Apr 17, 2014 fbook icon twitter icon rss icon

Lawsuit

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11Off-Duty Police Officer And Former Marine Arrests Young Soldier After Drinking At Restaurant (Video)

An off-duty male police officer in Columbia, South Carolina, was fired after trying to arrest a 23-year-old female army soldier in a restaurant. Now, after filing a civil suit in Richland County, her case has been moved to a federal court.

Back in October, off-duty Richland County deputy Paul Derrick was caught on camera in a Buffalo Wild Wings restaurant attempting to detain a 23-year-old soldier for no apparent reason. Steven Hughes, the man who captured the footage, explained exactly why he decided to take out his camera phone.

“I said, ‘I’m going to start videoing this because I think something is about to get out of hand,’” said Hughes to local news station WIST. “And about the time I got my [camera] out, he had her turned around and was putting her in handcuffs.”

Hughes also went on to explain how Derrick, a former Marine turned Richland County police officer, brutally detained the soldier after a night of drinking and dining in the restaurant.

"It was stand up, soldier, stand up. This is what the Marines do to us,” said Hughes. “And then the next line is something along the lines of this is how the Army is treated by Marines. Let me show you.”

Ball can be seen, in the video, struggling with Derrick as he forces her hands behind her back and twists her body around. Ball is visibly in pain, but Derrick is relentless. Eventually, Columbia police showed up, and after reviewing the cell phone video, they arrested Derrick, not Ball.

Derrick was charged with assault and battery and was fired from the Richland County Sherriff’s Department after an investigation. Ball filed a civil suit in Richland County, but her case has now been moved to a federal court as a civil rights case. Ball says that she was “humiliated” by the video after it was posted online, and she has actually suffered permanent injuries as a result of Derrick’s brutal arrest.


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11Man Awarded $4 Million After Undergoing Surgery, Years Of Treatment For Misdiagnosis

New York man Robert Wyble is $4 million richer after a court recently awarded him the large sum of money in a medical malpractice suit.

Wyble’s problems started in 2004, the New York Daily News reports, when he started inexplicably falling down at random. Wyble sought medical attention and was placed under the care of Dr. Dale Lange. Lange told Wyble he had myasthenia gravis and began treating him accordingly.

To combat the condition, Wyble had his chest cut open so doctors could remove his thymus gland. He was put through bi-weekly blood treatments and took a medication that made him gain 80 pounds. Yet, still, the falls continued.

In 2009, Lange left Sinai Medical Center for a new job. When his replacement met with Wyble, he told Wyble that Wyble had been misdiagnosed. He didn’t have myasthenia gravis. He had cataplexy, a condition that is easily managed with medication.

Wyble immediately began taking cataplexy medication and – just like that – the falls stopped.

“He didn’t have it [myasthenia gravis], and all these treatments made him worse,” Wyble’s lawyer, Richard Gurfein, said. Wyble then decided to sue for the years of damage done to his body because of the misdiagnosis. 

Lange’s lawyer, Craig Fenno, plans to appeal the $4 million award.

“The medical judgments and the treatment recommendations made by Dr. Lange were sound and made in accordance with accepted established practice,” Fenno said.

Here’s a comforting bit of information for you: Lange is now the chief neurologist at the Hospital for Special Surgery in Manhattan. 

Source: New York Daily News, Wikipedia


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11Woman Suing Subway After Worker Wrote "Big Mama" On Her Food Order

A California woman is suing Subway restaurants after she says a worker at her local franchise wrote “Big Mama” on the back of her order.

45-year-old Allison Brown says she was humiliated when she received her food order and noticed that instead of writing her name on the box, an employee wrote the cruel nickname as an obvious jab at her weight.

"I just broke down crying,” said Brown. “I couldn't eat it. I kept thinking, 'Big Mama' doesn't need to eat. It started really messing with me. I started thinking, 'Maybe I need surgery. Do I really look that bad? What's wrong with me?'"

Brown says that when she contacted the store’s owner, he was less than helpful to her.

“The owner said the employee didn't know better, that he just didn't get it," Brown told The News. "He begged me not to go to the media, so I tried to work with him, but then nobody was calling me back. It's not right. This really hurt me."

Now, Brown is suing the company, insisting that it’s not about the money, but instead about trying to get them to start sensitivity training.

"This isn't about money," she said Friday. "This breaks my heart. Here Subway promotes itself as a place for people who need help eating better, then this happens. What if the wrong person got a box like mine? What if they saw that and tried to commit suicide?"

Restaurant owner Sanjiv Mehta released a statement, saying he tried to do the right thing.

"As a small business owner, I do not tolerate discrimination of any kind,” said Mehta to 10News. “When I learned of this incident I immediately investigated and disciplined the employee involved. I also made contact with the customer in an effort to resolve this matter.”

Brown says she will move forward with her lawsuit and has vowed never to eat at another Subway restaurant again.


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11Lawyer Being Sued for Claiming Cabbie Blackmailed Her

On April 17, 2012, an apparently intoxicated female passenger climbed into the front seat of a cab and reportedly made sexual advances towards the cab driver, who turned her down, but recorded the incident on his cell phone.

