courthousenews--2020-11-23--Meat Processor Sued Over Lack of Covid Protocols

LINCOLN , Neb .
( CN ) — Three workers of the Noah ’ s Ark Processors meatpacking plant sued the company , accusing it of refusing to take even basic steps to protect workers from the spread of Covid-19 among their ranks .
In addition to forcing packers to work in tight quarters , withholding sick leave and failing to replace masks that become soaked with blood , fat and sweat , the plaintiffs say workers at the Hastings , Nebraska , plant who become infected spread the virus to their family members and others in their community .
@ @ @ @ @ @ @ under the pseudonym Alma to protect herself from retribution , said that Noah ’ s Ark make it sound like the rising tidal wave of infections “ wasn ’ t a big deal.
” “ Even when things got more serious , they didn ’ t care .
People were sick , but they still had to keep working , ” Alma said in an ACLU press release .
“ We were all worried , because everyone has kids , but not working wasn ’ t an option .
If you stopped working @ @ @ @ @ @ @ Her husband and co-plaintiff , using the pseudonym Antonio , told of a similar experience .
“ I told my supervisor that my eyes were hurting and that I had symptoms that were getting worse , and he basically told me to eff off and go back to work , ” Antonio said .
He finished his shift that night at the beef processing plant , then both he and his wife tested positive after being tested at a local clinic .
According to the lawsuit , the county where the plant is @ @ @ @ @ @ @ the summer that are between twice to 36 times as high as neighboring counties that do not have a meatpacking plant .
“ Noah ’ s Ark has refused to take the most critical and basic steps to protect its workers from another large Covid-19 outbreak .
Its refusal to provide adequate distancing , masks , sick leave , and testing creates an unacceptable risk to its employees , their families and the rest of the local community , ” the plaintiffs say in their complaint .
“ These failures constitute a public @ @ @ @ @ @ @ duty to provide a reasonably safe workplace.
” Joining the three workers as plaintiffs is Dr. Daniel J. Leonard , who has a pediatrics practice in the Tri-Cities area that includes Hastings .
He treats the children of meatpacking workers and people who are infected with Covid-19 .
The plaintiffs say there will be severe consequences for hospitals in the area if the current spike in cases continues on the same path as the previous wave from May .
“ The hospital where [ Dr. Leonard ] works faced a shortage of personal @ @ @ @ @ @ @ of cases in the region could flood his practice and others with Covid-19 patients , ” they say in their complaint .
According to the complaint , Noah ’ s Ark refuses to make an effort to physically distance workers who are forced to stand “ shoulder to shoulder ” on processing lines ; does not replace masks that become soiled with blood , fat and sweat , which forces workers to work with uncovered faces in order to breathe ; does not offer adequate sick leave and pressures employees to work even @ @ @ @ @ @ @ on-site coronavirus testing .
The plaintiffs want a judge to order the plant to implement physical distancing and protocols to ensure clean masks , provide adequate sick leave and implement on-site testing .
Their claims include public nuisance , breach of duty and violations of the Families First Coronavirus Response Act .
A recent report from the United Food and Commercial Workers International Union , the largest meatpacking union in the U.S. , found there have been 128 deaths and over 19,800 infections among its members this year .
The workers in Hastings @ @ @ @ @ @ @ would not be included in that count .
This past spring , the spread of Covid infections in meatpacking plants and communities was a big issue in many states , Nebraska included .
The industry , notorious for its lack of workers ’ rights and safety protections , was caught flatfooted .
However , by the end of spring , many plants in Omaha and other communities implemented the precautions that Noah ’ s Ark workers demand .
At that time , Denise Kracl , a county attorney in a different part of @ @ @ @ @ @ @ connected to the meatpacking industry were at risk in the time of Covid .
“ Part of the problem is that people live together but work for different companies .
We ’ re a very transient community , ” Kracl told Courthouse News in June .
Spencer Amdur , an attorney with ACLU ’ s Immigrants ’ Rights Project agreed with this risk assessment .
“ Noah ’ s Ark has shown a shocking indifference to its employees and the community by failing to take common-sense steps to protect them from the spread @ @ @ @ @ @ @ a statement .
“ Every plant should be providing these basic protections .
Without them , workers and others in the community face imminent and severe harm.
” The workers are represented by attorneys from the ACLU Foundation and ACLU of Nebraska , along with Maren Chaloupka of the Scottsbluff firm Chaloupka Holyoke .
Noah ’ s Ark Processors LLC is based in Dawson , Minnesota , and operates the Hastings beef plant .

Three workers of the Noah’s Ark Processors meatpacking plant sued the company, accusing it of refusing to take even basic steps to protect workers from the spread of Covid-19 among their ranks.
LINCOLN, Neb. (CN) — Three workers of the Noah’s Ark Processors meatpacking plant sued the company, accusing it of refusing to take even basic steps to protect workers from the spread of Covid-19 among their ranks.
In addition to forcing packers to work in tight quarters, withholding sick leave and failing to replace masks that become soaked with blood, fat and sweat, the plaintiffs say workers at the Hastings, Nebraska, plant who become infected spread the virus to their family members and others in their community.
One of the workers, who sued under the pseudonym Alma to protect herself from retribution, said that Noah’s Ark make it sound like the rising tidal wave of infections “wasn’t a big deal.”
“Even when things got more serious, they didn’t care. People were sick, but they still had to keep working,” Alma said in an ACLU press release. “We were all worried, because everyone has kids, but not working wasn’t an option. If you stopped working, you would lose your job.”
Her husband and co-plaintiff, using the pseudonym Antonio, told of a similar experience.
“I told my supervisor that my eyes were hurting and that I had symptoms that were getting worse, and he basically told me to eff off and go back to work,” Antonio said.
He finished his shift that night at the beef processing plant, then both he and his wife tested positive after being tested at a local clinic.
According to the lawsuit, the county where the plant is located has suffered Covid-19 infection rates over the summer that are between twice to 36 times as high as neighboring counties that do not have a meatpacking plant.
“Noah’s Ark has refused to take the most critical and basic steps to protect its workers from another large Covid-19 outbreak. Its refusal to provide adequate distancing, masks, sick leave, and testing creates an unacceptable risk to its employees, their families and the rest of the local community,” the plaintiffs say in their complaint. “These failures constitute a public nuisance and breach the plant’s duty to provide a reasonably safe workplace.”
Joining the three workers as plaintiffs is Dr. Daniel J. Leonard, who has a pediatrics practice in the Tri-Cities area that includes Hastings. He treats the children of meatpacking workers and people who are infected with Covid-19.
The plaintiffs say there will be severe consequences for hospitals in the area if the current spike in cases continues on the same path as the previous wave from May.
“The hospital where [Dr. Leonard] works faced a shortage of personal protective equipment and ventilators. Another surge of cases in the region could flood his practice and others with Covid-19 patients,” they say in their complaint.
According to the complaint, Noah’s Ark refuses to make an effort to physically distance workers who are forced to stand “shoulder to shoulder” on processing lines; does not replace masks that become soiled with blood, fat and sweat, which forces workers to work with uncovered faces in order to breathe; does not offer adequate sick leave and pressures employees to work even when they show symptoms; and lacks on-site coronavirus testing.
The plaintiffs want a judge to order the plant to implement physical distancing and protocols to ensure clean masks, provide adequate sick leave and implement on-site testing. Their claims include public nuisance, breach of duty and violations of the Families First Coronavirus Response Act.
A recent report from the United Food and Commercial Workers International Union, the largest meatpacking union in the U.S., found there have been 128 deaths and over 19,800 infections among its members this year. The workers in Hastings are not represented by the union and would not be included in that count.
This past spring, the spread of Covid infections in meatpacking plants and communities was a big issue in many states, Nebraska included. The industry, notorious for its lack of workers’ rights and safety protections, was caught flatfooted. However, by the end of spring, many plants in Omaha and other communities implemented the precautions that Noah’s Ark workers demand.
At that time, Denise Kracl, a county attorney in a different part of the state, noted that all communities connected to the meatpacking industry were at risk in the time of Covid.
“Part of the problem is that people live together but work for different companies. We’re a very transient community,” Kracl told Courthouse News in June.
Spencer Amdur, an attorney with ACLU’s Immigrants’ Rights Project agreed with this risk assessment.
“Noah’s Ark has shown a shocking indifference to its employees and the community by failing to take common-sense steps to protect them from the spread of Covid-19,” Amdur said in a statement. “Every plant should be providing these basic protections. Without them, workers and others in the community face imminent and severe harm.”
The workers are represented by attorneys from the ACLU Foundation and ACLU of Nebraska, along with Maren Chaloupka of the Scottsbluff firm Chaloupka Holyoke.
Noah’s Ark Processors LLC is based in Dawson, Minnesota, and operates the Hastings beef plant.


courthousenews--2020-11-23--Closed for Covid: Gun Permit Office Dragged Into Philadelphia Court

PHILADELPHIA ( CN ) — A federal judge heard arguments Monday afternoon that Philadelphia trampled gun rights after a resurgence of Covid-19 cases struck the police unit that handles permit requests .
The Firearm Policy Coalition brought the suit Friday in the Eastern District of Pennsylvania , joined by two young men , 29-year-old Keith Fetsurka and 35-year-old Timothy Sieck , who have been waiting months on Philadelphia ’ s massive backlog just to apply for a permit to carry a loaded handgun .
Philadelphia shut down the Gun Permit Unit of the Philadelphia Police Department in March during the @ @ @ @ @ @ @ only essential business was permitted .
The office reopened in July , but appointments are backlogged through 2022 .
Fetsurka says his long-awaited appointment was supposed to be Nov. 19 , but the office abruptly closed the day before .
As explained in a tweet from the city ’ s police department , the permit unit is closed until at least Dec. 7 because of an outbreak in its own office .
Fetsurka and the others filed for an injunction Monday , calling it unconstitutional that the city is effectively banning loaded handguns @ @ @ @ @ @ @ Across Philadelphia , demand for licenses to carry firearms is about three times higher during the pandemic than normal , according to NBC 10 .
City and state officials did not return a request for comment Monday .
U.S. District Court Judge Michael Baylson , a George W. Bush appointee , heard arguments in the case via telephone conference this afternoon .
“ Uncertain times such as the present are precisely when Plaintiffs and Plaintiffs ’ members must be able to exercise their fundamental rights to keep and bear arms , ” the @ @ @ @ @ @ @ we all face because of the Covid-19 coronavirus , election , social unrest , or other social ills do not , can not , and must not justify or excuse government infringements upon fundamental human rights.
” Adam Kraut , an attorney with the Firearms Policy Coalition , has said the city ’ s de facto gun ban puts residents in a dangerous position .
“ Philadelphians who do not have a license are now being completely denied their rights on pain of severe criminal penalties , ” Kraut said in a statement @ @ @ @ @ @ @ city ’ s laws and polices , and their related enforcement actions , are an unconstitutional total ban on the the right to bear arms .
”

