. 35.) On July 3, 2010, defendants Wilcox, Wilkerson, and O'Grady ("Defendants") filed a motion to dismiss this action based on the expiration of the statute of limitations. (Doc. 68.) On July 9, 2010, Plaintiff filed an opposition to the motion. (Doc. 69.) On July 13, 2010, Defendants filed a reply to Plaintiff's opposition. (Doc. 70.) Defendants' motion to dismiss is now before the Court.
II. SUMMARY OF THE THIRD AMENDED COMPLAINT*fn1
The events at issue in this action allegedly occurred at the Modesto County Jail, where Plaintiff was housed at that time. Plaintiff suffers from extreme claustrophobia and was housed in a small cell in segregation for approximately five months, commencing on June 25, 2003. Plaintiff was not given a reason for the segregation and was not charged with or convicted of any disciplinary violations. Plaintiff alleges that his confinement in segregation caused him extreme physical and mental problems due to his claustrophobia, and that defendants Manjuano, Wilcox, Wilkerson, and O'Grady were aware of the situation but failed to take any action.
III. RULE 12(b)(6) MOTION TO DISMISS CASE AS TIME-BARRED BY STATUTE OF LIMITATIONS
A motion to dismiss pursuant to Rule 12(b)(6) operates to test the sufficiency of the complaint. "A claim may be dismissed under Rule 12(b)(6) on the ground that it is barred by the applicable statute of limitations only when 'the running of the statute is apparent on the face of the complaint.'" Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 969 (9th Cir. 2010) (quoting Huynh v. Chase Manhattan Bank, 465 F.3d 992, 997 (9th Cir.2006)). "'[A] complaint cannot be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts that would establish the timeliness of the claim.'" Von Saher, 592 F.3d at 969 (quoting Supermail Cargo, Inc. v. U.S., 68 F.3d 1204, 1206 (9th Cir.1995)). "[W]here the issue of limitations requires determination of when a claim begins to accrue, the complaint should be dismissed only if the evidence is so clear that there is no genuine factual issue and the determination can be made as a matter of law." Sisseton-Wahpeton Sioux Tribe v. United States, 895 F.2d 588, 591 (9th Cir. 1990); In re Swine Flu Prod. Liab. Litig., 764 F.2d 637, 638 (9th Cir.1985); Lundy v. Union Carbide Corp., 695 F.2d 394, 397-98 (9th Cir.1982).
Defendants argue that this action against them should be dismissed because Plaintiff's claims are barred by the statute of limitations under section 335.1 of the California Code of Civil Procedure. Defendants argue that the applicable statute of limitations for personal injury actions was two years when Plaintiff's action accrued against them in late 2003. Defendants argue that because Plaintiff's complaint against them was filed on August 21, 2006, nearly three years after the fact, the entire action against them is time-barred.
In opposition, Plaintiff argues that his lawsuit was not filed after the expiration of the statute of limitations, because the statute of limitations for a person in prison with a determinate term is four years, two years initially under § 335.1, and two years tolled under § 352.1. Plaintiff asserts that he has been in prison every day since the occurrence of the events at issue in this action.
In reply, Defendants concede that it appears Plaintiff can avoid the statute of limitations based upon the tolling issue, and Defendants request that the Court either grant their motion to dismiss with leave to amend or, in the alternative, deny the motion.
A. Statute of Limitations
Federal law determines when a claim accrues, and "[u]nder federal law, a claim accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action." Maldonado v. Harris, 370 F.3d 945, 955 (9th Cir. 2004); Fink v. Shedler, 192 F.3d 911, 914 (9th Cir. 1999). Because section 1983 contains no specific statute of limitation, federal courts should apply the forum state's statute of limitations for personal injury actions. Jones v. Blanas, 393 F.3d 918, 927 (2004); Maldonado, 370 F.3d at 954; Fink, 192 F.3d at 914. California's statute of limitations for personal injury actions was extended from one year to two years effective January 1, 2003. The two-year statute of limitations does not apply retroactively to claims that accrued prior to January 1, 2003. Cal. Civ. Proc. Code § 335.1 (West 2007); Jones, 393 F.3d at 927; Maldonado, 370 F.3d at 954-55.
Defendants argue that this action is barred by § 335.1 because Plaintiff's original complaint was filed more than two years after the events in question. Defendants assert that the original complaint was filed on August 21, 2006, and according to Plaintiff's original complaint and subsequent amended complaints, the time period in question was during 2003. The original complaint alleges, "from a time period of June 25, 2003, thrue [sic] a six month time span I was segregated in a tight cell with no windows," and the balance of the factual allegations all occurred within the 2003 time frame. (Cmp., Doc. 1 at ¶IV.) The Third Amended Complaint, which was served on defendants, repeats these factual allegations, as follows: "From a time period of June 25, 03, thrue [sic] over a five month span I was segregated in a tight cell." (Third Amended Cmp., Doc. 35 at ¶IV.)
Assuming that Defendants' argument is correct, and Plaintiff's action against him accrued, at the latest, on the last day of 2003, the two-year statute of limitations applies to Plaintiff's action. Under this assumption, if Plaintiff knew or had reason to know of his injury on December 31, 2003, Plaintiff had two years, until December 31, 2005, to file suit, subject to any applicable tolling provisions, discussed below.
B. Tolling -- Disability of Imprisonment
In actions where the federal court borrows the state statute of limitation, the court should also borrow all applicable provisions for tolling the limitations period found in state law. Jones v. Blanas, 393 F.3d 918, 927 (2004). Under California law, prisoners who at the time the cause of action accrued were either imprisoned on a criminal charge or serving a sentence of less than life for a criminal conviction enjoy a two-year tolling provision for damages actions. Cal. Civ. Proc. Code § 352.1 (West 2007). Assuming § 352.1 applies to Plaintiff, Plaintiff had until at least December 31, 2007, to file suit. Other applicable tolling provisions may also apply, extending the deadline for Plaintiff to file suit. Under this analysis, Plaintiff's suit is not time-barred. Defendants have not presented evidence supporting a different conclusion. Therefore, the Court cannot find that Defendants are entitled to dismissal of this case based on the expiration of the statute of limitations.
Based on the foregoing, the Court HEREBY RECOMMENDS that Defendants' motion to dismiss, filed on June 3, 2010, be DENIED.
The Court further ORDERS that these Findings and Recommendations be submitted to the United States District Court Judge assigned to this action pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 72-304 of the Local Rules of Practice for the United States District Court, Eastern District of California. Within TWENTY (20) days after being served with a copy of these Findings and Recommendations, any party may file written Objections with the Court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Replies to the Objections shall be served and filed within TEN (10) court days (plus three days if served by mail) after service of the Objections. The Court will then review the Magistrate Judge's ruling pursuant to 28 U.S.C. § 636 (b)(1)©. The parties are advised that failure to file Objections within the specified time may waive the right to appeal the Order of the District Court. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
The completely crazy Jianhua JH6620 24V3000 Wedding Car of China
September 21, 2014 by Tycho de Feijter
This is the completely mad Jianhua JH6620 24V3000 Wedding Car, times two, Spotted in China in the faraway Dongba area in far east Beijing. The two giant limousines stood abandoned on a lonely lot inside the premises of an abandoned real-estate project. There was nobody around so I had the time of my life with these two beautiful cars.


