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Sexual assault of hospital patients
When a patient is a victim of sexual assault, look to administrative negligence when seeking a remedy
Arthur S. Shorr
Excerpted in part with permission from Arthur S. Shorr, Hospital Negligence: Legal and Administrative Issues, West/Thomson Reuters.
Sexual assault of hospitalized patients is pandemic in a manner similar to that which has recently been exposed in government, entertainment, sports, and business. The healthcare industry has a long-standing history of ignoring complaints of sexual assault, rationalizing patient complaints, and failing to act to prevent additional assaults. This failure is an explicit dereliction of the duty and responsibility of hospital executives to first and foremost create a safe environment and assure patient safety.
Elder Abuse and Dependent Adult Civil Protection Act
(Welfare and Institutions Code, Division 9, Part 3, Ch. 11.)
It is well understood that when patients are admitted to hospitals they forego many elements of self-reliance, including the most basic functions that adults manage, such as how and when to medicate, ambulate, toilet, when and what to eat, to name a few. Hospitalized patients tend to be particularly vulnerable, in a weakened fragile state, because of the impact of medications or because of the underlying disease state that caused hospitalization. Elderly patients may also be suffering from dementia or other altered mental-state conditions and are particularly vulnerable. As a result, when sexual assaults occur, victims in hospitals are even more vulnerable than victims in other circumstances.
The Elder Abuse and Dependent Adult Civil Protection Act (Article 2, 156.23(b) defines a "dependent adult" as any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility. The Act defines "physical abuse" as including sexual assault, sexual battery, rape, sodomy, oral copulation, sexual penetration, and lewd or lascivious acts.
Respondeat superior often fails in sexual-assault cases
The most successful argument that demonstrates corporate negligence for sexual assault is that a sexual assault, a battery on vulnerable hospital patients, is "foreseeable" because the hospital was administratively negligent in failing to establish the safest possible environment by flawed or incomplete hiring, training, supervising, or retaining a questionable employee.
Review of appellate cases demonstrates that, in general, vicarious liability is not an effective plea in sexual-assault cases. To cite two of many sexual-assault cases that reached the appellate courts, "Employer will not be held liable under doctrine of respondeat superior for assault or other intentional tort that did not have causal nexus to employee's work." (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291.) Also, "Resident's actions were not in furtherance of the business of hospital, or within the scope of his employment, and thus could not form basis for recovery under doctrine of respondeat superior. (N.X. v. Cabrini Medical Center, 2002) 97 N.Y.2d 247, 765 N.E.2d 844.)
Administrative negligence in hiring
The process of protecting patients begins with the Human Resources (HR) department and the pre-employment screening and applicant vetting process. The vast majority of perpetrators are hospital employees, most often caregiving staff (nurses, nurse aides, therapists) and ancillary staff (technicians, transporters), job classifications that allow close proximity and physical interaction with patients. An example of administrative negligence is failure to independently validate all details of the applicant's qualifications, licensure, and credentials; check references from previous employers; question and reconcile all gaps in employment history; and perform a comprehensive criminal background check.
In Sparks Regional Medical Center v. Smith (1998) 63 Ark.App. 131, 976 S.W.2d 396, patient Smith alleged that while she was a patient at the hospital she was sexually assaulted by an employee, Chavez, who had been assigned to bathe her. Smith alleged that the hospital had been negligent in hiring Chavez, because he previously had been discharged by St. Edward Hospital for sexually harassing a patient. Five years after being terminated by St. Edward Hospital, Chavez applied for a position at Sparks Regional Medical Center, omitting his employment at St. Edward from his employment history, which resulted in a five-year gap in his employment history. The human resource department at Sparks failed to reconcile this obvious five-year gap in Chavez's employment history. Had they done so, Sparks would have learned of Chavez's previous employment, and could have found that he was not eligible for re-hire at St. Edward Hospital. Confirmation of eligibility or non-eligibility for re-hire by previous employers is among the critical information for determining whether or not an individual should be hired.
Administrative negligence in supervision
In an unpublished case, an aide who was transporting a patient from the emergency department to a nursing station diverted the patient to an unattended nursing station, closed the door to a vacant patient room, and assaulted a sedated patient repeatedly. The receiving nursing unit had been made aware that a patient would be transferred from the emergency department, but the hospital's policies did not require specification of the time of transfer. As a result, the receiving unit had no specific expectation as to when the patient would arrive. This hospital also failed to have a policy requiring that patients being transported from one unit to another be accompanied by a nurse in addition to a transporter. The jury found that the hospital had been administratively negligent by its failure to establish such policies and procedures, and attached liability to the hospital rather than to the perpetrator.
Abuse often occurs post-operatively while the patient is emerging from anesthesia or sedation. It is at this time that patients may be least lucid and least able to defend themselves. However, patients tend to have explicit memories when grossly inappropriate behavior occurs, notwithstanding their temporary cognitive limitations. Abuse also occurs when caregivers are assisting patients with showering, bed-baths, or toileting, or exposing genitalia for wound care.
Joint Commission Standard LD.03.01.01 requires that hospital leaders create and maintain a culture of safety and quality. It is left to individual hospitals to establish policies and procedures that comply with this standard.
For example, policies could include a requirement that two staff members are present whenever a patient is examined or bathed. At the very least, patients should be informed that a chaperone is available. A more proactive policy would allow patients to refuse the presence of a chaperone rather than be advised that one is available upon request. When a hospital ignores the foreseeability of patient abuse in this circumstance it is in effect failing to establish a protocol that prioritizes a culture of safety.
Administrative negligence in retention
Hospitals often respond to allegations of sexual abuse by denying and rationalizing patient complaints of sexual assault. Patient complaints of abuse often are dismissed as hallucinatory post-anesthesia or medication-induced events, or the patient's misinterpretation of routine patient care because nursing staff hasn't adequately explained to the patient what is or will be occurring in the caregiving process.
The default priority of hospital administrators and senior staff is to protect the reputation of the facility, which may shield the predator, effectively enabling serial predators to continue to abuse patients, even when multiple complaints are received by administrators and senior staff. Continuity of concern regarding an individual predator is often disrupted when supervisors change jobs, leave the facility, produce poor documentation or fail to review prior complaints, while the predator remains in place. In these circumstances new supervisors, when faced with a complaint of sexual assault, absent specific staff records to the contrary and having no historical context or knowledge of previous complaints, presume that the alleged predator has a clean record and will give the employee the benefit of the doubt.
Patients rarely are believed
Hospitals rarely report allegations to law enforcement because patients rarely are believed. Bedside caregivers usually report patient complaints to a nursing supervisor, who assumes that the patient was dreaming or hallucinating because of the effect of medication. Typically, the supervisor who interviews the patient has been given no investigative training by the hospital. The Human Resources representative who interviews the accused staff member rarely has any training for investigating a complaint of assault. All too often the patient complaint is considered "resolved" and no further action is taken. A report of the complaint and resolution may be placed in the employee's personnel file. When another complaint about the same employee is made at a later date there may be a new supervisor who has no knowledge of the initial complaint. At that point the interview and resolution begins again; thus, a serial predator has been created as a result of hospital negligence.
In a large number of litigated cases the fact pattern reflects a series of similar allegations about assaults occurring in the same manner on the same nursing unit. Too often, for reasons noted above, hospital leadership dismisses the complaint out of hand and fails to give any credence to the allegation. As a result, the allegations are not investigated, thereby enabling the serial predator the ongoing opportunity to continue to assault additional patients until an incident occurs wherein the allegations are irrefutable and cannot be ignored. In these cases it is clear in retrospect that the hospital had early notice of a sexual predator but failed to act. When this fact pattern is demonstrated, the hospital is exposed to punitive damages because hospital leaders knew or should have known of the prior instances had they been properly investigated.
In Rosenberg v. Encino Tarzana Medical Center et al., Superior Court of California, County of Los Angeles, BC364189, the jury awarded $65 million in punitive damages, citing the hospital's failure to act upon its notice of a series of sexual assault allegations about a specific employee, prior to his assault on patient Rosenberg. This case is a classic example of systemic failures ranging from frontline nursing supervisors to the Chief Executive Officer, demonstrating administrative negligence in protecting patients from serial predators.
In-hospital assault by outsiders
Review of appellate cases demonstrates that in general, premises liability is not an effective plea in cases of sexual assault by outsiders. "Generally, a person has no duty to control the conduct of a third person to prevent injury to another." (Delgado v. Lohmar, 289 N.W.2d 479 (Minn. 1979).)
Exposure to patient abuse by visitors and intruders occurs when hospitals fail to establish and implement visitor containment policies and concurrently sensitize nursing staff to the possibility of safety issues with legitimate visitors and unauthorized intruders. For example, although many hospitals require visitors to register, visitors are rarely asked for the name of the patient they are visiting. As a result, when visitors arrive on a nursing unit it is possible for almost anyone to simply walk past the nursing station and enter any room.
Liability may attach to the hospital based upon its administrative failure to establish and enforce policies and procedures designed to protect patients from intruders. It is the responsibility of the patient care staff to be aware of outsiders on the unit and to challenge anyone whose identity is unknown. According to Joint Commission Standard LD.01.03.01, the governing body is ultimately responsible for the safety and quality of care, treatment and services provided to patients. Joint Commission Standard EC.02.01.01, Elements of Performance, specifically requires that hospitals identify all individuals entering the facility.
When hospitals fail to limit access to patient rooms, and nursing staff fail to challenge and oversee visitors, this failure creates an opportunity for outside predators to assault vulnerable patients. Policies and procedures should include sign-in sheets and stick-on name badges for visitors, specifically noting the room number and the name of the patient the visitor is authorized to visit. Limiting access to nursing units in this manner, and requiring nursing staff to respectfully engage every person who enters the unit, by acknowledging their presence and verifying their destination, demonstrates a sense of priority to maximizing patient privacy and protection.
Administrative failure to train
Hospitals typically require staff to sign an acknowledgement of the institution's policy regarding sexual abuse and harassment. Other than addressing the issue in new staff orientation, hospitals rarely if ever follow through with annual in-service education sessions devoted to this topic. A proper curriculum should address reviewing and enforcing policies and procedures for responding to complaints of sexual assault, as well as policies related to hiring and reporting. When hospitals negligently fail to create a sense of priority and fail to sensitize staff to the possibility of patients being sexually assaulted, sexual predators are enabled to assault patients.
Licensed staff, as well as supervisors and administrators working in hospitals, are considered "mandated reporters" under the California Elder Abuse and Dependent Adult Civil Protection Act. When a mandated reporter has observed or has knowledge of an incident that reasonably appears to be abuse, the incident must be reported to the Department of Health. However, hospital policies often conflict with this requirement, and instead direct that allegations of sexual assaults be handled through the hospital incident-reporting mechanism. Because an allegation of sexual assault is an allegation of a crime, hospitals should establish policies to ensure that there is timely involvement of law enforcement so that allegations can be professionally investigated. The alleged perpetrator must be placed on suspension and isolated from all patient interaction until the investigation is complete.
Although there is always a first time for each predator, most preventable instances of sexual abuse are committed by serial predators. In order to create a culture that is sensitive to preventing sexual abuse, hospitals must recognize this fact and incorporate it into the overall goal of creating and overseeing a safe environment. A climate that encourages sexual assaults is created when nurses and nursing supervisors do not fully understand their reporting responsibilities when receiving a complaint alleging sexual assault.
Elements of discovery in sexual-abuse cases
The perpetrator's employment application;
The perpetrator's personnel file maintained in Human Resources redacted as to information considered confidential, such as social security number, pay rates, dependents, health insurance;
The perpetrator's file maintained in the department in which he works;
The Human Resource department's policies and procedures related to employment interviews, documentation of employment interviews, hiring, criminal background checks, employment reference checks, documentation of employment reference checks;
Incident reports involving the perpetrator;
Incident reports involving this patient/this case;
Notes of investigation carried out by hospital with regard to this incident;
All patient allegations of sexual assault occurring within the past three years, redacted as to patient name. These may be maintained in a variety of departments, usually Risk Management or Patient Relations; possibly, though less likely, in the Nursing Administration office;
Notes from investigations of all allegations of sexual assault occurring within the past three years, redacted as to patient name;
Copies of reports made to Department of Health, OIG, Adult Protective Services, police, or other agencies with regard to allegations of sexual assault over the past three years, including this incident;
Policies and procedures for responding to patient allegation of sexual assault;
Records demonstrating training of relevant staff with regard to responding to patient allegation of sexual assault;
Orientation curriculum and in-service curriculum regarding sexual assault;
Annual licensure surveys conducted by the Department of Health for two years prior to this incident, the year of this incident, and one year subsequent to this incident;
Complaint surveys conducted by the Department of Health for two years prior to this incident, the year of this incident, and one year subsequent to this incident;
Depositions of individuals involved in this investigation;
Depositions of individuals involved in investigations of allegations of sexual assaults;
Depositions of percipient witnesses, Nursing Director of the unit where the incident occurred, Risk Manager, Chief Nursing Officer, and Chief Executive Officer;
All hospital marketing materials;
Corporate bylaws;
Job descriptions of all deponents.
Sexual assault of hospitalized patients is a significant foreseeable problem. Although hospitals cannot protect patients from every conceivable risk, hospital Chief Executive Officers (CEOs) should be actively involved in taking prudent management actions to address a patient's right to freedom from sexual abuse. Attorneys should recognize that the hospital, rather than the perpetrator, may be liable for sexual assault when it has failed to meet administrative community standards that address patient safety.
Arthur S. Shorr has consulted and/or testified in more than 50 hospital-sexual-assault cases over the past 20 years. He is president of Arthur S. Shorr & Associates, Inc., Consultants to Health Care Providers; a management consulting firm providing operational consulting, business, and strategic planning services to hospitals, medical groups and physicians. He has been chief operating officer of acute care hospitals including Cedars-Sinai Medical Center. Mr. Shorr serves as an expert witness in matters of corporate negligence and institutional liability. He currently serves as a member of the governing board of an acute care hospital in California. Mr. Shorr can be reached at avishorr@gmail.com.
Subject Matter Index
Sexual Assault (Battery - Rape - Abuse)
Copyright © 2023 by the author.
For reprint permission, contact the publisher: www.plaintiffmagazine.com