A federal judge heard arguments Monday afternoon that Philadelphia trampled gun rights after a resurgence of Covid-19 cases struck the police unit that handles permit requests.
PHILADELPHIA (CN) — A federal judge heard arguments Monday afternoon that Philadelphia trampled gun rights after a resurgence of Covid-19 cases struck the police unit that handles permit requests.
The Firearm Policy Coalition brought the suit Friday in the Eastern District of Pennsylvania, joined by two young men, 29-year-old Keith Fetsurka and 35-year-old Timothy Sieck, who have been waiting months on Philadelphia’s massive backlog just to apply for a permit to carry a loaded handgun.
Philadelphia shut down the Gun Permit Unit of the Philadelphia Police Department in March during the early days of the coronavirus pandemic when only essential business was permitted. The office reopened in July, but appointments are backlogged through 2022.
Fetsurka says his long-awaited appointment was supposed to be Nov. 19, but the office abruptly closed the day before.
As explained in a tweet from the city’s police department, the permit unit is closed until at least Dec. 7 because of an outbreak in its own office.
Fetsurka and the others filed for an injunction Monday, calling it unconstitutional that the city is effectively banning loaded handguns with no exemption for law-abiding citizens.
Across Philadelphia, demand for licenses to carry firearms is about three times higher during the pandemic than normal, according to NBC 10.
Though U.S. District Judge Michael Baylson denied the coalition a temporary restraining order after a teleconference Monday afternoon, he also set an expedited hearing to consider its bid for an injunction.
“The individual plaintiffs have long been seeking a gun permit and may be entitled to a permit and are undoubtedly frustrated by the delays,” wrote Baylson, a George W. Bush appointee.
Fetsurka and the coalition alleged as much in the Friday lawsuit.
“Uncertain times such as the present are precisely when Plaintiffs and Plaintiffs’ members must be able to exercise their fundamental rights to keep and bear arms,” the 77-page complaint states. “The challenges we all face because of the Covid-19 coronavirus, election, social unrest, or other social ills do not, cannot, and must not justify or excuse government infringements upon fundamental human rights.”
Ahead of a Dec. 8 videoconference, Baylson set a Dec. 2 teleconference to discuss the hearing.
City and state officials did not return a request for comment Monday, but Adam Kraut, the coalition’s director of legal strategy, called the move encouraging.
“We will continue to quickly move this case towards a judgment on the merits and work to protect the right to keep and bear arms,” Kraut said in a statement.
Earlier, Kraut said the city’s de facto gun ban puts residents in a dangerous position.
“Philadelphians who do not have a license are now being completely denied their rights on pain of severe criminal penalties,” Kraut said in a statement. “The commonwealth’s and city’s laws and polices, and their related enforcement actions, are an unconstitutional total ban on the the right to bear arms.”


Adult Adoption

ALBANY , N.Y. — A 66-year-old woman with significant developmental disabilities can be adopted even though she is unable to @ @ @ @ @ York ’ s high court ruled , finding that although statute “ generally requires ” @ @ @ @ @ age of 14 , courts can approve adoptions without the consent of an adult adoptee @ @ @ @ @ ”

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.


Pennslyvania Ballots

SCRANTON , Pa. — A federal judge in Pennsylvania Saturday dismissed the Trump campaign ’ s challenge against certain counties @ @ @ @ @ notice-and-cure procedure , ” by which mail-in voters who submitted “ procedurally defective ” ballots @ @ @ @ @ cure them .
The plaintiffs , who sought to prevent certification of election results in @ @ @ @ @ strained legal arguments without merit and speculative accusations , ” the judge wrote .


Voice of America

WASHINGTON — A federal court in Washington temporarily enjoined Agency for Global Media chief executive Michael Pack from influencing personnel @ @ @ @ @ at Voice of America .
Pack , who is accused in the lawsuit of interfering @ @ @ @ @ t align with the political interests of President Donald Trump , is also enjoined from @ @ @ @ @ investigating “ purported breaches of journalistic ethics .
”


courthousenews--2020-11-24--Army Corps of Engineers Issues Permits for Pipeline Construction in Minnesota

ST. PAUL , Minn. ( CN ) — The Army Corps of Engineers Monday issued three permits to Canadian energy company Enbridge for the construction of its controversial Line 3 tar sands oil pipeline in Minnesota .
The permits are the last federal hurdles to the construction of the pipeline .
In a short statement issued by the Corps ’ St. Paul office Monday evening , it announced that it had issued a collection of permits to Enbridge Inc. after finding that the planned pipeline complied with all federal laws and regulations .
“ This decision is based on balancing @ @ @ @ @ @ @ Col. Karl Jansen , commander of the U.S. Army Corps of Engineers St. Paul District said in the statement .
“ Our decision follows an exhaustive review of the application and the potential impacts associated with the construction of the pipeline within federally protected waters.
” He added that the Corps had worked with government partners , Native American tribes , environmental organizations and with Enbridge itself on the permitting process .
“ I believe our decision is based on sound science and strikes the balance between protecting natural resources and allowing reasonable @ @ @ @ @ @ @ $ 2.9 billion project would replace an existing pipeline completed in 1968 between Edmonton , Alberta , and Superior , Wisconsin , with a larger one rerouted to avoid one of the two Native American reservations in its path .
Controversy has followed the proposal since it was first pitched in 2014 , and Minnesota is the last holdout of the three states the finished line would pass through .
Construction has already been completed in Wisconsin and North Dakota , each of which is home to less than 15 miles of the @ @ @ @ @ @ @ planned for Minnesota , opponents say , the line would still run through treaty-ceded lands and vulnerable waterways , endangering hunting and fishing territories guaranteed to northern Minnesota ’ s Ojibwe/Anishinaabe bands .
Also at issue , detractors say , is climate change .
“ Today ’ s decision is a gift by Trump to the oil industry and a slap in the face to the rest of us , ” said Andy Pearson , who coordinates Minneapolis-based climate activist group MN350 ’ s pipeline activism .
“ This decision ignores what scientists @ @ @ @ @ @ @ this project , including the climate change damage of 50 coal plants .
This decision ignores treaty rights of the Anishinaabe people .
President Trump has rushed this approval forward without thorough review in his last months in office , trying to lock in dirty infrastructure in MN for decades to come.
” The project still needs one last pass-through of state regulators .
A stormwater drainage permit is still pending in the Minnesota Pollution Control Agency , as is a final construction authorization from the Minnesota Public Utilities Commission .
Neither is @ @ @ @ @ @ @ Enbridge .
“ We ’ re pleased about the steps Army Corps have taken today to move this important project forward , ” Robin Rorick , vice president of midstream and industry operations at the American Petroleum Institute , said in a statement .
“ As has now been confirmed by the Army Corps , Minnesota ’ s Pollution Control Agency and Minnesota ’ s Department of Natural Resources , Enbridge ’ s approach to replacing Line 3 will be conducted in a manner that ensures minimal impacts to the environment and safe @ @ @ @ @ @ @ , meanwhile , touted a promised 4,200 local construction jobs and millions in local spending that it expects will come along with the project .
The regulators ’ decisions have been a point of controversy in Minnesota .
Last week , 12 of the 17 members of the Pollution Control Agency ’ s Environmental Justice Advisory Group resigned in protest of the PCA ’ s decision to grant crucial water-quality permits to the pipeline despite the group ’ s objections .
“ We can not continue to legitimize and provide cover for the @ @ @ @ @ @ @ brown people , ” the group wrote in a letter announcing their resignation .
“ Line 3 will mean violated treaty rights , heightened risk of sexual trafficking and sexual violence , and an insult to the three tribal nations that strongly oppose its construction .
Any perceived economic benefits are extremely short-term.
” The group included Ojibwe/Anishinaabe and environmental activist Winona LaDuke , whose organization Honor the Earth has been involved in pipeline protests including the 2016 Standing Rock Sioux Reservation protests of the Dakota Access Pipeline .
“ It ’ s @ @ @ @ @ @ @ surprise that the Trump administration would approve these permits regardless of the water quality impacts from the pipeline , and during a time when a pandemic is sweeping across the North Country with workers already here , ” LaDuke told the Minneapolis Star Tribune on Monday .
“ The tribes and others will surely sue and we will see them in court .
”