In the video, passenger Jennifer Gaubert, 33, can be seen flashing her private parts, sweet-talking the cabbie and even seemingly touching the driver’s clothing over his crotch area.

Gaubert, a lawyer and former radio personality, filed a complaint one year after the incident occurred, claiming that 39-year-old driver Hervey Farrell tried to blackmail her and extract money from her with the video.

In August, Farrell was jailed on suspicion of voyeurism and extortion.

As a result of Gaubert’s claims, Farrell spent 27 hours in prison and had his mug shot appear in the local news. Furthermore, he was forced to surrender his taxicab license, which put him out of work for several months.

Recent developments, however, are spelling out trouble for Gaubert.

Farrell claims he was the victim of false arrest, false imprisonment, malicious prosecution and kidnapping. On Friday, he filed a federal lawsuit against Jennifer Gaubert and the city.

Farrell argues that police bought Gaubert’s story and issued a warrant for his arrest without even questioning him. In addition to losing his job, he was forced to post a $21,000 bond. Farrell also claims to have suffered depression and emotional distress following the widespread media coverage of the case.

“Despite knowing the information she had been circulating was false, neither Ms. Gaubert nor the NOPD took any steps to rectify the situation by removing or correcting the false information that had been circulating regarding Mr. Farrell,” the lawsuit reads.

Orleans Parish District Attorney Leon Cannizzaro’s office has refused to prosecute Farrell. Instead, they charged Gaubert with the felony count of making a false statement, for which she will face trial in May. If convicted, she could face up to five years in prison.

After viewing the video at trial last week, a judge convicted Gaubert of simple battery. Gaubert plans to appeal the decision.

The cellphone video was released this week, and shows Gaubert flirting with Farrell, who repeatedly turns her down, saying, “I have to go.”

The video shown in court can be seen below. (WARNING: The video contains sexual content. Do not watch it if you don't want to see the sexual content. Don't blame us if you watch it and see sexual content. We warned you.)

Sources: http://www.theneworleansadvocate.com, http://www.nola.com

Photo Sources: http://media.nola.com


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11Woman Who Was Forcibly Stripped By Police Officers Awarded $355,000 In Settlement (Video)

A Chicago woman has been awarded a $355,000 settlement after suing police for strip-searching her during a DUI arrest.

33-year-old Dana Holmes used surveillance footage captured in the police station as proof of her allegations that the four LaSalle County sheriff’s deputies were inappropriate when they forcibly strip-searched her following her arrest. The deputies said the their actions were justified because Holmes, who was over the legal blood alcohol limit, resisted their initial pat down.

"There's a lot of people that get DUIs, a lot of people that just make mistakes in life," said Holmes. "That still doesn't give them a reason to do what they did."

The video shows the three male officers and one female officer holding Holmes face down to the ground while they forcibly removed all of her clothes, including her underwear.

“I was terrified. I felt helpless,” said Holmes at the time of the incident. “I was scared and I lay there crying... I just prayed.”

“There are on-duty deputy sheriffs humiliating and grouping a female inmate,” said Holmes’ attorney Terry Ekl. “It makes you wonder: Were these guys ever trained?"

Following the arrest and strip-search, Holmes sued the county because she felt the deputies violated her rights and caused her emotional harm. In the end, the county decided to settle the case.

“The county and department believe it’s in everybody's best interest to focus on policies and protocols moving forward, rather than spending time and money fighting over who was right and wrong,” said attorney James Soto.

The LaSalle County Sheriff’s Department says they are working to enact a new strip search policy so that situations like these can be avoided in the future.

“There’s been a gap in these policies as to what’s permissible and not permissible in those situations,” said Soto.


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11Man Suing Mexican Restaurant After Biting Into Thumbtack Found In His Nachos (Photos)

A Washington state Mexican restaurant is facing a pretty big lawsuit after a man claims he bit into a thumbtack that was found in his nachos and has had to undergo dental surgery to repair the damage done.

33-year-old Aaron Casey was dining with friends on August 13, 2012 when he bit right into a sharp object that was baked into his plate of nachos. Casey immediately spit out the object and saw that it was a bright yellow thumbtack. Casey snapped pictures of his food so that he could prove what happened to him, and now, he has filed a lawsuit against the Azteca restaurant.

Casey’s attorney Kirk Davis said that his client started to feel tooth pain soon after the incident, and, upon being examined by a dentist, he was required to undergo a root canal. Despite the medical care he’s already received, Casey may still wind up losing his tooth.

"It was a very dangerous situation," said Davis to the New York Daily News. "He's been informed that he may lose the tooth."

The lawsuit, which was first reported on by the Seattle Post-Intelligencer, was filed in King County Superior court.

“We are looking to help Aaron recover his past and future medical expenses along with some money for the considerable pain he endured,” said Davis.

According to reports, the thumbtack fell off of a bulletin board located directly above the location where the food is made, and Azteca has so far refused to take responsibility for what happened.


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11Teen Who Sued Parents For College Tuition Scores $56,000 Scholarship

Rachel Canning, the 18-year-old teen who tried to sue her parents for college tuition and child support, will be headed to school this fall with a nice scholarship.

