#civil court judge found Covid-19 positive

[newshindiplus]

पटना सिविल कोर्ट के जज मिले कोरोना पॉजिटिव, 1 दिन की बच्ची ने दी Covid-19 को मात

पटना सिविल कोर्ट के जज मिले कोरोना पॉजिटिव, 1 दिन की बच्ची ने दी Covid-19 को मात

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बिहार में 4 डॉक्टर भी कोरोना से संक्रमित पाए गए हैं. (फाइल फोटो) बिहार (Bihar) की राजधानी पटना (Patna) के सिविल काेर्ट (Civil Court) के एक जज काेराेना वायरस (Corona Virus) से संक्रमित हाे गए हैं.

[if-you-fan-a-fire]

”During the pandemic, as jails raced to release incarcerated people because prisons became coronavirus hot spots, many judges nationwide responded by putting those who were being released in electronic ankle monitors that tracked their movements 24 hours a day. Other people were assigned ankle monitors as an alternative to bail as they awaited trial in a backlogged court system that moved online.

Now, early data shows how much the use of electronic ankle monitoring rose nationwide during that time, according to research from Kate Weisburd, a law professor at George Washington University and a former juvenile defender. Researchers are finding that ankle monitors are keeping people connected to the prison system longer than ever, as more remain strapped to the devices for over a year.

“Everyone is looking for ways of getting people out of custody, which obviously is a good thing,” Weisburd said. “But what's happening in some jurisdictions in the adult system is that more and more people are being released on monitors as a response to decarceration.”

In Chicago, the Cook County Sheriff Office's use of ankle monitors for adults who are awaiting trial jumped from 2,600 people in April last year to over 3,500 in December, according to data from the Chicago Appleseed Center for Fair Courts, a research and civil liberties group that advocates to improve court processes and find alternatives to incarceration. Chief Adriana Morales of the sheriff’s office said in a statement that electronic monitoring is always court-ordered and confirmed that during Covid-19 there’s been a “dramatic increase” in orders for them.

Law enforcement departments that use electronic monitoring say the devices are supposed to serve as an alternative to incarceration and help people remain in their community rather than serving time in jail. But interviews with people who have been incarcerated and then placed on ankle monitors and researchers who study recidivism say the surveillance devices hurt people trying to get their life on track after prison and that there’s no evidence the technology is rehabilitative. They often drag adults and youth even deeper into the criminal justice system and sometimes back behind bars.

“I've seen kids incarcerated for technical violations of their prohibition terms with an ankle monitor,” said Cancion Sotorosen, an attorney with the Youth Defender Clinic at the East Bay Community Law Center in Berkeley, California. “Going to the store on the way home, seeing their friends at the park — for all of those technical violations, they can and do go back to jail.”

Law enforcement experts find that ankle monitors seem to work best for a targeted population, like adults who are found to be at high risk to reoffend, said Kelly Mitchell, executive director of the Robina Institute of Criminal Law and Criminal Justice at the University of Minnesota. “But for your average drug and property offenses, it’s not a good use at all.”

Mitchell said electronic monitoring can be helpful from a probation officer’s perspective when keeping track of individuals who have committed more serious offenses or violent crimes but would still benefit from being taken out of the jail system.

“Electronic monitoring can provide a little bit of extra something to monitor that person for a period of time if we decide that we’re ready to give them a chance in the community,” Mitchell said.

Ankle monitors were first developed by social psychologists in the 1960s in an effort to offer positive reinforcement to juvenile offenders. They came into use by the justice system in the 1980s and early 1990s.

While they still offer the upside of an alternative to prison or jail, they have in recent years become the focus of growing skepticism — particularly as their use has widened. Advocates for criminal justice reform say that while ankle monitors may appear preferable for people who hope to get out of jail sooner, they don’t address systemic issues that land so many people behind bars.

“We're not putting resources into their communities to address the issues of violence, to address the issues of unemployment and poverty and structural racism,” said James Kilgore, an author and activist with the Challenging E-Carceration project at the Center for Media Justice. “Instead we’re going to slap this thing on them so we can track them, and we can keep them locked up in their house.”

One minute late

When Evelyn Canal was first placed on probation in high school for charges associated with auto theft, she was given the choice to either be on house arrest with an electronic ankle monitor or return to juvenile hall. The device was secured so tight around her ankle that it cut into her skin, she said, causing lacerations. But Canal couldn’t loosen it. Just like she couldn’t step out of her house to take out the trash without violating her house arrest, she said, which would land her back in juvenile hall.

“All the complaining people are doing about Zoom fatigue and staying in the house and not going outside, imagine being forced to do that by the government,” Canal said.

Canal — who is now 20, based in the Bay Area and in college studying for a business degree — was one of the roughly 10,000 youth who are put on electronic ankle monitoring a year in the state of California, according to a report from the University of California, Berkeley, law school on the use of ankle monitors in the state’s juvenile justice programs. While the use of electronic monitoring is high across California, in Alameda County, where Canal lives, there have been efforts to reform electronic monitoring of juvenile offenders, according to Brian Ford, the assistant chief probation officer of the juvenile division of Alameda County. There are currently 25 young people in the surveillance devices in the county, compared to 51 youths who were assigned the monitors in 2020, he said

The electronic cuff was provided by the Juvenile Justice Center in Alameda County. Canal said she was innocent, but since she refused to turn in others who were responsible, she was incarcerated and then released on house arrest. She noted all of the rules wearers have to follow. Each violation resulted in two more weeks locked up in juvenile hall, she said.

“I got violated for charging my ankle monitor one minute late,” Canal said. “I also got in trouble when my grandma’s house had a fire at 3 in the morning and I had to evacuate. My GPS officer wanted me to turn myself in because I was standing outside my house after the fire. What was I supposed to do?”

In Alameda County, young people on ankle monitors are required to charge them daily between 7 and 9 p.m. They must get permission 48 hours in advance from their probation officer to leave their house or go to non-pre-approved locations, making it difficult to attend after-school activities, pick up extra shifts at work, exercise or go to the drug store for a quick errand.

Alameda County changed its rules in April of last year to no longer charge youth with violations for small infractions of the electronic monitoring rules, said Ford, the probation officer. While he could not comment on Canal’s case, Ford added that electronic monitoring for youth in the county is court-ordered.

In other jurisdictions, the rules are even more strict. For adults in electronic monitors in Chicago, their homes are subject to warrantless searches, and wearers have to submit a written request 72 hours in advance to go anywhere other than pre-approved locations, meaning even stopping for gas can amount to a violation. Copies of the wearer’s pay stubs may need to be submitted to the sheriff’s office, too, according to a copy of the rules obtained by NBC News.

Morales, of the Cook County Sheriff’s Office, said that for minor infractions of the ankle monitor rules, offenders are issued a warning, but a person can be reincarcerated for multiple violations. Morales also said the 72-hour advance request for additional movement is necessary because of the high volume of requests the department has to process from people on ankle monitors.

Pay per day Though electronic monitoring is cheaper for municipalities and states than jail, the cost of the surveillance device is often passed on to the people wearing them. And during the pandemic, when millions of people lost their jobs and unemployment benefits were backlogged, that cost added up.

In at least 30 states, agencies require those who are placed in an electronic monitor to pay between $2 and $20 a day to wear one, not including activation fees that some counties tack on, according to Weisburd’s research. In areas like Baltimore County, Maryland, the hundreds of dollars a month people assigned to ankle monitors awaiting trial were paying as court dates continued to be delayed due to the pandemic became such a burden that the county moved to eliminate ankle monitor fees altogether.

Ankle monitors can be so expensive that some people in the system must choose between paying rent or their electronic monitor fees, according to Kilgore, with Challenging E-Carceration. Those fees are sometimes paid directly to the private companies contracted to provide the ankle monitors by law enforcement. Kilgore also wore an ankle monitor for a year as a condition of his parole.

While the cost of incarceration is higher than the cost of an ankle monitor and being on house arrest for many is a better option than being in jail, in places like Chicago, the majority of people who are on electronic monitoring are awaiting trial and have yet to be convicted. But unlike other jurisdictions, Cook County does not charge offenders.

"People are supposed to have a presumption of innocence," said Patrice James, director of community justice at the Chicago-based Shriver Center on Poverty Law. "But when you put people on electronic monitoring, you’ve not solved the incarceration problem. It just shifts the jail cell to inside our communities, inside our apartment complexes and to our residential blocks."

Technical difficulties Like so many electronics, ankle monitors also don’t always work.

When the electronic monitor senses a violation, whether from not being charged at the right time or when someone steps outside their house at the wrong time, the company running the monitor notifies law enforcement. Then officers may be sent to the wearer’s home or work.

With the dramatic increase of people on ankle monitors during the pandemic in Chicago, local watchdogs say they’re seeing a rise in violations for small infractions. Matthew McLoughlin, an organizer with the Illinois Network for Pretrial Justice, said he’s also seen an increase in more false violations and technical glitches for people whose ankle monitors rely on GPS tracking.

“I was talking to a gentleman who had an escape case because he was late getting home from work and had to charge the monitor. He was in Zoom court when they told him they were filing an escape case against him,” McLoughlin said.

Still, Joseph Russo, a board member of the American Parole and Probation Association, said overall, electronic monitors can be a reliable tool for tracking offenders who need a high level of supervision and they can help link people to crimes. One of the rioters who investigators say broke into the Capitol in January was caught because he was wearing an ankle monitor.

“Some people might be deterred who know their location might be tracked. But we’re not dealing with folks who always apply rational thinking to their behaviors,” Russo said. “There’s countless news reports of people being tracked back to murders and other crimes based on their ankle bracelets.”

Growing Up Evelyn Canal now is a Dream Beyond Bars fellow with Communities United for Restorative Youth Justice, a nonprofit organization that provides support and advocates to end youth incarceration and criminalization in California. She’s working with the group to pass the Juvenile Justice Realignment bill, which determines what will happen to incarcerated youth in California after state facilities are closed by 2023.

She’s also working to advocate for increased funding for California’s Office of Youth and Community Restoration, which she said could have helped her when she was having trouble with her probation officers and her ankle monitor and felt there was nowhere to turn.

From a criminal justice reform perspective, Weisburd, the law professor, said there’s no empirical evidence that the technology is rehabilitative and that “more often than not people are both on monitors and are in custody because they cycle in and out on small violations.”

“Viewing electronic surveillance as an alternative to incarceration furthers and perpetuates a dangerous false binary between incarceration or monitoring and ignores an obvious third option, which is freedom,” she said.

- April Glaser, “Incarcerated at home: The rise of ankle monitors and house arrest during the pandemic.” NBC News. July 5, 2021.

Image is: Evelyn Canal, Dream Beyond Bars fellow and advocate for incarcerated youth, in Oakland, Calif., on June 24. Canal, who was fitted with an ankle monitor while in the juvenile justice system as a youth, recounted what it was like wearing a monitor and now fights for young people's rights while in the system.Peter DaSilva / for NBC News

[jayaugustine]

An Open Letter Regarding Reopening Houses of Worship Amid the COVID-19 Pandemic

TO: Christian Leaders and Concerned Citizens

RE: The Imprudent Rush to Reopen and Re-Occupy Houses of Worship

May 20, 2020

I write this open letter, as a religious leader and former law professor, sharing my sincere concern for how the church’s longstanding racial and socioeconomic divisions have once again manifest within partisan politics. These racial and socioeconomic divisions have created false narratives that embolden certain conservative and majority white, evangelical faith groups to publicly support positions adversely affecting minority communities. Accordingly, considering the empirical data revealed during the ongoing COVID-19 pandemic, and the disproportionately adverse effect the pandemic has had on the African American community,  I write to: (1) debunk the politicization of well-reasoned, governmental shelter-in-place orders; and (2) urge members of populations that are disproportionately vulnerable to refrain from mass, in-person gatherings, including worship experiences, at the current time.    

I offer my opinions, based on my professional and educational experience. In addition to serving as national chaplain and spiritual leader of Alpha Phi Alpha Fraternity, Inc.—the oldest predominately black, intercollegiate fraternity in existence, boasting of past and present leaders like the Reverend Dr. Martin Luther King, Jr., United States Ambassador Andrew Young, and Supreme Court Justice Thurgood Marshall—I also serve as senior pastor of St. Joseph AME Church, a faith community founded in 1869 that has been the spiritual home of some of North Carolina’s most influential citizens, including John Hervey Wheeler, for whom Durham’s United States Courthouse is named, and John C. Merrick, the founder of North Carolina Mutual Life Insurance Company. Well before earning my doctorate at Duke University and serving St. Joseph, I also earned a law degree at Tulane University and spent 15-years as an adjunct law professor. I share these qualifiers to emphasize that my point of analysis is far from a kneejerk reaction. It is instead contemplative, well-informed, and appreciative of the historical divisions that once again manifest within the church, as race and religion engage partisan politics.      