The Army Corps of Engineers Monday issued three permits to Canadian energy company Enbridge for the construction of its controversial Line 3 tar sands oil pipeline in Minnesota.
ST. PAUL, Minn. (CN) — The Army Corps of Engineers Monday issued three permits to Canadian energy company Enbridge for the construction of its controversial Line 3 tar sands oil pipeline in Minnesota.
The permits are the last federal hurdles to the construction of the pipeline.
In a short statement issued by the Corps’ St. Paul office Monday evening, it announced that it had issued a collection of permits to Enbridge Inc. after finding that the planned pipeline complied with all federal laws and regulations.
“This decision is based on balancing development with protecting the environment,” Col. Karl Jansen, commander of the U.S. Army Corps of Engineers St. Paul District said in the statement. “Our decision follows an exhaustive review of the application and the potential impacts associated with the construction of the pipeline within federally protected waters.”
He added that the Corps had worked with government partners, Native American tribes, environmental organizations and with Enbridge itself on the permitting process. “I believe our decision is based on sound science and strikes the balance between protecting natural resources and allowing reasonable development,” he said.
The $2.9 billion project would replace an existing pipeline completed in 1968 between Edmonton, Alberta, and Superior, Wisconsin, with a larger one rerouted to avoid one of the two Native American reservations in its path. Controversy has followed the proposal since it was first pitched in 2014, and Minnesota is the last holdout of the three states the finished line would pass through. Construction has already been completed in Wisconsin and North Dakota, each of which is home to less than 15 miles of the 1,097-mile pipeline.
Along the 337 miles planned for Minnesota, opponents say, the line would still run through treaty-ceded lands and vulnerable waterways, endangering hunting and fishing territories guaranteed to northern Minnesota’s Ojibwe/Anishinaabe bands. Also at issue, detractors say, is climate change.
"Today's decision is a gift by Trump to the oil industry and a slap in the face to the rest of us," said Andy Pearson, who coordinates Minneapolis-based climate activist group MN350’s pipeline activism. "This decision ignores what scientists have told us about the impact of this project, including the climate change damage of 50 coal plants. This decision ignores treaty rights of the Anishinaabe people. President Trump has rushed this approval forward without thorough review in his last months in office, trying to lock in dirty infrastructure in MN for decades to come.”
The project still needs one last pass-through of state regulators. A stormwater drainage permit is still pending in the Minnesota Pollution Control Agency, as is a final construction authorization from the Minnesota Public Utilities Commission. Neither is expected to present a major obstacle to Enbridge.
“We’re pleased about the steps Army Corps have taken today to move this important project forward,” Robin Rorick, vice president of midstream and industry operations at the American Petroleum Institute, said in a statement. “As has now been confirmed by the Army Corps, Minnesota’s Pollution Control Agency and Minnesota’s Department of Natural Resources, Enbridge’s approach to replacing Line 3 will be conducted in a manner that ensures minimal impacts to the environment and safe operations for years to come.”
Enbridge, meanwhile, touted a promised 4,200 local construction jobs and millions in local spending that it expects will come along with the project.
The regulators’ decisions have been a point of controversy in Minnesota. Last week, 12 of the 17 members of the Pollution Control Agency’s Environmental Justice Advisory Group resigned in protest of the PCA’s decision to grant crucial water-quality permits to the pipeline despite the group’s objections.
“We cannot continue to legitimize and provide cover for the MPCA’s war on black and brown people,” the group wrote in a letter announcing their resignation. “Line 3 will mean violated treaty rights, heightened risk of sexual trafficking and sexual violence, and an insult to the three tribal nations that strongly oppose its construction. Any perceived economic benefits are extremely short-term.”
The group included Ojibwe/Anishinaabe and environmental activist Winona LaDuke, whose organization Honor the Earth has been involved in pipeline protests including the 2016 Standing Rock Sioux Reservation protests of the Dakota Access Pipeline.
"It's tragic but it's not a surprise that the Trump administration would approve these permits regardless of the water quality impacts from the pipeline, and during a time when a pandemic is sweeping across the North Country with workers already here," LaDuke told the Minneapolis Star Tribune on Monday. "The tribes and others will surely sue and we will see them in court."


courthousenews--2020-11-24--Former San Francisco Cop Charged With Manslaughter for 2017 Shooting

SAN FRANCISCO ( CN ) — A former rookie cop was charged with manslaughter Monday for fatally shooting a carjacking suspect in December 2017 , making it the first known prosecution of an officer for deadly use of force in San Francisco history .
“ For too long , we have seen the failures of our legal system to hold police accountable for the violence committed against the members of the public they are entrusted to keep safe , ” San Francisco District Attorney Chesa Boudin said in a statement Monday .
“ In my administration , police officers are @ @ @ @ @ @ @ rookie officer Chris Samayoa ’ s fourth day on the job on Dec. 1 , 2017 , when a call came in about a man suspected of assaulting a state lottery worker and stealing her government-issued minivan in the city ’ s Potrero Hill neighborhood .
The suspect , 42-year-old Keita “ Iggy ” O ’ Neil , led officers on a haphazard chase from Potrero Hill to the city ’ s Bayview neighborhood , where O ’ Neil resided .
Samayoa was sitting in the passenger seat of a car driven by @ @ @ @ @ @ @ who was following the van .
The van rolled onto a dead-end street , where O ’ Neil jumped out of the vehicle and started running on foot .
With other patrol cars closing in and blocking his path , O ’ Neil ran past the police car where Samayoa was sitting in the passenger seat .
Samayoa pointed his gun at O ’ Neil and shot the suspect through the passenger side window .
O ’ Neil was taken to San Francisco General Hospital , where he was later pronounced dead .
@ @ @ @ @ @ @ him , according to Boudin ’ s office .
Samayoa did not turn his body camera on until after the shooting , but the incident was still captured on video because the cameras automatically record 30 seconds prior to activation .
Three months after the shooting , Police Chief William “ Bill ” Scott fired Samayoa .
On Monday morning , Boudin told O ’ Neil ’ s family that he was charging the former officer with voluntary manslaughter , involuntary manslaughter , assault with a semiautomatic firearm , assault by a police @ @ @ @ @ @ @ with gross negligence .
“ I ’ m happy to hear this news , and hoping it brings some justice to our family , ” O ’ Neil ’ s aunt April Green said in a statement provided by the district attorney ’ s office .
O ’ Neil ’ s mother , Judy O ’ Neil , filed a civil rights lawsuit against the city of San Francisco in December 2017 .
That suit is still pending .
Reached by phone Monday , O ’ Neil ’ s attorney John Burris said @ @ @ @ @ @ @ ’ s decision , though he believes Samayoa could have been charged with the more serious crime of murder .
He said the district attorney probably chose to go with manslaughter because it will be easier to prove in court .
“ I think this is a positive trend that officers will be held accountable , and it gives more faith and confidence in the community that if officers engage in unlawful conduct — killing people unjustifiably — they can be held accountable , ” Burris said .
Burris , who represented Rodney @ @ @ @ @ @ @ in their civil rights lawsuits against police departments , said he hopes district attorneys will start looking at other past cases , including the 2015 police shooting of Mario Woods .
When Chief Scott announced his decision to fire Samayoa in March 2018 , the president of San Francisco ’ s police union criticized the decision .
Former San Francisco Police Officers Association President Martin Halloran said Samayoa was “ fired for doing what he was trained to do ” in the academy , on his fourth day on the job , and @ @ @ @ @ @ @ Halloran called the firing a “ needless action ” by the police chief .
On Monday , Halloran ’ s successor , Tony Montoya , said Samayoa should be given a fair chance to defend himself in court .
“ We are committed to ensuring that Christopher and his family are supported during this difficult time and that he is accorded his due process rights and provided with a vigorous defense against these charges , ” Montoya said in an emailed statement .
Supervisor Shamann Walton , who represents the Bayview neighborhood where @ @ @ @ @ @ @ this decision will show that officers can be held accountable for harming and killing people without justification .
“ This prosecution is an important , historic step towards showing that Black lives matter and that unlawful police violence will not be tolerated , ” Walton said in a statement .
John Crew , a retired ACLU police practices expert and longtime advocate of police reform , argued the lack of prosecutions against officers who use excessive force has undermined trust in police departments .
Crew said many community members believe police officers are @ @ @ @ @ @ @ s “ willingness to apply the law ’ s standards ” to officer conduct could reverse that trend .
“ Police officers are obligated to follow the law when using force — even when responding to serious crimes , ” Boudin said .
“ As District Attorney , I will continue to hold accountable officers who inflict unlawful violence and breach the trust the public places in them.
” A warrant for Samayoa ’ s arrest was issued on Saturday and he is expected to surrender to the warrant later this week .

A former rookie cop was charged with manslaughter Monday for fatally shooting a carjacking suspect in December 2017, making it the first known prosecution of an officer for deadly use of force in San Francisco history.
SAN FRANCISCO (CN) — A former rookie cop was charged with manslaughter Monday for fatally shooting a carjacking suspect in December 2017, making it the first known prosecution of an officer for deadly use of force in San Francisco history.
“For too long, we have seen the failures of our legal system to hold police accountable for the violence committed against the members of the public they are entrusted to keep safe,” San Francisco District Attorney Chesa Boudin said in a statement Monday. “In my administration, police officers are not above the law.”
It was rookie officer Chris Samayoa’s fourth day on the job on Dec. 1, 2017, when a call came in about a man suspected of assaulting a state lottery worker and stealing her government-issued minivan in the city’s Potrero Hill neighborhood.
The suspect, 42-year-old Keita “Iggy” O’Neil, led officers on a haphazard chase from Potrero Hill to the city’s Bayview neighborhood, where O’Neil resided.
Samayoa was sitting in the passenger seat of a car driven by his training officer, Edric Talusan, who was following the van. The van rolled onto a dead-end street, where O’Neil jumped out of the vehicle and started running on foot.
With other patrol cars closing in and blocking his path, O’Neil ran past the police car where Samayoa was sitting in the passenger seat. Samayoa pointed his gun at O’Neil and shot the suspect through the passenger side window. O’Neil was taken to San Francisco General Hospital, where he was later pronounced dead. O’Neil had no weapon on him, according to Boudin’s office.
Samayoa did not turn his body camera on until after the shooting, but the incident was still captured on video because the cameras automatically record 30 seconds prior to activation. Three months after the shooting, Police Chief William “Bill” Scott fired Samayoa.
On Monday morning, Boudin told O’Neil’s family that he was charging the former officer with voluntary manslaughter, involuntary manslaughter, assault with a semiautomatic firearm, assault by a police officer, and discharge of a firearm with gross negligence.
“I’m happy to hear this news, and hoping it brings some justice to our family,” O’Neil’s aunt April Green said in a statement provided by the district attorney’s office.
O’Neil’s mother, Judy O’Neil, filed a civil rights lawsuit against the city of San Francisco in December 2017. That suit is still pending.
Reached by phone Monday, O’Neil’s attorney John Burris said he was “delighted” with Boudin’s decision, though he believes Samayoa could have been charged with the more serious crime of murder. He said the district attorney probably chose to go with manslaughter because it will be easier to prove in court.
“I think this is a positive trend that officers will be held accountable, and it gives more faith and confidence in the community that if officers engage in unlawful conduct — killing people unjustifiably — they can be held accountable,” Burris said.
Burris, who represented Rodney King and the family of Oscar Grant in their civil rights lawsuits against police departments, said he hopes district attorneys will start looking at other past cases, including the 2015 police shooting of Mario Woods.
When Chief Scott announced his decision to fire Samayoa in March 2018, the president of San Francisco’s police union criticized the decision. Former San Francisco Police Officers Association President Martin Halloran said Samayoa was “fired for doing what he was trained to do” in the academy, on his fourth day on the job, and under extremely stressful and difficult circumstances. Halloran called the firing a “needless action” by the police chief.
On Monday, Halloran’s successor, Tony Montoya, said Samayoa should be given a fair chance to defend himself in court.
“We are committed to ensuring that Christopher and his family are supported during this difficult time and that he is accorded his due process rights and provided with a vigorous defense against these charges,” Montoya said in an emailed statement.
Supervisor Shamann Walton, who represents the Bayview neighborhood where the shooting occurred, said he hopes this decision will show that officers can be held accountable for harming and killing people without justification.
“This prosecution is an important, historic step towards showing that Black lives matter and that unlawful police violence will not be tolerated,” Walton said in a statement.
John Crew, a retired ACLU police practices expert and longtime advocate of police reform, argued the lack of prosecutions against officers who use excessive force has undermined trust in police departments. Crew said many community members believe police officers are above the law, but Boudin’s “willingness to apply the law’s standards” to officer conduct could reverse that trend.
“Police officers are obligated to follow the law when using force — even when responding to serious crimes,” Boudin said. “As District Attorney, I will continue to hold accountable officers who inflict unlawful violence and breach the trust the public places in them.”
A warrant for Samayoa’s arrest was issued on Saturday and he is expected to surrender to the warrant later this week.


