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Court of Appeals of Illinois, First District, Third Division
December 18, 2013
BRADLEY GORAL, Plaintiff-Appellant,v.ILLINOIS STATE BOARD OF EDUCATION, THE BOARD OF EDUCATION OF NEW TRIER TOWNSHIP HIGH SCHOOL DISTRICT 203, and LAWRENCE COHEN, Defendants-Appellees.
Appeal from the Circuit Court of Cook County. No. 12 CH 26508, 12 CH 30283 Honorable Mary L. Mikva, Judge Presiding.
Presiding Justice Hyman and Justice Neville concurred in the judgment and opinion.
¶ 1 Plaintiff-appellant, Bradley Goral, appeals from an order of the circuit court affirming a decision by defendant-appellee Board of Education of New Trier Township School District 203 (Board) terminating his employment as a teacher at New Trier Township High School District 203 (District). Goral contends that in connection with a fitness-for-duty examination, the District violated the Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110/1 et seq. (West 2010)) (Act). Goral further argues that the hearing officer violated the Illinois School Code (105 ILCS 5/24-2 (West 2010)) (Code), by failing to timely schedule his dismissal hearing and raising a new charge against him during the administrative hearing and that, in any event, the hearing officer's determination on the new charge is contrary to the manifest weight of the evidence. For the reasons that follow, we affirm.
¶ 2 In this appeal, Goral does not challenge the Board's conduct in issuing him a notice to remedy (based on conduct further described below) or requiring him to attend a psychiatric fitness-for-duty exam. It is also undisputed that Goral failed to (1) attend the exam and (2) notify the District that he would not attend, thus causing the District to incur a $1, 000 cancellation fee. Goral contends that the Board's violation of the Act warranted his refusal to comply with its directives.
¶ 3 The parties provide an extensive recitation of the facts leading up to Goral's termination. We recite only so much of the facts as is necessary to provide a framework for discussion of the issues raised in this appeal.
¶ 4 Goral was hired as a chemistry teacher in the District in 1983. In April 2011 an administrator received a complaint from a parent about difficulty a student was having with Goral responding to the student's questions in class. After the science department chair sent Goral a memo summarizing the parent's concerns and asking for Goral's input, Goral initially responded that the complaint was "gibberish and nonsense" and that the parent's comments (which were, at the request of the parent and student, anonymous) were "libelous" and "criminal." Goral demanded an apology from the department chair and that the District pursue criminal charges against the parent. Goral later demanded the identity of the student and parent indicating that he wanted to file a lawsuit.
¶ 5 Over the next several months, the tenor of Goral's communications and interactions with District administrative personnel escalated. Goral filed a grievance against the District's assistant superintendent and his department chair accusing them of harassing him and of engaging in "patently criminal" conduct. The Board ultimately rejected Goral's appeal from an adverse determination on his grievance.
¶ 6 While his grievance was pending, Goral refused to cooperate with directives from Linda Yonke, the District superintendent, to schedule observations of his classroom and pre- and post-observation conferences. Again, the tenor of Goral's communications–reflected in email exchanges–was accusatory and, increasingly, threatening.
¶ 7 Ultimately, on June 24, 2011, after Goral refused to meet with her regarding the ongoing dispute (instead responding in an email with the subject line, "Commands of June, " that his only obligation was to rebuke Yonke, who believed her directives were the "commands of God"), Yonke suspended Goral for five days without pay and informed Goral that she was recommending that the Board issue Goral a notice to remedy. Yonke warned Goral that his violation of the directives in the notice to remedy "could result in further disciplinary action, including termination." Goral responded in an email in which he referred to Yonke as a "broken record" and asserted that he was not required to submit to her authority. In the course of appealing his suspension, Goral advised Yonke and the Board that he had contacted the FBI and that Yonke had "grossly underestimated" how angry he was.
¶ 8 On July 8, 2011, Yonke sent Goral a memo regarding her recommendation that the Board issue him a notice to remedy. Yonke informed Goral that based on his conduct since receiving the parent's complaint, including his angry and irrational responses, she questioned his fitness for duty as a teacher. The memo identified the following four directives incorporated in the notice to remedy:
"1. You are to interact with your colleagues in a collaborative, professional, respectful and courteous manner. Your colleagues include, but are not limited to, the Superintendent, the Assistant Superintendent for Curriculum and Instruction, the Director of Human Resources and your Department Chair.
2.You are to follow the work-related directives of your supervisors promptly and in a collaborative, professional, respectful and courteous manner. Your supervisors include, but are not limited to, the Superintendent, the Assistant Superintendent for Curriculum and Instruction, The Director of Human Resources and your Department Chair. This directive includes, but is not limited to, engagement in all designated components of the teacher evaluation process.
3.You are to be examined by a health professional designated by the Superintendent to evaluate and report to the Board and to the Superintendent regarding your fitness to perform your duties as a teacher in this School District. You are to cooperate fully with the health professional, including, but not limited to, the signing of any necessary releases, so as to permit the health professional to fully evaluate and report on your fitness to perform your duties.
4.You are to comply with these directives fully, promptly and in a collegial, respectful, courteous and professional manner and to sustain that compliance for the remainder of your employment in this School District."
¶ 9 In response to this memo, Goral sent Yonke and the Board an email with the subject line, "Warning, " in which he accused everyone involved of criminal conduct and abuse of authority. Goral further stated that "the potential for prison time is staggering." Yonke informed Goral that this email was another example of the behavior he had been directed to cease. The notice to remedy was later revised to include the communications with the Board within the scope of its directives.
¶ 10 The Board adopted the notice to remedy on July 18, 2011. The notice states that Goral's "failure to comply with the directives even to a minor degree, will most likely result in further disciplinary action, including suspension without pay and dismissal as a tenured teacher."
¶ 11 On July 26, 2011, in accordance with the notice to remedy, Yonke directed Goral to attend a mental health fitness-for-duty exam. Yonke informed Goral that an appointment had been scheduled with Dr. Marie-Claude Rigaud, a psychiatrist, for August 10. Yonke directed Goral to contact her no later than August 1 to confirm his attendance at the appointment. Attached to the memo was a release that Yonke directed Goral to sign. The release authorized Dr. Rigaud "to share the results of her examination with, and make a report to the Board."
¶ 12 Between July 26 and August 10, Goral, despite repeated inquiries from Yonke, refused to confirm his attendance at the exam. Prior to August 10, Yonke informed Goral that if he failed to attend the exam, she would recommend to the Board that he be suspended and that his employment be terminated. Yonke also informed Goral that the District would incur a significant cancellation fee if he failed to attend the exam. Ultimately, Goral failed to attend the exam and the District incurred a $1, 000 cancellation fee.
¶ 13 The Board adopted a resolution dismissing Goral as a tenured teacher at its August 22, 2011, meeting. On September 8, Goral requested a hearing to challenge his dismissal. After an evidentiary hearing held on February 16-17, 2012, the hearing officer, on June 11, 2012, issued a decision recommending to the Board that Goral's termination be upheld. The hearing officer found that Goral's postnotice communications with his supervisors and the Board as well as his refusal to attend the fitness for duty exam were blatant violations of the notice to remedy.
¶ 14 On July 16, 2012, the Board adopted a resolution dismissing Goral and incorporating the hearing officer's findings. Goral filed a petition for administrative review, and on February 6, 2013, the circuit court, after holding an extensive hearing on the factual and legal issues presented, affirmed the Board's decision. Goral timely appealed.
¶ 16 The District first contends that Goral has waived issues regarding the Board's alleged violation of the Act by failing to raise them at the administrative level. See Chicago Teachers Union Local 1 v. Chicago School Reform Board of Trustees, 338 Ill.App.3d 90, 103 (2003) ("For purposes of administrative review, a party waives review of arguments not raised before the administrative agency."). Although during the administrative proceedings, Goral claimed that the aspect of the notice to remedy requiring him to attend a psychiatric fitness-for-duty exam was "illegal, " he never specifically raised arguments regarding any violation of the Act. However, the application of the Act was briefed by the parties and resolved by the circuit court. Further, the application of the Act to the Board's notice to remedy presents a question of law, which we review de novo. City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2D 191, 205 (1998). Consequently Goral's failure to raise issues regarding the Act's application at the administrative level does not impair our ability to resolve them on appeal. Given that waiver is a limitation on the parties and not the court (Halpin v. Schultz, 234 Ill.2d 381, 390 (2009)) we elect to address the issues regarding the Act's application that Goral raises on appeal, with one exception discussed below.