Executive Order 138 and the Legal Matters at Issue

On Saturday, May 16, 2020, U.S. District Judge James C. Dever, III issued a temporary restraining order barring enforcement of North Carolina Governor Roy Cooper’s Executive Order 138’s prohibition against any more than 10-people gathering for indoor worship. The judge’s ruling noted the same standard was not applied to businesses, which were limited to a 50% capacity. In responding favorably to a lawsuit filed by two Baptist churches, a minister, and revival group, the ruling failed to consider the different natures of occupancy and the governor’s inherent power to protect the best interests of North Carolina citizens under the Tenth Amendment’s well-settled police power.    

Governor Cooper took an oath to serve the best interests of North Carolina’s citizens. Notwithstanding his publicly professed faith and open indication of missing in-person church gatherings, his oath requires personal passion be separated from prudent decision making, when the prior can detrimentally affect the latter. Indeed, Governor Cooper had solid reasons for the 10-person limitation, based on his own personal and social experiences, as well as the legal protections rooted in the United States Constitution. As a frequent churchgoer, Cooper is personally aware that spiritual worship (even when social distancing is observed) is far different from retail shopping. The very nature of worship, wherein people seek a closer interaction with the Divine, includes singing, extemporaneous utterances, verbal affirmations of God’s providence, and the preaching of God’s word. Consistent with Cooper’s lament that he doesn’t want churches to become COVID-19 hotshots, his personal experiences and observations evidently suggest ALL OF THE FOREGOING expressions of worship substantially increase the exchange of droplets and potential inhalation of the novel coronavirus. Further, as the state’s chief executive, Cooper’s executive order was rooted in legal authority derived from the Tenth Amendment to the United States Constitution which gives power to the states, as not reserved to the federal government, for the protection, health, and welfare of its citizens. The judge’s injunction so focused on the subterfuge allegations that First Amendment rights were being violated, it neglected to consider that Tenth Amendment protections were being extended.          

The Larger Socially Divisive Issue: a 50-year old Alliance of Partisanship

In writing as a religious leader, my primary concerns are two-fold, insofar as it appears either of two things or a possible combination thereof occurred. First, it is possible that certain majority white, evangelical faith groups have been manipulated by very specific political and business interests that place “profits over people” and so-called liberty over the sanctity of human life. Second, it is also possible that these faith groups, have independently acted in a callus and inconsiderate manner, disregarding both science and the best interests of our most vulnerable populations, by encouraging mass gatherings at houses of worship, crouching any opposition to their advocacy as violative of the First Amendment. Either scenario creates a false narrative wherein governmental actors, including Cooper, are vilified for attempting to protect the sanctity of human life and attacked with an outrageously partisan, anti-American rhetoric emanating from the Trump White House.

 Furthermore, inasmuch as the “Reopen America” alliance—a fusion of conservative political operatives vilifying Democratic leaders—is collaboratively working with majority white, evangelical faith communities, we have seen incarnations of this alliance for more than 50-years. In the wake of the American Civil Rights Movement’s success, Richard Nixon’s 1968 and 1972 presidential campaigns skillfully built a “southern strategy” coalition, deliberately courting white evangelical Christians who became aligned with certain partisan political interests. That alliance was solidified during Ronald Reagan’s successful campaigns of the 1980s. It has also endured in an ultra-partisan fashion, even through the racially divisive rhetoric and governance of Donald Trump. Now, during an unprecedented pandemic that has resulted in so many deaths, disproportionately concentrated in the African American community, the same evangelical/partisan political fusion has vilified Democratic governors, most notably Gretchen Whitmer, in Michigan, and Cooper, in North Carolina.

Rational Thinking Must Prevail Over Angry, Baseless Rhetoric

At St. Joseph, we have assembled a pandemic response team that is relying on science in slowly moving toward facility reoccupancy. We will not reoccupy the church premises prior to a deep cleaning and comprehensive sterilization of the entire facility. Without such precautions, I cannot sincerely act as an ambassador of the Divine and welcome worshipers into a spirit-filled experience. Anything short of first taking all necessary prophylactic precautions is arguably pastoral malpractice and inconsiderate of invited guests. Moreover, it could open the church to potential liability.

Recent news coverage showed that only two weeks after reopening, a Baptist church in Ringgold, Georgia was forced to again close its doors because several families contracted COVID-19. Although the virus spreads equally, given the way it has disproportionately affected the African American community, I strongly encourage all those who fall within vulnerable population groups, including the elderly, to refrain from mass gatherings. Further, given that the Centers for Disease Control has highlighted that many individuals have tested positive for the virus, while remaining asymptomatic and serving as carriers in transmission, I believe it imprudent to rush to reoccupy houses of worship at this time.

Conclusion

The ongoing pandemic has forced us all to adopt “new norms.” Rather than place faithful parishioners in potential danger, I encourage clergy leaders and concerned citizens to use alternative options, including the free technological advancements made available to everyone through social media Web streaming. We have successfully done so at St. Joseph and will continue doing so for the foreseeable future. Moreover, as Alpha Phi Alpha’s national chaplain, I personally lead Alpha’s Word on Wednesday, a mid-week prayer and praise Zoom meeting, with live music, where attendees join from across the United States. In both instances, people are safe and free to worshiping God without the potential of fatal harm.  

 Regardless of what legal rulings come from the courts, I strongly encourage everyone to #StayAtHome and refrain from attending mass worship at this time. You could literally be saving someone’s life.

Yours, in the Master’s Faithful Service,

Reverend Dr. Jonathan C. Augustine

National Chaplain, Alpha Phi Alpha Fraternity, Inc. & Senior Pastor, St. Joseph AME Church

[awesomecooperlove]

News - Canada

"🇨🇦🏛 — CANADIAN COURT CASE AGAINST CV19 RESTRICTIONS - Government defendants attempt to get Rocco Galati's case against COVID restrictions tossed. Government defendants accused the facts of being 'vexatious,' 'scandalous,' 'embarrassing,' 'hard to follow,' and 'consisting of conspiracy theories'

Mr. Galati advised Justice Ross that he can provide the evidence proving Bill Gates funds GAVI and the WHO; Bonnie Henry has ties to Bill Gates and the WHO; Teresa Tam is tied to the WHO; Justin Trudeau paid a billion dollars to Bill Gates; and made many more important points.

The motion to strike was heard on Tuesday May 31, 2022 in the BC Supreme Court.

Commentary:

A COMON PATTERN IN COURT CASES - Another Court COVID-19 restriction related case that the mainstream media will probably ignore. And which government defendants drag in time at try to get dismissed. This has happened in many countries.

Case challenging the constitutionality of the discriminatory vaccine passport and it’s rigid exemption regime. - Defendants requested for a judge to eliminate the proceeding or a portion of it

Back in August 2021, constitutional lawyer Rocco Galati, who was retained by a non-profit organization called Action 4 Canada, filed a 391-page notice of civil claim in B.C.’s Supreme Court. The claim serves as a precursor to a lawsuit pertaining to a broad range of COVID-19 measures and how they were enforced.

Unlike the previous four hearings, which focused on challenging the constitutionality of the province's discriminatory vaccine passport and it’s rigid exemption regime, the fifth case was a battle to see if a lawsuit related to other COVID-19 measures will ever be heard at all.

The motion to strike was heard on Tuesday May 31, 2022 in the BC Supreme Court.

Some of the defendants responded to the claim with a motion to strike, which is a request for a judge to eliminate the proceeding or a portion of it. Lawyer representing the defendants used words like “vexatious,” “scandalous,” “embarrassing,” “hard to follow,” and “consisting of conspiracy theories” to describe the notice of civil claim.

Defendant mr Witten provided no evidence to support his vague allegations and argument that the Statement of Claim was “replete with groundless conspiracy theories, deficient in substance, frivolous, convoluted, scandalous, irrelevant, costly, an embarrassment and an abuse of the court’s process.”

The lawyers representing the additional defendants named in the SOC provided their submissions and it was clear that they also had no argument or evidence to support their reasons for the Motion to Strike.

Lawyer Rocco Galati meticulously provided case law - Evidence proving Bill Gates funds GAVI and the WHO, and several authorities have ties to Gates and the WHO

Rocco meticulously provided case law, Canadian and International, to defend our position as well as facts, supported by evidence, countering the defense’s accusation that the case was founded on “conspiracy theories.”

Mr. Galati not only challenged Mr. Witten for referring to the case as a conspiracy theory but also for making the absurd statement that it would be too much work and too costly to proceed with this case. Mr. Galati called out the provincial governments and the Prime Minister for spending an accumulative 1.2 trillion dollars on COVID-19 measures and that by comparison, the cost for the case would be inconsequential.

In closing, Rocco stood on the merits of the case and that it is a matter of public interest and should not be dismissed. Rocco added, “the Constitution does not kneel, bend nor kiss the feet of public health officers, or any public officials, including the legislatures.”

We now await Justice Ross’ decision which may take up to 30 days. We will make an announcement once the information is made available to us."

https://action4canada.com/legal-action/

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🇨🇦RCN | t.me/RealCanadianNews Ⓡ

[tierneystaufferllp]

Access to Justice Trumps Right to a Jury Trial During Pandemic

In previous blog posts, we explained the changes Ontario’s courts have implemented during the COVID-19 pandemic. Some of these changes have significantly affected the rights of claimants to have the action managed in the way they desire. Jury trials are no exception; civil jury trials have been suspended in Ontario due to the COVID-19 pandemic.

In a personal injury case, parties have the right to elect that their case is heard by a jury. If the other party does not want to have a jury trial, they can challenge the jury notice by making an application to the court.

In a recent case, Heustis v. Brown, the plaintiffs asked the court to strike a jury notice that had been filed before the COVID-19 pandemic. The plaintiffs were not challenging the jury notice because they did not want a jury notice per se, but because the large backlog of jury cases waiting to be heard because of the COVID-19 pandemic had delayed their case.  

Plaintiffs Seek to Strike Jury Notice Due to Pandemic Delays

On April 22, 2017, Robert Heustis was injured in a motor vehicle accident. His wife, tragically, did not survive the accident. The defendant, Brenda Brown, filed a jury notice, preserving her right to have the trial heard by a jury. Notably, the notice had been filed prior to the pandemic drastically altered the litigation process in Ontario and across the country.

The plaintiffs asked the court to strike the jury notice given the potential delays they would face in waiting for a jury trial due to the ongoing health restrictions which particularly impacted the ability to facilitate the jury selection process and to hold a jury trial. The defendant disagreed, claiming that there had not been a “material change in circumstances” and that it would not be fair to the defendants for the court to strike the jury notice.

The Test for Striking a Jury Notice in Ontario

Here, the plaintiffs had to prove that there were “features in the legal or factual issues to be resolved, in the evidence or in the conduct of the trial, that merit[ed] the discharge of the jury”. The overriding test is whether the party who wants the jury notice struck “has shown that justice to the parties will be better served by the discharge of the jury”.

The court noted that the accident had occurred over four years ago and there was no way to determine when a jury trial could be heard. Furthermore, the plaintiff was 79 years old at the time of the accident (83 years old at the time the application was heard). Given the plaintiff’s age, there was a compelling reason to ensure that the case was heard as soon as possible so he could have access to justice.

The defendant argued that she would be prejudiced if the jury notice was struck because she had planned her litigation strategy on the assumption that the case would be heard before a jury. The court did not find this argument compelling, stating that it had not been given any evidence as to how or why the defendant’s strategy would be different or could not be tailored to a judge-only trial.

Court Strikes Jury Notice, Citing “Unprecedented Circumstances”

The court found in the plaintiff’s favour and struck the jury notice. As the court stated, “[i]n this case, in the unprecedented circumstances that exist in this region, the plaintiff’s right to access to justice must override the defendant’s right to a trial by jury”. However, the court ordered that the jury notice was only struck conditionally. If a jury trial was available at the time the matter was called for trial, the jury notice would be reinstated automatically.

Jury Trials in Ontario During the COVID-19 Pandemic

As noted above, civil jury trials have been suspended Ontario due to the COVID-19 pandemic, with the exact date for resumption largely depending on infection rates in each of the various regions. In this case, which occurred in the Central East Region, no civil jury trials had yet taken place by the date the application was heard. Court rules relating to the use of jury trials vary by region and continue to fluctuate during the ongoing COVID-19 pandemic. As the decision of whether to elect a trial by jury is a strategic consideration, speak with a skilled personal injury lawyer to understand your rights and make an informed decision regarding how your trial is handled.

