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March 20, 2007
SAMUEL L. WARREN AND OLANDIS WARREN, PLAINTIFFSv.TOWNSHIP OF DERRY, ET AL., DEFENDANTS
This is a civil rights action filed by Samuel Warren ("Samuel") and Olandis Warren ("Olandis"), against the Township of Derry and several members of its police force. Presently before the court is a motion for summary judgment, filed by defendants Township of Derry ("Township"), Chief William D. Smith ("Smith"), Sergeant Patrick O'Rourke ("O'Rourke"), and Officer Kenneth M. Shank ("Shank"). (Docs. 38, 41.) For the reasons that follow, defendants' motion will be granted in part and denied in part.
I. Statement of Facts*fn1
On December 29, 2002, plaintiffs, who are both African-American males, entered Fox's Food Market between 8:00 a.m. and 9:00 a.m. (Doc. 1 ¶¶ 4-5; Doc. 39 ¶ 10; Doc. 48 ¶ 10.) Plaintiffs allege that they intended to purchase various food items, as well as baby diapers, from the market. (Doc. 39 ¶ 10; Doc. 48 ¶ 10.)
Plaintiffs sensed they were being watched by the store manager, Alan Rehm ("Rehm"), so they decided to leave their groceries in the cart and exit the store without purchasing any items.*fn2 (Doc. 39 ¶¶ 11-12; Doc. 48 ¶¶ 11-12.) Plaintiffs allege that Rehm followed them into the store lobby, where Samuel offered to allow Rehm to search him for evidence of theft. (Doc. 40, Ex. A at 72.) Samuel also alleges that he removed his coat and lifted his shirt to demonstrate that he was not concealing any items on his person. (Doc. 40, Ex. A at 72.)
Rehm, believing a crime was in progress, directed an employee to contact the police. (Doc. 39 ¶ 15; Doc. 48 ¶ 15.) Rehm exited the store to get a description of plaintiffs' vehicle and their direction of travel. He relayed that information, along with a description of the plaintiffs, to a police dispatcher.*fn3 (Doc. 39 ¶ 16; Doc. 48 ¶ 16.) A radio transmission was sent to all on-duty Township police officers, advising them that a retail theft had occurred. (Doc. 39 ¶ 17; Doc. 48 ¶ 17.) A later radio transmission advised that "the suspects had fled from the store and were last seen driving southbound on Cherry Drive in a blue Honda-type vehicle." (Doc. 39 ¶ 18; Doc. 48 ¶ 18.)
After leaving Fox's Food Market, plaintiffs went to a nearby convenience store. (Doc. 39 ¶¶ 19-20; Doc. 48 ¶¶ 19-20.) Officer Shank observed plaintiffs' blue coupe, which matched the description of the target vehicle, parked in front of the convenience store. Shank saw a black male exit the passenger side door of the vehicle and enter the store. He then saw a second black male exit the driver's side door of the vehicle. Believing that this individual matched the description of one of the suspects in the retail theft, Shank approached the blue coupe and asked the individual for identification. (Doc. 39 ¶¶ 19-21, 23; Doc. 48 ¶¶ 19-21,23.) The individual identified himself as Samuel L. Warren. (Id.) Samuel alleges that, despite his lack of resistance, Shank and another officer pulled him out of his car and threw him to the ground. (Doc. 40, Ex. A at 32, 48.) He states that one of the officers slammed a knee into his back while handcuffing him. (Doc. 40, Ex. A at 32.) He alleges that he asked the purpose of the confrontation and was told to "shut the hell up and sit on the curb." (Doc. 40, Ex. A at 33.)
Officer Shank then entered the convenience store and approached the second black male, who identified himself as Olandis Warren. (Doc. 39 ¶ 24; Doc. 48 ¶ 24.) Samuel alleges that, when Olandis exited the convenience store, the officers grabbed Olandis, forced him to the police car, slammed his head against the hood, and handcuffed him. (Doc. 40, Ex. A at 36-37.) Olandis alleges that he was frisked and placed in the police car, from which he observed the officers "picking [Samuel] up by his arms." (Doc. 40, Ex. B at 67-68.)
The officers also conducted a search of Samuel's car, which Samuel alleges damaged the upholstery and the seats. (Doc. 40, Ex. A at 38; Doc. 40, Ex. F at 17.) Shortly thereafter, O'Rourke arrived at the convenience store with Rehm, who identified plaintiffs as the suspects. (Doc. 39 ¶ 25; Doc. 48 ¶ 25.) Police officers then learned that plaintiffs had outstanding warrants from Lancaster County.*fn4 (Doc. 40, Ex. B at 71; Doc. 40, Ex. E at 14; Doc. 40, Ex. F at 34.) At that point, plaintiffs were arrested and were transported to the police station to await their preliminary arraignment. (Doc. 39 ¶ 26; Doc. 48 ¶ 26.)
Samuel alleges that while he was detained at the police station, he requested a cup of water from O'Rourke. O'Rourke allegedly retrieved the cup of water and threw it in Samuel's face. (Doc. 40, Ex. A at 19.) Samuel also alleges that in response to his request to make a telephone call, O'Rourke said, "Your black ass will get a phone call when you get to Dauphin County Prison." (Doc. 40, Ex. A at 19.) O'Rourke denies these allegations, stating that the use of racial slurs "flies in the face of the mission statement" of the Township Police Department. (Doc. 40, Ex. E at 63.)
At their arraignment, plaintiffs pled not guilty to retail theft and criminal conspiracy. (Doc. 39 ¶ 37; Doc. 48 ¶ 37.) Samuel was released, but Olandis was incarcerated at Dauphin County Prison on his outstanding warrant.*fn5 (Doc. 39 ¶¶ 32, 37; Doc. 48 ¶¶ 32, 37.) The retail theft and criminal conspiracy charges were ultimately dismissed by District Justice Dominick A. Pelino. (Doc. 39 ¶ 38; Doc. 48 ¶ 38.)
On December 23, 2004, plaintiffs initiated the instant action against the Township and its police officers, as well as Fox's Food Market and store manager Alan Rehm.*fn6 (Doc. 1.) Plaintiffs allege that defendants: (1) violated their Fourth and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983, (2) conspired to deprive them of their civil rights in violation of 42 U.S.C. § 1985, (3) intentionally discriminated against them on the basis of race in violation of 42 U.S.C. § 1981, and (4) subjected them to ethnic intimidation in contravention of 42 PA. CONS. STAT. ANN. § 8309. (Doc. 1 ¶¶ 64, 70, 74, 78.) Plaintiffs also aver that defendants violated several provisions of the Pennsylvania Constitution and committed various torts, including false arrest, false imprisonment, assault and battery, intentional infliction of emotional distress ("IIED"), and malicious prosecution. (Doc. 1 ¶¶ 81-84, 86.)
Defendants now move for summary judgment on each of plaintiffs' claims. The motion has been fully briefed and is ripe for disposition.
II. Standard of Review
Through summary adjudication the court may dispose of those claims that do not present a "genuine issue as to any material fact," and for which a jury trial would be an empty and unnecessary formality. See FED. R. CIV. P. 56(c). It places the burden on the non-moving party to come forth with "affirmative evidence, beyond the allegations of the pleadings," in support of its right to relief. Pappas v. City of Lebanon, 331 F. Supp. 2d 311, 315 (M.D. Pa. 2004); FED. R. CIV. P. 56(e); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). This evidence must be adequate, as a matter of law, to sustain a judgment in favor of the non-moving party on the claims. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-57 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-89 (1986); see also FED. R. CIV. P. 56(c), (e). Only if this threshold is met may the cause of action proceed. Pappas, 331 F. Supp. 2d at 315.
