courthousenews--2020-10-23--First Amendment Tour de Florida: Stage 3, Tavares to Yulee

Acting like a trade association , Florida ’ s elected court clerks have seized control of the portal through which public records are created and seen .
Why ?
Follow the money .
The Florida clerks created a for-profit company to manage the portal and collect convenience fees and credit surcharges on the half-billion dollars that flows through the Florida court system .
The for-profit company then distributes “ dividends ” to the clerks association .
How many millions of dollars are involved — that is a figure cloaked within the company books .
One result of the company ’ @ @ @ @ @ @ @ is that First Amendment access to court records has been crushed .
One of the Courthouse News reporters in Florida , Marilyn Alvarez , visited courts in the center of the state to see how bad it was .
In the reading room of Lake County ’ s Circuit Court , reporter Alvarez searched for the new cases , a traditional source of news .
On each docket record was superimposed a small drawing of a lock .
She then went back to the check-in window and asked to see the new cases @ @ @ @ @ @ @ the reporter was a party to the case , she must request the document and wait for it to be read front to back by a court employee .
That usually takes two to three days , she said .
If you do not ask and wait , the case stays locked .
At the courthouse for Volusia County , Alvarez was directed to three public computer terminals on the second floor .
Under the tab labeled “ daily cases filed circuit civil , ” no cases from that day could be seen @ @ @ @ @ @ @ talked with a counter clerk and her supervisor who explained that a new complaint can not be reviewed if it is not already on the computer terminal .
They further explained that an e-filed case first goes into a queue where a clerk in the call center reviews and accepts the public filing .
It then goes into a second queue for the civil department where another clerk checks the fee payment and reads through the entire document .
When the document is opened by a reporter , it is again checked , @ @ @ @ @ @ @ .
The clerk said the office aims to let people see the new filings within three days .
The actual delays varied from day to day but the clerk ’ s estimate was about right , overall .
A few weeks later , the Courthouse News bureau chief for the region , Ryan Abbott , visited courts along Florida ’ s northern border .
He took a car for hire to the clerk ’ s office in Nassau County Circuit Court .
“ Yulee is the middle of nowhere , no town , @ @ @ @ @ @ @ said Abbott .
“ It ’ s a wooden crossroads and here ’ s this big government building .
“ In the clerk ’ s office there was a couple computer terminals against the wall .
There ’ s glass between clerks and the public , a clerk is there and she ’ s friendly.
” The public terminals gave an error message .
“ So I went to window , she spun her computer around for me to look at .
She passed her mouse under the glass.
” While she watched @ @ @ @ @ @ @ ’ s search page but a message on the screen said the page was the page was unresponsive .
The clerk called the “ tech people ” but they did not pick up , she left a message .
While they waited , the clerk explained that she must first accept a new case , at which point docket information becomes available on the court ’ s website .
The images , however , are held back until a clerk reads through them .
“ We have three days , ” she said @ @ @ @ @ @ @ Abbott left without seeing any new filings , recent or otherwise .
“ I went outside and got an Uber .
When he came , the guy gets out of car and moves fishing gear from the back seat .
He told me that when he got the call he was fishing for smallmouth bass in culverts by the side of the highway.
” Unlike any other court in the nation , Florida ’ s court clerks believe they are required to check each filing for private information before it goes online .
@ @ @ @ @ @ @ is lethal to news reporting .
The traditional reporter ’ s job of reviewing the new filings has been incinerated by the clerks , and public documents sit behind an icon in the form of lock .
But if a reporter pays in advance , the clerk dispenses with formalities and prints out the document .
Like the clerk-owned , for-profit company that controls the filing portal , it ’ s all about the money .
Read about other stages of the First Amendment Tour de Florida :

Acting like a trade association, Florida’s elected court clerks have seized control of the portal through which public records are created and seen. Why? Follow the money.
The Florida clerks created a for-profit company to manage the portal and collect convenience fees and credit surcharges on the half-billion dollars that flows through the Florida court system.
The for-profit company then distributes “dividends” to the clerks association. How many millions of dollars are involved — that is a figure cloaked within the company books.
One result of the company’s monopoly control of the public record is that First Amendment access to court records has been crushed. One of the Courthouse News reporters in Florida, Marilyn Aciego, visited courts in the center of the state to see how bad it was.
Tavares
In the reading room of Lake County’s Circuit Court, reporter Aciego searched for the new cases, a traditional source of news. On each docket record was superimposed a small drawing of a lock.
She then went back to the check-in window and asked to see the new cases. The counter clerk said that unless the reporter was a party to the case, she must request the document and wait for it to be read front to back by a court employee.
That usually takes two to three days, she said. If you do not ask and wait, the case stays locked.
DeLand
At the courthouse for Volusia County, Aciego was directed to three public computer terminals on the second floor. Under the tab labeled “daily cases filed circuit civil,” no cases from that day could be seen.
She went to the counter and talked with a counter clerk and her supervisor who explained that a new complaint cannot be reviewed if it is not already on the computer terminal.
They further explained that an e-filed case first goes into a queue where a clerk in the call center reviews and accepts the public filing. It then goes into a second queue for the civil department where another clerk checks the fee payment and reads through the entire document.
When the document is opened by a reporter, it is again checked, this automatically, by a software program. The clerk said the office aims to let people see the new filings within three days. The actual delays varied from day to day but the clerk’s estimate was about right, overall.
Yulee
A few weeks later, the Courthouse News bureau chief for the region, Ryan Abbott, visited courts along Florida’s northern border. He took a car for hire to the clerk’s office in Nassau County Circuit Court.
“Yulee is the middle of nowhere, no town, no cafes, no bakeries,” said Abbott. “It’s a wooden crossroads and here’s this big government building.
“In the clerk’s office there was a couple computer terminals against the wall. There’s glass between clerks and the public, a clerk is there and she’s friendly.”
The public terminals gave an error message. “So I went to window, she spun her computer around for me to look at. She passed her mouse under the glass.”
While she watched, he attempted to open the court’s search page but a message on the screen said the page was unresponsive. The clerk called the “tech people” but they did not pick up, she left a message.
Highway fishing
While they waited, the clerk explained that she must first accept a new case, at which point docket information becomes available on the court’s website. The images, however, are held back until a clerk reads through them. “We have three days,” she said.
After waiting for 20 minutes, Abbott left without seeing any new filings, recent or otherwise. “I went outside and got an Uber. When he came, the guy gets out of car and moves fishing gear from the back seat. He told me that when he got the call he was fishing for smallmouth bass in culverts by the side of the highway.”
_______
Unlike any other court in the nation, Florida’s court clerks believe they are required to check each filing for private information before it goes online. The result is a multi-day delay that is lethal to news reporting.
The traditional reporter’s job of reviewing the new filings has been incinerated by the clerks, and public documents sit behind an icon in the form of lock. But if a reporter pays in advance, the clerk dispenses with formalities and prints out the document.
Like the clerk-owned, for-profit company that controls the filing portal, it’s all about the money.
Read about other stages of the First Amendment Tour de Florida:
Tour de Florida: Stage 1, Key West to Fort Lauderdale
Tour de Florida, Stage 2: Palm Beach to Orlando


courthousenews--2020-10-22--Oregon Supreme Court Affirms Dismissal of Climate Change Lawsuit

( CN ) — A divided Oregon Supreme Court on Thursday affirmed an appeals court ’ s decision to strike claims that the state evaded its responsibility to stop climate change , finding that a duty to protect natural resources doesn ’ t exist under the public trust doctrine .
Oregon residents Olivia Chernaik and Kelsey Cascadia Rose Juliana sued former Governor John Kitzhaber in 2011 .
The lawsuit in Lane County Circuit Court argued state inaction on halting the climate crisis violated a legal duty to hold natural resources like the land , water and atmosphere in a protected @ @ @ @ @ @ @ Plaintiffs sought an injunction that would require officials to produce annual reports on Oregon ’ s greenhouse gas emissions and both develop and implement a plan that drop atmospheric concentrations of carbon dioxide to 350 parts per million by 2100 .
Lane County Presiding Judge Karsten Rasmussen struck down the claims in 2015 , granting summary judgment and finding Oregon officials have no fiduciary obligation to protect such land from climate change .
Only “ submerged and submersible lands , ” or the land between the high and low water mark , were @ @ @ @ @ @ @ court found .
Rasmussen also said in the ruling that the doctrine didn ’ t extend to navigable waters , beaches , islands , wildlife or the atmosphere .
In 2019 , the state Court of Appeals sided with the trial court but declined to decide what resources are protected under the doctrine .
A divided Oregon Supreme Court panel on Thursday affirmed the appeals court decision , outlining in an opinion by Justice Lynn Nakamoto what lands fall under the public trust doctrine .
The panel said the trial court erroneously found @ @ @ @ @ @ @ lands ” are subject to the public trust doctrine .
“ We hold that the public trust doctrine currently encompasses navigable waters and the submerged and submersible lands underlying those waters , ” the opinion said .
“ Although the public trust is capable of expanding to include more natural resources , we do not extend the doctrine to encompass other natural resources at this time.
” The high court declined to adopt the plaintiffs ’ position that the state has the same fiduciary duty as a common-law private trust to “ prevent @ @ @ @ @ @ @ The panel agreed with the plaintiffs ’ argument that the doctrine can be modified to meet society ’ s needs over time , but said the legal grounds for such an expansion were not established in the case .
“ We reject plaintiffs ’ contention that this court should adopt an expansive test for determining protected trust resources and , applying that test , should hold that the public trust doctrine extends to all the waters of the state , wild fish and other wildlife , and the atmosphere in Oregon , ” @ @ @ @ @ @ @ case , therefore , we do not impose broad fiduciary duties on the state , akin to the duties of private trustees , that would require the state to protect public trust resources from effects of greenhouse gas emissions and consequent climate change.
” The matter is remanded to the trial court with instructions to enter judgment declaring navigable waters as a public trust resource .
Plaintiff ’ s counsel Courtney Johnson of the Crag Law Center said in an emailed statement the realities of climate change are not abstract for Oregon residents @ @ @ @ @ @ @ wildfires last month .
“ It ’ s disappointing that the court acknowledged the ‘ recognized duty that the state has to protect public trust resources for the benefit of the public ’ s use of navigable waterways ’ but declined to give that duty any meaning with respect to climate change ’ s devastating impacts , ” Johnson said .
“ While the court explicitly left the door open for future claims related to public trust resources and the state ’ s duty to protect them , as Chief Justice Walters noted @ @ @ @ @ @ @ .
Our forests , our waters , and our children can not wait.
” A spokesperson for the Oregon Attorney General did not immediately respond to an emailed request for comment .
In her dissenting opinion , Chief Justice Martha Walters said the court should have declared that Oregon has a duty to prevent “ substantial impairment ” of natural resources in a public trust .
“ Because the purpose of the public trust doctrine is to ensure the public ’ s rights to use and enjoy public trust resources now and into @ @ @ @ @ @ @ an obligation to protect and preserve them , ” Walters ’ opinion said .
“ To ensure the future use and enjoyment of public trust resources , the state must do more than refrain from selling public trust resources and restricting their use.
” If the state were emitting pollutants that interfere with the public ’ s right to enjoy resources in a public trust , the court could enter an injunction stopping such action , Walters said , adding that the action should be the same if a third party emits pollutants @ @ @ @ @ @ @ duty to protect a person or property from harm , the entity breaches that duty when it causes such harm , ” the opinion said .
“ And an entity can cause harm either by acting or failing to act.
” Justices Rebecca Duncan , Adrienne Nelson , Thomas Balmer , Meagan Flynn and Senior Judge pro tempore Rives Kistler rounded out the panel .
Justice Christopher Garrett did not participate in consideration of the case .

