You can find out more about joining in on Zoom by watching this short video. You can also download Zoom here.
Just to let you know we're online here: https://zoom.us/j/256989252 -hopefully you can join us.
Looks like the problem reoccured with zoom. When are you planning another series?
It's still on today - the clocks have changed in the US so it's actually an hour later for you - hope you can make it!


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text:
Paris, 5 February 2020
Remarks on the occasion of receiving the Grand Prix de l'Économie 2019 from Les Echos
Speech by Christine Lagarde, President of the ECB, at the "Grand Prix de l'Économie des Echos pour l'année 2019"
It's a great honour to be awarded this prize, and to receive it in the presence of so many leading figures from the French business community.
The environment facing European business today is characterised by both uncertainty in the short term and a changing landscape in the longer term.
The short-term uncertainties are mainly related to global risks – trade, geopolitical and now the outbreak of the coronavirus and its potential effect on global growth.
Over the last two years, the euro area economy has been quite resilient to global shocks, with our accommodative monetary policy supporting employment and consumption.
And, though GDP growth in the last quarter was weak, it was broadly in line with our expectations.
But while the threat of a trade war between the United States and China appears to have receded, the coronavirus adds a new layer of uncertainty. So we're continuing to monitor closely how these risks develop and how they feed into our central scenario for the economy.
In the face of these uncertainties, the ECB's forward guidance on interest rates and asset purchases acts as an effective automatic stabiliser.
The longer-term picture is different. Ambitious proposals are gathering momentum within Europe today and look set to profoundly reshape the environment for business.
In particular, two big ambitions are pervading many aspects of policymaking in ways that create change, but also opportunity:
the goal to build real "European autonomy";
and the aim to urgently fight the consequences of climate change.
I know that, as business leaders, you naturally seek the new opportunities that emerge for your companies in such times.
So I'd like today to talk about how I see these ambitions evolving, and where they intersect with the tasks and priorities of the ECB.
European autonomy
We all have a sense of the world around us moving more quickly. The post-war global order is fracturing, tensions between great powers are rising and technological change is transforming the way we produce, distribute and consume.
This environment clearly exposes Europe to new types of risk, as demonstrated today, for example, by the turn towards protectionist policies and the increasing use of sanctions.
So it's no surprise that the ambition of building "European autonomy" is gaining traction and has been gathering momentum in various policy areas.
Where this overlaps most with the ECB is the international role of the euro.
Issuing an international currency confers obligations, but it also creates opportunities.
It lowers external financing costs – the so-called "exorbitant privilege". It helps shield domestic prices against volatile exchange rates.
It strengthens monetary policy autonomy. And it can help reduce vulnerabilities, such as the potential to be denied access to the financial and payment systems of others.[1]
Of course, autonomy should be seen not as an alternative but as a robust complement to global cooperation, which is of utmost importance.
But in Europe's case, while the international use of the euro has stabilised in recent years, it still lags some way behind the dollar, even for European trade.
Around half of the euro area's international trade is invoiced in euro. Most of the oil we buy is denominated in foreign currency.
So, European policymakers are showing renewed interest in strengthening the euro's global role – and this coincides with the ECB's tasks.
We know from history that deep and liquid financial markets are one of the most important factors to enable a currency to attain international status.
In fact, research shows that capital market depth was by far the most important driver helping the US dollar to overtake the pound sterling in the interwar period.[2]
Capital markets in Europe, however, remain heavily segmented and financial integration has actually gone into reverse. Today it is only around half its pre-crisis peak.[3]
So, if we truly want to boost the euro's international role, it's essential that governments and regulators are committed to building a genuine capital markets union.
And here the ECB can contribute, in particular by providing safe and innovative market infrastructures under European jurisdiction, and by acting as an accelerator in payments solutions.
Already Europe has gone a long way in this direction. In 2018, for example, we launched TARGET Instant Payment Settlement (TIPS) – a Europe-wide instant payments service.
But these achievements are not sufficient for us to consider our payments landscape autonomous – especially in the retail space where payments are becoming more digital and non-European solutions dominate.
At the end of 2016, for example, more than two-thirds of credit card transactions in Europe were made using international cards.[4] This underlines the need to fully implement the recently re-launched pan-European retail payments strategy.
The challenge for us now, in other words, is to remain at the forefront of innovation, both to respond to changing consumer demand and to strengthen Europe's place in the world.
And this will include exploring, with other central banks, the risks and opportunities of issuing central bank digital currencies and the conceptual options available.
Another aspect that's crucial for the effectiveness of our market infrastructures is resilience against the new risks in today's world – namely cyber threats.
Industry estimates for 2018 already put the global cost of cyber attacks at between USD 45 billion and USD 654 billion.[5] And, as an operator of critical infrastructures, the ECB obviously takes such threats very seriously.
But cyber risk is becoming important for financial stability, too.
As forthcoming analysis from the European Systemic Risk Board shows, there are plausible channels through which a cyber attack could morph into a serious financial crisis.[6]
An operational outage that, say, destroys or encrypts the balance accounts of a major financial institution could trigger a liquidity crisis, and history shows that liquidity crises can quickly become systemic crises.
So the ECB is well aware that it has a duty to be prepared and to act pre-emptively.
For example, our banking supervision already requires all significant institutions to report cyber incidents immediately, so that we can react quickly in the event of a major incident.
This is an area, again, where we intend to stay at the forefront of developments – both to fulfil our own mandate and to discharge our wider responsibility to Europe.
The second big ambition reshaping the landscape for business is the mission to fight the consequences of climate change.
We are entering an era where climate risk will play a much more central role in public policies, be it via regulation, taxation or the focus of public spending.
We are already seeing this in the plans for a European Green Deal, and several national governments have recently adopted large green investment packages.
In keeping with this, climate change will be a key part of our ongoing strategy review. Though we're still in the early phases of this process, I see two broad areas where we can move forward.
The first is filling the knowledge gap.
We need to extend our knowledge about the macroeconomic effects of climate change, in particular in key areas like inflation, productivity and trade.
A recent study found that, out of approximately 77,000 articles published in top economics journals, less than 60 have been on climate change.[7]
So the ECB will also strive to deepen its analysis and its modelling in this field.
What we do know so far suggests that climate change will affect monetary policy.
For instance, research on natural disasters suggests that climatic events could make inflation more volatile, especially in the short run.[8] And over time, mitigation strategies such as carbon taxes could have significant and persistent effects on relative prices.
In other words, bringing climate change more fundamentally into our analysis and strategy is not "mission creep": climate change is also a price stability risk.
