Archive for News – Page 81

Teen Awarded Over A Million Dollars In Serious Sexual Abuse Case

Child sexual abuse is a serious problem that can devastate the life of a person before it even begins. A recent case showed a young boy being seriously abused at various foster homes before he was even three-years old. Thankfully, he was awarded over a million dollars in a civil suit to help fund his treatment.

The Facts Of The Case

The facts of this case are very disturbing. The young boy, who was abandoned by his mother at a very young age, was adopted by multiple people before the family that finally took him on for good. The adoptive agencies, Harvest of Hope and DYFS, did very little background checks on the people who adopted the boy, with the DYFS failing to to perform regular checks on him or to even search for family members who were willing to care for him.

As a result, he was placed in multiple homes where he received serious abuse, including physical and sexually degrading treatment. Thankfully, he was adopted at the age of about three by his current parents, but suffered from a series of psychological problems as a result.

sexual-abuse-lawsuitHow This Case Stacks Up Against Others

While this isn’t one of the largest amounts of money ever won in a child sex abuse case, it is one of the largest individual cases. Typically, most large sum payments are dolled out in group settlements. A 2011 case against the Society Of Jesus’ Pacific Northwest paid $166.1 million to 470 people abused by priests: this balanced out to just about $355,000 per person.

In another case, a school district in Los Angeles had to pay $88 million to about 30 different children and families due to serious sexual misconduct in two different elementary schools, or about $3 million per person.

The Way This Money Will Help Him

This boy, who will receive about $1,600 a month from an annuity fund for 40 years, will be able to use this money to help treat any problems that have occurred as a result of his abuse. Sexual abuse of this type often seriously impacts the mental health of people, causing high levels of depression, eating disorders, anxiety, repression, sexual misconduct, issues with relationships, and survivor guilt.

Treatment for these problems can last a lifetime, and with nearly $2,000 a month to spend on treatment, this young man has a real chance to get his life back on track and recover from the abuse he endured at such a young age.

 

Former La Vergne Police Officer Calls the City into Question With Substantial Allegations

According to a recent lawsuit filed, a former officer with the La Vergne Police Department has brought accusations against his former employer. He claims that he was forced out of his job after he raised concerns over inappropriate and criminal activity within the police force. He claims the work environment he, and other fellow employees, were regularly subjected to was intolerable and needed to be addressed.

The complaint was filed against the city of La Vergne on April 28th by former officer Michael Mullen. In the suit, Mullen claims that sexual misconduct and other criminal activity are commonplace in city offices. He states that the activity is carried out regularly by police officers for the city and is never discouraged or penalized. When he finally did make the decision to speak up against the lewd, offensive, and illegal activity he claims that he was forcibly La-Vergne-Police-Officer-Mullen-quoterequired to leave his employment.

Mullen is quoted in his suit against the city saying, “The La Vergne Police Department has systematically promoted an environment of lewd and sexual misconduct and rewarded officers who participated but took adverse action against the Plaintiff for not being like-minded.”

He goes on to elaborate on the offences that he witnessed during his fourteen years with the police department. He says that multiple officers were engaged in sexual relationships with minors, police informants, and other fellow officers. This activity highly influenced the day to day happenings within the police force and compromised effective police work.

The alleged offences go beyond inappropriate relationships as well. Mullen claims that between the years of 2001 ad 2015 he also witnessed evidence of illegal drug use and the inclusion of city officials in the activities. This then continued on to evidence being ignored and other cover up activity during investigations that involved city officials or police officers.

When Mullen made complaints to superiors, he claims he was investigated for making negative claims against fellow officers while those in question were never looked into. He says he was also denied deserved promotions because of his record of pointing out wrongdoing.

After being placed on administrative leave and then being denied reinstatement, Mullen sought employment at other agencies but was denied. He feels that La Vergne police department passed on false information to create a prejudice against him.

Attorneys for the case have not commented on the details of the case. The city of La Vergne has also remained silent.

