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October 18, 2012
DAVID F. KELLY BEY,PLAINTIFFv.DANIEL S. KEEN, ET AL., DEFENDANTS
Plaintiff David F. Kelly Bey, an inmate currently confined at the Franklin County Jail in Chambersburg, Pennsylvania, initiated this civil rights action with a complaint filed pursuant to the provisions of 42 U.S.C. § 1983 on April 19, 2012, as amended June 1, 2012. (Doc. 33.) Named as Defendants are several prison officials from Franklin County Jail.*fn1 In his second amended complaint,*fn2 Plaintiff alleges that Defendants are violating a consent decree approved in 1989 and relating to prison conditions at Franklin County Jail. He also alleges several constitutional violations relating to Franklin County Jail's prison inmate account system, the law library, and the grievance process. Finally, he alleges that Defendants have engaged in a conspiracy against him and have retaliated against him. As relief, Plaintiff seeks monetary damages as well as declaratory relief.
Presently before the court are two motions filed by Defendants: (1) a motion to terminate the consent decree (Doc. 46), and (2) a motion to dismiss Plaintiff's second amended complaint (Doc. 56). In addition, Plaintiff has filed a motion to amend/correct his second amended complaint. (Doc. 62.) For the reasons set forth below, Defendants' motions will be granted, and Plaintiff's motion will be denied.
I. Background
A. Facts
In his second amended complaint, Plaintiff alleges that since April 27, 2011, Defendants have been illegally deducting funds from his inmate account for legal copies and postage in violation of his due process and equal protection rights. (Doc. 33 ¶¶ 9, 12.) He also claims that the deductions from his inmate account are in violation of a consent decree approved in 1989 ("Walentukonis Consent Decree"). (Id. ¶ 10.) He further claims that he filed several grievances related to this claim, but they were all denied. (Id. ¶¶ 23-27.)
In addition, Plaintiff claims that Defendants have denied him access to the courts by failing to provide him with a law library area "that contains sufficient and adequate tables and seating arrangement to perform legal research and writing task." (Id. ¶ 35.) Further, he claims that Defendants are denying him access to "sufficient books, typewriters, [and] legal materials" in the existing law library. (Id. ¶ 36.)
In connection with these claims, Plaintiff alleges that all Defendants have conspired to violate his constitutional rights under the First, Fifth, and Fourteenth Amendments to the United States Constitution. (Id. ¶¶ 17, 32.) He also alleges that Defendants are retaliating against him for exercising his First Amendment rights. (Id. ¶ 37.)
With respect to the Walentukonis Consent Decree, in their motion to terminate the consent decree, Defendants assert the following. On September 12, 1989, in an action captioned Albert J. Walentukonis v. Robert Holland, 3:85-CV-00617 (M.D. Pa. 1989), the Honorable R. D. Herman approved a consent decree signed by the parties, (85-0617, Doc. 62). (Doc. 48 at 6.) The consent decree addressed issues related to the access to the courts for Franklin County Jail inmates. (Doc. 47-2, Ex. B, Walentukonis Consent Decree.) As stated in the consent decree,
The principal feature of the proposed Consent Decree is provisions requiring Franklin County to obtain a legal services contract with an attorney to assist inmates in the preparation and filing of civil rights actions, and petitions seeking post-conviction and federal habeas corpus relief. It also contains provisions governing the use and availability of notary services, writing materials, forms, and a small library. (Id. at 2.) Defendants assert that to this day, the Franklin County Jail:
(1) Provides the services of a contract attorney (Attorney Mahesh Rao has been the contract attorney since at least 2007) who, is available upon request, to assist inmates in the preparation of meaningful legal documents, including civil rights actions and federal habeas corpus petitions;
(2) Provides and maintains an adequate supply of post-conviction hearing petition forms, forms for filing a Complaint under § 1983, forms to proceed in forma pauperis and forms for filing habeas corpus petitions;
(3) Provides indigent inmates with free paper, pencils and envelopes (carbon paper is obsolete);
(4) Provides indigent inmates with reasonable free postage and reasonable free copies;
(5) Secures and maintains paper, pencils and envelopes in the Franklin County Jail commissary for purchasing by non-indigent inmates;
(6) Maintains and keeps up-to-date legal materials and resources (see list of books and materials available to inmates, Appendix of Exhibits, Exhibit "C") which may be checked out by inmates for a period of 3 days, with extensions granted upon availability; and
(7) Provides a mobile law library with internet access to the inmates (mobile law library is rotated between units such that each unit has access to the mobile law library once per week and, more often, upon request and availability).
(Doc. 48 at 17-18) (emphasis in original.)
B. Procedural History
Plaintiff initiated this action by filing a complaint on April 19, 2012. (Doc. 1.) On April 27, 2012, the court granted Plaintiff's motion to proceed in forma pauperis and directed service of the complaint. (Doc. 8.) On May 18, 2012, Plaintiff filed an amended complaint, (Doc. 20), and a second amended complaint on June 1, 2012, (Doc. 33). Defendants filed a motion to dismiss the second amended complaint on July 6, 2012. (Doc. 56.) Plaintiff filed a brief in opposition to the motion to dismiss on August 24, 2012. (Doc. 86.) Thus, the motion to dismiss is ripe for disposition.
Further, on May 7, 2012, Plaintiff filed a "motion for enforcement of proposed consent decree in the alternative motion for an order of contempt." (Doc. 11.) After receiving an extension of time, (see Doc. 42), Defendants responded to that motion on July 31, 2012, (Doc. 74). However, prior to filing their opposition brief, Defendants filed a motion to stay these proceedings and to terminate the Walentukonis Consent Decree. (Doc. 46.) On August 9, 2012, the court granted the motion to stay, pending a court ruling on the motion to terminate the Walentukonis Consent Decree. (Doc. 80.) On August 10, 2012, the court directed Plaintiff to respond to Defendants' motion to terminate the Walentukonis Consent Decree. (Doc. 82.) Thereafter, on August 24, 2012, along with his brief in opposition to the motion to dismiss, Plaintiff responded to Defendants' motion to terminate the Walentukonis Consent Decree. (Doc. 86.) Thus, that motion is also ripe for disposition.
II. Discussion
For purposes of discussion, the court will first address Defendants' motion to terminate the Walentukonis consent decree, followed by a discussion of the motion to dismiss the second amended complaint.
A. Motion to Terminate the Walentukonis Consent Decree
As stated above, Defendants have filed a motion to terminate the Walentukonis Consent Decree. (Doc. 46.) In the motion, Defendants argue that the court should terminate the consent decree pursuant to 18 U.S.C. § 3626(b)(2) (the "termination provision"), as amended by the Prison Litigation Reform Act of 1995 ("PLRA"), Pub. L. No. 104-134, 110 Stat. 1321 (1996).
The PLRA provides, in part, for the immediate termination of prospective relief in certain civil actions concerning prison conditions. 18 U.S.C. § 3626(b). Specifically, the PLRA provides that prospective relief granted prior to the enactment of the PLRA is terminable upon the motion of any party two years after the date of the PLRA's enactment. 18 U.S.C. § 3626(b)(1)(iii). Because the PLRA was enacted in 1996, the court may consider the instant motion to terminate the Wakentukonis Consent Decree.
Further, Section 3626(b) of the PLRA's termination provision provides the following with respect to immediate termination of prospective relief:
(2) Immediate termination of prospective relief. - - In any civil action with respect to prison conditions, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right.
