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LakerSanity
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PostPosted: Sat Oct 17, 2020 7:27 pm    Post subject:

I read the case. My instinct was correct. The holding was based on an analysis of a Wisconsin statute which had already been previously interpreted by the Wisconsin Supreme Court in defining what "scope of employment" meant. Unfortunately, the analysis, based on the Wisconsin law and, thus, Wisconsin's court's interpretation/enforcement of that law, was correct. A federal court is required to rely on the law utilized by the State which created it. In that vein, ACB and her peers did nothing wrong.

I would expect a liberal judge to decide the case exactly the same way. I don't know if ACB agrees with the law or not (she very well might), but the problem here is with Wisconsin law, not her decision.
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PostPosted: Sat Oct 17, 2020 7:47 pm    Post subject:

Wisconsin's not so bad: The Fonz was from there--Milwaukee!


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PostPosted: Sat Oct 17, 2020 9:09 pm    Post subject:

LakerSanity wrote:
Omar Little wrote:
Basically, she ruled that in the one case the county distributed materials that said you couldn’t have sex with the inmates, and in the other they did not. And since they did in the one case, it wasn’t on them that an individual decided to use his authority and rape a woman multiple times.


Under California law, that would be per se liability. However, that is because California law protects employees. Thats not the same in every state which, at worse, offers no more protection than Federal law might. In other words, this may be a complaint of how the laws are written more than her specific decision. I'd have to look into it more though to be sure.


Very true re CA law on the matter. I'm curious about the decision where she ruled the other way, if I have the time I'll see if I can track it down.
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PostPosted: Sat Oct 17, 2020 9:43 pm    Post subject:

Found the other opinion, 7th Circuit was En Banc:

J.K.J. and M.J.J., Plaintiffs-Appellees, v. POLK COUNTY and DARRYL L. CHRISTENSEN, Defendants-Appellants.
May 15, 2020
No. 18-1498 (7th Cir. May. 15, 2020)

https://casetext.com/case/jkj-v-polk-cnty-8

or

https://www.courthousenews.com/wp-content/uploads/2020/05/jkj-polk.pdf


Hopefully someone else has more time to delve in, but from my perusal here's what happened:

1. Jury found against the prison guard and county.
2. 7th circuit court of appeals (Barrett was not on that 3 judge panel) reversed the jury verdict against the County.
3. 7th Circuit went en banc, found liability vs the County.

On my brief perusal it seems like rather than just focusing on acts of the guard, the Plaintiffs were able to introduce evidence of subpar prison guidelines / oversight etc for abuses versus an inmate. It appears they also went with a different theory rather than just straight imputation of Guard's actions to the prison.

There were several dissents, but they did not win the day. Got the feeling that perhaps, on this one, the majority may have been trying to fix a hole as they saw in the prison system...but again, I did not look in detail.

Curious what LS or Omar have to say (or anyone else) assuming you want to delve into all that opinion.
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PostPosted: Sat Oct 17, 2020 10:02 pm    Post subject:

^Maybe I will read later, but if you read the first opinion, there was an argument of lack of evidence outside the basic argument that the guard had authority which he abused. Reading between the lines, it may have been the case that if they could have introduced evidence which would have undermined the training argument (i.e. that policies were consistently disregarded, the county knew they were and did nothing about it past training which it already had prior knowledge of it being ineffective) then maybe the Plaintiff could have won. My guess is that may have been what happened, or something similar, in the case you are describing. Again, maybe I'll read later, but that's my instinct here.
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PostPosted: Sun Oct 18, 2020 2:19 am    Post subject:

FernieBee wrote:
Wisconsin's not so bad: The Fonz was from there--Milwaukee!



I dunno. The eldest son of the family that Fonz lived over went missing after the first couple of episodes without a trace. They never found out what happened to Chuck. Then Mork came down from Ork and froze Fonz midstep.
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PostPosted: Sun Oct 18, 2020 5:42 am    Post subject:

We live in a world where Twitter cares more about protecting you from Coronavirus than the President and the President's medical advisor tasked with addressing Coronavirus outbreak:


Quote:
Daniel Dale @ddale8

Where we’re at: Twitter has removed a tweet (saying masks don’t work) from the president’s coronavirus advisor, Scott Atlas, for violating its rules against sharing false and harmful information about the coronavirus.


Scott Atlas is a quack Trump saw on Fox News and he advocates "herd immunity" which would likely kill 6 million Americans. That's the person Trump has "in charge" of "fighting" the virus.

