Friday, December 9, 2016

Charles Dickens

Contemplating moving to the Victorian Era. Contacting Dickens now to see if I can bring Google with me.




Portland will tax companies that reward CEOs with disproportionately high pay

Dec 9, 2016, 9:25 am CST


The Last Word: John Glenn
John Glenn, a symbol of the space age as the first American to orbit Earth, sat down with John Schwartz in 2012 - the 50th anniversary of his flight - to talk about making history and that "beautiful view."


Supreme Court accepts police shooting case involving 9th Circuit's 'provocation' rule

Dec 5, 2016, 7:45 am CST





December 9, 2016

Justice Brown delivered the opinion of the Court.View Electronic Briefs | Oral Argument | Video PDF
Montano v. Orange County, Texas No. 15-41432
Before JOLLY, BARKSDALE, and SOUTHWICK, Circuit Judges.
AFFIRMED in part; VACATED in part; REMANDED. (November 29, 2016).
Posted in Civil Procedure, Civil Rights, Wrongful Death                                                                                           
These cross-appeals arose out of the tragic death of Robert Montano, a pretrial detainee in the Orange County, Texas, jail. He died of acute renal failure after approximately four-and-one-half days' detention in a glass-walled observation cell - the "bubble" - in the jail's infirmary. The bubble was used to observe detoxifying pretrial detainees. During Mr. Montano's detention, he consumed little, if any, food or water; his vital signs were checked once at most; he was never seen by a physician; and emergency care was requested by the jail staff only minutes before his death. Based on the jury trial and the District Court's post-verdict rulings on the county's pre- and post-verdict motions, pursuant to Federal Rule of Civil Procedure 50, for judgment as a matter of law (JMOL), among the issues presented were the District Court's: granting the Rule 50(a) motion against the jury's award of wrongful-death damages; denying the Rule 50(b) motion on the claims for unconstitutional-confinement and damages for pain. The Fifth Circuit affirms that sufficient evidence supports a jury's finding Mr. Montano was subjected to an unconstitutional condition of confinement in that detoxification-observation cell, causing his death. Thus, it affirms the denial of the Rule 50(b) motion on the claims for unconstitutional-confinement and damages for pain. The Court, however, vacates the granting of the Rule 50(a) motion against the jury's award of wrongful-death damages. Recalling that an attorney's remarks, made in closing, constitute binding admissions against the party he represents, the Court points to an admission made by the county's attorney in closing argument that satisfies Texas' "ultimate standard of proof" for wrongful-death causation. In granting the county's Rule 50(a) motion on wrongful-death damages, the District Court stated: "[The county] did not concede that Orange County Jail's condition of confinement caused Robert Montano's death". But, the Fifth Circuit emphasizes that the county did concede that Mr. Montano's lack of medical care caused his death. And that lack resulted directly from the county's de facto policy's being followed.
On Appeals from the United States District Court for the Eastern District of Texas (Ron Clark).
Attorney for Appellant - David B. Gaultney, Austin, TX
Attorneys for Appellees -David E. Bernsen, Beaumont, TX; Christine Lynne Stetson, Beaumont, TX



Obama Signs Executive Order Requiring President of United States to Be Taxpayer

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