Archive

Posts Tagged ‘Restraining Order’

Could you sue a business if..?

May 31st, 2011 3 comments

Ohkay so my Family got a storage unit in Pennsylvania because that is where we lived, but my pap was on his death bed in Florida so we moved down there for three years. We paid every payment when we were down there. We moved back to P.A and when to get things out of there but we found out that they tore off a end unit beside ours and failed to patch up our side. The top was completely exposed and the cocking on the bottom was NOT done right. All our things were ruined. All our family videos, picture, sentimental things from family members that are dead, and things that were passed on through family. We have a video of what the unit looked like and all the openings. Well, we stoped paying because we were not going to pay for ruin things. They wanted us to sign that they worn’t responsible for any damage and then we could take it all, we are not stupid so we did not sign. Well, they sold EVERYTHING with out telling us. What would you do and what type of lawyer would you get? No where in the contract did they say that they were going to be negligent, so the contract is out the window I’d believe. It was there job to protect our stuff. Everything was moldy and there were spiders and snake skins and mouse droppings. We paid OVER 13,000$ for that place to take care of our stuff. We tried getting ahold of them before we stoped paying but you have no idea how hard it is to get ahold of someone high up. There has to be SOME type of legal actions to take. We have a video that shows how it was. My Dad recorded it. And the the papers we signed before hand stated they can’t sell anything without telling us, and they didn’t.

Yes, you can sue, and you will most likely win. Go to a competent lawyer, have a restraining order put against them for doing business until they can prove your stuff is no longer on their property. Sue the parent company, the company with whom you did business, and all management individually for breech of contract. They will most likely settle within days. Best of luck.

Could Terri Jones be Held Liable if He Causes Harm?

March 27th, 2011 10 comments

Is the Proposed Koran Burning a Mass Tort? Could there be Liability if Harm Occurs?
This looks a lot like a slow motion disaster in the making.

Terry Jones, the pastor of the Dove World Outreach Center in Florida who is at the center of the Koran uproar, has so far resisted calls to cancel the bonfire.

President Obama and Eric Holder feel that there’s absolutely nothing they can do, apart from giving speeches, of course.

They have mis-interpreted the First Amendment, contrary to 230 years of US law, which is available in all law libraries. They feel that the First Amendment gives everybody an absolute right to say anything they want any time they want anywhere they want. They have decided to utterly disregard hundreds of Supreme Court cases that say that freedom of speech is limited (like every other right in the Bill of Rights).

One man’s right to free speech ends when that speech is highly likely to cause death or great bodilty harm to another person. Gen. Petraeus is on record in sworn testimony before the Congress that death or great bodily harm is the likely consequence of Terri Jones proposed speech act.

And yet the spineless, wormlike, Jellywaggle Blancmange Obamination — who has never seen any evil anywhere that he was willing to stand up to, says that he and Eric Holder’s hand are tied, there’s not a thing they can do — no injunction — no restraining order — not a thing — they are helpless.

Does that mean that every tort lawyer in the world is also helpless — and will be completely passive and inert if Terri Jones does his act and harm actually ensues.

See, then it’s not a First Amendment issue. The First Amendment is about prior restraint by the Federal government, not about tort suits brought after harm has been done by private tort lawyers.

Terri Jones and his Church and possibly his congregation members who participate in his act might very well be liable in civil law for all deaths and injuries that occur as proximate results of the proposed Koran burning. If a jury is satisfied that act A caused result B, and that result B was a clearly foreseeable consequence of act A, and that harm was done, then liability can be imposed as a matter of civil law. It’s called a mass tort — where a lot of people are hurt from a single act done by a single party — Terri Jones and his Church.

I think there’s also a case for damages based on the costs of increased security precautions that had to be put in place as a proximate result of the conduct of Terri Jones. So it’s like the Balloon Boy situation. One person causes a costly mass alarm that imposes otherwise unecessary costs on officials and law enforcement and security professionals.

Between these two torts Terri Jones will be out of business.

I think there’s also a Federal law that prevents malfeasors from profiting from book deals they make based on their bad acts. There may be a Florida law as well.

The fact that the President is a Jellywaggle Blancmange does not mean that Terri Jones is completely beyond the reach of American and world justice.

If the bad act is done the bad Karma will come to Terri Jones. I speak as a former member of the American Trial Lawyers Association (now retired).

We are not helpless.

We are not spineless.

When we see evil, we do something about it.
To the many out there who simply have no idea what the First Amendment protects, I have this question:

If Terri Jones shouted "Fire!" in a crowded theatre, when there was no fire, would his speech be protected by the First Amendment in your opinion?