The second area where we can already make progress is on properly reflecting climate risks.
There's a growing awareness today that banks and financial institutions are exposed to material climate risks. These include physical risks from natural disasters and climate change, and they include risks from a disorderly climate transition.
These risks are not distinct, because rising physical risks make a disorderly transition more likely – a combination Mark Carney has termed "the tragedy of the horizon".[9]
So it's crucial that both the public and the private sector take these risks into account more systematically, for instance by setting higher standards for climate risk disclosure.
We're already seeing progress in the private sector, especially among large investors, and France is leading the way at the country level.[10] The Commission's Green Deal agenda sees European standards on disclosure being tabled in the course of 2020.
At the ECB, we will also do our part – and we are already starting to promote climate risk disclosure across our range of tasks.
For example, we're examining the disclosure standards we will need in order to incorporate climate issues into the risk assessment of our collateral framework.
ECB staff have also started working on a comprehensive climate risk stress-testing framework, which is due to be ready by the end of the year.
And our banking supervisors are assessing banks' climate risk disclosures and examining how those risks should be embedded in the supervisory process.
This is an area where Europe has an opportunity to lead the world, both as a global standard setter and as a centre of green finance.
And this could support other policy goals.
The EU is already the largest international market for green bonds: European entities account for around 50% of global issuance and around 44% of the global market is in euro.
As green finance grows, it could provide another avenue through which to bolster the capital markets union and cement the euro's international role.
Let me conclude.
The world is changing in ways that are challenging the certainties of the past. It's a shifting environment for business and for policy. But it's one that we can master.
The attitude we must strive for is one of cooperation without compromise – being open to the world, but assertive in defending our values and our interests.
That means forging ahead in fields that are vital to us, like environmental sustainability. It means taking steps to reduce our common vulnerabilities and increase our autonomy.
And it means working together – as policymakers, businesses and Europeans.
If we are to strengthen the global standing of our currency, we need our banks and our regulators to act in a European way. If we are to fight climate change, we need our large firms to be pioneers and leaders on disclosure and green investment.
This is an ambitious agenda – but it's also, in truth, a self-evident one. We are all stakeholders in the future of Europe, and in the future of our planet.
The task ahead of us is clear – and there's no time to lose.
[1]See Gräb, J. and Mehl, A. (2019), "The benefits and costs of the international role of the euro at 20", The international role of the euro, ECB, June 2019.
[2]Eichengreen, B., Mehl, A. and Chiţu, L. (2017), How Global Currencies Work: Past, Present and Future, Princeton University Press.
[3]On the basis of the ECB's quantity-based indicator of financial integration.
[4]ECB (2019), Card payments in Europe – current landscape and future prospects: a Eurosystem perspective, April.
[5]European Systemic Risk Board (2020), Systemic Cyber Risk, forthcoming.
[6]European Systemic Risk Board, op. cit.
[7]Oswald, A. and Stern, N. (2019), "Why are economists letting down the world on climate change?", VoxEu contribution, 17 September 2019.
[8]Parker, M. (2018), "The impact of disasters on inflation", Economics of Disasters and Climate Change, 2(1), pp. 21-48.
[9]See Carney, M. (2015), "Breaking the tragedy of the horizon – climate change and financial stability", speech given at Lloyd's of London, 29 September.
[10]Art. 173-VI of the Law on Energy Transition for Green Growth.
International role of the euro
Directorate General Communications
Reproduction is permitted provided that the source is acknowledged.

redpajama_set_name: RedPajamaCommonCrawl


Is there something you always wanted to do, but just haven't? Here's an inspiring, funny, persuasive and lighthearted Ted Talk by Matt Cutts who offers a neat way to think about setting and achieving goals. He describes the happiness and self-confidence that can come with trying something new — just for 30 days.


Left-wing advocacy group says David Friedman is a right-wing settlement booster, lacks credentials.
Friedman, who serves as president of the American Friends of Bet El Institutions, which supports settlements, told The Jerusalem Post in an interview this past summer that, in his view, annexation of the settlements would be a legitimate way for Israel to move forward.
He added that a one-state solution is also a viable option for ending the decades-old conflict between Israel and the Palestinians.
J Street said this "puts Friedman in conflict with the official position of not just the United States, but the Israeli and Palestinian governments as well.
"Friedman has consistently aligned himself with some of the most irresponsible charges and conspiracy theories of the far Right," J street said.
It referred to incidents such as when Friedman publicly declared that Hillary Clinton's top aide, Huma Abbedine, has close ties to the Muslim Brotherhood.
But as on many subjects relating to Donald Trump's new administration, Jewish organizations are divided on Friedman's appointment.
Zionist Organization of America president Mort Klein expressed his contentment with the appointment of Friedman, who he considers a friend, and said he "has the potential to be the greatest US ambassador to Israel ever. He thoroughly understands the detailed tragic reality of the Arab/ Islamic war against Israel. He has a powerful grasp of Israel's defense needs, the dangers they face, and the danger now of a Hamas/PA State.
The American Jewish Committee's CEO David Harris expressed a more neutral position as he congratulated the new ambassador on his appointment and said he is looking forward to "getting to know him." But he also noted that Friedman will ultimately "have to reflect the administration he serves.


Rumor: New 'Crackdown' game for Xbox One?
The Xbox One reveal wasn't too heavy on games but that's mostly because they're waiting for E3. But they might have hinted an upcoming exclusive while demoing the new user interface.
Look at the bottom left tile, it's an orb. Suspiciously looking like one you would collect from say, Crackdown? Does this mean a new title in the series is in the works?
But who'd be developing it? The original developer is long gone and maybe Ruffian Games is working on it but they haven't talked about anything regarding next-gen. So we're left to wonder.


There are total 11 job opportunities in Punjab Economic Research Institute till today 23 April 2019. Punjab Economic Research Institute few new vacancies are in city Lahore, Pakistan. You can view Punjab Economic Research Institute April 2019 all latest job opportunities online for Punjab, Sindh, KPK, Balochistan, AJK from all major cities including Lahore, Karachi, Islamabad, Rawalpindi, Faisalabad, Multan, Hyderabad, Quetta, Faisalabad, Gujranwala, Gujrat etc.


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For survival games, to win, you have only one task: Survive. The PC survival games always give players a new and...


We started high school last Wednesday in my school district. Students eagerly, if not with a little trepidation, entered their classrooms with high hopes and fresh expectations. That is – most students.
The week prior to school starting, Missouri state exam testing results were released. The results were depressing.
