courthousenews--2020-09-05--NY Attorney General to Form Grand Jury After Prude Death

ROCHESTER , N.Y. ( AP ) — New York ’ s attorney general on Saturday moved to form a grand jury to investigate the death of Daniel Prude , a Black man who died earlier this year after Rochester police placed a hood over his head and held him down .
“ The Prude family and the Rochester community have been through great pain and anguish , ” Attorney General Letitia James said in a statement about Prude ’ s death , which has sparked nightly protests and calls for reform .
She said the grand jury would be part @ @ @ @ @ @ @ ’ s death after his brother called for help for his erratic behavior in March has roiled New York ’ s third-largest city since video of the encounter was made public earlier this week , with protesters demanding more accountability for how it happened and legislation to change how authorities respond to mental health emergencies .
“ This is just the beginning , ” Ashley Gantt , a protest organizer , said by email after James ’ announcement .
“ We will not be stopped in our quest for truth and justice.
” @ @ @ @ @ @ @ on the street where Prude , naked and handcuffed , was held face-down as snow fell .
Policy body camera video shows officers covering Prude ’ s head with a “ spit hood , ” designed to protect police from bodily fluids , then pressing his face into the pavement for two minutes .
Prude died March 30 after he was taken off life support .
The Monroe County medical examiner listed the manner of death as homicide caused by “ complications of asphyxia in the setting of physical restraint.
” Excited delirium @ @ @ @ @ @ @ PCP , were contributing factors , the report said .
A police internal affairs investigation cleared the officers involved of any wrongdoing , concluding in April that their “ actions and conduct displayed when dealing with Prude appear to be appropriate and consistent with their training.
” James ’ office opened its investigation the same month .
Under New York law , deaths of unarmed people in police custody are often turned over to the attorney general ’ s office , rather than handled by local officials .
Gov .
Andrew Cuomo earlier @ @ @ @ @ @ @ the probe .
“ Today , I applaud Attorney General Tish James for taking swift , decisive action in empaneling a grand jury , ” Cuomo said in a statement .
“ Justice delayed is justice denied and the people of New York deserve the truth.
” Advocates say Prude ’ s death and the actions of the seven now-suspended Rochester police officers demonstrate how police are ill-equipped to deal with people suffering mental problems .
Having police respond can be a “ recipe for disaster , ” The National Alliance on Mental @ @ @ @ @ @ @ Prude ’ s death “ is yet another harrowing tragedy , but a story not unfamiliar to us , ” the advocacy group said .
“ People in crisis deserve help , not handcuffs.
” Stanley Martin , an organizer of Free the People Rochester , told reporters : “ We do not need violent workers with guns to respond to mental health crises.
” Activists have marched nightly in the city of 210,000 on Lake Ontario since the police body camera footage of the encounter with Prude were released by his family @ @ @ @ @ @ @ resulted in 11 arrests , police said .
As they had the night before , officers doused activists at police headquarters with a chemical spray to drive them from barricades around the building .
As the night wore on , demonstrators were pushed further back , as police fired what appeared to be pepper balls .
Fireworks were shot off and a bus stop was set on fire .
Prude ’ s family has said he appeared to be spiraling into crisis in the hours before his encounter with police .
“ You @ @ @ @ @ @ @ ” the 41-year-old man is heard saying .
A police union has defended the officers involved in the encounter , saying they were strictly following department training and protocols , including using the mesh hood .

New York's attorney general on Saturday moved to form a grand jury to investigate the death of Daniel Prude, a Black man who died earlier this year after Rochester police placed a hood over his head and held him down.
ROCHESTER, N.Y. (AP) — New York's attorney general on Saturday moved to form a grand jury to investigate the death of Daniel Prude, a Black man who died earlier this year after Rochester police placed a hood over his head and held him down.
"The Prude family and the Rochester community have been through great pain and anguish," Attorney General Letitia James said in a statement about Prude's death, which has sparked nightly protests and calls for reform. She said the grand jury would be part of an "exhaustive investigation."
Prude's death after his brother called for help for his erratic behavior in March has roiled New York's third-largest city since video of the encounter was made public earlier this week, with protesters demanding more accountability for how it happened and legislation to change how authorities respond to mental health emergencies.
"This is just the beginning," Ashley Gantt, a protest organizer, said by email after James' announcement. "We will not be stopped in our quest for truth and justice."
Protesters gathered Saturday for a fourth night on the street where Prude, naked and handcuffed, was held face-down as snow fell. Policy body camera video shows officers covering Prude's head with a "spit hood," designed to protect police from bodily fluids, then pressing his face into the pavement for two minutes.
Prude died March 30 after he was taken off life support.
The Monroe County medical examiner listed the manner of death as homicide caused by "complications of asphyxia in the setting of physical restraint." Excited delirium and acute intoxication by phencyclidine, or PCP, were contributing factors, the report said.
A police internal affairs investigation cleared the officers involved of any wrongdoing, concluding in April that their "actions and conduct displayed when dealing with Prude appear to be appropriate and consistent with their training."
James' office opened its investigation the same month. Under New York law, deaths of unarmed people in police custody are often turned over to the attorney general's office, rather than handled by local officials.
Gov. Andrew Cuomo earlier this week called on James to expedite the probe.
"Today, I applaud Attorney General Tish James for taking swift, decisive action in empaneling a grand jury," Cuomo said in a statement. "Justice delayed is justice denied and the people of New York deserve the truth."
Advocates say Prude's death and the actions of the seven now-suspended Rochester police officers demonstrate how police are ill-equipped to deal with people suffering mental problems.
Having police respond can be a "recipe for disaster," The National Alliance on Mental Illness said in a statement Friday.
Prude's death "is yet another harrowing tragedy, but a story not unfamiliar to us," the advocacy group said. "People in crisis deserve help, not handcuffs."
Stanley Martin, an organizer of Free the People Rochester, told reporters: "We do not need violent workers with guns to respond to mental health crises."
Activists have marched nightly in the city of 210,000 on Lake Ontario since the police body camera footage of the encounter with Prude were released by his family Wednesday.
Friday night's protest resulted in 11 arrests, police said. As they had the night before, officers doused activists at police headquarters with a chemical spray to drive them from barricades around the building.
As the night wore on, demonstrators were pushed further back, as police fired what appeared to be pepper balls. Fireworks were shot off and a bus stop was set on fire.
Prude's family has said he appeared to be spiraling into crisis in the hours before his encounter with police.
"You're trying to kill me!" the 41-year-old man is heard saying.
A police union has defended the officers involved in the encounter, saying they were strictly following department training and protocols, including using the mesh hood.


courthousenews--2020-09-05--New Hampshire Primary Could Lead to History Making Congressional Election