(3) Limitation. - - Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current and ongoing violations of the Federal right, extends no further than necessary to correct the violation of the Federal right, and that the prospective relief is narrowly drawn and the least intrusive means to correct the violation.
18 U.S.C. § 3626(b)(2)-(3). This section also provides the following definitions:
(g) Definitions. - - As used in this section - -(1) the term "consent decree" means any relief entered by the court
that is based in whole or in part upon the consent or acquiescence of the parties but does not include private settlements;
(7) the term "prospective relief" means all relief other than compensatory monetary damages;
(9) the term "relief" means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements.
18 U.S.C. § 3626(g).
Under these terms set out in this section of the PLRA, to be subject to termination, the Walentukonis Consent Decree must satisfy two criteria. First, the consent decree must not contain the required finding that it "extends no further," and is the "least intrusive means necessary" . . . "to correct the violation of a Federal right." 18 U.S.C. § 3626(b)(2); see also Vazquez v. Carver, 18 F. Supp. 2d 503, 513 (E.D. Pa. 1998), aff'd, 181 F.3d 85 (3d Cir. 1999) (terminating a consent decree related to prison conditions upon a finding of no evidence of current and ongoing violations of the consent decree or any Federal rights). Second, there must be no "current and ongoing" violations of Federal rights to which the consent decree may be applied. 18 U.S.C. § 3626(b)(2); see also Vazquez, 18 F. Supp. 2d at 513.
In this case, as Defendants point out, at the time the parties entered into the Walentukonis Consent Decree, the issuing court did not make findings that the consent decree was narrowly drawn, extending no further than necessary to correct a violation of a Federal right, and was the least intrusive means to correct a violation of a Federal right. See Walentukonis v. Holland, 3:85-CV-00617 (M.D. Pa. 1989). Further, Defendants assert that in the 23-year history of the Walentukonis Consent Decree, there is no history or proof that the Franklin County Jail has ever prevented a single inmate from filing a civil rights lawsuit or submitting a petition for writ of habeas corpus, and that Plaintiff has not shown any such past or "current and ongoing" violations of Federal rights. (Doc. 48 at 19.) Further, there are no known actions involving an alleged violation of the Walentukonis Consent Decree prior to the initiation of Plaintiff's instant action. (Id. at 17.) Importantly, in his response to Defendants' motion to terminate the Walentukonis Consent Decree, Plaintiff expressly states that the consent decree is no longer applicable to the current prison conditions at Franklin County Jail. (Doc. 86 at 10.) Specifically, he states, "the Plaintiff concurrs [sic] with the Defendants in the instant case at bar that the Walentukonis Consent Decree is obsolete according to today's standards and current needs of the inmate's [sic] housed with Franklin County Jail." (Id.) However, Plaintiff does request that the court address his additional claims that Defendants have denied him his rights under the United States Constitution. (Id. at 10-11.) In light of Plaintiff's concurrence, and without knowledge of any other existing actions alleging a violation of the Walentukonis Consent Decree, the court will grant Defendants' motion to terminate the Walentukonis Consent Decree. The court will address Plaintiff's constitutional claims through disposition of Defendants' motion to dismiss the second amended complaint.
B. Motion to Dismiss the Second Amended Complaint
A plaintiff, in order to state a viable § 1983 claim, must plead two
essential elements: 1) that the conduct complained of was committed by
a person acting under color of state law, and 2) that said conduct
deprived the plaintiff of a right, privilege, or immunity secured by
the Constitution and laws of the United States. West v. Atkins, 487
U.S. 42, 48 (1988). A defendant's conduct must have a close causal
connection to plaintiff's injury in order for § 1983 liability to
attach. Martinez v. California, 444 U.S. 277, 285 (1980).*fn3
A prerequisite for a viable civil rights claim is that a
defendant directed, or knew of and acquiesced in, the deprivation of a
plaintiff's constitutional rights. Rode v. Dellarciprete, 845 F.2d
1195, 1207-08 (3d Cir. 1988).
Defendants have filed a motion to dismiss the second amended complaint contending that Plaintiff has failed to state any claims or causes of action for any of the purported constitutional violations or for civil conspiracy. Upon careful review, the court will grant the motion to dismiss.
1. Standard of Review
Among other requirements, a sound complaint must set forth "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). This statement must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). "Fair notice" in Rule 8(a)(2) "depends on the type of case -- some complaints will require at least some factual allegations to make out a showing that the pleader is entitled to relief." Phillips v. Cnty. of Allegheny, 515 F.3d 224, 232 (3d Cir. 2008) (quotation omitted). "[A] situation may arise where, at some point, the factual detail in a complaint is so undeveloped that it does not provide a defendant the type of notice of claim which is contemplated by Rule 8." Id. A plaintiff must provide "more than labels and conclusions" or "a formulaic recitation of the elements of a cause of action" to show entitlement to relief. Twombly, 550 U.S. at 555; accord, e.g., Phillips, 515 F.3d at 231-32; Baraka v. McGreevey, 481 F.3d 187, 195 (3d Cir. 2007) (the court is not "compelled to accept unsupported conclusions and unwarranted inferences or a legal conclusion couched as a factual allegation.") (quotations and citations omitted)); Evancho v. Fisher, 423 F.3d 347, 351 (3d Cir. 2005); see also Ashcroft v. Iqbal, -- U.S. --, 129 S. Ct. 1937, 1949 (2009) (recognizing that Rule 8 pleading standard "does not require 'detailed factual allegations,' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation") (quoting Twombly, 550 U.S. at 555).
A defendant may attack a complaint by a motion under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. In deciding a motion to dismiss under Rule 12(b)(6), the court is required to accept as true all of the factual allegations in the complaint, Erickson v. Pardus, 551 U.S. 89, 127 S. Ct. 2197, 2200 (2007), and all reasonable inferences permitted by the factual allegations, Watson v. Abington Twp., 478 F.3d 144, 150 (3d Cir. 2007), viewing them in the light most favorable to the plaintiff, Kanter v. Barella, 489 F.3d 170, 177 (3d Cir. 2007). Accord Phillips, 515 F.3d at 233. If the facts alleged are sufficient to "raise a right to relief above the speculative level" such that the plaintiff's claim is "plausible on its face," a complaint will survive a motion to dismiss. Twombly, 550 U.S. at 555, 570; Phillips, 515 F.3d at 234; Victaulic Co. v. Tieman, 499 F.3d 227, 234 (3d Cir. 2007); Stevenson v. Carroll, 495 F.3d 62, 66 (3d Cir. 2007). See Iqbal, 129 S. Ct. at 1949 (explaining a claim has "facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged"). Further, when a complaint contains well-pleaded factual allegations, "a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief." Id. at 1950. However, a court is "not bound to accept as true a legal conclusion couched as a factual allegation." Id. (quoting Twombly, 550 U.S. at 555). "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements do not suffice." Id. at 1949 (citing Twombly, 550 U.S. at 555).