 

Lawsuit Claims, Mentally Disabled Black Athlete from Dietrich High, Raped by Teammates in Idaho

DIETRICH, IDAHO–In this shocking story, a teen boy was violently sexually assaulted on October 22nd, 2015 by three high school football teammates. He was hospitalized from the injuries at that time. The victim’s identity is withheld to protect him as an underage sexual abuse victim. We do know that he is a 17 year old African-American high school student with some developmental problems. His adoptive parents are white and so is the town of Dietrich, predominately.

The assault happened in the football locker room at Dietrich High when a student lured the victim in by offering him a hug. There was one witness. As the boy opened his arms for an embrace, he was attacked by the three assailants who beat him before anally raping him with a coat hanger. During the attack, one youth kicked the coat hanger multiple time in a malicious and successful attempt to severely injure the boy. The witness reported in court that the students were laughing as they assaulted the victim.

Dietrich-high-idaho-insult-quotesThe attack happened after months of apparent abuse, not just from the three students, but from the entire school football team, in class, from teachers, and from coaches. Some of the abuse leading up to the sexual assault included name calling and violence. It is reported that the coach of the foot ball team forced the victim to wear boxing gloves to spar with with one of the offenders (weeks before the incident) in the center of a crowd of other students. In another instance, the boy was beat into unconsciousness while surrounded again by white onlookers, some adults present. In another instance, a violent wedgie was given, with well past the acceptable level of force. During these incidences, racial slurs were often shouted, such as the “N” word, and watermelon eater, as well as other racially motivated insults.

Three students are officially being charged, including John R.K. Howard, 18, of Keller, Texas, and 17-year-old Tanner Ward who made there initial appearance in the Lincoln County Magistrate Court to be arraigned in May 2016. He and Ward are both charged as adults with felony forcible penetration by use of a foreign object. The third student is being tried as a juvenile so his records are sealed. The two older students could face life in prison, but this is no guarantee.

The lawsuit filed with the U.S. District Court in Idaho alleges that one of the attackers sports the Confederate flag frequently and that he forced the victim in yet another instance to recite a racist song used by the KKK. The lawsuit is not just directed at the Dietrich High School, it also names 11 employees who willfully encouraged racial hatred amongst the young adults, failing their jobs as teachers and mentors.

 

A Class Action Filed Against Theranos

McCuneWright-Lawfirm-quote-An Arizona resident is suing Theranos for blood testing services that the company offered. The lawsuit, filed in U.S District Court for the Northern District of California by the The plaintiff, M.P.B, bought the said test at a Walgreen’s store in Tempe last December. He says that if he had this knowledge about the Edison testing machines, he would not have bought the test.

 
Theranos, a California start-up offering cheaper blood testing services for STIs, high cholesterol levels, and celiac diseases is being sued for allegedly producing results that were later voided or corrected. This followed a report that was released by Theranos saying that they had voided or corrected some of the results from their Edison machines and those from other vendors between 2014 and 2015. The company also notified doctors and patients that it had voided some results.

 
The Wall Street Journal first ran the story on test results correction and voiding. This release was followed by a statement from Theranos saying they had taken “comprehensive corrective measures” to tackle issues raised by the Centers for Medicare and Medicaid Services.
The lawsuit states that “As a result, tens of thousands of patients may have been given incorrect blood-test results, been subject to unnecessary or potentially harmful treatments, and been denied the opportunity to seek treatment for a treatable condition,” Theranos are not taking this lightly. The company’s spokeswoman, Brooke Buchanan said that the allegations lack merit and that Theranos will “vigorously defend itself against these claims.”

 
Theranos has several testing centers in Metro Phoenix, in 40 Walgreen stores. The company lobbied for House Bill 2645, which allows consumers to access lab tests without a physician’s order. When signing the bill in April 2015 at a Theranos location in Scottsdale, Gov. Doug Ducey said it “expands freedoms for people across the state to get the lab tests they need.”

 
A study that appeared in the Journal of Clinical Investigation found that Theranos lab results were more likely to fall out of ranges when compared with two other laboratories.