text:
Sold by PayPorte
Meet your matte. Your fantasy matte. The matte that not only feels great (yes, you read that right – it's actually comfy) but also lasts for hours and has "a-mazing Instagram selfie" written all over it. Infused with grape seed extract imported from Italy, this smear-proof lip soother delivers mega color that won't budge, even after a close encounter with a cappuccino cup.
Share this with your friends.
Additional Information
You're reviewing: Milani Matte Glam Lipstick - Purple
No products available!
0 item(s)
You have no items in your shopping cart.
Fill your cart


text:
Song of the Day 7/7/08: Electric President - Monsters
Electric President's "Monsters" seems similar to many things and not quite identical to anything. You could call it a darker Postal Service, but that would ignore lines like "you've got no friends and you got no heartbeat / your insides are rotten now, so there's nothing to fix." This is dark and hazy and dreamy - if outer space weren't a soundless vacuum, the atmosphere might emit a hum close to this. And the monsters in this world, far from fleshy and frightening, are weak and formless: "your backbone is soft because you threw it away...stick your head in the ground / you might just dodge the guns." Spooky, in a very refreshing way.
play Electric President - "Monsters"
Check out these similar artists:
Postal Service
Radical Face


text:
London post-punk outfit Savages will follow up their 2013 Silence Yourself debut album with sophomore effort Adore Life on January 22. As the release date draws nearer, Savages shared another new track from Adore Life. Previously released album cut "The Answer" now has company with "T.I.W.Y.G".
The band's own Jehnny Beth stated, "we wanted to write the hardest, most extreme songs we could ever write." And Savages "T.I.W.Y.G." seems to back that up. The driving track centers around Beth's lyrical refrain of "this is what you get when you mess with love."