"To decide a motion to dismiss, courts generally consider only the allegations contained in the complaint, exhibits attached to the complaint and matters of public record." Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993) (citations omitted); see also Sands v. McCormick, 502 F.3d 263, 268 (3d Cir. 2007). The court may consider "undisputedly authentic document[s] that a defendant attaches as an exhibit to a motion to dismiss if the plaintiff's claims are based on the [attached] document[s]." Pension Benefit, 998 F.2d at 1196. Additionally, "documents whose contents are alleged in the complaint and whose authenticity no party questions, but which are not physically attached to the pleading, may be considered." Pryor v. Nat'l Collegiate Athletic Ass'n, 288 F.3d 548, 560 (3d Cir. 2002) (citation omitted); see also U.S. Express Lines, Ltd. v Higgins, 281 F.3d 383, 388 (3d Cir. 2002) ("Although a district court may not consider matters extraneous to the pleadings, a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss into one for summary judgment.") (internal quotation omitted). However, the court may not rely on other parts of the record in making its decision. Jordan v. Fox, Rothschild, O'Brien & Frankel, 20 F.3d 1250, 1261 (3d Cir. 1994).
When presented with a pro se complaint, the court should construe the complaint liberally and draw fair inferences from what is not alleged as well as from what is alleged. Dluhos v. Strasberg, 321 F.3d 365, 369 (3d Cir. 2003); Youse v. Carlucci, 867 F. Supp. 317, 318 (E.D. Pa. 1994). Such a complaint "must be held to less stringent standards than formal pleadings drafted by lawyers." Erickson, 127 S. Ct. at 2200 (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)).
Finally, in the Third Circuit, a court must grant leave to amend before dismissing a civil rights complaint that is merely deficient. See, e.g., Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc., 482 F.3d 247, 252 (3d Cir. 2007); Weston v. Pennsylvania, 251 F.3d 420, 428 (3d Cir. 2001); Shane v. Fauver, 213 F.3d 113, 116 (3d Cir. 2000). "Dismissal without leave to amend is justified only on the grounds of bad faith, undue delay, prejudice, or futility." Alston v. Parker, 363 F.3d 229, 236 (3d Cir. 2004).
2. Deductions from Inmate Account
Plaintiff alleges that since April 27, 2011, Defendants have been illegally deducting funds from his inmate account for legal copies and postage. (Doc. 33 ¶¶ 9, 12.) He also makes a complaint with respect to the grievance procedure as it relates to this claim. The court will discuss these issues in turn.
i. Illegal Deductions from Inmate Account
This claim is subject to dismissal for failure to state a claim. A claim that state officials have deprived a prisoner of personal property does not state a recognizable § 1983 action. See Rossiter v. Andrews, Civ. No. 96-6257, 1997 WL 137195, at *4 (E.D. Pa. Mar. 25, 1997). As the United States Supreme Court has stated: "the existence of an adequate state remedy to redress property damage inflicted by state officers avoids the conclusion that there has been any constitutional deprivation of property without due process of law within the meaning of the Fourteenth Amendment." Parratt v. Taylor, 451 U.S. 527, 542 (1981) (quoting Bonner v. Coughlin, 517 F.2d 1311, 1319 (7th Cir. 1975)). Further, it is not relevant whether the alleged loss of the inmate's property occurred as the result of negligent or intentional conduct. Hudson v. Palmer, 468 U.S. 517, 533 (1984). In this case, Plaintiff alleges that Defendants knowingly deducted money from his account for copies and postage which purportedly he believes should have been given to him free of charge.
The Rossiter court stated:
Pennsylvania does provide an adequate remedy for inmates whose property has been lost, stolen, or destroyed by prison officials. Inmate grievance procedures, as well [as] the Political Subdivision Tort Claims Act, 42 Pa. Cons. Stat. Ann. § 8541-8546, are available to plaintiff, and provide him with adequate post-deprivation remedies. See Iseley v. Horn, 1996 WL 510090 (E.D. Pa.); Rambert v. Durant, 1996 WL 253322 (E.D. Pa.); Ramos v. Vaughn, 1995 WL 386573 (E.D. Pa.), aff'd,85 F.3d 612 (3d Cir. 1996) (finding Pennsylvania inmate grievance procedures to be a meaningful post-deprivation remedy for the loss of property by a corrections officer); see also Murray v. Martin, 720 F. Supp. 65 (E.D. Pa. 1989) (noting that a prisoner alleging the intentional theft of his property by a corrections officers may pursue a civil damage action pursuant to the Political Subdivision Tort Claims Act).
Rossiter, 1997 WL 137195, at *4. This same conclusion has been reached by courts in other states in which the state Department of Corrections has a policy regarding inmates' claims for lost or damaged property by prison officials. See Hubenthal v. Cnty. of Winona, 751 F.2d 243, 246 (8th Cir. 1984) (holding that even unauthorized deprivation of property by state officials does not violate due process requirements if a meaningful post-deprivation remedy is available through Minnesota Department of Corrections policy); see also Simpson v. Hvass, 36 F. App'x 221, 222 (8th Cir. 2002) (same).
Following this case law, Plaintiff has failed to state a viable § 1983 claim with respect to the alleged "illegal" deduction or loss of funds from his prison account. See Atwell v. Lavan, 557 F. Supp. 2d 532, 555 (M.D. Pa. 2008) (finding plaintiff has not alleged a viable § 1983 claim with respect to illegal deductions from his prison account); Williams v. Lightcap, Civ. No. 1:07-CV-637, 2007 WL 2173391, at *9-10 (M.D. Pa. July 27, 2007) (same).
Moreover, to the extent that Plaintiff is claiming that he was deprived of his First Amendment right to access to the courts since he was not given subsidized copies and postage, he fails to state a claim. While it is noted that "prisoners have a constitutional right of access to the courts," Bounds v. Smith, 430 U.S. 817, 821 (1977), in order to state a claim for denial of this right, Plaintiff must plead that he has suffered an "actual injury" arising from the challenged conduct of defendants. See Lewis v. Casey, 518 U.S. 343, 349-50 (1996). In their brief in support of the instant motion, Defendants argue that Plaintiff has proven that he has access to the courts by virtue of the sheer number of filings he has made in the captioned case. (See Doc. 57 at 10.) The court agrees, and further finds that Plaintiff has failed to provide any details regarding a date or case which would demonstrate "actual injury" with specificity. See Oliver v. Fauver, 118 F.3d 175, 178 (3d Cir. 1997) (no actual injury due to interference with legal mail); Robinson v. Ridge, 996 F. Supp. 447, 450 (E.D. Pa. 1997) (no actual injury from loss of legal documents)). In his brief in opposition to the instant motion, Plaintiff does not cite to any specific instance in which his access to the courts has been hindered. Instead, he references "pending cases in other states such as Florida, Maryland, West Virginia, Virginia, New York, New Jersey, [and] Delaware." (Doc. 86 at 5.) However, in making this assertion, Plaintiff is referring not only to himself, but also to other inmates at Franklin County Jail. (See id.) In fact, nearly all of his arguments in opposition to Defendants' motion to dismiss relate to other inmates, and not to himself.*fn4 (See id. at 4-8.) Nevertheless, from a review of the docket in this case, it appears that Plaintiff has either been able to timely file documents or request extensions of time in which to do so. Therefore, the court concludes that Plaintiff has failed to assert an access to the courts claim with respect to denial of subsidized copies and postage.*fn5 Defendants' motion to dismiss will be granted with respect to this claim.
ii. Grievance Procedure
Plaintiff also takes issue with the grievance procedure at Franklin County Jail, or more specifically, the fact that prison officials denied his grievances. Although an inmate has a constitutional right to file a grievance, Robinson v. Taylor, 204 F. App'x 155, 157 (3d Cir. 2006) (non precedential), he does not have a constitutionally protected right to a grievance procedure, Jones v. N.C. Prisoners' Labor Union, Inc., 433 U.S. 119, 137-38 (1977); Speight v. Sims, 283 F. App'x 880, 881 (3d Cir. 2008) (citing Massey v. Helman, 259 F.3d 641, 647 (7th Cir. 2001) ("[T]he existence of a prison grievance procedure confers no liberty interest on a prisoner.")). Nor does the existence of a grievance procedure confer upon prison inmates any substantive constitutional rights. Hoover v. Watson, 886 F. Supp. 410, 418-19 (D. Del.), aff'd, 74 F.3d 1226 (3d Cir. 1995).