courthousenews--2020-11-24--Fifth Circuit Rules Texas Can Exclude Planned Parenthood From Medicaid Program

( CN ) — The Fifth Circuit Monday ruled against Planned Parenthood it its suit over Texas ’ efforts to deprive the family planning and health services provider of Medicaid funds .
Planned Parenthood is not entitled to bring a civil rights claim to challenge Texas ’ determination that its providers are not “ qualified ” under Medicaid law , the majority of an en banc panel of the Fifth Circuit decided in a ruling authored by Chief U.S .
Circuit Judge Priscilla Owen , a George W. Bush appointee .
The 11-judge majority concluded that the portion of Medicaid @ @ @ @ @ @ @ patients , known as the “ any-qualified-provider ” provision , can not sustain the providers ’ claims — brought under the Section 1983 civil rights law — against the state .
Because the individual plaintiffs in the case “ do not have a right to continued benefits to pay for care ” from the providers , Owen wrote , an injunction issued by a district court — based on the Section 1983 claims of the individual plaintiffs — must be vacated .
Planned Parenthood characterized the ruling as “ a blatantly political attack @ @ @ @ @ @ @ for Texans with low incomes during a global pandemic.
” “ The governor wants to control where you can get family planning and sexual health care — once again , political ideology is driving health care policy , resulting in reduced access to care , ” Planned Parenthood South Texas President and CEO Jefrey Hons said in a statement Monday .
“ All Texans , regardless of income , deserve access to quality , affordable health care and the ability to choose their own provider .
In 2015 , the Texas Health and @ @ @ @ @ @ @ its intention to terminate its Medicaid provider agreements with five Planned Parenthood entities — operating in Cameron County and the Dallas , San Antonio and Houston areas — that provide services to about 12,500 Medicaid beneficiaries at 30 locations annually .
Texas officials accused Planned Parenthood clinicians of expressing a “ willingness ” to profit from fetal tissue sold to anti-abortion activists , who had misrepresented themselves as being employees of a research firm in an undercover video released in 2015 .
The activists were employees of a California group that calls itself @ @ @ @ @ @ @ were later charged for criminal conspiracy to invade piracy for recording the Planned Parenthood employees without permission .
The group ’ s video is edited to make it appear as if employees at the Houston-based Planned Parenthood Gulf Coast were negotiating the price of fetal remains , though the unedited footage revealed that the clinics sought only for the sham research firm to cover the cost of procuring and donating the fetal tissue .
In a press release Monday , Texas Attorney General Ken Paxton touted the appellate ruling as a decision to @ @ @ @ @ @ @ video plainly showed Planned Parenthood admitting to morally bankrupt and unlawful conduct , including violations of federal law by manipulating the timing and methods of abortions to obtain fetal tissue for their own research , ” Paxton said in the statement .
“ Planned Parenthood is not a ‘ qualified ’ provider under the Medicaid Act , and it should not receive public funding through the Medicaid program.
” The new ruling from the New Orleans-based federal appeals court does not examine whether Texas ’ decision to terminate its Medicaid agreements with the @ @ @ @ @ @ @ or whether the providers are “ qualified ” under the Medicaid law .
“ Under federal regulations promulgated under the Medicaid Act , a state Medicaid agency must provide an avenue for a provider to appeal a determination that it is not ‘ qualified.
’ Texas has provided an administrative procedure for such appeals .
There is no analogous provision for Medicaid beneficiaries when a particular provider is deemed unqualified , indicating that there is no such right.
” The court noted that Monday ’ s decision overrules a previous Fifth Court ruling @ @ @ @ @ @ @ Inc. v. Gee , in which a three-judge panel sided with the Planned Parenthood branch and Medicaid beneficiaries in a Section 1983 lawsuit against Louisiana that asserted the clinics were “ qualified ” Medicaid providers .
The majority found the opinion in Gee conflicts with the Supreme Court precedent and added that federal law “ expressly allows states to terminate a provider ’ s Medicaid agreement on many grounds.
” “ These provisions make clear that a state agency may determine that a Medicaid provider is unqualified and terminate its Medicaid provider agreement @ @ @ @ @ @ @ to provide health services to the general public , ” Owen wrote .
U.S .
Circuit Judge Stephen Higginson and U.S .
Circuit Judge Gregg Costa , both Barack Obama appointees , and Chief U.S .
Circuit Judge Carl Stewart , a Bill Clinton appointee , concurred and dissented in part with the majority ’ s ruling .
U.S .
Circuit Judge James Dennis , a Bill Clinton appointee , and U.S .
Circuit Judge James Graves , a Barack Obama appointee dissented from the majority opinion .
“ Gee is well written @ @ @ @ @ @ @ substance has changed since we decided it , ” Dennis wrote .
Planned Parenthood of Greater Texas said on Twitter that the ruling has not yet taken effect and its centers are still , for now , continuing to serve Medicaid patients .

The Fifth Circuit Monday ruled against Planned Parenthood it its suit over Texas' efforts to deprive the family planning and health services provider of Medicaid funds.
(CN) — The Fifth Circuit Monday ruled against Planned Parenthood it its suit over Texas' efforts to deprive the family planning and health services provider of Medicaid funds.
Planned Parenthood is not entitled to bring a civil rights claim to challenge Texas’ determination that its providers are not “qualified” under Medicaid law, the majority of an en banc panel of the Fifth Circuit decided in a ruling authored by Chief U.S. Circuit Judge Priscilla Owen, a George W. Bush appointee.
The 11-judge majority concluded that the portion of Medicaid law cited by Planned Parenthood and its patients, known as the “any-qualified-provider” provision, can not sustain the providers’ claims — brought under the Section 1983 civil rights law — against the state.
Because the individual plaintiffs in the case “do not have a right to continued benefits to pay for care” from the providers, Owen wrote, an injunction issued by a district court — based on the Section 1983 claims of the individual plaintiffs — must be vacated.
Planned Parenthood characterized the ruling as “a blatantly political attack that will jeopardize critical health care access for Texans with low incomes during a global pandemic.”
“The governor wants to control where you can get family planning and sexual health care — once again, political ideology is driving health care policy, resulting in reduced access to care,” Planned Parenthood South Texas President and CEO Jefrey Hons said in a statement Monday. “All Texans, regardless of income, deserve access to quality, affordable health care and the ability to choose their own provider.
In 2015, the Texas Health and Human Services Commission first gave notice of its intention to terminate its Medicaid provider agreements with five Planned Parenthood entities — operating in Cameron County and the Dallas, San Antonio and Houston areas — that provide services to about 12,500 Medicaid beneficiaries at 30 locations annually.
Texas officials accused Planned Parenthood clinicians of expressing a “willingness” to profit from fetal tissue sold to anti-abortion activists, who had misrepresented themselves as being employees of a research firm in an undercover video released in 2015.
The activists were employees of a California group that calls itself the Center for Medical Progress. They were later charged for criminal conspiracy to invade piracy for recording the Planned Parenthood employees without permission.
The group’s video is edited to make it appear as if employees at the Houston-based Planned Parenthood Gulf Coast were negotiating the price of fetal remains, though the unedited footage revealed that the clinics sought only for the sham research firm to cover the cost of procuring and donating the fetal tissue.
In a press release Monday, Texas Attorney General Ken Paxton touted the appellate ruling as a decision to “Defund Planned Parenthood.”
“Undercover video plainly showed Planned Parenthood admitting to morally bankrupt and unlawful conduct, including violations of federal law by manipulating the timing and methods of abortions to obtain fetal tissue for their own research,” Paxton said in the statement. “Planned Parenthood is not a ‘qualified’ provider under the Medicaid Act, and it should not receive public funding through the Medicaid program.”
The new ruling from the New Orleans-based federal appeals court does not examine whether Texas’ decision to terminate its Medicaid agreements with the Houston Planned Parenthood branch was proper, or whether the providers are “qualified” under the Medicaid law.
“Under federal regulations promulgated under the Medicaid Act, a state Medicaid agency must provide an avenue for a provider to appeal a determination that it is not ‘qualified.’ Texas has provided an administrative procedure for such appeals. There is no analogous provision for Medicaid beneficiaries when a particular provider is deemed unqualified, indicating that there is no such right.”
The court noted that Monday’s decision overrules a previous Fifth Court ruling in Planned Parenthood of Gulf Coast, Inc. v. Gee, in which a three-judge panel sided with the Planned Parenthood branch and Medicaid beneficiaries in a Section 1983 lawsuit against Louisiana that asserted the clinics were “qualified” Medicaid providers.
The majority found the opinion in Gee conflicts with the Supreme Court precedent and added that federal law “expressly allows states to terminate a provider’s Medicaid agreement on many grounds.”
“These provisions make clear that a state agency may determine that a Medicaid provider is unqualified and terminate its Medicaid provider agreement even if the provider is lawfully permitted to provide health services to the general public,” Owen wrote.
U.S. Circuit Judge Stephen Higginson and U.S. Circuit Judge Gregg Costa, both Barack Obama appointees, and Chief U.S. Circuit Judge Carl Stewart, a Bill Clinton appointee, concurred and dissented in part with the majority’s ruling.
U.S. Circuit Judge James Dennis, a Bill Clinton appointee, and U.S. Circuit Judge James Graves, a Barack Obama appointee dissented from the majority opinion.
“Gee is well written and soundly reasoned, and nothing of substance has changed since we decided it,” Dennis wrote.
Planned Parenthood of Greater Texas said on Twitter that the ruling has not yet taken effect and its centers are still, for now, continuing to serve Medicaid patients.