Skilled Personal Injury Lawyers Serving Eastern Ontario and North Bay

At Tierney Stauffer LLP, our experienced personal injury lawyers have the advocacy skills and resources to adapt to our changing legal landscape. Though your “day in court” might look a little different during the COVID-19 pandemic, our lawyers are diligently following changes to courtroom protocol and are well-positioned to tackle your personal injury claim in court, whatever that might look like in these unprecedented times.

We recognize that no two claims are the same, which is why we give each client the personalized attention needed to bring about the best possible resolution. Call us at 1-888-799-8057 or contact us online to set up a free consultation with one of our experienced personal injury lawyers.

The post Access to Justice Trumps Right to a Jury Trial During Pandemic appeared first on Tierney Stauffer LLP.

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[sultanlawyers]

I have been temporarily laid off: Can I receive a severance package?

The COVID-19 pandemic has led to extremely high levels of layoffs.

There are, in essence, two types of layoffs: temporary and permanent. In the event of a permanent layoff, the employee will not return to work and, in exchange, is provided with financial support to find another job.

In a temporary layoff, by contrast, the employee is not guaranteed financial support directly from the employer.

Temporary layoffs generally apply in limited circumstances, such as in factories when an assembly line may be suspended temporarily. COVID-19 has, however, resulted in an exponential jump in the number of businesses placing individuals on temporary leave, rather than permanently severing their employment (with accompanying severance packages).

Why does it matter if I have been placed on temporary leave?

Employees on a temporary leave of absence do not continue to receive compensation. In fact, they may receive no pay and instead must simply wait to see if they will be recalled to work. Further, if they choose not to return to work after being recalled, then they will be deemed to have resigned from employment, with no entitlement to a severance package.

Layoffs, therefore, leave employees in a difficult position, whereby they can lose significant exit packages to which they would normally be entitled. The consequences are therefore significant for employees, particularly those who have worked for several years, only to be placed on an unpaid layoff.

Temporary Layoffs may result in severance packages

A recent case (Coutinho v Ocular Health Centre) directly addressed layoffs and entitlements to severance packages during COVID-19. The case involved an employee who had started employment with a health centre in 2014 and was promoted to the position of Office Manager. She was subsequently placed on a temporary layoff from her role.

The employee then brought an action against her employer for constructive dismissal. As a part of the claim, she sought both the amounts owing under the Employment Standards Act and the related common law as support while she looked for another role.

The employer argued that the actions of the employer did not fit the definition of constructive dismissal, particularly since the Infectious Disease and Emergency Leave (“IDEL”) provisions provide employers with flexibility with respect to changing hours of work and wages. The IDEL was introduced in large part as a response to the pandemic’s impact on the labour market and the need for many businesses to suddenly shut down operations in relation to public health orders.

The judge disagreed and found that the IDEL only applied to available remedies under the Employment Standards Act, and therefore did not apply to civil remedies. Specifically, the judge ruled that if an employee’s common law rights to notice were to be limited, then the government would have done this, rather than limiting the IDEL to the Employment Standards Act.

Therefore, an employee could decide that their temporary layoff is in fact a termination of employment and seek their rights under the common law.

The court further pointed to the fact that an employee has the right to pursue common law remedies separate and apart from the remedies available under the Employment Standards Act.

Why Does This Case Matter?

While the case may not apply in all circumstances, it does demonstrate that employers could be liable for constructive dismissal in the event of a layoff.

This case recognizes that constructive dismissal may result from temporary layoffs, even if it is a result of COVID-19. Employees may therefore be able to secure significant entitlements for wrongful dismissal in relation to temporary layoffs during the COVID-19 period.

The case also services to reiterate the purpose of a reasonable notice period, which is to provide sufficient support for a dismissed employee to find new/comparable employment.

If you believe you have been wrongfully dismissed, constructively dismissed, or are on a temporary layoff from your position and are seeking advice, we encourage you to contact Toronto employment lawyers, Sultan Lawyers, at 416-214-5111 or via email at khayward@sultanlawyers.com.

The post I have been temporarily laid off: Can I receive a severance package? appeared first on Sultan Lawyers.

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[orbemnews]

Larry Fink’s New Climate Goal Larry Fink’s letter has landed The BlackRock chief’s annual letter to C.E.O.s is going out this morning and Andrew has a copy, which he writes about in his latest column. Mr. Fink’s letter has driven the conversation inside corporate America’s boardrooms for years — such as his proclamation that companies must have a purpose beyond profit, which preceded the Business Roundtable’s statement on stakeholder capitalism, and his call for corporate climate disclosures, which was followed by a raft of climate pledges by companies. Now, he’s pushing out the goal posts on climate action, asking companies to “disclose a plan for how their business model will be compatible with a net-zero economy.” He defines this as limiting global warming to 2 degrees Celsius above pre-industrial averages and eliminating net greenhouse gas emissions by 2050. With nearly $9 trillion of investments, BlackRock has a lot of influence. Last year, the firm voted against 69 companies and against 64 directors for climate-related reasons, and it put 191 companies “on watch.” BlackRock is planning to create “a temperature alignment metric for our public equity and bond funds, where sufficient data is available,” and Mr. Fink added that the firm would start new products “with explicit temperature alignment goals, including products aligned to a net-zero pathway.” This could have the same effect for investors as a calorie count on a menu for diners, a nudge toward making more informed choices. In the future, big public pension funds and other investors could have firms like BlackRock create custom indexes for them based on such data. Critics say that Mr. Fink isn’t moving fast enough and still owns $85 billion of assets tied to coal. But much of that investment is in passive index funds that it can’t divest; the firm said it was working behind the scenes with coal companies to encourage them to adopt cleaner technologies. What about investment performance? Mr. Fink said that sustainability-oriented funds outperformed market benchmarks last year, especially during the worst of the pandemic downturn. “The more your firms are seen to embrace the climate transition and the opportunities it brings,” he wrote to C.E.O.s, “the more the market will reward your firms with higher valuations.” HERE’S WHAT’S HAPPENING Janet Yellen is confirmed as Treasury secretary. The Senate approved President Biden’s nominee in an 84-15 vote, making her the first woman to hold the position (when she became Fed chair, she was the first woman in that role, too). European leaders take center stage at the World Economic Forum. Panels at the virtual summit today will discuss stakeholder capitalism, climate change and a post-pandemic world. Featured speakers include Ursula von der Leyen, the president of the European Commission; Chancellor Angela Merkel of Germany; and President Emmanuel Macron of France. New York City’s biggest pension funds will divest fossil fuel stocks. Two funds voted to divest an estimated $4 billion in energy stocks from their portfolios, while a third is expected to approve a similar move soon. Moderna and Pfizer-BioNTech rush to protect against new Covid-19 strains. The drug manufacturers said they were studying ways to alter their coronavirus vaccines after news that the treatments were less effective against a new variant found in South Africa. In other Covid-19 news, Merck withdrew its vaccine candidates after disappointing trials. Silicon Valley donors’ new focus: recalling California’s governor. Top executives like Doug Leone of Sequoia have given thousands of dollars to a once quixotic campaign to unseat Gov. Gavin Newsom, amid dissatisfaction over his handling of the pandemic and tax policies. Another frequent critic, the financier Chamath Palihapitiya, just announced that he is running for governor. Epstein ties cost Leon Black his C.E.O. job Leon Black, the billionaire co-founder of Apollo Global Management, said yesterday that he would retire as chief executive by July 31. The announcement follows an internal investigation into The Times’s revelation that he had paid the convicted sex offender Jeffrey Epstein millions in consulting fees. Mr. Black gave tens of millions more to Mr. Epstein than previously known. The company’s investigation into the two men’s relationship, conducted by the law firm Dechert at Apollo’s request, found that Mr. Black had paid Mr. Epstein $158 million from 2012 to 2017 for tax advice, double what The Times’s previous report had found. Mr. Black also lent Mr. Epstein, who died by suicide in jail in 2019, over $30 million. The report asserted that there was no evidence Mr. Black took part in any of Mr. Epstein’s criminal activities. What Mr. Epstein did for Mr. Black: The biggest project, according to the Dechert report, was helping Mr. Black with so-called GRATs, trusts that let families pass wealth to future generations without paying any estate taxes. (The Times has previously explained how the Trump family also made use of the tactic.) Over all, Mr. Black reckoned that Mr. Epstein’s work saved perhaps $2 billion in taxes. The relationship created a rift between Mr. Black and a longtime partner. Josh Harris, another of Apollo’s founders, argued that the ties to Mr. Epstein showed “poor judgment,” and he tried unsuccessfully to convince fellow board members that Mr. Black should step down immediately, citing the risk of reputational damage to Apollo, Matt Goldstein and Katie Rosman of The Times report. It’s unclear how much will change. Apollo’s new C.E.O. is Marc Rowan, the firm’s third co-founder, who built Apollo’s $300 billion insurance business but had largely stepped away last year. Mr. Black is staying on as Apollo’s chairman and will keep his seat on the firm’s three-member executive committee. Apollo announced moves that could dilute Mr. Black’s power, including adding four independent directors to its board and eliminating the firm’s super-voting stock, giving each investor one vote apiece. “Too many people have fought too hard in too many places for freedom of speech to be suppressed by this awful woke orthodoxy.” — Rupert Murdoch, whose media empire includes Fox News, in a speech accepting a lifetime achievement award. Exclusive: Billion-dollar golf carts Ingersoll Rand has tapped Goldman Sachs to run a sale of its Club Car golf cart unit in a deal that could fetch more than $1.5 billion, DealBook has learned. It’s already begun to talk to corporate buyers about a potential deal. Representatives for Ingersoll Rand and Goldman declined to comment. A focus on industrial equipment. The private equity firm KKR is a large shareholder in Ingersoll Rand, an industrial giant with a market cap of about $18 billion that specializes in compressors, pumps and power tools. It has owned Club Car since 1995, when it acquired the business through a $1.3 billion deal for its parent company, Clark Equipment. Ingersoll Rand is now exploring a sale of Club Car to focus on its core industrial businesses. “Personal utility vehicles.” Georgia-based Club Car produced the first golf cart with a steering wheel in the 1960s. Its carts, which sell at $7,000 to $25,000, can be decked out with features like Bluetooth speakers and GPS technology to measure the distance to the pin on a golf course. The golf cart industry, worth $1.2 billion annually, is expected to grow at an average of less than 2 percent over the next few years, according to Ibis World, with cart makers looking for new markets, like gated communities and campus security. ‘The law is frozen’ Ben Cohen — of Ben & Jerry’s ice cream fame — is fired up about a judicial doctrine called qualified immunity, which shields police officers from liability for wrongdoing with few exceptions. “It’s a clear example of injustice and contributes to a lack of trust in police,” Mr. Cohen told DealBook. “In any other organization, everybody is accountable for their actions.” Qualified immunity was created by judges. It’s not written in a statute but developed in Supreme Court precedent, starting in 1967, ostensibly to balance between police accountability and protection. The doctrine severely limits victims’ ability to hold officers accountable for even extreme misconduct. Since the killing of George Floyd raised public attention to police brutality, a coalition of business leaders, artists, athletes, activists and advocacy groups have joined a movement called the Campaign to End Qualified Immunity. Today, they are launching a 100-day awareness effort aimed at pressuring lawmakers to end the legal protection. “The law is frozen,” Mr. Cohen said. It’s a rare issue that puts progressives and conservatives on the same page. Mr. Cohen — who is planning to release a book about immunity with the rapper and activist Killer Mike — said he was pleasantly surprised by the diverse alliances around the issue, uniting groups like the libertarian Cato Institute and the liberal American Civil Liberties Union. Last year, Representative Ayanna Pressley, Democrat of Massachusetts, joined with Justin Amash, then a Republican-turned-Independent congressman from Michigan, on a bill to eliminate qualified immunity. It didn’t survive. “With momentum and support for ending this unjust doctrine evident nationwide, we must meet the moment and show the political courage to get it done,” Ms. Pressley said in a statement to DealBook. THE SPEED READ Deals Qualtrics, a survey software provider, is seeking a valuation of up to $15 billion in its I.P.O., nearly double what SAP paid for the company two years ago. (Reuters) The owner of the Boston Red Sox has reportedly called off talks to sell a stake to a SPAC founded by the financier Gerry Cardinale and the former Oakland A’s general manager Billy Beane. (Axios) Politics and policy The Treasury Department resumed efforts to put Harriet Tubman on the $20 bill, reviving an initiative that President Donald Trump had halted. (NYT) Republican operatives are reportedly considering pushing company executives to give money to political candidates personally to make up for a potential drop in corporate funds. (CNBC) Tech A growing number of companies are finding ways to use blockchains to avoid relying on a central authority, making them harder to shut down. (NYT) The most prominent unionization drive among Amazon workers will take place next month in Alabama, a state not known for union-friendly laws. (NYT) Best of the rest Instead of airing ads during the Super Bowl this year, Budweiser will help fund public-service ads promoting Covid-19 vaccines. (NYT) The C.E.O. of a casino company who jumped the line for a Covid-19 vaccine has resigned. (Bloomberg) The World Economic Forum isn’t being held in Davos this year — and skiers and locals are grateful. (WSJ) We’d like your feedback! Please email thoughts and suggestions to dealbook@nytimes.com. Source link Orbem News #Climate #Finks #goal #Larry

[perfectirishgifts]

Japan Foreign Minister’s Three Tests In Mauritius Oil Spill Visit

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Japan Foreign Minister’s Three Tests In Mauritius Oil Spill Visit

Japan’s Foreign Minister Toshimitsu Motegi is on a visit to Mauritius this weekend, the site of the … [] Wakashio oil spill

Japan’s Foreign Minister, Toshimitsu Motegi, arrives in Mauritius this weekend for the senior most visit by a Japanese official to the site of the Wakashio oil spill.