MANCHESTER , N.H. ( CN ) — Tuesday ’ s primary in New Hampshire — which could lead to the first Congressional election in U.S. history between two openly gay candidates — will also be an early test of President Donald Trump ’ s strength in a swing state that could be critical in November .
Trump has endorsed two non-incumbent candidates in races for Congress , both of whom have been criticized as “ carpetbaggers ” without long ties to the state .
Tuesday ’ s results could indicate whether Granite State Republicans are falling in lockstep behind the @ @ @ @ @ @ @ streak .
The battle in the state ’ s 1st Congressional District is being closely watched because it ’ s one of the swingiest districts in the country , having changed hands four times between Democrats and Republicans from 2010 to 2016 .
Trump narrowly carried it in 2016 but two years later it elected its current Democratic Representative Chris Pappas .
In the Republican primary to challenge Pappas , Trump endorsed Matt Mowers , a 31-year-old from New Jersey who ran Chris Christie ’ s 2016 New Hampshire campaign .
Mowers was @ @ @ @ @ @ @ White House adviser and worked as chief of staff to Dr. Deborah Birx .
Despite Mowers ’ role as a senior adviser , Trump mispronounced his name while endorsing him .
Mowers is running against Matt Mayberry , an Air Force veteran and businessman who claims to be more in touch with the district , which includes gritty Manchester as well as the seacoast and some rural areas .
“ I ’ m the New Hampshire candidate , ” Mayberry said .
“ I ’ ve been to all 239 towns and cities @ @ @ @ @ @ @ , and my opponent is Whole Foods and Starbucks.
” A poll in August showed Mowers ahead 23 % to 12 % with well over half the Republican electorate still undecided .
“ It would be the first time in American history that both candidates for major office are gay , ” he said .
Mayberry would also be Congress ’ s first openly gay Republican .
Mowers leads in the money race , having raised almost $ 700,000 as of Aug. 19 with almost $ 375,000 in cash on hand .
Mayberry @ @ @ @ @ @ @ less than $ 22,000 on hand , according to the Federal Election Commission .
Mowers has also been endorsed by House Minority Leader Kevin McCarthy , while Mayberry was endorsed by former New Hampshire Senator John Sununu and former Arkansas Governor Mike Huckabee .
In the U.S. Senate primary , Trump endorsed Corky Messner , an independently wealthy West Point graduate who is anti-abortion rights and pro-gun and supports border security and free-market health care .
But Messner , if anything , is the moderate in the race .
His opponent , Brigadier @ @ @ @ @ @ @ ad consisting almost entirely of him saying “ I didn ’ t spend my life defending this country to let a bunch of liberal socialist pansies squander it away.
” On screen , the ad describes Bolduc as “ American Patriot .
Hero .
Bad*ss.
” Addressing the pandemic , Bolduc told a reporter , “ I am unapologetically of the opinion that the masks cause more problems than they solve.
” The current senator , Democrat Jeanne Shaheen , has a large lead over both candidates , polls show .
Messner has @ @ @ @ @ @ @ that ’ s because he contributed more than $ 3.8 million of his own funds to his campaign .
Bolduc has raised more money than Messner through individual contributions .
Pulling in a lot of small donations “ is often an indication of organizational strength that doesn ’ t show up in polling , ” noted Andrew Smith , director of the University of New Hampshire Survey Center .
Although Messner is ahead in the polls , “ I wouldn ’ t be shocked if Bolduc won , ” Smith said .
Like @ @ @ @ @ @ @ having few ties to the state — in fact he hasn ’ t lived in New Hampshire long enough to run for the state Legislature .
He has also been the subject of scandal .
In November 2006 his ex-wife filed an emergency court petition to have him removed from their Colorado home , claiming that she feared violence .
And a former chief justice of the Colorado Supreme Court has requested a criminal investigation into a charitable foundation that Messner ran , citing allegations that it claimed to help low-income college students @ @ @ @ @ @ @ first 10 years .
Messner ’ s campaign said the program didn ’ t formally begin operating until 2016 and a second scholarship was recently awarded .
The two Trump endorsements have helped to define the race .
“ People seem to be dividing themselves into camps , ” said Phyllis Woods , who chairs the Strafford County Republican Committee .
“ Are they the Bolduc/Mayberry camp or the Mowers/Messner camp ?
” The Trump endorsements are particularly valuable this year because voters haven ’ t received a lot of other information about @ @ @ @ @ @ @ a political science professor at the University of New Hampshire .
Voters have been distracted by the pandemic and the presidential election and in-person campaigning has been limited by the virus , Scala noted .
“ I pity any candidates who are trying to get their names out there this summer , ” he said .
In the gubernatorial race , Democratic Senate Majority Leader Dan Feltes and attorney Andru Volinsky are vying to take on popular Republican Governor Chris Sununu , the brother of the former senator , who is seeking a @ @ @ @ @ @ @ for handling a landmark education funding lawsuit in the 1990s .
Feltes is a former legal aid attorney who claims to be a champion of working families .
New Hampshire is one of only two states that have neither a sales tax nor an income tax on wages ( the other is Alaska ) , and Volinsky has raised eyebrows by saying that he ’ d be willing to consider imposing one .
Volinksy “ is from the Bernie Sanders wing of the party , ” said Scala .
If he wins after @ @ @ @ @ @ @ tax , “ it would upend two decades of gubernatorial primaries in which the Democratic Party has chosen to play it safe and not give Republicans an issue to run on.
” Both Democratic candidates have criticized Sununu for his approach to the coronavirus , including his decision to allow local school districts to decide how to reopen .
In a recent poll , however , 76 % of likely voters said they approved of Sununu ’ s handling of the pandemic , including 63 % of Democrats .
Polls show a tight @ @ @ @ @ @ @ they also show Sununu with a big lead over both of them .
“ We rate the primary as a toss-up , ” said Smith .
But he added that non-presidential primaries in the state are hard to poll because turnout tends to be low and it ’ s difficult to predict who will show up .
That ’ s especially true this year because of the pandemic , on top of which “ the candidates are largely unknown and the election is the day after Labor Day , ” Smith noted .
@ @ @ @ @ @ @ minor primary opposition from Karen Testerman , a libertarian radio talk show host , and a man named Rich Paul who legally changed his name to Nobody because , he said , “ a lot of the jobs in government , nobody should do.
” Nobody states on his website that “ I can ’ t even count how many times I ’ ve been arrested ” including one instance where “ I sold a pound of weed to a guy I used to buy ecstasy from.
” New Hampshire has a “ @ @ @ @ @ @ @ are registered to one party can only vote in that party ’ s balloting but independent voters can vote for either side .
Everyone in the state is eligible to vote by mail this year due to a pandemic-related order signed by Sununu .

Tuesday’s primary in New Hampshire — which could lead to the first Congressional election in U.S. history between two openly gay candidates — will also be an early test of President Donald Trump’s strength in a swing state that could be critical in November.
MANCHESTER, N.H. (CN) — Tuesday’s primary in New Hampshire — which could lead to the first Congressional election in U.S. history between two openly gay candidates — will also be an early test of President Donald Trump’s strength in a swing state that could be critical in November.
Trump has endorsed two non-incumbent candidates in races for Congress, both of whom have been criticized as “carpetbaggers” without long ties to the state. Tuesday’s results could indicate whether Granite State Republicans are falling in lockstep behind the president or will exhibit their famous independent streak.
The battle in the state’s 1st Congressional District is being closely watched because it’s one of the swingiest districts in the country, having changed hands four times between Democrats and Republicans from 2010 to 2016. Trump narrowly carried it in 2016 but two years later it elected its current Democratic Representative Chris Pappas.
In the Republican primary to challenge Pappas, Trump endorsed Matt Mowers, a 31-year-old from New Jersey who ran Chris Christie’s 2016 New Hampshire campaign. Mowers was later appointed by Trump as a senior White House adviser and worked as chief of staff to Dr. Deborah Birx.
President Trump poses for a photo with Matt Mowers, who is challenging Democratic Rep. Chris Pappas.
Despite Mowers’ role as a senior adviser, Trump mispronounced his name while endorsing him.
Mowers is running against Matt Mayberry, an Air Force veteran and businessman who claims to be more in touch with the district, which includes gritty Manchester as well as the seacoast and some rural areas.
“I’m the New Hampshire candidate,” Mayberry said. “I’ve been to all 239 towns and cities … I am Market Basket and Walmart, and my opponent is Whole Foods and Starbucks.”
A poll in August showed Mowers ahead 23% to 12% with well over half the Republican electorate still undecided.
Like Pappas, Mayberry is openly gay.
“It would be the first time in American history that both candidates for major office are gay,” he said. Mayberry would also be Congress’s first openly gay Republican.
Mowers leads in the money race, having raised almost $700,000 as of Aug. 19 with almost $375,000 in cash on hand. Mayberry raised less than $175,000 and had less than $22,000 on hand, according to the Federal Election Commission.
Mowers has also been endorsed by House Minority Leader Kevin McCarthy, while Mayberry was endorsed by former New Hampshire Senator John Sununu and former Arkansas Governor Mike Huckabee.
In the U.S. Senate primary, Trump endorsed Corky Messner, an independently wealthy West Point graduate who is anti-abortion rights and pro-gun and supports border security and free-market health care.
But Messner, if anything, is the moderate in the race. His opponent, Brigadier General Donald Bolduc, recently ran an ad consisting almost entirely of him saying "I didn't spend my life defending this country to let a bunch of liberal socialist pansies squander it away."
On screen, the ad describes Bolduc as “American Patriot. Hero. Bad*ss.”
Addressing the pandemic, Bolduc told a reporter, “I am unapologetically of the opinion that the masks cause more problems than they solve.”
The current senator, Democrat Jeanne Shaheen, has a large lead over both candidates, polls show.
Messner has far more money than Bolduc, but that’s because he contributed more than $3.8 million of his own funds to his campaign. Bolduc has raised more money than Messner through individual contributions.
Pulling in a lot of small donations “is often an indication of organizational strength that doesn’t show up in polling,” noted Andrew Smith, director of the University of New Hampshire Survey Center. Although Messner is ahead in the polls, “I wouldn’t be shocked if Bolduc won,” Smith said.


A Generational Advance

Don ’ t you hate it when a headline gets you excited about something possibly fabulous only to let you down with the story underneath it ?
Here ’ s an example from a press release the other day : “ Arizona Supreme Court Makes Generational Advance in Access to Justice.
” This has got to be good , right ?
Are they disbarring anyone over 70 and admitting teenagers to the bar ?
Are they supplying electricity to law firms ?
It ’ s none of the above .
In fact , the word “ generational ” or even @ @ @ @ @ @ @ found in the story underneath the headline .
What the release does say is that Arizona will now let nonlawyers do some limited legal stuff and have “ economic interests in law firms.
” Utah recently started an experiment with nonlawyers doing routine legal tasks and now Arizona is apparently the first state to allow nonlawyers to own law firms .
Much of the public discussion about this so far has been whether giant accounting firms will start competing with law firms , or whether giant law firms will start competing with accounting @ @ @ @ @ @ @ think people have fully considered all the possibilities here .
Imagine being able to walk into Target or Walmart or generic big box store to stock up on detergent and start a lawsuit against an annoying neighbor .
There ’ s no reason retail outlets couldn ’ t get into the legal business in Arizona .
It ’ s convenient and it could be a way to revitalize shopping malls .
I ’ m picturing someone slipping and falling in Walmart and then limping over to Macy ’ s to file suit .
@ @ @ @ @ @ @ justice .
Or how about fast law ?
A client could get a burger and a divorce without a leaving his or her car .
With the new rule about nonlawyers doing stuff , the same person flipping the burger could fill out an eviction notice .
Banks are a natural environment for lawyers .
Bank branches already have lots of desks and , with ATMs and mobile deposits , they ’ re nowhere near as busy as they used to be .
A customer could open an account and plan an estate @ @ @ @ @ @ @ could tell you how to fight a parking ticket .
My favorite possibility , though , is the legal improv group .
This consists of a troupe of comedians , actors and lawyers who perform in front of audiences of potential clients .
Performers take audience suggestions of a place , a relationship and a kind of lawsuit , and then show us the consequences .
You can pass out business cards after the show .
Bull zone .
I will confess to you right away that I know absolutely nothing about Elks @ @ @ @ @ @ @ as clubs with heads on the walls and guys with moustaches in safari outfits , but that could be a total fantasy .
Be that as it may , the Elks official name — the “ Benevolent and Protective Order of the Elks of the United States of America , Inc. ” — may be a subject of debate .
What exactly are these guys protecting ?
It ’ s definitely not women ’ s rights .
I bring this up in light of a ruling last week by a divided Texas appeals @ @ @ @ @ @ @ the “ Grand Lodge ” of the Elks revoked the charter of a local lodge in Austin after it elected a woman as “ Exalted Ruler.
” So much for benevolence and protection .
The legal dispute , in case you ’ re wondering , was over who owned property that the rogue Austin lodge used before it transformed from an Elks lodge into “ The High Road on Dawson.
” Taking the high road is never easy .
I don ’ t know what to make of the property dispute , but @ @ @ @ @ @ @ I ’ ve learned something new because I looked it up : male elk are called bulls .
Insert your own joke here .