courthousenews--2020-11-24--Arizona a ‘Blue’ State Now That Biden Won? Not Likely, Experts Say

The reason President-elect Joe Biden won in Arizona may be because of President Donald Trump .
But Trump won ’ t be on the ballot for the 2022 midterms , and he probably won ’ t be on the ballot in 2024 either .
TUCSON , Ariz. ( CN ) — President-elect Joe Biden ’ s win in Arizona has been variously attributed to the rural Navajo Nation , where turnout hit 87 % with more than 90 % voting for Biden ; Maricopa County , where no Democratic presidential candidate has won since 1948 ; and reliably blue Pima @ @ @ @ @ @ @ got 59 % of the vote .
But ultimately the biggest reason President Donald Trump lost in Arizona might just be Trump himself .
“ A lot of credit has got to go to Donald Trump , ” said University of Arizona political science Professor Tom Volgy .
“ He was such a polarizing figure , an intensely polarizing figure , that I think it ’ s very clear that he drove the turnout.
” Democrats generally have an edge when turnout is high , and more than 3.2 million of Arizona ’ @ @ @ @ @ @ @ .
Turnout reached 79 % , and it was up across the board geographically and demographically , Volgy said .
Arizona ’ s 15 counties had all certified election results by Monday , and the deadline for the state to certify is Nov. 30 .
The former Delaware senator won the Arizona 49.4 to 49.1 % , edging out the president by attracting suburban women , new Latino voters , and independents .
In Maricopa County , no Democrat had won a presidential race since President Harry Truman beat Republican Thomas Dewey — @ @ @ @ @ @ @ Chicago Daily Tribune famously called declared Dewey the winner in a front-page headline held up later by a victorious Truman for a now-iconic photo .
Maricopa County Democratic Party chair Steven Slugocki attributed Biden ’ s win there to a broad coalition but pointed to Latino activism and high turnout among suburban women as particularly important .
Outreach in the Latino community brought in new Maricopa County voters , Slugocki said .
“ We out-registered ( Republicans ) by tens of thousands over the past few years , ” he said .
Protests @ @ @ @ @ @ @ after Election Day .
Hundreds of protesters showed up outside the building where county employees were counting votes , at one point briefly forcing the count to pause but ultimately not significantly disrupting it .
The Arizona Republican Party sued in superior court over the way the county handled a hand-count audit , but that lawsuit was dismissed last week .
“ It ’ s ridiculous that Republicans continue this narrative that there was fraud or any irregularities in the election here , ” Slugocki said .
The Arizona GOP did not respond @ @ @ @ @ @ @ turnout hit as high as 90 % on the Tohono O ’ odham Nation in southern Arizona and nearly as high on the Navajo Nation in the northwest corner , Volgy thinks Biden would have won the state without that because of Arizona ’ s gradual , decades-long trend leftward .
“ This would have been much , much closer without that , but it ’ s plausible that Biden could have pulled it off without that phenomenal turnout on the Navajo Nation , because of the huge number of votes out of @ @ @ @ @ @ @ In Arizona ’ s Senate race to fill the seat left vacant in 2018 by the death in office of Republican Senator John McCain , Arizona also chose a Democrat — former space shuttle commander Mark Kelly , giving Arizona two Democratic senators for the first time since the early 1950s .
Turnout affected that race too , said Arizona State political science professor Kim Fridkin , but McSally herself was also a factor .
McSally , the nation ’ s first female combat pilot and former member of the House was appointed @ @ @ @ @ @ @ Doug Ducey .
She lost a race for Arizona ’ s other Senate seat in 2018 to Senator Kyrsten Sinema .
McSally ran a negative campaign in 2018 , then became a staunch ally of the president in her two years in the Senate , which Fridkin said hurt her .
“ McSally has a tendency to go negative to quickly and too heavily in both the 2018 and 2020 elections , ” Fridkin wrote in response to emailed questions .
“ McSally is not widely known in the state , so she @ @ @ @ @ @ @ vote FOR her , and I ’ m not sure she did that.
” Volgy said time will tell if McSally ’ s negative ads in the 2020 race will stick on Kelly .
He will be harder to beat next time .
“ It ’ s one thing to call an incoming candidate with no experience a socialist or a communist or someone who sells out to China , ” Volgy said .
“ It ’ s another thing to try to make those accusations once the person has a track record @ @ @ @ @ @ @ it.
” The 2020 election largely follows the long-time Arizona trend toward the left .
Fueled by an influx of Latinos and Californians , the state has been creeping left for decades .
But although Arizona is blue for now , Volgy isn ’ t committed to that .
Trump may not be running next time for president , and he won ’ t be in office for Arizona ’ s 2022 Senate race .
“ I have no doubt whatsoever that we are not a blue state , ” Volgy said .
@ @ @ @ @ @ @ state ” He expects infighting among conservative and moderate Republicans in the coming years , which could detract from the party ’ s ability to counter the growing Democratic tide .
Trump ’ s influence will linger in the state party in 2022 and 2024 , causing strife that could hurt Republicans .
“ There is going to be an enormous amount of bloodletting about who supported Trump and who didn ’ t support Trump , ” Volgy said .

The reason President-elect Joe Biden won in Arizona may be because of President Donald Trump. But Trump won't be on the ballot for the 2022 midterms, and he probably won't be on the ballot in 2024 either.
TUCSON, Ariz. (CN) — President-elect Joe Biden’s win in Arizona has been variously attributed to the rural Navajo Nation, where turnout hit 87% with more than 90% voting for Biden; Maricopa County, where no Democratic presidential candidate has won since 1948; and reliably blue Pima County, where the former vice president got 59% of the vote.
But ultimately the biggest reason President Donald Trump lost in Arizona might just be Trump himself.
“A lot of credit has got to go to Donald Trump,” said University of Arizona political science Professor Tom Volgy. “He was such a polarizing figure, an intensely polarizing figure, that I think it’s very clear that he drove the turnout.”
Democrats generally have an edge when turnout is high, and more than 3.2 million of Arizona’s 4.3 million registered voters cast ballots. Turnout reached 79%, and it was up across the board geographically and demographically, Volgy said.
Arizona’s 15 counties had all certified election results by Monday, and the deadline for the state to certify is Nov. 30. The former Delaware senator won Arizona 49.4 to 49.1%, edging out the president by attracting suburban women, new Latino voters, and independents.
In Maricopa County, no Democrat had won a presidential race since President Harry Truman beat Republican Thomas Dewey — a race so close nationally that the Chicago Daily Tribune famously called declared Dewey the winner in a front-page headline held up later by a victorious Truman for a now-iconic photo.
Maricopa County Democratic Party chair Steven Slugocki attributed Biden’s win there to a broad coalition but pointed to Latino activism and high turnout among suburban women as particularly important. Outreach in the Latino community brought in new Maricopa County voters, Slugocki said.
“We out-registered (Republicans) by tens of thousands over the past few years,” he said.
Protests erupted in Maricopa County in the days after Election Day. Hundreds of protesters showed up outside the building where county employees were counting votes, at one point briefly forcing the count to pause but ultimately not significantly disrupting it.
The Arizona Republican Party sued in superior court over the way the county handled a hand-count audit, but that lawsuit was dismissed last week.
“It’s ridiculous that Republicans continue this narrative that there was fraud or any irregularities in the election here,” Slugocki said.
The Arizona GOP did not respond to a request for comment.
Although turnout hit as high as 90% on the Tohono O’odham Nation in southern Arizona and nearly as high on the Navajo Nation in the northwest corner, Volgy thinks Biden would have won the state without that because of Arizona’s gradual, decades-long trend leftward.
“This would have been much, much closer without that, but it’s plausible that Biden could have pulled it off without that phenomenal turnout on the Navajo Nation, because of the huge number of votes out of Maricopa County,” Volgy said.
In Arizona’s Senate race to fill the seat left vacant in 2018 by the death in office of Republican Senator John McCain, Arizona also chose a Democrat — former space shuttle commander Mark Kelly, giving Arizona two Democratic senators for the first time since the early 1950s.
Turnout affected that race too, said Arizona State political science professor Kim Fridkin, but McSally herself was also a factor. McSally, the nation’s first female combat pilot and former member of the House was appointed to the seat in 2018 by Governor Doug Ducey. She lost a race for Arizona’s other Senate seat in 2018 to Senator Kyrsten Sinema.
McSally ran a negative campaign in 2018, then became a staunch ally of the president in her two years in the Senate, which Fridkin said hurt her.
“McSally has a tendency to go negative to quickly and too heavily in both the 2018 and 2020 elections,” Fridkin wrote in response to emailed questions. “McSally is not widely known in the state, so she needs to give people a reason to vote FOR her, and I’m not sure she did that.”
Volgy said time will tell if McSally’s negative ads in the 2020 race will stick on Kelly. He will be harder to beat next time.
“It’s one thing to call an incoming candidate with no experience a socialist or a communist or someone who sells out to China,” Volgy said. “It’s another thing to try to make those accusations once the person has a track record, and then people will laugh at it.”
The 2020 election largely follows the long-time Arizona trend toward the left. Fueled by an influx of Latinos and Californians, the state has been creeping left for decades. But although Arizona is blue for now, Volgy isn’t committed to that. Trump may not be running next time for president, and he won’t be in office for Arizona’s 2022 Senate race.
“I have no doubt whatsoever that we are not a blue state,” Volgy said. “We are at best a purple state”
He expects infighting among conservative and moderate Republicans in the coming years, which could detract from the party’s ability to counter the growing Democratic tide. Trump’s influence will linger in the state party in 2022 and 2024, causing strife that could hurt Republicans.
“There is going to be an enormous amount of bloodletting about who supported Trump and who didn’t support Trump,” Volgy said.