He faces several stern important questions that will test the ability of Japan to take a strong leadership position, as the standing of Japan has fallen in the public opinion of Mauritius and other island nations who have been closely monitoring Japan’s actions.

Amid ongoing controversy surrounding the clean up operations, widespread protests in Mauritius against a Government whose election is disputed, corruption scandals involving the subsidiary of one of Japan’s largest business and a broadening clampdown on the rights of environmental activists, this will be far from easy visit for Motegi, and a test of his and Japan’s international leadership.

Here are the three tests for his visit.

1. Democracy in Mauritius: a disputed election

29 Aug 2020: Protests outside the Prime Minster’s Office in Port Louis against the handling of the … [] oil spill and the disputed election, calling for the resignation of the Government

The general election in Mauritius is still disputed amid strong evidence of electoral fraud. This is the first time such an event ever happened in the country, and is a reflection of the rise of authoritarian Governments around the world who have been able to use similar techniques to undermine electoral institutions.

The results of the election are currently subject to a judicial review (i.e., within a month of the November election, the evidence of fraud was passed to the law courts of Mauritius to review). Using a range of administrative tactics – including extraordinary laws under COVID-19 and the National Environmental Emergency powers from the Wakashio oil spill – this judicial review has now been extended by over a year.

Mauritius Prime Minister Pravind Jugnauth of Militant Socialist Movement (MSM) party whose party’s … [] election is disputed and subject to a judicial review.

In that time, several highly controversial decisions have been taken by the current Jugnauth Government.

These include the depletion of the Central Bank’s reserves (13% of the GDP of the country), the voluntary administration of Air Mauritius, a series of opaque public procurement contracts such as the one surrounding the controversial railway project in Mauritius and COVID-19 supplies, and the mishandling of the Wakashio oil spill.

EU calls for swift judicial hearing

Head of EU delegation to Mauritius and Seychelles, Ambassador Vincent Degert

The European Union Ambassador to Mauritius, Vincent Degert, said on November 13, that “The EU followed with attention the electoral process and the implementation of recommendations formulated by national and international observers, the UN and the Mauritian Electoral Commissioner.”

He went on to say, “In general, the EU agrees that it is important that the filed judicial cases are heard swiftly, for the sake of democratic legitimacy. It is therefore unfortunate that the Covid-19 pandemic has impacted since March the courts’ ability to function adequately; this also resulted in an important backlog.”

The EU Ambassador also expressed a firm intent to ensure human rights and the rule of law are respected in Mauritius.

“I had the opportunity to discuss these matters a few weeks ago with the Chief Judge, who confirmed that it was a priority for the judiciary to address the judicial reviews. Indeed, you will have observed that cases are currently being judged and decisions rendered. Please rest assured of the EU remains fully committed to the principle of democracy promotion worldwide. EU cooperation with partner countries is guided by support for the consolidation of democracy, the rule of law and promotion of human rights in the framework of a regular and structured dialogue with institutional counterparts and civil society.”

UK observes that legal challenges to election ‘remain unresolved’

British High Commissioner to Mauritius, Keith Allan

A spokesperson for the British High Commission said in response to questions from Forbes on November 13, “The elections took place last year on 7 November 2019 and that petitions were entered by various parties to challenge the results. Most of these challenges remain unresolved at the moment.”

In terms of the delays to the judicial process, which had been complicated by the Covid-19 lockdowns in March, the British High Commissioner spokesperson went on to say, “The fact that opposition candidates are able to enter petitions to challenge results is a very good sign that democratic institutions work in Mauritius, but it is not for us to provide a judgement on the length of time taken by the courts.”

Questions about Japan’s silence

Japan appointed a new Ambassador to Mauritius in December, Ambassador Shuichiro Kawaguchi

With Japan having such a strong presence in Mauritius, including opening an Embassy in 2017, the silence from foreign ministry officials has been startling.

At the very least, it will be interesting to see whether Japan’s Foreign Minister urges the rapid acceleration of the cases in the judicial process so the cases of electoral fraud can be heard in Court.

It will also be important to see whether the Minister of Foreign Affairs meets with the Leader of the Opposition and the leaders of the civil society movements who led the protests against the Wakahsio oil spill that galvanized over 100,000 onto the streets.

French President Emmanuel Macron was forced to listen to residents as he visited a devastated street … [] of Beirut, Lebanon, on August 6, 2020 a day after a massive explosion devastated the Lebanese capital in a disaster that has sparked grief and fury.

When President Macron visited Beirut following the August 4 port explosion, he was confronted by mass uprising over years of corruption and poor management of public institutions including the port. Motegi finds himself in a similar situation with an unpopular Government clinging to power and calling for change and transparency. Macron learnt his lessons by meeting with all member of civil society and the opposition to understand the full situation taking place in the country.

The question is whether Japan can show a similar level of leadership.

This would demonstrate that Japan intends to meet with all democratic institutions in the country, and not just the elected officials it has become close to over the past two years.

2. Statement from Japan on Human Rights

Since the massive August 29 protests, there has been a massive clamp down on environmental … [] protestors across the country, targeted at the leaders of the protest movement

The Wakashio oil spill has become an excuse for the Mauritian Government to clamp down on environmental activists. Many journalists, environmental activists, lawyers and politicians have had their personal rights infringed upon, as the Government has used a variety of police intimidation, threats of lawsuits and mass surveillance methods to attempt to disrupt the protestors.

This has all happened under the guise of a disputed election and the emergency powers afforded by the National Environmental Emergency triggered by the Japanese vessel, the Wakashio.

Japan is the second largest funder of the United Nations. If Japan truly expects to uphold the values of the United Nations, it must also take a stand for human rights.

This includes the freedom of the press, not using the police as a tool for harassment, ending the fear and intimidation of the population digitally and physically.

The usually peaceful, stable and democratic Mauritius has never gone through a period like this. The population have been calling for strong international oversight to ensure the rule of law is upheld.

With Japan’s large influence internationally and also within Mauritius recently, it will be important to showcase the sort of values Japan expects to see around the world.

3. Transparency from Japan about the Wakashio oil spill

11 Aug 2020: there are many unanswered questions about the oil spill in Mauritius that Japanese … [] firms and authorities have avoided answering

The Wakashio oil spill has broken all trust with the citizens of Mauritius. Japanese companies have repeatedly changed their account of what occurred or have been caught making statements that do not fit the facts.

Japanese scientists were also found to have ignored the independent Mauritian scientists who have worked on oil spills, and who were deliberately been prevented from supporting their country with the Wakashio oil spill.

Will this be the moment that Japan’s Foreign Minister calls for transparency and orders a full investigation into the circumstances of the oil spill, including the conduct of all the Japanese entities involved both before the grounding, during the oil spill and with the cleanup.

24 Aug 2020: the controversial decision to sink the Wakashio in good ocean conditions by the … [] Japanese-funded salvors, has caused anger across Mauritius and is potentially in breach of several international laws. Who ordered this?

Mauritians remain angry with the conduct of the various entities brought in by Japanese owners and insurers in a way to suppress local efforts. The Mauritian diaspora and environmental groups on the ground had built strong international partnerships for a full investigation, and yet these were deliberately undermined by the Japanese interests.

As a result, a highly controversial decision was taken to dump the front section of the Wakashio, potentially in breach of several international laws. This was not a unilateral decision by the Government of Mauritius, and full transparency is being demanded.

Here are some of the other outstanding questions that the Japanese shipowners, insurers or Japanese scientists have failed to answer:

How much oil was actually spilled into the lagoon (so far, Mauritians have been relying on estimates after no accurate details were disclosed since August 11)?

What was the composition of the oil and why has oil fingerprinting of the samples on board the Wakashio not been conducted yet (U.S. scientists from Woods Hole have been calling for this and are highly surprised this has not been conducted)?

What was the results from the necropsies of the 52 dead whales and dolphins found around the site of the Wakashio oil spill? What caused their death, and what are the risks to the marine environment and population?

Where are the details for who was operating the Wakashio and what was the cause of the grounding? It is incredible that four months after the largest ecological disaster in Mauritius, no explanation has been given. Mitsui OSK Lines (MOL) is one of Japan’s largest shipping companies, the owner Nagashiki Shipping has attempted to hide behind a veil of commercial secrecy and the Japan P&I Club have not responded to any media inquiry.

Why was Japanese aid of $3 million being offered for COVID-19 response to the Government of Mauritius when the oil spill was occurring and there was no COVID-19 cases in Mauritius? Until now, no comprehensive health monitoring of the population had been conducted by any of the Japanese groups in the country.

The opacity of response is unacceptable for a major power to be hiding behind in the year 2020, when assistance had been offered from all around the world.

Justice not handouts

12 Sep 2020: Protesters hold a banner and Mauritius’ national flags on a motorboat as they take part … [] in a demonstration calling for the government to resign over the oil spill following the handling of the Wakashio oil spill

Amid rumors that Japan may be seeking to avoid any expensive legal proceedings by seeking an out of court settlement, many Mauritian environmental groups will be keeping a close eye on statements by Foreign Minister Motegi.

From statements early in the oil spill claiming that Mauritius can only claim $18 million, rumors reported in the Japanese media of a backdoor deal of $34 million for 100 fishing boats, and now new loopholes being revealed in international law, it will be important for Japan to conduct itself with transparency to show it stands on the side of international law and not backroom deals.

If there is nothing to hide from the Japanese state and large corporate interests, then justice should be allowed to take place in Mauritius, including a full independent international enquiry and hearing in the relevant courts of law. That is the very purpose for why those bodies of laws were written in the first place, was it not?

A major environmental crime has taken place. Four Mauritians involved in supporting the salvage operation have lost their lives, over 35,000 have been exposed to toxic shup fuel, some of Mauritius’ most endangered species in a series of national parks have been impacted.

Health of Mauritius’ 1000 year old Brain Coral

Mauritius’ 1000 year, 7 meter wide brain coral was the center piece of Ramsar protected Blue Bay … [] Marine Park and the oldest specimen in the Indian Ocean

Since the start of the Wakashio oil spill, there has been growing concern about the health of the 7 meter wide, 1000 year old brain coral that formed the centerpiece of the Blue Bay Marine Park. This is a critical feature of Mauritius’ ecotourism and marine biodiversity.

Blue Bay Marine Park has been out of bounds from any tourist, and so no independent verification could be made about the health of the coral. Authorities have repeatedly issued statements that the brain coral has not been impacted, which has been met with scepticism following the disruption of Mauritius annual coral breeding event last month due to the oil spill.

With dozens of Glass Bottom Boats available in Blue Bay, it will be interesting to see whether Japan’s Foreign Minister will be accompanied by members of the press to see for himself the state of Mauritius’ famous Brain Coral.

Japan’s role in the world

19 Oct 2020: Protestors from Ocean Rebellion outside the UN shipping agency, the IMO protesting at … [] the cover up involved with the Wakashio and Japan’s action at the global shipping agency that is pushing higher carbon emissions

The oil spill was not just an industrial disaster. It shines a light on the conduct of large Japanese interests around the world, as well as the stance that Japan has taken at the United Nations.

In particular, Japan’s stance at the UN’s International Maritime Organization, that governs global shipping.

Japan chairs the influential environment committee. However, in a set of controversial decisions last month, it pushed forward targets that would break the Paris Climate agreement and lead to emissions rising almost 15% over the next decade rather than declining 45% to keep the planet at a safe operating level.