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Europan 11 Central Lake
Municipality of Leeuwarden, Elkien, Europan Europe
Leeuwarden, NL
urban planning, housing
competition, special mention
Budcud: Mateusz Adamczyk, Marcelina Kolasińska, Agata Woźniczka
On the beginning of Leeuwarden the village was located by an inlet – a big lake determining the city sprawl. Then the lake was changed into a typically Dutch grid of canals and fields, with the city extending into a dense grid of streets and canals. City block became the main typology. Later on it sprawled onto Middelzee and the city spirit was lost. Nevertheless, with our strategy we want to revive the primal nature of the site! The statement is made by adjusting canal grid once again with a simple gesture of squeezing it into a bigger volume. The new lake is created, and therefore an outstanding water features describes Leeuwarden again. Also our site character is now distinctive. Still similar to a big city block, but manifesting the love of nature and water of its future inhabitants.
It is as natural as a region of Fryslan should be, directed into the phenomena of something between urban and rural lifestyle. Absolutely honest in its return to nature and celebration of a common space, yet with a respect to private. It is environmentally conscious, but in a modern way, with its contemporary approach.
Housing is organized around the lake, guaranteeing spectacular views and contact with nature. There are 304 sites from witch 300 host single family housing typologies: free-standing houses, semidetached and detached housing, with height ranging from one floor bungalows to 3 story houses. Four sites are taken by apartment blocks, with total number of 100 units, opting for 400 apartments in total. Site width vary between 6 and 10 m, its depth from 20 to 80 meters, giving a total area from 150 sqm to 485 sqm per site. It is efficient enough and still cheap to buy. Housing units are put in sets as mediators to create subdivisions of the whole area.
From inside the site, the arrangement allows wide angled perspectives full of greenery and water, giving the illusion of uninhabited, virgin land (for those who live there). From outside it seems like a dense part of a city, giving us a dream come true. The site arrangement is like a magnetic field – with an intense social performance zone in the center, just like in Central Park, New York, where green area became city orientation surface, it's relief and activity zone. Just like Manhattan blocks, Leeuwarden sites are arranged around the lake, perpendicularly to the closest waterline, forming compact stripped masterplan. Long, narrow sites allow to locate units in few different condition.
It can be closer to the road, leaving the great area for 'a secret garden' and a long perspective to the lake. A house can be located in the middle of the site, retreating itself from the road, indulged in a garden. A private water platform can be located at the back part of the site, used according to the need- as a fishing spot, boat platform or a sundeck. Water lovers can have their house on the verge of the lake, overlooking their boat moored nearby or even under the first floor. The set of sites, where the buildings are moved from the road, forms a park panorama. That strategy saves the community funds reserved for public spaces, because the park is maintained by private owners, but used and admired by the whole community. Dimensions of the site give one more urban strategy- a possibility of subdivision depending on the real estate market situation. With site sizes being interchangeable, the total footprint could get more intense without losing the spontaneous character of the site.
Gdański Urban Sofa	Public space
Entrance to Warsaw	Public space Strategies Urbanism
World Villages	Architecture Public space Strategies
Nowe Żerniki. Public Space	Public space
Jewish Culture Festival Boulevard	Public space
New Towarowa	Public space Strategies Urbanism

redpajama_set_name: RedPajamaCommonCrawl


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Girls basketball: Hun over St. James (MD) - Peddie Girls Tip-Off Tournament
Updated: Dec. 03, 2021, 9:07 p.m. | Published: Dec. 03, 2021, 9:07 p.m.
By Nestor F. Sebastian | NJ Advance Media for NJ.com
Junior Sasha Moise tallied 21 points to lead Hun to a 66-15 win over St. James (Md.) at the Peddie Girls Tip-Off Tournament at Peddie High School in Hightstown.
12/3 - 4:00 PM Girls Basketball
St. James (MD) 15
Hun 66
Hun will next play tomorrow against Pennington, which beat St. Benedict's 56-47.
Hun improved to 2-0 for the season.


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Line Up Is Set for IFZA Silver Cup 2023 Final
CORONEL SUAREZ POLO CLUB will be back to compete in the POLO RIDER CUP
Polo+10
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Home / Cities / Mumbai News / India mulls denying Pakistan airspace, flyers may feel pinch
India mulls denying Pakistan airspace, flyers may feel pinch
Published on Sep 29, 2016 09:35 AM IST
BySoubhik Mitra and Tushar Srivastava
MUMBAI/ NEW DELHI: India may review its air links with Pakistan, a move aimed at scaling down engagement with the neighbour after militants from across the border killed 18 soldiers at the Uri army base on September 18.
The government is already reviewing the 56-year-old Indus Waters Treaty to explore ways to make optimum use of three rivers flowing into Pakistan from India, but within the ambit of the World Bank-brokered agreement.
These are non-military steps the NDA government has initiated after the Uri attack, apart from efforts to isolate Pakistan diplomatically.
If New Delhi decides to ban air links and overflight facilities with Pakistan — as it had done after the Parliament attack in December 2001 — flyers of both countries might have to pay more and flying hours will increase too.
Sources said a review of the air services agreement with Pakistan was next on the agenda. The bilateral agreement says airlines from each side can operate 12 flights a week. India doesn't have flights to Pakistan, but the Pakistan International Airlines (PIA) operates to Delhi and Mumbai.
If PIA flights are banned over Indian airspace, they will need to take a long detour to fly to Bangladesh and destinations in Southeast Asia.
"Airlines are forced to change routes only in case of an airspace closure. In this case, airlines from the two countries will have to revise flight routes and prepare themselves for fat fuel bills," said a former Directorate General of Civil Aviation official who didn't wish to be named.
Industry experts were of the view that there might not be an immediate impact on fares, but airlines could pass the burden on passengers in the long run if New Delhi decides to snap air links with Pakistan. "The price rise could go up to 20% since jet fuel accounts for almost half the operation cost of an airline," said a member of the Civil Aviation Economic Advisory Council, an independent think-tank appointed by the government in 2012.
When India snapped air services with its neighbour after the Parliament attack, Air India was the lone airline operating international flights. The national carrier's flying time for West-bound flights increased by up to an hour and its annual fuel bills rose by around Rs 40 crore during the two-year closure, said a retired official from the air traffic control department. A similar situation now will hurt Pakistan more because all its east-bound flights will require a long detour through China.
Flights from India will get affected too. "Our Europe and US-bound flights will become longer by 45 minutes to an hour," said a Boeing commander with a private airline.
An almost 10-hour Mumbai-London flight that travels through Karachi would fly above Iran and reach the destination an hour later, the pilot said. Flights from Delhi might take the same route through Ahmedabad or fly through Uzbekistan.
Airlines might face pilot shortage if the closure is for a long haul. According to DGCA rules, international flights with less than 10 hours of travel time could be operated with two pilots. But if the time extends, the airline would have to roster another pilot.