Brawl Stabbing

SAN DIEGO — San Diego Padres outfielder Tommy Pham sued the Pacers Showgirls International gentlemen ’ s club after he @ @ @ @ @ while trying to leave the establishment during a brawl .


Beanfields Bean Chips

LOS ANGELES — Beanfields bean chips are neither high in protein nor in fiber , despite a label that says @ @ @ @ @ ” with both , according to a federal class action filed this week .


courthousenews--2020-11-25--California Courts Covid Update

California Courts Covid Update

Nov. 19 , 2020 : Order regarding proceedings during the pandemic Nov. 24 , 2020 : Due to ongoing pandemic @ @ @ @ @ document filing and court appearances Nov. 23 , 2020 : Change in counter hours , @ @ @ @ @ close at 3:00 p.m. Nov. 23 , 2020 : Clerk ’ s office to be @ @ @ @ @ effective Nov. 24 through Dec. 11 Nov. 23 , 2020 : Access for filing limited @ @ @ @ @ , other limitations Nov. 18 , 2020 : Clerk ’ s counter hours limited to @ @ @ @ @ .


Election Lawsuits

HOUSTON — A North Carolina man claims he was duped into donating $ 2.5 million to a Texas-based organization that @ @ @ @ @ lawsuits seeking to uncover election fraud in support of President Trump but actually only filed @ @ @ @ @ all .


courthousenews--2020-11-25--Feds Won’t Require Insurance for Pollution Cleanup

( CN ) — Sparking criticism from environmentalists , the outgoing Trump administration said Wednesday it will not force power plants , chemical manufacturers and oil and gas producers to have insurance covering toxic waste cleanups .
The Environmental Protection Agency announced it finalized a rule pertaining to requirements for financial assurance , or insurance that would guarantee funding for cleaning up major spills and chemical releases .
The agency decided not to make that type of insurance mandatory for multiple industries that include gas , coal , oil and chemical manufacturing .
The decision is not a rollback of @ @ @ @ @ @ @ new requirements will be imposed .
“ EPA has found that existing environmental regulations and modern industry practices are sufficient to mitigate any risks inherent in these industries , ” EPA Administrator Andrew Wheeler said in a statement .
The decision goes against findings from by the Obama administration , which had pushed for the insurance requirements in order to avoid having to use money allocated for existing Superfund sites in the event of a major spill .
There are currently more than 1,300 Superfund sites nationwide .
The EPA said that , @ @ @ @ @ @ @ that the financial risks from coal power plants , the chemical manufacturing industry and the oil and gas industry are “ addressed by existing state and federal requirements to cover the costs of cleaning up possible hazardous substance releases.
” “ In addition to research and analysis , EPA reviewed and considered public comments to conclude that the level of risk is addressed by existing requirements and does not warrant new requirements for these industries , ” the agency said .
“ This is consistent with EPA ’ s interpretation of the [ @ @ @ @ @ @ @ Liability Act ] , which was unanimously upheld by the D.C .
Circuit Court of Appeals in litigation challenging the agency ’ s hardrock mining final action not requiring additional financial assurance.
” But environmental advocates and other critics of the Trump administration ’ s decision argue the companies responsible for pollution will not be held accountable under the rule , which is set to take effect in about a month .
“ The decision is a disaster for taxpayers , the environment and public health , ” said Lisa Evans , senior @ @ @ @ @ @ @ .
She said that polluters often declare bankruptcy , which leaves the cleanup costs to taxpayers .
“ This is corporate welfare that leaves American taxpayers at risk for having to foot the bill when polluters create a toxic mess , ” Evans added , calling the move a “ parting gift from Donald Trump to industry lobbyists on his way out the door.
” Evans also said the facilities at issue are mostly located in communities of color or low-income areas , leading to an environmental justice issue when chemical releases and @ @ @ @ @ @ @ work toward reversing the rule next year .

Sparking criticism from environmentalists, the outgoing Trump administration said Wednesday it will not require power plants, chemical manufacturers and oil and gas producers to have insurance covering toxic waste cleanups.
(CN) — Sparking criticism from environmentalists, the outgoing Trump administration said Wednesday it will not force power plants, chemical manufacturers and oil and gas producers to have insurance covering toxic waste cleanups.
The Environmental Protection Agency announced it finalized a rule pertaining to requirements for financial assurance, or insurance that would guarantee funding for cleaning up major spills and chemical releases.
The agency decided not to make that type of insurance mandatory for multiple industries that include gas, coal, oil and chemical manufacturing. The decision is not a rollback of any current rules but instead means no new requirements will be imposed.
“EPA has found that existing environmental regulations and modern industry practices are sufficient to mitigate any risks inherent in these industries,” EPA Administrator Andrew Wheeler said in a statement.
The decision goes against findings from by the Obama administration, which had pushed for the insurance requirements in order to avoid having to use money allocated for existing Superfund sites in the event of a major spill. There are currently more than 1,300 Superfund sites nationwide.
The EPA said that, following a detailed analysis, it found that the financial risks from coal power plants, the chemical manufacturing industry and the oil and gas industry are “addressed by existing state and federal requirements to cover the costs of cleaning up possible hazardous substance releases.”
“In addition to research and analysis, EPA reviewed and considered public comments to conclude that the level of risk is addressed by existing requirements and does not warrant new requirements for these industries,” the agency said. “This is consistent with EPA’s interpretation of the [Comprehensive Environmental Response, Compensation, and Liability Act], which was unanimously upheld by the D.C. Circuit Court of Appeals in litigation challenging the agency’s hardrock mining final action not requiring additional financial assurance.”
But environmental advocates and other critics of the Trump administration’s decision argue the companies responsible for pollution will not be held accountable under the rule, which is set to take effect in about a month.
“The decision is a disaster for taxpayers, the environment and public health,” said Lisa Evans, senior counsel at Earthjustice, in a statement.
She said that polluters often declare bankruptcy, which leaves the cleanup costs to taxpayers.
“This is corporate welfare that leaves American taxpayers at risk for having to foot the bill when polluters create a toxic mess,” Evans added, calling the move a “parting gift from Donald Trump to industry lobbyists on his way out the door.”
Evans also said the facilities at issue are mostly located in communities of color or low-income areas, leading to an environmental justice issue when chemical releases and spills occur. She said Earthjustice will work toward reversing the rule next year.


Top Eight

Your Wednesday night briefing from the staff of Courthouse News Top eight CNS stories for today including President Donald Trump pardoned his former national security adviser Michael Flynn ; The Trump campaign ’ s legal team disclosed that Rudy Giuliani isn ’ t certified to argue before the Third Circuit and needs special dispensation ; A Dutch court set a February date for the long-awaited trial of four men accused of downing Malaysia Airlines Flight 17 six years ago , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories @ @ @ @ @ @ @ Friday .
1 . )
President Donald Trump has pardoned his former national security adviser Michael Flynn , who twice pleaded guilty to lying to the FBI about his communications with Russian officials .
2 . )
Blaming “ Covid-19 complications ” with the New York government , the Trump campaign ’ s legal team disclosed Wednesday that Rudy Giuliani isn ’ t certified to argue before the Third Circuit and needs special dispensation .
3 . )
President Donald Trump faces an uncertain path in taking his election challenge to the U.S. @ @ @ @ @ @ @ dramatically change the census will take center stage Monday at oral arguments .
4 . )
Most experts agree President-elect Joe Biden will fulfill his campaign promise to stop building Donald Trump ’ s border wall .
But only time will tell how the incoming administration will repair the damage — environmental , cultural and political — the wall ’ s already done .
5 . )
As hospitals across huge swaths of West Texas continue to be severely stressed by an influx of Covid-19 patients , state and local officials are pinning @ @ @ @ @ @ @ they say could prevent some people sickened with the disease from ever having to go to a hospital .
6 . )
In a major about-face , the Trump administration denied a vital permit for a proposed gold and copper mining operation in Alaska on Wednesday — finding the project would spoil thousands of acres of wetlands and open waters in violation of the Clean Water Act .
7 . )
The National Oceanic and Atmospheric Administration announced Wednesday it would decline to delist the Arctic subspecies of ringed seals from the Endangered @ @ @ @ @ @ @ of evidence the creatures have recovered .
8 . )
The long-awaited trial of four men accused of downing Malaysia Airlines Flight 17 six years ago will start in February , the District Court of The Hague ruled Wednesday .