4 Dec 2020: Japan’s new Prime Minister Yoshihide Suga announced in parliament on October 26 that … [] Japan would target 2050 for carbon neutrality but is yet to provide a concrete plan for how this target would be met

Japan’s stance at the IMO is incompatible with the new Japanese Prime Minister’s promise for Japan to reduce its emissions to zero by 2050. Global shipping emits as much carbon dioxide as Japan does. The decision at the IMO benefits Japan’s three largest shipping companies (which combined are the largest in the world) as well as a complex set of industrial interests with large holdings to provide harmful ship fuel around the world

Japan has a new Prime Minister after a decade of influence from Shinzo Abe. It also faces rises tension with China in Asia. Diplomatic allies – not just with the political elites, but the populations in the countries it seeks to win over – will be important.

However, the battle in Mauritius is around the Mauritian values surrounding the environment and recent human rights abuses since the disputed election.

Will Japan seek to put its short term corporate and military interests first, or seek to establish deeper roots in the country, by rebuilding trust with the population, not just one political party.

Motegi’s visit will be closely watched indeed.

From Manufacturing in Perfectirishgifts

[newstfionline]

Saturday, November 7, 2020

Biden delivers confident assessment: ‘We’re going to win this race’ (Yahoo News) Democratic nominee Joe Biden addressed the nation Friday, after his growing lead in the presidential election’s key battleground states appeared to have placed him on the verge of victory. "The numbers tell us a clear and convincing story: We're going to win this race," Biden said. The remarks came as the race appeared to be quickly slipping away from Trump. As votes continued to be counted in Arizona, Georgia, Nevada and Pennsylvania, Biden held a lead in all of them. The Associated Press and Fox had already called Arizona for Biden; any of the remaining three states would put the Democrat over the 270 Electoral College votes needed to secure the presidency. But ahead of Biden’s speech in Wilmington, President Trump made clear that he would not be conceding defeat in the race anytime soon. “Joe Biden should not wrongfully claim the office of the President!” Trump tweeted. “I could make that claim also. Legal proceedings are just now beginning!” Early on Wednesday, several hours after the polls closed, Trump made an appearance and declared he had already won the election. "We will win this, and as far as I'm concerned, we already have,” he told supporters in the East Room of the White House.

Presidential election exposes America’s ‘perilous’ divides (AP) Presidential elections can be revealing moments that convey the wishes of the American people to the next wave of elected officials. So far, the big reveal in the contest between President Donald Trump and former Vice President Joe Biden is the extent of the cavernous divide between Republican and Democratic America, one that defines the nation, no matter which candidate ultimately wins. Voters from both parties turned out in droves to pick the next president, but as they did so, they found little agreement about what that president should do. Democrats and Republicans prioritized different issues, lived in different communities and even voted on different kinds of ballots. Whoever emerges as the winner, that division ensures that the next president will face significant gridlock in Congress, skepticism about the integrity of the vote and an agitated electorate increasingly divided by race, education and geography. Even the vote count itself threatens to further split Americans. “Except for the Civil War, I don’t think we’ve lived through any time as perilous as this in terms of the divisions,” said historian Barbara Perry, the director of presidential studies at the University of Virginia’s Miller Center.

Eta back to sea as Central America tallies damages and dead (AP) As the remnants of Hurricane Eta moved back over Caribbean waters, governments in Central America worked to tally the displaced and dead, and recover bodies from landslides and flooding that claimed dozens of lives from Guatemala to Panama. It will be days before the true toll of Eta is known. Its torrential rains battered economies already strangled by the COVID-19 pandemic, took all from those who had little and laid bare the shortcomings of governments unable to aid their citizens and pleading for international assistance. Shortly after Honduran President Juan Orlando Hernández asked neighboring Guatemala for help rescuing residents stranded near their shared border Thursday, Guatemalan President Alejandro Giammattei said at least 50 people had been killed in landslides in his own country, most of them in a remote town rescuers struggled to reach. A week of rain spoiled crops, washed away bridges and flooded homes across Central America. Hurricane Eta’s arrival Tuesday afternoon in northeast Nicaragua followed days of drenching rain as it crawled toward shore. Its slow, meandering path north through Honduras pushed rivers over their banks and pouring into neighborhoods where families were forced onto rooftops to wait for rescue. / (Reuters, later:) The death toll from the calamitous storm Eta in Central America soared on Friday after the Guatemalan military reached a remote mountainous village where torrential rains had triggered devastating mudslides, killing about 100 people. Another 50 are missing.

Brazilian state of Amapa suffers a power blackout for days (AP) A fire at an electricity substation has caused four days of blackouts in most of northern Brazil’s Amapa state, disrupting the lives of hundreds of thousands of people. The outage began Tuesday night when a fire damaged a transformer, interrupting the power supply to 13 of the state’s 16 municipalities, including the capital Macapa, the state government said. Amapa state, on Brazil’s border with French Guyana, has a total of 850,000 residents. Nearly 90% of Amapa’s population was still without power on Friday morning, according to the state’s communications secretary. Thousands of people lined up to fill water jugs and tanks at places in the capital where supply was still available, according to images shown in local press. Most of the population was without telephone service or internet access.

Minks (National Geographic) Minks, which are raised for their fur around much of the world, are, like several other mammals, able to catch coronaviruses from humans. That’s the bad news. The worse news is that 207 fur farms in Denmark are home to minks that tested positive for the coronavirus. The even worse news is that the nation’s public health authority found that the virus can then circulate between minks and humans, and worse still, the virus has mutated in the minks. Half of the 783 human cases in the north of the country are related to the minks’ mutant coronavirus. That’s extremely bad, as if this strain gets around it may be sufficiently mutated to undermine the efficacy of a future vaccine. In light of this, Denmark will kill every one of the 15 million mink in the country’s 1,200 fur farms as a precautionary step.

France reinforcing its border controls following attacks (AP) French President Emmanuel Macron said on Thursday that France is reinforcing its border controls after a series of attacks that hit the country in recent weeks. Macron said the number of police and troops in charge of border controls will double from 2,400 now to 4,800. They will focus on fighting illegal immigration and smuggling activities, he said, during a visit to a frontier post in Le Perthus, at the border with Spain. In addition, Macron said he will push for changes to make controls at the European Union’s external borders more efficient. “Attacks in France, in Austria a few days ago in Vienna, show us that the terrorist risk is everywhere, that (terrorist) networks are global ... which forces Europe to intensify its response,” he said. France will present its proposals at a European summit in December.

Greece imposes lockdown to avoid worst at hospitals (AP) With a surge in coronavirus cases straining health systems in many European countries, Greece announced a nationwide lockdown Thursday in the hopes of stemming a rising tide of patients before its hospitals come under “unbearable” pressure. Greek Prime Minister Kyriakos Mitsotakis said that he acted before infection rates reached the levels seen in many neighboring countries because, after years of financial crises that have damaged its health system, it couldn’t afford to wait as long to impose restrictions as others had. The lockdown takes effect at daybreak on Saturday across the country and will last until the end of the month. People will only be allowed to leave their homes for work, physical exercise and medical reasons—and only after sending a text message to authorities. Shops will shut, although supermarkets and other food stores will remain open. Restaurants will operate on a delivery-only basis.

Kosovo President Resigns to Fight War Crimes Case in the Netherlands (NYT) The president of Kosovo, a guerrilla leader during Kosovo’s fight for independence against Serbia, resigned on Thursday to face charges of war crimes and crimes against humanity at a special international court in the Netherlands. The president, Hashim Thaci, 52, said at a news conference in Pristina, Kosovo’s capital, that he was stepping down to protect the office of the presidency. The former commander of the Kosovo Liberation Army, Mr. Thaci was indicted in June by the special court in The Hague on 10 counts of war crimes. Prosecutors accused him and other former independence fighters of being “criminally responsible for nearly 100 murders.” A judge at the court also confirmed war crimes charges against Jakup Krasniqi, a former interim president of Kosovo. Prosecutors said Wednesday that he had been arrested with the help of European Union authorities.

Belarus nuclear plant opens (Foreign Policy) The first nuclear plant in Belarus began operations on Thursday amid objections from neighboring Lithuania, whose citizens live within roughly 12 miles of the facility. The plant, built by Russian state company Rosatom, will eventually power a third of Belarus according to a statement from its energy ministry. Lithuania’s complaints about problems with the plant’s construction have been waved off by Russia, who say it meets the highest international standards. Lithuania has offered free potassium iodide tablets—which can protect the thyroid gland from radioactive iodine released during nuclear accidents—to residents near the plant in the event of a nuclear meltdown.

Iraqi forces kill protester, wound 40 in southern Basra (AP) Iraqi security forces killed at least one anti-government protester using live gunfire and wounded at least 40 others in the southern city of Basra on Friday, security sources and a rights official said. It was the first killing of a protester by security forces in Basra since Prime Minister Mustafa al-Kadhimi took office in May. Deadly flare-ups have been rare since protests against Iraq’s ruling elite and demanding jobs and services largely subsided earlier this year. During months of anti-government protests that erupted under his predecessor Adel Abdul Mahdi in October 2019, more than 500 people were killed, mostly young unarmed demonstrators.

Israel rebuked for ‘biggest demolition of Palestinian homes in years’ (BBC) The United Nations has rebuked Israel for carrying out what it said was the biggest demolition of Palestinian homes in the occupied West Bank for a decade. Some 73 people, including 41 children, were made homeless when their dwellings were knocked down in the Bedouin settlement of Khirbet Humsa, in the Jordan Valley, the UN said. The Israeli military said the structures had been built illegally. But the UN called the Israeli actions a “grave breach” of international law. According to the UN Office for the Co-ordination of Humanitarian Affairs (Ocha), 76 structures—including homes, animal shelters, toilets and solar panels—were destroyed when Israeli bulldozers moved in late on Tuesday. Footage from the scene following the demolition, released by Israeli human rights group B’Tselem, showed the area strewn with wreckage including twisted metal, sheets and cots. “This is a great injustice,” resident Harb Abu al-Kabash told the Israeli newspaper Haaretz. “We didn’t know they were coming and we didn’t prepare, and now we are facing rain.”

Ethiopia conflict escalates as army sends more troops to Tigray region (Washington Post) Ethiopia’s dispute with the northern Tigray region escalated Thursday with reports of heavy shelling and the army’s deputy chief declaring that the country had entered into “an unexpected war” and was sending more troops to the area. The intensifying conflict drew an urgent international response, with the United Nations dispatching a special envoy to Ethiopia’s capital, Addis Ababa, and the International Crisis Group warning that the conflict could spread beyond Ethiopia’s borders. Clashes erupted in Tigray on Wednesday after Prime Minister Abiy Ahmed, the 2019 Nobel Peace Prize winner, sent troops into Tigray province and declared a “military confrontation” after the regional government attacked a federal military base.