The headlined touted a 'Generational Advance in Access to Justice.' Strap in for the thrill ride of a lifetime in what could have been.
Courthouse News columnist; racehorse owner and breeder; one of those guys who always got picked last.
Don’t you hate it when a headline gets you excited about something possibly fabulous only to let you down with the story underneath it? Here’s an example from a press release the other day: “Arizona Supreme Court Makes Generational Advance in Access to Justice.”
Generational?!?!
This has got to be good, right? Are they disbarring anyone over 70 and admitting teenagers to the bar? Are they supplying electricity to law firms?
It’s none of the above. In fact, the word “generational” or even “generation” is nowhere to be found in the story underneath the headline. What the release does say is that Arizona will now let nonlawyers do some limited legal stuff and have “economic interests in law firms.”
Utah recently started an experiment with nonlawyers doing routine legal tasks and now Arizona is apparently the first state to allow nonlawyers to own law firms.
Much of the public discussion about this so far has been whether giant accounting firms will start competing with law firms, or whether giant law firms will start competing with accounting firms, but I don’t think people have fully considered all the possibilities here.
Imagine being able to walk into Target or Walmart or generic big box store to stock up on detergent and start a lawsuit against an annoying neighbor. There’s no reason retail outlets couldn’t get into the legal business in Arizona. It’s convenient and it could be a way to revitalize shopping malls.
I’m picturing someone slipping and falling in Walmart and then limping over to Macy’s to file suit. There’s no reason to delay justice.
Or how about fast law? A client could get a burger and a divorce without a leaving his or her car. With the new rule about nonlawyers doing stuff, the same person flipping the burger could fill out an eviction notice.
Banks are a natural environment for lawyers. Bank branches already have lots of desks and, with ATMs and mobile deposits, they’re nowhere near as busy as they used to be. A customer could open an account and plan an estate at the same time. Your teller could tell you how to fight a parking ticket.
My favorite possibility, though, is the legal improv group. This consists of a troupe of comedians, actors and lawyers who perform in front of audiences of potential clients. Performers take audience suggestions of a place, a relationship and a kind of lawsuit, and then show us the consequences.
You can pass out business cards after the show.
Bull zone. I will confess to you right away that I know absolutely nothing about Elks lodges. I’ve pictured them as clubs with heads on the walls and guys with moustaches in safari outfits, but that could be a total fantasy.
Be that as it may, the Elks official name — the “Benevolent and Protective Order of the Elks of the United States of America, Inc.” — may be a subject of debate. What exactly are these guys protecting? It’s definitely not women’s rights.
I bring this up in light of a ruling last week by a divided Texas appeals court panel in which we learn that the “Grand Lodge” of the Elks revoked the charter of a local lodge in Austin after it elected a woman as “Exalted Ruler.” So much for benevolence and protection.
The legal dispute, in case you’re wondering, was over who owned property that the rogue Austin lodge used before it transformed from an Elks lodge into “The High Road on Dawson.”
Taking the high road is never easy.
I don’t know what to make of the property dispute, but I’m happy to report that I’ve learned something new because I looked it up: male elk are called bulls. Insert your own joke here.


courthousenews--2020-09-09--Landlord Sues to Block CDC Ban on Evictions During Pandemic

ATLANTA ( CN ) — A Virginia landlord sued the Trump administration Tuesday seeking to block the U.S. Centers for Disease Control and Prevention ’ s coronavirus-based ban on residential evictions .
Landlord Rick Brown and his attorneys at New Civil Liberties Alliance called the CDC ’ s eviction ban an “ affront to core constitutional limits on federal power , ” adding the agency ’ s nationwide moratorium during the pandemic is unlawful .
Specifically , Brown complains the order violates his right to access the courts to evict tenants who stop paying rent .
“ When Mr. Brown @ @ @ @ @ @ @ he should have been able to follow the lawful process laid down by the Virginia General Assembly for retaking possession of his home , ” Brown says in his complaint .
“ Mr .
Brown failed to anticipate , however that the U.S. Centers for Disease Control , a federal agency , would issue a sweeping unilateral order suspending state law under the flimsy premise that doing so was ‘ necessary ’ to control the Covid-19 pandemic , ” he says .
According to the complaint , Brown ’ s tenant fell behind @ @ @ @ @ @ @ cited “ economic stress arising from the Covid-19 pandemic ” as the cause .
But Brown says he has a mortgage on the property and makes monthly payments of about $ 400 for the mortgage principal , interest and taxes .
His lawsuit comes in response to a declaration signed by CDC Director Robert Redfield last week that evictions of tenants could be detrimental to public health control measures to slow the spread of Covid-19 .
“ Under this order , a landlord , owner of a residential property , or other person @ @ @ @ @ @ @ or possessory action , shall not evict any covered person from any residential property in any jurisdiction to which this order applies during the effective period of the order , ” the CDC said in a statement accompanying the order .
Redfield had issued the order under Section 361 of the Public Health Service Act to temporarily halt residential evictions effective Sept. 4 through Dec. 31 , 2020 .
“ In the context of a pandemic , eviction moratoria — like quarantine , isolation , and social distancing — can be an effective @ @ @ @ @ @ @ spread of communicable disease , ” the CDC said .
But Brown says he upheld his end of the rental bargain and shouldn ’ t be punished by the CDC .
He seeks a preliminary injunction or a temporary restraining order blocking the ban .
His complaint names the U.S. Department of Health and Human Services and its secretary Alex Azar as defendants as well as Nina Witkofsky , the acting chief of staff of the CDC .
According to the CDC , moratoria like this “ also allow state and local authorities @ @ @ @ @ @ @ distancing directives to mitigate the community spread of Covid-19 , ” and gives homeless shelters the ability to safely accommodate people .
The agency said the move furthers public health efforts by helping to facilitate the self-isolation of people who are ill or who have underlying conditions and are at risk for severe illness from Covid-19 .
“ Furthermore , housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings , such as homeless shelters , which then puts individuals at higher risk to Covid-19 , @ @ @ @ @

A Virginia landlord sued the Trump administration Tuesday seeking to block the U.S. Centers for Disease Control and Prevention’s coronavirus-based ban on residential evictions.
ATLANTA (CN) — A Virginia landlord sued the Trump administration Tuesday seeking to block the U.S. Centers for Disease Control and Prevention’s coronavirus-based ban on residential evictions.
Landlord Rick Brown and his attorneys at New Civil Liberties Alliance called the CDC’s eviction ban an “affront to core constitutional limits on federal power,” adding the agency’s nationwide moratorium during the pandemic is unlawful.
Specifically, Brown complains the order violates his right to access the courts to evict tenants who stop paying rent.
“When Mr. Brown’s tenant breached her agreement, he should have been able to follow the lawful process laid down by the Virginia General Assembly for retaking possession of his home,” Brown says in his complaint.
“Mr. Brown failed to anticipate, however that the U.S. Centers for Disease Control, a federal agency, would issue a sweeping unilateral order suspending state law under the flimsy premise that doing so was ‘necessary’ to control the Covid-19 pandemic,” he says.
According to the complaint, Brown’s tenant fell behind on her $925 monthly rent and cited “economic stress arising from the Covid-19 pandemic” as the cause.
But Brown says he has a mortgage on the property and makes monthly payments of about $400 for the mortgage principal, interest and taxes.
His lawsuit comes in response to a declaration signed by CDC Director Robert Redfield last week that evictions of tenants could be detrimental to public health control measures to slow the spread of Covid-19.
“Under this order, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this order applies during the effective period of the order,” the CDC said in a statement accompanying the order.
Redfield had issued the order under Section 361 of the Public Health Service Act to temporarily halt residential evictions effective Sept. 4 through Dec. 31, 2020.
“In the context of a pandemic, eviction moratoria — like quarantine, isolation, and social distancing — can be an effective public health measure utilized to prevent the spread of communicable disease,” the CDC said.
But Brown says he upheld his end of the rental bargain and shouldn’t be punished by the CDC.
He seeks a preliminary injunction or a temporary restraining order blocking the ban.
His complaint names the U.S. Department of Health and Human Services and its secretary Alex Azar as defendants as well as Nina Witkofsky, the acting chief of staff of the CDC.
According to the CDC, moratoria like this “also allow state and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of Covid-19,” and gives homeless shelters the ability to safely accommodate people.
The agency said the move furthers public health efforts by helping to facilitate the self-isolation of people who are ill or who have underlying conditions and are at risk for severe illness from Covid-19.
“Furthermore, housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings, such as homeless shelters, which then puts individuals at higher risk to Covid-19,” the agency said.