¶ 17 Under the Act, "any record kept by a therapist or by an agency in the course of providing mental health or developmental disabilities service to a recipient concerning the recipient and the services provided" is confidential. 740 ILCS 110/2 (West 2010). The Act defines a "recipient" as "a person who is receiving or has received mental health services"; a "therapist" is, in turn, a "psychiatrist, physician, psychologist, social worker, or nurse providing mental health services." Id. "Mental health services" include, but are not limited to "examination, diagnosis, evaluation, treatment, training, pharmaceuticals, aftercare, habilitation or rehabilitation." Id.
¶ 18 Goral contends that the Act's provisions applied to the Board's directive that he attend a fitness-for-duty exam and that, under section 10(a)(4) of the Act (740 ILCS 110/10(a)(4) (West 2010)), the Board was required to obtain a court order before requiring him to attend and authorize disclosure of the results of the exam. Essentially, Goral contends that anytime an employee is required to submit to a fitness-for-duty exam entailing an assessment of the employee's mental health, the Act requires the employer to obtain a court order in advance of the exam authorizing disclosure of the results of the exam, despite the absence of any such requirement in the Code.
¶ 19 The issues raised by Goral under the Act are, at bottom, focused on release of the results of the fitness-for-duty exam and not on the District's authority to require him to submit to the exam. As the Board correctly points out, Goral was not terminated for failing to authorize the release of records relating to the fitness-for-duty exam, but for refusing to attend the exam and for other conduct the hearing officer determined was insubordinate. Thus, the Board contends that Goral's arguments regarding the form of the release attached to the notice to remedy are not properly before us. We agree.
¶ 20 Had Goral attended the exam and raised an issue regarding the scope of the release and the information to which the District was entitled, we would have a concrete context in which to evaluate such a claim. But having failed to attend the exam, Goral's argument regarding the form of the release that accompanied the notice to remedy is clearly an after-the-fact justification for his refusal to participate in the exam. The record does not reveal that Goral ever informed the District that he would attend the exam if the form of release was modified. On appeal Goral concedes that the District could properly require him to participate in a fitness-for-duty exam and that, even under Goral's reading of the Act, the District could also properly obtain, at a minimum, the ultimate fitness recommendation following the exam without implicating any concerns under the Act. Under these circumstances, we will not permit Goral to raise here issues regarding the form of the release that could have been addressed had Goral attended the exam and raised these issues at the administrative level. Thus, we find that Goral has forfeited arguments, including his estoppel argument, relating to the form of the release and we will not consider them.
¶ 21 The issue remains, however, whether the Act applies to fitness-for-duty exams in which an employee's mental health is evaluated. Goral cites Sangirardi v. Village of Stickney, 342 Ill.App.3d 1 (2003), in support of his contention that the Act applies in this context. In Sangirardi, a police officer submitted to a fitness-for-duty exam, but refused to authorize release of the results of the exam, citing the provisions of the Act. Id. at 5. The Sangirardi court found "no merit" in the police officer's contention that he could refuse, based on the Act's provisions, to release the results of his fitness-for-duty exam to the police chief. Id. at 14-15. Mindful of the Act's "strong statement" regarding the "importance of keeping mental health records confidential, " this court concluded that a directive from a superior to disclose the results of a fitness-for-duty exam did not compel the release of the police officer's mental health records within the meaning of the Act. Id. at 16. Although Goral recognizes that the fitness-for-duty assessment itself may be disclosed, he contends that Sangirardi stands for the broader proposition that the Act applies to records beyond the actual fitness assessment generated in connection with fitness-for-duty evaluations.
¶ 22 In a related context, the Illinois Supreme Court in Johnston v. Weil, 241 Ill. 2D 169, 185 (2011), determined that no violation of the Act occurred when a court-appointed psychiatrist's report prepared at the direction of the trial court in a child custody dispute was disclosed to other parties. The certified question addressed in Johnston considered whether a report prepared pursuant to section 604(b) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/604(b) (West 2006)), authorizing a trial court to "seek the advice of professional personnel" in child custody matters, constituted confidential information within the meaning of the Act. Weil, 241 Ill.2d at 171, 176. The subject of the report contended that when the professional consulted is a psychiatrist, the Act required that the report remain confidential. Id. at 172.
¶ 23 Considering the plain language of the Act, the supreme court observed that its purpose was to " 'preserve the confidentiality of the records and communications of persons who are receiving [and] who have received mental-health services' " (id. at 182 (quoting Novak v. Rathnam, 106 Ill.2d 478, 483 (1985))), and that it " 'only applies to situations in which the patient is seeking treatment for a mental health condition' " (id. at 183 (quoting House v. SwedishAmerican Hospital, 206 Ill.App.3d 437, 446 (1990))). The court concluded that the court-appointed psychiatrist "was not retained as a therapist to treat plaintiff[ ], " but, rather, was an independent professional "whose sole function was to make an evaluation for the circuit court." Id. at 183-84. Because the psychiatrist and plaintiff "were not engaged in a therapeutic relationship, " the court found that the Act did not apply. Id. at 184.
¶ 24 Johnston controls the resolution of Goral's contentions in this case. Goral and Dr. Rigaud were clearly not engaged in a therapeutic relationship within the ambit of the Act. Goral was referred to Dr. Rigaud by the District and Dr. Rigaud was retained, not by Goral, but by the District, specifically for the purpose of evaluating Goral's mental health as it related to his fitness for continued employment. Having acknowledged the District's right to require him to undergo a fitness-for-duty psychiatric exam, it follows that the District was entitled to also require Goral to disclose the results of that exam and, as Johnston concluded, the Act was not implicated by that disclosure. Because we conclude that the results of Goral's fitness-for-duty exam were not covered by the Act, we need not address the alternative bases raised by the Board under the Act for rejecting Goral's contentions.
¶ 25 Goral also contends that the Board failed to timely schedule a hearing following his challenge to the proposed termination. At the time the Board adopted the resolution authorizing Goral's termination on August 22, 2011, section 24-12 of the Code required that if a teacher requested a hearing on a proposed dismissal, "the board shall schedule a hearing on those charges before a disinterested hearing officer no less than 15 nor more than 30 days after enactment of the motion." 105 ILCS 5/24-12 (West 2010). Goral contends that because his hearing, ultimately held in February 2012, was not scheduled within the foregoing time limits, the Board lost jurisdiction to terminate him. Effective June 13, 2011, the Code was amended to remove the foregoing time limitations for all dismissals "instituted" after September 1, 2011. Pub. Act 97-8 (June 13, 2011); 105 ILCS 5/24-12(d)(11) (West 2012).
¶ 26 The Board first contends that it is the amended version of the Code that applies to the hearing conducted in Goral's case and, therefore, his timeliness argument is without merit. The Board reasons that Goral's dismissal was not "instituted" until he demanded a hearing and because Goral's demand for a hearing was not requested until September 8, 2011, the amended provisions of the Code apply. We disagree.
¶ 27 A teacher's dismissal is not "instituted" by the teacher's demand for a hearing; it is instituted by the action of the Board in approving a resolution calling for the teacher's dismissal. The Board's resolution is the mechanism under the Code for setting in motion the procedures that ultimately culminate in a determination as to whether the disciplinary action proposed is warranted. See Board of Education of Community Consolidated School District No. 54 v. Spangler, 328 Ill.App.3d 747, 753 (2002) (quoting Combs v. Board of Education of Avon Center School District No. 47, 147 Ill.App.3d 1092, 1097 (1986)) ("when the board adopts charges to dismiss a teacher it 'sets the dismissal process in motion' "). Thus, because Goral's dismissal was instituted on August 22, 2011, we conclude section 24-12's pre-amendment time limitations apply.