[keepswedenfree]

The corona crisis must be renamed the “Corona Scandal”

It is:

The biggest tort case ever

The greatest crime against humanity ever committed

Those responsible must be:

Criminally prosecuted for crimes against humanity

Sued for civil damages

Deaths

There is no excess mortality in any country

Corona virus mortality equals seasonal flu

94% of deaths in Bergamo were caused by transferring sick patients to nursing homes where they infected old people with weak immune systems

Doctors and hospitals worldwide were paid to declare deceased victims of Covid-19

Autopsies showed:

US states with and without lockdowns have comparable disease and mortality statistics

Fatalities almost all caused by serious pre-existing conditions

Almost all deaths were very old people

Sweden (no lockdown) and Britain (strict lockdown) have comparable disease and mortality statistics

Health

Hospitals remain empty and some face bankruptcy

Populations have T-cell immunity from previous influenza waves

Herd immunity needs only 15-25% population infection and is already achieved

Only when a person has symptoms can an infection be contagious

Tests:

Many scientists call this a PCR-test pandemic, not a corona pandemic

Very healthy and non-infectious people may test positive

Likelihood of false-positives is 89-94% or near certainty

Prof. Drosten developed his PCR test from an old SARS virus without ever having seen the real Wuhan virus from China

The PCR test is not based on scientific facts with respect to infections

PCR tests are useless for the detection of infections

A positive PCR test does not mean an infection is present or that an intact virus has been found

Amplification of samples over 35 cycles is unreliable but WHO recommended 45 cycles

Illegality:

The German government locked down, imposed social-distancing/ mask-wearing on the basis of a single opinion

The lockdown was imposed when the virus was already retreating

The lockdowns were based on non-existent infections

Former president of the German federal constitutional court doubted the constitutionality of the corona measures

Former UK supreme court judge Lord Sumption concluded there was no factual basis for panic and no legal basis for corona measures

German RKI (CDC equivalent) recommended no autopsies be performed

Corona measures have no sufficient factual or legal basis, are unconstitutional and must be repealed immediately

No serious scientist gives any validity to the infamous Neil Ferguson’s false computer models warning of millions of deaths

Mainstream media completely failed to report the true facts of the so-called pandemic

Democracy is in danger of being replaced by fascist totalitarian models

Drosten (of PCR test), Tedros of WHO, and others have committed crimes against humanity as defined in the International Criminal Code

Politicians can avoid going down with the charlatans and criminals by starting the long overdue public scientific discussion

Conspiracy:

Politicians and mainstream media deliberately drove populations to panic

Children were calculatedly made to feel responsible “for the painful tortured death of their parents and grandparents if they do not follow Corona rules”

The hopeless PCR test is used to create fear and not to diagnose

There can be no talk of a second wave

Injury and damage:

Evidence of gigantic health and economic damage to populations

Anti-corona measures have:

Children are being taken away from their parents

Children are traumatized en masse

Bankruptcies are expected in small- and medium-sized businesses

Killed innumerable people

Destroyed countless companies and individuals worldwide

Redress:

A class action lawsuit must be filed in the USA or Canada, with all affected parties worldwide having the opportunity to join

Companies and self-employed people must be compensated for damages

https://www.globalresearch.ca/video-crimes-against-humanity-the-german-corona-investigation/5725795

[dustinczarny]

Wonky Wednesday:  Onondaga County Family Court Judge

In this week’s Wonky Wednesday I take a look at the Onondaga County Family Court Judge race.  Both of the Family Court judge seats that are up this year are open seats, meaning no incumbent.  The Family Court Judge position runs county wide but this year there is a bit of a twist. When multiple judge seats become open at the same time the candidates run in a group together regardless of party and the candidates with the most votes win. This is a vote for two race so the two Democratic candidates and two GOP candidates are grouped together and voters are allowed to vote twice in the race.  The top two candidates with the most votes wins the General election and will become the next two Family Court judges.

The Democratic Candidates are Julie Cerio and Christie DeJoseph.  Julie Cerio is an attorney in Syracuse specializing in Family Court handling matrimonial, family and other civil cases.  This is her second run for public offices coming within the absentee ballot margin I last year’s 5th Judicial Supreme Court Judge race.  She is on the Democratic, Conservative, and Independence lines.  

Christie DeJoseph is no stranger to Democratic politics but is making her first run for public office.  She is a Senior Assistant Corporation Counsel for the City of Syracuse.  She was also a founding partner of Curtin & DeJoseph where she represented businesses, religious, and other non-profit organizations, as well as individuals in family court matters. She will appear on the Democratic and Working family Party lines.

The Republican candidates are Sal Pavone and Paula Engel.  Sal Pavone is a Manlius town Judge and running on the Republican, Conservative, Libertarian, and Independence Line.  Paula Engel is currently Onondaga County's Chief Welfare Attorney.  She will appear on the Republican, Libertarian, and SAM party lines.

The registration numbers for Onondaga County are lower in total then we would expect in a Presidential year.  While 295k is the highest total since 2004, there was hope at the beginning of the year we would beat the 2004 record.  Usually we see massive registration increase in a presidential year, however the COVID-19 crisis has had a chilling effect on registration.  DMV offices have been closed and in person registrations have been non-existent as festivals and on campus activity have been limited.  The one caveat is there has been an increase in registrations since 2017.  This goes against the trend where registrations would fall dramatically between presidential years.  So while overall registrations are not risen as dramatically as we hoped this year, the constant rise over the last three years have made up for it.

As I have been chronicling for years Onondaga County has gone under a trans-formative realignment.  Once known as a solid red county, Onondaga County continues to be a breeding ground for a rapidly rising Democratic plurality.  The GOP has seen a steady decline in registrations since 2004. However the Democrats since the energy and election of Barack Obama in 2008 have steadily added to their increase in numbers.  That increase has dramatically escalated in the last 3 years.

The City of Syracuse share of Onondaga County voters has decreased over the last decade.  It has been common thought that the City of Syracuse dominates the county.  In truth the steady rise in population had come in the suburban towns around the City.  The rise in Democratic advantage can’t just be from the increase in polarization in Syracuse (as we saw in the City Court Judge article a few weeks ago). The City of Syracuse voter share is at their lowest and the town population has the highest voter registration on record.

As the Towns vote share has grown they have gotten more Democratic.  Democrats have been closing the gap in these traditionally republican strongholds.  In fact in 2020 for the first time Democrats have eclipsed Republicans in enrollment outside the City of Syracuse.  As we see the bulk of this growth has come since 2017 as the GOP has remained inert. The large number of non-enrolled voters in these towns is the key to winning countywide.  Democrats wanting to win need to penetrate this large voting bloc. 

This dramatic shift towards Democrats can be seen in the large suburban towns. Democrats are dominating in terms of enrollment and elected town positions in Dewitt and Manlius. Unfortunately the large Democratic advantage in Salina has not realized elected office gains.  Still when voting for county wide judges these three towns have produced for candidates in the past.  Clay may be the Texas of Onondaga County.  A large piece of real estate with the most voters in the county, however the Democratic advantage there has not led to any elected gains and it underperforms in county wide races.  Lysander and Cicero remain strong grounds for the GOP.  The key to future gains will be the towns of Geddes, Onondaga, Camillus and Van Buren.  Onondaga and Geddes just recently flipped to Democratic pluralities and Camillus is very close and probably will by the end of the year.  Van Buren is trending Democrats way but is probably a couple of years before it switches.

 Rural towns however still remain solidly Republican.  The Republican advantage in these towns are solid. However Democrats have made gains when opportunity presents itself.  Democrats have in the past seen opportunities in Spafford and Skaneateles when unpopular GOP regimes have made mistakes.  Pompey last year flipped when the GOP underwent a civil war.  That being said these local town successes have never developed into long term gains nor contributing to county wide campaigns,

It’s hard to determine a recent race to compare Onondaga County’s electorate to for this year’s Family Court race.  The last Family Court race Democrats seriously contested was 2012 when Julie Cecile won Family Court.  The race that I have been focused on to determine how Onondaga County reacts to local races is last year’s county clerk race.  The race had little fanfare and little money spent by either side and the Democrat came closer to winning that race than any other county wide race that year (except 1).  The margin was only 4566 votes and Democrats have gained 1927 in registration advantage since then.  However where Democrats hopes lie in the Family Court judge race is the over 105k voters that don’t vote in local years but do in Presidential.

 Julie Cerio and Christie DeJoseph were a recent guest on Zoom with Czarny.  You can find it on Spotify or watch in fb here: https://www.facebook.com/1752445941520827/videos/350997026068898.  You can find out more about the Democratic judicial candidates by going to their websites. https://www.juliecerioforfamilycourt.com/ & https://dejosephforjudge.com/

[newyorkprelawland-blog]

1964 Civil Rights Act Extension: Surprising Support From Conservative Justices

By Spencer Brooke Hayes, University at Albany, SUNY Class of 2021

August 31, 2020

Summer 2020 has been a rollercoaster of human rights campaigns and legislative decisions. We have witnessed where the American government continues to lack in its diplomacy and where positive historical moments were made. Not only has the United States’ population taken on police brutality through protest and outreach but several countries have stood alongside those fighting for a change. The COVID-19 pandemic has demonstrated how financial inequality has left a large portion of individuals without the means to pay their bills because of unemployment and the scarcity of resources. We as a society have witnessed the tragedy of inequality but there has been one glimmer of hope through all the negativity that has been surrounding us. In June, the Supreme Court acted to defend employees who identify themselves as being LGBTQ. The existing 1964 Civil Rights Act has been amended to include the protection of transgender employees.

The extended 1964 Civil Rights Act reads as followed,

“An employer violates Title VII when it intentionally fires an individual employee based in part on sex. It makes not different if other factors besides the plaintiff’s sex contributed to the decision or that the employer treated women as a group the same when compared to men as a group. A statutory violation occurs if an employee intentionally relies in part on an individual employee’s sex when deciding to discharge the employee. Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII. There is no escaping the role intent plays: Just as sex is necessarily a but for cause when an employer discriminates against homosexual or transgender employees, an employer who discriminates on these grounds inescapably intends to rely on sex in its decision making”[1]

This amendment provides the opportunity for millions of homosexual and transgender employees to be protected from workplace discrimination. Let’s start from the beginning and see how this decision came about to the Supreme Court.

There were several individual cases that were taken into consideration for the verdict. In 2013, Aimee Stephens’ Equal Employment Opportunity Commission complaint demonstrated the negativity she experienced when she informed her employer about her gender reassignment surgery[2]. Stephen had worked for RG & GR Harris Funeral Homes in Garden City, Michigan for 6 years and never expected that her gender reassignment surgery would result in her termination2. Two weeks after delivering her heartfelt letter about her decision to her supervisor, she was told that her position was terminated2. In her EEOC complaint, Stephen’s believed that she was fired because she was to identify as a woman rather than her birth assigned sex2.  In court, Stephen’s employer explained that she was fired because her sexual orientation and dress would “district” customers in their time of grief2. Stephens complaint was determined valid and that she was indeed unlawfully discriminated against by her previous employer2.

Scott Philips-Gartner filed an EEOC complaint in 2018 for workplace discrimination because of his sexual orientation2. Philips-Gartner alleges that he was subjected to gender discrimination, hostile work environment, and retaliation after he married his husband2. His employer, Norfolk Fire Department, initiated an internal investigation where they found no substantiation evidence and in response, the fire department was to open an investigation of Philips-Gartner for alleged “improper acquisition of a service dog2. After hearing a rumor that he was going to be fired, Philips-Gartner retired and found work as a private consultant2. These are only two instances that prompted the LGTBQ rights case.

The 6-3 decision to protect LGBTQ rights came as a surprise[3]. It was expected the four liberal justices would vote in favor for extending the coverage of anti-biasness to the transgender population but what wasn’t expected was the support of both Justice Gorsuch and Justice Robert3. Justice Gorsuch, President Trump appointee, is typically known for enforcing the law for how it is written3. Justice Roberts had yet to vote in favor of any prior gay rights cases and was greatly against the passage of the right to same-sex marriage3. As it was reported by CNN writer, Joan Biskupic, “The ruling that emerged in the consolidated LGBTQ cases reflects a new kind of consensus-building among the justices. The conservative majority is not a monolith that can be counted on to vote a certain way. Different conservative justices, following their own instincts and approaches, sometimes move left on the law”3.

The decision for Justice Gorsuch and Justice Robert to stand with the liberal justices marks a change in pace for the Supreme Court itself. Knowing that conservative judges can be swayed to vote positively towards cases that are normally struck down by them, there could be great change to come in the future. 

________________________________________________________________

[1]Supreme Court of the United States. 2020. “Bostock v Clayton County, Georgia”. United States Court of Appeals for the Eleventh Circuit. June 15. https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf

[2]Vasel, Kathryn. 2020. “Fired for being transgender: The fight for LGBTQ workers’ rights”. CNN Business. June 15. https://www.cnn.com/2019/06/14/success/workplace-discrimination-lgbtq/index.html

[3]Biskupic, Joan. 2020. “Exclusive: Anger, leaks and tensions at the Supreme Court during the LGBTQ rights case”. CNN Politics. July 28. https://www.cnn.com/2020/07/28/politics/neil-gorsuch-supreme-court-lgbtq-civil-rights-act-alito/index.html

[sinrau]

A defense attorney for the fired Minneapolis police officer charged with murder in connection with the death of George Floyd is asking a judge to drop all charges, arguing the 46-year-old man’s death was allegedly from a drug overdose and not caused by the officer planting his knee in the back of Floyd’s neck.

Defense attorney Eric J. Nelson filed the motion in Hennepin County, Minnesota, District Court on Friday, claiming prosecutors have failed to show probable cause for charging Derek Chauvin with second-degree unintentional murder, third-degree murder and second-degree manslaughter. Chauvin has pleaded not guilty to the charges.

Nelson contends Chauvin acted on his training from the Minneapolis Police Department (MPD) in the use of a “Maximal Restraint Technique” and did so out of concern that Floyd might harm himself or the officers struggling to arrest him.

The Minneapolis Police Department policy on “Maximal Restraint Technique” says it “shall only be used in situations where handcuffed subjects are combative and still pose a threat to themselves, officers or others, or could cause significant damage to property if not properly restrained.”