III. Discussion
A. Section 1983 Claims*fn7
Section 1983 of Title 42 of the United States Code offers private citizens a means of redress for violations of federal law by state officials. See 42 U.S.C. § 1983. The statute provides, in pertinent part, as follows:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . . . Id.; see also Gonzaga Univ. v. Doe, 536 U.S. 273, 284-85 (2002); Kneipp v. Tedder, 95 F.3d 1199, 1204 (3d Cir. 1996). To establish a civil rights claim, the plaintiff must show a "deprivation" of a constitutional or statutory right by a person "acting under color of state law."*fn8 Id. (quoting Mark v. Borough of Hatboro, 51 F.3d 1137, 1141 (3d Cir. 1995)).
Satisfaction of these elements, however, does not guarantee recovery. Certain officials, including police officers and other state actors performing "discretionary functions," are shielded from suit if their conduct did not violate a "clearly established statutory or constitutional right[] of which a reasonable person would have known." Wilson v. Layne, 526 U.S. 603, 609 (1999); Saucier v. Katz, 533 U.S. 194, 200-01 (2001). This doctrine, known as "qualified immunity," provides not only a defense to liability, but "immunity from suit." Hunter v. Bryant, 502 U.S. 224, 227 (1991); Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). In Saucier, the Supreme Court explained the analytical process for determining when to apply the privilege of qualified immunity:
A court required to rule upon the qualified immunity issue must consider . . . this threshold question: Taken in the light most favorable to the party asserting the injury, do the facts alleged show the [defendant's] conduct violated a constitutional right? This must be the initial inquiry . . . . If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. On the other hand, if a violation could be made out on a favorable view of the parties' submissions, the next, sequential step is to ask whether the right was clearly established.
Saucier, 533 U.S. at 201. Thus, the qualified immunity analysis requires a two-step inquiry.
First, the court must determine whether the facts alleged show that the defendant's conduct violated a constitutional or statutory right. If so, the court must then determine whether the constitutional or statutory right allegedly violated by the defendant was "clearly established." If the court concludes that the defendant's conduct did violate a clearly established constitutional or statutory right, then it must deny the defendant the protection afforded by qualified immunity.
Williams v. Bitner, 455 F.3d 186, 190 (3d Cir. 2006); cf. Wright v. City of Phila., 409 F.3d 595 (3d Cir. 2005) (discussing whether the constitutional violation is a separate inquiry or part of the qualified immunity analysis); Kaucher v. County of Bucks, 455 F.3d 418, 423 n.2 (3d Cir. 2006).
When immunity is raised at the summary judgment stage, the court's analysis of the merits of the claims for purposes of summary judgment essentially merges with its analysis of the existence of a deprivation of federal rights for purposes of immunity. See Gruenke v. Seip, 225 F.3d 290, 299-300 (3d Cir. 2000); Russoli v. Salisbury Twp., 126 F. Supp. 2d 821, 838-41 (E.D. Pa. 2000); see also Grant v. City of Pittsburgh, 98 F.3d 116, 122 (3d Cir. 1996) ("[C]rucial to the resolution of [the] assertion of qualified immunity is a careful examination of the record . . . to establish . . . a detailed factual description of the actions of each individual defendant (viewed in a light most favorable to the plaintiff).").
Proceeding under the above framework, the court will consider each of plaintiffs' § 1983 claims to determine, first, whether plaintiffs have offered prima facie evidence of their claims and, second, whether defendants enjoy qualified immunity on those claims for which plaintiffs have presented sufficient evidence.
1. Prima Facie Evidence of Plaintiffs' Claims
Plaintiffs have raised the following § 1983 claims: excessive force, unlawful search and seizure, unlawful arrest, and malicious prosecution.*fn9 Plaintiffs also argue that the Township is liable under § 1983 because it fostered a policy or custom of discrimination. The court will address each of these issues seriatim.
a. Excessive Force
Every citizen has a Fourth Amendment right to be free from excessive force during lawful arrests. See Kopec v. Tate, 361 F.3d 772, 776-78 (3d Cir. 2004). To avoid running afoul of the Fourth Amendment, an officer may exercise only a "reasonable" degree of force in effectuating an arrest. Id. In determining whether an officer's conduct was reasonable, a court must review all of the circumstances surrounding the arrest, including: (1) the severity of the crime, (2) the immediate threat that the suspect posed to the officers' safety, (3) whether the suspect was actively resisting the arrest, and (4) the number of suspects with whom the officers had to contend at one time. Gravely v. Speranza, No. 06-1592, 2007 WL 655290, at *2 (3d Cir. Mar. 5, 2007); see also Saucier, 533 U.S. at 205. Generally, the issue of reasonableness is a question of fact reserved for the jury; however, summary judgment may be entered if the court "resolves all factual disputes in favor of the plaintiff and concludes that the use of force was objectively reasonable under the circumstances." Gravely, 2007 WL 655290, at *2.
In the action sub judice, plaintiffs allege that Shank and other officers*fn10 pulled Samuel from his vehicle, threw him to the ground, and kneed him in the back. Plaintiffs further claim that the officers grabbed Olandis, forced him to the police car, and slammed his head against the hood. (See Doc. 40, Ex. A. at 32-37. While "[n]ot every push or shove . . . is constitutionally unreasonable," Sharrar v. Felsing, 128 F.3d 810, 821 (3d Cir. 1997) (quoting Graham v. Connor, 490 U.S. 386, 396 (1989)), there is sufficient record evidence to suggest that the force used was excessive. The record is devoid of evidence that plaintiffs posed a threat to officer safety or resisted arrest. See Gravely, 2007 WL 655290, at *2. Nor were plaintiffs suspected of a violent or serious crime. Id. Accordingly, in the context of the procedural posture of the case, see supra Part II, the court finds that plaintiffs have presented sufficient evidence to establish a prima facie claim of excessive force, and defendants' motion for summary judgment will be denied as to this claim.
b. Unlawful Search and Seizure
Unlawful search and seizure claims require proof of an unconstitutional invasion of a plaintiff's "reasonable expectation of privacy" or a deprivation of his or her interest in property. See Soldal v. Cook County, 506 U.S. 56, 62-64 (1992); Rakas v. Illinois, 439 U.S. 128, 133-35 (1978) (citing Alderman v. United States, 394 U.S. 165, 174 (1969)). In the action sub judice, plaintiffs allege that: (1) they were unlawfully seized prior to their arrest, and (2) their vehicle was unlawfully searched.
