Tag: lawsuits

Maui Fire Victims’ Families Offered Up to $1.5 million in Compensation if They Don’t Sue State Agencies

Over 6 months ago, a devastating wildfire swept through the Maui island town of Lahaina in Hawaii and incinerated much of the surrounding region.

Legal Insurrection readers may recall that a state water official delayed the release of water that landowners wanted to help protect their property from fires because water is to be revered and not used. Additionally, Hawaiian green energy mandates may have led Hawaiian Electric to divert fiscal resources away from fire-prevention practices.

There was also a delayed evacuation order.

A detailed timeline of events describes a series of calls to emergency dispatchers, reporting a fast-spreading fire at 2:55 p.m. Officers soon began evacuating neighboring areas, the report said.

But it does not explore the county’s delay before issuing a broader evacuation alert. The county made a decision not to use its all-hazards siren system and waited until 4:16 p.m. to send a cellphone evacuation alert. That alert was targeted at residential neighborhoods above the Honoapiʻilani Highway.

Fire had already consumed much of the area targeted for evacuation. At the exact time the evacuation alerts were going out, the new timeline shows, officers were reporting that the fire had spread all the way down to the highway and was jumping the road — toward waterfront areas that never received an evacuation alert.

Now, the relatives of fire victims could receive over $1 million in compensation…as long as they choose not to sue state agencies and companies involved.

Keep reading

Everything You Need To Know About Week 1 Of The 2nd Phase Of The #FluorideLawsuit

On January 31st, the second phase of the fluoride lawsuit resumed in San Francisco, California after nearly four years of delays. The proceedings are the latest in an eight-year legal battle between the US Environmental Protection Agency (EPA) and the Fluoride Action Network (FAN). The lawsuit began following the EPA’s 2016 decision to deny the plaintiff’s petition under the Toxic Substances Control Act (TSCA). The FAN is attempting to prove that fluoride is a neurotoxin and should be regulated or banned under the TSCA.

The hearings are scheduled for 9 days from January 31st to February 13th. The Last American Vagabond (TLAV) has been in the courtroom daily to report on the proceedings and interview the various witnesses testifying for the plaintiffs and the defense.

The Plaintiff’s Opening Statement

During his opening statements, Fluoride Action Network lead attorney Michael Connett discussed the U.S. Environmental Protection Agency’s (EPA) standards for hazard assessment.

“The observed hazard is the first type of risk,” Connett stated. “But the challenge of risk assessment is this type of risk is rare. When EPA decided to ban lead we didn’t have observed risk in this area, despite there being harms.”

Connett also stated that it is an “undisputed fact that fluoride passes into the placenta (during pregnancy) and into the fetal brain”, noting that the blood-brain barrier is still developing and this period is considered to be a “critical window of development”.

Connett told the court the EPA will present research which did not conclude fluoride is a neurotoxin. However, Connett stated, the researchers behind the studies are “long time promoters of water fluoridation”. Connett zeroed in on one study in particular which will factor into the final days of the hearing, a study led by Dr. Jesus Ibarluzea titled Prenatal exposure to fluoride and neuropsychological development in early childhood.

This study found that fluoride actually increased IQ for boys by 15 points. Connett said these were “implausible findings” and hinted at the reasons the plaintiffs believe the study is not credible.

Keep reading

Middle schooler kicked out of school for wearing t-shirt saying ‘There are only two genders’ has his day in court: Lawyer blasts school that ‘teaches there are unlimited genders’ for ‘censoring’ youngster

A Massachusetts student who was allegedly kicked out of his school for wearing a t-shirt with words stating that there are only two genders has appeared in court over the ordeal.

Liam Morrison, who is now in the eighth grade, claimed his father had to pick him up from John T. Nichols Jr. Middle School, in March when he refused to change.

His parents filed a federal free speech lawsuit against the town of Middleborough, the previous acting school principal Heather Tucker, the Middleborough School Committee and Middleborough Public Schools superintendent Carolyn J. Lyons.

Morrison appeared at the US Court of Appeals for the 1st Circuit in Boston on Thursday wearing the same controversial ‘there are only two genders’ t-shirt.

He claims that by forcing him to change out of the shirt, the school district was stifling his First Amendment right to free speech and said officials ‘took away my ability to have a different opinion’.

Keep reading

‘Deliberately indifferent’: Jailers ridiculed woman wrongly arrested for DUI after suffering massive brain hemorrhage in crash, lawsuit says

A Washington state woman alleges in a lawsuit she was arrested for a DUI when she was suffering from a medical emergency after a car crash and the nightmare she endured to get immediate treatment led to a lifelong severe traumatic brain injury.