Canning announced on Sunday that she will attend Western New England University this fall with a $56,000 scholarship. That scholarship money won’t stretch as far as you may think, though, as the private school costs a whopping $46,000 a year.

“Decision made,” Canning wrote on March 30. “WNE U class of 2018 BME Major w/ 56,000$ scholarship.”

There’s no word yet on how Canning will finance the other estimated $128,000 her college degree will cost after her scholarship, but I have a feeling it will involve the same people she was trying to sue in court a few weeks back. After all, to use her words, she is not yet an “emancipated” adult.

Canning dropped her lawsuit on March 18 after reconciling with her parents and moving back in with them. At the time, the law firm representing her parents said the family was “happy to be reunited and thankful that their daughter is back home.”

Sources: New York Post, NJ.com


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11Man Suing Michigan Police For Open-Carry Arrest Incident (Video)

A Flint, Michigan man is suing the Flint Township police after he says he was wrongly arrested for openly carrying his legal gun on Christmas Eve, causing him to miss the holiday with his family.

John David McMorris, 21, was walking along the side of the road around 11:30 p.m. on December 24 when a police officer suddenly pulled over to question him. When the police car stopped on the side of the road, McMorris raised his arms in the air to show him that he was openly carrying his .40 caliber pistol. McMorris is legally allowed to openly carry a gun, but doesn’t have the license to conceal it.

The officer told McMorris that he had driven by him earlier and didn’t see the weapon the first time around. He claimed he only saw the weapon when McMorris raised his arms in the air and that earlier, he must have had it concealed. McMorris attempted to apologize, explaining that, unbeknownst to him. his jacket must have been covering it up, but the officer still arrested him.

"I didn't know the front of my coat was covering it, sir," said McMorris to the officer in the dashcam video. "I'm very sorry."

McMorris was handcuffed, brought to jail, and was forced to spend Christmas Day in a cell. McMorris was released the following day.

"I think that was the biggest insult to injury," said McMorris’s attorney Craig L. McAra of the man having to spend Christmas in a jail cell.

McMorris was released without any charges filed against him, but now, he is suing the police department for what he says was a wrongful arrest. McMorris is seeking $25,000 in damages for false arrest, civil rights infringement, and malicious prosecution.

Watch the dashcam video of McMorris’s arrest below.


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11New York City Awards Man Who Was Beaten By Police $100,000

A Brooklyn man who was beaten by New York Police Department officers in 2012 was just awarded $100,000 by the city.

Ehud Halevy, 22, was sleeping in a backroom of the Aliya Institute synagogue two years ago when an alarmed security guard called the police on him. Teenagers routinely sleep in the synagogue, but Halevy allegedly had no shirt or pants on when the security guard found him.

Video from a surveillance camera shows NYPD officers aggressively approaching Halevy after arriving at the synagogue. After trying to place Halevy’s hands behind his back, an officer landed a punch on him. Halevy was knocked onto a couch.

Once on the couch, two offices relentlessly beat Halevy for several minutes. One officer is seen striking Halevy with a baton. Police backup eventually arrived, and Halevy was placed on the floor and handcuffed. The surveillance video was posted online by CrownHeights.info and has been viewed almost 500,000 times.

NYPD Police Commissioner Raymond Kelly called the footage “disturbing.”

Sources: NY Daily News, CrownHeights.info


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11Former Deputy Constable Awarded Half A Million Dollars Following Sexual Harassment Suit Against His Boss

A former Texas deputy constable has been awarded more than $550,000 in damages and back pay after filing a lawsuit against his former boss for sexual harassment.

According to reports, Galveston County Constable Pam Matranga repeatedly forced herself on Galveston County Deputy Constable James Gist over a period of time. In one specific incident, Matranga allegedly put her shirt over Gist’s head, forcing him to motorboat her.

“[She was] grabbing her breasts and saying, ‘here, hold these,’” claimed Gist. “She walked up behind me and pulled her shirt over my head and held me kind of in a headlock with her shirt.”

Gist also alleges that Matranga repeatedly offered him oral sex in the workplace and even joked about performing at strip clubs while simulating a lap dance, the latter of which Matranga confessed to. The man says that he never led Matranga on or reciprocated in any way, and at one point, he put a hidden camera on his desk to catch her in the act. According to claims, Matranga eventually found the video, deleted it, and reported Gist to the District Attorney for wiretapping. Gist was forced to resign from his position for planting the camera, but he vowed to go after Matranga for what she had done. Matranga, to this day, denies any wrongdoing.

“I never sexually harassed anyone,” said Matranga in a statement. “I would never intentionally hurt anyone. I have never tampered with evidence in my whole nineteen years with the county.”

In the end, a jury unanimously sided with Gist and awarded him $550,000. Matranga is no longer county constable after she lost a 2012 reelection bid.

"It was about sex, and it was about power," said Anthony Griffin, Gist’s attorney. "The only way she could engage in such conduct is because of that badge on her blouse."

Reports claim that Matranga was forced to undergo sexual harassment training following Gist’s initial accusations.


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