Vaccine Stalled

CAMBRIDGE , United Kingdom — Drugmaker AstraZeneca said Tuesday it has paused its late-stage studies of a Covid vaccine while @ @ @ @ @ serious side effect in a test subject .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-09-08--Mitsubishi Accused of Ignoring Years of Workplace Racism

OAKLAND , Calif. ( CN ) — On June 26 , 2019 , elevator mechanic Leiroi Bowie arrived at a construction site to find a noose wrapped around a wooden barricade , right next to the elevator on which he was assigned to work .
Though horrifying to be sure , the racist symbol was not an altogether uncommon sight for 42-year-old Bowie , who has worked on job sites for Mitsubishi Electric & Electronics US , Inc. throughout the San Francisco Bay Area since 2016 .
Bowie , who is now suing Mitsubishi Electric , says he regularly observed @ @ @ @ @ @ @ “ from swastikas to ‘ KKK ’ to the N-word.
” Bowie is joined by three other skilled Black mechanics in a lawsuit filed in Alameda County Superior Court late Friday that meticulously chronicles — with photographic evidence — years of abuse , threats , and racist comments that went largely unaddressed by the company ’ s human resources department .
They also claim they were denied overtime opportunities and assigned menial tasks like sweeping the floor while white apprentices were given actual elevator work and the chance to advance in the company @ @ @ @ @ @ @ was get a paycheck and not be harassed , ” their attorney Larry Organ with the Civil Rights Law group said in an interview Tuesday .
He said in 26 years as a civil rights attorney he ’ s never seen such an array of well-documented workplace racism .
“ I ’ ve never seen this spectrum of hateful conduct that is actually documented with pictures so that we know what happened .
It just shows you what ’ s going on right now even here in the Bay Area , ” he @ @ @ @ @ @ @ discouraging that this is going on in the Bay Area and it highlights the level of empowerment that people with racist views have .
“ Our clients complained to supervisors , managers , and HR for several years and the conduct was out in the open .
These are things people could easily see and yet they didn ’ t do anything.
” Craig Martin , 50 , started with the company in September 2016 .
He suffered a stroke roughly two years later , which he attributes in large part to the @ @ @ @ @ @ @ racist work environment .
Martin says a few days after he returned home from the hospital , his supervisor showed up at his home with his last check and a termination notice .
He was allowed to return to work only after he complained to his union .
“ Imagine the emotional toll that takes to be told that you ’ re fired when you ’ re recovering from a stroke brought on by the stress of the harassment you ’ re going through in the workplace , ” Organ said .
Gabriel @ @ @ @ @ @ @ mechanic with Mitsubishi in 2018 .
That same year he encountered a drawing of a black monkey on a job site .
And there were more images in the coming months — a hanging man drawn on an elevator entrance in October 2019 , a swastika in the bathroom a month later , and the words “ KKK ” in the hallway in January 2020 .
All three incidents occurred at 385 14th Street in downtown Oakland .
The images were not isolated to one location .
This July , Ross saw a @ @ @ @ @ @ @ the “ BLM ” written with an arrow pointing at the person ’ s buttocks in the bathroom at 75 Howard Street in San Francisco .
Ross says his personal belongings were also defaced with racist imagery .
In April 2018 , he found Satanic stars and “ KKK ” written on his toolbox .
The apprentice who acknowledged writing it was temporarily moved to another site , only to be reassigned to work on the same site as Ross even though Ross clearly said he never wanted to work with the man @ @ @ @ @ @ @ , the apprentice was never formally disciplined , but was promoted to mechanic in charge , according to the lawsuit .
Ross also says the apprentice threatened him and called him a “ rat mother fucker ” for reporting his conduct to HR .
When Lavell Roberson , 55 , started with Mitsubishi in 2017 , he was told a superintendent used the “ N-word ” at work despite employee complaints .
It wasn ’ t long before Roberson was also subjected to the superintendent ’ s racist remarks .
According to the @ @ @ @ @ @ @ asked Roberson “ How do you get a Black guy out of the tree ?
Cut the rope.
” The lawsuit says a mechanic in charge repeatedly used the “ N-word , ” “ KKK , ” and “ monkey ” in reference to Black people .
For years he carried a toolbox inscribed with “ RIGGIN , ” which he would ask employees to read backwards .
Ross said he sent a photo of the toolbox to the company ’ s HR director .
“ The sign had been there for many @ @ @ @ @ @ @ , yet failed to discipline Mr. Florence for his conduct , ” the lawsuit says of the HR director .
While another apprentice acknowedged placing the noose next to the elevator in June 2019 , the lawsuit says a witness corroborated the mechanic in charge ’ s involvement .
The man also told Bowie to keep his name out of his mouth when he went to report the noose , according to the lawsuit .
Martin says the man also routinely cracked racist jokes at his expense while trying to impress an adjuster @ @ @ @ @ @ @ Martin , “ Man , if maybe you didn ’ t stay in the ghetto you wouldn ’ t be so dumb , ” or “ Where did you learn to do elevators , in the hood ?
” Or another time when in front of a food truck he told Martin “ go get that chicken , you like that chicken man.
” The lawsuit says the adjuster and the superintendent discouraged advancement and denied Black employees training opportunities .
When Roberson expressed an interest in a superintendent position , the superintendent @ @ @ @ @ @ @ and blocked his application , the complaint says .
New white hires from out of state were also giving housing accommodations , a benefit not offered to Black out-of-state hires like Roberson .
Though the superintendent specifically promised this benefit to Roberson he revoked it after meeting Roberson in person according to the lawsuit .
Mitsubishi did not respond to emails seeking comment Tuesday .
The superintendent was fired after Roberson said he had retained lawyers , a point the company noted before the men filed their lawsuit .
The company also fired @ @ @ @ @ @ @ the elevator in 2018 .
“ It is too little too late because this conduct went on for years , ” Organ said .
Ross , Martin , Roberson , and Bowie seek exemplary and punitive damages for race discrimination , harassment , retaliation and violation of the California Family Rights Act .
All four men still work at Mitsubishi .
“ They are committed to helping bring change for other elevator mechanics so people of color in general and Black mechanics more particularly don ’ t have to go through similar conduct @ @ @ @ @ @ @ .
“ This is exactly what our civil rights laws were designed for — to help bring about change through public lawsuits .
it takes a lot of courage to stand up to a multibillion-dollar company like Mitsubishi .
”

“Imagine the emotional toll that takes to be told that you're fired when you're recovering from a stroke brought on by the stress of the harassment you're going through in the workplace,” Organ said.
Gabriel Ross, 46, started as a mechanic with Mitsubishi in 2018. That same year he encountered a drawing of a black monkey on a job site.
And there were more images in the coming months — a hanging man drawn on an elevator entrance in October 2019, a swastika in the bathroom a month later, and the words “KKK” in the hallway in January 2020. All three incidents occurred at 385 14th Street in downtown Oakland.
The images were not isolated to one location. This July, Ross saw a drawing of a person bent over and the “BLM” written with an arrow pointing at the person’s buttocks in the bathroom at 75 Howard Street in San Francisco.
Ross says his personal belongings were also defaced with racist imagery. In April 2018, he found satanic stars and “KKK” written on his toolbox. The apprentice who acknowledged writing it was temporarily moved to another site, only to be reassigned to work on the same site as Ross even though Ross clearly said he never wanted to work with the man again.
Ross, who also spoke out on Tuesday, said he felt like he was being attacked for complaining about the incident, even though he was the victim.
“It's obvious they didn't care or take it seriously,” he said.
Ross also says the apprentice threatened him and called him a “rat mother fucker” for reporting his conduct to HR.
When Ross saw the noose at Bowie’s site a year later, he felt like things were escalating.
“It is a direct attack on us as Black men. For me to have my friends attacked like that. I felt it myself. I felt like my life was in danger, like his life in danger,” Ross said. "The graffiti was one thing and they dealt with that lightly. I'm like what's next?”
The lawsuit also describes a pattern of verbal harassment.
When Lavell Roberson, 55, started with Mitsubishi in 2017, he was told a superintendent used the “N-word” at work despite employee complaints. It wasn’t long before Roberson was also subjected to the superintendent’s racist remarks. According to the complaint, at one point, he asked Roberson “How do you get a Black guy out of the tree? Cut the rope.”
The lawsuit says a mechanic in charge repeatedly used the “N-word,” “KKK,” and “monkey” in reference to Black people. For years he carried a toolbox inscribed with “RIGGIN,” which he would ask employees to read backwards. Ross said he sent a photo of the toolbox to the company’s HR director. “The sign had been there for many years and she was aware of it, yet failed to discipline Mr. Florence for his conduct,” the lawsuit says of the HR director.
While another apprentice acknowedged placing the noose next to the elevator in June 2019, the lawsuit says a witness corroborated the mechanic in charge’s involvement. The man also told Bowie to keep his name out of his mouth when he went to report the noose, according to the lawsuit.
Martin says the man also routinely cracked racist jokes at his expense while trying to impress an adjuster. Like the time he said to Martin, “Man, if maybe you didn’t stay in the ghetto you wouldn’t be so dumb,” or “Where did you learn to do elevators, in the hood?” Or another time when in front of a food truck he told Martin “go get that chicken, you like that chicken man.”
The adjuster just laughed.
The lawsuit says the adjuster and the superintendent discouraged advancement and denied Black employees training opportunities, repeatedly referring to Black employees as “undesirables.” When Roberson expressed an interest in a superintendent position, the superintendent told him “shut that down” and blocked his application, the complaint says.
New white hires from out of state were also given housing accommodations, a benefit not offered to Black out-of-state hires like Roberson. Though the superintendent specifically promised this benefit to Roberson he revoked it after meeting Roberson in person according to the lawsuit.
In an emailed statement, Mitsubishi Electric chief operating officer Michael Corbo said the company had investigated the complaints lodged by the men.
"Mitsubishi Electric US embraces diversity and inclusion. Some very serious allegations have been made against our company, and while we are unable to comment on the specifics of this case because of employee privacy rules, what we can say is this: our company previously investigated all complaints the employees raised and took prompt action as appropriate,” Corbo said.
“Mitsubishi Electric US does not tolerate harassment, discrimination or retaliation. We have strong policies and practices against harassment, discrimination and retaliation and provide regular training on those policies and practices. We encourage employees to report issues immediately. We investigate those issues thoroughly."
The superintendent was fired after Roberson said he had retained lawyers, a point the company noted before the men filed their lawsuit. The company also fired the apprentice who left the noose near the elevator in 2018.
“It is too little too late because this conduct went on for years,” Organ said.
Bowie and Ross agreed, saying many of the people still involved in racist conduct remain at the company. The adjuster, Ross said, “is still controlling much of construction at our company and he was the guy who wouldn't do anything in my situation. Just firing somebody doesn't handle it because most of the players are still playing the game.”
Ross, Martin, Roberson, and Bowie seek exemplary and punitive damages for race discrimination, harassment, retaliation and violation of the California Family Rights Act.
Ross said upper management visited his job site Tuesday, where he felt like he was being watched. “They were right there,” he said. “Right in my face.”
While it may feel retaliatory, Ross remains resolute. “I'm not going to let somebody drive me out of something I love,”he said. “I love being in elevator construction. I love it so much I had my son take the test.”
Ross said that having a 22-year-old son preparing to enter the industry motivates him to fight even harder to change the culture, so his son won’t ever have to encounter a noose at a job site.
“I’m not going to fall back, I’m going to fall forward,” he said.
For Bowie, it’s a matter of not backing down in the face of overwhelming pressure to just give up.
“I like the Mitsubishi product. I just don't like the people I work with due to their racist nature and their attitude. I don't want to show my kids that when times get tough you quit. I want to send the message that is isn't cool and won't be tolerated,” he said.
“I like what I do. I like constructing elevators,” he added. “I like problem solving. I like the knowledge I've obtained throughout the years. You walk into an elevator shaft and there's nothing there. And months later you have this whole machine transporting people to other floors.”