In addition, an inmate has no federally protected liberty interest in having grievances resolved in his favor or to his satisfaction. See Tabb v. Hannah, Civ. No. 1:10-CV-1122, 2012 WL 3113856, at *5 (M.D. Pa. July 30, 2012). Stated otherwise, a prison official's failure to agree with an inmate's allegations, or take specific action requested by a prisoner, does not, without more, indicate unconstitutional conduct by those who respond to the grievance. See Alexander v. Forr, Civ. No. 3:04-CV-0370, 2006 WL 2796412, at *19-20 (M.D. Pa. Sept. 27, 2006); see also Pryor-El v. Kelly, 892 F. Supp. 261, 275 (D.D.C. 1995) ("Because a prison grievance procedure does not confer any substantive constitutional right upon prison inmates, prison officials' failure to comply with the grievance procedure is not actionable.").
Pursuant to this well-settled case law, Plaintiff's claim relating to the denial of his grievances regarding his claims presented in the second amended complaint fails to state a claim. Defendants' motion to dismiss on this claim will be granted.
3. Access to the Courts
Plaintiff also claims that the Franklin County Jail's law library lacks sufficient legal research materials and contains inadequate typewriters, tables and seating arrangements. In their motion to dismiss, Defendants argue that Plaintiff has failed to state an access to the courts claim. Upon review, the court agrees with Defendants and will grant the motion to dismiss as to this claim.
The United States Supreme Court has held that "the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law." Bounds v. Smith, 430 U.S. 817, 828 (1977). In a later case, the Court paid particular attention to the requirement that an inmate alleging a violation of Bounds must show an actual injury and noted that "[a]lthough Bounds itself made no mention of an actual-injury requirement, it can hardly be thought to have eliminated that constitutional prerequisite." Lewis v. Casey, 518 U.S. 343, 351 (1996). This requirement "derives ultimately from the doctrine of standing, a constitutional principle that prevents courts of law from undertaking tasks assigned to the political branches." Id. at 349.
It is for the courts to remedy past or imminent official interference with individual inmates' presentation of claims to the courts; it is for the political branches of the State and Federal Governments to manage prisons in such fashion that official interference with the presentation of claims will not occur. Of course, the two roles briefly and partially coincide when a court, in granting relief against actual harm that has been suffered, or that will imminently be suffered, by a particular individual or class of individuals, order the alteration of an institutional organization or procedure that causes the harm.
Id. at 349-50. This distinction would, however, be obliterated if no actual or imminent harm were needed to invoke the intervention of the federal courts. Id. at 350.
Here, in his second amended complaint Plaintiff avers that the Franklin County Jail's law library lacks sufficient tables and seating arrangements for performing legal research and writing. He also states that the library does not contain sufficient typewriters, books, and other legal materials which he can access for a "reasonable time." (Doc. 33 ¶ 36.) However, "[b]ecause Bounds did not create an abstract, freestanding right to a law library or legal assistance, an inmate cannot establish relevant actual injury simply by establishing that the prison's law library or legal assistance program is subpar in some theoretical sense." Lewis, 518 U.S. at 351. In his opposition to the instant motion to dismiss, Plaintiff argues that the conditions of the law library are preventing him from "effectively and adequately" conducting "proper legal research,"*fn6 but he does not contend that he has been denied the chance to pursue his claims in court. As the Court in Lewis stated, "meaningful access to the courts is the touchstone" of the right vindicated in Bounds. Id. "[T]he inmate therefore must go one step further and demonstrate that the alleged shortcomings in the library hindered his efforts to pursue a legal claim." Id.
He might show, for example, that a complaint he prepared was dismissed for failure to satisfy some technical requirement which, because of deficiencies in the prison's legal assistance facilities, he could not have known. Or that he had suffered arguable actionable harm that he wished to bring before the courts, but was so stymied by inadequacies of the law library that he was unable even to file a complaint.
Id. at 351. Furthermore, "the injury requirement is not satisfied by just any type of frustrated legal claim." Id. at 354. "The tools [Bounds] requires to be provided are those that the inmates need in order to attack their sentences, directly or collaterally, and in order to challenge the conditions of their confinement." Id. at 355.
In this case, Plaintiff has submitted not only a complaint and a motion for leave to proceed in forma pauperis in satisfaction of the court's pro se filing requirements, but since initiating this action has also submitted two subsequent amended complaints and at least twenty or more motions or other filings. In addition, the court cannot discern any evidence that the Plaintiff's ability to access this or other courts has been denied or placed in any immediate jeopardy by prison officials or library personnel. Without the presence or immediate threat of an actual injury to Plaintiff's right to access the courts, Plaintiff has failed to state a claim of a violation of his right of access to the courts. Therefore, Defendants' motion to dismiss as to this claim will be granted.
4. Conspiracy
In his second amended complaint, Plaintiff also makes a blanket allegation of conspiracy on the part of Defendants. In turn, in their motion to dismiss, Defendants argue that Plaintiff's conspiracy claim should be dismissed because his allegations of conspiracy are insufficient to establish a claim. Upon review, the court agrees with Defendants and will grant the motion to dismiss as to this claim.
In order to set forth a cognizable conspiracy claim, a plaintiff cannot rely on broad or conclusory allegations. D.R. by L.R. v. Middle Bucks Area Vocational Technical Sch., 972 F.2d 1364, 1377 (3d Cir. 1992); Rose v. Bartle, 871 F.2d 331, 366 (3d Cir. 1989); Durre v. Dempsey, 869 F.2d 543, 545 (10th Cir. 1989). The Third Circuit has noted that a civil rights conspiracy claim is sufficiently alleged if the complaint details the following: (1) the conduct that violated the plaintiff's rights, (2) the time and the place of the conduct, and (3) the identity of the officials responsible for the conduct. Oatess v. Sobolevitch, 914 F.2d 428, 432 n.8 (3d Cir. 1990); see also Colburn v. Upper Darby Twp., 838 F.2d 663 (3d Cir. 1988).
The essence of a conspiracy claim is an agreement or concerted action between individuals. See D.R. by L.R., 972 F.2d at 1377; Durre, 869 F.2d at 545. A plaintiff must therefore allege with particularity and present material facts which show that the purported conspirators reached some understanding or agreement or plotted, planned and conspired together to deprive the plaintiff of a protected federal right. See D.R. by L.R., 972 F.2d at 1377; Rose, 871 F.2d at 366. Where a civil rights conspiracy is alleged, there must be specific facts in the complaint which tend to show a meeting of the minds and some type of concerted activity. Deck v. Leftridge, 771 F.2d 1168, 1170 (8th Cir. 1985). A plaintiff cannot rely on subjective suspicions and unsupported speculation. Young v. Kann, 926 F.2d 1396, 1405 n.16 (3d Cir. 1991).