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Do Not Migrate
Diane Wei Liang: Chinese whispers
12:01AM BST 20 Apr 2008
She's renounced her citizenship and given up speaking Mandarin, yet the detective novelist Diane Wei Liang is still haunted by echoes of the country of her birth, as her latest mystery, set in Beijing, shows. She talks to Harriet Lane
If ever a woman has shown herself to be the architect of her own destiny, it's the writer Diane Wei Liang. The life she leads now is so extraordinarily different to the life she was born into in 1966 that it's almost impossible to reconcile the two.
The woman standing on this west London doorstep has changed all the key elements of her identity: not just her country of residence and profession, but also her nationality, the language she uses at work and home, and even her name. Her whole existence is to some degree a construct - a sign not just of her ambition and energy, but also of a desire to escape her past.
In her early twenties, arriving in America with a scholarship, Liang did the customary thing and picked out a Western first name, relinquishing Wei, the name with which she had grown up. Why Diane, I wonder? There's a faint giggle and some eye-widening at this, as if it's an inappropriate question. 'I liked Greek mythology,' she says eventually. 'And Diana was an amazing goddess.' In fact, Diana was the Roman name for the goddess of the hunt, but all in all it has proved a pretty apt choice.
A soft-spoken, self-possessed creature in skinny jeans and Marni wedges, with a curtain of sheeny hair behind which she retreats if the question is not to her liking, Liang is the daughter of two college-educated professionals swept up in the horror of the Cultural Revolution. In 1970 they were sent with other 'intellectuals' to a labour camp in the mountains of south-west China to be reprogrammed so as to function usefully within Mao's vision of a peasant-based society. The infant Liang spent her days singing revolutionary anthems at the camp's kindergarten. One teacher taught her charges a traditional Taiwanese folk song; she vanished overnight.
9 April 2007[Global]: My kind of town: Beijing
In 1972 the labour camp was closed down; she and her mother moved to Beijing, where her mother found work as an administrator, while her father was sent to work in Shanghai. At school Liang yearned to shine, particularly during Xue Nong, or 'Learning from Peasants', when her class was set to work in the fields, cutting wheat or gleaning grain. 'I picked as fast as I could, my eyes wide open for fear of missing a single piece,' Liang writes in her memoir Lake With No Name. All this effort, and still her classmates viewed her with suspicion, stuffing her desk with ashes and calling her 'Capitalist Little White Face'. After school, children threw stones at her, so she became a fast runner. 'It was not my talent but my desire to escape that made me such a good athlete,' writes Liang. It's a statement that possibly holds the key to other aspects of her life, too.
After Mao's death and the end of the Cultural Revolution, Liang won a place at an elite school in Beijing and then at Beijing University, where she read psychology. In 1989 she was 22, an academic high-flier, keen to study in America because, as she writes in the book, 'I want to make changes in my life.' As some of her friends were politically engaged, Liang was drawn, almost by osmosis, into the pro-democracy movement, which culminated in the Tiananmen Square massacre in June. She marched, took water to the hunger-strikers and climbed up on top of a tank, pushing leaflets on its occupants. Yet the memoir somehow manages to sidestep the emotion in events, whether it's trouble with male suitors or soldiers from the People's Liberation Army. Reading it, I'd been perplexed by its impersonality, and seeing Liang today, I'm again aware of that same detached, noncommittal quality. (It is fitting, for example, that we meet in a Kensington house belonging to a friend of hers. Her own home in Holland Park, she says, is full of builders.) Perhaps it's a language issue; perhaps she simply prefers to keep people at arm's length.
Liang left China for good in 1989. She became an academic, teaching business management at the University of Minnesota, and married a German management consultant she'd met at business school. In 1998 they moved to London. (She now has British citizenship as well as American. Since Beijing does not permit dual nationality she no longer has a Chinese passport.) On maternity leave from Royal Holloway college after the birth of her second child - she has a boy and a girl, nine and seven - she found herself drawn back to events at Tiananmen and began her memoir. 'It was a reflective period… I had time to slow down and do some thinking.' Five agents were interested in the resulting manuscript.
After publication someone nudged her towards the idea of a detective novel set in Beijing, so Liang, who knew nothing about the genre, conscientiously worked her way through Chandler, Leonard and Simenon and then wrote The Eye of Jade, in which an independent-minded private eye, Mei Wang, decodes a mystery involving stolen antiquities while struggling with her own family problems. As Mei's history includes a childhood spent in a labour camp and romantic entanglements during the pro-democracy crackdown, you suspect the novel is Liang's riff on what life might possibly have been like had she stayed in China.
Like the narrow alleys Mei scoots down in pursuit of leads, The Eye of Jade and its sequel, Paper Butterfly, out next month, are pleasingly crammed with won-ton restaurants and gambling joints called Luck Come Together; in both books the atmosphere of contemporary Beijing, in which old and new coexist uneasily, is compelling. Liang is reluctant to be drawn on the political situation in China and Tibet (a legacy, perhaps, of her history); instead, she prefers to concentrate on how far Chinese society has travelled in her lifetime. 'When I was growing up I was told not to say anything to my neighbours, to be very careful,' she recalls. 'Aged ten I saw everyone as a threat. And today you can say anything in private! Anything! You can speak against the party, you can be against Communism, and it's not a problem for private individuals. So the changes over the last 30 years - it's unbelievable.'
When Liang gave up her academic post in 2006 to write full-time, she decided to stop speaking Standard Mandarin to her children. 'I had to stop speaking Chinese. Otherwise, I felt my English would deteriorate as well. My husband is upset that our children won't learn Chinese.' She shrugs, lightly: English is a language on the ascendant in China anyhow, she says, so it's not that much of a loss to the children. She's certainly no sentimentalist. They don't bother with Chinese festivals or rituals at home, not even New Year or the special 'long life' birthday noodles that she writes about so evocatively (however, her children love her glazed spare ribs and tomato fried with eggs and dumplings). When she goes back to Beijing to visit her sister and widowed father, she finds communication difficult. Nowadays she even dreams in English.
However, the writing is still a struggle, she says. She has just started the third Mei Wang mystery, and it's a slog, especially now she has to fit in international book tours. 'It never came easily. I'm a very slow writer.' But she finds the solitary, reflective process of fiction deeply satisfying. 'It suits my personality. I was out with a friend, shopping on Bond Street, and after three hours I said, "I have to go home before the children come out of school, so I can sit down and write a little bit more." And this friend was saying, "Well, I can't possibly have lunch on my own." And I realised that's exactly what I wanted to be: alone. I'd had enough - horrible to say this - social interaction for the day.'
She says she doesn't miss teaching or business. She was ready for a change. 'I don't know if I was ambitious to start with,' she says, not entirely convincingly. 'I have never had a concrete idea of what I wanted to be. Scientist. Artist. Et cetera. But I think I probably wanted to be - and still hope to be - someone who is unique. We all have just one life to live, a certain number of years. I like not to be conventional.'
Just occasionally, though, she hears the siren call of her old life. 'Sometimes, when I get too trapped in the writing, I go out, buy the Financial Times and read. It's quite relaxing,' she says, matter-of-factly, 'to read about someone having just lost £3 billion.'
'Paper Butterfly' (Picador, £12.99), by Diane Wei Liang, published on 2 May, is available from Telegraph Books (0870 428 4115; books.telegraph.co.uk) at £11.99 plus £1.25 p&p
Diane Wei Liang [official site]
60 inspiring photographs