And if you still decide to vote for Trump you have serious issues beyond politics.
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PostPosted: Sun Oct 18, 2020 6:12 am    Post subject:

ChefLinda wrote:
We live in a world where Twitter cares more about protecting you from Coronavirus than the President and the President's medical advisor tasked with addressing Coronavirus outbreak:


Quote:
Daniel Dale @ddale8

Where we’re at: Twitter has removed a tweet (saying masks don’t work) from the president’s coronavirus advisor, Scott Atlas, for violating its rules against sharing false and harmful information about the coronavirus.


Scott Atlas is a quack Trump saw on Fox News and he advocates "herd immunity" which would likely kill 6 million Americans. That's the person Trump has "in charge" of "fighting" the virus.

And if you still decide to vote for Trump you have serious issues beyond politics.
So true. 16 days and counting.
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PostPosted: Sun Oct 18, 2020 10:27 am    Post subject:

Trump is proof that stupid, ignorant, and/or odious people stick together.


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PostPosted: Sun Oct 18, 2020 10:31 am    Post subject:

Not sure if anyone has watched the SNL Election stuff but man is it bad. Jim Carrey is absolutely terribly unfunny as Joe Biden. It’s like he’s doing Fire Marshall Bill doing a bad impression of Jim Carrey doing a bad impression of Joe Biden. Woody Harrelson and Jason Sudekis were so much better as Biden. It’s not 100% Carrey’s fault though because the writing is just bad. Their continued insistence of attempting to make Biden look senile is not funny at best and harmful at worst. Even Alec Baldwin isn’t good as Trump anymore. Could be that it’s hard to laugh at impressions of him as he actively destroys the country and we know what’s at stake, but also the bits just aren’t funny anymore.
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PostPosted: Sun Oct 18, 2020 10:51 am    Post subject:

ChefLinda wrote:
We live in a world where Twitter cares more about protecting you from Coronavirus than the President and the President's medical advisor tasked with addressing Coronavirus outbreak:


Quote:
Daniel Dale @ddale8

Where we’re at: Twitter has removed a tweet (saying masks don’t work) from the president’s coronavirus advisor, Scott Atlas, for violating its rules against sharing false and harmful information about the coronavirus.


Scott Atlas is a quack Trump saw on Fox News and he advocates "herd immunity" which would likely kill 6 million Americans. That's the person Trump has "in charge" of "fighting" the virus.

And if you still decide to vote for Trump you have serious issues beyond politics.


He's technically not a quack. It's just that his specialty has absolutely nothing to do with his job. Sorta like having a neurosurgeon running HUD.
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PostPosted: Sun Oct 18, 2020 11:20 am    Post subject:

This latest Russian GRU propaganda operation is about a "supposed" newly discovered Hunter Biden laptop and whatever mixture of real and faked information is supposedly on it (more of the Burisma stuff that's been disproven and that Trump was already impeached for). The story was pushed by the hack New York Post and repeated by various media hacks, Rudy G., Trump the family. Many in media refused to spread the false story and pushed back. Twitter deleted the story links from their platform. Now Russian asset Senator Ron Johnson went on the Sunday shows implying they found child porno on it. Planting child porno on opponent's laptops happens to be a specialty of Russian GRU.

Anyway, I don't think people are falling for this nonsense like they did in 2016. And Hunter Biden is not the candidate.

Seeing a replay of 2016 (Russia hacks Trump's opponent's email looking for dirty laundry, then releases some actual hacked info mixed with forged info) and then a "new" laptop pops up 10 days before the election with supposed "new" damaging information.

This all makes me think that Huma Abedin's laptop October surprise was not just a Comey/FBI caper, and not just a RudyNY-FBI operation, but part of the larger coordinated Trump/Russia collusion effort they had planned no matter what. They were always going to find some mysterious laptop to hurt Clinton.

It all stinks to high heaven, even worse than I always thought.


Last edited by ChefLinda on Sun Oct 18, 2020 11:24 am; edited 1 time in total
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PostPosted: Sun Oct 18, 2020 11:22 am    Post subject:

Hector the Pup wrote:
ChefLinda wrote:
We live in a world where Twitter cares more about protecting you from Coronavirus than the President and the President's medical advisor tasked with addressing Coronavirus outbreak:


Quote:
Daniel Dale @ddale8

Where we’re at: Twitter has removed a tweet (saying masks don’t work) from the president’s coronavirus advisor, Scott Atlas, for violating its rules against sharing false and harmful information about the coronavirus.


Scott Atlas is a quack Trump saw on Fox News and he advocates "herd immunity" which would likely kill 6 million Americans. That's the person Trump has "in charge" of "fighting" the virus.

And if you still decide to vote for Trump you have serious issues beyond politics.


He's technically not a quack. It's just that his specialty has absolutely nothing to do with his job. Sorta like having a neurosurgeon running HUD.