Nicole McClure, 38, alleges in a lawsuit that authorities ridiculed her for being drunk and offered her “another shot” at the Thurston County Jail on March 21, 2022, and only took her to the hospital the next morning after finding her unresponsive in a puddle of urine on the jailhouse floor.

“Dubin Law Group takes Nicole’s injuries and experiences very seriously,” said her attorney, Anne Vankirk, in a statement to Law&Crime. “She is fortunate to still be alive today, but she will never be the same person she was that night. Justice for Nicole is at the forefront of our considerations.”

The lawsuit, alleging negligence, breach of duties, and vicarious liability, names as defendants Thurston County, the jail and Washington State Patrol (WSP). Chris Loftis, a WSP spokesperson, said the agency doesn’t comment on pending litigation. The trooper involved was not disciplined, he said.

The complaint obtained by Law&Crime lays out the allegations that started that March night, when McClure was in a collision as a result of a medical emergency while driving home from work.

Before the crash, a trooper noticed her vehicle was traveling “at a noticeably slow rate of speed.” He approached with lights and sirens, but McClure’s vehicle continued to travel slowly west.

The trooper deactivated his lights and sirens and called for backup. Then McClure’s vehicle collided with the center of a roundabout at a traffic circle in Olympia. The impact disabled her vehicle.

She was arrested at gunpoint and handcuffed and was not given a Breathalyzer or roadside sobriety test, court documents said. Troopers saw that her eyes were bloodshot, and her speech was repetitive and slurred. Her eyelids were tremoring.

“Troopers observed that plaintiff’s behavior was erratic and she had difficulty following very simple instructions,” the complaint said.

She was taken to a hospital, where her blood was drawn, but a trooper made no mention of the crash to medical staff, the lawsuit alleges.

After the hospital visit, McClure was booked into the Thurston County Jail on charges of DUI and felony eluding, court documents said.

Over the next 24 hours, “jail staff made fun of plaintiff and ridiculed her for being a drunk,” court documents said.

“Jail staff offered plaintiff ‘another shot’ but did not get her the basic medical care she desperately needed, or even attempt to complete the booking process,” the documents added.

She was found the next morning unresponsive in a pool of her urine. She couldn’t stand and began vomiting profusely. She was taken to a hospital emergency department a few hours later.

Medical staff quickly took her into surgery. She had part of her skull removed to try to relieve pressure and to save her remaining brain function. She was hospitalized for 17 days.

Court documents said the delay in treatment resulted in sunken brain syndrome, a cranioplasty, and a lifetime of decreased capacity.

She continues to suffer from hemorrhage symptoms and a significant brain injury. She can’t work and will never be the same again, her lawyer said.

Keep reading

Colon cancer patient died after surgical robot burned hole in organs: lawsuit

A grieving widower is suing a medical manufacturer, claiming that its device burned a hole in his wife’s organs during a procedure to treat her colon cancer, eventually leading to her death.

Harvey Sultzer, husband of the late Sandra Sultzer, filed a lawsuit on Feb. 6 against Intuitive Surgical (IS) claiming his wife suffered health complications following a procedure completed by their surgical robot.

Sandra underwent an operation at Baptist Health Boca Raton Regional Hospital in September 2021 to treat her colon cancer using the da Vinci robot, a multi-armed, remote-controlled device, according to the lawsuit.

The device is advertised “to enable precision beyond the limits of the human hand,” being “designed to provide surgeons with natural dexterity while operating through small incisions,” allowing for minimally invasive procedures.

The lawsuit claims that the device burned a hole in her small intestine, which required Sandra to undergo additional medical interventions.

After the procedures, Sandra continued to suffer abdominal pain and had a fever until she died in February 2022 as “a direct and proximate result of the injuries she suffered,” the lawsuit claims.

Keep reading

‘Cruel and unusual’: Daughter of inmate with bipolar disorder who killed self sues prison for failing to provide adequate mental health care

An inmate classified as among the most severely mentally ill killed himself in solitary confinement at a Wisconsin state prison after officials failed to provide adequate mental health care and medications, the man’s daughter alleges in a federal lawsuit filed this week.

Dean Henry Hoffmann, 60, died in June at Waupun Correctional Institution (WCI), a beleaguered facility with chronic inadequate staffing and inmate overcrowding, more than an hour northwest of Milwaukee.

“Every day I fight for some type of change within the system, and I’m hoping that this really drives that home, and something like this — holding them accountable — will lead to change,” Megan Hoffmann Kolb told the Milwaukee Journal Sentinel.

Prison officials declined to comment, citing a policy against commenting on pending litigation, the newspaper reported.

Court documents obtained by Law&Crime outline the events leading up to Hoffmann’s suicide after he was sentenced last February to 28 years in prison after his conviction for assaulting his ex-girlfriend.

Hoffmann had a history of mental illness that included bipolar disorder, schizophrenia, depression, hypothyroidism, diabetes, and anti-social personality disorder, court documents said.