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Posts Tagged 'Smith v. GTE Corp.'
FEDERAL JUDGE VIOLATES FIRST AMENDMENT, TENTH AMENDMENT RECEIVES ABSOLUTE IMMUNITY
Judge Donald L. Graham, "Teflon Don"
Purpose of This Post
In order to preclude the haters and defenders of the status quo from their seemingly religious fervor for judicial independence, the purpose of this post is not to argue that U.S. Dist. Judge Donald L. Graham, "Teflon Don" did not have "absolute immunity" or "judicial immunity" for the prohibited acts described here. On the contrary, it is to show the American public what federal judges can receive immunity for. This post will demonstrate that a judge can act like a bull in a china shop with respect to the constitution and well established law and still escape accountability. Additionally, this post will document the Eleventh Circuit's affinity for deploying unpublished opinions that deliberately omit material facts in order to achieve the desired outcome. The Eleventh Circuit lacks testicular fortitude and the courage of its beliefs because it adamantly refuses to state the acts that Judge Graham was given absolute immunity for. If Teflon Don has really has immunity, then why won't his enablers state what he is immune from? Chief Judge J.L. Edmondson, Eleventh Circuit, U.S. Court of Appeal, does not consider a federal judge's willful disdain and contempt for the Constitution of the United States and well established law to be misconduct within the meaning of the Judicial Misconduct and Disability Act. Lastly, the American Bar Association, "ABA", has asked the American public to drink its Jim Jones type koolaid and their dogmatic mantra of "judicial independence". This post will demonstrate the dangers of "judicial independence" versus public scrutiny and accountability.
See if you can tell, by reading the opinion only, what Judge Graham is given immunity from.
ELEVENTH CIRCUIT'S OPINION
Case No. No. 02-13418, Unpublished Opinion by Judge Ed Carnes, Judge Charles R. Wilson, and Judge Phyllis A. Kravitch.
The following represents the only discussion in the entire Opinion as to why Judge Graham and his Magistrate, Frank Lynch, Jr. have absolute immunity.
Viewing the facts in a light most favorable to Mason, we find that he fails to state a cognizable First Amendment claim against Judges Graham and Lynch that would entitle him to relief under § 1983, § 1985 or § 1986. Moreover, judges are entitled to absolute judicial immunity for all acts undertaken in their official capacity unless they acted in "clear absence of all jurisdiction." See Bolin v. Story, 225 F.3d 1234, 1239 (11th Cir. 2000). Neither party disputes that the alleged constitutional violations arose out of actions taken by Judges Graham and Lynch in their official capacities. While Mason alleges that the orders issued by both judges were "illegal and void ab initio" he fails to plead any facts that show that the judges did not act within their legitimate jurisdiction. Therefore, absolute judicial immunity precludes § 1983, § 1985 and § 1986 claims against Lynch and Graham.
See Opinion, pgs. 4,5. This is a mere conclusory statement that all courts routinely reject from litigants. Additionally, this opinion is blatantly dishonest in that deliberately mischaracterizes Mason's legal arguments for the nefarious purpose of achieving the desired outcome. See Appellant's Initial Brief pgs. 26-34, for an accurate characteriztion. In the words of the former United States Senator Robert Dole: "Eleventh Circuit quit distorting my record!". The apparent holding of this opinion is that a federal judge can acquire a case number and set about making up any kind of sh&&### he wants and still be the beneficiary of absolute immunity.
What Judge Graham Was Sued For
Judge Graham was sued in District Court Case No. 02-14049-CV-KMM, Eleventh Circuit Case No. 02-13418 for orders he issued in Dist. Ct. Case No. 99-14027-CV-Graham, Marcellus Mason v. Heartland Library Cooperative, Highlands County Board of County Commissioners, et.al. Heartland Library Cooperative and Highlands County Board of County Commissioners are local governments. Judge Graham's Magistrate, Frank Lynch Jr., issued the following orders or injunctions prohibiting direct communication with the government under the guise of "judicial authority".
Plaintiff shall be prohibited from contacting any of the Defendants,including their supervisory employees and/or the individual Defendants, regarding any matter related to this case.
(DE #201). This order is dated June 19,
Plaintiff shall be prohibited from contacting any of the Defendants, including their supervisory employees and/or the individual Defendants, regarding any matter related to this case..
(DE #246). See Complaint, Pg. 16, ¶150.
The lawsuit, Case No. 02-14049-CV-KMM, Eleventh Circuit Case No. 02-13418, asserted claims under 42 U.S.C. §§1983,1985,1986 for issuing the above orders in Case No. 99-14027-CV-Graham/Lynch. See Complaint, Pg. 16, ¶150. The legality or illegality of these injunctions are central to the lawsuit. According to the Fifth Circuit, U.S. Court of Appeal, Test Masters Educational Services, Inc. v. Singh, 428 F.3d 559, 579 (Fed. 5th Cir., 2005) an order that an order enjoined a litigant "from communicating directly with, threatening, or harassing Test Masters Educational Services, Inc., its employees, its staff, or TES's counsel, counsel's employees, or counsel's staff" constituted an invalid prior restraint and a unconstitutional limitation on free speech. In this case the order went even further as it attempted prohibit direct communication with the government and to place restrictions how Mason accessed Public Records under Florida Law.
A United States Circuit Judge on the Dangers of Unpublished Opinions
It was Circuit Judge Richard S. Arnold, 8th Cir. U.S. Court of Appeal who said:
Judge Arnold, now deceased, cannot be resting comfortably. In Anastasoff. v. United States, 223 F.3d 898 (8th Cir. 2000), Judge Arnold and his panel declared unpublished opinions to be unconstitutional. This opinion was subsequently vacated on other grounds, 235 F.3d 1054 (8th Cir. 2000) by en banc court.
Links To Briefs and Opinions
Appellant's Initial Brief
Appellant's Reply Brief.
Judge Graham's Appellees' Brief. Prepared by AUSA Kathleen M. Salyer
Complaint. An html version of the original complaint.
Trial Court's Opinion, Report and Recommendation, R&R, Docket # 52, authored by Magistrate John J. O'Sullivan, adopted by the District Court, Docket # 56. The R&R by Judge O'Sullivan is a scathing personal attack on Marcellus Mason that uses six of the seven total pages for that purpose. These six pages have nothing to do with why the lawsuit was filed. At the risk of straying off point, this R&R is a must read for three reasons. Firstly, it is blatantly dishonest because it mischaracterizes the nature of the complaint and is very evasive. Secondly, it points up why judges can not be trusted to police themselves. It relies heavily on a clearly void sua sponte issued pre-filing injunction. See Case Law. Is a Magistrate Judge, an inferior judge, that lacks Article III protections going to recommend that a superior District Judge be held liable in a lawsuit?
SHORT CASE SUMMARY
District Court Case No. 02-14049-CV-Moore
This lawsuit was filed against Judge Donald L. Graham and Magistrate Judge Frank Lynch, Jr. and is directly related to another lawsuit, Case No., 99-14027, Mason v. Heartland Library Cooperative, Highlands County Board of County Commissioners,et.al. This lawsuit expressly demanded "judgement against Lynch and Graham in the form of injunctive and declaratory relief and any other lawful relief. MASON further demands trial by jury." See Complaint, Pg. 16, ¶150. This lawsuit asserted claims under 42 U.S.C. §§1983,1985,1986 for issuing the following orders in Case No. 99-14027-CV-Graham/Lynch:
Incidentally, though not the point of this post, the Eleventh Circuit has fought tooth and nail to avoid reviewing these orders for validity on multiple occasions. See this site, post "Eleventh Circuit Repeatedly Refuses To Review Orders For Validity".
District Court Case No. 99-14027-CV-Graham/Lynch
Marcellus M. Mason, Jr. of Sebring, Fl. filed an employment discrimination lawsuit against the Highlands County Board of County Commissioners and Heartland Library Cooperative and other governmental entities and individual government employees in February 1999. The case was originally assigned to then Chief Judge Edward Davis who retired. On February 20, 1999, Judge Davis allowed Mason to proceed in forma pauperis, "IFP", or to proceed without paying the required filing fee for a lawsuit. Docket Entry No. 3. This case was ultimately assigned to Judge Donald L. Graham and Magistrate Frank Lynch Jr., Case No. 99-14027-CV-Graham/Lynch. After protracted litigation, the case was dismissed pursuant to Fed.R.Civ.P. 41(b), not on the merits of the case, but based upon banned and irrelevant out of court constitutionally protected and legal communications between Highlands County and Mason. See Report and Recommendation, "R&R" (D.E.766), Order adopting R&R (D.E791). See Banned Communications. Judge Graham declined to reach the merits of the case as there were summary judgment motions pending on the day the case was closed. See Docket Sheet, Defendant's motion for summary judgment, (Doc. 769);(Doc. 770), and the Plaintiff's motion for summary judgment as well, (Doc. 507); (Doc. 667); (Doc. 668); (Doc. 706); (Doc. 797). More Background.
PREEMINENCE OF FLORIDA SUPREME COURT INTERPRETING FLORIDA LAW
Federal Courts are bound by the highest state court's interpretation of its laws. The Supreme Court of the United States has said neither it "nor any other federal tribunal has any authority to place a construction on a state statute different from the one rendered by the highest court of the state." Johnson v. Fankell (96-292), 520 U.S. 911 (1997). "Except in matters governed by the Federal Constitution or by Acts of Congress, the law to be applied in any case is the law of the State. And whether the law of the State shall be declared by its Legislature in a statute or by its highest court in a decision is not a matter of federal concern." Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938).
ABSOLUTE IMMUNITY
"As a class, judges have long enjoyed a comparatively sweeping form of immunity, though one not perfectly well defined." Forrester v. White, 484 U.S. 219, 226 (1988). A long line of Supreme Court "precedents acknowledges that, generally, a judge is immune from a suit for money damages." Mireles v. Waco, 502 U.S. 9, 10 (1991). "[I]mmunity is overcome in only two sets of circumstances. First, a judge is not immune from liability for nonjudicial actions, i.e., actions not taken in the judge's judicial capacity. Second, a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction." Id. at Pg. 12. "The proponent of a claim to absolute immunity bears the burden of establishing the justification for such immunity." Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 432 (1993).
Judge Graham does not have absolute for two reasons. Firstly, Judge Graham acted in clear violation of all jurisdiction. "But when a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes or case law expressly depriving him of jurisdiction, judicial immunity is lost. See Bradley v. Fisher, 80 U.S. 13 Wall. 335, 351 (1871)("when the want of jurisdiction is known to the judge, no excuse is permissible"); Turner v. Raynes, 611 F.2d 92, 95 (5th Cir. 1980) (Stump is consistent with the view that "a clearly inordinate [**13] exercise of unconferred jurisdiction by a judge-one so crass as to estab-lish that he embarked on it either knowingly or recklessly-subjects him to personal liability")."
Rankin v. Howard, 633 F.2d 844, 849; 1980 U.S. App. LEXIS 11690, *12-13 (9th Cir. 1980).
The acts which formed the basis of the lawsuit were not judicial in nature.
The Acts Were Legislative Not Judicial
Judges have immunity for judicial acts only. "[J]udges do not receive immunity when acting in administrative, legislative, or executive roles." Barrett v. Harrington, 130 F.3d 246 (6th Cir. 1997)(citing Forrester v. White 484 U.S. 219, 229-30). Judges do not have immunity for legislative acts. In Tober v. Sanchez, 417 So.2d 1053, 1055 (Fla. App. Dist. 3 1982) succinctly and aptly stated: "We would be less than candid if we did not acknowledge that, as the present case demonstrates, public agencies are placed at a disadvantage, compared to private persons, when faced with potential litigation claims. It is also pertinent to observe that the wisdom of such a policy resides exclusively within the province of the legislature." In Supreme Court of Virginia v. Consumers Union of United States, Inc., 446 U.S. 719, (1980), the U.S. Supreme Court held that is rulemaking a legislative act where as here Judge Graham propounded a rule which did or does not exist. Judge Graham has stated:
Plaintiff shall correspond only with Defendants' counsel including any requests for public records. (DE #246). This act is allowed by the First Amendment, the Florida Statutes, and the Florida Constitution. "The right to petition government for redress of grievances — in both judicial and administrative forums — is '`among the most precious of the liberties safeguarded by the Bill of Rights.' Because of its central importance, this right is 'substantive rather than procedural and therefore cannot be obstructed, regardless of the procedural means applied.'" Graham v. Henderson, 89 F.3d 75 (2nd Cir. 1996) (quoting United Mine Workers v. Illinois State Bar Ass'n, 389 U.S. 217, 222 (1967)). Consequently, Judge Graham has to legislate his act.
Judge Graham has decreed: Plaintiff shall correspond only with Defendants' counsel including any requests for public records. (DE #246). The Florida Constitution does not require a person to seek the permission of anyone to request public records much less private attorneys. "Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state,.." Florida Const. Article I, Section 24. The Florida Courts have repeatedly held that policy-making and rule-making with respect to the Florida Public Records Act is the exclusive domain of the Florida Legislature. See Housing Authority v. Gomillion, 639 So.2d 117, 122 (Fla.App. 5 Dist. 1994)("Any change, exemption, or modification must, of necessity, come from the legislature."); Tribune Co. v. Public Records, 493 So.2d 480, 483 (Fla.App. 2 Dist.1986)("And only the legislature can create such an exemption, not the court or custodian."); Barfield v. Ft. Lauderdale Police, 639 So.2d 1012, 1014 (Fla.App. 4 Dist. 1994)("If the common law privileges are to be included as exemptions, it is up to the legislature, and not this Court, to amend the statute."); Tampa Television, Inc. v. Dugger, 559 So.2d 397, 398 n.5 (Fla.App. 1 Dist.1990)("[T]he Public Records Act, excludes any judicially created privilege of confidentiality and exempts from public disclosure only those public records that are provided by statutory law to be confidential or which are expressly exempted by general or special law.") . According to the Florida Supreme Court, the Florida Public Records Act creates substantive right that only be restricted by the Florida legislature.
""While Henderson is certainly correct that chapter 119 grants a substantive right to Florida citizens, the legislature also has the prerogative to place reasonable restrictions on that right."
Henderson v. State, 745 So.2d 319 (Fla. 1999). Florida Courts have repeatedly hat the Federal Rules of Civil procedure or any court rules have do not affect a person's right under Florida Public Records law. See B.B. v. Dep., Children & Family Serv., 731 So.2d 30, 34 n.4 (Fla.App. 4 Dist. 1999)("Section 119.01 is not intended to expand or contracts rights under court procedural rules."); Wait v. Florida Power & Light Co., 372 So.2d 420, 425 (Fla. 1979)("[W]e do not equate the acquisition of public documents under chapter 119 with the rights of discovery afforded a litigant by judicially created rules of procedure.") If the Florida Supreme Court declines to place restrictions on the right of access to Florida's Public Records, then who in the hell Teflon Don to do so?
The United States Supreme Court and the Congress has expressly prohibited federal judges from imposing its will on litigants by making rules or orders that abolish or nullify a right recognized by the substantive law of the state. In Sibbach v. Wilson & Co., 312 U.S. 1, 10 (1941), the Supreme Court held:
Congress has undoubted power to regulate the practice and procedure of federal courts, and may exercise that power by delegating to this or other federal courts authority to make rules not inconsistent with the statutes or constitution of the United States; but it has never essayed to declare the substantive state law, or to abolish or nullify a right recognized by the substantive law of the state where the cause of action arose, save where a right or duty is imposed in a field committed to Congress by the Constitution. On the contrary it has enacted that the state law shall be the rule of decision in the federal courts.
In Hanna v. Plumer, 380 U.S. 460, 472 (1965), the Supreme Court stated:
We are reminded by the Erie opinion that neither Congress nor the federal courts can, under the guise of formulating rules of decision for federal courts, fashion rules which are not supported by a grant of federal authority contained in Article I or some other section of the Constitution; in such areas state law must govern because there can be no other law.
Clear Absence of Jurisdiction
Lack of Jurisdiction
Judge Graham lacked jurisdiction because the Defendants, Highlands County Board of County Commissioners lacked standing. The Defendants, a government agency, asked for an "preliminary injunction" not to be communicated with directly. ""Defendants, Highlands County Board of County Commissioners … hereby moves the Court for an Injunction prohibiting the Plaintiff, Marcellus Mason, from contacting directly,' via correspondence, electronic mail, telephonically, or otherwise, any supervisor or employee of any of the Defendants in the above-styled litigation."" Docket Entry 199. This is an absurd proposition on its face. The Supreme Court has said that in order "to satisfy Article III's standing requirements, a plaintiff must show (1) it has suffered an "injury in fact" that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.,528 U.S. 167 (2000). The Defendants only claimed injury is:
The tone of Plaintiff's letters, memorandums, facsimile transmissions, electronic mails, etc., are harassing in nature and are designed to interfere with the legal processes to which Plaintiff has subjected himself through electing to utilize the jurisdiction of this Court.
Judge Graham was without subject matter jurisdiction to restrict, impede, obstruct, or administer the Florida Public Records Act. "Subject matter jurisdiction is the court's authority to decide the issue in controversy such as a contracts issue, or a civil rights issue. "Where there is clearly no jurisdiction over the subject matter, any authority exercised is a usurped authority, and, for the exercise of such authority when the want of jurisdiction is known to the judge, no excuse is permissible." Stump v. Sparkman, 435 U.S. 349, 356 n.6 (1978). State courts have general jurisdiction, meaning that they can hear any controversy except those prohibited by state law.." URL: http://topics.law.cornell.edu/wex/Jurisdiction
Along this same line, the Supreme Court in Stump at 435 U. S. 358 looked to the statutes and case law to see if the act in question (sterilization) been expressly prohibited. This is a common sense that a judge should not ble to claim immunity for act that is expressly prohibited by law. Neither, the constitution nor any statute gives a federal court jurisdiction with respect to Florida Public Records. "Courts created by statute only have such jurisdiction as the statute confers." Christianson v. Colt Industries Operating Corp.,486 U.S. 800, 820 (1988). "The Federal Rules of Civil Procedure do not create federal jurisdiction." In re Infant Formula Antitrust Litigation, MDL 878 v. Abbott Laboratories, 72 F. 3d 842, 843 (11th Cir. 1995)(citing Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365, 368-370 & n. 7, 98 S.Ct. 2396, 2400 &n. 7, 57 L.Ed.2d 274 (1978)). See also Smith v. GTE Corp., 236 F.3d 1292, 1299 (11th Cir. 2001) ("Lower federal courts can exercise this power only over cases for which there has been a congressional grant of jurisdiction"). In fact the constitution expressly forbids any such notion. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people." Tenth Amendment, U.S. Constitution. Apparently, realizing that there is a jurisdictional problem, along with a violation 28 U.S. § 636(b)(1)(a), the Magistrate attempts to invoke jurisdiction by asserting: "and noting that this Court is considering this issue as a pretrial discovery issue and not an injunction issue per se…" Assuming without arguing that may issue an injunction, a district court can not invoke jurisdiction by asserting the Federal Rules Civil Procedure.
Judge Graham's order necessarily suggests that because Mason filed an employment discrimination lawsuit in federal court, Judge Graham now has the authority to place restrictions how Mason access Florida Public Records. The Florida Supreme Court has heard this argument and rejected it out of hand.
We find no authority to support the argument that Florida Power & Light, by engaging in litigation before a federal forum, has somehow given up its independent statutory rights to review public records under chapter 119. The fact that Florida Power & Light simultaneously engaged in litigation before a federal agency does not in any way prevent its use of chapter 119 to gain access to public documents.
Wait v. Florida Power & Light Co., 372 So.2d 420, 424 (Fla. 1979).
"[W]e do not equate the acquisition of public documents under chapter 119 with the rights of discovery afforded a litigant by judicially-created rules of procedure…" Wait v. Florida Power & Light Co., 372 So.2d 420 (Fla. 1979).
Implicit And Explicit Conclusions of Law
In order for Judge Graham and his Magistrate to have absolute immunity or judicial immunity, each of the following conclusions must necessarily be true.
The fling of lawsuit in federal court creates a right for the Highlands County Government not to be communicated with directly by a pro se litigant opposing party. Stately, alternatively, a plaintiff loses his right to communicate directly with the government when he or she sues the government.
Federal Judges, applying some unknown Federal Rules of Civil Procedure, can obliterate substantive rights guaranteed by a state and the Constitution of the United States.
Federal Judges may make mere conclusory statements.
Federal Courts need not say what the Judge is being given immunity for.
The filing of lawsuit gives a federal judge the right to obstruct the right to petition the government.
The filing of a lawsuit in federal court is grant of jurisdiction with respect to the Florida Public Records Act, Fla.Stat.,§ 119.01.
A federal judge may receive absolute immunity for what the State of Florida considers a legislative act.
Federal Courts are not required to discuss why injunctive and declaratory relief are not warranted even though the remedy is expressly asserted in a complaint.
Chief Judge J. L. Edmondson has expressly denied that the act of usurping authority in violation of clearly established law is not judicial misconduct pursuant to the Judicial Conduct and Disability Act 28 U.S.C. §351, et.al. See Complaint of Judicial Misconduct Case No. 05-0008.
Tags:"ABA", "R&R", (1980), 1055 (Fla. App. Dist. 3 1982), 1299 (11th Cir. 2001), 130 F.3d 246 (6th Cir. 1997), 236 F.3d 1292, 2400 &n. 7, 28 U.S. § 636(b)(1)(a), 356 n.6 (1978), 368-370 & n. 7, 372 So.2d 420, 417 So.2d 1053, 424 (Fla. 1979), 435 U.S. 349, 437 U.S. 365, 446 U.S. 719, 486 U.S. 800, 528 U.S. 167 (2000), 57 L.Ed.2d 274 (1978), 72 F. 3d 842, 745 So.2d 319 (Fla. 1999), 820 (1988), 843 (11th Cir. 1995)(citing Owen Equipment & Erecti, 98 S.Ct. 2396, 99-14027, absolute immunity, absolute judicial immunity, Article III, § 119.01, § 1983, § 1985, § 1986, Barrett v. Harrington, Case No., chapter 119, Christianson v. Colt Industries Operating Corp., clear absence of all jurisdiction, conclusory statements, conjectural, constitution, construction, declaratory relief, Erie Railroad Co. v. Tompkins 304 U.S. 64 (1938), favorable decision, Fed.R.Civ.P. 41(b), Federal Rules of Civil Procedure, federal tribunal, first amendment, Fla.Stat., Florida Public Records Act, Florida Supreme Court, Frank Lynch, Friends of the Earth, Henderson v. State, Henderson v. State 745 So.2d 319 (Fla. 1999), Highlands County Board of County Commissioners, hypothetical, In re Infant Formula Antitrust Litigation, INC., Inc. v. Laidlaw Environmental Services (TOC), injunctive relief, injury, injury in fact, invoke jurisdiction, Jim Jones koolaid, Jr., Judge Charles R. Wilson, Judge Ed Carnes, Judge Phyllis A. Kravitch, judicial act, judicial immunity, judicial in nature, Lack of Jurisdiction, legislative act, light most favorable, Mason v. Heartland Library Cooperative, MDL 878 v. Abbott Laboratories, merely speculative, official capacity, redressed, Report and Recommendation, right to petition the government, Smith v. GTE Corp., sterilization, Stump v. Sparkman, substantive right, summary judgment, Supreme Court of Virginia v. Consumers Union of United, tenth amendment, testicular fortitude, The American Bar Association, Tober v. Sanchez, unpublished opinion, void ab initio, Wait v. Florida Power & Light Co., well established law