¶ 28 The Board next contends that even if the time limitations in section 24-12 apply, they were substantially complied with under the circumstances presented here. This issue, which asks us to determine the legal effect of a given set of facts, presents a mixed question of law and fact, which we review under the clearly erroneous standard. AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill.2d 380, 391 (2001) (citing City of Belvidere, 181 Ill.2d at 205). An agency's determination on a mixed question of fact and law will be overturned only if it is "clearly erroneous." Id. A determination is clearly erroneous if, after reviewing the record, the court is left with the "definite and firm conviction" that the agency made a mistake. Id. at 393.
¶ 29 Here, the hearing officer concluded that in a draft bill of particulars delivered to Goral on August 18, 2011, Yonke scheduled a hearing on Goral's dismissal for September 20, 2011, or 29 days after the August 22, 2011, resolution by the Board. As Goral points out, it is the District's obligation to schedule a hearing under section 24-12. There is no evidence in the record that the parties did not intend to comply with the originally scheduled date nor is there any requirement in the Code that a hearing date be included in the final resolution adopted by the Board. See 23 Ill. Adm. Code 51.30, amended at 29 Ill. Reg. 10108, 10113 (eff. June 30, 2005) (providing that "[a] motion approved by a board pursuant to Section 24-12 of the School Code may include a scheduled date for a hearing" (emphasis added)). Therefore, we cannot say that the hearing officer's determination that there was "substantial compliance" with section 24-12's time requirements for scheduling a hearing is clearly erroneous.
¶ 30 Furthermore, Goral did not timely object to the delay in scheduling the hearing. Although it would have been apparent by the end of September that the 30-day window for scheduling a hearing had passed, Goral first raised an objection to the timeliness of the hearing in a January 27, 2012, letter to the hearing officer. Between September 2011 and January 27, 2012, Goral participated without objection in the selection of a hearing officer and the prehearing process. Our supreme court has held that a party may waive an objection to the timeliness of a hearing scheduled under section 24-12. Grissom v. Board of Education of Buckley-Loda Community School District No. 8, 75 Ill.2d 314, 324 (1979). Moreover, because the pre-amendment time limitations in section 24-12 are not jurisdictional, a failure to adhere to the statutory timeline did not, in any event, divest the Board of jurisdiction. See Watts v. Board of Education, School District No. 189, 125 Ill.App.3d 532, 539-40 (1984); Rolando v. School Directors Of District No. 125, 44 Ill.App.3d 658, 663 (1976). For these reasons, we reject the timeliness of Goral's hearing as a basis for reversal.
¶ 31 Goral claims error in the hearing officer's reliance on his email communications following the notice to remedy on the grounds that those communications were not identified in the bill of particulars and, even if they could be considered, the hearing officer's conclusion that they violated the notice to remedy is contrary to the manifest weight of the evidence. The record reveals that Goral did not object to evidence of his post-notice to remedy emails during the administrative hearing, nor did he raise the issue of the alleged "new charge" in his complaint for administrative review. In his complaint in the circuit court, Goral only raised the issue of whether the hearing officer's findings in this regard were contrary to the manifest weight of the evidence. Therefore, we conclude that Goral's claim that a "new charge" was raised in his administrative hearing has been waived. Lehmann v. Department of Children & Family Services, 342 Ill.App.3d 1069, 1078 (2003); North Avenue Properties, LLC v. Zoning Board of Appeals, 312 Ill.App.3d 182, 185 (2000).
¶ 32 Moreover, Goral's emails following the notice to remedy were a continuation of the pattern of insubordination that prompted the notice to remedy in the first place. In response to an email from Yonke on August 8, 2011, advising Goral that the time of his appointment with Dr. Rigaud had been changed and to contact her if he had any questions, Goral wrote: "Yes, I have two questions actually. Do I have the right in this school to be treated justly under the law and under Board Policy? Under the law and under Board Policy, do I have a right to be treated equally to those who have formal authority over me at work?" Goral also informed Yonke in another email the same day that the Board actions were "not authoritative." Finally, on August 17, 2011, Goral wrote to the Board, which had upheld his 5-day suspension, and informed them: "Your suspension of me is a violation of the law . I expect you to revoke the suspension in writing, by certified mail, by Monday, August 22 at 7:30 a.m., which is the normal time I leave for work ."
¶ 33 Between issuance of the notice to remedy on July 18, 2011, and the administrative hearing, Goral was advised that the tenor of his emails was deemed violative of the notice to remedy's directive that he interact with his supervisors in a "collaborative, professional, respectful and courteous manner." In the notice to remedy Goral was also advised that his failure to comply with its directives, "even to a minor degree, " could result in his termination. Consequently, Goral was "fairly apprised" of the deficiencies that the Board believed warranted his termination (see Wade v. Granite City Community Unit School District, No. 9, 71 Ill.App.2d 34, 36 (1966)), and he cannot claim surprise that the subject of his post-notice to remedy emails was addressed at his administrative hearing. Nor is the hearing officer's determination that those communications violated the notice to remedy contrary to the manifest weight of the evidence.
¶ 34 Finally, wholly apart from the post-notice to remedy emails, Goral's refusal to attend the fitness-for-duty exam was clearly insubordinate and provides an independent basis, standing alone, for his termination. For these reasons, we conclude that the Board's decision to terminate Goral must be affirmed.
¶ 35 Affirmed.
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Re: James H. Wofford 1828-1862 Jackson Co., GA
In reply to:
Re: James H. Wofford 1828-1862 Jackson Co., GA
Ellen Bernardo 3/07/10
Have you figured out yet, which son of Absalom and Hannah Wofford would have been James Hopson Wofford's parents?
These are some of the known marriages of Woffords in Jackson Co., GA.
Cynthia Wafford - Westley M. Cooley 26 May 1833 Jackson
Elizabeth Wafford - William Wallace 13 Jan 1833 Jackson
Elizabeth Wafford - Thomas Clayton 15 Jul 1838 Jackson
James H. Wafford - Maryann Ervin 07 Feb 1847 Jackson
John Wafford - Jenny Wallis 28 Jul 1830 Jackson
John Wafford - Elizabeth Hartwick 16 Jul 1837 Jackson
Isom B. Allen - Martha Waford 16 Aug 1845 Jackson
Isom B. Allen - Doleksa Cooley 3 Feb 1857
Hiram Allen - Sintha Cooly 11 Aug 1842 Jackson
I know who Cynthia Wofford was and I know who Martha Wofford were.Cynthia my 2nd gr. grandmother, married second to Hiram Allen. Martha Wofford I believe was her younger sister who was married to Isom B. Allen, son of Hiram Allen.After Martha's death Isom B. Allen remarried to Doleska Cooley, dtr of Cynthia Wofford and Westley M. Cooley.
John Wofford who married Jane "Jenny" Wallis was allegedly the son of Absalom Wofford, Jr, and grandson of Absalom and Hannah Wofford,Sr.Jane "Jenny" Wallis was the dtr. of John Wallis and Hannah Wofford who was the dtr. of Absalom Wofford, Sr. and Hannah Wofford.


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United States District Court, Seventh Circuit
September 25, 2013
DARIUS GAY, Plaintiff,v.CITY OF EAST MOLINE, East Moline Police Officers DOUG AVERILL and JOHN SHOWALTER, Defendants.
SARA DARROW, District Judge.
Plaintiff Darius Gay alleges that on February 22, 2012, Defendants Averill and Showalter unlawfully seized, arrested, and battered him. Plaintiff sued the Defendant-Officers and their employer, the City of East Moline, on a number of grounds. The Court has jurisdiction over Plaintiff's Section 1983 claims pursuant to 42 U.S.C. § 1331 and 1343(a). The Court has supplemental jurisdiction over Plaintiff's state law claims pursuant to 42 U.S.C. § 1367(a).
The Defendants move to dismiss Plaintiff's state law battery claim (Count VI), arguing that Plaintiff failed to state a claim upon which relief can be granted. ECF No. 10. Defendants also argue that Plaintiff's claim for punitive damages should be dismissed. The Court will first address whether Plaintiffs have stated a claim and then move onto whether Plaintiff's request for punitive damages stemming from the alleged battery is barred under Illinois's Tort Immunity Act. See id.