Do you feel that the Supreme Court of the United States, in 100 opinions dating back 70 years, might possibly know more about the First Amendment, and what it protects, than you do based on Civics 101 that you slept through in High School?

Doh!

I would not allow him to get to that point, This would all be long over. My deputy’s would have already handled the
matter to my request, And we would be doing what we
are paid to do. Which is to continue to protect and serve.

Koran Burning — Does Obama’s Helplessness Mean that Everybody is Helpless?

March 24th, 2011 8 comments

Could Terri Jones be Held Liable if He Causes Harm?
Is the Proposed Koran Burning a Mass Tort? Could there be Liability if Harm Occurs?
This looks a lot like a slow motion disaster in the making.

Terry Jones, the pastor of the Dove World Outreach Center in Florida who is at the center of the Koran uproar, has so far resisted calls to cancel the bonfire.

President Obama and Eric Holder feel that there’s absolutely nothing they can do, apart from giving speeches, of course.

They have mis-interpreted the First Amendment, contrary to 230 years of US law, which is available in all law libraries. They feel that the First Amendment gives everybody an absolute right to say anything they want any time they want anywhere they want. They have decided to utterly disregard hundreds of Supreme Court cases that say that freedom of speech is limited (like every other right in the Bill of Rights).

One man’s right to free speech ends when that speech is highly likely to cause death or great bodilty harm to another person. Gen. Petraeus is on record in sworn testimony before the Congress that death or great bodily harm is the likely consequence of Terri Jones proposed speech act.

And yet the spineless, wormlike, Jellywaggle Blancmange Obamination — who has never seen any evil anywhere that he was willing to stand up to, says that he and Eric Holder’s hand are tied, there’s not a thing they can do — no injunction — no restraining order — not a thing — they are helpless.

Does that mean that every tort lawyer in the world is also helpless — and will be completely passive and inert if Terri Jones does his act and harm actually ensues.

See, then it’s not a First Amendment issue. The First Amendment is about prior restraint by the Federal government, not about tort suits brought after harm has been done by private tort lawyers.

Terri Jones and his Church and possibly his congregation members who participate in his act might very well be liable in civil law for all deaths and injuries that occur as proximate results of the proposed Koran burning. If a jury is satisfied that act A caused result B, and that result B was a clearly foreseeable consequence of act A, and that harm was done, then liability can be imposed as a matter of civil law. It’s called a mass tort — where a lot of people are hurt from a single act done by a single party — Terri Jones and his Church.

I think there’s also a case for damages based on the costs of increased security precautions that had to be put in place as a proximate result of the conduct of Terri Jones. So it’s like the Balloon Boy situation. One person causes a costly mass alarm that imposes otherwise unecessary costs on officials and law enforcement and security professionals.

Between these two torts Terri Jones will be out of business.

I think there’s also a Federal law that prevents malfeasors from profiting from book deals they make based on their bad acts. There may be a Florida law as well.

The fact that the President is a Jellywaggle Blancmange does not mean that Terri Jones is completely beyond the reach of American and world justice.

If the bad act is done the bad Karma will come to Terri Jones. I speak as a former member of the American Trial Lawyers Association (now retired).

We are not helpless.

We are not spineless.

When we see evil, we do something about it.
To the many out there who simply have no idea what the First Amendment protects, I have this question:

If Terri Jones shouted "Fire!" in a crowded theatre, when there was no fire, would his speech be protected by the First Amendment in your opinion?

Do you feel that the Supreme Court of the United States, in 100 opinions dating back 70 years, might possibly know more about the First Amendment, and what it protects, than you do based on Civics 101 that you slept through in High School?

Doh!
To Trader G.

Your characterization of my position clearly indicates that you did not read any part of it. If you had, you would know that my concern is force protection and for other Americans worldwide. Were you more circumspect and better informed, you would know that a lot of violence happened based on the Abu Gharaib photos, and the Gitmo Koran flushing. I know you will be there at Dover when the caskets come back from the extra Americans killed directly on account of the Terri Jones free speech occurance. You will explain to the families how Petraeus’ warning should properly have been ignored, and how the issuance of an injunction against Terri Jones would entail the complete and total cessation of all free speach by all Americans forever after. You will go on to explain that people always have a right to shout "Fire!" in a crowded theather when there is no fire. If somebody gets hurt — too bad. That’s the price we pay for an absolutist version of the First Amendment. Think!