Top eight CNS stories for today including President Donald Trump pardoned his former national security adviser Michael Flynn; The Trump campaign’s legal team disclosed that Rudy Giuliani isn’t certified to argue before the Third Circuit and needs special dispensation; A Dutch court set a February date for the long-awaited trial of four men accused of downing Malaysia Airlines Flight 17 six years ago, and more.
Your Wednesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including President Donald Trump pardoned his former national security adviser Michael Flynn; The Trump campaign’s legal team disclosed that Rudy Giuliani isn’t certified to argue before the Third Circuit and needs special dispensation; A Dutch court set a February date for the long-awaited trial of four men accused of downing Malaysia Airlines Flight 17 six years ago, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) President Donald Trump has pardoned his former national security adviser Michael Flynn, who twice pleaded guilty to lying to the FBI about his communications with Russian officials.
FILE - In this Sept. 10, 2019 file photo, Michael Flynn, President Donald Trump's former national security adviser, leaves the federal court following a status conference in Washington. (AP Photo/Manuel Balce Ceneta)
2.) Blaming “Covid-19 complications” with the New York government, the Trump campaign’s legal team disclosed Wednesday that Rudy Giuliani isn’t certified to argue before the Third Circuit and needs special dispensation.
Former Mayor of New York Rudy Giuliani, a lawyer for President Donald Trump, speaks during a news conference at the Republican National Committee headquarters, Thursday Nov. 19, 2020, in Washington. (AP Photo/Jacquelyn Martin)
3.) President Donald Trump faces an uncertain path in taking his election challenge to the U.S. Supreme Court, but his bid to dramatically change the census will take center stage Monday at oral arguments.
FILE - In this Aug. 26, 2020, file photo, Lauri Dawn Kindness, left, helps a family participate in the U.S. Census as part of a campaign to increase Native American participation in the count, on the Crow Indian Reservation, in Lodge Grass, Montana. A complete count of Montana’s households could come with a big reward: a second seat in Congress and millions of federal dollars annually. But the 2020 census deadline remains in flux, making it uncertain if census takers will finish counting the vast, rural state. (AP Photo/Matthew Brown, File)
4.) Most experts agree President-elect Joe Biden will fulfill his campaign promise to stop building Donald Trump’s border wall. But only time will tell how the incoming administration will repair the damage — environmental, cultural and political — the wall’s already done.
A protected Saguaro cactus stands taller than the 30-foot steel bollard border wall erected by the Trump administration which cuts through Organ Pipe Cactus National Monument in Arizona. (Photo courtesy Laiken Jordahl / Center for Biological Diversity)
Regional
5.) As hospitals across huge swaths of West Texas continue to be severely stressed by an influx of Covid-19 patients, state and local officials are pinning their hopes on a new antibody drug they say could prevent some people sickened with the disease from ever having to go to a hospital.
Medical workers use the mobile morgues near the El Paso Medical Examiner Monday, Nov. 9, 2020, as coronavirus cases spike in El Paso, Texas. County Judge Ricardo Samaniego said the county has requested four more trailers in addition to the six mobile morgues. (Briana Sanchez/The El Paso Times via AP)
6.) In a major about-face, the Trump administration denied a vital permit for a proposed gold and copper mining operation in Alaska on Wednesday — finding the project would spoil thousands of acres of wetlands and open waters in violation of the Clean Water Act.
The Nushagak River, draining into Bristol Bay in Alaska. (AlaskaTrekker via Wikipedia)
7.) The National Oceanic and Atmospheric Administration announced Wednesday it would decline to delist the Arctic subspecies of ringed seals from the Endangered Species Act listing, citing a lack of evidence the creatures have recovered.
A ringed seal pup. (Shawn Dahle/NOAA)
International
8.) The long-awaited trial of four men accused of downing Malaysia Airlines Flight 17 six years ago will start in February, the District Court of The Hague ruled Wednesday.


courthousenews--2020-11-25--Feds Deny Permit for Mine Planned Near Pristine Alaska Bay

( CN ) — In a major about-face , the Trump administration denied a vital permit for a proposed gold and copper mining operation in Alaska on Wednesday — finding the project would spoil thousands of acres of wetlands and open waters in violation of the Clean Water Act .
Plans for the Pebble Mine operation in southwest Alaska ’ s pristine Bristol Bay have been in the works for decades .
The project would have meant undeveloped Alaskan wilderness would host a power plant , pipeline , miles of road to haul tons of debris and be marred by @ @ @ @ @ @ @ operation would also include toxic storage ponds at the headwaters of the Bristol Bay watershed , imperiling salmon and all the creatures who depend on them .
Opposition to the project has been widespread including by environmental advocacy groups , President-elect Joe Biden , elected Alaskan officials and multiple native tribes who have fished sockeye salmon that run wild for generations .
This past July , the U.S. Army Corps released its Final Environmental Impact Statement that allowed the project to move ahead .
The corps found the mining operation would have “ @ @ @ @ @ @ @ Bay watershed .
The corps walked that back in a letter to the developer in August , saying impact to the watershed was “ unavoidable.
” While the corps did not outright stop the project , it asked the mine developer how it would offset its despoliation of 3,285 acres of wetlands , 364 acres of open waters and 185 miles of streams .
Pebble Limited Partnership submitted its response to the corps , which was not made public .
But on Wednesday , the corps denied the developer ’ s application under @ @ @ @ @ @ @ and Harbors Act .
“ In its record of decision , USACE determined that the applicant ’ s plan for the discharge of fill material does not comply with Clean Water Act guidelines and concluded that the proposed project is contrary to the public interest , ” said Col. Damon Delarosa , Alaska district commander with the U.S. Army Corps of Engineers , in a statement .
In a letter to Pebble Limited Partnership vice president James Fueg announcing its decision , the corps said the “ project is contrary to the public @ @ @ @ @ @ @ significant degradation of the aquatic ecosystem.
” Wednesday ’ s decision by the corps was the result of three years of analysis which found the project would not comply with rule 404 of the Clean Water Act , which pertains to the disposal of materials .
In a statement , Pebble Limited said they would appeal the decision because the mining operation would provide resources for “ the nation ’ s transition to more renewable sources of energy and a lower carbon future.
” The company added the denial was under “ political @ @ @ @ @ @ @ .
But the political winds that might have once supported the mining operation have died down despite being touted by its developer as a job creator .
U.S .
Senator Lisa Murkowski of Alaska said she would make it a priority to protect Bristol Bay as the head of the Senate Interior and Environmental Appropriations Subcommittee .
“ I simply think it ’ s the wrong mine in the wrong place , ” Murkowski , a Republican , said at the Alaska Federation of Natives virtual convention in October .
Opposition to the @ @ @ @ @ @ @ Biden said this past August the only reason the development was allowed to make it this far is because the U.S. Environmental Protection Agency under the Trump administration overturned Obama-era policy decisions .
“ As president , I will do what President Trump has failed to do : listen to the scientists and experts to protect Bristol Bay — and all it offers to Alaska , our country , and the world , ” said Biden in a statement .
While Wednesday ’ s decision might be a major victory for conservationists , @ @ @ @ @ @ @ project since it was first proposed in 2002 , it doesn ’ t signal a death knell for Pebble Mine or future mining operations in the region .
Taryn Kiekow Heimer with the nonprofit Natural Resources Defense Council said the corps ’ decision is the culmination of decades of work for advocacy groups , but she ’ s only cautiously optimistic at this time .
“ Obviously , this is great news .
It should have happened after the Army Corps looked at the mining project , but this is not the end @ @ @ @ @ @ @ , ” said Heimer when reached by phone .
Heimer said the Corps should have denied the permit process after it was made clear that the developers could not offset the damage to the ecosystem .
“ It would have been impossible .
Usually when you remediate something , you fix something else , ” said Heimer .
“ But there ’ s nothing to fix up there .
There ’ s nothing to mitigate .
It ’ s pristine land .
”

In a major about-face, the Trump administration denied a vital permit for a proposed gold and copper mining operation in Alaska on Wednesday — finding the project would spoil thousands of acres of wetlands and open waters in violation of the Clean Water Act.
(CN) — In a major about-face, the Trump administration denied a vital permit for a proposed gold and copper mining operation in Alaska on Wednesday — finding the project would spoil thousands of acres of wetlands and open waters in violation of the Clean Water Act.
Plans for the Pebble Mine operation in southwest Alaska’s pristine Bristol Bay have been in the works for decades. The project would have meant undeveloped Alaskan wilderness would host a power plant, pipeline, miles of road to haul tons of debris and be marred by blasting, drilling and shoveling.
The operation would also include toxic storage ponds at the headwaters of the Bristol Bay watershed, imperiling salmon and all the creatures who depend on them.
Opposition to the project has been widespread including by environmental advocacy groups, President-elect Joe Biden, elected Alaskan officials and multiple native tribes who have fished sockeye salmon that run wild for generations.
This past July, the U.S. Army Corps released its Final Environmental Impact Statement that allowed the project to move ahead. The corps found the mining operation would have “no measurable impact” on the Bristol Bay watershed.
The corps walked that back in a letter to the developer in August, saying impact to the watershed was “unavoidable.” While the corps did not outright stop the project, it asked the mine developer how it would offset its despoliation of 3,285 acres of wetlands, 364 acres of open waters and 185 miles of streams.
Pebble Limited Partnership submitted its response to the corps, which was not made public. But on Wednesday, the corps denied the developer’s application under the Clean Water Act and the Rivers and Harbors Act.
“In its record of decision, USACE determined that the applicant’s plan for the discharge of fill material does not comply with Clean Water Act guidelines and concluded that the proposed project is contrary to the public interest,” said Col. Damon Delarosa, Alaska district commander with the U.S. Army Corps of Engineers, in a statement.
In a letter to Pebble Limited Partnership vice president James Fueg announcing its decision, the corps said the “project is contrary to the public interest” and would have caused “significant degradation of the aquatic ecosystem.”
Wednesday’s decision by the corps was the result of three years of analysis which found the project would not comply with rule 404 of the Clean Water Act, which pertains to the disposal of materials.
In a statement, Pebble Limited said they would appeal the decision because the mining operation would provide resources for “the nation’s transition to more renewable sources of energy and a lower carbon future.”
The company added the denial was under “political influence” made in the eleventh hour.
But the political winds that might have once supported the mining operation have died down despite being touted by its developer as a job creator.
U.S. Senator Lisa Murkowski of Alaska said she would make it a priority to protect Bristol Bay as the head of the Senate Interior and Environmental Appropriations Subcommittee.
"I simply think it's the wrong mine in the wrong place," Murkowski, a Republican, said at the Alaska Federation of Natives virtual convention in October.
Opposition to the project is also a bipartisan issue as Biden said this past August the only reason the development was allowed to make it this far is because the U.S. Environmental Protection Agency under the Trump administration overturned Obama-era policy decisions.
“As president, I will do what President Trump has failed to do: listen to the scientists and experts to protect Bristol Bay — and all it offers to Alaska, our country, and the world,” said Biden in a statement.
While Wednesday’s decision might be a major victory for conservationists, residents and Alaskans who have opposed the project since it was first proposed in 2002, it doesn’t signal a death knell for Pebble Mine or future mining operations in the region.
Taryn Kiekow Heimer with the nonprofit Natural Resources Defense Council said the corps’ decision is the culmination of decades of work for advocacy groups, but she’s only cautiously optimistic at this time.
“Obviously, this is great news. It should have happened after the Army Corps looked at the mining project, but this is not the end. A permit denial is just that,” said Heimer when reached by phone.
Heimer said the Corps should have denied the permit process after it was made clear that the developers could not offset the damage to the ecosystem.
“It would have been impossible. Usually when you remediate something, you fix something else,” said Heimer. “But there’s nothing to fix up there. There’s nothing to mitigate. It’s pristine land.”