Viewing the amended complaint in a light most favorable to Plaintiff, the court finds that there are simply no allegations in the second amended complaint to support a plan or agreement of the Defendants to conspire or engage in a corrupt plot to violate Plaintiff's civil rights. The court therefore rejects any of Plaintiff's factual contentions as clearly baseless. See Young, 926 F.2d at 1405 n.16 (finding that conspiracy claims which are based upon pro se plaintiff's subjective suspicions and unsupported speculation properly dismissed under § 1915(d)). The allegations in the second amended complaint are vague and conclusory and do not present a cognizable § 1983 conspiracy claim. Accordingly, Defendants' motion to dismiss will be granted as to this claim.
5. Retaliation
In his second amended complaint, Plaintiff asserts that Defendants retaliated against him "for the exercise of his constitutional rights under the 1st Amendment." (Doc. 33 ¶ 37.) In their motion to dismiss, Defendants argue that Plaintiff has failed to state a claim. Upon review, the court agrees with Defendants and will grant the motion to dismiss as to this claim.
The First Amendment offers protection for a wide variety of expressive activities, including speech, exercise of religion, and access to the courts. See U.S. Const. amend. I. These rights are lessened, but not extinguished, in the prison context, where legitimate penological interests must be considered in assessing the constitutionality of official conduct. See Turner v. Safley, 482 U.S. 78, 89 (1987).
No less than prior restraints on speech, subsequent retaliation for the expressive activities can infringe upon an individual's rights under the First Amendment. See Allah v. Seiverling, 229 F.3d 220, 224-25 (3d Cir. 2000). Individuals claiming unconstitutional retaliation must show (1) that they engaged in conduct protected by the First Amendment, (2) that they suffered an "adverse action" by government officials, and (3) that impairment of the expressive conduct was "a substantial or motivating factor" for the official action. Rauser v. Horn, 241 F.3d 330, 333 (3d Cir. 2001); Briener v. Litwhiler, 245 F. Supp. 2d 614, 632 (M.D. Pa. 2003).
Here, in his assertion of a claim for retaliation, Plaintiff fails to set forth any allegation that he was engaged in protected conduct.*fn7 Assuming that Plaintiff is claiming that he was engaged in the protected conduct of filing a lawsuit and grievances, the court recognizes that such conduct clearly falls within the ambit of the First Amendment. See, e.g., Lewis, 518 U.S. at 350 (recognizing indigent prisoners have constitutional right of access to the courts); Booth v. King, 346 F. Supp. 2d 751, 762 (E.D. Pa. 2004) (recognizing the filing of grievances is protected under the First Amendment right to petition the government for redress of grievances). Thus, Plaintiff has met the first requirement of a retaliation claim.
However, Plaintiff has failed to establish any actions on the part of Defendants taken in retaliation for this conduct. Specifically, Plaintiff must demonstrate that he "suffered some 'adverse action' at the hands of prison officials." Rauser, 241 F.3d at 333 (quoting Allah v. Seiverling, 229 F.3d 220, 225 (3d Cir. 2000)). This requirement is satisfied by showing adverse action "sufficient 'to deter a person of ordinary firmness' from exercising his First Amendment rights." (Id.) (quoting Suppon v. Dadonna, 203 F.3d 228, 235 (3d Cir. 2000)). From a reading of his second amended complaint, Plaintiff clearly was able to file grievances and has been able to litigate the instant action. He has not alleged that Defendants took any retaliatory actions against him for filing grievances or for filing this lawsuit. Moreover, as found above by the court, Plaintiff has failed to establish an access to the courts claim, the very basis on which he claims retaliation. Therefore, because Plaintiff cannot demonstrate that he has suffered any adverse action at the hands of Defendants, Plaintiff has failed to establish a claim of retaliation. The motion to dismiss will be granted as to this claim.
6. Amended Complaint
Plaintiff has also filed a motion to amend/correct his amended complaint, along with an attached proposed third amended complaint. (Doc. 62.) Because the essential allegations of the second amended complaint fail to state any constitutional claims, further amendment would be futile, and therefore, dismissal of the complaint will be with prejudice. Therefore, Plaintiff's motion to amend/correct his second amended complaint will be denied.
III. Conclusion
For the reasons set forth herein, Defendants' motion to terminate the Walentukonis Consent Decree will be granted. Further, Defendants' motion to dismiss as to Plaintiff's claims relating to deductions from his inmate account, of access to the courts, conspiracy, and retaliation will be granted. As Plaintiff has failed to establish any constitutional claims, Plaintiff's motion to amend/correct his second amended complaint will be denied.
An appropriate order will issue.
Sylvia H. Rambo United States District Judge
DAVID F. KELLY BEY, Plaintiff : v. : DANIEL S. KEEN, et al., Defendants
(Judge Rambo)
For the reasons set forth in the accompanying memorandum, IT IS HEREBY ORDERED THAT:
1) The motion to terminate the Walentukonis Consent Decree (Doc. 46) is GRANTED. The Walentukonis Consent Decree is hereby TERMINATED, effective immediately.
2) The motion for "enforcement of proposed consent decree in the alternative motion for an order of contempt" (Doc. 11) is DEEMED MOOT.
3) The motion to dismiss (Doc. 56) is GRANTED.
4) The motions to compel (Doc. 59 & 76) are DEEMED MOOT.
5) The motion to amend/correct the second amended complaint (Doc. 62) is DENIED.
6) The Clerk of Court is directed to CLOSE this case.
7) Any appeal taken from this order will be deemed frivolous, without probable cause, and not taken in good faith. See 28 U.S.C. § 1915(a)(3).
Dated: October 18, 2012.
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Wikipedia:Wikipedia Signpost/2012-12-03/News and notes
Wiki Loves Monuments announces 2012 winner
Photo of Tomb of Safdarjung wins monument contest
The global jury of Wiki Loves Monuments (WLM), the world's largest photo contest, announced its results on 3 December.
The contest, held in September in 35 countries across the globe, dwarfed the quantitative results of its European predecessor of 2011, with more than 350,000 submissions this year against 168,000 last round. However, European countries still dominated; Poland led the field with more than 51,400 files. Spain, which had an early lead thanks to submissions from Catalonia, came second, with 39,500 files, before Germany with 34,000 and Ukraine with 33,000. France made the fifth place with 27,000. The first non-European country in the quantitative ranking is the US on the sixth place. While volunteer coordinator Smallbones had hoped for 50,000 submissions in September, the US community managed to upload only 22,000 in the framework of the contest.
The global jury considered 324 submissions that had scored highly in 33 earlier national contests. The winning submission is from India and shows the tomb of a prominent 18th-century official, Safdarjung. Safdarjung was born as Muhammad Muqim in a region of historic Persia (today's Iran) and later immigrated to the Indian Mughal Empire, where he became an influential court politician and prime minister to Muhammad Shah. His tomb, the last symbol of late imperial architecture, was constructed in 1753–54 by his son, Shuja-ud-Daula. The dynasty Safdarjung served fell in the year the monument was finished: Imad-ul-Mulk—a nobleman the courtier had promoted in the past—overturned, imprisoned, and blinded Muhammad Shah's son and successor, the weak Emperor Ahmad Shah Bahadur, in June 1754 after defeating Safdarjung, who died soon after, aged 46.