A battery occurs when a defendant intentionally causes harmful or offensive contact with the plaintiff. See Bakes v. St. Alexius Med. Ctr., 955 N.E.2d 78, 85 ( Ill. App. 2001). As to Defendant Averill, Plaintiff alleges that "Averill grabbed Plaintiff from behind and slammed Plaintiff onto the sidewalk" and "Averill elbowed Plaintiff in the head." Am. Compl. at ¶ 20, ECF No. 6. As to Defendant Showalter, Plaintiff alleges that "Showalter kicked Plaintiff in the back." Id. at ¶ 24. Plaintiff also alleged that this contact was harmful: he allegedly received injuries on account of the Defendant-Officers' actions. Id. at ¶ 46. Defendants' sole argument is that the Court is obliged to ignore these allegations because under the heading "Count VI, " Plaintiff "merely realleges paragraphs 1 though [sic] 49." The Federal Rules encourage clear and concise pleading, see Fed. R. Civ. Pro. 8(d) and 10(b), and "verbosity does not make for clarity, " see Kainz v. Anheuser-Busch, Inc., 194 F.2d 737, 744 (7th Cir. 1952). Plaintiff's Amended Complaint is not confusing and gives the Officer-Defendants fair notice that Plaintiff is accusing them of battery and also gives them fair notice of the grounds for the alleged battery. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Defendants' motion to dismiss Plaintiff's battery claim is DENIED.
I. The Tort Immunities Act
Plaintiff requests punitive damages against the individual officers for their alleged battery. Am. Compl. at ¶ 70(b). Defendants assert that the Illinois Tort Immunities Act shields them from being held liable for punitive damages as the result of any alleged battery. Illinois courts have not addressed the question of whether a Plaintiff can recover punitive damages against police officers sued in their individual capacities and district courts in this district have diverging views on the issue. See Campbell v. City of Johnston City, No. 05-cv-4072, U.S. Dist. LEXIS 35617, at *7-9 (S.D. Ill.Dec. 14, 2005).
The Illinois Tort Immunities Act is comprised of multiple, more specific Acts. Of relevance here is the Local Governmental and Governmental Employees Tort Immunity Act, see 745 ILCS 10/1-101, et seq., which is further divided into ten Articles. Only Article II is relevant to this order. See 745 ILCS 10/2-101, et seq. Article II is further divided into three Parts but only Parts 1 and 2 need be discussed. Part 1 is entitled "Immunity of Local Public Entities." Part 2 is entitled "Immunity of Public Employees."
Defendants argue that Plaintiff is barred from recovering punitive damages against them for civil battery pursuant to 745 ILCS 10/2-102. Section 2-102 is found in Part 1 of Article II and states that a "public official" cannot be held liable for punitive damages in certain circumstances:
[A] local public entity is not liable to pay punitive or exemplary damages in any action brought directly or indirectly against it by the injured party or a third party. In addition, no public official is liable to pay punitive or exemplary damages in any action arising out of an act or omission made by the public official while serving in an official executive, legislative, quasi-legislative or quasi-judicial capacity, brought directly or indirectly against him by the injured party or a third party.
As the statute indicates, Section 2-102 shields Defendants Averill and Showalter from punitive damage liability if (1) they are "public officials" and (2) they allegedly battered Plaintiff "while serving in an official... capacity."
Plaintiff argues that the Defendants are not "public officials." The Illinois Tort Immunity Act does not define "public official." One district court analyzed the issue and concluded that "public official" means "a public employee who exercises discretion in the performance of uniquely governmental functions." Reese v. May, 955 F.Supp. 869, 875 (N.D. Ill. 1996). The court in Reese found that police officers are public officials and are therefore immune from punitive damages liability under Section 2-102. Plaintiff candidly argues that Reese was wrongly decided.
II. Reese's "Public Official" Analysis
The Court will first discuss how the court in Reese reached the conclusion that "public official" means "a public employee who exercises discretion in the performance of uniquely governmental functions." Reese, 955 F.Supp. at 875. The Court will then itself analyze whether police officers are "public officials" for the purposes of the Tort Immunity Act. To begin with, the court in Reese acknowledged that the section being analyzed-Section 2-102 (found in Part 1 of Article II)-uses language that substantially overlaps with Sections 2-201 and 2-213 (both found in Part 2 of Article II). Id. at 873. The three sections can be viewed next to each other here:
Part 1: Section 2-102 Part 2: Section 2-201 Part 2: Section 2-213 [A] public official [A] public employee serving in a [A] public employee position involving the determination of policy or the exercise of discretion is [not] liable to pay is not liable for an injury is not liable to pay punitive or punitive or exemplary resulting from his act or exemplary damages in actions damages in any action omission in determining policy brought against the employee arising out of an act or based on an injury allegedly omission made by the arising out of an act or omission public official occurring within the scope of employment while serving in an when acting in the exercise of of such an employee serving in a official executive, such discretion even though position involving the legislative, quasi-legislative abused. determination of policy or the or quasi-judicia exercise of discretion when the capacity, injury is the result of an act or brought directly or omission occurring in the indirectly against him by performance of any legislative, the injured party or a quasi-legislative or quasi-judicial third party. function, even though abused.
A notable difference is that Section 2-102 uses the terms "public official" and "official... capacity" whereas Section 2-201 uses the terms "public employee serving in a position involving the determination of policy of the exercise of discretion... acting in the exercise of such discretion, " and Section 2-213 uses the terms "public employee" and "scope of employment." Nonetheless, because the court in Reese found the sections to have a "substantial" overlap in terms and involve "intricate common law concepts, " the court deemed Section 2-102 ambiguous and provided a brief history of that section. Reese, 955 F.Supp. at 873-75. The original language of Section 2-102 only covered public entities: "[a] local public entity is not liable to pay punitive or exemplary damages." Id. at 873 (quoting Ill. Rev. Stat. 1965, ch 85, § 2-102). In 1986, Section 2-102 was amended to its current form, which now immunizes "public officials" from punitive damages as well. See 745 ILCS 10/2-102. In discussing the statutory history, the court found that the 1986 amendment implied that an "expansive reading" of Section 2-102 is warranted. See Reese, 955 F.Supp. at 874.
The court in Reese attempted to reconcile Section 2-102 with Section 2-201. Section 2-201, which codified the common law doctrine of public official immunity, see Reese, 955 F.Supp. at 874 (citing Horton v. Ottawa, 352 N.E.2d 23, 24 ( Ill. App. 1976)), provides total immunity to "public employees" (which the statute broadly defines as "an employee of a local public entity, " 745 ILCS 10/1-207). Under the common law doctrine of public official immunity, a public official is entitled to immunity when he exercises good faith discretion in a duty that is uniquely related to the official's particular public office. Reese, 955 F.Supp. at 874 (internal citations omitted). Public officials who act willfully or wantonly, however, are not entitled to common law immunity. Reese therefore found that, under the common law, Section 2-201 incorporates a willful and wanton exception to total immunity. See id. at 874-75.
Reese concluded that to give Section 2-102 a meaning that is not totally subsumed by Section 2-201, the court must not include a willful and wanton exception into Section 2-102. In other words, Reese concluded that a public official is given total immunity under Section 2-201 only if she acts in good faith, but a public official is still immune from punitive damages under Section 2-102 even if she acts willfully or wantonly. See Reese, 955 F.Supp. at 875. As such, the focus of the court's analysis was on whether to include a willful and wanton exception into the definition of "public official." The court in Reese did not discuss whether a "public employee" is different than a "public official, " but rather assumed the only way to differentiate the two was by reading in a willful and wanton exception into public employee but not into public official. The court in Reese never attempted to reconcile Section 2-102 with Section 2-213 in its "public official" analysis.
The Court finds the analysis in Reese unpersuasive for several reasons. Broadly construing "public official" to include public employees who exercise discretion would sweep in many public employees not typically considered "public officials." For example, the definition of "public official" in Reese would even cover a tumbling coach. See Harrison v. Hardin County Cmty. Unit Sch. Dist. No. 1, 758 N.E.2d 848, 853 (Ill. 2001) (citing Johnson v. Decatur Park District, 704 N.E.2d 416 ( Ill. App. 1998)). Though the tumbling coach in Johnson is considered a public employee who exercises discretion, he would not ordinarily and popularly be considered a public official. The ordinary and popular meaning matters because the phrase "public official" is not defined in the Illinois Tort Immunity Act. When a term is not defined, it is presumed to have its ordinary and popularly understood meaning. People v. Beachem, 890 N.E.2d 515, 520 (Ill. 2008).