A divided Oregon Supreme Court on Thursday affirmed an appeals court’s decision to strike claims that the state evaded its responsibility to stop climate change, finding that a duty to protect natural resources doesn’t exist under the public trust doctrine.
(CN) — A divided Oregon Supreme Court on Thursday affirmed an appeals court’s decision to strike claims that the state evaded its responsibility to stop climate change, finding that a duty to protect natural resources doesn’t exist under the public trust doctrine.
Oregon residents Olivia Chernaik and Kelsey Cascadia Rose Juliana sued former Governor John Kitzhaber in 2011.
The lawsuit in Lane County Circuit Court argued state inaction on halting the climate crisis violated a legal duty to hold natural resources like the land, water and atmosphere in a protected trust for current and future generations.
Plaintiffs sought an injunction that would require officials to produce annual reports on Oregon’s greenhouse gas emissions and both develop and implement a plan that drop atmospheric concentrations of carbon dioxide to 350 parts per million by 2100.
Lane County Presiding Judge Karsten Rasmussen struck down the claims in 2015, granting summary judgment and finding Oregon officials have no fiduciary obligation to protect such land from climate change.
Only “submerged and submersible lands,” or the land between the high and low water mark, were part of the public trust, the court found.
Rasmussen also said in the ruling that the doctrine didn’t extend to navigable waters, beaches, islands, wildlife or the atmosphere.
In 2019, the state Court of Appeals sided with the trial court but declined to decide what resources are protected under the doctrine.
A divided Oregon Supreme Court panel on Thursday affirmed the appeals court decision, outlining in an opinion by Justice Lynn Nakamoto what lands fall under the public trust doctrine.
The panel said the trial court erroneously found that only “submerged and submersible state lands” are subject to the public trust doctrine.
“We hold that the public trust doctrine currently encompasses navigable waters and the submerged and submersible lands underlying those waters,” the opinion said. “Although the public trust is capable of expanding to include more natural resources, we do not extend the doctrine to encompass other natural resources at this time.”
The high court declined to adopt the plaintiffs’ position that the state has the same fiduciary duty as a common-law private trust to “prevent substantial impairment” of trust resources.
The panel agreed with the plaintiffs’ argument that the doctrine can be modified to meet society’s needs over time, but said the legal grounds for such an expansion were not established in the case.
“We reject plaintiffs’ contention that this court should adopt an expansive test for determining protected trust resources and, applying that test, should hold that the public trust doctrine extends to all the waters of the state, wild fish and other wildlife, and the atmosphere in Oregon,” the opinion said.
“In this case, therefore, we do not impose broad fiduciary duties on the state, akin to the duties of private trustees, that would require the state to protect public trust resources from effects of greenhouse gas emissions and consequent climate change.”
The matter is remanded to the trial court with instructions to enter judgment declaring navigable waters as a public trust resource.
Plaintiff’s counsel Courtney Johnson of the Crag Law Center said in an emailed statement the realities of climate change are not abstract for Oregon residents, especially in the wake of massive wildfires last month.
“It's disappointing that the court acknowledged the ‘recognized duty that the state has to protect public trust resources for the benefit of the public's use of navigable waterways’ but declined to give that duty any meaning with respect to climate change's devastating impacts,” Johnson said.
“While the court explicitly left the door open for future claims related to public trust resources and the state's duty to protect them, as Chief Justice Walters noted in dissent, the time is now. Our forests, our waters, and our children cannot wait.”
A spokesperson for the Oregon Attorney General did not immediately respond to an emailed request for comment.
In her dissenting opinion, Chief Justice Martha Walters said the court should have declared that Oregon has a duty to prevent “substantial impairment” of natural resources in a public trust.
“Because the purpose of the public trust doctrine is to ensure the public’s rights to use and enjoy public trust resources now and into the future, the doctrine must impose an obligation to protect and preserve them,” Walters’ opinion said. “To ensure the future use and enjoyment of public trust resources, the state must do more than refrain from selling public trust resources and restricting their use.”
If the state were emitting pollutants that interfere with the public’s right to enjoy resources in a public trust, the court could enter an injunction stopping such action, Walters said, adding that the action should be the same if a third party emits pollutants.
“When an entity has a duty to protect a person or property from harm, the entity breaches that duty when it causes such harm,” the opinion said. “And an entity can cause harm either by acting or failing to act.”
Justices Rebecca Duncan, Adrienne Nelson, Thomas Balmer, Meagan Flynn and Senior Judge pro tempore Rives Kistler rounded out the panel.
Justice Christopher Garrett did not participate in consideration of the case.


courthousenews--2020-10-22--California Courts Covid Update

California Courts Covid Update

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Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight CNS stories for today including Democrats boycotted the vote to advance President Donald Trump ’ s Supreme Court pick to the full Senate ; Trump and Joe Biden are set to clash on stage for the last time ; A panel of three federal judges ruled that the exclusion of undocumented immigrants from the 2020 census count is unlawful , 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 @ @ @ @ @ @ @ not give the process “ further legitimacy , ” Senate Democrats boycotted the vote Thursday to advance President Donald Trump ’ s Supreme Court pick to the full Senate .
2 . )
With new debate rules and less than two weeks to go until Election Day , President Donald Trump and former Vice President Joe Biden are set to clash on stage for the last time Thursday night in Nashville , a city feeling the effects of the pandemic .
3 . )
A panel of three federal judges ruled Thursday that @ @ @ @ @ @ @ undocumented immigrants from the 2020 census count is unlawful , finding the U.S. Constitution mandates the enumeration of all people in the nation , not solely citizens .
4 . )
Contesting the new threshold for establishing proof of housing discrimination , two nonprofits argued Thursday that the change set to take effect next week will “ set the clock back a half century in the fight for fair housing.
” 5 . )
Fighting a two-front war against the border wall , the National Butterfly Center in South Texas has brought legal @ @ @ @ @ @ @ a group raising money for a privately funded wall .
6 . )
In a win for local law enforcement agencies , the Virginia Supreme Court on Thursday allowed the state ’ s largest police department to continue collecting license plate data picked up when cars drive by automated scanners .
7 . )
Three Ninth Circuit judges heard arguments Thursday over the constitutionality of an Oakland ordinance requiring landlords to pay relocation costs for tenants displaced by evictions when property owners move back in .
8 . )
Ferrari got the green @ @ @ @ @ @ @ high court Thursday to continue using the name of its iconic car , the Testarossa , even though the model has been discontinued .

Top eight CNS stories for today including Democrats boycotted the vote to advance President Donald Trump’s Supreme Court pick to the full Senate; President Donald Trump and Joe Biden are set to clash on stage for the last time; A panel of three federal judges ruled that Trump’s memo excluding undocumented immigrants from the 2020 census count is unlawful, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Democrats boycotted the vote to advance President Donald Trump’s Supreme Court pick to the full Senate; Trump and Joe Biden are set to clash on stage for the last time; A panel of three federal judges ruled that the exclusion of undocumented immigrants from the 2020 census count is unlawful, 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.) Saying they will not give the process “further legitimacy,” Senate Democrats boycotted the vote Thursday to advance President Donald Trump’s Supreme Court pick to the full Senate.
Images of people who've been helped by the Affordable Care Act (ACA) occupy the seats of Democratic senators boycotting a Senate Judiciary Committee business meeting on the nomination of Judge Amy Coney Barrett to be an associate justice of the U.S. Supreme Court, Thursday, Oct. 22, 2020 on Capitol Hill in Washington. (Caroline Brehman/Pool via AP)
2.) With new debate rules and less than two weeks to go until Election Day, President Donald Trump and former Vice President Joe Biden are set to clash on stage for the last time Thursday night in Nashville, a city feeling the effects of the pandemic.
Mock debaters perform onstage as preparations take place for the second Presidential debate at Belmont University, Wednesday, Oct. 21, 2020, in Nashville, Tenn. President Donald Trump and Democratic presidential candidate, former Vice President Joe Biden are scheduled to debate Thursday, Oct. 22. (AP Photo/Patrick Semansky)
3.) A panel of three federal judges ruled Thursday that President Donald Trump’s memo excluding undocumented immigrants from the 2020 census count is unlawful, finding the U.S. Constitution mandates the enumeration of all people in the nation, not solely citizens.
In this June 25, 2020, file photo, two young children hold signs through the car window that make reference to the 2020 U.S. Census as they wait in the car with their family at an outreach event in Dallas. Thousands of census takers are about to begin the most labor-intensive part of America’s once-a-decade headcount (AP Photo/Tony Gutierrez, File)
4.) Contesting the new threshold for establishing proof of housing discrimination, two nonprofits argued Thursday that the change set to take effect next week will “set the clock back a half century in the fight for fair housing.”
5.) Fighting a two-front war against the border wall, the National Butterfly Center in South Texas has brought legal challenges against both the Trump administration and a group raising money for a privately funded wall.
The National Butterfly Center in Mission, Texas. (Photo via Mtwrighter/Wikipedia Commons)
Regional
6.) In a win for local law enforcement agencies, the Virginia Supreme Court on Thursday allowed the state’s largest police department to continue collecting license plate data picked up when cars drive by automated scanners.
7.) Three Ninth Circuit judges heard arguments Thursday over the constitutionality of an Oakland ordinance requiring landlords to pay relocation costs for tenants displaced by evictions when property owners move back in.
A man wears a mask to protect himself from the coronavirus while running in front of the San Francisco-Oakland Bay Bridge along the Embarcadero in San Francisco, Sunday, April 5, 2020. (AP Photo/Jeff Chiu)
International
8.) Ferrari got the green light from the European Union’s high court Thursday to continue using the name of its iconic car, the Testarossa, even though the model has been discontinued.