The court will turn first to the issue of unlawful seizure. The court finds that plaintiffs were seized when they were handcuffed prior to their arrest. See Shuman v. Penn Manor Sch. Dist., 422 F.3d 141, 147 (3d Cir. 2005) (stating that an individual is seized when, in view of the totality of the circumstances, "a reasonable person would have believed that he was not free to leave"). To effect this type of seizure without running afoul of the Fourth Amendment, the police must possess "a reasonable, articulable suspicion that criminal activity is afoot." Illinois v. Wardlow, 528 U.S. 119, 123 (2000); see also United States v. Delfin-Colina, 464 F.3d 392, 396 (3d Cir. 2006). In the action sub judice, defendants allege that they had reasonable suspicion to detain plaintiffs because plaintiffs fit the description of two retail theft suspects provided by a police dispatch. In fact, plaintiffs matched every detail of the description, which indicated that two African-American males were "last seen driving southbound on Cherry Drive in a blue Honda-type vehicle." (See Doc. 41 at 16; Doc. 39 ¶¶ 17-18; Doc. 48 ¶¶ 17-18.) That "every detail provided in a description matched the details observed by the officers" can lead to a finding of reasonable suspicion. United States v. Brown, 448 F.3d 239, 247 (3d Cir. 2006). However, to establish reasonable suspicion, a police dispatch must meet the Fourth Amendment's "demand for specificity." Id. The court finds that the police dispatch in the instant case was sufficiently specific to satisfy the requirements of the Fourth Amendment because it contained a description of the vehicle, its direction of travel, and its occupants.*fn11 See United States v. Nelson, 284 F.3d 472, 481 n.5 (3d Cir. 2002) (finding reasonable suspicion when suspects matched police dispatch description of "car, plates, occupants and direction of travel"). Accordingly, plaintiffs' pre-arrest detention was lawful, and defendants' motion for summary judgment will be granted with respect to plaintiffs' claim of unlawful seizure.*fn12
The court turns next to the issue of the search of plaintiffs' vehicle. Defendants concede that the search was conducted without plaintiffs' consent and without a search warrant. (See Doc. 40, Ex. E at 28.) Absent consent or a warrant, officers may search an automobile only if "probable cause exists to believe [the automobile] contains contraband." Pennsylvania v. Labron, 518 U.S. 938, 940 (1996). Reasonable suspicion can ripen into probable cause if the officers are able to gather additional incriminating information during a suspect's pre-arrest detention. United States v. Goode, Crim. Act. No. 06-CR-0066-01, 2006 WL 3025885, at *3 (E.D. Pa. 2006).
Based upon the summary judgment record, the court finds that a reasonable jury could conclude that defendants did not gather sufficient additional information during plaintiffs' pre-arrest detention to justify a search of plaintiffs' vehicle. Although Rehm's identification of plaintiffs could have provided the requisite additional information, Shank testified that this identification occurred after plaintiffs' vehicle was searched. (Doc. 40, Ex. F at 17.) Additionally, an issue of fact remains as to when defendants learned that plaintiffs had not removed any merchandise from Fox's Food Market. Rehm testified that he informed the police dispatcher that nothing had been removed. (See Doc. 40, Ex. G at 20.) Hence, a reasonable jury could conclude that defendants knew that no merchandise had been taken prior to executing the search of plaintiffs' vehicle. If defendants' possessed such knowledge at the time of the search, they would have had no reason to believe that the vehicle contained contraband. See Labron, 518 U.S. at 940. Accordingly, the court finds that plaintiffs have presented sufficient evidence to establish a prima facie claim that their car was unlawfully searched, and defendants' motion for summary judgment will be denied as to this claim.*fn13
c. Unlawful Arrest
Claims of unlawful arrest require the plaintiff to show that he or she was arrested without probable cause. Groman v. Twp. of Manalapan, 47 F.3d 628, 634-35 (3d Cir. 1995); see also Berg v. County of Allegheny, 219 F.3d 261, 268-69 (3d Cir. 2000). Probable cause to arrest requires "proof of facts and circumstances that would convince a reasonable, honest" officer that the person arrested has committed a crime. Lippay v. Christos, 996 F.2d 1490, 1502 (3d Cir. 1993); see United States v. Myers, 308 F.3d 251, 255 (3d Cir. 2002). Thus, the issue is not whether an individual actually committed the crimes for which he or she was arrested, but whether the police had probable cause to believe that the individual committed those crimes at the time of his or her arrest. Groman, 47 F.3d at 634; see also Baker v. McCollan, 443 U.S. 137, 145 (1979) ("The Constitution does not guarantee that only the guilty will be arrested. If it did, § 1983 would provide a cause of action for every defendant acquitted - indeed, for every suspect released.").
To determine if defendants possessed probable cause to arrest plaintiffs in the instant case, the court must examine only that evidence that was available to defendants at the time of plaintiffs' arrest. At the time of plaintiffs' arrest, defendants knew that: (1) plaintiffs matched the police dispatch description of the retail theft suspects, (2) Rehm had identified plaintiffs as the suspects, and (3) there was an outstanding arrest warrant for Olandis.*fn14 A radio transmission may be sufficient to establish probable cause when combined with other evidence closely linking a suspect to the scene of a reported crime. Edwards v. City of Phila., 860 F.2d 568, 571 n.2 (3d Cir. 1988). In the instant case, such evidence came in the form of Rehm's positive identification of plaintiffs as the suspects. See Lynn v. Christner, 184 F. App'x 180, 182, 183 n.2 (3d Cir. 2006) (stating that "victim's positive identification" of suspect constituted "strong inculpatory evidence" the could contribute to a finding of probable cause); Mitchell v. Obenski, 134 F. App'x 548, 551 (3d Cir. 2005) ("When a police officer has received a reliable identification by a victim . . ., the police have probable cause to arrest."). The valid outstanding warrant against Olandis also contributed to the officer's determination that probable cause existed. Holmes v. McGuigan, 184 F. App'x 149, 151 (3d Cir. 2006) (holding that police officer's awareness of an outstanding warrant for the suspect's arrest can contribute to a finding of probable cause, provided that the outstanding warrant is valid). The court finds that a reasonable, honest officer armed with the foregoing information would have concluded that plaintiffs had committed the crime of retail theft and would have been justified in procuring their arrest.*fn15
Accordingly, defendants' motion for summary judgment with respect to this claim will be granted.*fn16
d. Malicious Prosecution*fn17
A claim of malicious prosecution requires a plaintiff to prove that: (1) the defendants initiated a criminal proceeding, (2) the criminal proceeding ended in plaintiff's favor, (3) the proceeding was initiated without probable cause, (4) the defendants acted maliciously or for a purpose other than bringing the plaintiff to justice, and (5) the plaintiff suffered a deprivation of liberty consistent with the concept of seizure as a consequence of a legal proceeding. Estate of Smith v. Marasco, 318 F.3d 497, 521 (3d Cir. 2003); see also Marable v. West Pottsgrove Twp., 176 F. App'x 275, 280-81 (3d Cir. 2006). The court's conclusion that defendants possessed probable cause to effect plaintiffs' arrest forecloses plaintiffs' malicious prosecution claim as a matter of law. Amato v. Pa. Office of Attorney Gen., 183 F. App'x 260, 262 n.1 (3d Cir. 2006) ("[I]f probable cause is established, a malicious prosecution claim fails as a matter of law.") Accordingly, defendants' motion to dismiss the malicious prosecution claim will be granted.
e. Municipal Liability*fn18
Municipalities and other local government entities may not be held liable under § 1983 for the acts of their employees under a theory of respondeat superior or vicarious liability. Bd. of County Comm'rs v. Brown, 520 U.S. 397, 403 (1997); see also Colburn v. Upper Darby Twp., 946 F.2d 1017, 1027 (3d Cir. 1991). However, a municipality may be held liable if the plaintiff can "identify a municipal 'policy' or 'custom' that caused the plaintiff's injury." Id. (citing Monell v. Dep't of Social Servs., 436 U.S. 658, 694 (1978)). A policy is an official proclamation or edict of a municipality, while a custom is a practice that is "so permanent and well settled as to virtually constitute law." Beck v. City of Pittsburgh, 89 F.3d 966, 971 (3d Cir. 1996) (quoting Andrews v. City of Philadelphia, 895 F.2d 1469, 1480 (3d Cir. 1990) (citations omitted).