Lead Exposure – Employees Sue Duluth-Superior Shipyard

Employees sue Superior Shipyard for lead poisoning

Among several other employees, James Holder, a welder and ship fabricator, is suing Fraser Shipyards for exposure to toxic levels of lead while working on the freighter Herbert C. Jackson earlier this year.

Matthew Sims, attorney for Holders, states that he anticipates multiple suits for cases of the same nature as Holders. Work was suspended on the 57 year old Jackson after the Occupational Safety and Health Administration responded to complaints from employees of the Fraser company.

Shipyard-quote“The defendants should had known about the dangers workers were exposed to from occupational related illnesses.” said the lawsuit. They also mentioned that the OSHA warned Fraser in 1993 of violations related to workers exposed to toxic agents. Later on, Holder was found to have lead poisoning. He suffered multiple health problems with pains that were akin to death pangs.

The lawsuit declares that during the earlier part of the year employees informed the defendants about the harsh conditions on the 125 year old shipping yard and the unusual illnesses contracted by workers on the Jackson. However, all complaints went unheard by both the defendants and the agents who also refused to investigate allegations about sickness and went at far as to falsely assure workers and the plaintiff that there was nothing to be concerned about.

When the Tribune News interviewed Interlake Steamship President Mark Barker about hiring Fraser Shipyards to complete re-powering work – a new project for Fraser after so many years – he stated, “It’s a risk going to a yard that hasn’t re-powered a boat in 30 years or more,” Barker said at the time. “But at the same time if you don’t put some of that risk out there and let them do it, how are they going to get better? It’s important for us as partners in the industry to grow and develop together. They’re doing a nice job, but there are definitely some learning curves.”

Recently, Fraser has been reduced to an outpost for maintenance and repair projects because of its age. Updated shipyards are presently chosen for high grade operations before it was selected for the Herbert C. Jackson project. The shipyard, and all other parties involved, have 21 days to answer to Holder’s lawsuit.

 

Injury Lawsuit in Lenawee County Will Go To Trial by Jury

Recently, a judge determined that a jury should settle the outcome for an injury lawsuit filed against Ervin industries. The jury will determine whether Ervin Industries should be held responsible for the injuries of an individual, Russell Albertson, who visited its Adrian plant. The visitor slipped on shotgun pellets on the plant floor.

The injury lawsuit is scheduled to go to trial by jury on August 16, 2016.

During the hearing that took place this past Monday before Circuit Judge Margaret M.S. Noe of Lenawee County, the attorney of the company argued that the visitor should be held responsible for failing to ensure his safety. After the hearing, Noe ruled that she could not grant a dismissal due to lack of certainty about the Russell-Albertson-Injured-at-Adrian-Plant-Lawsuit-quotefacts.

Russell Albertson, who was the man injured at the Adrian plant, claims that Ervin Industries should be held responsible for his severe knee injury. Albertson filed the lawsuit against Ervin Industries last year, but he suffered the fall on June 26, 2012. In the lawsuit, he claims that the shotgun pellets, which were manufactured at the Adrian plant, littered the concrete floor. He was on a business trip in the Adrian plant when he was invited to walk across the concrete floor. In the suit, Albertson states that he did not see the shotgun pellets before falling.

Rick Patterson of Auburn Hills, the defense attorney, argues that Albertson was informed of the risk that shot pellets could be on the concrete floors of the plant. Past rulings of the Michigan Supreme Court have determined that property owners do not need to inform visitors of a known risk. Patterson said there is no need to ensure premises are foolproof.

Patterson also argues that Albertson could have chosen not to go into the room of the Adrian plant with the spilled shotgun pellets.

The attorney of Albertson, Stuart Fraser of Mount Clemens, argued that it was not obvious that the floor was littered with shotgun pellets. Tom Howard, the plant manager, testified that he did not remember seeing the shotgun pellets on the floor before Albertson’s fall.

According to Fraser, this case should go to trial by jury, at the very least.