courthousenews--2020-09-08--California Courts Covid Update

California Courts Covid Update

Sept. 5 , 2020 : Action to close or reduce services at multiple courthouses Sept. 3 , 2020 : Order @ @ @ @ @ in limited civil cases Sept. 3 , 2020 : Order regarding service for responsive pleadings @ @ @ @ @ 8 , 2020 : Audio streaming currently unavailable , court is working to resolve the @


courthousenews--2020-09-08--Ninth Circuit Sides With ‘Jersey Boys’ Writers in Copyright Battle

( CN ) — The Ninth Circuit ruled Monday that “ Jersey Boys , ” the hit Broadway musical that depicts the history of the Four Seasons band , did not infringe the copyright of an unpublished autobiography of Tommy DeVito , an original member of the musical group featuring lead singer Frankie Valli .
A three-judge panel affirmed a federal judge ’ s judgment as a matter of law in favor of the defendants , the play ’ s creators , in a suit brought by Donna Corbello , whose late husband , Rex Woodard , a Texas lawyer @ @ @ @ @ @ @ the unpublished book , known legally as the “ work.
” The lower court judge ’ s ruling overturned a unanimous jury verdict in Reno , Nevada .
The jury found that 10 % of the success of “ Jersey Boys , ” which debuted on Broadway in 2005 and received four Tony Awards , was attributable to infringement of the book .
The jury was not asked to determine or award damages .
The panel ’ s opinion , written by U.S .
Circuit Judge Marsha Berzon , focuses primarily on the @ @ @ @ @ @ @ facts .
“ On close examination , each of the alleged similarities between the play and the work are based on historical facts , common phrases and scenes-a-faire… , or elements that were treated as facts in the work and are thus unprotected by copyright , even though now challenged as fictional , ” Berzon , a Bill Clinton appointee , wrote .
Scenes-a-faire , according to a case cited by the opinion , refer to scenes that are indispensable , or at least standard , in the treatment of a given idea @ @ @ @ @ @ @ defendants violated Corbello ’ s copyright by depicting in the play events in their own lives that are also documented in the work .
Because the play did not copy any protected elements of the work , we conclude , there was no copyright infringement.
” The opinion also found that some of the 12 similarities between the play and the book that the jury considered did not amount to infringement under what some courts have referred to as the doctrine of copyright estoppel .
The Ninth Circuit panel preferred to call the @ @ @ @ @ @ @ doctrine because the author ’ s claims that the book ’ s account is truthful trigger the doctrine ’ s application .
Under the doctrine , an author who calls their book nonfiction can not later legally claim that aspects of the book were actually made up and thus entitled to full copyright protection .
“ Here , the text of the work explicitly represents its account as historically accurate , not historical fiction , ” Berzon wrote for the panel .
“ In the work ’ s early pages , the DeVito @ @ @ @ @ @ @ complete and truthful chronicle of the Four Seasons.
’ He promises not to allow ‘ bitterness to taint the true story ’ and notes his ‘ candor.
’ ” U.S .
Circuit Judges A. Wallace Tashima and William Fletcher , also Bill Clinton appointees , joined the opinion .
David Korzenik , a primary attorney for the defendants , said in an interview that the Ninth Circuit ’ s finding that facts presented as facts are not protected by copyright is certainly not new .
“ It ’ s an intelligent back to @ @ @ @ @ @ @ sometimes need to be reminded of that , ” he said of the opinion .
In her suit , filed in 2007 , Corbello claimed the defendants used the unpublished autobiography in creating the “ Jersey Boys ” script .
Her husband finished the book in 1991 and died the following year .
While trying to get the book published in the wake of the musical ’ s success , Corbello discovered that DeVito obtained a copyright registration for the book .
Corbello then added her husband as a co-owner of the copyright @ @ @ @ @ @ @ musical ’ s writers a copy of the book , which one of the plaintiff ’ s attorneys called a “ eureka ” moment .
The plaintiff also sued DeVito but settled with him before the trial .
During the trial , the judge dismissed Valli and Bob Guadio , another Four Seasons member , as defendants , ruling the evidence showed that neither of them even knew about the unpublished book until their depositions .
The other defendants included the producer , writers and director of the play .
Plaintiff ’ s @ @ @ @ @ @ @ ” writers mined the book to make the play more interesting .
On the other hand , defense attorneys argued that most of the similarities between the book and the play cited by the plaintiff are single words or common two-or-three-word phrases that aren ’ t even close to being original creative expressions protected by copyright .

The Ninth Circuit ruled Tuesday that “Jersey Boys,” the hit Broadway musical that depicts the history of the Four Seasons band, did not infringe the copyright of an unpublished autobiography of Tommy DeVito, an original member of the musical group featuring lead singer Frankie Valli.
(CN) — The Ninth Circuit ruled Monday that “Jersey Boys,” the hit Broadway musical that depicts the history of the Four Seasons band, did not infringe the copyright of an unpublished autobiography of Tommy DeVito, an original member of the musical group featuring lead singer Frankie Valli.
A three-judge panel affirmed a federal judge’s judgment as a matter of law in favor of the defendants, the play’s creators, in a suit brought by Donna Corbello, whose late husband, Rex Woodard, a Texas lawyer and devoted Four Seasons fan, wrote the unpublished book, known legally as the “work.”
The lower court judge’s ruling overturned a unanimous jury verdict in Reno, Nevada. The jury found that 10% of the success of “Jersey Boys,” which debuted on Broadway in 2005 and received four Tony Awards, was attributable to infringement of the book. The jury was not asked to determine or award damages.
The panel’s opinion, written by U.S. Circuit Judge Marsha Berzon, focuses primarily on the principle that copyright does not protect historical facts.
“On close examination, each of the alleged similarities between the play and the work are based on historical facts, common phrases and scenes-a-faire..., or elements that were treated as facts in the work and are thus unprotected by copyright, even though now challenged as fictional,” Berzon, a Bill Clinton appointee, wrote.
Scenes-a-faire, according to a case cited by the opinion, refer to scenes that are indispensable, or at least standard, in the treatment of a given idea.
“Neither Valli nor the other defendants violated Corbello’s copyright by depicting in the play events in their own lives that are also documented in the work. Because the play did not copy any protected elements of the work, we conclude, there was no copyright infringement.”
The opinion also found that some of the 12 similarities between the play and the book that the jury considered did not amount to infringement under what some courts have referred to as the doctrine of copyright estoppel. The Ninth Circuit panel preferred to call the copyright rule the “asserted truths” doctrine because the author’s claims that the book’s account is truthful trigger the doctrine’s application.
Under the doctrine, an author who calls their book nonfiction cannot later legally claim that aspects of the book were actually made up and thus entitled to full copyright protection.
“Here, the text of the work explicitly represents its account as historically accurate, not historical fiction,” Berzon wrote for the panel. “In the work’s early pages, the DeVito narrator describes the work as the ‘complete and truthful chronicle of the Four Seasons.’ He promises not to allow ‘bitterness to taint the true story’ and notes his ‘candor.’”
U.S. Circuit Judges A. Wallace Tashima and William Fletcher, also Bill Clinton appointees, joined the opinion.
David Korzenik, a primary attorney for the defendants, said in an interview that the Ninth Circuit’s finding that facts presented as facts are not protected by copyright is certainly not new.
“It’s an intelligent back to basics of copyright law, and people sometimes need to be reminded of that,” he said of the opinion.
In her suit, filed in 2007, Corbello claimed the defendants used the unpublished autobiography in creating the “Jersey Boys” script. Her husband finished the book in 1991 and died the following year.
While trying to get the book published in the wake of the musical’s success, Corbello discovered that DeVito obtained a copyright registration for the book. Corbello then added her husband as a co-owner of the copyright registration.
DeVito gave one of the musical’s writers a copy of the book, which one of the plaintiff’s attorneys called a “eureka” moment.
The plaintiff also sued DeVito but settled with him before the trial.
During the trial, the judge dismissed Valli and Bob Guadio, another Four Seasons member, as defendants, ruling the evidence showed that neither of them even knew about the unpublished book until their depositions. The other defendants included the producer, writers and director of the play.
Plaintiff’s attorneys argued that the “Jersey Boys” writers mined the book to make the play more interesting.
On the other hand, defense attorneys argued that most of the similarities between the book and the play cited by the plaintiff are single words or common two-or-three-word phrases that aren’t even close to being original creative expressions protected by copyright.