courthousenews--2020-10-22--Cleanup Firm Can’t Duck Whistleblower Case Involving Irradiated Shipyard

( CN ) — A federal judge ruled Thursday that plaintiffs could continue their claims against an environmental analysis firm allegedly fudging soil samples to conceal radioactivity at a former Navy test site in the Bayview neighborhood of San Francisco .
U.S. District Judge James Donato said the case could continue as attempts of Tetra Tech Inc. , the environmental analysis firm and the main defendant , to have the cases tossed from court on statute of limitations grounds failed to meet the legal standard .
“ The statutes of limitations arguments turn on a host of factual disagreements that @ @ @ @ @ @ @ to dismiss case , ” Donato said .
While the legal victory for Kevin McLaughlin , Kevin Abbey and other plaintiffs is significant , the case is by no means over .
It only means the defendants were unsuccessful in getting the cases thrown out at the motion to dismiss phase of the case .
The merits of the case still must be argued , if it gets past the summary judgment phase of the case .
The dispute stems from possible widespread fraud in the $ 1 billion cleanup of the former @ @ @ @ @ @ @ , which operated as a top-secret nuclear test site from 1946 to 1969 and a place where ships returning from hydrogen bomb tests were decontaminated .
Both functions could lead to significant radioactive contamination .
After whistleblowers came forward with accusations that Tetra Tech falsified reports during a six-year cleanup project , the Environmental Protection Agency released an audit finding that 90 % to 97 % of soil samples in two areas of the site were potentially compromised or intentionally falsified .
Tetra Tech was paid more than $ 250 million in contracts @ @ @ @ @ @ @ project from 2006 to 2012 , according to the U.S. Navy .
The Pasadena , California-based contractor says the fraudulent conduct was limited to a few rogue employees , and that the whistleblowers , who would receive a portion of any damages award , are motivated by greed .
Despite the legal fallout and the potential for persistent contamination , the city of San Francisco has approved the construction of more than 10,000 houses on the potentially polluted 400-acre parcel .
Thursday ’ s hearings focused on whether two whistleblowers , McLaughlin and @ @ @ @ @ @ @ when they filed their respective whistleblower claims .
Melissa Malstrom , attorney for Tetra Tech , said McLaughlin waited too long to file his claims , exceeding the six-year statute of limitations established in federal law .
“ He left the site in August of 2012 and didn ’ t file claims until 2019 , ” Malstrom said .
“ You can do the math.
” But David Anton , attorney for McLaughlin , said the seven-year time frame is irrelevant since the statute also allows plaintiffs to file claims within three years @ @ @ @ @ @ @ “ The attorney general ’ s office didn ’ t take steps to investigate until around December 2017 , ” Anton said .
“ The entire complaint is timely.
” Kevin Abbey , the plaintiff in a separate but related case , argued similarly that he should not be excluded from pursuing claims due the six-year term , but should be allowed to count from when the government began a material investigation into the matter .
Donato did not rule for one side or the other on the specific matter , but instead @ @ @ @ @ @ @ disputes over the facts , it was inappropriate for the judge to resolve it at the motion to dismiss phase .
Donato routinely chastised the lawyers for reading from notes rather than talking directly to the judge .
“ I know we ’ re on Zoom , but we are still in court , ” he said at one point during the hearing .
“ Talk to me like we are having a conversation .
Having a conversation with the judge is how you win cases.
” The plaintiffs did agree to drop @ @ @ @ @ @ @ charges typically reserved for criminal enterprises like the mafia .
Defendants who are convicted under RICO statutes are liable for paying damages up to three times the normal amount .
Donato said RICO charges were not appropriate for the current case and thanked the plaintiffs for dropping the matter .
McLaughlin said he worked for a subcontractor called Shaw Enterprises , who was hired by Tetra Tech to provide some of the environmental analysis work .
McLaughlin said he was fired after he began to cast doubt on the integrity of the analysis @ @ @ @ @ @ @ Abbey is a former member of the San Francisco Police Department who said he was exposed to radioactive contamination due to the negligence of the U.S. Navy and the fraud perpetrated by Tetra Tech .
Abbey ’ s suit is part of a class action involving other members of the police department .

A federal judge ruled Thursday that plaintiffs could continue their claims against an environmental analysis firm allegedly fudging soil samples to conceal radioactivity at a former Navy test site in the Bayview neighborhood of San Francisco.
(CN) — A federal judge ruled Thursday that plaintiffs could continue their claims against an environmental analysis firm allegedly fudging soil samples to conceal radioactivity at a former Navy test site in the Bayview neighborhood of San Francisco.
U.S. District Judge James Donato said the case could continue as attempts of Tetra Tech EC, an environmental analysis firm and the main defendant, to have the cases tossed from court on statute of limitations grounds failed to meet the legal standard.
“The statutes of limitations arguments turn on a host of factual disagreements that cannot be resolved at the motion to dismiss case,” Donato said.
While the legal victory for Kevin McLaughlin, Kevin Abbey and other plaintiffs is significant, the case is by no means over. It only means the defendants were unsuccessful in getting the cases thrown out at the motion to dismiss phase of the case.
The merits of the case still must be argued, if it gets past the summary judgment phase of the case.
The dispute stems from possible widespread fraud in the $1 billion cleanup of the former Hunters Point Naval Shipyard in San Francisco, which operated as a top-secret radiological test site from 1946 to 1969 and a place where ships returning from hydrogen bomb tests were decontaminated.
Both functions could lead to significant radioactive contamination.
After whistleblowers came forward with accusations that Tetra Tech falsified reports during a six-year cleanup project, the Environmental Protection Agency released a review finding that 90% to 97% of soil samples in two areas of the site were potentially compromised or purposefully falsified.
Tetra Tech was paid more than $250 million in contracts for its work on the Hunters Point project from 2006 to 2012, according to the U.S. Navy.
The contractor says the fraudulent conduct was limited to a few rogue employees, and that the whistleblowers, who would receive a portion of any damages award, are motivated by greed.
Despite the legal fallout and the potential for persistent contamination, the city of San Francisco has approved the construction of more than 10,000 houses on the potentially polluted 400-acre parcel.
Thursday’s hearings focused on whether plaintiffs in two cases, McLaughlin and Abbey, violated the statute of limitations when they filed their respective whistleblower claims.
Melissa Malstrom, attorney for Tetra Tech, said McLaughlin waited too long to file his claims, exceeding the six-year statute of limitations established in federal law.
“He left the site in August of 2012 and didn’t file claims until 2019,” Malstrom said. “You can do the math.”
But David Anton, attorney for McLaughlin, said the seven-year time frame is irrelevant since the statute also allows plaintiffs to file claims within three years of finding out about possible malfeasance.
“The attorney general’s office didn’t take steps to investigate until around December 2017,” Anton said. “The entire complaint is timely.”
Kevin Abbey, the plaintiff in a separate but related case, argued similarly that he should not be excluded from pursuing claims due the six-year term, but should be allowed to count from when the government began a material investigation into the matter.
Donato did not rule for one side or the other on the specific matter, but instead said because the dispute was over material disputes over the facts, it was inappropriate for the judge to resolve it at the motion to dismiss phase.
Donato routinely chastised the lawyers for reading from notes rather than talking directly to the judge.
“I know we’re on Zoom, but we are still in court,” he said at one point during the hearing. “Talk to me like we are having a conversation. Having a conversation with the judge is how you win cases.”
The plaintiffs did agree to drop any RICO charges, which are racketeering charges typically reserved for criminal enterprises like the mafia. Defendants who are convicted under RICO statutes are liable for paying damages up to three times the normal amount.
Donato said RICO charges were not appropriate for the current case and thanked the plaintiffs for dropping the matter.
McLaughlin said he worked for a subcontractor called Shaw Enterprises, who was hired by Tetra Tech to provide some of the environmental analysis work. McLaughlin said he was fired after he began to cast doubt on the integrity of the analysis performed at the former naval base.
Abbey is a former member of the San Francisco Police Department who claims he was exposed to radioactive contamination due to the negligence of the U.S. Navy and the fraud perpetrated by Tetra Tech.
Abbey’s suit is part of a class action involving other members of the police department.