Further, Illinois courts have distinguished a public "official" from a public "employee, " suggesting that the two cannot be equated. See Rinchich v. Bridgeview, 601 N.E.2d 1202, 1211-12 ( Ill. App. 1992); Daniels v. City of Venice, 516 N.E.2d 701, 703 ( Ill. App. 1987). Unlike a mere employee, an official is typically elected or appointed and has supervisory authority. See id. This usage suggests a construction of "public official" that is narrower than any public employee that exercises discretion in the performance of uniquely governmental functions; rather, it indicates a public official is more of a figurehead of an organization.
Another fundamental principle of statutory construction is to view the phrase under consideration in the context of the statute as a whole. Hytel Group, Inc. v. Butler, 938 N.E.2d 542, 558 ( Ill. App. 2010). When the legislature amended the Local Governmental and Governmental Employees Tort Immunity Act in 1986, it added the new and undefined "public official" language to Part 1. Part 1 is entitled "Immunity of Local Public Entities." That Section 2-102, with its "public official" language, is found in Part 1 implies that the immunity conferred relates to local public entities, as both the beginning of that very section and the title of Part 1 state. Had the legislature intended "public official" to broadly cover public employees who exercise discretion, then Part 2, which is entitled "Immunity of Public Employees, " would be the natural place for the amendment. The statutory framework of Article II implies that Reese 's definition of "public official" is too broad.
Moreover, after Reese was decided, the Illinois Supreme Court expressly overruled Reese 's interpretation of Section 2-201 that read in a willful and wanton exception. See In re Chi. Flood Litig., 680 N.E.2d 265, 273 (Ill. 1997); Ries v. City of Chicago, 950 N.E.2d 631, 641-44 (Ill. 2011). Because Section 2-201 does not include a willful and wanton exception, and that exception was the key basis for reconciling Section 2-201 with Section 2-102, the definition of "public official" in Reese is called into serious question.[1] For this reason, and because the definition of "public official" in Reese is incongruent with the term's ordinary and popular meaning and inconsistent with the Act's framework, this Court will not adopt Reese 's definition of "public official."
III. Police Officers Are Not "Public Officials"
Having determined what "public official" does not mean, the Court must now determine whether police officers are public officials. For some of the same reasons that the Court rejects the analysis in Reese, it also finds that police officers sued in their personal capacities are not "public officials." For one, including the "public official" language in only Part 1 strongly implies that the immunity conferred does not broadly cover public employees (whose immunities are addressed in Part 2), but rather more narrowly covers figureheads of local public entities who are sued in their official capacities. The little bit of legislative history available also supports this narrow interpretation. The 1986 amendment that added the "public official" language was part of a bill passed in response to an insurance crisis that "had forced municipalities to close public facilities because of their inability to protect themselves with affordable insurance." See Burke v. 12 Rothschild's Liquor Mart, Inc., 593 N.E.2d 522, 528 (Ill. 1992) (citing legislative history). This implies that in order to make insurance more affordable for local municipalities, the legislature was focused on reducing liability for local municipalities-not broadly protecting public employees-when it added the "public official" language to section 2-102. In fact, the Illinois legislature was very likely responding to a 1985 Supreme Court decision that explained the difference between personal capacity lawsuits and official capacity lawsuits. See Kentucky v. Graham, 473 U.S. 159, 165 (1985) ("Personal-capacity suits seek to impose personal liability upon a government official for actions he takes under color of state law. Official-capacity suits, in contrast, generally represent only another way of pleading an action against an entity of which an officer is an agent.'" (citations and quotations omitted)). Considering that the United States Supreme Court explained in 1985 that "[a]s long as the government entity receives notice and an opportunity to respond, an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity, " it makes complete sense for the Illinois legislature in 1986 to have included immunity for public officials sued in their official capacities and put that new immunity under Part 1 of the Act. See id. at 166. By doing so, the intent of the "public official" language must have been to protect the local public entities sued via "official capacity" lawsuits. Finally, the plain and ordinary meaning of "public official" would not encompass the patrolmen sued here. See Daniels, 516 N.E.2d at 703 (explaining that officials generally are "appointed to serve for a specified time, take[] an oath of office and [have] supervisory and discretionary authority which an employee does not"). Patrolmen are not commonly thought of as public officials: they are not elected or appointed and they do not have any significant supervisory or policy-making authority. Because the structure of the Act, the timing of the 1986 amendment, the legislative history, and the ordinary meaning of "public official" all counsel against finding police officers sued in their personal capacities to be "public officials, " the Defendant-Officers have not shown they are entitled to immunity from punitive damages under 745 ILCS 10/2-102. Their motion is therefore DENIED.
For the reasons explained in this order, Defendants' Motion to Dismiss, ECF No. 10, is DENIED.
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Like many wineries our size, we employ a mobile bottling line – a veritable factory disguised as a 30' truck – instead of building our own and letting it sit dormant for 362 days per year. Each of our wines has its own timeline, but most of them fit into a winter, spring, or late-summer bottling schedule and that's when the truck comes. However, the Dessert Wines, featured this month, are an exception. For whatever reason (blindly-followed tradition is likely the best explanation) we set up a hand-bottling station out back, and proceed to fill, cork, label, wax and stack the bottles ourselves. It's horribly inefficient, potentially very messy, and no matter which station you wind up with it'll give you a sore back. On the other hand, it's a great time for everyone to be together without the buzz of loud equipment, talk about the year ahead, be goofy, be silent, listen to each other's music, and get to know each other more deeply. As I'm writing, Kara, Rod, Dylan and Jessa are labeling and waxing bottles to the Allman Brothers, and once I'm done I'll take Kara's spot so she can get this printed. So here are some thoughts on your February wines, the first two of which just went to bottle last week:
2013 Red Dessert Wine
A Port-style wine made exclusively from Touriga Nacional grapes. Ports are "made" during a crucial moment shortly after harvest: when the wine is fermenting, an addition of Brandy (fortification) must be timed perfectly to neutralize the yeast and preserve the remaining sugar. In 2013, this "perfect timing" happened to be at about 2 am! So while you're enjoying a glass of this rich, luscious and not-too-sweet wine, think of a dedicated cellar crew sporting headlamps dumping a big bucket of booze into a fermenting tank.
What a long, strange trip it's been for this 100% Viognier. Harvested at 30% sugar in October 2013, it fermented all the way through to 17.5% alcohol before finishing off-dry. So much for the original plan, which was a "late-harvest" style nectar like something from Alsace or Germany. Mari and I kept a watchful nose on the tank, though, and started to really like what emerged: bursting aromas of dried apricots, candied ginger, and a nutty, almond cake quality that developed over time. I added a bit more alcohol recently, making the category-defying wine most closely related to a White Port. Whatever you want to call it, we think it's delicious!
2011 Rive D'Or
A great Winter wine, it shows precision and focus from the cool 2011 vintage, but not at the expense of ample fruit and spice. Sophisticated aromas of black licorice, dried purple sage, and red-hot cinnamon provide a backdrop for brambly raspberry and currants. These fruits open up in a darker direction in the glass, complemented by notes of vanilla.


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May 8, 1990
Appeal from the Superior Court of the District of Columbia; Hon. Curtis E. van Kann, Trial Judge
Rogers, Chief Judge, and Newman, Associate Judge, and Kern, Senior Judge.
Appellant E.D.P., Jr., appeals from his adjudication of delinquency for violation of D.C. Code § 22-505 (a) (1986) for assault on District of Columbia employees charged with supervising juveniles confined in District of Columbia facilities, on the grounds that the trial Judge improperly applied the doctrine of "transferred intent" and that the statute is unconstitutionally vague and overbroad. We affirm.
On June 24, 1988, appellant was confined in the Oak Hill Youth Center in Laurel, Maryland, serving a two-year commitment. On that date, another detainee, W.F., came to appellant's dormitory demanding that a third resident, M.W., come out and fight. The security officer for that dormitory, Mr. Banks, unlocked the door to remove W.F. from the area. M.W. and others pushed past Mr. Banks, and M.W. and W.F. began fighting. Appellant joined the fray. Two other juvenile supervisors, Mr. Ballard and Mr. Jones, joined Mr. Banks in attempting to restore order. During the fray, appellant was swinging at W.F. and hit the three juvenile supervisors. He hit Mr. Banks in the face, Mr. Ballard in the mouth, and kicked Mr. Jones twice.