courthousenews--2020-11-25--Texas Pins Hopes on Antibody Drug to Ease Strain on Hospitals

One clinical trial showed the drug reduced virus-related hospitalizations by about 5 % when given to patients early .
( CN ) — As hospitals across huge swaths of West Texas continue to be severely stressed by an influx of Covid-19 patients , state and local officials are pinning their hopes on a new antibody drug they say could prevent some people sickened with the disease from ever having to go to a hospital .
While public health experts are optimistic about a state-led plan to distribute the drug to hospitals and possibly other facilities like nursing homes , they @ @ @ @ @ @ @ not guaranteed to solve the crisis hospitals are facing in places like the hard-hit city of El Paso .
“ It ’ s one of the tools in the toolbox , ” Luis Ostrosky , an infectious diseases expert at the University of Texas ’ Health Science Center in Houston , said in an interview .
“ I fully expect it to have an effect , it ’ s just , it ’ s not going to drive by itself the numbers down.
” The effort ’ s success could depend largely on @ @ @ @ @ @ @ for Thanksgiving and to take precautions throughout the holiday season .
“ I truly believe that there ’ s nothing more important than for our entire community to prudently and safely handle Black Friday and [ the ] Thanksgiving holiday , ” El Paso County Judge Ricardo Samaniego , the county ’ s top elected official , said during a news briefing Tuesday .
Texas is among the many states receiving allocations of the drug , Eli Lilly ’ s bamlanivimab , after the federal government authorized it for emergency use earlier this @ @ @ @ @ @ @ 1,000 doses of the drug so far , officials said , while the Lubbock area has received about 300 .
The state ’ s focus on the drug comes after a recent court ruling in El Paso that essentially took local shutdown orders off the table as an option for dealing with a troubling resurgence of the virus across the state .
Texas reported another record-high daily number of 14,648 new virus cases on Wednesday , while statewide Covid-19 hospitalizations have grown to almost 80 % of their all-time peak in late July @ @ @ @ @ @ @ attorney general led the legal fight that overturned a temporary shutdown in El Paso , traveled to West Texas last week to promote the plan for the antibody drug .
Speaking in Lubbock , where 28 % of the region ’ s hospital beds are now filled with Covid patients , Abbott outlined a plan to begin shipping the antibody drug to hospitals across the state on a weekly basis .
The goal , he said , is to quickly give the drug to patients who develop mild or moderate cases of the @ @ @ @ @ @ @ severe complications .
Abbott also this week announced his plan to distribute Covid-19 vaccines once they ’ re available , which calls for distributions focused initially on protecting health care and other frontline workers and vulnerable populations .
In the meantime , doctors hope the antibody treatments will prevent at least some virus patients from developing severe cases and will allow them to recover from the disease at home , as opposed to being rushed to hospitals .
They ’ re encouraged by the science : one clinical trial showed the drug reduced @ @ @ @ @ @ @ when given to patients early in the course of the disease .
While businesses across West Texas have been required to scale back their capacity to 50 % from 75 % in recent weeks as Covid-19 hospitalizations have surged , Abbott has made clear that the plan for the antibody drug will not be accompanied by the kind of sweeping restrictions he implemented during the state ’ s previous summer surge .
“ Statewide , we ’ re not going to have another shutdown , ” the governor said in Lubbock .
In @ @ @ @ @ @ @ ” for the antibody drug treatments is already underway .
One male patient was sent to the city ’ s convention center to begin receiving an infusion of the drug on Tuesday , officials said .
Ed Michelson , an emergency medicine expert at Texas Tech University ’ s Health Sciences Center in El Paso , said raw data alone will not be enough to gauge the program ’ s effectiveness in the weeks ahead .
“ Just looking at our daily hospital numbers won ’ t tell us whether this bent the @ @ @ @ @ @ @ Tuesday on a call with reporters .
“ The only way to know is by actually following the patients , seeing how many of them stay out of the hospital.
” “ I think it ’ ll help , ” he said .
“ I don ’ t know how much.
” Officials in Lubbock hope the drug will help rein in what they ’ ve described as an untenable situation for the region ’ s hospitals .
“ Our hospitals , our emergency rooms and our ICUs are saturated , ” Lubbock @ @ @ @ @ @ @ Cook said during a briefing Tuesday .
“ We can not tolerate and handle any more increase in the cases that we already have coming in.
” Cook and other local officials urged the public to take safety precautions over the Thanksgiving holiday .
“ Our surge in cases is not due to super-spreader events , ” said Katherine Wells , Lubbock ’ s health department director .
“ It ’ s the accumulation of thousands of decisions that are made across the community to ignore public health guidance of wearing a mask @ @ @ @ @ @ @ and keeping physically distant.
” Michelson , the health expert involved in El Paso ’ s antibody drug program , said he was concerned that Thanksgiving could become the region ’ s next super-spreader event , which would chip away at the overall effectiveness of the drug program .
Still , he said , the program is expected to reduce Covid-19 hospitalizations by anywhere from 45 to 110 patients out of 1,000 cases , which he would consider a success .
“ This product is being provided to us at no cost to @ @ @ @ @ @ @ a cost going forward for obtaining doses , ” Michelson said .
“ So we ’ ll have to see how many hospitalizations we save , and then decide whether the effort that ’ s going into this is justified by the outcome .
”

As hospitals across huge swaths of West Texas continue to be severely stressed by an influx of Covid-19 patients, state and local officials are pinning their hopes on a new antibody drug they say could prevent some people sickened with the disease from ever having to go to a hospital.
(CN) — As hospitals across huge swaths of West Texas continue to be severely stressed by an influx of Covid-19 patients, state and local officials are pinning their hopes on a new antibody drug they say could prevent some people sickened with the disease from ever having to go to a hospital.
While public health experts are optimistic about a state-led plan to distribute the drug to hospitals and possibly other facilities like nursing homes, they also caution that the drug alone is not guaranteed to solve the crisis hospitals are facing in places like the hard-hit city of El Paso.
“It’s one of the tools in the toolbox,” Luis Ostrosky, an infectious diseases expert at the University of Texas’ Health Science Center in Houston, said in an interview. “I fully expect it to have an effect, it’s just, it’s not going to drive by itself the numbers down.”
The effort’s success could depend largely on whether people heed calls to stay home for Thanksgiving and to take precautions throughout the holiday season.
“I truly believe that there’s nothing more important than for our entire community to prudently and safely handle Black Friday and [the] Thanksgiving holiday,” El Paso County Judge Ricardo Samaniego, the county’s top elected official, said during a news briefing Tuesday.
Texas is among the many states receiving allocations of the drug, Eli Lilly’s bamlanivimab, after the federal government authorized it for emergency use earlier this month. El Paso has received about 1,000 doses of the drug so far, officials said, while the Lubbock area has received about 300.
The state’s focus on the drug comes after a recent court ruling in El Paso that essentially took local shutdown orders off the table as an option for dealing with a troubling resurgence of the virus across the state.
Texas reported another record-high daily number of 14,648 new virus cases on Wednesday, while statewide Covid-19 hospitalizations have grown to almost 80% of their all-time peak in late July.
Republican Governor Greg Abbott, whose attorney general led the legal fight that overturned a temporary shutdown in El Paso, traveled to West Texas last week to promote the plan for the antibody drug.
Speaking in Lubbock, where 28% of the region’s hospital beds are now filled with Covid patients, Abbott outlined a plan to begin shipping the antibody drug to hospitals across the state on a weekly basis. The goal, he said, is to quickly give the drug to patients who develop mild or moderate cases of the disease but are at high risk for severe complications.
Abbott also this week announced his plan to distribute Covid-19 vaccines once they’re available, which calls for distributions focused initially on protecting health care and other frontline workers and vulnerable populations.
In the meantime, doctors hope the antibody treatments will prevent at least some virus patients from developing severe cases and will allow them to recover from the disease at home, as opposed to being rushed to hospitals. They’re encouraged by the science: one clinical trial showed the drug reduced Covid-19 related hospitalizations by about 5% when given to patients early in the course of the disease.
While businesses across West Texas have been required to scale back their capacity to 50% from 75% in recent weeks as Covid-19 hospitalizations have surged, Abbott has made clear that the plan for the antibody drug will not be accompanied by the kind of sweeping restrictions he implemented during the state’s previous summer surge.
“Statewide, we’re not going to have another shutdown,” the governor said in Lubbock.
In El Paso, a “pilot program” for the antibody drug treatments is already underway. One male patient was sent to the city’s convention center to begin receiving an infusion of the drug on Tuesday, officials said.
Ed Michelson, an emergency medicine expert at Texas Tech University’s Health Sciences Center in El Paso, said raw data alone will not be enough to gauge the program’s effectiveness in the weeks ahead.
“Just looking at our daily hospital numbers won’t tell us whether this bent the curve or not,” Michelson said Tuesday on a call with reporters. “The only way to know is by actually following the patients, seeing how many of them stay out of the hospital.”
“I think it’ll help,” he said. “I don’t know how much.”
Officials in Lubbock hope the drug will help rein in what they’ve described as an untenable situation for the region’s hospitals.
“Our hospitals, our emergency rooms and our ICUs are saturated,” Lubbock County’s public health authority Ron Cook said during a briefing Tuesday. “We cannot tolerate and handle any more increase in the cases that we already have coming in.”
Cook and other local officials urged the public to take safety precautions over the Thanksgiving holiday.
“Our surge in cases is not due to super-spreader events,” said Katherine Wells, Lubbock’s health department director. “It’s the accumulation of thousands of decisions that are made across the community to ignore public health guidance of wearing a mask, staying home when you are sick and keeping physically distant.”
Michelson, the health expert involved in El Paso’s antibody drug program, said he was concerned that Thanksgiving could become the region’s next super-spreader event, which would chip away at the overall effectiveness of the drug program.
Still, he said, the program is expected to reduce Covid-19 hospitalizations by anywhere from 45 to 110 patients out of 1,000 cases, which he would consider a success.
“This product is being provided to us at no cost to the patients, but clearly there is a cost going forward for obtaining doses,” Michelson said. “So we’ll have to see how many hospitalizations we save, and then decide whether the effort that’s going into this is justified by the outcome.”