Wrongful Conviction

BALTIMORE — The family of a man exonerated after serving 17 years for murder can not demand the Baltimore police @ @ @ @ @ files .
The likely benefit of the information in the files is outweighed by the @ @ @ @ @


Hip-Hop Defamation

PHILADELPHIA — A federal judge denied the Meek Mill documentary makers ’ motion to dismiss a former police officer ’ @ @ @ @ @ wrongly portrayed as a “ dirty and dishonest cop ” in the documentary “ Free @ @ @ @ @ alleges the documentary defamed her by displaying her image on the screen while commentators talk @ @ @ @


Warrantless Search

NEW ORLEANS — The Fifth Circuit upheld the grant of immunity to a Texas Medical Board investigator who seized appointment @ @ @ @ @ at a doctor ’ s office without a warrant .
The investigator ’ s search @ @ @ @ @ she was investigating a complaint that the doctor was operating an unregistered pain management clinic @


Manafort Fraud

NEW YORK — A New York state appeals court affirmed the dismissal of Paul Manafort ’ s state mortgage fraud @ @ @ @ @ , as the ex-Trump campaign chairman serves time for the same federal charges in Virginia @


courthousenews--2020-10-23--Portland Police Claim Near-Daily Force Doesn’t Violate Court Order

PORTLAND , Ore. ( CN ) — Despite months of daily protests marked by the copious tear gas and rubber bullets , and a court order limiting “ less lethal ” weapons , Portland police haven ’ t had a training on the weapons in almost a year , police commanders testified on Thursday .
Protesters clashed with police on Thursday — this time inside the courthouse where they have often faced off during nearly five straight months of protests against police brutality and racial injustice .
Over two days of testimony , witnesses and attorneys argued over when police @ @ @ @ @ @ @ a crowd control method — one of the questions at issue in the protests .
City attorneys claimed that the near-daily use of force by police against protesters doesn ’ t violate a court order to use less-lethal munitions like rubber bullets only in life-threatening situations .
Police justified their use of a multitude of so-called less lethal weapons , like tear gas , pepper spray and paintballs , claiming they only used the weapons when they were facing direct threats of assault from protesters .
But several people the police had shot @ @ @ @ @ @ @ such intent and were simply there to voice resistance to police brutality or to document the protests .
Protesters and activist group Don ’ t Shoot Portland sued the city in June , just one week after protests ignited across the country when Minneapolis police killed George Floyd by kneeling on his neck for nearly nine minutes .
Police responded to the protests “ with indiscriminate , unchecked , and unconstitutional violence against protesters , ” according to the lawsuit .
In particular , the plaintiffs objected to the use of tear gas @ @ @ @ @ @ @ Judge Marco Hernandez signed a temporary restraining order on June 26 , ordering police to follow their own rules on using “ less lethal ” munitions and prohibiting their use against people engaged in passive resistance .
Hernandez added that police may only use rubber bullets “ when the lives or safety of the public or the police are at risk.
” But the protesters behind the lawsuit claimed police immediately violated the restraining order and asked Hernandez to hold the city in contempt of court .
At this week ’ s hearing @ @ @ @ @ @ @ a June 30 action outside the police union building in North Portland , as a “ snapshot ” of the type of violations they said were ongoing and escalating over time — and as a night that was well-documented by video footage .
“ We believe the city has been violating this court ’ s order since the day the court issued it on June 26 , ” attorney Franz Bruggemeier told Judge Hernandez , “ but we didn ’ t think the court wanted to have a three-week hearing where we go @ @ @ @ @ @ @ brutal violations.
” Portland Police Captain Anthony Passadore testified on Wednesday that he read Hernanzez ’ temporary restraining order aloud over a radio frequency heard by all officers on duty that night .
But Zachary Domka , a lead trainer for the Portland Police Bureau and assistant squad leader for the rapid response teams that often face off with protesters , said Thursday that Portland police haven ’ t had training on the use of less lethal weapons since last November .
And Officer Brett Taylor said he fired between 40 to 60 @ @ @ @ @ @ @ — a type of grenade launcher that he uses to shoot rubber bullets , paintballs and munitions containing pepper powder .
Taylor said one of the main reasons he fired shots that night was out of fear that protesters might toss the very weapons police had deployed back at the cops .
“ I ’ ve had the unfortunate opportunity to have dozens of these canisters thrown at me , ” Taylor said , referring to a tear gas canister .
“ They ’ re heavy , they ’ re extremely hot , @ @ @ @ @ @ @ In one instance that night , Taylor said he shot from his launcher at a protester in roller skates who had fallen to the ground , explaining that he did so because he didn ’ t want her to get hurt .
“ I know that a pile of officers on top of an individual attempting arrest is far more dangerous than the injuries a FN303 poses.
” Attorneys described multiple instances on June 30 where police shot or sprayed protesters with less lethal munitions not to prevent an assault , but as @ @ @ @ @ @ @ hadn ’ t shown they were about to assault police , or after a protester had acted — which attorneys said was tantamount to extrajudicial punishment .
Protester Matthew Cleinman described being in the front of the crowd that night when a line of police advanced , yelling at protesters to move back .
Cleinman described moving slowly with the crowd when a police officer shoved him with a baton and then pepper sprayed him .
“ It ’ s similar to being in a car collision , ” Cleinman testified Wednesday .
@ @ @ @ @ @ @ everything goes blank — where you don ’ t have any senses — and then everything comes back .
This is all over the course of a few seconds , but then you realize : Oh , I ’ m at a protest .
An officer just shoved me with a baton and I just got pepper sprayed.
” Hernandez ’ order protects protesters from police force when they are engaged in passive resistance .
But city attorney J. Scott Moede questioned Cleinman about his compliance with police orders to disperse .
“ @ @ @ @ @ @ @ ” Moede said .
“ I believe that my chanting on the street was OK and I was going to keep doing that , ” Cleinman replied .
Minutes later , police had unleashed copious clouds of tear gas on protesters .
Protester Pedro Anglada Cordero testified that he kicked away one canister of tear gas .
“ We were not engaging in any kind of violence , ” Anglada Cordero said .
“ But we ’ re in a pandemic and I know tear gas is harmful .
And I see my @ @ @ @ @ @ @ from the tear gas .
So when a canister came my way , I kicked it away from me.
” For that , police shot him twice with rubber bullets .
Anglada Cordero said one of those wounds , on the back of his knee , remained swollen “ like a baseball ” for weeks .
And Eric Greatwood , a disabled veteran of the U.S. Airforce who regularly livestreams the protests , said he was bending down that night to examine a smoke canister police had tossed when they shot him in @ @ @ @ @ @ @ “ It was overwhelming pain , ” Greatwood said .
“ I didn ’ t know where I was .
I couldn ’ t see and it felt like my eyes were going to pop out of my head.
” Bruggemeier , the attorney for the protesters , said such incidents of excessive force show why the protests are happening in the first place .
“ Despite all these violations , there are still hundreds of people who come out at night to demand changes to policing , ” Bruggemeier said .
“ @ @ @ @ @ @ @ police .
What we ’ re seeing in these violations of the court order is extrajudicial punishment .
Because of their prejudice , police are not using force in a lawful way .
They are not protecting anyone ’ s safety.
” Hernandez said he will review videos and documentation of the night to determine exactly what he thinks happened in each instance .
He didn ’ t say how soon he would issue a ruling .

Despite months of daily protests marked by the copious tear gas and rubber bullets, and a court order limiting “less lethal” weapons, Portland police haven’t had a training on the weapons in almost a year, police commanders testified on Thursday.
PORTLAND, Ore. (CN) — Despite months of daily protests marked by the copious tear gas and rubber bullets, and a court order limiting “less lethal” weapons, Portland police haven’t had a training on the weapons in almost a year, police commanders testified on Thursday.
Protesters clashed with police on Thursday — this time inside the courthouse where they have often faced off during nearly five straight months of protests against police brutality and racial injustice.
Over two days of testimony, witnesses and attorneys argued over when police should be allowed to use violence as a crowd control method — one of the questions at issue in the protests.
City attorneys claimed that the near-daily use of force by police against protesters doesn't violate a court order to use less-lethal munitions like rubber bullets only in life-threatening situations.
Police justified their use of a multitude of so-called less lethal weapons, like tear gas, pepper spray and paintballs, claiming they only used the weapons when they were facing direct threats of assault from protesters.
But several people the police had shot or gassed testified that they had no such intent and were simply there to voice resistance to police brutality or to document the protests.
Protesters and activist group Don’t Shoot Portland sued the city in June, just one week after protests ignited across the country when Minneapolis police killed George Floyd by kneeling on his neck for nearly nine minutes.
Police responded to the protests “with indiscriminate, unchecked, and unconstitutional violence against protesters,” according to the lawsuit. In particular, the plaintiffs objected to the use of tear gas during the Covid-19 pandemic.
U.S. District Judge Marco Hernandez signed a temporary restraining order on June 26, ordering police to follow their own rules on using “less lethal” munitions and prohibiting their use against people engaged in passive resistance. Hernandez added that police may only use rubber bullets “when the lives or safety of the public or the police are at risk.”
But the protesters behind the lawsuit claimed police immediately violated the restraining order and asked Hernandez to hold the city in contempt of court.
At this week’s hearing, attorneys for the protesters focused on a June 30 action outside the police union building in North Portland, as a “snapshot” of the type of violations they said were ongoing and escalating over time — and as a night that was well-documented by video footage.
“We believe the city has been violating this court’s order since the day the court issued it on June 26,” attorney Franz Bruggemeier told Judge Hernandez, “but we didn’t think the court wanted to have a three-week hearing where we go through four months of ongoing and fairly brutal violations.”
Portland Police Captain Anthony Passadore testified on Wednesday that he read Hernanzez’ temporary restraining order aloud over a radio frequency heard by all officers on duty that night.
But Zachary Domka, a lead trainer for the Portland Police Bureau and assistant squad leader for the rapid response teams that often face off with protesters, said Thursday that Portland police haven’t had training on the use of less lethal weapons since last November.
And Officer Brett Taylor said he fired between 40 to 60 rounds on June 30 from his FN303 — a type of grenade launcher that he uses to shoot rubber bullets, paintballs and munitions containing pepper powder. Taylor said one of the main reasons he fired shots that night was out of fear that protesters might toss the very weapons police had deployed back at the cops.
“I’ve had the unfortunate opportunity to have dozens of these canisters thrown at me,” Taylor said, referring to a tear gas canister. “They’re heavy, they’re extremely hot, they’re a great danger.”