In our state of 554 school districts, 74% did not make AYP. In my school district, all but five schools are on some level of the MO School Improvement "watch list." My school is one of those schools.
As the gatekeeper of students entering my school, I feel a great obligation to protect the learning environment for the students who are by law assigned to our school. As a lifelong educator, I feel a great obligation to teaching students – all students. And it is here that East meets West. It is here where legal intentions are beginning to cause greater harm than good.
In order to attempt to make AYP for the next school year, my school must have around 60% of all testing students score advanced or proficient in Algebra 1 and English 2. If I can't create a situation where that occurs, Missouri's Department of Elementary and Secondary Education (MO DESE) offers specifically and mathematically determined thresholds to help us "make" our AYP Target – these thresholds are titled "confidence intervals (CI)," "safe harbor," and "growth." These thresholds are determined by student attendance (total population) and graduation rate. This is where we struggle on the journey – but it is trails West for us. We worked hard this year in both subjects, we knew we made significant progress with our students – and with the CI we survived in English. We were ambushed in Algebra.
Even if we change modes of travel, there will be no safe harbor for us.
And then, riding in from the East, are all the students who want to attend our great school. They are weary travelers with tales to match those of Canterbury – these student travelers are mad at their parents and have left home, they are pregnant and met Missouri "Romeos" on-line who offered them residence, they want to attend school with their summer friends so badly they offer addresses that don't exist in order to come to our school. Test scores don't worry them – they never have. Attendance doesn't worry them – they are willing souls in August and September. Graduation doesn't worry them – they hope they will, one way or another. And the tales grow.
If only No Child Left Behind gave credit for schools attempting to bring every child along on the journey of learning. Then every school in the nation would be clamoring for the ones left behind.


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text:
Gratitude is a powerful way to shape your culture, says Kerry Wekelo
Kerry Wekelo, COO of Actualize Consulting, believes expressing gratitude is a meaningful way to show people the impact they're having, and why their impact matters.
By Bev Attfield
Yesterday a co-worker sent me a note of thanks. It made me smile because he took the time to craft the note, emphasizing specifically how I had helped him. It was a simple, lovely gesture, and it made me feel good.
This is the kind of fuel that Kerry Wekelo believes is needed to build and boost workplace culture. She puts gratitude at the top of her list not only for those around her, but for herself too. She makes it a daily practice to observe actions and contributions, and extend gratitude whenever she can.
Gratitude is an easy way to show people the impact they're having, and why that impact is important to an organization. And let's face it, there isn't a simpler way to infuse your culture with goodwill, positivity, and humanity.
If you want to find out how to pull the power of thanks into your organization, listen to Kerry share motivation and examples of gratitude for self and others—and learn how far this has catapulted her and her organization towards a more purposeful and meaningful existence.
"Ask yourself, how can I incorporate gratitude in my daily work week and my life in general? So it's a habit versus something that you feel obligated to do."
Kerry Wekelo
COO, Actualize Consulting
Kerry is COO of Actualize Consulting, a financial services firm, and author of Culture Infusion, which lead Actualize to being named Top Company Culture by Entrepreneur Magazine and Top Work Place by The Washington Post. She enjoys a good birthday celebration.
LinkedIn | Twitter | Instagram | YouTube
Culture Infusion the book: https://www.actualizeconsulting.com/book.html
Culture Infusion Seminars: http://www.actualizeconsulting.com/seminars.html
Culture Infusion E-Courses: https://www.actualizeconsulting.com/culture-infusion-ecourses.html
To sign up for Kerry's weekly newsletter visit: http://bit.ly/ConstantContactKW
Bev Attfield
Diversity and inclusion is everyone's responsibility
6 examples of company values in action


A story I've been meaning to write about for several weeks now involves a family in South Carolina who moved into a newly purchased house.
[Image: A suburban house that is otherwise unconnected to this post].
Inside the room was a hand-written note.
It turns out, the note explained, that the house was infested with "the worst types of mold including Stachybotrys, the so-called Toxic Black Mold," which can cause "respiratory bleeding" in infants.
They've got to be able to sue the former owners, right?
We lived in an apartment in LA with horrible mold, and as renters, had absolutely no recourse except to move. We hoped that they would do some proper mold remediation after the ceiling caved in, but no such luck. The landlords sealed up the rotted ceiling and plastered over it like it wasn't even there. We couldn't keep bread on the counter. It would go moldy in a day. And we were always horrible sick.
I don't envy these folks.
Chuck P.'s "Diary" rears its head again on your blog.
sounds like a house someone would try to sell for 1.1 mil + in Florida during the bubble.
i cant imagine how the former owners could not be found in some way at fault. it is a law that if you think your house is haunted you must release this information to the buyer so how could something life threatening like this be overlooked?
I remember seeing this story in my newsfeed when it first broke, and thinking about the hidden rooms posts here at BB… It's the complete antithesis of building yourself an actual secret chamber.
Roman Polanski made a film about this in 1976: The Tenant / http://www.imdb.com/title/tt0074811/.
I hope the ending of this family's story will be different.
Source article has an update- their morgage company has agreed to give them back the money they bought it for, $75,000.
If that was the listing price, I'd have been a little suspicious in the first place. They signed a "buy as-is" form, so I think they're pretty lucky to get anything.
That's why you should always get a termite/mold inspection that would find these kinds of things. If it was bought AS-IS, that's another story. Luckily they got their money back. Could have turned out worse.
Jenna wrote: "Source article has an update- their morgage company has agreed to give them back the money they bought it for, $75,000." That's right, and the reason they're actually grateful to the previous owner (who left the note) and why that previous owner isn't on the hook for this is because those folks defaulted on the mortgage — it was the only way they could get out of the house quickly, which they needed to do since their daughter became critically ill, too. After they defaulted and lost everything, they essentially became exempt from any liability: responsibility as seller moved to the mortgage lender/Fanny Mae (and presumably the realtors). The previous owners then purposely left the note in a hidden-from-view area because they wanted the next owner to find out quickly. They (previous owners) hadn't been told about the problems, and figured the house would be sold on to another unsuspecting rube (which it was). That's what the note was intended for: to alert the new owners.
Sure, the new buyers should have had a mold inspection done, but I'm sure the real estate dame was sweet-talkin' them the whole time, they probably didn't even notice what was hitting them.
I was imagining some horrible, sociopathic former owners until I read your take on this story. Thanks!
Is that the same Stachybotrys responsible for one of the 10 plagues of Egypt?
This is a big deal? Looks like every rental house and apartment in Portland, OR.
A house for 75K? Man, I've been living in California for too long.