The second and third places came from Spain and the Philippines, respectively; thus two of the three leading submissions came from beyond the scope of last year's European-only contest. In wider qualitative terms, more than 1,500 photos uploaded as part of the competition have been promoted to "quality" files on Commons. 30 have been promoted to "valued" status, and 35 to featured status.
While no new detailed participation statistical analysis has been published so far, the three winning accounts made their first significant contribution to the projects by taking part in the photo contest. Last year, some 70% of the 5000 participants made their first edit during the competition month. Statistics on the upload distribution have been published on the Toolserver. WLM 2012, which explicitly aimed at increasing the participation of new users in Wikipedia and Commons, provided new software tools to minimize barriers to competition.
However, the jury could not reach the winner, Pranav Singh. Because he did not confirm his contact data, the prize—a trip to the upcoming Wikimania in Hong Kong in 2013—was given to David Corral Gadea, the second-ranked photographer.
In brief
- Franamax: The Signpost sadly reports that long-time Wikipedian Franamax died at the age of 51 on Sunday 25 November. Francis, who was born in Ontario and moved to Vancouver six years ago, joined the English Wikipedia in August 2007. More than 60 editors have left condolences on his talk page, and a short obituary has been published online. We give our best wishes to all who knew him.
- Fundraising controversy: The yearly controversy over the design of the fundraising banners, which this year have come in the form of a bright yellow expandable bar on the top of all Wikipedia pages, is currently playing out over the mailing lists. Much of the ire is reserved for when the banners expand, as they expand over article text when a mouse simply scrolls over them. These banners, though, are currently only being shown to new visitors; they will be shown to everyone again starting on 26 December.
- Arbitration elections: The English Wikipedia's Arbitration Committee elections are currently open, and will remain so until 10 December. There are currently 21 candidates for eight vacant seats.
- Creative Commons comes of age: Creative Commons licenses, which power Wikipedia and the other Wikimedia projects, turns 10 on December 16. The Creative Commons foundation, the NPO developing and promoting the licenses, will be hosting a number of events around the globe this month.
- MediaWiki gender outreach: Until Friday, interested community members can select their preferred candidates for a new MediaWiki outreach program aiming to increase participation by women in the tech community.
- Wikimania scholarship committee: The committee in charge of awarding scholarships for the upcoming Wikimania has published a call for reviewer participation.
- Finance committee recommendations approved: The WMF Board of Trustees has voted in favor of the FDC's recommendations and requested that the WMF staff implement them appropriately.
A small comment (nice story :) ): to the best of my knowledge GLAM institutions didn't submit images. You are perhaps confusing images /of/ GLAM institutions that are also a monument (which is a special category this year) and images /by/ GLAM institutions? effeietsanders 19:11, 5 December 2012 (UTC)
- Those looking for a mention of this in the story will not see that, at the moment: The related text has been commented out. -- John Broughton (♫♫) 22:36, 5 December 2012 (UTC)
It's unfortunate such a great image is constrained into a 180px by 180px thumbnail in a gallery. I suspect most readers will not notice the photo's quality, unless clicked on, which very few will do. Maybe there could be a larger image preview when hovering over an image in a gallery. As it stands now, nobody will be clicking on a 10 images in a gallery. It might be even better to have an Images tab, next to Read/Edit. Just some thoughts. Tomb of Safdarjung. 220.127.116.11 (talk) 17:05, 6 December 2012 (UTC)
- It is sad indeed. However, for the article I do understand it - the article is about the tomb as a whole and not just this small part of it. But when someone writes about the chamber it should get a larger preview. effeietsanders 18:18, 6 December 2012 (UTC)
- Perhaps few people would click on all images in a gallery, but not nobody; there are compulsive clickers like me who would. (Which is why I have about 250 tabs open in my browser. Seriously. The situation is more than a bit problematic.) Waltham, The Duke of 18:47, 7 December 2012 (UTC)


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This Penguin paperback contains three Maigret novels:
Maigret and Monsieur Charles 1972
The Disappearance of Odile 1971
The Cat 1967
All written relatively late in Simenon's career.
Maigret and Monsieur Charles 1972
The Disappearance of Odile 1971
The Cat 1967
All written relatively late in Simenon's career.
Simenon was one of the most prolific writers of the twentieth century, capable of writing 60 to 80 pages per day. His oeuvre includes nearly 200 novels, over 150 novellas, several autobiographical works, numerous articles, and scores of pulp novels written under more than two dozen pseudonyms. Altogether, about 550 million copies of his works have been printed.More about Georges Simenon...
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APPEAL from the Circuit Court of Cook County; the Hon. ABRAHAM
W. BRUSSELL, Judge, presiding.
Rose Kogut, who had been employed for 25 years as a bookkeeper for the beer distributing business operated and owned by her husband, John Kogut, and his partner, Howard Sugrue, doing business as Kogut Brothers, filed an application under the Workmen's Compensation Act and a separate application under the Workmen's Occupational Diseases Act for compensation. Ill. Rev. Stat. 1963, chap. 48, par. 172.36 et seq.
The application under the Workmen's Compensation Act was for an alleged injury occurring January 18, 1960. The application under the Occupational Diseases Act claimed compensation for an alleged occupational disease alleging carbon monoxide poisoning with severe anemia and cardiac disability with approximate date of disablement as of January 18, 1960.
Both claims were heard together by the arbitrator. The arbitrator entered a decision on the compensation claim that the right to recovery was under the Occupational Diseases Act. On the same date, the arbitrator on the Occupational Diseases Act claim held that petitioner was entitled to recover for a disablement resulting from occupational disease and awarded her total and permanent disability of 72 weeks, finding her annual earnings to be $2,080, with average weekly wage of $40. Credit was given the employer for payments of $2880 and the employer was found liable for medical of $2,177.40.
The employee appealed from the workmen's compensation decision and the employer from the occupational disease decision. The only additional evidence on the appeals was that of Dr. Kondratowicz, who had examined the employee 2 years and 9 months after her collapse at work. The Industrial Commission confirmed the arbitrator's decision denying compensation based upon the alleged accidental injury. The occupational disease award was reversed, the Commission finding "that Petitioner did not sustain an occupational disease as a result of her employment." The circuit court of Cook County affirmed the decisions of the Industrial Commission.
The employee, Rose Kogut, appeals, contending that an injury and disability occurred to her in the course of her employment resulting from carbon monoxide gas from automobiles and that there was ample evidence to support the arbitrator's award, which evidence formed a proper basis for the court to make an award since the decision of the Industrial Commission was against the manifest weight of the evidence.
For some time prior to January 18, 1960, while working in the combination warehouse, garage and office which was a structure 100' X 65', heated by oil heat, the claimant would become nauseated, get a blotchy skin and a hacking cough and become weak. In the cold months of the year, the trucks of the employer would be started up in the building. By opening the door and getting fresh air, the conditions would be alleviated.