courthousenews--2020-10-23--Biden Slams Trump Over Coronavirus, Taxes in Final Debate

NASHVILLE , Tenn. ( CN ) — Presidential candidates Donald Trump and Joe Biden sparred Thursday night in Nashville , making their pitches to American voters 11 days before many will head to the polls .
While the first debate featured a chaotic fight , Thursday ’ s event , moderated by NBC White House correspondent Kristen Welker , was a largely orderly back-and-forth through some of the candidates ’ positions .
Among their statements , Trump claimed a vaccine for Covid-19 would be announced in a few weeks and Biden said he plans to stop subsidies from flowing to @ @ @ @ @ @ @ .
Before the debate , the Trump campaign said the president would focus on rebuilding the economy and go after Biden for what he said are Biden ’ s connections with China .
TJ Ducklo , spokesman for the Biden campaign , told Courthouse News before the event that Biden intended to speak directly to the American people about issues such as getting the virus under control and protecting preexisting conditions .
The accusations Trump intends to levy against the former vice president , Ducklo said , are tired accusations that the president @ @ @ @ @ @ @ at Belmont University ’ s Curb Event Center , a building that can hold 5,500 people , but because of Covid-19 protocols , only 200 people were in the hall .
Many attendees of the event wore blue bands on their wrists , showing they tested negative for Covid-19 before entering the debate area .
In the morning , a small plane circled the city towing a banner : “ Unborn Black Lives Matter , ” it read and showed a picture that appeared to be an aborted fetus .
The civility of @ @ @ @ @ @ @ a tweak in debate rules that gave each candidate two minutes to answer a question while their opponent ’ s mic sat muted .
The result was the kind of debate John Koch was looking for .
The director of Debate at neighboring Vanderbilt University said the change gave voters the ability to make more informed decisions about the candidates .
“ Tonight , we did increase knowledge about the candidates and the issues , ” Koch told Courthouse News after the debate .
“ I think the mute function worked the way @ @ @ @ @ @ @ them some uninterrupted time to explain their positions and their records.
” It gave Biden the opportunity to explain his plans for tackling Covid-19 and health care , according to Koch .
At the same time , it allowed Trump to highlight some of Biden ’ s record .
And that was due in part to Welker , Koch said , who probably sacrificed some of the questions she wanted to ask in order to let the candidates engage , yet pushed them along when the exchanges yielded little information .
“ One @ @ @ @ @ @ @ moderators is that they shut down when engagement is happening .
I thought she did a really good job letting natural engagement play out , give them time to offer rebuttal back and forth , ” Koch said .
In the same week that the debate came together , a perimeter fence ringed the debate hall and dogs sniffed the bags and packages entering the area , three Nashville-area hospitals issued a joint statement urging local residents to take more precautions against the coronavirus .
Over the last two weeks , cases of @ @ @ @ @ @ @ % .
Hospitalizations for Covid-19 rose 40 % , affecting the ability for local hospitals to handle other health needs .
In this 11th hour of the race , Biden leads against the incumbent president in national polls .
Real Clear Politics average polling shows Biden leading the race by 7.9 % , based on polls conducted in the last few days .
And voters , according to the results of a poll Pew Research Center released Tuesday , tend to say they trust Biden in uniting a divided country , tackling the @ @ @ @ @ @ @ the U.S. Supreme Court .
Anheuser-Busch Foundation , which has helped sponsor the presidential debates for 24 years , had an eight-ounce bottle of hand sanitizer and a black mask — both branded with its eagle and ‘ A ’ logo — placed at each workstation in the media filing center .
In her first question , Welker asked about the “ dangerous new phase ” in the pandemic as it heads to the winter months .
How , Welker asked , will the candidates lead the country in the new phase ?
@ @ @ @ @ @ @ we ’ re fighting it hard , ” Trump said , noting it ’ s a world-wide pandemic , yet the spikes in cases in Florida , Texas and Arizona are no more .
Trump said a vaccine to Covid-19 will be announced soon .
“ It ’ s going to be announced within weeks , ” Trump said of a vaccine for Covid-19 .
He is immune from the virus , Trump said , adding that he learned a lot from contracting the virus .
“ We ’ re rounding the turn @ @ @ @ @ @ @ .
It ’ s going away , ” he said .
Biden , responding to the question and looking directly at the camera , said anyone responsible for the amount of death due to Covid — about 1,000 deaths a day — should not remain in office .
Biden held up the black mask he wore walking onto the blue debate stage .
The policies he would advocate for is wearing the mask all the time and rapid testing .
When Welker asked Trump what companies are close to developing a vaccine , @ @ @ @ @ @ @ .
Trump said that he ’ s relying on the military for distribution of the vaccine .
Biden said the nation is heading to a “ dark winter ” under Trump ’ s leadership .
“ We can ’ t lock ourselves up in a basement like Joe does , ” Trump rejoined , which caused a chuckle from Biden .
Pivoting to national security , Welker asked about the news that broke this week about countries like Iran obtaining voter registration information and sent threatening messages to Florida voters .
“ They @ @ @ @ @ @ @ elected , ” Biden said .
The president , Biden said , has not spoken about this issue .
In an apparent effort to head off the accusations regarding Joe Biden ’ s son , Hunter Biden , that was provided by former New York City Mayor and Trump associate Rudy Giuliani was used as a Russian pawn .
Trump accused Biden of obtaining millions of dollars from Russia .
“ Nobody is tougher than me on Russia , ” Trump said .
But Biden insisted he has “ not taken a single @ @ @ @ @ @ @ In addition , he released 22 years of tax returns while Trump has not released a single year , Biden said .
Trump responded he would release them as soon as he can .
The president claimed he was treated worse by the IRS than the Tea Party , alluding to a scandal where the IRS scrutinized groups associated with the conservative Tea Party movement .
Eventually , Biden said the election was not about Trump ’ s family nor Biden ’ s family but the family of the viewer at home .
@ @ @ @ @ @ @ talk .
Trump said he did not think that North Korea ’ s development of a new intercontinental ballistic missile was a stab in the back from the country ’ s leader , Kim Jong-un , because war has not broken out and relationships with foreign leaders is a good thing .
“ We had a good relationship with Hitler before he , in fact , invaded Europe , the rest of Europe .
Come on , ” Biden retorted .
Pivoting to a discussion on race in America , Welker brought up @ @ @ @ @ @ @ families have with their children , that they may be detained by police because of heightened scrutiny because of the color of their skin .
Speaking first , Biden described how Black parents need to tell their children not to reach for the glove box during a traffic stop and not to flip the hood of a hoodie while walking .
Biden said he believes there is institutional racism in the nation , yet there is a right to be free from violence .
Welker asked the same of Trump , she reminded @ @ @ @ @ @ @ his comments to those parents .
Trump turned his attention to the former senator ’ s legacy .
Trump said Biden wrought so much harm in the Black community with the passage of his crime bill in the 90s , which rode along on terms such as ‘ super predators ’ and led to mass incarceration of Black males .
Trump mentioned Republican Senator Tim Scott ’ s idea for opportunity zones that has helped Black communities , while also mentioning Historically Black Colleges and Universities .
But Biden said Trump has pushed @ @ @ @ @ @ @ Park Five and said that the government should incarcerate more people .
The Obama administration commuted thousands of sentences , Biden said , while the Trump has only commuted a handful .
“ You were there just a short time ago and you did nothing , ” Trump responded .
Trump said Biden did nothing four years ago and if the Obama administration did a good job , Trump would have never thrown his hat in the ring for the office .
“ I ran because of you , ” Trump said to @ @ @ @ @ @ @ explain his opinion about the group Black Lives Matter , how he said it was a symbol of hatred , Trump said his first experience with the group is when they were marching and chanting about pigs — referencing police officers — how they should be fried .
“ I ’ m the least racist person in this room , ” Trump said .
“ This guy is a dog whistle as big as a fog horn ” Biden said , rebutting the president and referring to Trump telling the white nationalist Proud @ @ @ @ @ @ @ stand by ” in their previous debate .
Biden said that the crime bill he helped pass was a mistake .
He is trying to change it , he said , especially the provisions regarding cocaine .
Biden proposed that he ’ d offer money to states to change their laws to eliminate mandatory minimums .
When it came to the topic of climate change , Trump said the nation has had the best carbon emission numbers in three decades .
Responding to a question about Black families living in areas of the @ @ @ @ @ @ @ that despite rolling back environmental regulations , those families are employed at great rates .
He claimed he saved the oil industry by getting countries like Russia and Saudi Arabia to cut back , pointing to low gas prices .
Biden , meanwhile , said the nation was nearing the “ point of no return ” in a few years in regards to climate change .
He proposed investing in charging stations to boost the electric car market and to retrofit homes to make them energy efficient .
Biden said he wants to @ @ @ @ @ @ @ industry and cut back on the oil subsidies over time .
“ We have to move towards a net zero emissions , ” Biden said .
Wrapping up the debate , Welker asked each candidate to imagine that it was January 2021 — Inauguration Day .
What would they say to the Americans that did not vote for them ?
Trump said he wanted to restore the economy the way it was before the pandemic .
“ Success is going to bring us together ” Trump said .
A Biden administration , he @ @ @ @ @ @ @ and American ’ s retirement plans “ going to hell.
” “ What is on the ballot here is the character of this country , ” Biden said .