I'm guessing that $75K they got back was their downpayment, not the total purchase price. If they put 20% down, that makes it a $375K house, which makes more sense in South Carolina (still darn cheap for California, though).
Now, how do we (the government?) keep this hazard off the market unless/until it's been remediated?
In the UK the Realtor would be barred from practicing for a false or misleading statement about the state of the property under the Property Misdescriptions Act 1991 misleading in this case would include omission, and I assume they omitted to tell the new owners about this room. Even if they were unaware of the mould they could still get barred depending on what practices they had in place for checking on things like this.
Sorry, I'm supposed to be revising for an exam in real estate agency in London. Back to work!
$75,000 was the total selling price. Check out Google maps satellite view and comparable real estate listings in the neighborhood. Many houses in Greenville are selling for $40 – $60K.
Can anyone identify the huge complex a block north of this address? A slaughterhouse of maximum security prison perhaps?
Overwhelming amounts of mold as found in this house can cause respiratory problems, just as would overwhelming amounts of pollen or dust. But there's nothing magically toxic about stachybotrys.
It sounds like the previous owner was trying to help by leaving a note, but left the note hidden so that that realtor (or whatever other "interested party") couldn't hide it. But wouldn't a note out in the open, or better yet, a formal inspection and a documented letter to the bank explaining the reason for foreclosure have helped more? It would have either prevented the same thing from happening again are at least made the liability more clear afterwards.
Ugh! Bad image to see while drinking coffee.
if you bought a house in london and found an extra room you didn't know about you'd be pretty happy, could Add 75k to the value!
presumable the mould was caused by some sort of water ingress or leaky pipe, surey can't be all that hard to fix it and treat the mould? there does seem to be a slight american obsession with mould and illness.
Sometimes mold can be deadly before you realize you have a problem. I know a guy who's wife died mysteriously last summer. She had lost a bunch of weight and had some other weird symptoms and the doctors were having problems figuring out what it was. Then she died in her sleep.
A couple months later, the man started to come down with the same symptoms. It turned out there was some sort of very toxic mold (unfortunately I don't know the species) in the wall of their laundry room. His wife had done all the family's laundry (they have two school-age kids), but after she died, he started doing the laundry and started getting sick too.
I don't know about SC, but in Indiana, the fact that this house was a foreclosure would change the disclosure situation. Disclosures here can only be completed by a resident owner. A bank sale requires paperwork that clearly states that the property is being sold "as-is" (which the article indicates is how the buyers bought it.) While the buyer is welcome to perform any and all possible inspections, the seller is not obligated to correct any defects revealed by such inspections as a condition of the sale, once the contract has been signed. Generally speaking, inspections are conducted after the contract has been accepted.
It's probable no one from the bank that owned the property ever saw the house and it's doubtful they knew much about the mold issue, even if the prior owners did inform someone. Mortgage companies aren't in the business of mold remediation or indeed much else that actually has to do with housing and structures. They are financial institutions that loan money.
It will be interesting to see if it's proven that the agent knew anything about the mold. I'm speculating here, but since only one agent is being named, it seems likely that the buyers went directly to the listing agent and didn't use a buyer's agent to represent them. That's generally a bad idea, as you don't have anyone in your corner actively representing you.
If she did know something about the mold, then she's in huge trouble. Aside from the damages in the suit, she'll almost certainly lose her license, and the local, state, and national Realtors association will come down on her like a ton of bricks. If she knew, she deserves it.
On the other hand, my sympathy for the buyer is limited. These people didn't take the rudimentary precautions they should have. I'm always baffled that someone making an investment of this magnitude and importance won't do the due diligence necessary to protect themselves.
Seriously folks, do *all* the inspections, have a buyer's agent on your side, and use a reputable mortgage *bank* not a broker when buying a home. Trying to save money by skipping on this stuff so you can buy more home has the potential to be very, very costly in the long run.
That's a textile mill just north of the home's address. Opened and closed several times. Don't know the name now.
It's a new paradigm, and everybody who doesn't buy, now, will be priced out forever. Anybody who does buy will be rewarded with a lifetime of riches, as their property will continue its 30% yearly price increase.
This asset bubble is different than all of the others – it will never slow down, or pop. The gains are permanent.
There must be something pretty terrible about South Carolina? That looks like a $750,000 house, not a $75,000 one.
Read the caption people – the picture is not of the house in the story.
Anonymous from Indiana on 1/6 is right on. And yes, stachybotris is overhyped as a "killer mold".
The story is made interesting by the inclusion of the secret room, but is otherwise a rather mundane little tale.
The problem is that a mould infestation always indicates a dampness problem, and those can be exensive to fix if they indicate a substantial structural defect, or if the whole plumbing system is falling apart.
Most of the time though, even the most horrifying mould problems can be fixed up in a few hours by patching a leaking roof tile; clearing a blocked drain; or putting a cheap plastic ventilator register into that muggy, airless room. Followed up, of course, with a bit of sugar soap and elbow grease.
Those of you who dismiss mold are "Tools" using mold for financial gain.
My family is living the horror, 11 years now, health and financial, the new house was built by The Jones Company Homes, the case is so strong the courts/judges who are elected in our state will not permit a trail, judges are elected here, in our opinion, corporations can by the judge by simply donating to the judges election campaign fund. 10 years and continuing, just days away from every trial date a judge will manipulate the law to stop the trial: trial dates are pushed forward month after month, year after year, in to the future, this pattern has continued for 10 years, the mortgage is paid on time every month, we can not live in the house, lease the house, or sell the house!
You "Tools" out there … put your money where your lying, putrid mouths are and buy these houses, make them homes for your family … when I see that done I will revisit your statements that mold is harmless and easily cleaned … I want to see you greedy snake oil salesmen move your families in to one of these homes! DO IT!
Who is the Builder of this >insert descriptive noun here<. Folks need to know in order that their loved ones do not suffer, we must save each other, people are held accountable by disclosure laws, corporations, i.e. Builders, Banks, Insurers, et al are not … these entities "donate" (see pay-off) the officials: politicians, judges, codes officers, etc.
I am pleading with You to disclose the Builders Name!
The root cellar of the house I just moved into makes this look like nothing. There's a six foot patch of inch-thick, green, bubbly, coagulated slimy mold mixed in with standing rainwater and black mold all over the plywood walls.
The people that are saying that toxic mold is harmless have no idea of what they are talking about! My sister is sick because of it and she is living hell every day of her life.


