Apr 16, 2014 fbook icon twitter icon rss icon


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11Ex-NFLer Brian Holloway Might Be Sued By Parents Of Teens Who Trashed His House

After spending his NFL career protecting the quarterback as a member of the Raiders and the Patriots, Brian Holloway now might have to protect himself against the parents of teenagers who allegedly destroyed his home during a party. Following a Labor Day weekend house party that got out of control, Holloway posted the names of 100 of the estimated 300 house-crashers who trashed his upstate New York residence on his website, www.helpmesave300.com.

Instead of apologizing, parents of some of the children have contacted their lawyers to see if they can take legal action against Holloway.

"You can see the scars on the floor from where the keggers were brought through. The carpet, there was beer liquor and everything else you can think of, so we had to remove the carpet,” Holloway said. He estimated that about $20,000 worth of damage was done to his home, The New York Daily News reported.

"Parents have threatened me," Holloway said. "Your kids are in my house breaking and stealing my stuff and you are mad at me because I posted pictures that they took and posted themselves of them partying and tearing things up?"

He is hosting a picnic for veterans at his home on Saturday and has invited the rowdy teens and their parents to help him up the damage at the house. "Come out and help set up, fix up, bring food, and picnic stuff, so we can honor these real HEROS," he wrote on his website. "I'm here. Come now. Take a stand for your future. This is called redemption."

So far no arrests have been made and Holloway has not decided if he wants to press charges. He spends most of his time in Florida.

Sources: The New York Daily News, ABC 10

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11Frostburg State Sued After Death Of Football Player Derek Sheely

The parents of a college football player who died after a second concussion have filed a wrongful-death lawsuit charging that coaches let their son back on the field during four consecutive practice sessions despite the fact that he was bleeding from his forehead. The parents of deceased Frostburg State University football player Derek Sheely also claim he was never checked for a concussion or to see if his helmet was properly fitted. Sheely was 22.

"One of Derek's teammates described the demeanor of the practices leading up to Derek's fatal injury as completely 'out of control,"' the lawsuit said. "What is more, the word 'concussion' is not stated a single time in Frostburg's team policies. Thus, the coaches treated all injuries — brain injuries and ankle sprains — the same: You were expected to play through them."

The school, the NCAA, head coach Thomas Rogish and helmet-maker Schutt Sports have all been named as defendants in the lawsuit. The lawsuit alleges that the full-speed drills during the Division III school's preseason camp were "a gladiatorial thrill for the coaches."

During the "Oklahoma Drill," players were subjected to nearly nonstop, head-to-head collisions, which could have caused dozens of concussive or sub-concussive blows, the lawsuit said.

Dr. Robert Cantu, a Boston neurologist and leading expert on sports concussions, said that injuries caused by a concussion that occur before a previous one has fully healed can prove fatal within minutes, ABC 7 reported.

Sheely mentioned to an assistant coach he "didn't feel right" and had a headache on Aug. 22, 2011. He walked off the field, collapsed and died six days later.

The NCAA agreed earlier this month to try to negotiate a class-action settlement with regard to the thousands of concussions already suffered by student athletes. According to the Sheely’s lawsuit, the NCAA was originally formed to protect student athletes.

"Today, those words ring hollow," the suit said. "Derek's life was sacrificed to a sport."

Sources: ABC 7, Sentinel And Enterprise 

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11Tampa Man Arrested for a Stroke, Dies After 36 Hours, and Family is Awarded $1 Million in Damages

On May 11, 2012, commuters on Interstate 275 in Tampa, Fl., saw a man careen into a guardrail before being stopped by a Florida Highway Patrol trooper. Speaking incoherently and without control of his left arm, 51-year-old Allen Daniel Hicks was having a stroke. Unable to exit the car and prove he was unarmed, he was arrested for obstructing a law enforcement officer.

According to TampaBay.com, paramedics on the scene did not diagnose the stroke, but did recommend he be transported to St. Joseph's Hospital. Instead of receiving any medical attention or even a screening, Hicks was thrown in county jail where he lay, face down on the floor. Occasionally he attempted to seek help by crawling with the still-functioning right side of his body. After three hours, Hicks received a medical assessment, but a stroke was not diagnosed. After 36 hours, pale, covered in his own urine, and suffering from extreme brain damage, Hicks was taken to the Tampa General Hospital.