Presidential candidates Donald Trump and Joe Biden sparred Thursday night in Nashville, making their pitches to American voters 11 days before many will head to the polls.
NASHVILLE, Tenn. (CN) — Presidential candidates Donald Trump and Joe Biden sparred Thursday night in Nashville, making their pitches to American voters 11 days before many will head to the polls.
While the first debate featured a chaotic fight, Thursday's event, moderated by NBC White House correspondent Kristen Welker, was a largely orderly back-and-forth through some of the candidates’ positions.
Among their statements, Trump claimed a vaccine for Covid-19 would be announced in a few weeks and Biden said he plans to stop subsidies from flowing to the oil industry to eventually shutter it.
Before the debate, the Trump campaign said the president would focus on rebuilding the economy and go after Biden for what he said are Biden’s connections with China.
TJ Ducklo, spokesman for the Biden campaign, told Courthouse News before the event that Biden intended to speak directly to the American people about issues such as getting the virus under control and protecting preexisting conditions.
The accusations Trump intends to levy against the former vice president, Ducklo said, are tired accusations that the president has launched before.
The candidates faced-off at Belmont University’s Curb Event Center, a building that can hold 5,500 people, but because of Covid-19 protocols, only 200 people were in the hall.
Many attendees of the event wore blue bands on their wrists, showing they tested negative for Covid-19 before entering the debate area. In the morning, a small plane circled the city towing a banner: “Unborn Black Lives Matter,” it read and showed a picture that appeared to be an aborted fetus.
The civility of Thursday’s debate came because of a tweak in debate rules that gave each candidate two minutes to answer a question while their opponent's mic sat muted.
The result was the kind of debate John Koch was looking for. The director of Debate at neighboring Vanderbilt University said the change gave voters the ability to make more informed decisions about the candidates.
"Tonight, we did increase knowledge about the candidates and the issues," Koch told Courthouse News after the debate. "I think the mute function worked the way it was supposed to — to give them some uninterrupted time to explain their positions and their records."
It gave Biden the opportunity to explain his plans for tackling Covid-19 and health care, according to Koch. At the same time, it allowed Trump to highlight some of Biden's record.
And that was due in part to Welker, Koch said, who probably sacrificed some of the questions she wanted to ask in order to let the candidates engage, yet pushed them along when the exchanges yielded little information.
"One of the complaints I often make about moderators is that they shut down when engagement is happening. I thought she did a really good job letting natural engagement play out, give them time to offer rebuttal back and forth," Koch said.
In the same week that the debate came together, a perimeter fence ringed the debate hall and dogs sniffed the bags and packages entering the area, three Nashville-area hospitals issued a joint statement urging local residents to take more precautions against the coronavirus.
Over the last two weeks, cases of Covid-19 in the Nashville area increased 50%. Hospitalizations for Covid-19 rose 40%, affecting the ability for local hospitals to handle other health needs.
In this 11th hour of the race, Biden leads against the incumbent president in national polls. Real Clear Politics average polling shows Biden leading the race by 7.9%, based on polls conducted in the last few days.
And voters, according to the results of a poll Pew Research Center released Tuesday, tend to say they trust Biden in uniting a divided country, tackling the Covid-19 pandemic and filling future vacancies on the U.S. Supreme Court.


courthousenews--2020-10-23--Walmart Sues Feds in Pre-Emptive Move Over Opioid Prescriptions

SHERMAN , Texas ( CN ) — Walmart preemptively sued the federal government Thursday , claiming its pharmacists are being forced by federal guidance to not fulfill valid opioid prescriptions and risk lawsuits for interfering with doctor-patient relationships .
The retail giant sued the Justice Department and the U.S. Drug Enforcement Administration in federal court , seeking a declaration that the Controlled Substances Act does not require pharmacists to “ second-guess ” a licensed doctor ’ s prescription .
Walmart claims it is suing under threat of being sued itself by the Trump administration in civil court for not following @ @ @ @ @ @ @ for handling opioid prescriptions .
It says the expectations contradict state pharmacy and medical practice laws and forces Walmart pharmacists to risk rejecting a prescription without the benefit of a medical license or examining the patient .
“ On the one hand , a pharmacist who fills the facially valid opioid prescription risks federal investigation , civil liability , or even criminal prosecution should DOJ and DEA claim in hindsight that a prescription that pharmacist believed was valid should not have been filed , ” the 54-page complaint states .
“ On the @ @ @ @ @ @ @ to fill such a prescription risks having her license stripped for the unauthorized practice of medicine , not to mention potential harm to patients in need of their medicine.
” Walmart says the company and its pharmacists have already faced state investigations and lawsuits for rejecting “ hundreds of thousands of problematic opioid prescriptions ” and blocking thousands of “ concerning ” physicians prescribing opioids .
“ And DOJ now has stated it will sue Walmart for not going far enough by continuing to fill opioid prescriptions of certain licensed doctors – many @ @ @ @ @ @ @ to prescribe opioids to this day , ” the complaint states .
“ DOJ ’ s legal contentions about the duties of pharmacists and pharmacies can not be found anywhere in the text of the CSA or in any DEA regulation.
” DEA officials declined to comment on the lawsuit , citing a policy of not commenting on ongoing litigation .
The Justice Department did not immediately respond to an email message requesting comment Thursday evening .
Walmart accuses the Justice Department of forcing the company and its pharmacists “ between a rock @ @ @ @ @ @ @ are bringing this lawsuit because there is no federal law requiring pharmacists to interfere in the doctor-patient relationship to the degree DOJ is demanding , and in fact expert federal and state health agencies routinely say it is not allowed and potentially harmful to patients with legitimate medical needs , ” Walmart said in a statement Thursday evening .
“ We need a court to clarify the roles and legal responsibilities of pharmacists and pharmacies in filling opioid prescriptions , ” Walmart ’ s lawsuit comes two days after a West Virginia state @ @ @ @ @ @ @ information about federal and state investigations into its opioid practices to a group of hospitals suing over the company ’ s role in the opioid crisis .
The discovery commissioner in that case — former Kanawha County Circuit Judge Christopher Wilkes — reportedly wrote that Walmart has told at least one other court that the Justice Department ’ s investigation resulted in no criminal indictment .
“ Walmart ’ s inconsistent representations to this court and others concerning the status of the DOJ ’ s criminal investigation into it is concerning , to @ @ @ @ @ @ @ opinion reportedly stated .
The opioid crisis continues to ravage the United States as annual deaths topped 50,000 for the first time in 2019 , according to provisional data from the U.S. Centers for Disease Control and Prevention .
It accounted for the majority of the 71,000 fatal drug overdoses for the year .
Individual states that are reporting opioid overdoses so far in 2020 indicated there are more drug-related deaths during the Covid-19 pandemic , according to the Associated Press .
Purdue Pharma , the bankrupt maker of the popular prescription opioid @ @ @ @ @ @ @ federal charges of fraud and conspiracy .
The company admitted to marketing the drug for ten years to dodgy doctors while falsely claiming an effective anti-diversion program .
No members of the Sackler family — the owners of privately-held Purdue — face criminal charges .

Walmart preemptively sued the federal government Thursday, claiming its pharmacists are being forced by federal guidance to not fulfill valid opioid prescriptions and risk lawsuits for interfering with doctor-patient relationships.
SHERMAN, Texas (CN) — Walmart preemptively sued the federal government Thursday, claiming its pharmacists are being forced by federal guidance to not fulfill valid opioid prescriptions and risk lawsuits for interfering with doctor-patient relationships.
The retail giant sued the Justice Department and the U.S. Drug Enforcement Administration in federal court, seeking a declaration that the Controlled Substances Act does not require pharmacists to “second-guess” a licensed doctor’s prescription.
Walmart claims it is suing under threat of being sued itself by the Trump administration in civil court for not following federal prosecutors’ “unwritten expectations” for handling opioid prescriptions.
It says the expectations contradict state pharmacy and medical practice laws and forces Walmart pharmacists to risk rejecting a prescription without the benefit of a medical license or examining the patient.
“On the one hand, a pharmacist who fills the facially valid opioid prescription risks federal investigation, civil liability, or even criminal prosecution should DOJ and DEA claim in hindsight that a prescription that pharmacist believed was valid should not have been filed,” the 54-page complaint states. “On the other hand, a pharmacist who refuses to fill such a prescription risks having her license stripped for the unauthorized practice of medicine, not to mention potential harm to patients in need of their medicine.”
Walmart says the company and its pharmacists have already faced state investigations and lawsuits for rejecting “hundreds of thousands of problematic opioid prescriptions” and blocking thousands of “concerning” physicians prescribing opioids.
“And DOJ now has stated it will sue Walmart for not going far enough by continuing to fill opioid prescriptions of certain licensed doctors – many of whom are still authorized by DEA to prescribe opioids to this day,” the complaint states. “DOJ’s legal contentions about the duties of pharmacists and pharmacies cannot be found anywhere in the text of the CSA or in any DEA regulation.”
DEA officials declined to comment on the lawsuit, citing a policy of not commenting on ongoing litigation. The Justice Department did not immediately respond to an email message requesting comment Thursday evening.
Walmart accuses the Justice Department of forcing the company and its pharmacists “between a rock and a hard place.”
“We are bringing this lawsuit because there is no federal law requiring pharmacists to interfere in the doctor-patient relationship to the degree DOJ is demanding, and in fact expert federal and state health agencies routinely say it is not allowed and potentially harmful to patients with legitimate medical needs,” Walmart said in a statement Thursday evening. “We need a court to clarify the roles and legal responsibilities of pharmacists and pharmacies in filling opioid prescriptions,”
Walmart’s lawsuit comes two days after a West Virginia state court ordered the company to hand over information about federal and state investigations into its opioid practices to a group of hospitals suing over the company’s role in the opioid crisis.
The discovery commissioner in that case — former Kanawha County Circuit Judge Christopher Wilkes — reportedly wrote that Walmart has told at least one other court that the Justice Department’s investigation resulted in no criminal indictment.
“Walmart’s inconsistent representations to this court and others concerning the status of the DOJ’s criminal investigation into it is concerning, to say the least,” Wilkes’ opinion reportedly stated.
The opioid crisis continues to ravage the United States as annual deaths topped 50,000 for the first time in 2019, according to provisional data from the U.S. Centers for Disease Control and Prevention.
It accounted for the majority of the 71,000 fatal drug overdoses for the year. Individual states that are reporting opioid overdoses so far in 2020 indicated there are more drug-related deaths during the Covid-19 pandemic, according to the Associated Press.
Purdue Pharma, the bankrupt maker of the popular prescription opioid OxyContin. pleaded guilty Wednesday to three federal charges of fraud and conspiracy. The company admitted to marketing the drug for ten years to dodgy doctors while falsely claiming an effective anti-diversion program. No members of the Sackler family — the owners of privately-held Purdue — face criminal charges.