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Justia › US Law › Case Law › Federal Courts › Courts of Appeals › Sixth Circuit › 2014 › Krause v. Jones
Krause v. Jones, No. 13-2498 (6th Cir. 2014)
Justia Opinion Summary
U.S. Marshals arrived at Krause's Redford home on December 12, 2008 with a warrant for Krause's arrest for felony possession of more than 50 grams of cocaine. When Krause saw the Marshals, he slammed the door shut and ran into a bedroom. The Marshals followed. One entered the bedroom but left when he found Krause standing in the corner pointing a handgun at him. As the others took up positions around the bedroom, they again announced themselves and explained they had a warrant for his arrest. Krause told them he had multiple guns and would kill anyone who tried to enter. A negotiator began talking to Krause from the hallway outside the open bedroom door. They talked for about eight hours. Sometimes Krause yelled and screamed; sometimes he "got very quiet." Officers brought in Krause's father and girlfriend to talk to Krause, without success. Eventually, the officers used a "flash bang" device in an effort to stun Krause. In the seconds that followed, Krause fired a shot at the officers; an officer fatally shot Krause in response. In a suit under 42 U.S.C. 1983, the district court granted qualified immunity to the officers. The Sixth Circuit affirmed. The decisions to use a flash bang and to shoot Krause were reasonable, not "reckless,"
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 14a0221p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ SANDRA KRAUSE, individually and as personal representative of the Estate of Matthew Thomas Krause, deceased, Plaintiff-Appellant, No. 13-2498 > v. BRIAN D. JONES; ERIC GILLMAN; DWAYNE GREGG; REDFORD POLICE DEPARTMENT; REDFORD TOWNSHIP, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 2:12-cv-10265 Bernard A. Friedman, District Judge. Argued: June 25, 2014 Decided and Filed: September 3, 2014 Before: SUTTON and COOK, Circuit Judges; MARBLEY, District Judge.* _________________ COUNSEL ARGUED: Timothy P. Flynn, KARLSTROM COONEY, LLP, Clarkston, Michigan, for Appellant. Karen M. Daley, CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for Appellees. ON BRIEF: Timothy P. Flynn, KARLSTROM COONEY, LLP, Clarkston, Michigan, for Appellant. Karen M. Daley, CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for Appellees. * The Honorable Algenon L. Marbley, United States District Judge for the Southern District of Ohio, sitting by designation. 1 No. 13-2498 Krause v. Jones et al. Page 2 SUTTON, J., delivered the opinion of the court, in which COOK, J., joined, and MARBLEY, D.J., joined in part and in the result. MARBLEY, D.J. (pp. 10 13), delivered a separate opinion concurring in part and in the judgment. _________________ OPINION _________________ SUTTON, Circuit Judge. When law enforcement officers tried to execute a warrant for his arrest, Matthew Krause fled into his home and holed up in a bedroom closet armed with a gun. After negotiating for hours, the officers decided to enter the bedroom, using something called a flash bang in the process. In the seconds that followed, Krause fired a shot at the officers, and one of the officers fatally shot Krause in response. At issue is whether the officers used excessive force when entering the bedroom and in shooting Krause. We affirm the district court s grant of qualified immunity to the officers. I. The United States Marshals arrived at Matthew Krause s home in Redford at nine in the morning on December 12, 2008. They had a warrant for Krause s arrest for felony possession of more than fifty grams of cocaine. When Matthew opened the door and saw the Marshals, he slammed it shut and ran into a bedroom. The Marshals followed. One of the Deputy Marshals entered the bedroom but left to take cover when he found Krause standing in the corner pointing a handgun at him. As the others took up positions around the bedroom, they again announced themselves and again explained they had a warrant for his arrest. Krause told them he had multiple guns in the bedroom and he would kill anyone who tried to come in. As they continued to encourage him to come out unarmed, he continued to threaten to kill them, saying at one point, [L]et s do this, I m ready to die[,] are you[?] R.14-3 at 2. The Marshals called the Redford Township Police Department. The Redford SWAT team took up positions in the house, and its negotiator Sergeant Duane Gregg began talking to Krause from the hallway outside the open bedroom door. They talked for the next eight or so hours. Sometimes Krause responded to Sergeant Gregg s questions; sometimes he stayed silent. Sometimes Krause yelled and screamed; sometimes he got very quiet. R.14-4 at 15 (Tr. at 51). No. 13-2498 Krause v. Jones et al. Page 3 Krause was very upset with the Livonia Police Department, the neighboring department that had issued the warrant for his arrest, and thought it was out to get him. Id. at 13, 14 (Tr. at 45, 46). Sergeant Gregg heard Krause threaten more than once . . . to come out shooting because he knew how that would end. Id. at 15 (Tr. at 53). At one point, Sergeant Gregg brought in Krause s father and girlfriend to talk to Krause, but those conversations went not too well. Id. at 16, 20 (Tr. at 56, 70 73). Around six thirty, a pole camera showed that Krause seemed to be sleeping in the closet, prompting the SWAT team to think about entering the bedroom. They briefly considered having one member of the team enter the room behind a shield, fall on Krause, and try to secure him. But they rejected that idea. More extravagantly, they considered using the SWAT team s tank to bring down the exterior wall of the bedroom and to seize Krause in that way. But they rejected that idea as well. They settled on using a flash bang, which emits a loud bang and a bright flash of light, United States v. Dawkins, 83 F. App x 48, 49 (6th Cir. 2003), designed to stun . . . Krause so he would not have an idea what was going on and who was in the room with him, R.14-6 at 16 (Tr. at 55). Before deploying the flash bang and entering the room, they set their weapons to fire automatically because Krause was armed and had an assault rifle in the room. Id. at 17 (Tr. at 59). Sergeant Nick Lentine rolled the flash bang into the bedroom. Officer Jones crossed into the room simultaneously with the flash bang. R.14-5 at 21 (Tr. at 75 76, 81). Officer Butler followed with Lieutenant Gillman behind him. Officer Jones remembers seeing the muzzle flash of a handgun after the flash bang, as Krause shot at him. Id. at 22 23 (Tr. at 81 82). Lieutenant Gillman heard shots before he entered the room one round, one shot, and then there was a short pause, and then there was some multiple rounds. R.14-6 at 18, 19 (Tr. at 62, 67). Once inside, Lieutenant Gillman saw Officer Jones sitting down checking himself to see if he had been shot. Id. at 18 (Tr. at 63). He also saw Krause seated in the closet with his hand on a gun. The entire exchange took seconds. Id. at 19 (Tr. at 67). Officer Butler removed the gun from Krause s hand. Krause was transported to the hospital, where he was pronounced dead. An investigation of the bedroom showed Krause had fired one round from a .38 revolver No. 13-2498 Krause v. Jones et al. Page 4 toward the doorway from the closet. R.14-3 at 3. A medical examination revealed that Krause had suffered twenty gunshot wounds. R.17-6 at 4 14. Matthew s mother sued Sergeant Gregg, Lieutenant Gillman, Officer Jones, the