 

Lyft offers $27 million to settle a lawsuit filed by drivers seeking employee classification

This past Wednesday, Lyft Inc. made an offer to pay $27 million in order to settle a lawsuit filed by drivers in California. This is more than double what the company originally offered to settle the lawsuit. In this class-action lawsuit, the drivers asked to be considered employees. According to the drivers, Lyft classified Lyft-class-action-lawsuit-drivers-quotethe drivers as independent contractors while the drivers felt they should be considered employees.

The drivers claimed that Lyft classified them as independent contractors rather than employees to avoid reimbursements for various expenses. Lynx is a ride-hailing service and would have to provide employees reimbursement for expenses relating to vehicle maintenance and gasoline. Independent contractors, on the other hand, do not need to paid these reimbursements.

This lawsuit was originally filed by the California drivers in early 2013. In January, the company offered to pay $12.25 million to settle the lawsuit.

The original settlement agreement was rejected by U.S. District Judge Vince Chhabria in April. According to the judge, the settlement agreement was not reasonable and would not properly compensate the drivers.

In a prepared statement, plaintiff attorney Shannon Liss-Riordan argued that the new settlement agreement would provide adequate compensation to Lyft drivers who have invested a substantial amount of time into the company. According to Liss-Riordan, drivers who have worked for Lyft for more than half a year could receive about $6,000.

It is estimated that the settlement agreement would affect 100,000 California Lyft drivers.

In order to fulfill the proposed settlement, Lyft would need to update its terms of service so that policies regarding driver termination are more transparent. As of now, the new settlement agreement must be approved by Chhabria before it goes into effect.

Uber, which is a much larger competitor of Lyft that is also based in San Francisco, settled a similar lawsuit about a month ago. The payment could be as much as $100 million for the Uber workers. In this settlement, drivers who have worked with Uber for more than half a year could receive about $8,000. Just like with the Lyft suit, the Uber settlement does not offer a resolution in terms of whether the drivers should be considered employees rather than independent contractors.

 

Woman Sues Nye County Due to Lengthy Jail Stay of Daughter

A mother in Pahrump, Nevada claims that Nye County officials forced her daughter to unnecessarily stay in jail for more than year. In the lawsuit filed against Nye County, the woman claims that the officials ignored the orders of the court to send her daughter to the state psychiatric facility.

The mother filed the federal lawsuit on Tuesday against both Bye County and Sheriff Sharon Wehrly. According to the lawsuit, Caryssa Lennox was arrested by law enforcement in February 2014 for destruction of property and the misuse of an emergency phone number.

Two months after her arrest, Lennox was evaluated by two psychologists at the Nye County Detention Center. The two psychologists concluded that Lennox was mentally incompetent to go to court and stand trial. They recommended that Lennox receive treatment at Lake’s Crossing Center.

After another two months, a district judge in Nye County ordered that the sheriff’s office take Lennox to the maximum-security Lake’s Crossing, which is a psychiatric facility. The district attorney of Nye County and the lawyers of Lennox agreed that the 28-year-old would be treated at Seven Hills Hospital, which is a Lennox-mentally-incapable-of-standing-trial-quotebehavioral health treatment center.

The sheriff’s office neglected or refused to transport Lennox to either facility. Lennox was forced to remain in jail until October 2014 when the district judge again ordered Lennox to be transported to Lake’s Crossing. Three months later, Lennox was evaluated by psychologists and it was again deemed that she was mentally incapable of standing trial.

In the lawsuit, the mother claims that the sheriff’s office violated Lennox’s due process rights. According to Greg Cortese, who is the lead attorney of the lawsuit, an inmate is usually committed to Lake Crossing after two psychologists agree that the inmate is psychologically unfit to go to court. However, the sheriff’s office refused to fulfill these expectations in Lennox’s case.

For the third time in the span of year, the court ordered that Lennox be transported to Lake’s Crossing in February 2015. The charges pressed against Lennox were dropped in April and the court ordered that Lennox be taken to Seven Hills Hospital. Within six days after Lennox’s charges were dismissed, the women was taken to the private Henderson center.