"A Little Bit of Music" was the theme for the K-4 end-of-year vocal concert Monday night.
Students came dressed-to-a-T to perform a variety of songs and dances. To add to the melodic array, different age groups demonstrated their expertise playing recorders, kazoos and boomwhackers.
The evening's musical selections included folk songs and patriotic music.
The concert began with the Star Spangled Banner, performed by the entire K-4 student body while positioned all over the gym.
The first group to present their songs were the fourth grade students.
They played eight short selections on recorders and finished by singing two energetic songs.
Next up was the kindergarten students who sang three songs, one of which they enthusiastically waved American flags. They finished by dancing to a folk song.
The first grade classes also began their performance with a dance and sang two selections. The students enjoyed playing drum-like percussion instruments to one of their songs.
Boomwhackers are lightweight, hollow, color-coded, plastic percussion tubes, tuned to musical pitches by length. They are "whacked" against the hand to produce different pitches.
The third grade classes performed three selections with one song played on kazoos.
Their final song was called "American Tears" where the group sang this patriotic selection against a large-screen backdrop showing a multitude of photos in America from pioneer days to various scenes of military and historical moments in our country.
The photos accentuated the words of the song in perfect musical and visual harmony.
The final number of the evening, once again, involved the entire K-4 student body performing a song called "An Old Irish Blessing" while scattered all across the gym.
Jodie Liess, CCS elementary vocal teacher, directed the large group standing on a chair positioned in the center of the gym.