Nursing Homes

AUSTIN , Texas — Two Texas families filed a lawsuit in state court challenging a ban on visitors at nursing @ @ @ @ @ , claiming state officials and the facilities are violating their rights to freely assemble with @ @ @


courthousenews--2020-09-08--House Lawmakers to Investigate Deaths at Texas Army Base

KILLEEN , Texas ( CN ) — Two House subcommittees announced Tuesday an investigation into the leadership at Fort Hood after the deaths of 28 soldiers at the central Texas post this year , in addition to reports of sexual assaults .
The House Armed Services Subcommittee on Military Personnel and House Oversight and Reform Committee ’ s Subcommittee on National Security asked Secretary of the Army Ryan D. McCarthy to produce documents concerning the disappearance and deaths of Sergeant Elder Fernandes , Specialist Vanessa Guillen , Private Gregory Wedel-Morales and Private Mejhor Morta .
The subcommittees also seek documents @ @ @ @ @ @ @ Brandon Scott Rosecrans , Specialist Freddy Delacruz Jr. and Specialist Shelby Tyler Jones .
An eight-page letter authored by respective subcommittee leaders Jackie Speier , D-Calif. , and Stephen Lynch , D-Mass.
, states they “ are jointly investigating whether an alarming pattern of recent tragedies at Fort Hood , Texas , may be symptomatic of underlying leadership , discipline and morale deficiencies throughout the chain-of-command.
” “ Where appropriate , we intend to seek justice on behalf of those in uniform , and their families , who may have been failed by @ @ @ @ @ @ @ ultimately responsible for their care and protection , ” the letter states .
“ According to the Army , between 2014 and 2019 , there were an average of 129 felonies committed annually at Fort Hood , including cases of homicide , sexual assault , kidnapping , robbery and aggravated assault.
” Private Corlton Chee , 25 , of Pinehill , New Mexico , was the 28th soldier to die this year at Fort Hood when he collapsed after a physical fitness training exercise last week .
Guillen , 20 , from Houston @ @ @ @ @ @ @ she disappeared from the base in April .
Her body was found three months later in Bell County .
Specialist Aaron Robinson committed suicide when police attempted to arrest him for the death .
Guillen ’ s family accuse Army leadership of covering-up her death , claiming Robinson had sexually harassed her before her disappearance and death .
Robinson ’ s girlfriend , Cecily Aguilar , 22 , faces up to 20 years in federal prison if convicted on a charge of conspiracy to tamper with evidence .
Federal prosecutors accuse Aguilar of @ @ @ @ @ @ @ her with a hammer at a Fort Hood armory .
Fort Hood officials did not immediately respond to a request for comment Tuesday afternoon .
Congressman Lynch said the investigation seeks to determine “ whether base leadership allowed or enabled a culture to exist ” that lead to the disappearances and deaths .
“ These tragic losses are a breach of the traditions that we have come to expect from our armed services and mark a failure to respect and honor the decision of these young men and women who volunteered to serve @ @ @ @ @ @ @ Lynch ’ s intervention comes two weeks after he demanded a complete investigation into the death of Fernandes , 23 , from Brockton , Massachusetts .
Fernandes was found hung in a tree in nearby Temple on Aug. 25 , soon after he reported allegations of sexual abuse , bullying and retaliation against him .
The announcement of the House investigation comes one week after Major General Scott Efflandt was relieved of command at Fort Hood .
Secretary McCarthy has since ordered an independent review of the post , but the subcommittees say @ @ @ @ @ @ @ the Army has directed an independent review of Fort Hood , congressional oversight is necessary to determine whether base leadership – by omission or commission – has allowed or enabled a culture to exist that undermines the values and traditions of the U.S. Army , ” the letter states .
Fort Hood officials have until Oct. 2 to produce the documents .

Two House subcommittees announced Tuesday an investigation into the leadership at Fort Hood after the deaths of 28 soldiers at the central Texas post this year, in addition to reports of sexual assaults.
KILLEEN, Texas (CN) — Two House subcommittees announced Tuesday an investigation into the leadership at Fort Hood after the deaths of 28 soldiers at the central Texas post this year, in addition to reports of sexual assaults.
The House Armed Services Subcommittee on Military Personnel and House Oversight and Reform Committee’s Subcommittee on National Security asked Secretary of the Army Ryan D. McCarthy to produce documents concerning the disappearance and deaths of Sergeant Elder Fernandes, Specialist Vanessa Guillen, Private Gregory Wedel-Morales and Private Mejhor Morta.
The subcommittees also seek documents regarding the deaths of Private First Class Brandon Scott Rosecrans, Specialist Freddy Delacruz Jr. and Specialist Shelby Tyler Jones.
An eight-page letter authored by respective subcommittee leaders Jackie Speier, D-Calif., and Stephen Lynch, D-Mass., states they “are jointly investigating whether an alarming pattern of recent tragedies at Fort Hood, Texas, may be symptomatic of underlying leadership, discipline and morale deficiencies throughout the chain-of-command.”
“Where appropriate, we intend to seek justice on behalf of those in uniform, and their families, who may have been failed by a military system and culture that was ultimately responsible for their care and protection,” the letter states. “According to the Army, between 2014 and 2019, there were an average of 129 felonies committed annually at Fort Hood, including cases of homicide, sexual assault, kidnapping, robbery and aggravated assault.”
Private Corlton Chee, 25, of Pinehill, New Mexico, was the 28th soldier to die this year at Fort Hood when he collapsed after a physical fitness training exercise last week.
Guillen, 20, from Houston, received the most media coverage when she disappeared from the base in April. Her body was found three months later in Bell County. Specialist Aaron Robinson committed suicide when police attempted to arrest him for the death. Guillen’s family accuse Army leadership of covering-up her death, claiming Robinson had sexually harassed her before her disappearance and death.
Robinson’s girlfriend, Cecily Aguilar, 22, faces up to 20 years in federal prison if convicted on a charge of conspiracy to tamper with evidence. Federal prosecutors accuse Aguilar of helping to bury Guillen after Robinson killer her with a hammer at a Fort Hood armory.
Army spokesperson Lieutenant Colonel Driece M. Harris confirmed Wednesday that Fort Hood officials will comply with the information request.
“We are deeply saddened by these tragedies and have several ongoing investigations and reviews to better understand the climate, the leadership, resources, and determine if systemic problems exist,” she said in an email message.
Congressman Lynch said the investigation seeks to determine “whether base leadership allowed or enabled a culture to exist” that lead to the disappearances and deaths.
“These tragic losses are a breach of the traditions that we have come to expect from our armed services and mark a failure to respect and honor the decision of these young men and women who volunteered to serve our country,” he tweeted.
Lynch’s intervention comes two weeks after he demanded a complete investigation into the death of Fernandes, 23, from Brockton, Massachusetts. Fernandes was found hung in a tree in nearby Temple on Aug. 25, soon after he reported allegations of sexual abuse, bullying and retaliation against him.
The announcement of the House investigation comes one week after Major General Scott Efflandt was relieved of command at Fort Hood. Secretary McCarthy has since ordered an independent review of the post, but the subcommittees say that is not enough.
“While the Army has directed an independent review of Fort Hood, congressional oversight is necessary to determine whether base leadership – by omission or commission – has allowed or enabled a culture to exist that undermines the values and traditions of the U.S. Army,” the letter states.
Fort Hood officials have until Oct. 2 to produce the documents.


courthousenews--2020-09-08--Poll Finds Trump and Biden Tied in Battleground Florida