In the instant case, plaintiffs claim that the Township maintained a policy or custom "to use the strong arm of the law to keep Blacks and maybe other minorities out of [the] Township." (Doc. 47 at 15.) Plaintiffs base their contention solely upon the facts and circumstances of the instant case and concede the possibility that plaintiffs' treatment was "an isolated incident." (Id.) The court finds no evidence to suggest that plaintiffs' treatment resulted from a policy or custom of discrimination. In fact, plaintiffs admit that they are unaware of any incidents in which the Township subjected other individuals to "overt intimidation or racism." (Doc. 40, Ex. A at 19-20.) Accordingly, defendants' motion for summary judgment will be granted with respect to this claim.*fn19
2. Clearly Established Rights
Based on the court's findings that plaintiffs have established prima facie claims of excessive force and unlawful search against Shank and O'Rourke, the court must determine whether these defendants are entitled to qualified immunity. To determine whether a public official is entitled to qualified immunity, the court must ascertain "whether a reasonable public official would know that his or her specific conduct violated clearly established rights." Grant, 98 F.3d at 121 (citing Anderson v. Creighton, 483 U.S. 635, 636-37 (1987)). This requires an examination of whether, taking the evidence in the light most favorable to the plaintiff, each defendant should have known that his or her actions contravened statutory or constitutional guarantees. Gruenke, 225 F.3d at 299-300. "This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful, but it is to say that in the light of pre-existing law the unlawfulness must be apparent." Creighton, 483 U.S. at 640 (citation omitted).
The court finds that defendants are not entitled to immunity with respect to the excessive force claim. Viewing the facts in a light most favorable to the non-moving party, the court must state the obvious: throwing a non-resisting suspect to the ground and slamming his head against the hood of a police car clearly exceeds constitutional boundaries of reasonableness. Assuming these facts to be true, defendants should have recognized that their conduct rose above the floor of a civil rights violation. See Graham, 490 U.S. at 395; Russoli, 126 F. Supp. 2d at 858.
With respect to the search of plaintiffs' vehicle, the relevant inquiry is whether it was objectively reasonable for defendants to believe that probable cause existed for the search. If, as plaintiffs contend, defendants knew at the time of the search that no merchandise had been removed from Fox's Food Market, it would have been unreasonable for them to believe that the vehicle contained contraband or that they had probable cause for the search. See Labron, 518 U.S. at 940. Accordingly, the court finds that defendants are not entitled to immunity with respect to the search of plaintiffs' vehicle.
B. Section 1985 Claim
Plaintiffs allege that the acts and conduct of O'Rourke, Shank, and Rehm "constituted a conspiracy to deprive plaintiffs of their civil rights in violation of 42 U.S.C. 1985." (Doc. 1 ¶ 74.) Section 1985(3) provides a cause of action against a person who conspires "for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws." 42 U.S.C. § 1985(3). To establish a prima facie case under § 1985(3), a plaintiff must prove that: (1) defendants engaged in a conspiracy, (2) the conspiracy's purpose was to deprive either directly or indirectly, any person or class of persons of equal protection of the laws, or equal privileges and immunities under the laws, (3) defendants committed an act in furtherance of the conspiracy, and (4) defendants' actions resulted in an injury to the plaintiff's person or property or a deprivation of the plaintiff's rights or privileges as a United States citizen. Farber v. City of Patterson, 440 F.3d 131, 134 (3d Cir. 2006); Griffin v. Breckenridge, 403 U.S. 88, 102-03 (1971); Brown v. Philip Morris Inc., 250 F.3d 789, 805 (3d Cir. 2001); Lake v. Arnold, 112 F.3d 682, 685 (3d Cir. 1997). "Mere conclusory allegations of deprivations of constitutional rights are insufficient to state a § 1985(3) claim." D.R. v. Middle Bucks Area Vocational Tech. Sch., 972 F.2d 1364, 1377 (3d Cir. 1992).
In the instant case, the court finds no evidence of record from which any type of conspiratorial agreement between Shank, O'Rourke, and Rehm can be inferred. Although plaintiffs contend that O'Rourke made a racially insensitive remark to Samuel and splashed water on his face, the court finds no evidence of record that would attribute similar statements, beliefs, or actions to Shank or Rehm. See Adams v. Teamsters Local 115, No. 03-3680, 2007 WL 142540, at *4 (3d Cir. 2007) ("A civil conspiracy is a combination of two or more persons acting in concert to commit an unlawful act.") (emphasis added). Accordingly, defendants' motion for summary judgment on the § 1985 conspiracy claim will be granted.
C. Section 1981 Claims
Section 1981 of Title 42 of the United States Code was enacted to "abolish all the remaining badges and vestiges of the slavery system." Mahone v. Waddle, 564 F.2d 1018, 1030 (3d Cir. 1977). It states, in pertinent part: All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
42 U.S.C. § 1981(a).
In the instant case, plaintiffs assert a § 1981 claim of racial discrimination against Shank and O'Rourke, both of whom are state actors. There remains some question as to whether § 1981 creates an independent right of action against state actors. In Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 732-33 (1989), the United States Supreme Court held that § 1983 was the exclusive vehicle for asserting § 1981 violations against state actors. Thereafter, Congress passed the Civil Rights Act of 1991 which "amended § 1981 to provide that 'rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law.'" Cardenas v. Massey, 269 F.3d 251, 268 (3d Cir. 2001) (quoting 42 U.S.C. § 1981(c)) (emphasis added). This amendment sparked a division among federal courts as to whether "§ 1981(c) abrogates Jett by creating an implied independent cause of action" against state actors. Compare Oden v. Okitbbeha County, Miss., 246 F.3d 458, 464 (5th Cir. 2001) (stating that allegations of § 1981 violations must be brought via § 1983), and Butts v. County of Volusia, 222 F.3d 891, 894 (11th Cir. 2000) (same), and Dennis v. County of Fairfax, 55 F.3d 151 (4th Cir. 1995) (same), with Fed'n of African American Contractors v. City of Oakland, 96 F.3d 1204 (9th Cir. 1996) (stating that amendments to § 1981 created direct cause of action, implicitly overruling Jett), and Riley v. Del. River & Bay Auth., 457 F. Supp. 2d 505, 512 (D. Del. 2006) (same), and Watkins v. Pa. Bd. of Prob. & Parole, No. 02CV2881, 2002 WL 32182088, at *4-7 (E.D. Pa. Nov. 25, 2002) (same). The court elects to follow the rationale of its sister court in the Eastern District of Pennsylvania, which concluded, after conducting an exhaustive review of the legislative history behind § 1981, that the section creates an implied direct cause of action against state actors. See Watkins, 2002 WL 32182088, at *4-7.
Having concluded that plaintiffs may assert an independent cause of action against Shank and O'Rourke, the court must address the merits of plaintiffs' § 1981 claim. To survive summary judgment on a § 1981 claim, a plaintiff must present specific facts showing that: (1) he or she is a "member of a racial minority," (2) he or she was subjected to an "act of discrimination," and (3) the defendant acted with an "intent to discriminate." Koger v. Kaplan, Inc., 169 F. App'x 682, 684 (3d Cir. 2006). Because "those with racist intentions do not always verbalize their pernicious motives," a plaintiff may prove discriminatory intent based on "the totality of the circumstances." Whichard v. Cheltenham Twp., Civ. A. No. 95-CV-3969, 1996 WL 502281, at *8 (E.D. Pa. Aug. 29, 1996).
In support of their § 1981 claim, plaintiffs allege that considering the circumstances of their arrest in combination with O'Rourke's racially insensitive statement establishes that defendants acted with discriminatory intent. In light of such evidence, the court finds that a reasonable jury could determine that O'Rourke acted with the intent to discriminate. See id. at *8 (permitting § 1981 claim to survive summary judgment where an arresting officer yelled a racial epithet at the plaintiff). However, the court finds no evidence of record that would ascribe a similar intent to Shank. Accordingly, the court will deny summary judgment with respect to the § 1981 claim against O'Rourke, but will grant summary judgment with respect to the § 1981 claim against Shank.