The whole thing is blown out of proportion..
This man is only using his right to free speech, or do you want it like the E.U. ??
A hate speech crime to speak out against Islam. When that day happens you can get your burquas ready ladies or face being stoned.

http://www.cbn.com/cbnnews/world/2010/September/Austrian-Faces-Charges-for-Criticizing-the-Koran/

P

How would you feel if this happened in your city,county or state with illegal immigrants?

April 9th, 2010 4 comments

Mo. town outraged over killings, illegal immigrant
http://www.magicvalley.com/articles/2009/03/20/ap/us/d971tl300.txt
By JIM SALTER
HANNIBAL, Mo. – A Hannibal police officer was finishing up mundane paperwork on a quiet Saturday morning when Manuel Cazares walked into the station, blood splattered on his hands and shoes.

Cazares put his hands out, crossed them, and told the officer to arrest him.

"I killed two people," he allegedly said.

Details surrounding the allegations are far too common: an abusive relationship, a jilted lover, a sudden attack.

But some in this Mississippi River community of 17,000 best known as Mark Twain’s hometown aren’t just outraged by the violence. They also question why Cazares was in Hannibal at all.

Cazares admitted after his arrest that he is an illegal immigrant from the Mexican state of Michoacan. The 32-year-old had several run-ins with law enforcement before the homicides, but officials had never questioned his legal status.

Now he is charged with two counts of second-degree murder and armed criminal action in the Feb. 28 deaths of his ex-girlfriend, 27-year-old Amanda Thomas, and 25-year-old Carl Patrick Epley.

"I don’t know how this happens," said Tina White-Masengill, Thomas’ sister. "My stepdad told police many times, ‘I don’t even think the guy’s a legal citizen.’"

During his three years in Hannibal, Cazares managed to avoid detection, despite a few traffic violations and a property damage conviction after an arrest for allegedly beating up Thomas and tearing up her home. Thomas had a restraining order against Cazares, who got probation in the property-damage case.

Police say his name wasn’t in a database maintained by Immigration and Customs Enforcement. Police and Cazares’ boss also say he had authentic-looking identification, including a Social Security card. And police noted that Cazares speaks fluent English.

Cazares’ attorney did not return phone messages seeking comment. Cazares is being held in lieu of $1 million bond.

Hannibal police declined several interview requests from The Associated Press, but said soon after the killing that they had received several angry calls, some with racial overtones.

Days after the killings, rocks were thrown through plate-glass windows at the Mexican restaurant where Cazares worked. The FBI decided against opening a hate-crime investigation after concluding that it was vandalism, not retaliation.

Hundreds of messages related to the case were posted on the Hannibal Courier-Post Web site, with several questioning why authorities hadn’t been able to determine Cazares’ legal status before. One suggested police should conduct raids to seek out other illegal immigrants.

"Of course we have folks who say that’s unconstitutional and racial profiling so we have to ignore the problem until this sort of terrible tragedy takes place," the posting read. The newspaper eventually took down the postings.

At a news conference, police Capt. James Hark told reporters that tracking illegal immigrants is a federal responsibility. He said the department is sympathetic to the victims’ families, "but, in retrospect, there’s nothing in the system that would have prevented this from happening."

ICE spokesman Carl Rusnok said the agency seeks to work closely with local police to uncover illegal immigrants.

"When local law enforcement suspect that they have arrested an illegal alien on criminal charges, we encourage them to forward those suspicions to ICE, where we will make the appropriate determination whether that person is in the country legally or illegally, and whether he is deportable," Rusnok said.

The relationship between Cazares and Thomas had long been rocky, with Thomas seeking restraining orders in 2007 and again early last year. Marion County prosecutor Tom Redington said the first order was dismissed when Thomas failed to appear at a court hearing; the second was dismissed at her request.

Thomas made a third attempt around Thanksgiving and obtained a restraining order that was supposed to keep Cazares away from the small brick duplex where she lived with their 20-month-old son and a 7-year-old daughter from a previous relationship.

Yet neighbors said they often saw Cazares in the area.

"We pulled up one night and he drives up the street with his car lights off and just sits there watching her house," said neighbor Charles Thomas, who is not related to the victim.

In early February, Thomas told police she thought Cazares was stalking her. White-Masengill said her sister played cell phone messages for police, including one in which he said, "No one can love you like I do."

Redington said he didn’t have Cazares arrested immediately because of the "on-again, off-again nature of their relationship." He asked Thomas to obtain records that would show that Cazares had been calling her, but she never got the records.