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Q: How to specify the headings for the fields which is specified in the awk statement? Below code is my awk statement...I need to specify the headings for the each fields like name,age and phone_number in my output...How to give headings in the awk statement...How can i do that..
awk -v OFS='\t' '{ print $1, $2, $9 }' > "abc.txt"

Desired output:
 name              age          phone_number
  rat               26             5662200
  cat               25             562212

A: In your inital question you asked about how you can add column headers. The answer to this is using the BEGIN condition:
awk -v OFS='\t' 'BEGIN { print "name", "age", "phone_number"} { print $1, $2, $9 }' > "abc.txt"

In your edit you asked about how you can visually align your columns. This possible by using column -t:
$ awk -v OFS='\t' 'BEGIN { print "name", "age", "phone_number"} { print $1, $2, $9 }'|column -t > "abc.txt"

A: I have done this by below awk and sed command

awk 'OFS="\t"{print $1,$2,$9}' filename | sed '1i name\t age\t phonenumber\t'

redpajama_set_name: RedPajamaStackExchange


text:
This Billion-Dollar Startup Wants to Bring Back the Dodo
Kenya Expects $700 Million in World Bank, IMF Funding in Months
Aimia to buy rope and net maker Tufropes for $249.6M
Biden to Tout Funds for Rail Tunnel Long Sought by NYC Commuters
Argentina Is Pressing US for Exception to Tap EV Tax Bonanza
James Fernyhough, Yvonne Yue Li, Patrick Gillespie and Joe Deaux, Bloomberg News
Brine evaporation pools at Liex's 3Q lithium mine project near Fiambala, Catamarca province, Argentina, on Sunday, Dec. 5, 2021. , Source: Bloomberg
(Bloomberg) -- The world's fastest-growing lithium producer is lobbying hard to gain access to President Joe Biden's new electric vehicle tax credits, despite Argentina not meeting the requirement of being a US free-trade partner. So far, it's being rebuffed.
Designed to end China's overwhelming dominance of the critical metals sector and passed in August, Biden's signature Inflation Reduction Act has been welcomed as a landmark climate law that will boost EV manufacture and uptake in the US. But to qualify for the credits, it requires 80% of the battery metals in each vehicle to be "extracted or processed" in the US or a country with US free-trade agreement by 2027.
That rules out Argentina, which on paper looks a logical partner in Biden's push and could help alleviate supply constraints for carmakers including Ford Motor Co. and General Motors Co. The South American nation has one of the largest known reserves of lithium, the biggest pipeline of new projects, and its relations with the US have improved since Biden took office.
The IRA has created a concern among Argentine officials that they've discussed at several levels with US counterparts, according to an Argentine official familiar with the mining secretary's thinking. Since the law has not yet been implemented, both countries' embassies and the Argentine foreign ministry are spearheading talks to receive an exception, the official added.
A spokeswoman from the US Commerce Secretary did not immediately reply to an emailed request for comment.
After meeting with US Commerce Secretary Gina Raimondo last month, Argentina's Production Secretary Jose de Mendiguren said of the US: "We want them to incorporate us into the new law on inflation, so that we're in the chain of suppliers of lithium products because up until now we're not there."
"If we can reach this agreement, we'll be able to integrate our production with the US' strategic production," he added.
US Treasury has said it will provide more clarity around the end of the year. But as it stands the wording of the IRA clearly rules out non-FTA countries from refining the metals to a battery grade level onshore, UBS battery-markets analyst Tim Bush said.
It could also affect Indonesia, as its plan to process the majority of its nickel -- another key EV ingredient -- onshore and also lacks a free-trade agreement with the US.
"It's possible they'd say you can extract it in Argentina or Indonesia as long as it's processed in an FTA country," Bush said. "But if it's extracted and processed in Indonesia, I can't see how they can possibly say that that's okay."
Australian-listed producer Allkem Ltd., which has a number of lithium projects in Argentina, is hopeful the company's output will comply with the IRA as long as it is processed in the US or an FTA country. But the language of the law is unclear, Martin Perez de Solay, the company's Argentine chief executive officer, said last month.
"Ambiguous" Wording
The key to whether producers in Argentina and some other nations will be eligible for the tax credits is in the interpretation of "extracted or processed," according to Conrad Mulherin, director of energy transition at PwC Australia. The "ambiguous" wording in the law could see countries like Argentina and Indonesia excluded from the tax credits, making achieving Biden's climate targets "very difficult," he said.
Still, he said the market outside the US was large -- particularly in China -- and there would also still be a market for non-IRA compliant battery metals in more expensive US vehicles that are not eligible for tax credits.
But as it stands, the law raises questions over supply deals between US carmakers and Argentine producers. Shortly before the IRA was announced, Rio Tinto Group, the world's second-biggest miner, signed a non-binding agreement with Ford to sell it lithium from its Rincon lithium project in Argentina. Rio Tinto declined to comment on the future of this deal.
South Korean steel giant Posco Holdings Inc. is also building a lithium hydroxide refinery in Argentina.
--With assistance from Jonathan Gilbert, Eric Martin and Ana Monteiro.
Canada's economy geared down at the end of 2022, growing at about half the pace of the third quarter and setting the stage for a period of little to no growth.
Ritchie's US$6B IAA deal gets support from major shareholder
A large investor in Ritchie Bros. is backing the Canadian auction company's proposed takeover of IAA, giving a boost to a deal that's been opposed by other shareholders.
Stocks, U.S. futures dip ahead of rate decisions
Stocks in Europe slipped along with U.S. equity futures as investors digested a flurry of mixed corporate earnings and economic data while positioning for rate increases from the Federal Reserve and European Central Bank later this week.
The International Monetary Fund sees a "turning point" for the global economy as it raised its growth outlook for the first time in a year, with resilient U.S. spending and China's reopening buttressing demand against a litany of risks.


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Q: Bouncycastle - Native RSA vs. RSA There are two different ciphers in the Bouncy Castle crypto library that you can pass to PKCS1Encoding: NativeRSAEngine and RSAEngine. Is there a difference between these two variants?
Edit:
As Maarten pointed out in his comment, NativeRSAEngine is not part of the Bouncy Castle library itself; it is an addition to the Bouncy Castle lightweight API.