D. State Statutory Claim
Plaintiffs aver that they are entitled to redress pursuant to Section 8309 of Title 42 of the Pennsylvania Consolidated Statutes, which establishes a cause of action for personal injuries incurred as a result of ethnic intimidation. 42 PA. CONS. STAT. ANN. § 8309. A person commits the offense of ethnic intimidation if, "with malicious intention toward the race . . . of another individual," he commits any number of underlying criminal offenses. 18 PA. CONS. STAT. ANN. § 2710(a). In the action sub judice, plaintiffs allege that defendants committed the underlying criminal offense of harassment. (Doc. 47 at 20.) Section 2709 of Title 18 of the Pennsylvania Consolidated Statutes provides, in pertinent part, as follows:
A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:
(1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
(2) follows the other person in or about a public place or places;
(3) engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose; . . .
18 PA. CONS. STAT. ANN. § 2709. To establish a valid claim of harassment under Pennsylvania law, a plaintiff must prove that: (1) the defendant engaged in a "course of conduct," not just a single, isolated incident, Commonwealth v. Zullinger, 676 A.2d 687, 689 (Pa. Super. Ct. 1996); see also Commonwealth v. Schnabel, 344 A.2d 896, 898 (Pa. Super. Ct. 1975), and (2) the defendant's actions "had no legitimate purpose," Commonwealth v. Urrutia, 653 A.2d 706, 709 n.5 (Pa. Super. Ct. 1995).
In the instant case, plaintiffs have failed to prove that defendants' actions amounted to a "course of conduct," rather than a single, isolated incident. Zullinger, 676 A.2d at 689. Furthermore, plaintiffs have failed to establish that defendants' actions were not motivated by legitimate law enforcement objectives. See Urrutia, 653 A.2d at 709 n.5. Absent proof that defendants committed the underlying criminal offense of harassment, plaintiffs' claim of ethnic intimation under § 8309 cannot survive. Accordingly, the court will grant defendants' motion for summary judgment with respect to this claim.
E. State Constitutional Claims
Plaintiffs allege that defendants violated numerous rights secured by Article I of the Pennsylvania Constitution.*fn20 Whether a direct cause of action under the various provisions of the Pennsylvania Constitution exists remains unsettled. In a recent en banc decision, the Commonwealth Court of Pennsylvania concluded that "the judicial creation of a new cause of action for monetary damages for the [defendant's] alleged violation of Article I, Section 8 of the Pennsylvania Constitution [was] not required." Jones v. City of Phila., 890 A.2d 1188, 1216 (Pa. Commw. Ct. 2006). Although its holding was limited to the facts of the case, the Jones decision illustrates the Pennsylvania court's reluctance to create "a new monetary remedy, where a remedy already exists, without benefit of legislative action." Id.; see also id. at 1208 (noting that "neither Pennsylvania statutory authority, nor appellate case law has authorized the award of monetary damages for a violation of the Pennsylvania Constitution").
This court has previously declined to exercise jurisdiction over state constitutional claims. See Millar v. Windor Twp., No. 1:04-CV-2529, 2005 WL 1513120, at * 3-4 (M.D. Pa. June 24, 2005). As in Millar, the court believes that deference to the state appellate courts on this issue is appropriate and, therefore, will decline to exercise jurisdiction over plaintiffs' state constitutional claims. See 28 U.S.C. § 1367(c)(1) (stating that a court may decline jurisdiction if "the claim raises a novel or complex issue of State law"); Mulgrew v. Fumo, No. 03-CV-5039, 2004 WL 1699368, at *2 (E.D. Pa. July 29, 2004) ("Due to this unsettled issue of law, as to whether such a direct right of action exists [for money damages for violations of the state constitution], we believe a state court is better equipped to determine the causes of action that may be derived from the Pennsylvania Constitution."); see also Trump Hotels & Casino Resorts, Inc. v. Mirage Resorts, Inc., 140 F.3d 478, 487 (3d Cir. 1998) (affirming court's refusal to extend jurisdiction over state law issue that would require the court to interpret state's constitution, as deferral of matter was "out of respect for the right of a state court system to construe that state's own constitution") (citing Doe v. Sundquist, 106 F.3d 702, 708 (6th Cir. 1997)). Accordingly, plaintiffs' state constitutional claims will be dismissed without prejudice.
F. State Tort Claims
Defendants contend that they are immune from plaintiffs' state tort claims pursuant to Pennsylvania's Political Subdivision Tort Claims Act, 42 PA. CONS. STAT. §§ 8541-8550. If, however, defendants actions resulted from "willful misconduct," they are not shielded by governmental immunity. 42 PA. CONS. STAT. ANN. § 8550. For purposes of immunity, "willful misconduct is synonymous with intentional tort." Cameron v. Johnson, Civ. A. No. 05-5758, 2006 WL 1878329, at *3 (E.D. Pa. July 6, 2006) (citing Kuzel v. Krause, 658 A.2d 856, 859 (Pa. Cmwlth. Ct. 1995)). Plaintiffs' remaining state tort claims are all intentional torts. Accordingly, defendants are not immune from liability for these torts, and the court must consider the merits of plaintiffs' claims.
1. Assault and Battery & IIED
Defendants have failed to proffer arguments to support their position that judgment should be entered in their favor with respect to plaintiffs' claims of assault and battery and IIED. (See Doc. 41 at 29 (stating that defendants choose to "defer a further discussion to see if Plaintiffs are serious about their state law claims"). Accordingly, the court will deny defendants' motion for summary judgment with respect to these claims without further discussion.
2. False Imprisonment and False Arrest
Under Pennsylvania law, a defendant is liable for false imprisonment if:
(1) he or she intended to confine a person within fixed boundaries, (2) the act directly or indirectly resulted in such confinement, (3) the person confined is "conscious of the confinement or is harmed by it," and (4) the confinement is unlawful. Joyner v. Sch. Dist. of Phila., 313 F. Supp. 2d 495, 502 (E.D. Pa. 2004); see also Gagliardi v. Lynn, 285 A.2d 109, 111 n.2 (Pa. 1971) (quoting RESTATEMENT (SECOND) OF TORTS § 35 (1965)). A confinement is unlawful "if there was no probable cause." Joyner, 313 F. Supp. 2d at 502. Similarly, "false arrest" is an arrest made without probable cause . . . or by a person without authority to do so. McGriff v. Vidovich, 699 A.2d 797, 798-99 (Pa. Commw. Ct. 1997); see also Renk v. City of Pittsburgh, 641 A.2d 289, 295 n.2 (Pa. 1994) (Montemuro, J., dissenting); DeBellis v. Kulp, 166 F. Supp. 2d 255, 279-80 (E.D. Pa. 2001). Given the court's conclusion that defendants possessed probable cause to effect plaintiffs' arrest, plaintiffs' claim of false imprisonment and false arrest fail as a matter of law, and the court will grant defendants' motion for summary judgment with respect to these claims.
G. Unnamed Defendants
The complaint lists numerous unnamed defendants: (1) John/Jane Doe Police Officers #1 - 5, (2) John/Jane Doe Community Service Officers #1 - 5, (3) John Doe Fox Employees #1 - 3, and (4) ABC Corporation.*fn21 In their motion for summary judgment, defendants seek the dismissal of all claims against these unnamed defendants because plaintiffs have never identified nor served them. (See Doc. 41 at 25-26.) Plaintiffs did not oppose this portion of defendants' motion for summary judgment. (See Doc. 47.)*fn22 See D'Angio v. Borough of Nescopeck, 34 F. Supp. 2d 256, 265 (M.D. Pa. 1999) (providing that the non-moving party waived any argument when he failed to address it in a responsive brief); see also L.R. 7.6. In addition, fact discovery ended on March 30, 2006 (see Doc. 33) and plaintiffs have never attempted to amend the complaint to name the real parties in interest.*fn23
Accordingly, the court will dismiss all claims against the unnamed defendants.