Redford Police Department and Redford Township. Her complaint claimed, as relevant here, that the officers violated Krause s Fourth (and Fourteenth) Amendment rights by using a flash bang and by shooting Krause, and that their actions independently amounted to gross negligence under state law. The district court granted the defendants motion for summary judgment on all claims on qualified-immunity grounds. II. Qualified immunity shields officers from section 1983 constitutional torts so long as the officers did not violate the clearly established constitutional rights of the claimant. See Pearson v. Callahan, 555 U.S. 223, 231 (2009). In assessing that immunity at the summary-judgment phase of the case, we give the plaintiff the benefit of all reasonable factual inferences from the record, asking only whether the officers are entitled to judgment as a matter of law. Fed. R. Civ. P. 56. Qualified immunity protects the officers in this instance. Use of the flash bang. There are several problems with Krause s claim that the officers violated her son s Fourth Amendment rights when they used a flash bang before entering the room. The complaint as an initial matter does not identify any way in which the device improperly seized or otherwise harmed him. And neither the appellate briefs nor oral argument fill this gap. Even if that were not the case, the officers use of a flash bang in this instance was reasonable. Faced with a troubled young man resisting arrest on drug charges, threatening to shoot them, expressing his willingness to die, and refusing all requests to surrender peacefully, the officers sought to minimize the risk of injury to themselves and others in entering the room. See Graham v. Connor, 490 U.S. 386, 396 (1989). Waiting until Krause appeared to be asleep was one part of the plan. Using a flash bang was the other. As the officers reasonably saw it, both features of the plan diminished the risk of injury to themselves and others. Yes, the light and noise would wake Krause. But the light and noise surely would stun and confuse Krause, No. 13-2498 Page 5 Krause v. Jones et al. giving the officers a chance to subdue Krause before he could act. And of course the flash bang dealt with the risk that Krause only appeared to be sleeping but was not. All of these increases in officer safety came with little downside, including the kinds of downsides that have led other courts to be skeptical of the use of a flash bang or to find it unreasonable. The suspect was isolated in one room, precluding the risk that the flash bang could harm others, including children, the elderly or others in the wrong place at the wrong time. See Boyd v. Benton Cnty., 374 F.3d 773, 779 (9th Cir. 2004); United States v. Myers, 106 F.3d 936, 940 (10th Cir. 1997). The officers had a clear view into the bedroom and closet, allowing them to ignite the flash bang away from the closet and not on Krause. See Estate of Escobedo v. Martin, 702 F.3d 388, 407 08 (7th Cir. 2012). Nothing indicated that Krause had other health problems that could be triggered by the device. See Estate of Smith v. Marasco, 430 F.3d 140, 151 (3d Cir. 2005). And nothing indicated that the condition of the room could create other problems if a flash bang were ignited. See Bing ex rel. Bing v. City of Whitehall, Ohio, 456 F.3d 555 (6th Cir. 2006). Bing illustrates the two sides of the line. The police responded to a report of an intoxicated man, Bing, who had shot at a group of children on his street. After unsuccessfully trying to persuade Bing to leave his house for two hours, the police threw pepper spray and a flash bang into a window. Bing then shot at the police, who threw another flash bang into the house. The house caught fire, and Bing died inside. Id. at 558 63. We held that the officers acted reasonably in using the first flash bang to try to force Bing out of his house. The officers needed to disarm Bing and place him under arrest to abate the threat that he posed to people in the area. Id. at 570. Yet the second flash bang crossed the reasonableness line because the officers had full knowledge that it [would] likely ignite accelerants and cause a fire and thus created a mortal, and unnecessary, threat to the suspect. Id. (internal quotation marks omitted). In this instance, no comparable safety concerns cloud the record. When put under the microscope of hindsight, it is true, the encounter did not end well. But it is difficult to say that the flash bang, even from the perspective of hindsight, had anything to do with it. At all events, we judge reasonableness from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. Graham, 490 U.S. at 396. No. 13-2498 Krause v. Jones et al. Page 6 From that vantage point, the officers acted reasonably. See also Graves v. Bowles, 419 F. App x 640, 643 44 (6th Cir. 2011) (finding the use of a flash bang outside of a suspect s car reasonable where officers had reason to believe that Graves might be dangerous when they tried to arrest him ); Dawkins, 83 F. App x at 51 ( [T]he officers use of the flash-bang diversionary device [was] objectively reasonable in executing a search warrant at the apartment of a man with a prior conviction for facilitating a murder and who likely possessed an assault rifle.). Because the officers complied with the Fourth Amendment in using the flash bang, it follows that they did not violate any clearly established law in doing so. Even Bing, which found a constitutional violation with the second use of the flash bang, determined that the officers did not violate clearly established law. Fatal shooting. The officers use of deadly force shooting Krause also did not violate his Fourth Amendment rights. Whether an officer reasonably uses deadly force turns on whether the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others. Tennessee v. Garner, 471 U.S. 1, 11 (1985). Officer Jones fired at Krause after he saw the flash of another gun. An officer in Officer Jones position one who saw the flash of a gun pointing at him, who knew that Krause was armed, and who had heard him threaten to shoot reasonably could think that Krause posed a serious threat to him and the two officers behind him. For that reason, Officer Jones acted reasonably in using deadly force. See, e.g., Simmonds v. Genesee Cnty., 682 F.3d 438, 445 (6th Cir. 2012) (holding that officer reasonably used deadly force when faced with a suspect who had been drinking, was possibly suicidal, fled into a heavily-wooded area, ignored repeated orders to show his hands, threatened the officers by yelling, I have a gun, and brandish[ed] a silver object . . . as if it were a weapon ); Livermore ex rel. Rohm v. Lubelan, 476 F.3d 397, 404 06 (6th Cir. 2007) (holding that a police officer reasonably decided to shoot a suspect to prevent [him] from firing at other officers in light of the suspect s proximity to the [other officers] while armed with a rifle, his prior violent behavior, and his continued refusal to surrender and face arrest ). The claimant offers several rejoinders to this conclusion. She suggests that Krause may have been asleep with his hand on the trigger of the gun and might have fired accidentally when the flash bang jolted him awake. Yet Krause s intent, or lack of intent, in firing the gun has no No. 13-2498 Page 7 Krause v. Jones et al. role to play. We judge Officer Jones reasonableness from the perspective of a reasonable officer on the scene, Plumhoff v. Rickard, 134 S. Ct. 2012, 2020 (2014) (internal quotations omitted), and a reasonable officer in his