A: Yes. NativeRSAEngine is implemented with a native library, while RSAEngine is written entirely in Java. As for which is faster, there is a comment on that NativeRSAEngine Javadoc that says this is much faster using jna-gmp.


Kaposia Days is proudly sponsored by our local businesses and community members. Without these generous sponsorships we would be unable to bring our festival to the community of South St. Paul each year. If you are interested in being a Kaposia Days sponsor, please see our information below and contact us with any questions. We thank each and every one of our sponsors for their support!


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Home News IndusInd Bank to Raise Climate Financing to 3.5 % in 2 Years
IndusInd Bank to Raise Climate Financing to 3.5 % in 2 Years
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IndusInd Bank said it will reduce carbon emissions to 50 per cent in next four years and raise climate financing to 3.5 per cent in two years.
The bank will be increasing the allocation of capital towards climate finance to 3.5 per cent of its loan book over the next two years, which is currently at 2.7 per cent, IndusInd Bank said on the occasion of the World Environment Day.
The bank has also committed to reducing its specific carbon emission by 50 per cent over the next four years, it said in a release.
The bank promoted by the Hinduja group also said it has made it to the Carbon Disclosure Project (CDP) list for the sixth consecutive time, making it the only Indian bank to get featured in this prestigious list.
Among others, IndusInd Bank Managing Director and CEO Sumant Kathpalia said the bank is transforming all its pioneer branches /lobbies into green and plastic free zones and getting them LEED certified.
The bank is also supporting tree plantation drive under which 50,000 trees will be planted in cities with high pollution index.
It has also launched an employee awareness drive, helped install solar solutions of 675 KW capacity which has reduced carbon emission worth 8,278 tonnes and created water harvesting capacity of about 70 million cubic meters and also restored 15 lakes and two drainage systems.
Roopa Satish, Head – Corporate & Investment Banking, CSR & Sustainable Banking, IndusInd Bank said, "The Bank is determined to take a leadership position in mitigating the impact of climate change through committing long term targets and deploying a strategy to invest in clean energy and energy efficient projects."
She said IndusInd Bank is also one among 21 Indian companies and the only Indian bank to be featured in the Dow Jones Sustainability Index Yearbook 2021.
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Anne Marsden Thomas is an organist, organ teacher and author of 20 books.
She founded St. Giles International Organ School in 1992 and directed it until the Royal College of Organists (RCO) adopted it in 2012. The RCO employed her as Head and Senior Teacher of the organ school until 2016; during this time she increased the number of RCO accredited teachers from nine to twenty-three, and, when she left, some 250 students were taking individual tuition with RCO accredited teachers. From 1996 to 2016 she directed an annual residential summer course, first for the Royal School of Church Music and from 2008 for the Royal College of Organists. This summer course regularly attracted 75-80 students from all over the world.
Anne teaches organ at The Royal Academy of Music, both in the Junior and Senior departments. Since 2006 she has taught the LRAM course, which trains those wishing to qualify as organ teachers.
She has been Director of Music at St. Giles Cripplegate Church, City of London, since 1982. The church has three mechanical action pipe organs.
Anne gives private organ lessons at St. Giles Cripplegate Church. She has taught hundreds of students over the last 40 years, with many of these students continuing into the music profession. She has wide experience of examining grade examinations and diplomas.
In addition to her 20 books, she has published many articles for organists and their teachers, including a long-running series 'Anne Marsden Thomas's Organ Lessons' published in both Church Music Quarterly and The American Organist. Oxford University Press will publish her new 2-volume keyboard skills tutor, 'Graded Keyboard Musicianship', written jointly with Dr. Frederick Stocken, in Spring 2017.
Anne was awarded the MBE in the Queen's New Year Honours 2015 for 'services to organ music'.


Hélène Darroze's name in the restaurant world is well-known, and 2 Michelin stars are generally recognized as criteria of excellence, but what is this London hotel in the Mayfair district, and what makes it a world class paradise?
The hotel first opened its doors in 1815 under the name of The Coburg, but in 1917 it was decided that the name sounds too Germanic, and it was renamed after Queen Victoria's seventh son's title – Duke of Connaught. The building has acquired its current look after two major renovations – in 1897 and, more than one hundred years later, in 2007. The 70-million-renovation included a Japanese garden, SPA and the newest banquet hall in the centre of London, which was built in a pure 1930s Art Deco style.
A water sculpture titled "Silence", created by a Japanese artist Tadao Ando, now compliments the front of the hotel. The hotel services have been favoured by many members of high society, including the French president Charles de Gaulle in 1940, when he chose the hotel as his residency. Already since 1965 The Connaught has been known as one of the best gourmet hotels in the world; in 1992 Queen Elizabeth ll and Charles, Prince of Wales took part in opening ceremony of the renovated kitchen; in 2002 the hotel received its first Michelin star, when Angela Harnett, a world class gourmet star of the time, opened her restaurant on the premises.
The hotel excels with more than just its restaurant – Ralph Lauren was inspired by the design of the main staircase of the hotel and had a replica made in his Madison Avenue salon in New York City; in 2008 the Time Out magazine of London awarded the main hotel bar as the best bar in London, but in 2012 the Academy of world bars awarded it as the World's Best Hotel Bar. Since 2008 the hotel's restaurant is ran by Hélène Darroze, the queen of the 21st century gourmet world.


Here at Peerless-AV we are always striving to deliver innovative products to provide our customers with the most advanced mounting and AV solutions and accessories, which is why we are thrilled to introduce the industry's first Universal Modular LED Wall Mounting system!
When we develop our solutions we always take time to listen and learn from our customers, and for the LED Wall Mounting system we had a few main deliverables in mind – universal adaptation, ease of maintenance, and of course, quality of design.
All brands and displays are different, so shouldn't your mounting system support those needs? Our thoughts exactly! Using the Universal LED Wall Mounting System, installers have infinite choices when selecting LED displays due to the versatile design of the mount – all that's required is simply changing out display-specific adapter plates.
As LED is becoming an industry standard, it's important for mounts to accommodate the space-saving nature of these flat panel displays. The Universal LED Wall Mounting System has a slim and compact build, and enables a clean and aesthetically pleasing installation. One of the most prominent features is the mount's easy pop-out mechanism. This mechanism can extend the mount 30 inches from the wall, providing ample space for a technician to service and maintain the LED displays.
Adjusting the mount is also simple and installer-friendly. A jacking screw feature allows the entire video wall to be plumb adjusted once all the LED displays are installed. Each mount has four-corner depth adjustment and a first row leveling function assures all the LED displays align for a seamless appearance.
The mount has recently been showcased at Integrated Systems Europe (ISE) 2016 and Digital Signage Expo (DSE) 2016. LG Electronics also installed the universal mount to hold a LG LED Display in a 4 X 4 configuration in its office.
The Universal Modular LED Wall Mounting System combines the ease of maintenance with its pop-out functionality, and the universal ability to support various displays and brands, to truly be the first of its kind on the market.
Learn more about our latest innovation here.


The highest high quality line of straw hats cash can purchase comes from an organization known as Shady Brady Hat Company. These great hats are very fashionable and practical for every day use, especially in colder climates. I had tons of baseball hats, a couple of bowler hats, a cowboy hat and a few random funky hats that had been just enjoyable to take a look at. I had all these hats and a small room. During this time each men and women wore hats regardless of the event or activity. There are an rising number of new hat and cap designs utilizing wire, wool felt and classic leather, which give the latest peaked caps and hats a somewhat rustic look.
Cowboy hats are an exception to the rule, being particularly supposed for summer season use. The panama type cowboy hat choice is superior to anyplace else I have seen on the town. We've a picture-perfect hat for any possible occasion, outing or occasion that may have you turning heads in every single place you go. To browse our choice and get descriptions of the hats and accessories that we feature, please check with the Males's Hats and Ladies's Hats pages of our website.
At Laird, we hand make hats and caps of distinction for each men and women, and are captivated with sourcing one of the best British cloths, and supporting British textile manufacturing. And, always remember, that headdresses had been worn over hair that had most frequently already been performed up in some type, most likely an elaborate one, notably for full-gown occasions.
Although felt and straw cowboy hats are widespread, leather ones are the best looking by far. Some may have sporting a hat as a contributing factor, whereas others don't. Go to About Heritage Hats to read about the history of our business, together with our cleansing and blocking providers You will also find an assortment of movies on the positioning the place Heritage Hats has been featured on native television stations.
One of the more common sorts of ladies Kentucky derby hats is the previous style with the poofy dress. Mens hats are a passion at Village Hat Shop. There is a page devoted to each model of hat we carry and details about the hat's historical past, style and performance. Females usually put on baseball caps as one of the identifications that they are tomboys. Fortunately, there are some options to beat these online purchasing drawbacks and ensure that once you surf and store, you get your each cent's worth.


