Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Sunday, November 20, 2011

Why Chancellor Katehi Must Resign - UPDATE


Linda P.B. Katehi, 2010
UC Davis Chancellor Linda Katehi is quoted as saying she takes "full responsibility for the incident" this past Friday where dozens of students were injured, requiring hospitalization in some cases, as a result of excessive force by the campus' private police force.

Either she knew what was going on or she didn't.  If she knew, that means she approved of the tactics.  Any school administrator that knowingly places her students in physical jeopardy has no business in a position of authority.  If she didn't know, that means she simply is not in control of her employees - men and women who wear a badge and uniform and police the campus under her jurisdiction.

In either case, she should resign.

Ms. Katehi vows to set up a task force to investigate what happened. We pretty much know what happened already - the recounts are numerous, consistent, and on video all over the Internet. Allowing the Chancellor to 'investigate' makes as much sense as asking Dick Cheney to investigate who authorized Scooter Libby to release the identity of a covert CIA agent.

Perhaps Katehi should take note of the law in California and rethink what she has condoned or at least sanctioned in ignorance:

However, the state of California does have a few rules and regulations regarding the use of pepper spray. It is absolutely legal to carry pepper spray and use it to protect your personal safety without having any special state or federal permits. CA laws do regulate the size and/or weight of the defense spray products you can carry and buy. The legal container size must be equal to or below 2.5 ounces of active product. There are many pepper spray items and models that comply with this state set standard.

The pepper spray carried, shipped, sold or used in California should also be labeled with a warning stating that the product is only intended for self-defense. In general, most state laws (California included) enforce that pepper spray should only be used in self defense situations where you fear your life or safety is in danger. Illegal use of pepper spray products (perhaps dispensing them out of anger or as non self defense violence against another person) can bring fines of $1000 and up and/or three years in prison.

California: Weight restricted to 2.5 ounces (about 70 grams).

Granted, the UC Davis paramilitary force may have obtained special permits, but given the restrictions on its normal commercial use, I seriously doubt what we witnessed (video) constitutes lawful use in California.

Prior to being sprayed three times over with a canister containing a lot more than 2.5 ounces of OC,
students sit with arms linked and heads bowed, never threatening the campus police.
If the victims of the pepper spraying go to court, they should revisit the precedent set by protesters who won their case against Northern California police, charging that the pepper spray applied directly to their eyes with a cotton swab did not meet the 'reasonable force under the circumstances' requirement.  I venture the same could definitely be said about the repeated, point-blank pepper spraying of students who were simply seated on the ground with arms linked.



UPDATE: According to NewsLALate.com, several of the students who were injured in the pepper-spray incident are planning to file lawsuits and have already been in contact with civil rights attorneys.  (h/t Zane1, comment at Politicalgates)

Friday, August 07, 2009

Is There a Felony Conviction in Sarah's Future?

Where's the Coverage?

sarah palin in running suit posing with tourists on a bus
The ADN doesn't have it. Not a peep from C4P on the story, either. And there's no mention at Sarah Palin's Facebook page, although there's a new note today with a statement in which the crazy ex-governor lady praises Michele Bachmann. Yes, that Michele Bachmann, the even crazier (if that's possible) Minnesota congresswoman.

The Sarasites and Palinbots across the country went fairly flipping insane over Gryphen's revelatory blog post of Saturday, 1 August, 2009. The internets burned furiously for the next several days with made-up nonsense about the blogger. Sarah's private attorney even sat down on his day off to write a letter threatening a lawsuit, just because Gryphen said that his sources reported Sarah and Todd's marriage was on shaky ground. Well, okay, he said more than that but the potential break-up of this holy couple is what seemed to infuriate Sarah's faithful.

Yet on Monday this past week, 3 August 2009, a legal document was filed that alleges the crazy ex-governor lady attempted to commit bribery. Say what...! No word? No tweet? No statement on Facebook? No announcement or denouncement by Meg-the-mouth or Todd or Chuck or Van Flein or anyone? The silence on this is stunning.

Background

Here's the story as I know it. Back in March of this year, an African-American musician named Gregory Royal filed a Federal lawsuit in Washington,DC, against then-governor Palin(PDF) for failing to declare June 19th, 2007, as a day of celebration—you know, the kind of stuff governors do all the time. Juneteenth, as it is called, celebrates the end of slavery in the United States, and is recognized worldwide.

The Juneteenth proclamation is required by Alaska law. Each year the governor is supposed to make the declaration so that festivities may ensue with the government's blessings. On being reminded that then-governor Palin failed to meet this legal obligation, AK administration officials claimed it was a stenographic mistake. But given the opportunity to retroactively make the declaration, stubborn Sarah apparently shrugged it off and let things ride. The law suit alleges damages because vendors and others who were involved in preparing for and hosting events related to Juneteenth suffered from a lack of participation both from citizens and the governor's office.

Sarah Palin was the only Alaska governor who failed to issue the proclamation or appear at the festivities. She didn't even send a representative. She never apologized for failing to do her legal duty. And apparently, she refused to accept a summons from the process server and tried to have the suit dismissed claiming the court failed to properly serve the documents.

Attempted Bribery Charge

Kim Chatman, an Alaskan who believes in holding Sarah Palin accountable, joined the suit when it was transferred by U.S. District Court Judge Reggie B. Walton to the U.S. District Court of Alaska. Last Monday, plaintiffs Kim and Gregory filed another document with the court seeking to add to the original complaint. Alaska Report has a link to the document along with a story about this incendiary charge.

According to this new claim, Sarah Palin, then governor, attempted to bribe a third party with state funds and legislative support if s/he would convince the plaintiffs to drop the lawsuit. Hopefully someone with a good understanding of the law can clarify this for me, but I believe this additional charge escalates the lawsuit from a civil matter to a criminal matter, and if found guilty, that would make Sarah Palin, the crazy ex-governor lady, a felon. [Please see readers' contributions in the comments that clarify the felony issue.]

Why am I not surprised then that such a hoopla and circus was taking place over Gryphen's "Splitsville" blog post while this serious charge was being filed in Federal court? Could it be someone was trying to misdirect attention from what really matters to what doesn't?