IV. Conclusion
For the foregoing reasons, the court will grant defendants' motion for summary judgment with respect to plaintiffs' claims of: (1) unlawful seizure, unlawful arrest, and malicious prosecution pursuant to 42 U.S.C. § 1983, (2) conspiracy pursuant to 42 U.S.C. § 1985, (3) race discrimination pursuant to 42 U.S.C. § 1981 against Shank, (4) ethnic intimidation pursuant to 42 PA. C.S.A. § 8309, (5) state constitutional violations, and (6) false imprisonment, false arrest, and malicious prosecution pursuant to Pennsylvania law. The court will also grant defendants' motion for summary judgment with respect to all claims against Township and Smith and against all unnamed defendants. Defendants' motion for summary judgment will otherwise be denied. An appropriate order will issue.
AND NOW, this 20th day of March, 2007, upon consideration of defendants' motion for summary judgment (Doc. 38), and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1. The motion for summary judgment (Doc. 38) is GRANTED with respect to the following claims: (a) unlawful seizure, unlawful arrest, and malicious prosecution pursuant to 42 U.S.C. § 1983, (b) conspiracy pursuant to 42 U.S.C. § 1985, (c) race discrimination pursuant to 42 U.S.C. § 1981 against defendant Kenneth M. Shank, (d) ethnic intimidation pursuant to 42 PA. C.S.A. § 8309, (e) false imprisonment, false arrest, and malicious prosecution, and (f) all remaining claims against defendants Township of Derry and William D. Smith.
2. The motion for summary judgment (Doc. 38) is otherwise DENIED.
3. Plaintiffs' state constitutional claims are DISMISSED without prejudice. See 28 U.S.C. § 1367(c)(1).
4. Plaintiffs' claims against John/Jane Doe Police Officers #1 - 5, John/Jane Doe Community Service Officers #1 - 5, John Doe Fox Employees #1 - 3, and the ABC Corporation are DISMISSED.
5. The Clerk of Court is directed to defer the entry of judgment until the conclusion of this case.
6. A revised pretrial and trial schedule shall issue by future order of court.
CHRISTOPHER C. CONNER United States District Judge
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Boyz n the Hood is one of the most iconic films of the 1990s, a coming of age movie that tells the story of three friends growing up in early 90s South Central L.A. And while the characters, plot and themes are a big part of what makes the movie so iconic, but don't sleep on how big the soundtrack was in 1991.
Coming on the heels of House Party and New Jack City, urban film soundtracks were becoming a big deal for fans; and Boyz… built on the template that those two movies set–and what many other films, from Boomerang to Above the Rim, would continue to do for the remainder of the 1990s. With tracks that range from gritty West Coast gangsta rap (courtesy of Ice Cube, Compton's Most Wanted and Kam) to East Coast boom bap (Main Source and Chubb Rock make appearances) to R&B hits from Tony! Toni! Tone! and Tevin Campbell, this was a snapshot of urban music circa 1991.
So in celebration of the iconic film's 25th anniversary–here are our picks for the five best songs from Boyz N the Hood.
"Just Ask Me To"
This lighthearted bit of teen New Jack Swing was the third big hit for burgeoning young star Tevin Campbell. Coming off his smash "Round & Round" from the Graffiti Bridge soundtrack a year earlier, the 14 year old scored again with this catchy track that also featured Chubb Rock and K-Ci and Jo-Jo of Jodeci.
"Growin' Up In the Hood"
One of the most recognizable voices in hip-hop, MC Eiht first emerged as a prominent rhymer in Compton's Most Wanted. The group's biggest hit was this single, which served as an unofficial theme song for Boyz N the Hood, a trick Eiht would pull off again two years later with "Streiht Up Menace" from the soundtrack for Menace II Society.
"Just Me and You"
Tony! Toni! Tone! had broken through big with their second album The Revival in 1990, and the trio of Raphael Saadiq, D'Wayne Wiggins and Timothy Christian Riley laced John Singleton's coming of age film with a sweet ode to young love. One of their best ballads.
"How To Survive In South Central"
Boyz N the Hood marked the first film appearance for Ice Cube, and on the soundtrack, he delivered one of his most unapologetic odes to his home turf. "How To Survive…" as the title suggests, is an outsider's guide to one of the most notorious locales in the country.
"Black On Black Crime"
Haunting and hypnotic, this iconic instrumental from bass virtuoso Stanley Clarke served as the musical core for Boyz N the Hood. The tune gave added resonance to a film that clearly packed an emotional wallop; and Clarke scored Boyz… in it's entirety. Clarke would take home a BMI Award for his work in 1992.

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Mar 22, 2013
The Brazilian state of Minas Gerais has generated more than $3bn in demand for the sale of $1.27bn in 2028 pass-through notes, pricing as soon as today, according to people following the process. The issuer is...
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Tuesday, August 4, 2009
Fresh and clean idea houses and home tours
via Southern Living
14 comments:
- Same New Story said...
these are beautiful! i want to plop myself right into that bathtub. hope your morning gets better!
- August 4, 2009 at 12:34 PM
- TERI REES WANG said...
I still like the idea of sleeping coves, and that could be a really good move organize your clean-up: Compartmentalize.
- August 4, 2009 at 1:58 PM
- Erin said...
Love these rooms!
- August 4, 2009 at 2:24 PM
- Lovely Little Nest said...
Oooh great rooms! Thanks for the pretty pictures :)
- August 4, 2009 at 2:28 PM
- Blair said...
Oh my goodness-crazy about that first bedroom! Such great colors and so well accessorized.
- August 4, 2009 at 2:47 PM
- www.designfabulous.com said...
Great post, I love all those rooms. I really love that wallpaper in the green bedroom!! Schumacher i think. Also letting everyone know I have a room makeover challenge going on over at my blog and would like as many people as possible to participate, to make it fun and interesting the limit is $200.00 for the room. Anyone interested come check it out.
- August 4, 2009 at 4:23 PM
- Nicolette said...
It's not Zen, as in, it's not a Zen-styled modern interior design. It is warm and simple though. Hope you will have the same experience with your cleanup.
- August 4, 2009 at 5:32 PM
- Tracy @ comfortandluxury said...
Really pretty! Looooove the bathroom and the antiqued mirrors as a backsplash.
Hope you get your problems solved easily!
- August 4, 2009 at 5:42 PM
- Berry said...
There are so many things that I love in this post that I probably shouldn't make a list - it'd be too long! =)
- August 4, 2009 at 7:16 PM
- Down Pillow said...
Great photos - I'm really loving the bathroom & cubby-hole bedroom with the curtains :)
- August 4, 2009 at 11:43 PM
- The Little Big House said...
these photos are so fresh and clean - i want to just sit in that living room and read a book!
- August 5, 2009 at 11:01 AM
- joanita said...
Love all these! So inspiring...need to work on my home!
- August 5, 2009 at 10:19 PM
- Blueprint Bliss said...
Love all of these. Esp the ones from the house designed by Tracery. I'm a huge fan of their work!
- August 6, 2009 at 8:48 AM
- umama said...
I love those first two pics!! They are so simple and airy!
- August 7, 2009 at 11:01 PM


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Team JP has been called upon to assist in selling approximately 20 mini storage units contents at absolute auction! This is a cash only sale- call a friend and bring your truck/trailer!