Appellant contends that the trial Judge erred in applying the doctrine of transferred intent in finding that each time appellant made physical contact with a juvenile supervisor, he had the criminal intent to cause injury to W.F.
The elements necessary to prove an assault under D.C. Code § 22-505 (a) *fn1 are the elements of assault under D.C. Code § 22-504 (1986), and a showing that the defendant knew or should have known the victim was a District employee charged with the supervision of juveniles. See Petway v. United States, 420 A.2d 1211, 1213 (D.C. 1980) (assault on police officer under D.C. Cede § 22-505 (a)). One of the elements for simple assault is that "at the time the act is committed, the defendant must have the intent to perform the acts which constitute an assault." Williamson v. United States, 445 A.2d 975, 978 (D.C. 1982). Under the doctrine of transferred intent, the trial Judge could find that where a person attempts to injure one person (W.F.), but injures another by mistake (the three juvenile supervisors), the intent of the defendant will be transferred from the intended victim (W.F.) to the actual, unintended victim (the three juvenile supervisors). See O'Connor v. United States, 399 A.2d 21, 24 (D.C. 1979) (transferred intent in murder case).
Appellant maintains that the trial Judge erred in applying the doctrine of transferred intent since the assault statute with which he is charged imposes greater penalties than the regular assault statute, D.C. Code § 22-504. He relies on United States v. Montoya, 739 F.2d 1437, 1438 (9th Cir. 1984) (18 U.S.C. § 111 -- assault on a federal officer -- identity of victim held crucial). However, the evidence was undisputed that appellant was aware of the presence of the three juvenile supervisors and despite that knowledge he swung his arms and legs without caring who he hit. Thus, the trial Judge could conclude that in hitting the three juvenile supervisors that his act was not accidental or incidental, but rather a deliberate attempt to remove any impediment to his ability to make contact with W.F.
But even if the trial Judge erred in applying the doctrine of transferred intent to the assault charge, the statute under which appellant was charged is written in the disjunctive. Johnson v. United States, 298 A.2d 516, 519 (D.C. 1972). The evidence is undisputed that appellant interfered with the three juvenile supervisors as they were attempting to control the fray, and thus violated the statute.
Appellant challenges his delinquency adjudication for impeding and interfering on the ground that the statute is unconstitutionally vague because it is unclear what standard of conduct is required by the statute. *fn2 In addition, he contends that the statute is overbroad because it infringes on rights of free speech and assembly.
D.C. Cede § 22-505 (a) can be narrowly construed to apply to physical conduct rather than speech. See Tuck v. United States, 467 A.2d 727, 731-32 (D.C. 1983) (court has authority to adopt narrowing construction of a statute); McIntosh v. Washington, 395 A.2d 744, 757 (D.C. 1978) (court under obligation to interpret statute to support its constitutionality); Boos v. Barry, 485 U.S. 312, 99 L. Ed. 2d 333, 108 S. Ct. 1157 (1988) (court has duty to construe statute where possible to avoid constitutional infirmity). As applied to appellant, the statute can be construed to prohibit individuals from physically opposing District juvenile supervisors. This construction is consistent with the plain language of the statute, eliminates free speech and assembly concerns, and sufficiently clarifies the standard of conduct required by the statute. See City of Houston v. Hill, (supra) note 2, 482 U.S. at 463 n.11; Washington Mobilization Committee v. Cullinane, 184 U.S. App. D.C. 215, 224-25, 566 F.2d 107, 116-17 (1977) (disorderly conduct statute, failure to move on, D.C. Code § 22-1121 (2), upheld against facial challenge for vagueness and overbreadth). Consequently, appellant's constitutional claim fails.
Appellant's other contentions lack merit. The trial Judge properly denied appellant's motion to dismiss the petition for lack of jurisdiction. In re A.S.W., 391 A.2d 1385, 1389-91 (D.C. 1978) (jurisdiction of assaults at Oak Hill). The Judge did not abuse his discretion in denying appellant's motion to dismiss the petition for social reasons in light of the factual circumstances giving rise to the petition. See Matter of McP, 514 A.2d 446, 448 (D.C. 1986); Super. Ct. Juv. R. 48 (b) (1989).
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Dull story line and uninteresting characters. Slow and somewhat tedious battle system.
Eternal Sonata is a treat for the eyes and ears, but that's where it stops being interesting.
For more on this game, see 1Up.com's review of Eternal Sonata.
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I am looking for a pattern for a fun quilt made out of fleece in squares. I have seen one but I am not sure where.
Walmart sold them a couple of years ago, but I haven't seen them lately. It would be easy to make your own, just cut squares and sew them together in a random pattern. I made one with 4 inch squares, used a 1/2 in seam allowance and snipped the seam 6 to 8 times on each side to form a fringe.
Oriental Trading catalog has a kit like this for sale. Try to go to their website to see if you can copy the pattern. www.orientaltrading.com
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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Hotel Krishna New Delhi, New Delhi
- Free WiFi and free parking
Main amenities
- 80 guestrooms
- Restaurant
- Rooftop terrace
- Breakfast available
- Free train station pick-up
- Airport shuttle
- Air conditioning
- Daily housekeeping
- Computer station
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- Snack bar/deli
- Laundry service
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- Rollaway/extra beds (surcharge)
- Private bathroom
- Free toiletries
- Daily housekeeping
- Laundry facilities
- Hair dryer
What's around
- In Central Delhi
- Jama Masjid (1.5 mi / 2.3 km)
- Jantar Mantar (1.7 mi / 2.8 km)
- Red Fort (2.1 mi / 3.3 km)
- Chandni Chowk (1.9 mi / 3 km)
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Hotel Krishna New Delhi, New Delhi
Hotel Info: 866-539-8117from $26
- Triple Room
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- Check-in time noon-noon
- Check-out time is noon
- Express check-in/out
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
Travelling with others
- No cribs (infant beds)
- Pets not allowed
- Free WiFi and wired Internet access in public areas
- Free WiFi in rooms
- Airport shuttle (available on request) *
- Free train station pickup
- Free self parking (limited)
- Area shuttle within 300 km *
Nearby Three Star New Delhi hotels
In the hotel
- Buffet breakfast (surcharge)
- Restaurant
- Snack bar/deli
- 24-hour room service
- Computer station
- Tours/ticket assistance
- Dry cleaning/laundry service
- Laundry facilities
- Free newspapers in lobby
- Luggage storage
- Number of buildings/towers - 1
- Year Built 2009
- Elevator/lift
- Safe-deposit box at front desk
- Rooftop terrace
- Television in common areas
- Accessible bathroom
- In-room accessibility
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Ceiling fan
- Coffee/tea maker
- Bathrobes
- Fireplace
- Individually furnished
- Private bathroom
- Shower only
- Free toiletries
- Hair dryer
- Satellite TV channels
- Desk
- Free WiFi
- Phone
- Free bottled water
- Daily housekeeping
- In-room safe
Top New Delhi hotels
Recently reviewed hotels in New Delhi
- Shanti HomeFrom
"Sublime. Friendly. Easy. Fun. Efficient. Style. Class. Sanctuary. Professional. I hope you're getting this dear reader!"Nov 29, 2016
- The Park New DelhiFrom
"Great place generally. Excellent staff and service. Secure, clean, comfortable rooms, two excellent restaurants- one upscale indian, the other less formal multicuisine. The only…"Nov 29, 2016
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"Staff was nice from arrival to departure. Hotel restaurants and rooms were clean. Food buffet and in room service were excellent. Location is very close to airport. Gave us an…"Nov 28, 2016
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"Nice place to stay in a very convenient location. The staff were very good and helpful in the most courteous manner at all times. Our room was comfortable and spacious. I would…"Nov 28, 2016
Nearby hotels
Also popular with travelers from the USA
Special features
DiningKrishna Delight - Onsite restaurant. Open 24 hours.