text:
"Walk along the North side of River Thames" London Off The Beaten Path Tip by Durfun
London Off The Beaten Path: 1,703 reviews and 3,058 photos
Take in the gorgeous buildings: ultra modern, contemporary, and old historic charms.
The fresh air that exudes from the River would be great to please the senses, as would the open views along and across the River.
Feel free even to cross the River (bridge) by foot, and if feeling adventurous and energetic, you can criss-cross the bridges, heading west; cross Tower Bridge, walk back onto The Millenium Bridge linking Tate Modern to St Pauls, etc.
More Off The Beaten Path in London (9)
More Reviews (106)
Things to Do (49)See All One New Change
Hotels (7)See All In the airport itself !
Restaurants (15)See All Very Chic Chinese
Nightlife (9)See All Funky Belgian beers anyone?
Transportation (10)See All Bicycle hire outside tube stations!
Shopping (6)See All Brick Lane & it's Market
General (3)See All Have a week? Then see these...
Local Customs (3)See All Ice-skating outside the Natural History...
Sports & Outdoors (1)For summer, bring your swimming briefs !
What to Pack (1)Good quality warm clothes for winter !
Warnings and Dangers (1)Shady 'southern' areas..
Tourist Traps (1)Need correct change for buses
Durfun's Related Pages
Durfun Lives Here!
"Cherish memories of fab places, fab people, and the occasional 'angel' you run into..."
- Member Rank:
- 0 0 4 9 7
- Forum Rank:
- 0 0 5 5 9
- 582 Reviews
- 1,372 Photos
- Add Friend
- Follow
- Send Message
Have you been to London?Share Your Travels


text:
Subscribe for news:
- About EFCA
- Projects
- Grants and tenders
- Donors and Partners
Introducing EFCA's main program areas
Our programs are driven by the priorities of Kazakhstani society, with an emphasis on regional projects in rural communities...... Read More
MBA for NGO Representatives
EFCA and Centre for NGO Expertise started MBA program for NGO representatives.... Read More
EU project
contributes to promoting human rights reforms in South Kazakhstan... Read More
NGOs working meeting in the framework of mentorship program
On 29-30 September 2016 NGOs working meeting in the form of a training was held for organizations working on protection of rights of persons with...
Almaty will host training on social entrepreneurship for human rights NGOs
Training is organized by the Eurasia Foundation of Central Asia in the framework of the project "Initiative for the human rights NGOs sustainability",...
Social entrepreneurs of Kazakhstan and Russia share their experience
Members of the School of social entrepreneurship had a unique opportunity to learn the experience of social entrepreneurship in Russia.
A training on inclusive education was conducted in the Rahat village
May 19 - the village of Rahat, Enbekshikazakh district. Public association of disabled people "Kamkor" held a training seminar for the specialists of...
Ready for school!
From 25 to 30 April in Kuryk village a training on «Step by Step» technology for teachers of pre-school and senior kindergarten's groups was...
A seminar on mentoring was conducted in Atyrau
In Atyrau on the 1-st of June, a seminar on mentoring was conducted as a part of the program "Zharkyra" for the development of social entrepreneurship...
NGO leaders are developing business plans
Almaty, Kazakhstan - June 6-10, Almaty. Second series of trainings for NGO leaders - members of the School of Social Entrepreneurship will be...
EFCA has signed a memorandum of cooperation with the Fund "Our Future"
Moscow, Russia - 18 May, EFCA officially signed a memorandum of cooperation with the regional social programs Fund "Our Future", Russia. The signing...
About EFCA
The Eurasia Foundation of Central Asia is a public organization established in the region in 2005 with the aim of supporting civil society initiatives, entrepreneurship development, education, and good governance in Central Asia, through offices in Almaty, Bishkek, Osh, and Dushanbe.Read More
Grants and Tenders
Currently EFCA has no active service tenders
Currently EFCA has no active service tenders.Read More