On January 18, 1960, the employer came into the office at about 3:30 P.M. and found his wife collapsed over her desk. She was rushed to Dr. Lally in Blue Island, Illinois, and was then hospitalized. The doctor reported as his final diagnosis that she had anemia due to carbon monoxide poisoning, hiatus hernia, cardiac enlargement and ischemia. She was given transfusions and medicines to build up her red blood count and hemoglobin. She was hospitalized again January 6, 1962, when similar conditions, but more severe, were found. The doctor gave his opinion that the exhaust motor fumes or carbon monoxide would aggravate the hiatus hernia and ulcer and the inhalation would bring the blood down below par.
The employer reported the incident of January 18, 1960, to the American Casualty Co. which insured the employer for workmen's compensation and occupational disease. The insurance company sent out two engineers who reported they found excess carbon monoxide and recommended obtaining fans for ventilation.
On the appeal to the Industrial Commission, Dr. Kondratowicz testified he examined the claimant on September 27, 1963, and found an anemia which in his opinion was an iron deficiency. He stated that the findings and symptoms of carbon monoxide poisoning and iron deficiency anemia are very similar; that iron deficiency anemia means lack of oxygen carrying hemoglobin and that is what carbon monoxide does. He did not take an electrocardiogram and therefore he did not know whether she had an ischemia of the heart. He stated that he found no symptoms or sign manifestations that he could attribute to carbon monoxide poisoning.
This court has held repeatedly that it will not substitute its judgment for that of the Industrial Commission unless the latter's findings are against the manifest weight of the evidence. Republic Steel Corp. v. Industrial Com. 26 Ill.2d 32; Calihan & Co. v. Industrial Com. 32 Ill.2d 132; Beck v. Industrial Com. 32 Ill.2d 148; Nollau Nurseries, Inc. v. Industrial Com. 32 Ill.2d 190, and Lindsay-Schaub Newspapers, Inc. v. Industrial Com. 32 Ill.2d 356.
Further, it is the established rule that on a review hearing the Industrial Commission, regardless of whether additional evidence is introduced, exercises original jurisdiction and is not bound by the findings of the arbitrator. Rodriguez v. Industrial Com., 371 Ill. 590; Garbowicz v. Industrial Com., 373 Ill. 268; Neumann v. Industrial Com., 396 Ill. 224.
The record in this case amply supports the decision of the Industrial Commission in denying the award and we cannot say it is against the manifest weight of the evidence. Based upon the medical evidence and the reasonable inferences and conclusions deducible therefrom, the findings of the Commission are well within the permissible limits of the well-established rules. The determination of where the preponderance lies between conflicting medical evidence is preeminently a function of the Commission. We perceive no reversible error.
In our view of the case the determination of the additional point raised by appellee, that a wife cannot as an employee of her husband maintain an action against him for compensation under the Workmen's Compensation Act or the Workmen's Occupational Diseases Act, is not necessary.
Finding no reversible error in the decision of the Industrial Commission or the judgment of the circuit court affirming that decision, the judgment will be affirmed.
Judgment affirmed.
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Ever wonder if other practices experience the same coding dilemmas that you encounter? Are you new to obstetrics or unsure of the nuances of this specialty? This presentation discusses coding scenarios, common coding errors, and potential reasons for denials. We will look at some difficult coding scenarios with case studies for added OB/GYN know-how.
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Taking up the Retail Online Training under the SAP's course is very beneficial for industrial progress. SAP IS Retail is the Sap's module that professionals prefer to use as it helps in handling of real-life challenges in the retail sector. It is superior industry-specific suite/applicatiread more..
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The Rotary Club of Lisburn mourns the loss of PP and Paul Harris Fellow John McIlroy
John McIlroy joined the Rotary Club of Lisburn in 2003 proposed by another dedicated Rotarian,sadly no longer with us,PP Brian Burke. John immediately became an enthusiastic Rotarian and was soon Chairman of the International Committee. He travelled to Guatemala with a group from Habitat for Humanity to help building homes for under priviliged locals.
In 2007 he became Second Vice President leading up to his year as President in 2009/10.He lead a very successful year culminating in a wonderful Presidents at Home in his beautiful house hosted by his wife Hazel.
He also later travelled to Uganda with Fields of Life again helping build a school for local children.
John was a keen and comptetive golfer and many times took part in the RIBI Golf at St Andrews, gaining selection to the Irish team on several occasions. He was also involved in the first years of Rotary Club of Lisburn Invitational Golf Day which is now in its 8th year,having raised large amounts for charities.He could always be relied upon to produce a number of fourballs and sponsors for this event .John was always generous in his support golf events,all you needed to do was ask.
He had battled Cancer bravely over two years and in June this year he organised a superb Golf Day and Gala Dinner at Malone Golf Club (his home club) raising a large amount of money for Cancer Charities.
The Club was delighted to honour him making a Paul Harris fellow in June this year 2016. He was delighted with this honour.
John was an Architect and a successful property developer but the most important thing to him was his family.Hazel his wife,Gareth his son and Andrea his daughter however had to take a back seat when it came to his grandchildren.
John will be terribly missed in Rotary where he did so much and was never afraid to speak his mind.The club members extend their sympathy to Hazel, Gareth,Andrea and all the family
8th Invitational Golf day raises over £20000 for Charities
The 8th Rotary Club of Lisburn Invitational Golf Day,raising fund for Charities we support,took place in fine weather on Thursday 8th September. The event was again well supported with some 22 fourballs competing over 18 holes after a shotgun start.Players were treated to coffee and bacon rolls before setting off with goody bags supplied by PRM to provide sustenance during the round.
After the golf the Lisburn Golf Club Caterer provided an excellent meal. Gene Fitzpatrick was again our superb host for the evening. Firstly we had a short talk from the representatives of the Charites we were donating to,The Cancer Fund for Children and the Stroke Association. Gene then conducted the auction,in his usual encouraging and humourous style.this was followed by the presentation of prizes.
The smooth running of the day was a credit to Alan Moore and his team and other Rotarians who helped on the day.Thanks are also due to all our sponsors and teams who together allowed the club to raise over £20000 for the Charities.
8th Invitational golf day
Illegals (Eagles)Tribute Band
International Committee BBQ
Rotarian Helen Coulter Climbs Kilimanjaro
Helen Coulter Treasurer of The Rotary Club of Lisburn has returned after successfully ascending Africa's highest mountain, Kilimanjaro in Tanzania, in August 2016
Helen travelled firstly to Uganda to view Fields of Life project swhich the club had sponsored a few years ago. She then travelled to Tanzania and succesfully completed the ascent to the peak of Kilimanjaro .Many hours of practising climbimg Slieve Donard were spent in training for the climb
The Club is very pleased to have been able to support her and Fields of Life and very proud of her achievement
Certificates for long membership of Rotary
President Donald presented certifcates to members of the Rotary Club of Lisburn who have been members for 30,35 and 40 Years, at the Club Meeting on Friday 25th August.
PP Liam McCartney(30 years) ,President Donald,RobinHolliday(30 Years),Finny O'Sullivan(40 Years),Brian Huey(40 Years),PP Stephen Gilbert(30 Years),PP David McMeekin(35 Years),
Seated PP Sam Creighton(40 Years) Newest Rotarian Gill Totten
Not present PP Robin Kirk(40 years) and AlanHall(40years)
Purple 4 Polio Coffee Morning
Thanks to Trevor and Janice Stewart for hosting a coffee morning with scones,tray bakes with coffee freshly brewed in Johnsons caravan. Aorund £500 was raised by donations from those who enjoyed great hospitality.