courthousenews--2020-10-23--Uber Drivers Sue Over In-App Messages Urging Them to Vote for Prop 22

SAN FRANCISCO ( CN ) — A group of Uber drivers claim they are being subjected to a “ constant barrage ” of in-app messages urging them to support Proposition 22 , a California ballot measure to exempt Uber and other rideshare and delivery companies from having to classify gig workers as employees .
“ This case challenges Uber ’ s wrongful efforts to dictate to its drivers — a captive audience whose members are economically dependent on Uber for their jobs , their pay , and for the timely , favorable , and plentiful ride-sharing assignments that Uber can @ @ @ @ @ @ @ the upcoming election and what they should do to support Uber ’ s Yes on Prop 22 campaign , ” says their class action filed in San Francisco .
The initiative takes aim at Assembly Bill 5 , passed by the California Legislature last year , which classified droves of gig workers as employees and mandated that businesses provide them with health insurance , mandatory minimum wages and other benefits .
Rideshare giants Lyft and Uber fought bitterly against it in court after Attorney General Xaiver Becerra sued in May to force them @ @ @ @ @ @ @ Adding a new sense of urgency to the battle at the ballot box is an appellate court ’ s eleventh-hour ruling upholding a San Francisco judge ’ s order that Uber and Lyft begin classifying its drivers as employees , triggering threats from both companies to pull out of California altogether .
The 70-page ruling released late Thursday found the judge rightly issued an injunction forcing the companies to reclassify its drivers as employees .
The latest order takes effect in 30 days after the case is officially sent back to the trial @ @ @ @ @ @ @ workplace protections takes place on a massive scale , as alleged in this case , it causes public harm over and above the private financial interest of any given individual .
This is particularly true nowadays , with the diminished efficacy of private enforcement of workplace remedies due to the widespread adoption and ready enforceability of contractual arbitration clauses , ” Justice Jon Streeter wrote .
“ The trial court found that rectifying the various forms of irreparable harm shown by the People more strongly serves the public interest than protecting Uber , @ @ @ @ @ @ @ of those who have come to rely on the advantages of online ride-sharing delivered by a business model that does not provide employment benefits to drivers.
” Uber and Lyft , along with food delivery companies Instacart and Doordash , have poured millions into Proposition 22 , which would solidify app-based drivers ’ status as independent contractors .
It also sets limits on the number of hours they can work each day and would offer minimum wages and some health insurance subsidies .
With the fate of their business in the balance , @ @ @ @ @ @ @ with messages about Proposition 22 , urging them to respond to opinion surveys and submit favorable videos to use in its campaign , the lawsuit also claims .
It adds that Uber does not reassure drivers that it will not monitor their answers or favor those who support the measure .
Davis White , Uber ’ s public affairs director in California , blasted the lawsuit in an email to Courthouse News .
“ This is an absurd lawsuit , without merit , filed solely for press attention and without regard for the @ @ @ @ @ @ @ It can ’ t distract from the truth : that the vast majority of drivers support Prop 22 , and have for months , because they know it will improve their lives and protect the way they prefer to work .
“ Today ’ s ruling means that if the voters don ’ t say Yes on Proposition 22 , rideshare drivers will be prevented from continuing to work as independent contractors , putting hundreds of thousands of Californians out of work and likely shutting down ridesharing throughout much of the state .
@ @ @ @ @ @ @ , but the stakes couldn ’ t be higher for drivers — 72 % of whom support Prop .
22 — and for the California economy , where millions of people are jobless and another 158,000 just sought unemployment support this week.
” In an interview , employment attorney David Lowe with Rudy Exerod Zieff & Lowe said Uber ’ s Yes on 22 communications are coercive in multiple ways ; misleading drivers into believing that they will lose their prized work flexibility and be required to re-apply for their existing jobs should @ @ @ @ @ @ @ results of an “ online poll ” solicited in the app , saying “ 72 % of drivers and delivery people have already said they ’ re voting yes on Prop 22.
” “ It ’ s like a dictator saying 98 % of the population voted for me , ” he said .
Uber allegedly tells its drivers that as a consequence of Proposition 22 ’ s failure “ driving jobs would be limited ” and that it will likely rehire only 30 % of its existing workforce .
Lowe said that @ @ @ @ @ @ @ its drivers , one could easily make the inference that a driver ’ s future employment could be tied to their support of the initiative .
“ The clear message is Uber is aware of who is clicking “ Yes I support Prop .
22″ and who is submitting videos on Prop .
22 , ” Lowe said .
“ They have control over who they rehire .
If they only rehire 20-30 percent , the chances of being rehired are higher if Uber knows you support their political position .
It ’ @ @ @ @ @ @ @ their view on the initiative .
They are retaining that information and Uber has the power to discipline employees and take opportunities away from them.
” This may not be true of course , but Lowe said that isn ’ t the point .
“ It doesn ’ t matter whether what Uber is saying is true or not true , or means what it says .
What matters is what Uber is intending , ” he said .
“ If what they ’ re trying to do is convey the impression that @ @ @ @ @ @ @ on whether you are one of the people who respond positively to our requests to you to support Prop .
22 .
They ’ re already economically vulnerable so it doesn ’ t take much to cause that concern.
” That ’ s certainly the effect this messaging has had on driver Hector Castellanos , a plaintiff in the case .
“ Threatening that most of us will lose our jobs if Prop 22 passes is a scare tactic , pure and simple .
It ’ s not right , ” Castellanos said @ @ @ @ @ @ @ constantly asking whether we support Prop 22 .
They make us feel like we have to say ‘ yes.
’ ” The driver plaintiffs are joined by non-profits Worksafe and Chinese Progressive Association .
“ Uber ’ s actions are old-school exploitation , coercing their workforce to support the company ’ s political position .
It ’ s undemocratic and a violation of basic workplace rights , ” said Chinese Progressive Association director Shaw San Liu , in a statement .
Employers have been prohibited in California from interfering with employees ’ political @ @ @ @ @ @ @ labor laws forbid employers from using their economic power — including threatening the loss of employment — to control or influence employees ’ political choices .
The lawsuit demands that the court order Uber to stop peppering drivers with Proposition 22 messages that make false and misleading statements about the consequences of the initiative ’ s failure or passage .
It also asks that Uber be required to inform California drivers that they have the coercion-free right to vote for or against Proposition 22 , or to not vote at all .
An @ @ @ @ @ @ @ less than two weeks left before Election Day .
” We can ’ t control how quickly the court might act but yes we are hopeful there will be a way for the court to address that , ” Lowe said .
He added that the case is not about Proposition 22 or whether drivers are independent contractors , but about coercive employment tactics .
“ It ’ s about Uber taking away its employees ’ freedom to follow their own political viewpoints and try to coerce them into Uber ’ s and @ @ @ @ @ @ @ that , ” he said .

A group of Uber drivers claim they are being subjected to a “constant barrage” of in-app messages urging them to support Proposition 22, a California ballot measure to exempt Uber and other rideshare and delivery companies from having to classify gig workers as employees.
SAN FRANCISCO (CN) — A group of Uber drivers claim they are being subjected to a “constant barrage” of in-app messages urging them to support Proposition 22, a California ballot measure to exempt Uber and other rideshare and delivery companies from having to classify gig workers as employees.
"This case challenges Uber's wrongful efforts to dictate to its drivers — a captive audience whose members are economically dependent on Uber for their jobs, their pay, and for the timely, favorable, and plentiful ride-sharing assignments that Uber can provide — how they should vote in the upcoming election and what they should do to support Uber’s Yes on Prop 22 campaign,” says their class action filed in San Francisco.
The initiative takes aim at Assembly Bill 5, passed by the California Legislature last year, which classified droves of gig workers as employees and mandated that businesses provide them with health insurance, mandatory minimum wages and other benefits.
Rideshare giants Lyft and Uber fought bitterly against it in court after Attorney General Xaiver Becerra sued in May to force them to comply with the new law.
Adding a new sense of urgency to the battle at the ballot box is an appellate court’s eleventh-hour ruling upholding a San Francisco judge’s order that Uber and Lyft begin classifying its drivers as employees, triggering threats from both companies to pull out of California altogether.
The 70-page ruling released late Thursday found the judge rightly issued an injunction forcing the companies to reclassify its drivers as employees. The latest order takes effect in 30 days after the case is officially sent back to the trial court.
“When violation of statutory workplace protections takes place on a massive scale, as alleged in this case, it causes public harm over and above the private financial interest of any given individual. This is particularly true nowadays, with the diminished efficacy of private enforcement of workplace remedies due to the widespread adoption and ready enforceability of contractual arbitration clauses,” Justice Jon Streeter wrote.
“The trial court found that rectifying the various forms of irreparable harm shown by the People more strongly serves the public interest than protecting Uber, Lyft, their shareholders, and all of those who have come to rely on the advantages of online ride-sharing delivered by a business model that does not provide employment benefits to drivers.”
Uber and Lyft, along with food delivery companies Instacart and Doordash, have poured millions into Proposition 22, which would solidify app-based drivers’ status as independent contractors. It also sets limits on the number of hours they can work each day and would offer minimum wages and some health insurance subsidies.
With the fate of their business in the balance, Uber has taken to bombarding its drivers with messages about Proposition 22, urging them to respond to opinion surveys and submit favorable videos to use in its campaign, the lawsuit also claims. It adds that Uber does not reassure drivers that it will not monitor their answers or favor those who support the measure.
Davis White, Uber's public affairs director in California, blasted the lawsuit in an email to Courthouse News.
"This is an absurd lawsuit, without merit, filed solely for press attention and without regard for the facts,” he said. "It can’t distract from the truth: that the vast majority of drivers support Prop 22, and have for months, because they know it will improve their lives and protect the way they prefer to work.
“Today’s ruling means that if the voters don’t say Yes on Proposition 22, rideshare drivers will be prevented from continuing to work as independent contractors, putting hundreds of thousands of Californians out of work and likely shutting down ridesharing throughout much of the state. We’re considering our appeal options, but the stakes couldn’t be higher for drivers — 72% of whom support Prop. 22 — and for the California economy, where millions of people are jobless and another 158,000 just sought unemployment support this week.”