Before his trial, he had been deemed by mental health professionals and the court as being mentally ill but competent to stand trial, even though there was strenuous disagreement, the lawsuit said. In custody, he was categorized as “MH-2A,” the most severe category of mental illness, court documents said.

On April 10, Hoffmann was transferred to WCI with about 30 days of medication. When he went in, the facility had been locked down for safety reasons after some inmates had broken prison rules, court documents said. Because of lockdown restrictions, Hoffmann was never given a psychological exam and had received only some of his prescribed medications, the lawsuit alleges. He had only been able to use the phone twice in the first weeks. Guards unplugged the phone on him mid-conversation in one call.

He asked for medical treatment and showed serious symptoms of mental illness, including severe anxiety, paranoia, pressured speech, poor judgment, poor insight, loss of appetite, weight loss and insomnia, court documents said.

His frustrations mounted on June 20, when he refused to return to his cell after showering, citing “fear of his safety because of threats his cellmate made to him,” the lawsuit said.

When guards ordered him into his cell, he refused. He was handcuffed and escorted into the prison’s Restricted Housing Unit for “a minor incident despite Mr. Hoffmann expressing concerns for his safety.”

While in solitary, Hoffmann began to rapidly deteriorate mentally and physically.

Keep reading

Alabama Cops ‘Violently’ Arrested Two Elderly Women For Taking Care of Feral Cats

In 2022, Wetumpka, Alabama, police violently arrested two elderly women and charged them with a litany of criminal offenses. Their crime? Taking care of stray cats. The pair has now sued the officers, arguing that their arrest and the resulting charges against them were unconstitutional and caused “significant physical and emotional injuries.”

According to the complaint, Mary Alston, who was 60 at the time, often worked with Beverly Roberts who was then 84, to “trap-neuter-return” (TNR) feral cats. TNR is a common strategy of limiting stray cat populations by safely capturing cats, having them spayed or neutered by a veterinary clinic, and releasing or putting them up for adoption. According to their complaint, Roberts and Alston took up this practice because “neither the Humane Society nor any other animal rights organization had the resources to conduct TNR in or around the City of Wetumpka.”

On June 25, 2022, Alston was setting up a trap for a feral cat on local public property when she saw Wetumpka Mayor Jerry Willis drive past, followed by police vehicles. However, within minutes the three police officers who had been trailing Willis turned around and approached Alston. 

According to the complaint, Willis later admitted that after observing Alston, he ordered the police to approach her. Further, the lawsuit alleges that “Willis was angry that Ms. Roberts and Ms. Alston frequently complained, both publicly and to officials at Wetumpka City Hall, that. Willis was failing to enforce laws and ordinances prohibiting the ‘chaining’ of dogs.”

Body camera footage shows one officer telling Alston that someone called about a person feeding feral cats.

“Ya’ll got three cop cars because I’m feeding cats?” Alston said to the officer. “Wow, it’s unbelievable.”

The officers demanded that Alston leave the public property, and then left the scene. However, Shortly after this encounter, Roberts joined Alston. The pair were on public property, and sitting calmly, waiting for a cat they were hoping to trap to arrive. However, the three officers soon returned. This time, the complaint states that they informed Roberts that she would be arrested. When the officers handcuffed Roberts, Alston got out of her car and attempted to speak with the officers.

“The officers ordered Ms. Alston to quit talking and to get in her vehicle. Ms. Alston complied with the officers’ demand to get back into her vehicle but continued to try to speak to the officers,” the complaint states. In response, one of the officers, Brenden Foster responded by grabbing Ms. Alston, jerking her out of her vehicle by force, and then handcuffing her.”

The pair were then taken to a local jail, where they were mistreated further. While in jail, Roberts lost consciousness and hit her head. However, the complaint alleges that an officer who witnessed this did nothing, and she was not given any medical help. When Roberts later asked to make a phone call, she was allegedly told that a call is a “privilege, not a right,” which is in violation of Alabama law.

Ultimately, the pair was charged with “criminal trespass, obstructing governmental operations and disorderly conduct,” according to the complaint. In December 2022, a municipal Judge found the pair guilty and sentenced them to “10 days in jail, suspended, two years supervised probation, and a $50 fine on each charge,” though the charges were later dismissed on appeal.

While their charges were ultimately dismissed, the pair is still suing, arguing that the officers and mayor “directed the unlawful arrest and malicious prosecution of Ms. Roberts and Ms. Alston to retaliate against them for exercising their First Amendment rights to peaceably assemble on public property, engage in expressive conduct…and engage in peaceful political speech.”