President Donald installed for Year 2016/17
President Gary concluded a very succesful year and handed over the Presidential chain to incoming President Donald Minshull at the July friday meeting.
Partners Lunch
On Sunday 15th May Lisburn Rotarians and their partners and guests enjoyed a pre lunch drinks reception in Oasis travel in Holywood and then moved on to Fontana Restaurant for Lunch with musical entertainment provided by Finbar Keaveney.some
It was a superbly organised bu PP Sandra and her social committee with good food and the singing of Finbar even manged to get this not so young group joining in enthusiastically.
It was a delight that Edith Burke, Ethna Brogan and Cherry Guy , widows of three wonderful Rotarians were able to join us.
Photos of the Lunch can be viewed on Gallery or on Rotary Club of Lisburn facebook page availible through link on menu on right side of the website page.


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CMED conference puts youth and entrepreneurship at the center of economic development
May 14, 2014. CMED Director Steven Spiegel gives closing remarks at the CMED conference in Doha, Qatar. (Photo: Peggy McInerny/ UCLA.)
There is no shortage of capital, said one speaker, the problem is creating the enabling environment for investment.
Published: Friday, May 30, 2014
Emir of Qatar engages with UCLA Chancellor and students
Muslim, Jewish Religious Leaders Denounce Violence, Promote Peace in Unprecedented Israeli-Palestinian Meeting
Conference Website
Turkey to re-evaluate its priorities?
Insufficient economic growth drives challenges of Middle East
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The Who, What, and Y of Design
Students discover how large national chain stores create product lines that appeal to Generation-Y consumers. After learning in-depth about Target's new Dorm Room line, students create their own Generation-Y inspired product line.
6th - 12th Visual & Performing Arts 20 Views 50 Downloads
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World War I Poster Project
These three worksheets will help get your World War I propaganda poster project well on its way! It offers sample images of various types of propaganda topics, such as buying victory bonds or joining military forces. It then provides a...
9th - 12th Social Studies & History CCSS: Adaptable
The Filmmaking Process
What happens during the pre-production, production, and post-production stages of the filmmaking process? This 30-page packet, designed to be used with a viewing of Frank Capra's Mr. Smith Goes to Washington, is loaded with materials,...
9th - 12th Visual & Performing Arts CCSS: Adaptable
A Study Guide for The Phantom of the Opera
Immerse yourself in the beautiful, twisted world of Andrew Lloyd Webber's The Phantom of the Opera. A detailed lesson plan provides important details about the writing, stagecraft, music, and literary elements of the famous musical, as...
9th - 12th English Language Arts CCSS: Adaptable
The Day The Earth Stood Still: The Filmmaking Process
How are films made? As part of their study of film, middle schoolers investigate the pre-production, production, and post-production process and consider the role of the director, the screenwriter, production designer, cinematographer,...
6th - 10th Visual & Performing Arts CCSS: Adaptable
4-H Line and Design Advanced Leader's Page
Incorporate 21st century graphic design skills into an advanced line and design activity worksheet. 4-H'ers will have a blast using a computer graphics program to re-create an image, unscrambling design terms and matching them with...
5th - 7th English Language Arts
Cinematography & Film/Video Production #2
Take two! Middle school and high school students learn what it takes to film and produce videos. Use these activities to challenge young cinematographers to learn the parts of a camera, filming techniques, and practice using the...
6th - 12th Visual & Performing Arts CCSS: Adaptable
The Complex Geometry of Islamic Design
Discover the prevalence of geometric design in Islamic culture with this wonderful informational video. It begins with an overview of the complexity of designs dating back to the eighth century during early Islam, and then delves into...
5 mins 7th - 12th Math CCSS: Adaptable
Bringing a Pop-up Book to Life
Breath life into the pages of a text with this instructional video on creating pop-up books. From choosing a topic, through the planning and creation phases, this video examines how to develop engaging visual presentations that reach out...
6 mins 3rd - 9th Science CCSS: Adaptable
The Engineering Design Process
Design your own video game, engineer accident-proof highways, or even develop a new phone app! The Engineering Design Model can be used with all ages and in all subject areas to create a product, system or service. The resource explains...
6th - Higher Ed Visual & Performing Arts
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Restaurant Orange Julep Gibeau and Smoked Meat @ Schwartz's Montreal, QC Canada
La La: Software Engineer, Freelance Photographer, born in Beijing, raised in Boston, MA and now resides in Los Angeles California.
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we drove by Restaurant Orange Julep Gibeau from our hotel to downtown everyday. there is always a line, so i…


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We've all seen them in the news stories about ME/CFS: the guy in a suit at the office, yawning; the beautiful woman sitting at her desk with her immaculate make-up and elegantly coiffed hair, hand to her head and looking slightly pained.
Discuss the article on the Forums.
Article: Light on ME/CFS III: A Different Herpes Virus for CFS? - Varicella-Zoster, Shingles and ME/
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BELTON — While marathon runners have been training for the Army Marathon II for months, they won't be the only people showcasing their skills.
Sunday's marathon will bring together 200 to 300 police, firemen and EMS workers from Killeen to Temple for the event.
"Last year's race went off without a hitch and I'm confident this year it's going to be the same thing," Belton County Sheriff Eddy Lange said.
Lange took questions and laid out some of the details about race day closures, functions and changes in roads around Bell County during a news conference Thursday at the Bell County Sheriff's Department.
Last year's marathon took place six days after two bombs went off at the Boston Marathon. The explosions killed three and injured about 260 others.
Because of the terrorist attack, law enforcement agencies as well as first responders from across Bell County were on high alert and the course included bomb-sniffing dogs along the route.
This year's event is less stressful to plan because law enforcement agencies have been through it before.
"It is easier this year because we've been through it once and we know what it takes to put this event together," Lange said. "The players are all back from last year."
The sheriff's department along with police from Killeen, Harker Heights, Belton and Temple will work together at the event.
Same playbook
Army Marathon race director Ed Bandas said the organizers started planning out specifics and working on race-day details soon after the first race was run last year.
"It's almost like exercising a playbook," Bandas said. "All the contingencies, all of the plans, everything was already there. This is the first time we've been able to put it all together."
Bandas also reiterated the importance of making sure people give themselves extra time if they are driving near the vicinity of the course.
Organizers plan to begin blocking off lanes at 6 a.m. Sunday for the 7 a.m. race start. Bandas said the best way to access the starting line and get to the Killeen Civic and Conference Center is through Elms Road. The best way to get to the finish line in Temple is taking a shuttle bus from the Scott & White West Campus parking lot to Airport Boulevard.
People can register for the marathon, half marathon or 5k through 6 p.m. Saturday. For more information, go to thearmymarathon.com or call Bandas at 210-632-2800.
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Wiper Arm Silver left Fits VW Bug 1968-1969
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Home » Business Services » Everything Else » The Ink Shop » Ad ID: 10575
The Ink Shop
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Nov 12, 2016
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Stop This Awful Practice!
Foothold traps snare an animal by the leg where they wait to die from exhaustion, blood loss, dehydration, hypothermia, or are clubbed, choked or stomped to death by the trapper
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Care for the Blind
Tragically, blind shelter cats are often deemed unadoptable and euthanized—providing proper care is costly and challenging.
Blind Cat Rescue gives abandoned blind cats immediate medical attention and a lifetime of love and care. But expenses are high and ongoing for these special cats.
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