Hotel Krishna New Delhi, New Delhi's small print
Also known as
- Hotel Krishna
- Hotel Krishna New Delhi
- Krishna Hotel
- Krishna Hotel New Delhi
- Krishna New Delhi
For transfers, guests must contact the property 72 hours prior to arrival at the number on the booking confirmation.
Optional extras
Rollaway beds are available for INR 750 per night
Buffet breakfast is offered for an extra charge of INR 250 per person (approximately)
Airport shuttle service is offered for an extra charge of INR 750 per vehicle (one way)
Area shuttle service is offered for an extra charge
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Excellent 4.1 /5 from 173 reviews
The hotel corridors and room were stinky. Did not look like a 3.5 star as advertised. Neighborhood was crammed and there were no windows for the room. Comforter felt wet and there was no bed sheet with the comforter. Really felt uncomfortable using it as I was not sure who all used it and when was it washed.
I had a really nice stay at Hotel Krishna. Great rate for a really comfortable hotel with great service. The bottle of cold water on arrival was a nice touch. The staff was very helpful and the security officer went out of his way to help make sure I got reasonable rates on the local auto-rickshaws.
When we arrived at 11pm, five men took our luggage to our rooms. They were wearing casual clothes and we did not know if the hotel employed them. This made my mother uncomfortable, as she was staying in the room alone. None of the rooms had towels, toilet paper or bottled water when we arrived even though the booking was reconfirmed twice on the same day. The men asked if we needed this and went to get it. I am suspecting the men were trying to make extra tips as they were lingering around after getting these things for us. The rooms had no hot water and even after complaining several of the rooms never got hot water. At check out the hotel had pre-charged my credit card, I know it is done as a security of our booking, however I would still have liked to be informed upon arrival. I was also asked to pay for the bottled water, which I refused, as I was never informed this would be charged. The room that my husband and I stayed in was honestly revolting. There were wires coming out of the wall, the sheets were not clean and the washroom had yellow and grey stains in the bathtub that were removable. When I went down at 3am to send my mother to the airport, the receptionist was sleeping on a couch in the lobby, snoring loudly. Worst of all we all felt sick in our stomachs after our stay, three people even needed antibiotics and one person was so sick he was throwing up all evening and in the end we had to call a doctor to give him a shot. Please never never never stay here!
This great little hotel on Arakashan Rd is in the middle of everything you want to see. Close to metro and the train station, a quick ride to CP or Chandi Chowk and the Red Fort. Will get you an air conditioned car for wherever else you want to go. I stayed for 8 days and was treated very well by the dedicated staff that ran my floor (each floor has it's own staff) and the guys in the kitchen. The food was fantastic although the tandor isn't always going. If you have a craving there is an excellent grill restaurant just next door. The breakfast menu is large and they will deliver to your room 24 hours a day...but in the early morning you may have to wake them up. The hot water needs to be turned on by calling down to the front desk, but I found most morning it was already on. Even if it wasn't it only took 10 minutes to get warm. Wifi is spotty the hire up you go, but on the third floor it wasn't too bad and I always had a signal. The password does expire every couple of days so if you stay a while you might have to ask the front desk for another one. I had a corner room and a giant tub with a rain shower fixture. It was slightly loud but I never had any trouble sleeping. The honking becomes background noise after a while :) Stay here! They are great! Thanks to the guys who work there for making my stay so fabulous. As a solo female traveler I was nervous to come to India alone, but these guys made me feel like I was home.
Very modern. Great air conditioning and room service. Beer on demand (although there is a bear and wine shop 1 km down the road toward the train station). Not centrally loacted near the sights, but near the train station. Use a Tuk Tuk not their arranged transportation services. The outside neighbored isn't the best... but its not dangerous. A safe place to sleep, enjoy a beer, and watch cable after taking in the crazy Delhi streets.
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text: Please, does somebody had this error: "Fail to load properties" while trying to change permissions. I think it is something with Daemon. So, how to reinstall it? I tried to locate daemon folders and files with T-Pot, but there weren't any. The thing it that I don't have daemon in iPod, but PC Suite thinks that I have, so he's not asking for reinstall. Help me.


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discussed in biography
...gifted dilettante. He studied painting with masters of various schools, but was particularly influenced by the decorative style of Ogata Kōrin, which he succeeded in reviving. He published Kōrin hyakuzu ("One Hundred Paintings of Kōrin") and Ogata-ryū ryakuin-fu ("Album of Simplified Seals in the Ogata Style") in commemoration of the...


text: EDIT: See this thread http://www.ifans.com/forums/showthread.php?t=271760 Please Register or Log in to view imagesAs we all know, the wonderful iPhone Apple brought us, has been very limited to Windows/Linux users. Well now it looks like its about to change. According to Adobe's website, it looks like Adobe Flash CS5 will be able to "Publish ActionScript 3® projects in Adobe Flash Professional to run as applications for iPhone." Please Register or Log in to view images Could this finally bring iPhone Software Development to Windows/Linux? [ Source ]


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Gary Reynolds
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Multi-function imprinted flashlight also includes window hammer, seat belt cutter and beam reaches up to 200m.
Whatever minor or major breakdown occurs this automotive promotional emergency kit can help.
Innovative promotional flashlight that introduces a very strong magnet to be attached to the door or car roof.
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Latest reply
on Apr 17, 2011 3:19 PM by KG
Get latest Queries
Feb 23, 2011 9:42 AM
I have a very complicated problem :(
I am working on Oracle database with a VB.NET application.
My application is a huge student information system, one of the function is to update student table at the end of each semester, the following fields need to be updated: COMULATIVEGPA, SEMESTERGPA, WARNING, STUDENTLEVEL.
I observed that one of about 700 students record has been not fully changed! which means one update statement update only the COMULATIVEGPA but not all fields!! something boring!! I checked the code it is run with all students except ONE!
Is there anycase that in one UPDATE query operate to update one field and ignore OTHERS!!
My Query is UPDATE STUDENT_TBL SET COMULATIVEGPA = 4, SEMESTERGPA = 3.9, WARNING = 3, STUDENTLEVE = 3 WHERE STUDENTID = '123456'
The COMULATIVEGPA has got the value while the other fileds keeps the precious ones!!
I s there a log file which contains all queries sent from other applications to ORACLE in order to check the sent query?
I really need to solve this problem,, I have to..
Thank you
I have the same question
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Re: Get latest Queries
Apr 17, 2011 3:19 PM
in response to
if you dont have auditing enabled use logminer
Refer link it has everything you need to about using it


text:
- Description
Looking for a double-wide sleeping bag system? This 3-in-1 package can either be kept together for a double sleeping bag or zipped apart to create one 30 degree and one 40 degree sleeping bag. The flannel liner and two flannel pillows included will make for a lush experience.
- 3 in 1 system: Keep together for a double sleeping bag or zip apart to create one 30-degree and one 40-degree sleeping bag
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- 100% yarn-died cotton flannel liner
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- Additional Information
Additional Information
Material Shell: Nylon
Liner: Flannel
Insulation Synthetic Temp Rating 40° F / 4.4 ° C Length 72 in / 183 cm Shoulder Girth 136 in / 345 cm Hip Girth 136 in / 345 cm Foot Girth 136 in / 345 cm Packed Size 16x34 in / 40.6x86.4 cm Weight 9 lbs 8 oz / 4.3 kg
- Reviews


text:
Aug 15, 2012
Distressed sales drop yet again in MRIS territory
15 Aug 2012
Posted by Andrew Kantor
The latest figures from MRIS (whose MLS covers much of Virginia) show that distressed homes — sold as either a foreclosure or short sale — made up a significantly smaller percent of the market than a year ago.
Total distressed sales went from 25.2% of the market in July 2011 to 20% in July 2012. Interestingly, the percent of short sales was up slightly (10.2% to 11.3%), while foreclosures dropped dramatically (from 15.1 to 8.7%).
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Happy Holidays!
Like many other Americans this year, I still had some holiday shopping to do today. In the midst of gifts, ribbons and wrapping paper today I came across a well-designed line of paper goods made of recycled materials.