shoes would have no way of knowing whether Krause fired his gun intentionally or accidentally and would not be required to wait for a second shot to see. She adds that her expert questioned whether Krause fired his gun at all. But this argument lacks any support in the record. She never identified any such expert, and a search of the record does not turn up a report or deposition of any expert. At argument, she elaborated that a coroner from another county performed a second autopsy on Krause and did not find any gunpowder residue on his hands. But this autopsy was performed after Krause was embalmed, precluding any reasonable inference that Krause did not fire the first shot and explaining why the report itself nowhere concludes that Krause did not fire at Officer Jones. Even if Officer Jones had the right to use deadly force in self-defense, she questions the use of so much force twenty rounds in all. But, so far as the record shows, the number of rounds fired by the officer flows from the reasonable decision to engage the automatic-trigger function on his gun before entering the room. And no evidence shows that Officer Jones continued firing after he knew that he had already incapacitated Krause or that Krause had given up. [I]f police officers are justified in firing at a suspect in order to end a severe threat to public safety, the officers need not stop shooting until the threat has ended. Id. at 2022. Plaintiff asks, last of all, why the officers opted to enter the bedroom instead of waiting for Krause to exit on his own. But the officers did try waiting ten hours in all devoted to trying to coax Krause out of the bedroom. This was not an impulsive entry. At any rate, the police need not have taken that chance and hoped for the best. Scott v. Harris, 550 U.S. 372, 385 (2007). Keep in mind that Krause never backed off his suicidal threat during the stand-off to emerge with guns firing. The assumption that waiting carried no risks of its own is belied by the reality that, so far as they knew, Krause could have emerged at any point and acted on this threat to come out shooting or could have taken his own life during the delay. That is why continuing to wait was not, as the claimant suggests, a risk-free option. The officers reasonably waited until Krause fell asleep and opted to act then. No doubt, the plan did not end well, No. 13-2498 Krause v. Jones et al. Page 8 leaving us with the seen consequences of the officers actions (the regrettable death of a child and brother) and the unseen possibilities of what might have been (perhaps no death at all). Yet when the Supreme Court warns lower courts not to judge the reasonableness of an officer s action from the peace and safety of their chambers with the 20/20 vision of hindsight, Graham, 490 U.S. at 396, this is what they mean. The question for us is: Did the officers act reasonably based on what they knew at the time? The answer on this record is: Yes. The concurrence questions the officers decision to enter the bedroom with their weapons set to fire automatically. But it is not clear why. Krause had shown no concern for his own safety or that of others and had threatened many times to shoot the officers if they entered. Once Krause delivered on his threat and fired at Officer Jones, all agree that Officer Jones could reasonably fire back and could keep firing until the threat [was] over. Plumhoff, 134 S. Ct. at 2022. And all agree that nothing in the record suggests that Officer Jones kept firing even after he knew Krause no longer posed a threat. If it is true that officers may fire 15 shots in a 10second span when the suspect is not even shooting at the officers, as Plumhoff allowed, id., it must be true that officers may return fire with an automatic weapon when they are being fired upon. Indeed, Krause does not argue that, accepting that Krause shot at Office Jones, Officer Jones could not respond with shots from an automatic weapon. Not one of the cases cited by the concurrence contradicts this rule. The concurrence adds that There was no need for Matthew Krause to die. We agree and have considerable sympathy for his family. But as the record confirms, the reason Matthew Krause died was that he fired first. Officer Jones had every right in such a dangerous situation, proved dangerous the minute he entered the room, to engage the automatic-fire function on his gun before entering the room and to use it after entering the room and being fired upon. The plaintiffs offer no evidence, case law, custom or anything else that says otherwise. That leaves one loose end. The complaint raised a state law gross negligence claim. It did not explain the basis for that claim. The response to the defendants summary judgment motion did not either. See R.17 at 19 (mentioning the phrase gross negligence but referencing excessive force cases). Nor did the motion for reconsideration mention the claim. See R.21 at 4. The district court could have treated this undeveloped claim as a forfeited one. See Brown v. No. 13-2498 Krause v. Jones et al. Page 9 United States, 545 F. App x 435, 437 38 (6th Cir. 2013). It instead, generously we think, assumed the gross negligence claim was based on the same conduct the flash bang and shooting as the excessive force claim. R.19 at 8. For the reasons just given, the decisions to use a flash bang and to shoot Krause were reasonable, not reckless, Mich. Comp. Laws § 691.1407(8)(a), and so do not amount to gross negligence. For these reasons, we affirm the district court s judgment. No. 13-2498 Krause v. Jones et al. Page 10 ______________________________________________________ CONCURRING IN PART AND IN THE JUDGMENT ______________________________________________________ MARBLEY, District Judge, concurring in part and concurring in the judgment. I concur in the court s holding that the officer s use of deadly force in this case, where Krause fired first, did not violate Krause s Fourth Amendment rights. An officer in the position of Officer Jones, who had heard Krause s threats, knew that he was armed, and saw the muzzle flash of Krause s gun, reasonably could determine that Krause posed a serious threat to him and to other officers, and that the threat must be neutralized. I write separately, however, to express my disagreement with the court s conclusion that it was reasonable for Officer Jones to shoot Krause twenty times. See R. 17-6 at 4-14. The majority flatly announces that the number of rounds fired by Jones flow[ed] from the reasonable decision of the officer to engage the automatic-fire function of his weapon. Supra at 7; I find such a decision to be neither reasonable nor inevitable. The majority notes that, if an officer is justified in firing, he may continue to fire until the threat has ended. See Plumhoff v. Rickard, 134 S. Ct. 2012, 2022 (2014). But this analysis ignores any consideration of the decisions and the reasonableness thereof made by police in the run-up to their entrance. Indeed, the majority has no trouble concluding that, after waiting ten hours for Krause to exit his house, waiting a minute longer was unnecessary. True, the majority concedes, the plan did not end well. Supra at 7. But the majority appears to sanction the officers conduct in arriving with blood and thunder, detonating a flash bang despite the fact that Krause was sleeping, and pre-engaging the automatic-fire modes on their weapons, thereby ensuring that a single trigger pull would result in a fusillade. Claims against officers for use of excessive force during a stop or arrest are