Keep reading

Texas Cops Held a Terrified Couple at Gunpoint After Raiding the Wrong House

Tyler Harrington and his wife were asleep in their beds when four Harris County, Texas, Constable Officers burst into their home and held the terrified couple at gunpoint. While the cops eventually realized they were in the wrong house, they didn’t leave without admonishing the couple for keeping their door unlocked.

Harrington has now filed a lawsuit, arguing that the officers’ invasion of his home was an unconstitutional breach of his Fourth Amendment protections against unreasonable search and seizure.

On September 24, 2022, Officer James Lancaster responded to a call from a woman, named “Mrs. H” in the complaint, who said that she heard a knock at her back door. Lancaster spoke to Mrs. H and examined the outside of her property, finding nothing suspicious. 

Mrs. H also told Lancaster that her daughter and her daughter’s boyfriend would arrive to check out the house themselves. Mrs. H then decided to “get in her car and drive around until others came home.” When Mrs. H’s daughter and her boyfriend arrived, another neighbor, named “Mr. S,” called the police to report their truck as suspicious. When talking to dispatchers, Mr. S accidentally gave the wrong address for Mrs. H’s house, reporting Harrington’s address instead.

Soon, two more officers arrived. According to the complaint, Lancaster clearly should have known that dispatch had been given the wrong address. While pointing to Mrs. H’s house, he told the other officers, “That’s the house with the person knocking on the back door, that was the house earlier….I checked the one across the street.” In reference to Harrington’s address, he said he had “never been to this house.”

But the officers decided to enter the Harrington’s home anyway, testing both the front and back doors and finding them unlocked. A fourth officer arrived, and according to the suit, Lancaster told him that they were “waiting on the owner,” despite knowing that it was a different house than the one owned by Mrs. H, where the owner had left and was to return shortly.

Around midnight, two of the officers burst into the Harrington’s home with their guns drawn, shouting “Constable’s Office, come up with your hands out!” Harrington’s wife, whose full name wasn’t identified in the suit, was woken up by the officer’s shouting. She confirmed that she lived at the house, and one of the officers, Jared Lindsay ordered her to get her ID and come to the door.

Around the same time, Lancaster entered the home with his gun drawn, shouting the Spanish phrase for “hands up,” and began searching the home. As the officers held his wife at gunpoint, Tyler Harrington woke up and walked out of the bedroom, at which point the officers began pointing their guns at him as well, shouting questions at the couple. 

Eventually, the officers realized they were at the wrong house but still led the couple back into their own home at gunpoint. After releasing the couple, Lindsay told them that “someone had reported people searching the front and back doors of this house,” adding that the caller had told them the owner was gone. 

Keep reading

Congress pushes bill to let Americans SUE if fake porn images of them are published after Taylor Swift deep fake scandal

A group of lawmakers are stepping in to try and take down Taylor Swift ‘deep fake’ perpetrators with a bill that would allow Americans to sue if fake porn images of them are published. 

Popstar Taylor Swift became the latest target of nonconsensual deepfakes after artificial intelligence generated sexually explicit images of her flooded the internet this week. 

The dozens of graphic images showed Swift in a series of sexual acts while dressed in Kansas City Chief memorabilia after she became a regular at football games to support of her boyfriend Travis Kelce. 

Swift is now considering legal action against the deepfake porn website that posted the images amid calls from fans and even the White House for legislative action to combat the growing issue. 

Lawmakers decided to step in to combat the rise of nonconsensual deepfakes with a new bill that allows victims to take action against fake porn made in their likeness.

The DEFIANCE Act of 2024 was introduced by Senate Judiciary Committee Chairman Dick Durbin, D-Ill., Ranking Member Lindsey Graham, R-S.C., Senator Josh Hawley, R-Mo., and Senator Amy Klobuchar, R-Minn.

Keep reading

Osage Nation’s Victorious War Cry After Judge Rules Wind Farm on Tribal Land Must Be Dismantled: ‘This Is Our Homeland’

The Osage Nation in Oklahoma won a great victory for American property rights last week after a judge ordered the dismantling of a renewable energy wind farm that was erected without permission on their tribal lands.

One of the main reasons the Native American council opposed the wind farm was to protect their mineral rights, not to mention their ability to control their own ancestral homeland.

But the battle has been raging in court for a decade already, as the Osage Nation and its Mineral Council worked to eliminate the facilitates of Osage Wind LLC, Enel Kansas LLC and Enel Green Power North America Inc.

The victory was total. U.S. Court of International Trade Judge Jennifer Choe-Groves ruled in the case in Tulsa last week that the Osage Nation was awarded injunctive relief via “ejectment of the wind turbine farm for continuing trespass,” according to Tulsa World.

The judge ruled that the wind turbine facility constituted “mining” and required a lease from the Osage Nation’s Minerals Council, something the wind farm companies neglected to do when erecting their turbines.

Keep reading