Nelson also included Minneapolis Police Department training materials on the proper use of the “Maximal Restraint Technique,” in which photos show demonstrations of officers simulating putting their knee on a handcuffed subject’s neck. Nelson argued the training material appeared to contradict a statement made shortly after the incident by Minneapolis Police Chief Medaria Arradondo that he had not seen “anything that says you place your knee on someone’s neck when they’re facedown, handcuffed.”

“Thus, any risk created by Mr. Chauvin’s conduct lies largely with those who train MPD officers and those who approve such training,” Nelson wrote in the motion filed on Friday.

Nelson also cited the autopsy conducted on Floyd that found fentanyl and methamphetamine in his system, a combination of drugs Nelson says is known as a speedball. He noted that the Hennepin County Medical Examiner’s post-mortem report showed Floyd had arteriosclerotic and hypertensive heart disease, hypertension and sickle cell trait. Floyd also purportedly told the officers that he had contracted COVID-19 and was still positive for the virus at the time of his death, a claim confirmed by his autopsy.

In an image made from video posted to Facebook, a Minneapolis police officer kneels on the neck of a man identified by a family attorney as George Floyd, May 25, 2020. Floyd died shortly after the incident.

In an image made from video posted to Facebook, a Minneapolis police officer kneels on the neck of a man identified by a family attorney as George Floyd, May 25, 2020. Floyd died shortly after the incident.

“Put simply, Mr. Floyd could not breathe because he had ingested a lethal dose of fentanyl and, possibly, a speedball. Combined with sickle cell trait, his pre-existing heart conditions, Mr. Floyd’s use of fentanyl and methamphetamine most likely killed him,” Nelson argued. “Adding fentanyl and methamphetamine to Mr. Floyd’s existing health issues was tantamount to lighting a fuse on a bomb.”

Nelson added a footnote quoting Hennepin County Medical Examiner Dr. Andrew Baker saying, “If [Mr. Floyd] were found dead at home alone and no other apparent causes, this could be acceptable to call an OD.”

A Sept. 11 court hearing before Judge Peter Cahill has been scheduled on the motion filed by Nelson.

The attorney for Floyd’s family, Benjamin Crump, did not respond to an ABC News request for comment on the motions. Previously, Crump stated regarding the drugs in Floyd’s system, “The cause of death was that he was starving for air. It was lack of oxygen. And so everything else is a red herring to try to throw us off.”

An independent autopsy ordered by Floyd’s family found his death was a “homicide caused by asphyxia due to neck and back compression that led to a lack of blood flow to the brain.”

A viral cellphone video of Floyd’s fatal arrest on May 25 showed Chauvin with his knee on the back of Floyd’s neck while he was handcuffed and prone on the ground next to a police patrol vehicle. Two other officers, Thomas Lane and J. Alexander Kueng, are seen in the footage helping Chauvin restrain Floyd, whom they initially confronted when they responded to a 911 complaint that Floyd had allegedly used a phony $20 bill to purchase cigarettes at the Cup Foods store in Minneapolis.

The footage of Floyd’s arrest showed him repeatedly saying “I can’t breathe” and calling out for his dead mother before his body went listless. Floyd was taken by ambulance to a hospital, where he was pronounced dead.

Floyd’s death sparked nationwide outcry and massive protests across the U.S. and around the world against racial injustice. The episode, the latest in a string of police killings of unarmed Black people in the United States, has become a rallying cry against police brutality and part of a call to defund law enforcement agencies.

Lane, Kueng and Officer Tou Thao, who arrived at the scene with Chauvin when back-up was requested, have all been terminated from the Minneapolis Police Department and charged with aiding and abetting second-degree murder in the death of Floyd.

Lane, Kueng, and Thao have not yet entered pleas — in court documents, attorneys for Thao and Kueng said their clients intend to plead not guilty to the charges.

Attorneys for Lane, Kueng and Thao have also asked that charges against them be dropped. Cahill has yet to render a decision on those motions.

Prosecutors in the case filed a notice on Friday saying they intend to seek an “upward sentencing departure” from state judicial guidelines if the defendants are found guilty at trial, tentatively scheduled for March 2021.

Former Minneapolis police officer Derek Chauvin is pictured in a booking photo released by the Hennepin County Jail.

Former Minneapolis police officer Derek Chauvin is pictured in a booking photo released by the Hennepin County Jail.

“Mr. Floyd was treated with particular cruelty,” prosecutors wrote in their notice. “Despite Mr. Floyd’s pleas that he could not breathe and was going to die, as well as the pleas of eyewitnesses to get off Mr. Floyd and help him, Defendant and his co-defendants continued to restrain Mr. Floyd.”

But Nelson argued in court papers that Chauvin and the other officers were trying to protect Floyd, who he alleged was acting erratically and resisting arrest, from injuring himself by “falling and hitting his head on the sidewalk, being struck by an oncoming vehicle, or in his struggles, injuring himself against the squad car.”

“Mr. Chauvin demonstrated a concern for Mr. Floyd’s well-being — not an intent to inflict harm,” Nelson wrote in the motion.

He said Chauvin was “clearly being cautious about the amount of pressure he used to restrain Mr. Floyd” and pointed out that in the video Floyd was able to raise his head several times while he was prone on the ground.

“If Mr. Chauvin’s knee had been on the structure of Mr. Floyd’s neck, he would not have been able to lift his head,” Nelson wrote.

He also claimed that as the officers were restraining Floyd they requested a “code 3” response from emergency medical services requiring an ambulance responding to the scene to use lights and sirens, and that the officers together decided against the using a hobble restraint device on Floyd “which would have significantly delayed the transfer of Mr. Floyd into the ambulance and also have required an MPD sergeant to respond to the scene.”

George Floyd is pictured in an undated photo released by the office of Civil Rights Attorney Ben Crump.

George Floyd is pictured in an undated photo released by the office of Civil Rights Attorney Ben Crump.

Nelson again cited the autopsy report that found no bruising or evidence of trauma on the back of Floyd’s neck, his neck muscles or his back.

The Hennepin County Medical Examiner’s office ruled Floyd’s death a homicide, finding he perished as the result of “cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression.”

Floyd’s death has been roundly condemned by law enforcement, politicians and protesters nationwide and has been held up as an exhibit of excessive use of force by police.

Just days after the incident, President Donald Trump expressed the “nation’s deepest condolences and most heartfelt sympathies to the family of George Floyd.”

“Terrible, terrible thing that happened,” Trump said on May 29, adding that he had asked the U.S. Department of Justice to expedite a federal investigation into the death. “We all saw what we saw and it’s very hard to even conceive of anything other than what we did see. It should never happen. It should never be allowed to happen, a thing like that. But we’re determined that justice be served.”

Officer charged in George Floyd’s death argues drug overdose killed him, not knee on neck

[janepwilliams87]

VA lawmakers announce legal cannabis plans (Newsletter: July 6, 2020)

ID medical marijuana campaign likely to sue for ballot access; OK melts dreams of THC slushies; Senate votes to study cannabis and vaping

Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day.

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By starting a $10 per month pledge on Patreon—or about 45 cents per issue of this newsletter—you can help us rely less on ads to cover our expenses, hire more journalists and bring you even more marijuana news. https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW Just one day after a new law decriminalizing marijuana possession took effect, Virginia’s House majority leader and other lawmakers announced plans to pursue broader cannabis legalization in the state.

“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do.”

Idaho’s medical cannabis campaign is “likely” to pursue the same legal accommodations for electronic signature gathering that a federal judge granted to an unrelated initiative.

“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court. I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”

Oklahoma regulators are melting medical cannabis patients’ summer dreams of THC-infused slushies with a new “Slushy-Machine Guidance” memo that says the icy beverages are not likely to comply with state rules for marijuana packaging and testing.

/ FEDERAL The Naval Criminal Investigative Service said that investigations of alleged LSD offenses in the service increased nearly 70% in the first three months of 2020. The Senate passed an e-cigarette restriction bill that includes a provision requiring a study on the relationship between marijuana use by high school students and vaping and smoking. Georgia congressional candidates spoke about their positions on marijuana legalization. / STATES Pennsylvania’s lieutenant governor tweeted, “I don’t know who needs to hear this jk I know who- but earnestly reforming our state prison system + legalization of marijuana could generate half of this COVID-19 deficit. It would, however, could have other unintended consequences like justice and personal freedom.” New York’s Assembly majority leader said that “there’s no question that some of the things that are going on with law enforcement are because they smell marijuana.” The co-chair of the New Mexico House Taxation Committee says the legislature will take up marijuana legalization again in January. Wisconsin regulators posted guidance on a new hemp pilot research program emergency rule. Ohio regulators will consider medical cannabis rules on Tuesday and Wednesday. Iowa regulators posted updated lists of hemp licensees and businesses selling hemp seeds. — Marijuana Moment is already tracking more than 1,500 cannabis bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / INTERNATIONAL The British Virgin Islands House of Assembly approved a bill to legalize medical cannabis. The Santa Fe, Argentina Municipal Council approved legislation allowing the cultivation of medical cannabis. / SCIENCE & HEALTH A study found that cannabis use “by ancient civilizations as a source of food and textile fibers dates back over 10,000 years, while its therapeutic applications have been improved over the centuries, from the ancient East medicine of the 2nd and 1st millennium B.C. to the more recent introduction in the Western world after the 1st century A.D.” A review found that “studies have revealed [marijuana’s] use as anti-bacterial, anti-fungal, anti-cancer, anti-inflammatory and improving testicular function in rats. / ADVOCACY, OPINION & ANALYSIS South African cannabis activists Jules Stobbs was murdered during a robbery. / BUSINESS Organigram Holdings Inc. reduced its workforce by approximately 25%. MedMen Enterprises Inc. announced a financial restructuring and turnaround plan that will defer approximately $32 million in cash commitments over the next year and dilute shareholders.

Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox.

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The post VA lawmakers announce legal cannabis plans (Newsletter: July 6, 2020) appeared first on Marijuana Moment.

from Updates By Jane https://www.marijuanamoment.net/va-lawmakers-announce-legal-cannabis-plans-newsletter-july-6-2020/

[vignaniasacademy]

06th June 2020 Current affairs & Daily News Analysis

Sixth mass extinction may be one of the most serious environmental threats

The ongoing sixth mass extinction may be one of the most serious environmental threats to the persistence of civilisation, according to new research published in the journal Proceedings of the National Academy of Sciences of the United States of America (PNAS) About: Names: This ongoing extinction of species, which coincides with the present Holocene epoch is known as Holocene extinction, Sixth extinction or Anthropocene extinction. Background: In the history of Earth we’ve had five major extinction events in the history of life.The five mass extinctions that took place in the last 450 million years have led to the destruction of 70-95 % of the species of plants, animals and microorganisms that existed earlier. The most recent was about 65 million years ago when an asteroid crashed into the Yucatán and took out the dinosaurs, changing the climate dramatically.  Important Info : Sixth extinction vs earlier five extinctions This ongoing extinction of species is a result of human activity. Earlier extinctions were caused by “catastrophic alterations” to the environment, such as massive volcanic eruptions, depletion of oceanic oxygen or collision with an asteroid.The current rate of extinction of species is estimated at 100 to 1,000 times higher than natural background rates.This large number of extinctions spans numerous families of plants and animals, including mammals, birds, amphibians, reptiles and arthropods.  Source : Indian Express (Environment) Best UPSC Civil Services Current affairs The Times Higher Education (THE) Asia University Ranking for 2020 was launched recently

About: Times Higher Education (THE) is a weekly magazine based in London, reporting specifically on news and issues related to higher education. The Times Higher Education (THE) Asia University Rankings 2020 use the same 13 performance indicators as the THE World University Rankings. The universities are judged in four core areas: (1) Teaching, (2) Research, (3) Knowledge Transfer and (4) International Outlook. Key Findings: China is home to the continent’s top two universities for the first time this year, as Tsinghua University is ranked 1 and Peking University is ranked 2. With eight institutes in the top 100, India is the third most represented country in the Ranking. The Indian Institute of Science (IISc) Bangalore retains its top position in the country by attaining the 36th spot globally. Eight Indian Institutes of Technology (IITs) have also been featured in the top 100. Source : Indian Express (Education) Best UPSC Civil Services Current affairs At the virtual UK-hosted Global Vaccine Summit 2020, Prime Minister Narendra Modi announced that India will contribute $15 million to an international vaccine alliance, GAVI