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1. BUYERS PREMIUM: A 10% buyers premium will be added to the successful bidders high bid. This will be a CASH ONLY auction. 2. CONDITIONS: Buyers complete inspection of property is encouraged. 3. All announcements made by the Auctioneer at the Auction will take precedence over any previous printed material or any other oral statements made. All items will sell at Absolute Auction. 4 PAYMENTS: Only cash will be accepted. All items must be paid for in full on sale day. 5. LOAD OUT/TRANSPORTATION: Load out and transportation will be the responsibility of the buyer. Property will become the responsibility of the purchasers once pronounced sold. Buyers and their agents, will dismantle, load and remove all property at their own risk and expense. Buyers must pay in full for items prior to removal. Items must be removed on sale day and the units must be broom swept clean. Items not removed following the auction shall be subject to forfeiture. 6. AUCTIONEERS DISCLAIMER: All information including year models, horsepower, size, weight, capacity, count, square footage or other descriptions contained herein is provided without representation or warranty as to the accuracy of the same. Buyers are encouraged to personally inspect items and rely on their own judgement and inspection. All items are sold AS IS, WHERE IS with all faults if any. 7. Johnson Properties, Realtors and Auctioneers Inc. nor the sellers are responsible for any accidental injury or theft. Inventory is subject to change. 8. ATTENTION AUCTION BUYERS: We suggest that you arrive one hour prior to the Auction in order to register and have any last minute questions answered. NCAL: 7340
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Video: Lily Loveless Talks Skins
February 8, 2010 by Sean Marland
Filed under - Home, News
Lily Loveless, a young actress best known for her portrayal of a sexually confused activist Naomi Campbell in Skins, has revealed that she fibbed her way into the showbiz industry in the first place!
In a video interview with new men's lifestyle magazine publication Outre Magazine, she reveals that she simply mocked up a few photos with her step-dad and sent them off to a some unsuspecting casting agents.
If only we had realised that a career on television was so very simple! We are beginning to understand how Noel Edmonds managed it…
The rest as they say, is history. In the interview the 19 year old discusses the new series of Skins, and 'doing things' with Penelope Cruz. Nice…


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Rough Day
Tuesday, December 04, 2012
Something happened at work today, that, though minor, really pissed me off. In fact, thinking about it still makes me mad, so I am not even going to type it out. But I bring it up because I was in such a pissed off mood about it that I could have easily just come home, put my pjs on, and crawled into bed. BUT I have my 31 Day Challenge going on, so I HAD to get in a workout. And I did. And honestly, it calmed me down - hence why I dont want to type it all out and make myself madder again.
Today I did another 10 Minute Solution dvd - It was some sort of Bootcamp dvd. I did 3 of the 5 workouts, totalling about 32 minutes. The first dvd included bootcamp style drills - nonstop for 10 minutes. So fun! Then I did a Total Body Workout. I used 5lb dumbbells and that was good. I could have used heavier weights, but I wouldnt have been able to hold them because of my thumb. I still think I'll feel it in the morning, though. I definitely struggled a bit with that workout - 10 minutes is seriously no joke! I ended with a 10 minute ab workout. I dont think I have ever worked my abs that hard. I super struggled on that one. My abs are going to be hurting tomorrow! However, the ab workout definitely didnt keep my HR up. In fact, after about 10 minutes, my HR lowered to about 115 and never elevated again. It's definitely not cardio intensive, but those ab moves are killer, so I guess it's a fair exchange. Overall though, I am still super impressed with these 10 Minute Solution dvds - my only regret is not finding them sooner :)
I struggled trying to get to sleep last night, so I am going to head up to bed soon, finish up my bookclub book, and hopefully get some decent sleep tonight. I had intended on baking cupcakes tonight, but I think sleep is more important for now.
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1447 days ago
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You have the best solution for a bad day...working out!!
1460 days ago
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Here's to a better tomorrow!
1460 days ago
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Sounds great! Sorry you had a bad day, exercise does always help
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You are making me want those DVDs... but I have way too many fitness DVDs already!!
Hope the work thing gets resolved and you got some good sleep last night!
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So sorry about the poopy day BUT its a brand new day today!! Love you, Raine!
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Sleep is better for you
than cupcakes
1460 days ago
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It's amazing what a workout can do for your mood! I've had many "angry runs" on my treadmill. I always sleep SO good after my angry runs too. LOL! Hope you have a good night of sleep and a better day tomorrow. :)
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Workouts are a great way to get out stress and frustration from a bad day. Great job
Sorry you had a bad day I hope tomorrow is better
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Today's Devotional
Confession and BlessingHow does repentance reveal our faith and trust in Jesus?
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- Mission Network News In Haiti 2010Mission Network News' Greg Yoder traveled to Haiti to see the earthquake damage for himself and to help Compassion International raise money for their program in the earthquake zone.missionnetworknews2010-10-02T02:01:30967 views00:08:40
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Opening hours news
All Library branches will be closed December 24, 2015 through January 3, 2016
All McGill Library branches will be closed December 24, 2015 through January 3, 2016. To learn more about the opening hours of a specific branch, please click here. We look forward to seeing you in the new year.
Easter weekend Library hours
The following branches will be open for study 24 hours over the Easter weekend (Friday, April 18 through Monday, April 21): Humanities and Social Sciences LibrarySchulich Library of Science and EngineeringNahum Gelber Law Library
Library hours during Thanksgiving weekend
Most Library branches will be closed on Monday, October 14 (Thanksgiving Day). Many Library branches will be open with modified hours for study over the weekend, with some offering services. Please visit the individual branch pages on the Library website for details regarding opening and service hours. The Humanities and Social Sciences Library, located in the McLennan-Redpath Library Complex, will be open for study on Monday, October 14 from 8am to midnight. Services will be closed.


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One Day Shimba Hills Safari You will be picked from your hotel at around 6.00 am and drive to Shimba Hills, a distance of 35 kms from Diani arriving at the gate at around 6.30 am. Begin a game drive visiting Sheldrick Waterfalls at 11.00 am escort
African Home Adventure Safaris is offering sustainable and affordable friendly Safari Tours in Kenya and Tanzania, Kilimanjaro Climbing Tours, Group Adventure Travels and Kenya Voluntary and Community Development since 2001.
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David Mindy Goldman, Age 56 - Advanced Background Checks
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Today, I got in trouble at work because the person whom I trained, and had done everything correctly with no mistakes and said he was comfortable being on his own when I asked, was screwing it all up over the course of 6 weeks. When I asked him, he said, "I think my way's better than yours." FML
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I hate to state the obvious, but the Conservative Party of Canada has some problems right now. There are very few things the average Joe dislikes more than people who say one thing and do another. This notion applies as equally to the individual as it does to politicians and political brands.
The Conservatives . . . → Read More: Musings on Canadian Politics: Haircuts and highlights: Conservative MP Eve Adams on accountability


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Using Essential Oils in Soy Candle Making
by Diane
Hi, I'm from Australia. I love your site! Thank you for sharing. Unfortunately, I can't find another website like yours in Australia!
I'm having trouble with scenting my soy wax candles - trying to get cold and hot throw. It's not working!!
I bought a soy candle and fell in love with it.
Its hot and cold throw was so strong it filled up my whole house. I just loved it.
Now I'm starting to make my own candles. I thought it would be easy! Didn't realise how complicated until after getting in to it.
I'm confused now after reading your web site saying essential oils are better than fragrance oil due to being more natural. I had no idea - thought only fragrance oil is made to be used in soy wax, and essential oils for soap, etc.
I'm not very good at converting your measurements because in Australia we use ml or kg or litres.
You guys use oz, which I find confusing.
I've been searching for the past 3 weeks how much fragrance oil to put in my soy wax. Of course, I undertand it depends on how much soy wax I'm using as well.
Just so frustrated to the point where I'm almost losing hope and interest. Thanks for your time.