According to court records, Cazares offered the following a

This kind of thing happens fairly often in California. In fact, I live in the Napa Valley where we have a very large population of illegals picking the grapes. My town alone has a population of 40% Mexican and many of them are here illegally. One winery out of over 300 here will hire only legal Mexicans. The rest hire whoever they can get. So, trust me, I know and see exactly what your talking about. BTW, your question is a little long and the last sentence should be removed since it is incomplete.

How would you feel if this happened in your city,county or state with illegal immigrants?

April 7th, 2010 5 comments

Mo. town outraged over killings, illegal immigrant
http://www.magicvalley.com/articles/2009/03/20/ap/us/d971tl300.txt
By JIM SALTER
HANNIBAL, Mo. – A Hannibal police officer was finishing up mundane paperwork on a quiet Saturday morning when Manuel Cazares walked into the station, blood splattered on his hands and shoes.

Cazares put his hands out, crossed them, and told the officer to arrest him.

"I killed two people," he allegedly said.

Details surrounding the allegations are far too common: an abusive relationship, a jilted lover, a sudden attack.

But some in this Mississippi River community of 17,000 best known as Mark Twain’s hometown aren’t just outraged by the violence. They also question why Cazares was in Hannibal at all.

Cazares admitted after his arrest that he is an illegal immigrant from the Mexican state of Michoacan. The 32-year-old had several run-ins with law enforcement before the homicides, but officials had never questioned his legal status.

Now he is charged with two counts of second-degree murder and armed criminal action in the Feb. 28 deaths of his ex-girlfriend, 27-year-old Amanda Thomas, and 25-year-old Carl Patrick Epley.

"I don’t know how this happens," said Tina White-Masengill, Thomas’ sister. "My stepdad told police many times, ‘I don’t even think the guy’s a legal citizen.’"

During his three years in Hannibal, Cazares managed to avoid detection, despite a few traffic violations and a property damage conviction after an arrest for allegedly beating up Thomas and tearing up her home. Thomas had a restraining order against Cazares, who got probation in the property-damage case.

Police say his name wasn’t in a database maintained by Immigration and Customs Enforcement. Police and Cazares’ boss also say he had authentic-looking identification, including a Social Security card. And police noted that Cazares speaks fluent English.

Cazares’ attorney did not return phone messages seeking comment. Cazares is being held in lieu of $1 million bond.

Hannibal police declined several interview requests from The Associated Press, but said soon after the killing that they had received several angry calls, some with racial overtones.

Days after the killings, rocks were thrown through plate-glass windows at the Mexican restaurant where Cazares worked. The FBI decided against opening a hate-crime investigation after concluding that it was vandalism, not retaliation.

Hundreds of messages related to the case were posted on the Hannibal Courier-Post Web site, with several questioning why authorities hadn’t been able to determine Cazares’ legal status before. One suggested police should conduct raids to seek out other illegal immigrants.

"Of course we have folks who say that’s unconstitutional and racial profiling so we have to ignore the problem until this sort of terrible tragedy takes place," the posting read. The newspaper eventually took down the postings.

At a news conference, police Capt. James Hark told reporters that tracking illegal immigrants is a federal responsibility. He said the department is sympathetic to the victims’ families, "but, in retrospect, there’s nothing in the system that would have prevented this from happening."

ICE spokesman Carl Rusnok said the agency seeks to work closely with local police to uncover illegal immigrants.

"When local law enforcement suspect that they have arrested an illegal alien on criminal charges, we encourage them to forward those suspicions to ICE, where we will make the appropriate determination whether that person is in the country legally or illegally, and whether he is deportable," Rusnok said.

The relationship between Cazares and Thomas had long been rocky, with Thomas seeking restraining orders in 2007 and again early last year. Marion County prosecutor Tom Redington said the first order was dismissed when Thomas failed to appear at a court hearing; the second was dismissed at her request.

Thomas made a third attempt around Thanksgiving and obtained a restraining order that was supposed to keep Cazares away from the small brick duplex where she lived with their 20-month-old son and a 7-year-old daughter from a previous relationship.

Yet neighbors said they often saw Cazares in the area.

"We pulled up one night and he drives up the street with his car lights off and just sits there watching her house," said neighbor Charles Thomas, who is not related to the victim.

In early February, Thomas told police she thought Cazares was stalking her. White-Masengill said her sister played cell phone messages for police, including one in which he said, "No one can love you like I do."

Redington said he didn’t have Cazares arrested immediately because of the "on-again, off-again nature of their relationship." He asked Thomas to obtain records that would show that Cazares had been calling her, but she never got the records.

According to court records, Cazares offered the following a

Personally, I think the police should have the right to shoot the illegal where he stands. Send his dead rear end back to Mexico and let them bury him.