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package com.cloudata.files.locks;

import java.util.List;
import java.util.Map;
import java.util.UUID;

import javax.inject.Singleton;

import com.google.common.collect.Lists;
import com.google.common.collect.Maps;

@Singleton
public class InMemoryLockService implements LockService {

    static class Lockable {
        final String key;
        final List<InMemoryLockToken> locks = Lists.newArrayList();

        public Lockable(String key) {
            this.key = key;
        }

        synchronized InMemoryLockToken tryLock() {
            if (!locks.isEmpty()) {
                return null;
            }

            String token = UUID.randomUUID().toString();
            InMemoryLockToken lock = new InMemoryLockToken(this, token);
            locks.add(lock);
            return lock;
        }

        synchronized boolean unlock(String lockToken) {
            for (int i = 0; i < locks.size(); i++) {
                InMemoryLockToken lock = locks.get(i);
                if (lockToken.equals(lock.getTokenId())) {
                    locks.remove(i);
                    return true;
                }
            }
            return false;
        }

        synchronized InMemoryLockToken findLock(String lockToken) {
            for (int i = 0; i < locks.size(); i++) {
                InMemoryLockToken lock = locks.get(i);
                if (lockToken.equals(lock.getTokenId())) {
                    return lock;
                }
            }
            return null;
        }

    }

    // /**
    // * The lock implements the Java Lock. It is a lockable, not a held lock!
    // *
    // */
    // static class InMemoryLock implements CloudLock {
    // final Lockable lockable;
    //
    // public InMemoryLock(Lockable lockable) {
    // this.lockable = lockable;
    // }
    //
    // @Override
    // public void lock() {
    // throw new UnsupportedOperationException();
    // }
    //
    // @Override
    // public void lockInterruptibly() throws InterruptedException {
    // throw new UnsupportedOperationException();
    // }
    //
    // @Override
    // public boolean tryLock() {
    // throw new UnsupportedOperationException();
    // }
    //
    // @Override
    // public boolean tryLock(long time, TimeUnit unit) throws InterruptedException {
    // throw new UnsupportedOperationException();
    // }
    //
    // @Override
    // public void unlock() {
    // throw new UnsupportedOperationException();
    // }
    //
    // @Override
    // public Condition newCondition() {
    // throw new UnsupportedOperationException();
    // }
    //
    // @Override
    // public CloudLockToken getLockToken() {
    // throw new UnsupportedOperationException();
    // }
    //
    // }

    /**
     * A LockToken represents a hold on a lock.
     *
     */
    static class InMemoryLockToken implements CloudLockToken {
        final Lockable lock;
        final String tokenId;

        public InMemoryLockToken(Lockable lock, String tokenId) {
            this.lock = lock;
            this.tokenId = tokenId;
        }

        @Override
        public String getTokenId() {
            return tokenId;
        }
    }

    final Map<String, Lockable> locks = Maps.newHashMap();

    private Lockable getLockable(String key) {
        Lockable lockset;
        synchronized (locks) {
            lockset = locks.get(key);

            if (lockset == null) {
                lockset = new Lockable(key);
                locks.put(key, lockset);
            }
        }

        return lockset;
    }

    @Override
    public CloudLockToken tryLock(String key) {
        return getLockable(key).tryLock();
    }

    @Override
    public boolean unlock(String key, String lockToken) {
        return getLockable(key).unlock(lockToken);
    }

    @Override
    public CloudLockToken findLock(String key, String lockToken) {
        return getLockable(key).findLock(lockToken);
    }
}

redpajama_set_name: RedPajamaGithub


text:
TELIN Insights - December 2020 3rd
CC is organising its next digital branded CC-Webinar.Live Panel Discussion and Knowledge Sharing Session sponsored and hosted by TELIN, taking place on 3rd December 2020. During this session Telin will give a 15 minutes keynote presentation and join the panel discussion session addressing industry topic: Wholesale Industry in the Digital Age – wholesale traffic marketplace trends as part of business innovation legacy
Should you require further details, please feel free to contact our team at: [email protected]. To register please visit the agenda section to click on the link as soon as it is published and fill in the form. Should you want to obtain an official accreditation certificate please contact our team at [email protected] for further details.
REASONS TO ATTEND TELIN Insights - December 2020
Present and discuss latest industry trends with peers during the discussion sessions moderated by CC
Panel Discussions & Knowledge Session - CLICK HERE TO JOIN VIA CC-WEBINAR.LIVE - sponsored by TELIN
Topic: Wholesale Industry in the Digital Age. Innovating legacy business with connectivity marketplace
Transparency between wholesale players (sellers/buyers)
The evolution of B2B communication
How do wholesalers overcome challenges of finding the right partners to expand their services coverage and footprint
How Digital Transformation contributes to innovation in carrier business models
How new technologies reshape the wholesale business
09:30 – 09:45 Keynote Presentation by Nicholas Soo, EVP Global Sales, Voice and Mobility at Telin
09:45 – 10:30 Panel Discussions & Knowledge Session
Panellist: Nicholas Soo, EVP Global Sales, Voice and Mobility at Telin
Panellist: Csaba Füzesi, Head of Product Management Voice & Mobile at Deutsche Telekom Global Carrier
Panellist: Edwin A.D. Van Ierland, Chief Commercial Officer at iBasis
Panellist: Jamie Mills, VP- Global Carrier Relations at Twilio
Keynote Speaker, Panellist
Nicholas Soo
EVP, Global Sales, Voice and Mobility at Telin
Nicholas Soo is a senior executive with over 20 years' experience in the Telecom industry. Driven by entrepreneurial spirit, a strong leader who is passionate about digitalization of processes and people development. Nicholas is currently the EVP, Global Sales responsible for Voice and Mobility portfolio at PT Telekomunikasi Indonesia International (TELIN). TELIN established in 2007, is a subsidiary of PT Telekomunikasi Indonesia (Telkom), Indonesia's largest state-owned telecommunication and network service provider. Prior to this, Nicholas holds various executive role in Business Development, Sales, Product management, Business Strategy for communication companies including CITIC Telecom, iBasis, Tata Communications and Orblynx.
Nicholas holds an MBA from University of Hull. A multilingual, he speaks English, Mandarin, Cantonese, Bahasa Indonesia/Malaysia.
Csaba Füzesi
Head of Product Management Voice & Mobile at Deutsche Telekom Global Carrier
Csaba Füzesi is Head of Product Management within Telekom Global Carrier responsible for the international Voice & Mobile product portfolio. Csaba has more than 20 years of industry experience in telecommunication and IT. He began his career at Telenor Hungary. Later assumed several technical, pre-sales and global product management positions at the national and international arms of Telia Company in Sweden and Hungary. Since 2015, Csaba is heading product management responsible for the overall PM and innovation activities at Netlock, one of the leading digital trust service providers within the European Union. Csaba has spent more than 10 years in strategic product management and has a unique combination of commercial and technical competence in multinational and cross-cultural environments.
Edwin A.D. Van Ierland
Chief Commercial Officer at iBasis
Edwin van Ierland leads the company's global sales organization and is responsible for developing and managing execution of the company's worldwide sales strategies. Edwin brings to iBasis more than 30 years of experience in telecommunications dating back to his years in the Royal Netherlands Air Force where he held various staff and operational management positions with responsibility for communications infrastructure, operations and policies.
Edwin was instrumental in the consolidation and integration of the worldwide sales organizations following the multiple acquisitions of Tofane Global - Altice International Carrier Services in France, Portugal and Dominican Republic in 2018, iBASIS in 2019 and NOS International Carrier Services in 2020.
Prior to joining iBasis in 2007 Edwin was managing director of KPN Global Carrier Services, the international voice business of Royal KPN N.V. Edwin was instrumental in the transaction between iBasis and Royal KPN N.V. that resulted in the merger of KPN Global Carrier Services into iBasis in October of 2007.
Prior to joining KPN, Edwin was on the management team of Schiphol Telematics, which provides voice and data services to all companies involved in aviation operations at Schiphol Airport in the Netherlands. He also spent eight years as an officer in communications and operational command and control functions within the Royal Netherlands Air Force. Edwin graduated as an Airforce officer from the Royal Military Academy (Electronics) and has completed advanced study programs in Management, Business, and Information Systems.
VP- Global Carrier Relations at Twilio
The past 20+ years of my career have been about all things mobile… specifically focused on leadership, team work, customers, results, messaging, global delivery and technology. I have worked for carriers, sold to carriers, led product teams, and I am very passionate about creating success from our organization. Outside of work, I love to enjoy my family (Mrs. Mills + 4 kids), golfing, fishing, eating Mexican food, coaching baseball and enjoying the outdoors.
HOST SPONSOR
https://carriercommunity.com/telin-insights-december-2020">


text:
Summer Edward | Official Author Website
author & children's advocate
Summer's Old Blog
Go to: Press Kit Download | Official Bio | Unofficial Bio | Awards/Honors
Click the icon below to download Summer's press kit.
Official Bio
Summer Edward is a Ginkgo Prize longlisted author who writes for children and adults. Her children's book debut, The Wonder of the World Leaf, was published by HarperCollins UK/Collins Big Cat on April 1, 2021. She has six more children's books forthcoming, to be published by Heinemann (USA) in summer 2021 and spring 2022. She has worked with HarperCollins, Candlewick Press, Heinemann USA, Peepal Tree Press, and University Press of Mississippi. She created Anansesem, an online magazine covering Caribbean literature for young readers, which was published for a decade. When she is not writing, she works as a children's fiction editor at Heinemann and reviews children's and young adult books by authors from the Caribbean and its diaspora for The Horn Book Magazine. She is a lifelong Roothbert Fellow, a member of the International Literacy Association's Children's Literature and Reading Special Interest Group, and has served on the juries of the Golden Baobab Prizes for African children's literature, OpenIDEO's Early Childhood Book Challenge, and the Scholastic Art & Writing Awards. Born in the Caribbean island of Trinidad, Summer grew up in Trinidad and Philadelphia, Pennsylvania and currently divides her time between Trinidad and the USA.
Unofficial Bio
Here are a few facts about me:
I was, am, and always will be a "late bloomer."
I love gardening and nature, and prefer the country to the city any day.
I wrote my first book at age eight and always knew that I would grow up to be writer.
Awards/Honors
Finalist for the Brett Elizabeth Jenkins Poetry Prize and the Majda Gama Editors' Prize
Kweli Sing the Truth! Mentorship Program for children's authors
Kweli Color of Children's Literature Scholarship
Longlisted for the international Ginkgo Prize for Ecopoetry
Shortlisted for a We Need Diverse Books Mentorship
Shortlisted for the Small Axe Literary Prize for poetry
Shortlisted for the Small Axe Literary Prize for fiction
Named an Emerging Caribbean Writer to Watch by Bocas Lit Fest
Highlights Foundation Children's Writers Residency
Literacy Educator Scholarship from the Highlights Foundation
in collaboration with the Eric Carle Museum of Picture Book Art
Cropper Foundation Writers Residency
Roothbert Fellow
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