Then he is a quack. He's a radiologist pretending to be an epidemiologist.
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PostPosted: Sun Oct 18, 2020 11:38 am    Post subject:

My wife and I mailed in our ballots the other day. So nice to be able to vote against the most crooked Commander in Chief we've ever had. Finally, after all these years, which have felt like a millennia. I took them into the post office to deliver them, since who knows what is going on with the "official" ballot boxes.

I really hope people show up to vote. I really hope people mail in their ballots, and I really hope that nothing illegal happens.

Get this maniac out, the world might actually depend on it.
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PostPosted: Sun Oct 18, 2020 11:40 am    Post subject:

ChefLinda wrote:
Now Russian asset Senator Ron Johnson went on the Sunday shows implying they found child porno on it. Planting child porno on opponent's laptops happens to be a specialty of Russian GRU.


Pedos stick together...and accuse others of being what they are.


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PostPosted: Sun Oct 18, 2020 11:52 am    Post subject:

Quote:
Ron Johnson Is Several Pickles Short of a Picnic

So he’s better than even money to blurt out something damaging about this before November.

By Charles P. Pierce
Jul 24, 2020

This was a story that got swamped over the past week, but Politico landed a strange one concerning Senator Ron (Shreds of Freedom) Johnson, Republican of Wisconsin, and his recent transformation into a laundromat for overseas ratfcking.

Among the Democrats’ concerns is that a Senate investigation being led by Sen. Ron Johnson (R-Wis.) has become a vehicle for “laundering” a foreign influence campaign to damage Democratic presidential nominee Joe Biden, according to two people familiar with the demand. Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer demanded the all-Congress briefing Monday, citing “specific” intelligence that a foreign influence operation targeted lawmakers to “launder and amplify disinformation in order to influence congressional activity.” Though the letter did not mention the Johnson investigation, it included a classified addendum that the two sources say identified the probe as one of the sources of their concern.

In reading this, I couldn’t help but remember that Johnson was a member of that group of Republican senators who took a weird trip to Moscow on the Fourth of July in 2018. There’s something not right about that, still. And Johnson’s apparent interest in this new investigation seems to be an election-year effort to inflate the Hunter Biden story again.

...

Johnson is several pickles short of a picnic as far as smarts go, so he’s better than even money to blurt out something damaging before November. But the weaponization of Congress’s power to investigate as a political tool reminds me most of another senator from Wisconsin who had a nice run in the 1950’s and about whom Edward R. Murrow once said,

No one familiar with the history of this country can deny that congressional committees are useful. It is necessary to investigate before legislating, but the line between investigating and persecuting is a very fine one and the junior Senator from Wisconsin has stepped over it repeatedly. His primary achievement has been in confusing the public mind, as between internal and the external threats of Communism.

This time, the senator from Wisconsin seems to be relying on Russians to help him confuse the public mind. Even McCarthy would have bridled at that.


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PostPosted: Sun Oct 18, 2020 11:57 am    Post subject:

Quote:
Ron (Shreds of Freedom) Johnson Is a Few Bratwurst Short of a Tailgate

This is precisely the line of attack that the U.S. intelligence community said that the Russian ratfckers would pursue this time around, and Johnson is the primary parrot.

By Charles P. Pierce
Sep 16, 2020

We have kept a weather eye on Senator Ron (Shreds of Freedom) Johnson, Republican of Wisconsin, ever since the Tea Party coal-slurry avalanche swept him into office a decade ago. Up until the arrival of El Caudillo del Mar-a-Lago, Johnson was a fairly run-of-the-mill wingnut legislator, but then, in 2018, over the Independence Day holiday, Ron Johnson took a trip and came back as a menace to the American republic. How coincidental you believe this is depends very much on the condition of the turnip truck that brought you to town.

On July 4, 2018, Johnson and several other Republican senators were entertained in Moscow by, among other people, Sergei Kislyak, a central figure among the Volga Bagmen and good friend of Michael Flynn, then the Russophilic White House national security adviser. Johnson, who previously had been a harsh critic of the regime of Vladimir Putin, returned from Russia on this trip with kasha failing to melt in his mouth. From the Washington Examiner:

Johnson said he's worried that Congress over-reacted to Russia's election interference, which resulted in legislation that tied Trump’s hands with mandatory sanctions. “I've been pretty upfront that the election interference — as serious as that was, and unacceptable — is not the greatest threat to our democracy,” he said. “We've blown it way out of proportion — [as if it's] the greatest threat to democracy ... We need to really honestly assess what actually happened, what effect did it have, and what effect are our sanctions actually having, positively and negatively.”