The president is ahead with white voters and those in small towns or rural areas , while his opponent leads among Black Floridians and likely voters with a college degree .
( CN ) — President Donald Trump and his Democratic challenger Joe Biden are locked in a dead heat in Florida eight weeks ahead of Election Day , according to a poll released Tuesday .
The NBC News/Marist poll shows support for Trump and Biden evenly split statewide , with each capturing the support of 48 % of likely voters in the battleground state .
Among all registered voters @ @ @ @ @ @ @ a 1-point lead over Biden , with 48 % of respondents saying they would vote for him if the election were held today compared to 47 % who say they would vote for the former vice president .
Although 45 % say they approve of Trump ’ s job performance and 48 % say they disapprove , Trump holds the lead over Biden on which candidate would better handle the economy ( 53 % to 40 % ) and crime ( 48 % to 45 % ) .
However , Biden comes out @ @ @ @ @ @ @ Covid-19 pandemic ( 49 % to 40 % ) and racial unrest , with 51 % saying they believe Biden could better handle race issues compared to just 37 % for the incumbent .
The poll surveyed 1,146 adults via phone between Aug. 31 and Sept. 6 and reflects data collected from 1,047 registered voters , with a margin of error of plus or minus 3.9 percentage points .
Based on turnout modeling , 766 of those registered voters are likely to participate in the November election , with a margin of error @ @ @ @ @ @ @ .
According to the poll , the president is ahead with white voters , especially white men without a college degree , and voters in small towns or rural areas .
Trump has also improved his polling among Latinos since the 2016 exit poll , garnering 50 % in Tuesday ’ s poll compared to 35 % in his race against Hillary Clinton .
But Trump has lost his lead with Florida ’ s seniors , polling at 48 % among people 65 and older compared to 57 % in 2016 .
Biden @ @ @ @ @ @ @ the state , the poll found , and those with a college degree who are likely to vote .
“ It ’ s not unusual for Florida to be this close , ” Lee M. Miringoff , director of the Marist College Institute for Public Opinion , said Tuesday .
“ If Trump loses Florida , it ’ s game over .
If Trump wins , the story of the night will still have to be told , ” Miringoff added , likely referring to other crucial battleground states like Michigan , Wisconsin @ @ @ @ @ @ @ just over 1 percentage point four years ago .

President Donald Trump and his Democratic challenger Joe Biden are locked in a dead heat in Florida eight weeks ahead of Election Day, according to a poll released Tuesday.
(CN) — President Donald Trump and his Democratic challenger Joe Biden are locked in a dead heat in Florida eight weeks ahead of Election Day, according to a poll released Tuesday.
The NBC News/Marist poll shows support for Trump and Biden evenly split statewide, with each capturing the support of 48% of likely voters in the battleground state.
Among all registered voters, the poll found that Trump holds a 1-point lead over Biden, with 48% of respondents saying they would vote for him if the election were held today compared to 47% who say they would vote for the former vice president.
Although 45% say they approve of Trump’s job performance and 48% say they disapprove, Trump holds the lead over Biden on which candidate would better handle the economy (53% to 40%) and crime (48% to 45%).
However, Biden comes out ahead on who would better handle the Covid-19 pandemic (49% to 40%) and racial unrest, with 51% saying they believe Biden could better handle race issues compared to just 37% for the incumbent.
The poll surveyed 1,146 adults via phone between Aug. 31 and Sept. 6 and reflects data collected from 1,047 registered voters, with a margin of error of plus or minus 3.9 percentage points. Based on turnout modeling, 766 of those registered voters are likely to participate in the November election, with a margin of error of plus or minus 4.5 percentage points.
According to the poll, the president is ahead with white voters, especially white men without a college degree, and voters in small towns or rural areas. Trump has also improved his polling among Latinos since the 2016 exit poll, garnering 50% in Tuesday’s poll compared to 35% in his race against Hillary Clinton.
But Trump has lost his lead with Florida’s seniors, polling at 48% among people 65 and older compared to 57% in 2016.
Biden has the advantage among Black voters in the state, the poll found, and those with a college degree who are likely to vote.
“It’s not unusual for Florida to be this close,” Lee M. Miringoff, director of the Marist College Institute for Public Opinion, said Tuesday.
“If Trump loses Florida, it’s game over. If Trump wins, the story of the night will still have to be told,” Miringoff added, likely referring to other crucial battleground states like Michigan, Wisconsin and Pennsylvania.
Trump won Florida by just over 1 percentage point four years ago.


courthousenews--2020-09-08--Top Police Brass in Rochester Resign Over Daniel Prude Killing

ROCHESTER ( CN ) — The top two police chiefs of New York ’ s third-largest city resigned Tuesday after several days of protests and public outcry in response to the suffocation death of a Black man last March .
Rochester Chief of Police La ’ Ron D. Singletary and Deputy Chief Joseph Morabito both announced their retirements Tuesday afternoon , the same day that the Singletary and others were hit with a federal complaint over the killing of Daniel Prude .
“ Bad cops are the result of bad policy — and the city and the RPD have for @ @ @ @ @ @ @ practice and custom of failing to discipline officers who use excessive force and then fabricate their account of their interactions with said individuals in arrest and charging paperwork to bring one or more of a trinity of offenses as their favored cover charges : disorderly conduct , resisting arrest , and obstruction of governmental administration , ” says the 66-page complaint , filed by attorney Elliot D. Shields from the Manhattan firm Roth & Roth and by Donald Thompson from Easton Thompson Kasperek Shiffrin in Rochester .
Daniel Prude , 41 , died @ @ @ @ @ @ @ off life support , seven days after Rochester officers who encountered him running naked through the street put a hood over his head to stop him from spitting , then held him down on cold wet pavement for about two minutes until he stopped breathing .
Receiving no public attention at the time , Prude ’ s death occurred just as the emergence of coronavirus made New York a global hotspot .
That changed a week ago , however , when Prude ’ s family released police body-camera video obtained through a public @ @ @ @ @ @ @ with the officers .
The footage shows officers covering Prude ’ s head with a spit hood , designed to protect police from bodily fluids , then pressing his face into the pavement for two minutes .
In Tuesday ’ s complaint , Prude ’ s sister Tameshay blames top leadership at the Rochester Police Department for fostering a long-running and “ entrenched culture ” within the department that condones and encourages officers to use excessive force as a matter of course , and to lie in official police paperwork and sworn testimony @ @ @ @ @ @ @ “ The chief policymaking officials who have condoned these unconstitutional policies and practices are Chief Singletary and [ Deputy Chief of Administration Mark ] Simmons who have failed to institute a system to ensure that excessive force incidents are properly investigated and that bad officers are held accountable , ” the complaint states .
Filed in the Western District of New York , the suit alleges that Singletary lied to Rochester Mayor Lovely Warren about the facts of arrest , and never told her that the officers had used excessive force against Prude @ @ @ @ @ @ @ .
Mayor Warren announced last week that seven Rochester police officers had been suspended with pay in connection to the incident .
“ Mr .
Daniel Prude was failed by the police department , our mental health care system , our society and he was failed by me , ” she said at a press conference Thursday .
Sgt .
Michael Magri and suspended officers Mark Vaughn , Troy Taladay , Paul Ricotta , Francisco Santiago , Andrew Specksgoor and Josiah Harris are all named as co-defendants in the complaint brought by Tameshay @ @ @ @ @ @ @ the officers failed to use any basic deescalation tactics or communication skills to calm Prude , who was in the midst of an acute , manic , psychotic episode .
Instead , the officers casually chatted among themselves , and made jokes at Prude ’ s expense , the suit alleges .
Two days after Warren announced the officers ’ suspensions , New York Attorney General Letitia James announced that her office had moved to empanel a grand jury to investigate Prude ’ s death .
“ The Prude family and the Rochester @ @ @ @ @ @ @ anguish .
My office will immediately move to empanel a grand jury as part of our exhaustive investigation into this matter , ” James said Saturday .
“ My office will immediately move to empanel a grand jury as part of our exhaustive investigation into this matter.
” Local Black Lives Matter activists have been calling for Chief Singletary to resign since Wednesday , due to his department ’ s handling of the Prude death investigation .
Singletary on Tuesday condemned the “ mischaracterization and the politicization ” of his actions following Prude @ @ @ @ @ @ @ “ As a man of integrity , I will not sit idly by while outside entities attempt to destroy my character , ” he said in a statement .
“ The events over the past week are an attempt to destroy my character and integrity .
The members of the Rochester Police Department and the Greater Rochester Community know my reputation and know what I stand for.
” Representatives for the city of Rochester did not immediately respond to requests for comment Tuesday .