 

Injured Woman Sues Police after High Speed Chase

Wilkes-Barre, PA

A Pennsylvania woman is suing both the city and two local police departments after being severely injured in what she claims was a mishandled car chase. During a Friday afternoon rush hour back in November, 2014, Donna Jackson’s car was allegedly struck by the vehicle of another victim of the three-car pile-up, sustaining what she claims are serious injuries.

The chase began after (now convicted) Douglas Johnson, 54, stole a 2007 dodge sedan from a local gas station. Several days later, local police spotted Johnson driving the stolen vehicle, and tried unsuccessfully to make him pull over. Sources say that Johnson then drove “dangerously and erratically,” over streets and sidewalks, with the police in hot pursuit. The chase ended when Johnson drove through a red light at the Wilkes-Barre intersection of River and West Market Streets, hitting a bystander’s car, which then hit the plaintiff’s vehicle. Jackson’s complaint states that, “Despite Johnson’s ‘aggressive driving actions,’ [the police] pursued Johnson, exceeded applicable speed limits, disregarded traffic signs and signals, failed to follow the rules of the road, and improperly pursued Johnson Jackson-high-speed-pursuit-quotethrough residential neighborhoods and commercial districts — on a Friday afternoon during rush hour.”

Jackson asserts that her alleged injuries, including “a traumatic brain injury, brain bleeding, memory loss, herniated disks, sight problems, and pain,” occurred as a direct result of police “improperly initiating and negligently maintaining the high-speed pursuit of Johnson in a manner inconsistent with policy, procedures, and law.” An affidavit filed by the police pursuer, Hanover Township police Officer Thomas Farver, primarily agrees with Jackson’s account of the geography and circumstances of the chase, but Jackson’s lawsuit goes further in assigning blame to the police for “improperly” entering the high-speed chase.

Representatives for the defendants, including spokeswoman for the city of Wilkes-Barre, Tyler Ryan, and Hanover Township police Chief Albert L. Walker, have not publicly commented on the lawsuit, each citing the grounds that it would be “improper” to comment on “pending litigation.”

The lawsuit, presented by Jackson’s attorney, Neil T. O’Donnell, seeks damages over $50,000 for what she claims has been a grueling process of medical treatment for her sustained injuries, as well as lost income, pain, and suffering. The complaint indicates that a full-recovery might not be possible for Jackson.

Tenneesee ACLU Demands End to Teen Solitary Confinement

The practice of solitary confinement has long been highly controversial both in the United States and many nations abroad. In recent years, this particular process has come under fire in the United States by many citizens and legal rights groups. America is one of the very few nations that use solitary confinement not only for adults but younger offenders. In Tennessee, officials at the American Civil Liberties Union have joined a lawsuit against the Division of Children’s Services that seeks to end the practice of putting juveniles in solitary confinement.

Solitary Confinement

Solitary confinement is the practice of placing prisoners in isolation. inmates are denied the ability to stay in contact with other inmates. Contact with family members is also restricted under this practice. “Lock down” as the practice is known, is intended as a last resort in order to help control certain inmates who may have engaged in violence against other inmates or correctional officers.

ACLU-files-suit-in-Tennessee-to-end-solitary-confinement-for-juvenilesThe Case in Tennessee

A fifteen year old male was arrested for armed robbery in the state of Tennessee. Officials at the ACLU of Tennessee argue that the Rutherford County Juvenile Detention Center wrongfully placed the young male in solitary confinement. The detainee has a history of documented developmental disabilities. He was placed in solitary confinement for five days after his arrest. Officials at the ACLU would like to see solitary confinement ended for all juveniles as well as for those prisoners with mental illnesses.

Released by a Judge

In response to this suit, a judge in Rutherford County has ordered the release of the detainee in question. The suspect had been ordered to undergo a mental health evaluation in March after he was arrested. However, this evaluation did not take place until the detainee was released from solitary confinement. Officials at the Detention Center have publicly stated that the boy probably does in fact suffer from a mental illness. The young man’s mother filed suit in Federal Court. Her lawyer and those at the ACLU hope her son’s ordeal will serve as an impetus to end this practice for all those who fall into such categories.