Greenroom Eco products are available at Target and are mixed in among all holiday gift wrap and cards. The packaging for this line is minimal, highlighting the product itself. The subtle dark brown woodgrain background paired with the fresh green is the tip off that this is not your typical holiday greeting card or wrapping. Over all the design is very simple, but the message is clear and effective: this is a fashionable paper product made from recycled materials.
Happy Holidays!
Student Spotlight: CMYK Twister
"This assignment was to redesign a board game. I chose twister and decided to gear it toward the designy museum gift shop crowd (who wouldn't want to design for them eh?) by turning the original primary color scheme into CMYK. A play on the printing process ensues."
Word Puzzle Universal Wrapping Paper
Check out this super cool wrapping paper concept, called "Universal Wrapping Paper". The crossword puzzle has text for every possible holiday you could think of!
Awesome work from H-57
Check it out below!
Gift Couture
Check out this tasty wrapping paper from Gift Couture.


text:
Fate/stay night is a Japanese visual novel developed by Type-Moon, which was originally released as an adult game for Windows. A version of Fate/stay night rated for ages 15 and up, which features the Japanese voice actors from the anime series, was released for the PlayStation 2 and later for download on Windows as a trilogy covering the three main story lines. R_Salta Nua will also be ported to the PlayStation Vita. On October 28, 2005, Type-Moon released a sequel to Fate/stay night, titled Fate/hollow ataraxia. Its plot is set half a year after the events of Fate/stay night. Fate/stay night has made transitions into other media.
Contributions by Mirioki, Malintex Terek, and Ganryuu.


text:
Gone Girl 2014 BRRip 480p x264 AC3-LoRD
Language: English
Genres: Drama / Mystery / Thriller
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Provider: Lori.Yagami
Plot: On the occasion of his fifth wedding anniversary, Nick Dunne reports that his wife, Amy, has gone missing. Under pressure from the police and a growing media frenzy, Nick�s portrait of a blissful union begins to crumble
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Twitter Link Facebook link
David Cameron has intervened twice to secure UK access to a Briton who was kidnapped by Ethiopian forces in 2014, it has emerged, amid Foreign Office concerns that there has been "no substantive progress" on the case.
A British father of three who was kidnapped to Ethiopia in 2014 has spent his 600th day in detention.
The government must use the African Union summit which runs from 21-26 Juanuary in Addis Ababa to urge the release of a British man kidnapped to Ethiopia nearly two years ago, says the human rights organisation Reprieve.
A British father of three who has been held for 16 months in incommunicado detention in Ethiopia has suggested he may die in prison.
The UK government tried to suppress evidence of human rights abuses in Ethiopia to appease the government there, according to a new investigation by Survival International.
A group of legislators from the US, UK and Europe have demanded the release of a British activist who has been held in a secret Ethiopian prison for over a year.
Experts at the UNHRC have ordered the Ethiopian government to release Andargachew Tsege, a Briton who was abducted in Yemen and rendered to Ethiopia in 2014.
Ethiopia's detention of a British man in a secret location for the past year is 'undermining' the UK's 'much valued' relationship with that country, the Foreign Secretary has said.
Foreign Secretary Philip Hammond is refusing to request the release of a British citizen who was kidnapped and rendered to Ethiopia over nine months ago, it has emerged.
Survival International has received reports that the smallest and most vulnerable tribe in Ethiopia's Lower Omo Valley is starving, as a result of the destruction of their forest and river.
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What was your source for this knitting project? Online Photo or Website Name of website or photo Fresh Bite Scarflet Link to website or photo http://www.ravelry.com/projects/MissBecca/fresh-bite-scarflet What are you most proud of? I was able to use yarn my mother had given me that she had in the 1970s. What advice would you give someone starting this project? Practice cables!
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Bisuta is Japanese for "vista." This traditional block print inspired pattern features a lovely landscape scene of trees and villages.
- Wrap neck
- Shirring at front and back waist
- Snaps for easy dressing
- 100% cotton jersey
- Machine wash
- Style #6F32507
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Kelly Rowland was obviously dressed to impress on Tuesday night because THAT's what we call an LBD.
The former Destiny's Child slipped into her form-fitting embellished frock as she joined fellow judges Simon Cowell, Paulina Rubio and Demi Lovato at an X Factor finalist celebration at SLS Hotel.
Kelly recently joined season three of the US version of the show, and the top 12 contestants will now battle it out for the prize, starting 6 November.
Rowland has now worked as a judge on both shows, and recently said the US version is more rehearsed than the UK's, which she judged back in 2011.
And she's certainly stepping up to the style plate, too.
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Marriott Portfolio in Texas Gets $30M Financing
Wednesday February 13th, 2013 - 2:35PM
These are shortcuts to your favorite social networking and bookmark sites. Add this story to your Facebook page, del.icio.us, DiggIt, and many others!
BELLEVUE, WA—A $30-million recapitalization of a Marriott Hotel portfolio in Texas has been arranged by Premier Capital Associates, LLC, a full-service, national real estate investment banking company specializing in debt finance for hospitality and other income-producing commercial real estate, based here.
According to the company, the recapitalization allowed the hotelier to access equity trapped in the portfolio, which allows for greater operational flexibility across the portfolio. The hotel owner was able to take advantage of the current low interest rates available for financing. Specific terms and conditions were not disclosed.
Tags: • Hospitality • Sources of Funding •
The Hotel Business team just returned from this year's HX: The Hotel Experience, which was held in New York City at the Jacob K. Javits Convention Center. As we usually do post-event, we talk amongst ourselves about trends we noticed at the show, held in conjunction with BDNY. And while the latter—and now larger—show was abundant with design trends (let's just say blue seemed the prevalent color; bold, geometric forms the dominant shape; and metallics a common thread…pun intended!), the more traditional "hotel" side of the convention center had its own story to tell.
sbe Completes Acquisition of Morgans Hotel Group »
HRI, Rockbridge Partner to Acquire New Orleans Property
Hotel Bennett to Debut Next Year in Charleston, SC
Marriott Completes Sale of St. Regis San Francisco
Wyndham Hotel Group Acquires Fën Hotels
The Phocuswright Conference: OTAs, Google and Market Evaluations
The Renwick Hotel Joins Hilton's Curio Collection
Meridian Capital Group Arranges Financing for Two Concord Hospitality Hotels
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text:
ERIC Number: ED390541
Record Type: RIE
Publication Date: 1995-Jun
Pages: 23
Abstractor: N/A
Reference Count: N/A
Children's Moral and Ecological Reasoning about the Prince William Sound Oil Spill.
Kahn, Peter H., Jr.; Friedman, Batya
This study investigated children's moral and ecological conceptions and values about an actual, environmentally destructive accident, the large oil spill that occurred in Prince William Sound, Alaska in 1989. Sixty children from second, fifth, and eighth grades were interviewed on children's reasoning and understandings about the oil spill which caused extensive environmental harm. Questions focused on children's understandings and valuing related to the effects of the oil spill, children's morally obligatory reasoning about the oil spill, children's justifications, and children's conceptions of what it means to live in harmony with nature. The findings showed that the large majority of the children understood the oil spill negatively affected the local environments, it mattered to the children personally that harm occurred to the environments, and children distinguished between harm wrought to marine life by human activity and by other aspects of nature. The majority of children conceived of the harm caused to the shoreline as a violation of a moral obligation. Children in grade two less often generalized their prescriptive judgments compared to the children in grades five. Contains 41 references. (AP)
Publication Type: Reports - Research; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Ecological Perspective; Environmental Attitudes; Environmental Awareness; Environmental Ethic; Exxon Valdez Oil Spill; Oil Spills
Note: Paper presented at the Annual Meeting of the Jean Piaget Society (Berkeley, CA, June 1995). This research was supported, in part, by an Interdisciplinary Studies Council Grant (Colby College) and by the Clare Booth Luce Foundation.


text:
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MODE Istanbul
In Vanliyam Sanliyam, as an 11 year old with diverse interests and hobbies Seyithan Alkan introduces us to his colorful world in Tarlabaşı, the one only place he would always want to come back to even after travelling to the moon, Jupiter and Mars.
Produced by MODE Istanbul in 2012 as a part of Youth MODE Digital Storytelling Workshop "Life in Tarlabaşı."
This work is part of Doc Next Network media collection. For more information visit docnextnetwork.org.