text:
Crime reports from Laguna Niguel neighborhoods
Traffic accident. 4:17 p.m. Marina Hills Drive and Golden Lantern. A car crash was reported. There were no injuries.JUNE 1
Disturbance. 12:29 p.m. 31700 block of East Nine Drive. A burglar reportedly struck nearby.
Disturbance – music or party. 12:24 a.m. 24200 block of El Pilar. A resident complained about a noisy party.MAY 31
Traffic accident. 12:53 p.m. Bear Brand Road and Shorebreaker Drive. A car crash was reported. There were no injuries.
Disturbance. 12:33 p.m. 30000 block of Tessier. A resident complained about a domestic dispute.
Suspicious person/circumstances. 8:19 a.m. 0 block of Moss Landing. A burglar reportedly struck nearby.
Vandalism in progress. 3:30 a.m. 27300 block of Young Drive. A caller reported that someone defaced property nearby.
Disturbance – music or party. 3:13 a.m. 31100 block of Peak Drive. A resident complained about loud noise.MAY 30
Shots heard – no suspect information. 10:10 p.m. 25000 block of La Mangusta. A resident reported hearing gunshots.
Fraud report. 3:30 p.m. 30100 block of Crown Valley Parkway. A caller reported being the victim of identity thief.
Found child. 11:46 a.m. Club House Drive and Pacific Island Drive. A child who had been reported missing was located.
Suspicious person/circumstances. 10:08 a.m. 27400 block of Hyatt Court. A burglar reportedly struck in the area.
Annoying phone call. 10:06 a.m. 27900 block of La Paz Road. A caller complained about getting harassing telephone calls.
Suspicious person/circumstances. 8:10 a.m. Niguel Road and Crown Valley Parkway. A caller reported a missing adult.
Disturbance. 9:18 p.m. 28100 block of Moulton Parkway. A resident complained about a domestic dispute.
Petty theft. 8:12 p.m. 27300 block of Heather Ridge Road. A 24-year-old man was arrested on suspicion of stealing. He was ordered held on $20,000 bond at Central Men's Jail in Santa Ana.MAY 28
Suspicious person/circumstances. 2:34 p.m. 24500 block of Camden Court. A burglar reportedly struck in the area.MAY 27
Annoying phone call. 10:20 p.m. 24200 block of Juanita Drive. A caller complained about getting harassing telephone calls.
Traffic accident. 6:22 p.m. Heather Ridge Road and Pacific Park Drive. A car crash was reported. There were no injuries.
Fraud report. 2:58 p.m. 29300 block of Elba Drive. A resident reported being the victim of identity theft.MAY 26
Suspicious person/circumstances. 8:56 p.m. 27500 block of Manor Hill. A suspected prowler was reportedly either seen or heard in the area. Details were not available.
Suspicious person/circumstances. 6:44 p.m. 25100 block of Via Bajo Cerro. A caller said three people were smoking something out of a pipe while standing near a playground.
Petty theft. 2:35 p.m. 27300 block of Heather Ridge Road. A woman was arrested on suspicion of shoplifting.
Disturbance. 11:16 a.m. Paseo de Colinas and Cabot Road. A 46-year-old man was arrested on suspicion of committing assault with a deadly weapon. He was ordered held without bond at Central Men's Jail in Santa Ana.
The blotter is compiled by Ciaran McEvoy and consists of items from the O.C. Sheriff's Department website, ocsd.org. Calls represent what was told to the deputy by dispatcher. The true nature of an incident often differs from what is initially reported. No assumption of criminal guilt or association should be drawn from the content provided.
Contact the writer:
Most Popular
User Agreement
Comments are encouraged, but you must follow our Privacy Policy Policy & Terms of Use
Keep it civil and stay on topic. No profanity, vulgarity, racial slurs or personal attacks. People who harass others or joke about tragedies will be blocked. By posting your comment, you agree to allow Orange County Register Communications, Inc. the right to republish your name and comment in additional Register publications without any notification or payment.


text:
The Finest Carbon Fiber Stringed Instruments in the World
Luis and Clark instruments are used throughout the world by many of the finest players in world class orchestras, crossover popular artists, and musicians from every walk of life who value powerful sound, pure pitch, and exquisite craftsmanship. We invite you to discover more about the instruments throughout this website.
Latest News
Musical Happening at Avant Gardner – review of A Far Cry
Musical Happening at Avant Gardner - an excerpt from a review of a concert by A Far Cry, Boston's exciting self-conducted chamber orchestra
Taylor Davis on her L&C Violin
Game of Thrones Theme - Violin - Taylor Davis >>>> Taylor writes [...]
Luis and Clark Featured in the Official Debut Video of 2014 Mazda6 Sedan
The Luis and Clark carbon fiber cello can be heard and seen [...]
Luis Leguia playing Bach C Major Prelude
Luis Leguia playing Bach C Major Prelude for unaccompanied Cello