Casino Electricity

LAS VEGAS — Nevada casinos lobbied the state ’ s utilities commission to adopt a rule barring different electricity rates @ @ @ @


Covid Emergency, Oregon


Strip and Desist

SAN DIEGO — A San Diego strip club — freshly reopened after months of being closed by Covid-19 — complains @ @ @ @ @ from the county following a stabbing in its parking lot is unfair .


Banksy Art

VENTURA , Calif. — An art collector accused the owner of the Banksy piece “ Flowers ” of agreeing to @ @ @ @ @ London gallery so the collector could buy it — a deal the owner now says @ @ @ @ @

Banksy's playful take on a famous Impressionist painting has sold at auction for $9.8 million, the second-highest price ever paid for a work by the British street artist.
LONDON (AP) — Banksy's playful take on a famous Impressionist painting has sold at auction for $9.8 million, the second-highest price ever paid for a work by the British street artist.
"Show Me the Monet" sold to an unidentified bidder at Sotheby's in London on Wednesday evening, surpassing its upper pre-sale estimate of 5 million pounds.
In the 2005 work, Banksy added abandoned shopping carts and an orange traffic cone to Claude Monet's image of water lilies in his garden at Giverny.
Alex Branczik, Sotheby's European head of contemporary art, said the work was one of the "strongest and most iconic" Banksy works to appear at auction.
Banksy, whose real name has never been officially confirmed, began his career spray-painting buildings in Bristol, England, and has become one of the world's best-known artists.
Another Banksy work, "Devolved Parliament," sold last year at Sotheby's in London for 9.9 million pounds. Earlier this month, his graffiti-style piece "Forgive Us Our Trespassing" sold for $8.3 million at Sotheby's in Hong Kong.


courthousenews--2020-10-23--California Courts Covid Update

California Courts Covid Update


courthousenews--2020-10-23--Security Company Cancels Plans to Send Armed Guards to Minnesota Polling Places

MINNEAPOLIS ( CN ) — A private security company that said it was seeking former special forces to guard Minnesota polling places has assured authorities the company was only seeking guards for private property and has agreed to stay out of the state for over a year .
Atlas Aegis , a Tennessee-based private security company , made headlines early in October when the Washington Post reported on ads it posted seeking people with special-ops experience to “ protect election polls , local businesses and residences from looting and destruction ” in Minnesota in the weeks surrounding the Nov. 3 @ @ @ @ @ @ @ Tuesday by the League of Women Voters and the Council on American-Islamic Relations in response to the ads .
In an “ assurance of discontinuance ” filed Friday afternoon by Solicitor General Liz Kramer , Atlas Aegis said that it had been hired by a Minnesota security firm only to guard businesses in the event of civil unrest after the election , and agreed not to send anyone to the state to do security work until January 2022 .
A security company , the assurance said , had sought extra manpower to “ @ @ @ @ @ @ @ clients around the date of the general election , ” anticipating potential property damage or danger to employees in the event of civil unrest after the election .
Both the clients and the company remain obscure , although Tuesday ’ s lawsuit seeks to force Atlas Aegis to identify them .
That description of the company ’ s objective diverged significantly from what Atlas Aegis Chairman Anthony Caudle told the Washington Post .
Caudle indicated to the Post that the guards would not be “ standing around and only allowing certain people in @ @ @ @ @ @ @ re there to make sure that the antifas don ’ t try to destroy the election sites.
” President Donald Trump has described antifa as a terror group , a designation broadly refuted by the FBI and other authorities .
The specter of armed , paid militias guarding polling sites , even from a distance , raised the ire of state officials and voting-rights activists .
Attorney General Keith Ellison and Secretary of State Steve Simon were quick to denounce any plans to send guards to polling places .
“ I ’ m @ @ @ @ @ @ @ misstatements about recruiting security for polling places in Minnesota that potentially frightened Minnesota voters .
They won ’ t be doing it again and will not be anywhere in Minnesota before , during , or after Election Day , ” Ellison said in a release announcing the discontinuance .
“ Minnesota and federal law are clear : it is strictly illegal to intimidate or interfere with voters .
I want to make it crystal clear to anyone who is even thinking about intimidating voters that I will not hesitate to enforce the laws @ @ @ @ @ @ @ ” he added .
It ’ s unclear what impact the discontinuance , signed not by Caudle but by Atlas Aegis CEO Barry Wallace , will have on the federal lawsuit .
In that action , CAIR and the League of Women Voters sought an injunction to stop Atlas Aegis from deploying any personnel to polling places and for the court to retain jurisdiction to ensure compliance .
They argued that armed men at the polls would particularly deter Minnesota ’ s Muslim community and other refugee communities .
“ The image of @ @ @ @ @ @ @ traumatic and deleterious to voter participation for people who have recently immigrated to the United States from countries where armed guards at polling stations are a symbol of violence and corruption , ” attorney Julia Klein of local firm Lathrop GPM wrote in their complaint .
She also argued that Caudle ’ s comments on “ antifas ” and on Black Lives Matter pointed to an intent to deter voters based on their political beliefs and race .
The first hearing in that case is still scheduled for the afternoon of Oct. 26 @ @ @ @ @ @ @ letter to Judge Nancy Brasel , a Trump appointee , Atlas Aegis ’ attorney Terrance Moore , of Hellmuth and Johnson , requested an extension in light of the fact that he had been retained three hours after Friday ’ s deadline for a response to the injunction motion .
The League and CAIR did not immediately respond to requests for comment , nor did Atlas Aegis and its attorneys .

A private security company that said it was seeking former special forces to guard Minnesota polling places has assured authorities the company was only seeking guards for private property and has agreed to stay out of the state for over a year.
MINNEAPOLIS (CN) — A private security company that said it was seeking former special forces to guard Minnesota polling places has assured authorities the company was only seeking guards for private property and has agreed to stay out of the state for over a year.
Atlas Aegis, a Tennessee-based private security company, made headlines early in October when the Washington Post reported on ads it posted seeking people with special-ops experience to “protect election polls, local businesses and residences from looting and destruction” in Minnesota in the weeks surrounding the Nov. 3 election.
A federal lawsuit was filed Tuesday by the League of Women Voters and the Council on American-Islamic Relations in response to the ads.
In an “assurance of discontinuance” filed Friday afternoon by Solicitor General Liz Kramer, Atlas Aegis said that it had been hired by a Minnesota security firm only to guard businesses in the event of civil unrest after the election, and agreed not to send anyone to the state to do security work until January 2022.
A security company, the assurance said, had sought extra manpower to “work at the private property of its clients around the date of the general election,” anticipating potential property damage or danger to employees in the event of civil unrest after the election.
Both the clients and the company remain obscure, although Tuesday’s lawsuit seeks to force Atlas Aegis to identify them.
That description of the company’s objective diverged significantly from what Atlas Aegis Chairman Anthony Caudle told the Washington Post. Caudle indicated to the Post that the guards would not be “standing around and only allowing certain people in,” but that “they’re there to make sure that the antifas don’t try to destroy the election sites.”
President Donald Trump has described antifa as a terror group, a designation broadly refuted by the FBI and other authorities.
The specter of armed, paid militias guarding polling sites, even from a distance, raised the ire of state officials and voting-rights activists. Attorney General Keith Ellison and Secretary of State Steve Simon were quick to denounce any plans to send guards to polling places.
“I’m holding Atlas Aegis to account for their misstatements about recruiting security for polling places in Minnesota that potentially frightened Minnesota voters. They won’t be doing it again and will not be anywhere in Minnesota before, during, or after Election Day,” Ellison said in a release announcing the discontinuance.
“Minnesota and federal law are clear: it is strictly illegal to intimidate or interfere with voters. I want to make it crystal clear to anyone who is even thinking about intimidating voters that I will not hesitate to enforce the laws against it to the fullest extent,” he added.
It’s unclear what impact the discontinuance, signed not by Caudle but by Atlas Aegis CEO Barry Wallace, will have on the federal lawsuit. In that action, CAIR and the League of Women Voters sought an injunction to stop Atlas Aegis from deploying any personnel to polling places and for the court to retain jurisdiction to ensure compliance.
They argued that armed men at the polls would particularly deter Minnesota’s Muslim community and other refugee communities.
“The image of armed vigilantes at polling stations is particularly traumatic and deleterious to voter participation for people who have recently immigrated to the United States from countries where armed guards at polling stations are a symbol of violence and corruption,” attorney Julia Klein of local firm Lathrop GPM wrote in their complaint.
She also argued that Caudle’s comments on “antifas” and on Black Lives Matter pointed to an intent to deter voters based on their political beliefs and race.
The first hearing in that case is still scheduled for the afternoon of Oct. 26 as of Friday evening. In a letter to Judge Nancy Brasel, a Trump appointee, Atlas Aegis’ attorney Terrance Moore, of Hellmuth and Johnson, requested an extension in light of the fact that he had been retained three hours after Friday’s deadline for a response to the injunction motion.
The League and CAIR did not immediately respond to requests for comment, nor did Atlas Aegis and its attorneys.