Personally I think we should have US troops stationed on the border and anyone who wants to come here illegally should be shot on sight.

If I want to visit another country I get a passport and do it legally. I expect no less from others.

How would you feel if this happened in your city,county or state with illegal immigrants?

January 29th, 2010 11 comments

Mo. town outraged over killings, illegal immigrant
http://www.magicvalley.com/articles/2009/03/20/ap/us/d971tl300.txt
By JIM SALTER
HANNIBAL, Mo. – A Hannibal police officer was finishing up mundane paperwork on a quiet Saturday morning when Manuel Cazares walked into the station, blood splattered on his hands and shoes.

Cazares put his hands out, crossed them, and told the officer to arrest him.

"I killed two people," he allegedly said.

Details surrounding the allegations are far too common: an abusive relationship, a jilted lover, a sudden attack.

But some in this Mississippi River community of 17,000 best known as Mark Twain’s hometown aren’t just outraged by the violence. They also question why Cazares was in Hannibal at all.

Cazares admitted after his arrest that he is an illegal immigrant from the Mexican state of Michoacan. The 32-year-old had several run-ins with law enforcement before the homicides, but officials had never questioned his legal status.

Now he is charged with two counts of second-degree murder and armed criminal action in the Feb. 28 deaths of his ex-girlfriend, 27-year-old Amanda Thomas, and 25-year-old Carl Patrick Epley.

"I don’t know how this happens," said Tina White-Masengill, Thomas’ sister. "My stepdad told police many times, ‘I don’t even think the guy’s a legal citizen.’"

During his three years in Hannibal, Cazares managed to avoid detection, despite a few traffic violations and a property damage conviction after an arrest for allegedly beating up Thomas and tearing up her home. Thomas had a restraining order against Cazares, who got probation in the property-damage case.

Police say his name wasn’t in a database maintained by Immigration and Customs Enforcement. Police and Cazares’ boss also say he had authentic-looking identification, including a Social Security card. And police noted that Cazares speaks fluent English.

Cazares’ attorney did not return phone messages seeking comment. Cazares is being held in lieu of $1 million bond.

Hannibal police declined several interview requests from The Associated Press, but said soon after the killing that they had received several angry calls, some with racial overtones.

Days after the killings, rocks were thrown through plate-glass windows at the Mexican restaurant where Cazares worked. The FBI decided against opening a hate-crime investigation after concluding that it was vandalism, not retaliation.

Hundreds of messages related to the case were posted on the Hannibal Courier-Post Web site, with several questioning why authorities hadn’t been able to determine Cazares’ legal status before. One suggested police should conduct raids to seek out other illegal immigrants.

"Of course we have folks who say that’s unconstitutional and racial profiling so we have to ignore the problem until this sort of terrible tragedy takes place," the posting read. The newspaper eventually took down the postings.

At a news conference, police Capt. James Hark told reporters that tracking illegal immigrants is a federal responsibility. He said the department is sympathetic to the victims’ families, "but, in retrospect, there’s nothing in the system that would have prevented this from happening."

ICE spokesman Carl Rusnok said the agency seeks to work closely with local police to uncover illegal immigrants.

"When local law enforcement suspect that they have arrested an illegal alien on criminal charges, we encourage them to forward those suspicions to ICE, where we will make the appropriate determination whether that person is in the country legally or illegally, and whether he is deportable," Rusnok said.

The relationship between Cazares and Thomas had long been rocky, with Thomas seeking restraining orders in 2007 and again early last year. Marion County prosecutor Tom Redington said the first order was dismissed when Thomas failed to appear at a court hearing; the second was dismissed at her request.

Thomas made a third attempt around Thanksgiving and obtained a restraining order that was supposed to keep Cazares away from the small brick duplex where she lived with their 20-month-old son and a 7-year-old daughter from a previous relationship.

Yet neighbors said they often saw Cazares in the area.

"We pulled up one night and he drives up the street with his car lights off and just sits there watching her house," said neighbor Charles Thomas, who is not related to the victim.

In early February, Thomas told police she thought Cazares was stalking her. White-Masengill said her sister played cell phone messages for police, including one in which he said, "No one can love you like I do."

Redington said he didn’t have Cazares arrested immediately because of the "on-again, off-again nature of their relationship." He asked Thomas to obtain records that would show that Cazares had been calling her, but she never got the records.

According to court records, Cazares offered the following a

And yet another soild reason to DEPORT ILLEGALS.

Had the government done thier job this ILELGAL INVADER would not have killed these pepoe.

If I was the victims family I would file suit against the US Government for failing to uphold the immigration laws.