Though Hicks was quickly diagnosed with an ischemic stroke, medical attention came too late. He slipped into a coma and died within three months.

After an investigation, litigation, and a settlement with the family of the deceased, the Hillsborough Sheriff’s County Office paid $200,000 in damages. The larger burden of the payment, however, fell on the private medical care provider to the jail. The Armor Correctional Health Services Inc., paid $800,000 to Hicks' estate in February. Though the Sheriff’s Office has kept the provider, it has revoked the security clearance of two health services employees. The Sheriff’s Office has also implemented training regimens to recognize symptoms of a stroke.

Hicks was a beloved baseball coach at a local school and father of several children who, more than a year later, are still angry over their father’s needless death.

Sources: Tampa Bay Times

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11Transgender Girl Nicole Maines Sues School District For Discrimination

Today Maine’s highest court heard a case that may determine the legal status of transgender students across the state.

Nicole Maines is a 15-year-old biological male who identifies as a female. Four years ago, Maines’ school required her to use the staff bathroom after the school received a complaint about Maines using the girls’ bathroom. The school had been letting Maines use the girls’ bathroom until they received a complaint from the grandfather of a boy in her class.

Maines felt discriminated against and sued. “She said it was like being picked out of a crowd of students and being told, 'They're the normal students, and you're not,'" said Jennifer Levi, director of Transgender Rights Project for the Gay & Lesbian Advocates & Defenders. Levi is arguing the case for the family.

The Maine Human Rights Act bars any discrimination on the basis of sex or sexual orientation. The lower district, however, ruled that the school held the legal prerogative to use its discretion in the matter.

The case comes as the legal status of transgender adults is in flux. The latest edition of the Psychiatric Manual no longer classifies being transgender as a disorder but as ‘gender dysphoria’ with the emphasis on stress induced from gender identity. Cases of discrimination against transgender adults have met various rulings on a state by state basis. The status of transgender minors meets even more confusion and indecision.

Maines is clearly discriminated against. At issue, however, is whether this discrimination is justified. On the one hand, separate is not always equal. Forced to use the staff bathroom, Maines incurs unnecessary attention and justifies her suit as a stand against bullying.

However, on the other hand, if one is to take the Maine Human Rights Act to its fullest, logical extent, bathrooms segregated by gender are all forms of discrimination, regardless of biology. Moreover, the school must take into consideration the privacy and comfort of other students and weigh it against Maines’ right to use the girls’ bathroom.

Source: AP News, Fox News

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11Brady Center Sues Georgia Town that Requires Residents to Own Guns

The Brady Center to Prevent Gun Violence has filed a lawsuit against the small rural town of Nelson, Georgia. Nelson officials recently passed a bill requiring the head of every household to have a gun and ammunition. Violators could be fined up to $1,000, which is significantly less than the cost of a new handgun and a box of ammo.

Nelson has a population of about 1,300 people, though only a small percentage of that number would be considered heads of households.

Understandably, the ordinance exempts felons, Nelson citizens who "suffer from a physical or mental disability," "paupers," or people who "conscientiously oppose maintaining firearms as a result of beliefs or religious doctrine." People who conscientiously oppose maintaining firearms for non-religious regions are out of luck, however.

The Brady Center suit alleges that the ordinance violates the First Amendment of the Constitution, which includes the right to free speech and the "freedom to act or not to act.” The Brady Center also argues the ordinance violates the 14th Amendment, which forces the government to treat all American citizens equally. The ordinance enters shaky territory because it draws a line between heads of households and non-heads of household.

Ironically, the Brady Center also argues that it violates the Second Amendment, making this one of the few instances when the Brady Center has fought in the defense of Second Amendment rights. The suit points out that the Second Amendment does not permit the government to require government ownership.

The suit alleges that Harold Lamar Kellett, a student who was forced to purchase a $700 firearm, was “stripped […] of his right to determine how best to protect his home and compelled him to take action and communicate with the public in a manner he would not otherwise have done.”

The ordinance might hold up to scrutiny because it mirrors similar laws such as those that require citizens to buy car insurance. On the other side of the coin, however, forcing Americans to do anything against their will tends to rub courts the wrong way, and a small town of 1,300 people probably can’t afford an expensive court battle. The Brady Campaign has more than enough time and money to invest in a lawsuit.

Source: CNN

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