At which point, Johnson began to carry water for the White House and, by extension, for the Kremlin's efforts to get out from under charges that it had ratfcked the 2016 election, and that it was preparing to do it again. (This mutuality of interests ought to raise all kinds of alarms.) In pursuit of that, he has become the mainspring of the misinformation plot that seeks to pin the blame for the sabotage of Ukraine on Joe Biden, and to tie it to Biden through his son, Hunter. This manufactured tale was one of the go-to diversions for the president*'s defenders during the impeachment proceedings, and it has been kept alive as an important element of the president*'s re-election strategy, behind which Johnson has thrown the full weight of his chairmanship of the Senate's Homeland Security and Governmental Affairs Committee.


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PostPosted: Sun Oct 18, 2020 12:02 pm    Post subject:

non-player zealot wrote:
FernieBee wrote:
Wisconsin's not so bad: The Fonz was from there--Milwaukee!



I dunno. The eldest son of the family that Fonz lived over went missing after the first couple of episodes without a trace. They never found out what happened to Chuck. Then Mork came down from Ork and froze Fonz midstep.


You jumped the shark.
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PostPosted: Sun Oct 18, 2020 12:04 pm    Post subject:

trmiv wrote:
Not sure if anyone has watched the SNL Election stuff but man is it bad. Jim Carrey is absolutely terribly unfunny as Joe Biden. It’s like he’s doing Fire Marshall Bill doing a bad impression of Jim Carrey doing a bad impression of Joe Biden. Woody Harrelson and Jason Sudekis were so much better as Biden. It’s not 100% Carrey’s fault though because the writing is just bad. Their continued insistence of attempting to make Biden look senile is not funny at best and harmful at worst. Even Alec Baldwin isn’t good as Trump anymore. Could be that it’s hard to laugh at impressions of him as he actively destroys the country and we know what’s at stake, but also the bits just aren’t funny anymore.


Couldn't agree more. I was done with SNL for the election season after watching their debate episode for that very reason.
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PostPosted: Sun Oct 18, 2020 12:18 pm    Post subject:

Yikes, my restaurant is in the thick of a Trump rally in Newport Beach. Lot more Vietnamese Trump supporters than I would have thought (of course 100% of them are relics from the war) otherwise it's as deep south as the eye could see. Plenty of obnoxious honking heading into the peninsula.
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PostPosted: Sun Oct 18, 2020 12:44 pm    Post subject:

Expect the Tara Reade allegations to resurface, especially since the Hunter Biden thing didn't have much impact.

She's apparently publishing a memoir one week before the election.
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PostPosted: Sun Oct 18, 2020 1:27 pm    Post subject:

Was thinking about legislation that's sadly needed, in addition to presidential powers reform and voting protections -- something that clearly separates news from entertainment -- a program that functions like a news program can claim to be a news program, or it can not make that claim, in which it is classified as an entertainment program. If a program claims to be a news program it assumes the burden of responsibility for the information it conveys. If it reports erroneous information, it must correct that information in a prominent spot on its next broadcast. if it consistently reports erroneous information (either by consistently repeating the same misinformation, or by repeatedly spraying separate pieces of misinformation) it is fined heavily, and/or loses its ability to call itself a news program. And to mitigate the situation where even big fines are a drop in the bucket for multi-billion-dollar corporations, reporters who consistently disregard facts are also subject to large fines.

As an arbiter of fact, an independent, non-partisan panel will be convened, populated with appropriate academic, scientific and peer constituents. The panel can rule something to be factual, in which case the opposite cannot be reported as fact, or controversial, in which case it must be reported with the appropriate caveats.

In either case, the program must assert at the start of the show whether it is a news program or entertainment program, what that means, and where they can go to find objective information about the topic.

The biggest problem facing us today is that a large percentage of the population has its own isolated news source, that can spin its own version of truth. if we can break through this problem, most of the rest of the problems would find their own solutions over time.
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PostPosted: Sun Oct 18, 2020 1:53 pm    Post subject:

I'd like that delineation Larry. The challenge of course would be the arbiters of fact as an FCC run by Trump wannabe would stack the deck. And we'd have to weed out the news that does matter versus the fluff (truthful human interest stories). And account for editorial omission of important stories, which is also a hallmark of Fox Entertainment "News".
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PostPosted: Sun Oct 18, 2020 3:09 pm    Post subject:

I think all future discussions of politics with anyone I may need to ask first if you voted for Trump the second time.
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PostPosted: Sun Oct 18, 2020 3:27 pm    Post subject:

DancingBarry wrote:
I think all future discussions of politics with anyone I may need to ask first if you voted for Trump the second time.


Do you really think you'll get honest answers from the majority that did or will?
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