Sunday, December 30, 2007

Qualified Immunity

Third Circuit Rejects Constitutional Claims from Domestic Violence Victim

Friday, September 14th, 2007

Burella v. City of Philadelphia, 04-1157 (3rd Cir., Sept. 13, 2007)

This Third Circuit decision involves an all-too-common tale of domestic abuse turned deadly, and all-too-common allegations that the police failed to protect an abused woman from her psychotic estranged husband. (Fortunately, in this case, the abused wife survived her husband’s murder-suicide plan, though with serious injuries.) The Supreme Court recently dealt with a similar case from the Tenth Circuit, concluding that the police’s failure to arrest an abusive husband did not amount to a Due Process or Equal Protection violation.

But this case has an additional twist: the psychotic husband was a police officer. Nonetheless, this is a distinction without a difference, as the Third Circuit concludes that there is no reason to turn law enforcement’s failings into a constitutional case. The majority explains:

The facts Jill Burella alleges, if true, reveal a terrible deficiency on the part of the Philadelphia Police Department in responding to her complaints of domestic abuse. Binding precedent nevertheless compels our conclusion that the officers’ failure to arrest her husband, or to handle her complaints more competently, did not violate her constitutional right to due process or equal protection of the law.

Judge Ambro concurs to note that the plaintiff may have a very strong tort case, just not a constitutional one. Of course, he also notes that the Commonwealth of Pennsylvania has not waived its sovereign immunity for these types of tort claims. [more Qualified Immunity posts]

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Connecticut State Police Murder/Suicide incidents

Is there not enough oversight of police in Connecticut, and is murder/suicide, spousal beatings, and police misconduct out of control telling all that police can't police themselves?

Michael Bochicchio, a retired Major in the Connecticut State Police, kills himself, kills his wife

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Excerpt: ... In the days before the shooting, Diaz learned he was about to be arrested by West Hartford police for illegally using a state police computer to identify the owner of a car parked in McDermott's driveway. He also learned he would be the subject of a second state police internal affairs investigation - one that probably would cost him the job he loved.

Victor Diaz

Ciara McDermott

[click here] for more on the above story

Where did Michael Bochicchio get $176,000 to just go out and blow gambling? Why did he kill himself, his wife, and wound his wife's lawyer trying to kill her? Was this "officer" trying to keep his friends and the Connecticut State Police from being implicated in a massive conspiracy, obstruction of justice, racketeering, and organized crime schemes, a syndicate of criminal operations of the Connecticut State Police?

Michael Bochicchio, a retired Major in the Connecticut State Police Posted by Hello
[click here] for more on Bochicchio

Note: any links in this or any other blog, no longer go to intended posts

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Donald L. Christmas, allegedly, falsely accused of being a father guilty of spousal abuse after complaining about police, judicial, prosecutorial, and DCF misconduct, retaliation?:
Police, Prostitutes, and Railroading Landlords to Prison

Text with video:
Donny Christmas speaks about what happens to landlords in Connecticut. It is all over, but especially in Enfield, Thompsonville, Stafford Springs, etc.

More about Connecticut cops and prostitutes:

More about what is happening all over Connecticut regarding DCF, Police, the Judiciary, Attorneys, and Officials. It is about misconduct and greed, more:

This story involved Judidial Misconduct of Connecticut Judge Scheinblum, Howard of the Enfield Superior Court. It also involves police misconduct.


Anonymous Anonymous said...

Connecticut Department of Administrative Services along with the Connecticut State Police are involved in International and Domestic Spying and computer hacking. Lisa Masterson was being spied on and her computer hacked into by the Connecticut Department of Administrative Services.

The British government covers up the number of Lyme Disease victims and does not publicise the issue or treat the people who are ill. Lisa Masterson's kids became victims to the fraudulent testing procedure and finally were taken off her by the Social Services.
READ the story and ADD your voice to the petition.

Masterson Family Defence Campaign

Defend the four Masterson children, victims of British cover-up on Lyme Disease!


Action Alert! Action Alert!

Click on the links below

to help the Masterson family get justice.

Sign the Petition to the Mass Media

Sign the complaint to the United Nations (UNHCR)


The Story
Lisa Masterson had her kids fall ill one by one to a serious bacterial infection called Lyme Disease. She got no help from her doctors in Britain, who just told her that Lyme Disease is very rare in the UK. When she asked what was the cause of the kids illness, they told her it was probably from the stress of her splitting up with the childrens Dad.

But Lisa is a trained nurse and soon realised that the kids had very physical symptoms that cant be caused by stress. For example, one of her girls feet used to go blue from bad circulation, her eldest used to get abnormal wandering movements of her eyeballs, and some of the kids got a rash in the shape of a Bullseye. That rash is a typical sign of Lyme.

The story of the suffering of the four kids and their Mum due to this disease is a long one. They were denied any treatment for months. Meanwhile Lisa got in touch with some American Lyme specialist doctors and told them the whole story of the kids illness. They told her it was most likely Lyme disease and to ask her doctors for antibiotics.

By now two of the kids, Danny and Sarah were needing a wheelchair most of the time. Sometimes they couldnt talk or see properly. They couldnt read or understand even the most simple schoolwork any more. Sarah was having hallucinations and absence fits. All the kids were having terrible pains and weakness in their legs.

The doctors agreed to try some antibiotics and the kids got much better. But then they stopped the treatment and told Lisa that the improvement was psychosomatic!!!

After this the children got much worse, especially Danny and Sarah. They began to get confused and even though they were eight, they started to behave like toddlers.

Lisa began to write on the internet, saying we need more awareness in this country about Lyme disease. She wrote a message saying people should set up tables with leaflets informing the public. Thats when her problems really began.

Two social workers came to see her and told her they wanted to take her kids away. She refused and they backed down. The doctors at Northwick Park Hospital in London arranged for some Lyme blood tests at Southampton PHLS laboratory. This is the only place in Britain where you can get tested for Lyme disease. When the tests came back normal, they told Lisa she had Munchausens syndrome by Proxy and that she was causing the illness in her kids by talking to them about Lyme disease. Then they sent police and social workers to her house and took her kids away.

In America, the congress passed a law saying that the Lyme blood tests are not good enough and doctors should not be relying on them. It said that "more that one third (36 percent) of the people with Lyme disease did not test positive on the most sophisticated tests available. "

Click HERE to read more background and details about the text passed by the congress. The Masterson Family Campaign demands that the kids are returned immmediately to Lisa, their Mum, and that they are properly diagnosed and treated for their illness. Join us in fighting for justice for this family. They have suffered enough!

Useful information on Lyme disease:

Sunday, December 30, 2007 5:19:00 PM  
Anonymous Anonymous said...

Monday, December 31, 2007 12:15:00 AM  
Anonymous Anonymous said...

Monday, December 31, 2007 12:20:00 AM  
Blogger Johnnypeepers said...

Hey holmes, I was checking out your profile and wanted to hollah. I like your post on surveillance. That big-brother shit is only gonna get worse. With the aggregation of personal date by corporations who give it to the feds with immunity, the diluting of the U.S. borders with the intent of creating the NA Union to compete with the EU and Asian Union, and national ID cards, I am getting pissed. Fight the good fight yo!

Another freedom soldier

Wednesday, January 02, 2008 2:22:00 AM  

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