The top two police chiefs of New York’s third-largest city resigned Tuesday after several days of protests and public outcry in response to the suffocation death of a Black man last March.
ROCHESTER (CN) — The top two police chiefs of New York’s third-largest city resigned Tuesday after several days of protests and public outcry in response to the suffocation death of a Black man last March.
Rochester Chief of Police La'Ron D. Singletary and Deputy Chief Joseph Morabito both announced their retirements Tuesday afternoon, the same day that the Singletary and others were hit with a federal complaint over the killing of Daniel Prude.
“Bad cops are the result of bad policy — and the city and the RPD have for decades maintained an unlawful municipal policy, practice and custom of failing to discipline officers who use excessive force and then fabricate their account of their interactions with said individuals in arrest and charging paperwork to bring one or more of a trinity of offenses as their favored cover charges: disorderly conduct, resisting arrest, and obstruction of governmental administration,” says the 66-page complaint, filed by attorney Elliot D. Shields from the Manhattan firm Roth & Roth and by Donald Thompson from Easton Thompson Kasperek Shiffrin in Rochester.
Daniel Prude, 41, died March 30 when his family took him off life support, seven days after Rochester officers who encountered him running naked through the street put a hood over his head to stop him from spitting, then held him down on cold wet pavement for about two minutes until he stopped breathing.
Receiving no public attention at the time, Prude’s death occurred just as the emergence of coronavirus made New York a global hotspot.
That changed a week ago, however, when Prude’s family released police body-camera video obtained through a public records request that captured his fatal interaction with the officers.
Joe Prude, 44, right, and his son Armin, 18, stand with a picture of Joe Prude’s brother Daniel Prude, 41, in Rochester, New York, on Thursday, September 3, 2020. (AP Photo/Ted Shaffrey)
The footage shows officers covering Prude’s head with a spit hood, designed to protect police from bodily fluids, then pressing his face into the pavement for two minutes.
In Tuesday’s complaint, Prude’s sister Tameshay blames top leadership at the Rochester Police Department for fostering a long-running and “entrenched culture” within the department that condones and encourages officers to use excessive force as a matter of course, and to lie in official police paperwork and sworn testimony to cover up their unlawful actions.
“The chief policymaking officials who have condoned these unconstitutional policies and practices are Chief Singletary and [Deputy Chief of Administration Mark] Simmons who have failed to institute a system to ensure that excessive force incidents are properly investigated and that bad officers are held accountable,” the complaint states.
Filed in the Western District of New York, the suit alleges that Singletary lied to Rochester Mayor Lovely Warren about the facts of arrest, and never told her that the officers had used excessive force against Prude without justification, resulting in his death.
Mayor Warren announced last week that seven Rochester police officers had been suspended with pay in connection to the incident. “Mr. Daniel Prude was failed by the police department, our mental health care system, our society and he was failed by me,” she said at a press conference Thursday.
Sgt. Michael Magri and suspended officers Mark Vaughn, Troy Taladay, Paul Ricotta, Francisco Santiago, Andrew Specksgoor and Josiah Harris are all named as co-defendants in the complaint brought by Tameshay Prude.
According to the lawsuit, the officers failed to use any basic deescalation tactics or communication skills to calm Prude, who was in the midst of an acute, manic, psychotic episode.
Instead, the officers casually chatted among themselves, and made jokes at Prude's expense, the suit alleges.
Two days after Warren announced the officers’ suspensions, New York Attorney General Letitia James announced that her office had moved to empanel a grand jury to investigate Prude’s death.
“The Prude family and the Rochester community have been through great pain and anguish. My office will immediately move to empanel a grand jury as part of our exhaustive investigation into this matter,” James said Saturday. “My office will immediately move to empanel a grand jury as part of our exhaustive investigation into this matter.”
Local Black Lives Matter activists have been calling for Chief Singletary to resign since Wednesday, due to his department’s handling of the Prude death investigation.
Singletary on Tuesday condemned the “mischaracterization and the politicization” of his actions following Prude’s death in police custody.
“As a man of integrity, I will not sit idly by while outside entities attempt to destroy my character,” he said in a statement. “The events over the past week are an attempt to destroy my character and integrity. The members of the Rochester Police Department and the Greater Rochester Community know my reputation and know what I stand for.”
Representatives for the city of Rochester did not immediately respond to requests for comment Tuesday.


Top Eight

Your Tuesday night briefing from the staff of Courthouse News Top eight CNS stories for today including California spent the Labor Day weekend broiling under the one-two punch of a brutal heatwave and wildfires burning across the state ; Americans disagree about the absentee-ballot process almost as much as they disagree about their preferred candidate ; The New Hampshire primary could lead to the first congressional election in U.S. history between two openly gay candidates , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email @ @ @ @ @ @ @ After a Trump-appointed judge shredded the rule for trampling congressional intent , experts called the government ’ s attempted diversion of coronavirus relief to private schools an exploitive political move .
2 . )
Millions of Americans will vote by mail for the first time this November , but they disagree about the absentee-ballot process almost as much as they disagree about their preferred candidate .
3 . )
As the Senate returned from the August recess Tuesday , Majority Leader Mitch McConnell said lawmakers will forge ahead on negotiations over another coronavirus @ @ @ @ @ @ @ next package as soon as this week .
4 . )
U.S. Census officials are reviving quality-control measures and postponing layoffs of census takers after a federal judge temporarily blocked the statistical agency from winding down operations by the end of this month .
5 . )
California spent the Labor Day weekend broiling under the one-two punch of a brutal heatwave and wildfires burning across the state that forced thousands to flee their homes amid the Covid-19 pandemic .
6 . )
Tuesday ’ s primary in New Hampshire — which could @ @ @ @ @ @ @ U.S. history between two openly gay candidates — will also be an early test of President Donald Trump ’ s strength in a swing state that could be critical in November .
7 . )
Accusing the United Arab Emirates of racial bias , Qatar had the last opportunity to speak before the United Nations ’ high court on Monday in a dispute involving a land , air and sea blockade .
8 . )
Salvadoran President Nayib Bukele is facing a concerted attempt from the political right and putative left , who @ @ @ @ @ @ @ persuade the public that his administration is no different from its corrupt predecessors .

Top eight CNS stories for today including California spent the Labor Day weekend broiling under the one-two punch of a brutal heatwave and wildfires burning across the state; Americans disagree about the absentee-ballot process almost as much as they disagree about their preferred candidate; The New Hampshire primary could lead to the first congressional election in U.S. history between two openly gay candidates, and more.
Your Tuesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including California spent the Labor Day weekend broiling under the one-two punch of a brutal heatwave and wildfires burning across the state; Americans disagree about the absentee-ballot process almost as much as they disagree about their preferred candidate; The New Hampshire primary could lead to the first congressional election in U.S. history between two openly gay candidates, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) After a Trump-appointed judge shredded the rule for trampling congressional intent, experts called the government’s attempted diversion of coronavirus relief to private schools an exploitive political move.
President Donald Trump prays during a cabinet meeting at the White House, on Dec. 20, 2017, in Washington. From left, Secretary of Education Betsy DeVos, acting Health and Human Services Secretary Eric Hargan, Secretary of Interior Ryan Zinke, Secretary of State Rex Tillerson, Trump, Secretary of Defense Jim Mattis, and Commerce Secretary Wilbur Ross. (AP Photo/Evan Vucci)
2.) Millions of Americans will vote by mail for the first time this November, but they disagree about the absentee-ballot process almost as much as they disagree about their preferred candidate.
Voters line up to cast their ballots at West Hunter Street Baptist Church in Atlanta’s historically black West End neighborhood on Tuesday, June 9, 2020. (Courthouse News photo/Kayla Goggin)
3.) As the Senate returned from the August recess Tuesday, Majority Leader Mitch McConnell said lawmakers will forge ahead on negotiations over another coronavirus relief bill and could vote on the next package as soon as this week.
The U.S. Capitol building in Washington. (Courthouse News photo/Jack Rodgers)
4.) U.S. Census officials are reviving quality-control measures and postponing layoffs of census takers after a federal judge temporarily blocked the statistical agency from winding down operations by the end of this month.
A briefcase of a census taker is seen as she knocks on the door of a residence Tuesday, Aug. 11, 2020, in Winter Park, Fla. A half-million census takers head out en mass this week to knock on the doors of households that haven't yet responded to the 2020 census. (AP Photo/John Raoux)
Regional
5.) California spent the Labor Day weekend broiling under the one-two punch of a brutal heatwave and wildfires burning across the state that forced thousands to flee their homes amid the Covid-19 pandemic.
The Creek Fire tears through the Sierra Nevada, seen from the Madera County town of Oakhurst. (Courthouse News photo / Barbara Leonard)
6.) Tuesday’s primary in New Hampshire — which could lead to the first congressional election in U.S. history between two openly gay candidates — will also be an early test of President Donald Trump’s strength in a swing state that could be critical in November.
President Trump poses for a photo with Matt Mowers, who is challenging Democratic Rep. Chris Pappas.
International
7.) Accusing the United Arab Emirates of racial bias, Qatar had the last opportunity to speak before the United Nations’ high court on Monday in a dispute involving a land, air and sea blockade.
The judges of the International Court of Justice gathered in the courtroom in The Hague, Netherlands, on Monday, Aug. 31, 2020, to hear virtual arguments in a dispute over a blockade of Qatar. (UN Photo/ICJ-CIJ/Frank van Beek)
8.) Salvadoran President Nayib Bukele is facing a concerted attempt from the political right and putative left, who are blocking his reforms and trying to persuade the public that his administration is no different from its corrupt predecessors.


Pandemic Voting

BATON ROUGE — A federal court in Louisiana denied state officials ’ request to dismiss a suit relating to voting @ @ @ @ @ , finding that their suggestion that plaintiffs “ must actually become sick or die before @ @ @ @ @ is ridiculous and without legal support .
”


Mustard Gas

NEW ORLEANS — The Fifth Circuit upheld the dismissal of two remaining claims in a long-running case against chemical company @ @ @ @ @ military personnel who were injured during the Gulf War by Saddam Hussein ’ s use @ @ @ @


Joint Employer Rule

NEW YORK — A federal judge in New York partially vacated a new Labor Department rule , which changed the @ @ @ @ @ Fair Labor Standards Act , finding the department did not consider the rule ’ s @ @ @ @ @ was estimated to be $ 1 billion a year .


Libertarian Candidates

AUSTIN , Texas — The Texas Supreme Court rejected Republicans ’ attempt to remove 44 Libertarian Party candidates from the @ @ @ @ @ failing to pay candidate filing fees .
The deadline for such challenges , under the @ @ @ @ @ , has already passed .


Voting in Texas

SAN ANTONIO — A federal court in Texas dismissed a suit seeking the implementation of “ practical and constitutionally-required measures @ @ @ @ @ and guarantee all Texas residents ’ right to vote .
While the court found the @ @ @ @ @ , saying they could “ easily be implemented , ” it dismissed the case for @ @ @ @ @ .