GAVI GAVI, officially Gavi, the Vaccine Alliance, is a public–private global health partnership with the goal of increasing access to immunisation in poor countries. GAVI has observer status at the World Health Assembly. It was founded in 2000 and is located at Geneva, Switzerland. The Vaccine Alliance brings together developing country and donor governments, the World Health Organization, UNICEF, the World Bank, the vaccine industry, technical agencies, civil society, the Bill & Melinda Gates Foundation and other private sector partners.  Important Info : Global Vaccine Summit 2020 London At the summit, GAVI launched the ‘Gavi Advance Market Commitment for COVID-19 Vaccines (Gavi Covax AMC)’, a new financing instrument aimed at incentivising vaccine manufacturers to produce sufficient quantities of eventual COVID-19 vaccines, and to ensure access for developing countries.The Gavi Covax AMC is being launched with an initial goal of raising US$ 2 billion.  Source : Times of India (International Relations) Best UPSC Civil Services Current affairs The Ministry of Statistics and Programme Implementation released the latest Periodic Labour Force Survey (PLFS). The survey was conducted during July 2018-June 2019

Key Findings: India’s unemployment rate improved from the 45-year high of 6.1% in 2017-18 to 5.8% in 2018-19. Women’s unemployment fell from 5.7% to 5.2%, while male unemployment only fell from 6.2% to 6%. Urban unemployment was still at a high of 7.7% in 2018-19, a marginal drop from 7.8% in 2017-18, while rural unemployment fell from 5.3% to 5%. The Labour Force Participation Rate (LFPR) also improved marginally, from 36.9% in 2017-18 to 37.5% in 2018-19. Unemployment rate, however, rose among Scheduled Castes to 6.4 % from 6.3 %, and for Scheduled Tribes to 4.5 % from 4.3 %. But unemployment rate among Other Backward Classes inched lower to 5.9 % from 6 %. In 2018-19, unemployment rate for youth in the 15-29 years age bracket was 17.3 %, as against 17.8 % a year ago. Unemployment rate among urban youth was higher than the all-India number at 20.2 % as against 20.6 % a year ago. Important Info : Labour Force Participation Rate (LFPR) is defined as the percentage of persons in labour force (i.e. working or seeking or available for work) in the population.Worker Population Ratio (WPR) is defined as the percentage of employed persons in the population.Unemployment Rate (UR) is defined as the percentage of persons unemployed among the persons in the labour force.  Source : Indian Express (Economy) Best UPSC Civil Services Current affairs Retirement fund body, Employees' Provident Fund Organisation (EPFO) said it has released Rs 868 crore pension along with Rs 105 crore arrear on account of restoration of commuted value of pension

About: The government, had, in February this year notified the restoration of full pension after 15 years of retirement for pensioners who have commuted part of their pension at the time of retirement. This has resulted in a substantial increase in pension for those EPFO pensioners who retired before September, 26, 2008 and had opted for partial commutation of pension. Commutation of pension will cost the government Rs 1500 crore. The higher pension benefit will be restored after 15 years from the date of receiving commuted pension at the time of retirement. This means an individual who retired on April 1, 2005, would be eligible to receive the benefit of higher pension after 15 years i.e. from April 1, 2020.  Important Info : As per Employees' Pension Scheme (EPS) rules, an EPFO member who retired before September 26, 2008 could get maximum one-third of pension as lump-sum i.e. commuted pension and remaining two-thirds was paid as monthly pension to an employee for his/her lifetime. As per current EPF rules, EPFO members do not have an option to receive the commutation benefit.EPFO is an organisation under labour ministry that administers EPF and EPS schemes.  Source : Economic Times (Economy) Best UPSC Civil Services Current affairs Union Electronics and IT Minister announced three schemes, with a ₹48,000-crore outlay, for setting up of large number of electronic and mobile manufacturing units in the country

Production Linked Incentive Scheme (PLI) for Large Scale Electronics Manufacturing (outlay of nearly ₹41,000 crore) The PLI Scheme shall extend an incentive of 4% to 6% on incremental sales (over base year) of goods manufactured in India and covered under the target segments, to eligible companies, for a period of five years subsequent to the base year. Scheme for Promotion of Manufacturing of Electronic Components and Semiconductors (SPECS) (outlay of about ₹3,300 crore) The SPECS shall provide financial incentive of 25% on capital expenditure for the identified list of electronic goods, i.e., electronic components, semiconductor/ display fabrication units, Assembly, Test, Marking and Packaging (ATMP) units, specialized sub-assemblies and capital goods for manufacture of aforesaid goods.  Modified Electronics Manufacturing Clusters (EMC 2.0) Scheme (about ₹3,800 crore) The EMC 2.0 shall provide support for creation of world class infrastructure along with common facilities and amenities, including Ready Built Factory (RBF) sheds / Plug and Play facilities for attracting major global electronics manufacturers, along with their supply chains.  Important Info : Benefits The Schemes will help offset the disability for domestic electronics manufacturing and hence, strengthen the electronics manufacturing ecosystem in the country.The three new schemes are expected to attract substantial investments, increase production of mobile phones and their parts to around 10 lakh crore by 2025. It will also generate around five lakh direct and 15 lakh indirect jobs. Do you know? According to Union Electronics Minister, India’s global share in electronics has risen form 1.3 % in 2012 to 3 % in 2018. India has become the second largest manufacturer of mobile phones in the world. From just two mobile manufacturing factories, the country has now 200 such units.  Source : All India Radio (Economy) Best UPSC Civil Services Current affairs Russian President Vladimir Putin declared a state of emergency after 20,000 tonnes of diesel oil to spilled into Ambarnaya river, turning its surface crimson red

About: Ambarnaya is a shallow river in Siberia, Russia which flows in a northerly direction into Lake Pyasino. On leaving Lake Pyasino, the waters emerge as the Pyasina River. The Ambarnaya river is part of a network that flows into the environmentally sensitive Arctic Ocean. Important Info : May 2020 Diesel spill On May 29, 2020, an estimated 20,000 tonnes of Diesel oil leaked into the river following the collapse of a power plant owned by Norilsk Nickel.With a 12 km stretch of river seriously affected, Russia's president Vladimir Putin declared a state of emergency within Russia’s Krasnoyarsk Region, located in the Siberian peninsula. Source : Indian Express (Geography) Best UPSC Civil Services Current affairs Supreme Court ordered that a plea to change India’s name exclusively to ‘Bharat’ be converted into a representation and forwarded to the Union government, primarily the Ministry of Home Affairs, for an appropriate decision About: The petition, seeks an amendment to Article 1 of the Constitution, to change India’s name exclusively to ‘Bharat’. It wants ‘India’ to be struck off from the Article. Bharat and India are both names given in the Constitution. India is already called ‘Bharat’ in the Constitution. Article 1 of the Constitution, says “India, that is Bharat, shall be a Union of States”. Important Info : Arguments By Petitioner: ‘India’ is a name of foreign origin. The name can be traced back to the Greek term ‘Indica’. Instead, The word ‘Bharat’ is closely associated to our Freedom Struggle. The cry was ‘Bharat Mata ki Jai’.”This will ensure citizens of this country to get over the colonial past and instil a sense of pride in our nationality. It will also justify the hard fought freedom by our freedom fightersThere should be uniformity in the name of the nation. There are many names of India like Republic of India, Bharat, India, Bharat Ganarajya, etc, thus creating confusion. Arguments against: The Supreme Court had dismissed a similar petition in 2016. Then CJI T.S. Thakur had said that every Indian had the right to choose between calling his country ‘Bharat’ or ‘India’.The name India derives ultimately from Sanskrit Síndhu which was the name of the Indus River as well as the country at the lower Indus basin. Source : Times of India (Polity & Goverance) Best UPSC Civil Services Current affairs Prime Minister Narendra Modi condoled the death of veteran filmmaker Basu Chatterjee, the torchbearer of Hindi ‘middle-of-the-road’ cinema. He passed away due to age-related illness at the age of 90

About: Basu Chatterjee (1930 – 2020) was an Indian film director and screenwriter. Through the 1970s and 1980s, alongwith filmmakers such as Hrishikesh Mukherjee and Basu Bhattacharya, he was the torchbearer of Hindi middle-of-the-road cinemae. the light-hearted, middle class, family dramas that emerged as a parallel narrative to the more mainstream Angry Young Man movies. He is best known for his films Chhoti Si Baat, Chitchor, Rajnigandha, Ek Ruka Hua Faisla etc. He directed the TV Series Byomkesh Bakshi and the popular Rajani (TV series) for Doordarshan both of which were successful TV serials.  Source : The Hindu (Person in News) Best UPSC Civil Services Current affairs Pangong Tso is the site of eye-to-eye confrontation between Indian and Chinese troops, following a scuffle in early May. Both sides have ramped up their troop presence but "disengagement" process is also underway About: Pangong Tso is a long narrow, deep, endorheic (landlocked) lake situated at a height of about 4,350 m in the Ladakh Himalayas. It is 134 km long and 5 km wide at its broadest point. In the Ladakhi language, Pangong means extensive concavity, and Tso is lake in Tibetan. The brackish water lake freezes over in winter, and becomes ideal for ice skating and polo. It is not a part of the Indus river basin area and geographically a separate landlocked river basin. The lake is not a Ramsar site yet. It is in the process of being identified under the Ramsar Convention as a wetland of international importance. Important Info : Line of Actual Control (LAC) and Pangong Tso lake The disputed boundary between India and China, also known as the Line of Actual Control (LAC), mostly passes on the land, but Pangong Tso is a unique case where it passes through the water as well.The points in the water at which the Indian claim ends and Chinese claim begins are not agreed upon mutually. As things stand, 45 km-long western portion of the lake is under Indian control, while the rest is under China’s control.By itself, the lake does not have major tactical significance. But it lies in the path of the Chushul approach, one of the main approaches that China can use for an offensive into Indian-held territory. Fingers in the lake: The barren mountains on the lake’s northern bank, called the Chang Chenmo, jut out like a palm and the various protrusions are referred to as 'fingers.'While India claims that the LAC starts at Finger 8, China claims that it starts at Finger 2, which is presently dominated by India. India physically controls area only up to Finger 4. Source : Indian Express (Geography) Best UPSC Civil Services Current affairs Daily Current affairs and News Analysis Best IAS Coaching institutes in Bangalore Vignan IAS Academy Contact Vignan IAS Academy Enroll For IAS Foundation Course from Best IAS / IPS Training Academy in Bangalore

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Federal judge orders Weld County sheriff to protect health of jail inmates during pandemic Sheriff Steve Reams has violated the constitutional rights of inmates against cruel and unusual punishment, order says

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Colorado News

A federal judge Monday ruled the treatment of inmates in the Weld County jail during the COVID-19 pandemic violated constitutional protections against cruel and unusual punishment.  

As a result, U.S. District Court Chief Judge Philip A. Brimmer ordered the county’s sheriff, Steve Reams, to identify inmates who have underlying health conditions and implement enhanced social distancing measures designed to protect them from the highly contagious disease. 

The order comes after the ACLU of Colorado and civil rights attorneys in April filed a class-action lawsuit in the federal district court on behalf of five inmates who have underlying health conditions that make them vulnerable to COVID-19, a disease that has infected at least eight inmates and four staff at the jail. On April 1, 78-year-old Charlie Peterson died of COVID-19 two days after he was released from the Weld County jail. 

The judge found that Sheriff Reams acted in “purposeful disregard of the elevated risk of harm that COVID-19” poses to inmates, at times placing up to five inmates in a single cell. The sheriff “does not have any policy or procedure designed to minimize the risk to medically vulnerable inmates from contracting COVID-19,”  the judge said, calling the absence of such policies a violation of Eighth Amendment protections against cruel and unusual punishment. Quoting the 1987 Turner v. Safley case, the judge said, “[p]rison walls do not form a barrier separating prison inmates from the  protections of the Constitution.”

In addition to enhanced social distancing for medically vulnerable inmates, the judge ordered the sheriff to create a new intake procedure for medically vulnerable inmates to be single-celled or socially distanced and to implement “enhanced sanitation” practices and distribute more face masks. The sheriff has until May 21 to enact the policies. 

A spokesman for the Weld County sheriff’s office said he does not have a comment at this time. 

Mark Silverstein, the legal director for ACLU of Colorado, said attorneys may consider requesting that the medically vulnerable plaintiffs be released if the new policies don’t do enough to protect the inmates. 

The ruling comes as the number of cases in jails and the state’s prison continues to mount. The downtown Denver jail has 84 inmates with lab-confirmed COVID-19. Meanwhile, 329 inmates have tested positive in the Sterling state prison and another 37 inmates at the CoreCivic-run Crowley prison. In all, at least two jail and two prison inmates are presumed by the state to have died of COVID-19 in Colorado. 

Said Silverstein, “This ruling should be required reading for not only all sheriffs in the state, but also the director of the Department of Corrections.”

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