Kind regards, Diane
Hi Diane, making candles is one of the trickier aromatherapy projects, so you're not alone in feeling frustrated.
Essential oils ARE more natural than fragrance oils, but they'll never give you the hot or cold scent throw you get from fragrance oils. Essential oils are just not as strongly scented. So if you want a strong scent throw, use fragrance oils instead of essential oils.
Different types of wax accept different amounts of fragrance oil, but a good rule of thumb is 30 mls of fragrance oil for every 454 grams of wax.
You want your fragrance oil to be roughly 4-6% of your total recipe.
You might find that your local craft store has classes you could join. Or you could ask if they'd be willing to set some up. Or check your local classified ads for handmade candles and see if a crafter in your area would be willing to teach a small class. You might find it helpful to get some hands-on coaching instead of trying to struggle through on your own.
I hope that helps, Diane. Good luck!
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April 24, 2012
ALMA CLARISA HERNANDEZ, ET AL., PLAINTIFFS,v.VALLCO INTERNATIONAL SHOPPING CENTER, LLC, ET AL.,DEFENDANTS.
JOINT REQUEST BY PLAINTIFFS AND DEFENDANT TGI FRIDAY'S, INC. TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE AND DATE SET FOR AMENDMENT OF PLEADINGS; [PROPOSED] ORDER Assigned to Honorable Edward J. Davila
Plaintiffs Alma Clarisa Hernandez, Theresa Wallen and Ronald Moore ("Plaintiffs"), 20 together with Defendant TGI Friday's, Inc. ("TGI Friday's") hereby respectfully request that 21 the Court again continue the Further Case Management Conference currently set for May 4, 22 2012, and the deadline of May 4, 2012 for amendment of pleadings, for the following reasons: 23
1. This matter was brought by Plaintiffs under the Americans with Disabilities Act Title III ("ADA") to have alleged barriers to their access removed from defendants' facilities 25 located at the Vallco Shopping Mall in Cupertino, California. Accordingly, this Court's 26 General Order 56 ("GO 56") has governed the procedural course of this matter to date. The 27 mediation as to all defendants except defendant TGI Friday's took place on March 8 and 9, 28 2012 which mediation resulted in settlement being reached with all participating defendants.
Defendant TGI Friday's was unable to attend the mediation on March 8 and 9, 2012. 2
2. The remaining mediation as to TGI Friday's has been tentatively set for June 7 or June 11, 2012 pending confirmation by the mediator. During the intervening time, Plaintiffs 4 and TGI Friday's have been actively and diligently involved in productive settlement 5 discussions and are cautiously optimistic that a settlement will be reached. 6
3. Plaintiffs have now resolved this matter as to all defendants except TGI Friday's. 3 Plaintiffs have either dismissed the settling defendants or will be doing so shortly pending 8 finalizing the settlements. 9
4. The purpose of GO 56 is "to require the parties to engage in a structured process 7 10 designed to achieve early compliance with the ADA while minimizing the adversarial litigation 11 process and concomitant fees." White v. Ming R. Shen, 2011 U.S. Dist. LEXIS 2174 (N.D. 12 Cal. Jan. 5, 2011). The Further Case Management Conference will best serve the purpose of 13 GO 56 if held after the TGI Friday's mediation in order to afford the parties an opportunity to 14 reach an informal resolution prior to incurring the costs preparing for and attending the 15 conference. 16
5. Requiring amendment of Plaintiffs' operative complaint prior to the completion of 17 mediation will also needlessly add significant attorney fees to address allegations against TGI 18 Friday's who may be dismissed after mediation. Plaintiffs must amend their complaint to 19 conform to the standing requirements of Chapman v. Pier One Imports (U.S.), Inc., 631 F.3d 20 939 (9th Cir. 2011) (decided after Plaintiffs' filing of their Second Amended Complaint) and 21 also to allege every barrier they seek to have removed from each of defendants' facilities 22 (information obtained as a result of the joint site inspections which occurred after Plaintiffs' 23 initial filing). Amongst other relief, Plaintiffs seek the recovery of attorney fees and costs in 24 this matter. Therefore, minimizing the amount of such fees is beneficial to TGI Friday's as 25 well as conserves the resources of the Court. 26
6. Accordingly, Plaintiffs and TGI Friday's hereby respectfully request that the Court 27 continue the Further Case Management Conference to a date after June 28, 2012 to afford time 28 for the completion of mediation, and the last date for Plaintiffs to file a motion or stipulation 2 for leave to amend their Second Amended Complaint to June 28, 2012. 3
Upon request of Plaintiffs and Defendant TGI Friday's, Inc., and good cause appearing, 14 set for May 4, 2012 be continued to ______________, 2012 at ________ in Courtroom 4. The
IT IS HEREBY ORDERED that the Further Case Management Conference currently
Parties are ordered to file an updated Case Management Conference Statement one week prior 16 to the conference. 17
IT IS FURTHER ORDERED that Plaintiffs shall have to and including June 8, 2012
28, 2012
to file a stipulation or motion to amend their Second Amended Complaint. 19
This order supersedes Docket Item No. 288.
United States District Court Judge
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Ethiopian Airlines announced the Africa Finance Corporation, and other financial institutions, has concluded the co-financing of five B777-260LR for the carrier (punchng.com, 06-Jul-2011). The project is financed with senior debt from United States ExIm Bank. The AFC provided USD24 million as part of a second lien loan tranche, along with contribution from Africa Development Bank and PTA Bank. The new aircraft will expand Ethiopian Airlines' capacity on long-haul routes from its Addis Ababa hub.
Ethiopian Airlines concludes financing of five B777-260LRs
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Mauritius Pt 2: Air Mauritius faces intensifying competition and challenges in developing a new hub
Air Mauritius has returned to profitability and is keen to pursue expansion in support of an ambitious hub strategy by its government shareholder. The airline turned an EUR18 million operating profit in the year ending Mar-2016 as passenger numbers grew by 9.4% - representing the fastest growth in five years.
Mauritius is geographically well positioned to attract sixth freedom traffic between Africa and Asia, a fast-growing market. However, competition is intensifying in the Africa-Asia market and in Mauritius, which could make it difficult for Air Mauritius to succeed at developing a new east-west hub while maintaining its new-found profitability.
This is the second part of an analysis report on Air Mauritius and the Mauritius market. The first report looked at Air Mauritius' expansion in Asia, and the need to bolster its network in continental Africa in order to secure more sixth freedom traffic between Asia and Africa. It also examined the impact of AirAsia X's Oct-2016 launch of services to Mauritius. In this half of the report CAPA will look in more detail at the intensifying competition in the Mauritius market; how this may impact Air Mauritius' new-found profitability and its ability to further develop an Africa-Asia hub.
Mauritius Pt 1: Africa-Asia hub develops with Air Mauritius 12th Asian destination, AirAsia X launch
Mauritius is pursuing an ambitious hub development strategy aimed at positioning the small Indian Ocean country for transit traffic in the fast-growing Africa-Asia market. The government is investing in expansion and fleet renewal at Air Mauritius while also promoting the hub to other airlines.
Following the 12-Jul-2016 launch of Guangzhou services Air Mauritius has overtaken Ethiopian as the African airline with the largest Asia Pacific network. Air Mauritius is keen to continue expanding its operation in Asia and in parallel to develop its now limited African regional network to support Mauritius' hub aspirations.
AirAsia X plans to launch services to Mauritius in Oct-2016, becoming the only Asian airline in the Mauritius market. Competition has already intensified in the market with the launch of services from Turkish Airlines, and Emirates' starting to deploy its high density 615-seat A380. The intensifying competition could threaten Air Mauritius' newfound profitability but the airline is also eager to forge new partnerships.