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Thursday, November 19 2009 |
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Inmate Paul Bourn is representing himself in a lawsuit against a Vermont police department, its chief and some of its officers following a police chase that ended when Bourn crashed into a roadblock.
Bourn, who is being held at the Marble Valley Regional Correctional Facility on unrelated charges, claims he was in a "serious and potentially life-threatening motorcycle accident" as a result of crashing into the roadblock while traveling at 100 mph. As a result of his head bouncing off one of the police cruisers that was part of the roadblock, Bourn claims to suffer "recurring headaches, nightmares, blackouts and unexpected behavioral mood swings."
According to a police affidavit, the pursuit began when officers approached Bourn as a potential suspect in a case involving a customer who drove off without paying for gasoline. Bourn fled before questioning, with the police in chase. A roadblock was ordered, but Bourn alleges that recorded police communications called for the chase and roadblock to be abandoned and that officers failed to comply. Bourn is seeking millions of dollars in damages.
Defendants' counsel Nancy Sheahan denied Bourn's allegations stating, "Plaintiff's injuries or damages, if any, were caused in whole or in part by plaintiff's own negligence, and therefore, plaintiff is either barred from recovery in this action or any recovery against defendant must be dismissed to the extent of plaintiff's own negligence."
Bennington Town Manager Stuart Hurd added that he would like to see the state be more aggressive in dismissing "frivolous" lawsuits before money is spent on litigation.
—Source: BenningtonBanner.com |
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Tuesday, November 10 2009 |
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A Michigan man who robbed a liquor store is suing the owner and three employees, seeking $125,000 in damages.
Scott T. Zielinski robbed Nick’s Party Stop at knife point and threatened to kill its employees. As Zielinski fled the store with cigarettes, liquor and $873 in cash, the employees of the party store allegedly chased, shot twice and assaulted him.
Now Circuit Judge David Viviano has ruled that Zielinski’s case against the store, owner and employees can move forward, provided Zielinski can post a $10,000 bond to cover defendants’ attorney’s fees if he loses the case.
Zielinski is serving an 8-year prison sentence after being convicted of unarmed robbery for the November 2007 heist.
—Source: cbsnews.com |
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Wednesday, November 04 2009 |
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A federal judge in New York threw out a complaint by a lawyer alleging a constitutional right to wear jeans and a baseball cap in court.
Donning an "Operation Desert Storm" baseball hat, blue jeans, and a button-down shirt, attorney Todd Bank appeared before housing court Judge Ann Katz who told him he was dressed inappropriately. Then the court clerk asked him to remove his hat. Bank sued the judge and clerk, claiming his right to free speech and his liberty to dress as he wishes were violated.
U.S. District Judge Nicholas Garaufis disagreed, writing that a courtroom is a "staid environment" where a judge can set reasonable limits to enforce "commonly shared mores of courtroom civility."
Ruling that the case raised "no serious dispute," Judge Garaufis lamented that the Attorney General's office had to expend resources defending the matter.
—Source: Reuters.com |
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Wednesday, October 28 2009 |
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A Florida man may need to pay closer attention to the old adage, “We all put our pants on the same way.”
Escambia County Judge Pat Kinsey dismissed a lawsuit filed by Alfred Freed against an underwear company, stating that the fault lies with plaintiff Freed who testified that “he dresses by placing his underwear inside the pants he plans to wear that day and then pulls both on together. He testified he never puts his underwear on and adjusts himself to get comfortable.”
Freed, who weighs about 285 pounds, sued Hanesbrands, Inc. for $5,000 in damages he blamed on a gap in his briefs that resulted in painful rubbing. Hanesbrands’ expert witness insisted the underwear was fine. Freed rejected the company’s offer to settle for $1,500.
Acting as his own lawyer, Freed argued that the irritation was caused by sand he picked up in his bathing suit while on a Hawaiian vacation. Over time the condition worsened and Freed claimed an abrasion developed because there was a tendency for the fly to “gap” while he walked. The hearing included evidentiary presentations regarding “horizontal tension” versus “vertical tension.” In a four-page ruling, Judge Kinsey wrote, “It was proved to the court that plaintiff’s manner of getting into his underwear was far more likely to have caused this problem than defective manufacturing.”
The lawsuit was dismissed, but Kinsey cited that her jurisdiction did not extend far enough to grant Hanesbrands’ request to ban Freed from posting videos about his case on the Internet.
—Source: Pensacola News Journal (Florida) |
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Thursday, October 22 2009 |
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Bank of America is being sued by a customer demanding that "1,784 billion, trillion dollars" be deposited into his bank account.
Plaintiff pro se Dalton Chiscolm filed a lawsuit in U.S. District Court in Manhattan against the largest U.S. bank and its board, complaining that he placed a series of calls to the bank and received inconsistent information from a "Spanish wom[a]n." According to court documents, he alleges that deposited checks have been rejected because of incomplete routing numbers.
According to an order issued by Judge Denny Chin, "The claim is incomprehensible. Although he alleges that the basis of jurisdiction is federal question, no federal cause of action is stated. Even liberally construed, the complaint does not appear to assert a federal cause of action."
Chiscolm has until today, October 23rd, to amend his complaint to better explain the basis for his claims or his complaint will be dismissed.
—Source: Reuters.com |
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