United States Supreme Court says government can be sued over guards’ actions

March 30, 2013

The United States Supreme court ruled unanimously that the federal government can be sued for abuse claims against prison guards.

The high court ruled for Kim Lee Millbrook, a prisoner at the federal prison in Lewisburg, Pa. who had accused prison guards of sexually assaulting him in May 2010. Prison officials said Millbrook’s claim was unsubstantiated.

The court accepted his appeal and appointed him a lawyer-Justice Clarence Thomas wrote for the court that the lawsuit can move forward.

The Federal Torts Claim Act waives the United States immunity against lawsuits for civil wrongs intentionally caused by federal representatives, including federal law enforcement officers. But the 3rd U.S. Circuit Court of Appeals said immunity is only waived when the law enforcement officer is executing a search, seizing evidence or making an arrest.

Thomas said those terms describe what federal law enforcement officers can do, not what they can be sued for.

The exception waiving immunity from lawsuits against the government “extended to acts or omissions of law enforcement officers that arise within the scope of their employment, regardless of whether the officers are engaged in investigative or law enforcement activity, or are executing a search, seizing evidence or making an arrest,” Thomas said

You can read more on this case at Millbrook v. United States 11-10362

Supreme Court backs Student Textbook Copyright case

Supreme Court backs Student Textbook Copyright case

The United States Supreme Court ruled that textbooks and other good made and sold abroad can be re-sold online and in discount stores without violating U.S. copyright laws.

In a 6-3 opinion, the court threw out a copyright infringement award to publisher John Wiley and Sons against Thai graduate student Supap Kirtsaeng, who used ebay to resell copies of the publisher’s copyrighted books that his relatives first bought abroad at cut-rate prices.

Justice Stephen Breyer said in his opinion for the court that once goods are sold lawfully whether in the United States, or elsewhere, publishers and manufacturers lose the protection of U.S. copyright laws.

“We hold tht the ‘first sale’ doctrine applies to copies of a copyrighted work lawfully made abroad, “Breyer said.

In a dissent for herself, Justices Anthony Kennedy, and Antonin Scalia, Justice Ruth Bader Ginsburg said the court was ignoring Congress’ aim of protecting “copyright owners against the unauthorized importation of low-priced, foreign-made copies of their copyrighted works”

Justice Elena Kagain, joined by Justice Samuel Alito, said in a separate opinion that Congress is free to change the law if it thinks holders of copyrights need more protection. Chief Justice Roberts and Justices Sotomayer and Thomas also were part of the court’s majority.

Kirtsaeng sold $900,000 worth of books published abroad by Wiley and others made about $100,000 in profit.

The case is Kirtsaeng v. John Wiley and Sons 11-697

Long Beach High School to get makeover

March 11th, 2013

Jordan High School in North Long Beach will be getting a makeover over the next four years.

In early 2014, the Long Beach Unified School District will break ground on its major $315.6 million renovation project.

This project is the largest of the school district’s many renovation and construction projects funded through Measure K bonds.

In 2008, Measure K was approved by 71 percent of voters. This measure provides $1.2 billion from property taxes for building, renovating and improving Long Beach schools, many of which are more than 50 years old.

The construction at Jordan will take place in six phases, which will be spread over about 4 years.

The buildings at Jordan High range from 25 to 75 years old. This project will rebuild Jordan from the ground up and reorganize the campus into a horseshoe-like shape with a center courtyard where students can gather.

The project calls for the demolition of buildings on the northeast side of campus, replacing them with modernized classrooms and lab spaces for the school’s small learning communities.

The school will also see new athletic fields and a new cafeteria, as well as a renovated media center, gym, music building and auditorium.

Los Angeles Clippers to overhaul McBride Park, Long Beach

March 11th, 2013
The Los Angeles Clippers have decided to make improvements to one of Long Beach oldest park playground-McBride Park.

At no cost to the city, the Clippers-through a program called FIT Campus Playground and Court Refurbishment program—will donate planning, labor, materials and equipment with the approximate value of $90,000 to renovate the playground and basketball courts at McBride. The prime objective will be to replace the aging playground equipment and completely resurfacing the basketball court. According to the Press-telegram all equipment when finished will be painted Clippers red, white and blue.

The Long Beach City Council unanimously approved the right of entry permits for the program, which will allow the Clippers to begin their work at McBride Park.

The Los Angeles Clippers have requested a recognition plaque for the work, but have not asked for any further naming or sponsorship type benefits to this donation. The project aims to be finished by March 22.