properly analyzed in keeping with the Fourth Amendment s prohibition against unreasonable seizures of the person, wherein the reasonableness of a particular seizure depends not only on when it is made, but also on how it is carried out. Graham v. Connor, 490 U.S. 386, 395 (1989) (emphasis in original). This determination requires a careful balancing of the nature and No. 13-2498 Krause v. Jones et al. Page 11 quality of the intrusion on the individual s Fourth Amendment interests against the countervailing governmental interests at stake. Id. at 396 (quoting Tennessee v. Garner, 471 U.S. 1, 8 (1985)). Of course, the reasonableness inquiry must be judged objectively, from the perspective of a reasonable officer at the scene, not based on hindsight, and must allow for the fact that police officers are often forced to make split-second judgments. Id. at 397. But I struggle to understand why the majority s analysis is bereft of any examination into the officers decisions not to wait longer, or to leave Krause asleep while apprehending him, or at minimum to shoot merely in order to incapacitate, rather than to destroy. Compare Baker v. City of Hamilton, Ohio, 471 F.3d 601, 607 (6th Cir. 2006) ( We have held repeatedly that the use of force after a suspect has been incapacitated or neutralized is excessive as a matter of law. ). The case sub judice is unlike Plumhoff, where a fleeing, reckless motorist never abandoned his attempt to flee during the 10-second span when police shot him 15 times. 134 S. Ct. at 2022. Here, Krause who was admittedly armed with a gun and seemingly eager to die started awake, fired once, and died in a hail of 20 bullets. Once Krause fired, it is clear that the officer s decision to return fire was reasonable. But surely this court is able to question also the pre-shooting conduct by law enforcement. See, e.g., Claybrook v. Birchwell, 274 F.3d 1098, 1105 (6th Cir. 2001) (considering earlier shooting in assessing the reasonableness of officer s ultimate use of fatal force); see also Terebesi v. Torreso, No. 12-3867, 2014 WL 4099309, at *11-12 (2d Cir. Aug. 21, 2014) ( Our case law thus clearly establishes that planners may be liable under section 1983 to the extent that a plan for a search or seizure, as formulated and approved by those defendants, provides for and results in an unconstitutionally excessive use of force. ); Young v. City of Providence ex rel. Napolitano, 404 F.3d 4, 22 (1st Cir. 2005) ( [O]nce it is clear that a seizure has occurred, the court should examine the actions of the government officials leading up to the seizure. ) (quotation omitted); Abraham v. Raso, 183 F.3d 279, 291-92 (3d Cir. 1999) (disagreeing with those courts which have held that analysis of reasonableness under the Fourth Amendment requires excluding any evidence of events preceding the actual seizure. ); Billington v. Smith, 292 F.3d 1177, 1188 (9th Cir. 2002) (Police could be held liable for shooting the [suspect] even though they reasonably shot him at the moment of the shooting because they used excessive force in No. 13-2498 Krause v. Jones et al. Page 12 creating the situation which caused [the man] to take the actions he did. ) (quotation omitted); Holland ex rel. Overdorff v. Harrington, 268 F.3d 1179, 1189 (10th Cir. 2001) (The totality of the circumstances surrounding a seizure embraces conduct immediately connected with the seizure, such as police conduct arguably creating the need for force where use of excessive force has been alleged. ) (quotations omitted); Bella v. Chamberlain, 24 F.3d 1251, 1256 (10th Cir. 1994) ( Obviously, events immediately connected with the actual seizure are taken into account in determining whether the seizure is reasonable. ); but see Waller v. City of Danville, 212 F. App x 162, 171 (4th Cir. 2006) ( Although circuits differ on the question of how pre-shooting conduct should be weighed in an excessive force case, this circuit has repeatedly held that such conduct is generally not relevant and is inadmissible. ). If officers had decided, for example, to carry with them a grenade launcher, or call down a strike from a Predator drone, or take other actions which recklessly created excessive risk, this court would be justified in asking whether officers acted unreasonably in their preparations. Compare Bing ex rel. Bing v. City of Whitehall, Ohio, 456 F.3d 555, 570 (6th Cir. 2006) (Even if the police had a great enough interest to use deadly force against [defendant], it does not follow that they may do so in any way they desire, say, by burning down his house rather than shooting at him. ). It is equally appropriate that we inquire why officers were justified in entering with their weapons set to fully-automatic fire. I cannot accept the blind conclusion that this action was reasonable. What is more, it is deeply troubling to see that, before launching their raid against the sleeping Krause, police considered other options, including the truly outrageous possibility of using the SWAT team s tank to bring down the exterior wall of the bedroom and to seize Krause in that way. Supra at 3. This deliberation is disturbing not for the fact that police opted for a different choice, but because such a shockingly militarized option was even a consideration in the apprehension of a low-level drug dealer. In comparison, the officers choice merely to use fully-automatic rifles, riot shields, and flash-bang grenades seems almost reserved. But it is precisely this sort of jurisprudential creep which must be resisted at all costs; indeed, as the Supreme Court long ago warned, [i]t is the duty of courts to be watchful for the constitutional No. 13-2498 Krause v. Jones et al. Page 13 rights of the citizen, and against any stealthy encroachments thereon. Their motto should be obsta principiis [ resist the beginnings ]. Boyd v. United States, 116 U.S. 616, 635 (1886).1 The doctrine of qualified immunity serves the importance purpose of protect[ing] the State and its officials from overenforcement of federal rights, Johnson v. Frankell, 520 U.S. 911, 919 (1997), allowing officials [to] act without fear of harassing litigation, Davis v. Scherer, 468 U.S. 183, 195 (1984). But we must not lose sight of the fact that, [w]here an official could be expected to know that certain conduct would violate statutory or constitutional rights, he should be made to hesitate. Harlow v. Fitzgerald, 457 U.S. 800, 819 (1982) (emphasis supplied). This court cannot condemn the actions of officers from the peace and safety of [our] chambers with the 20/20 vision of hindsight. Supra at 8 (quotation omitted). But it is equally incumbent on us, in discharging our duty to say what the law is, that we craft a jurisprudence that will empower officers to eliminate a threat while still encouraging them to preserve life. See Garner, 471 U.S. at 10-11 ( The use of deadly force is a self-defeating way of apprehending a suspect ; [i]t is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. ). There was no need for Matthew Krause to die. Despite his threats that he might come out shooting, as officers prepared to enter his bedroom he was asleep, posing a danger to no one. In facing such a suspect, police must do more than merely select from an array of deadly options that threaten an unreasonable risk of death at least when safer, simpler options remain. It is not our duty to second-guess law enforcement. But is emphatically our duty to ensure that the law reflects our society s commitment to saving lives, not meaninglessly taking them. For these reasons, I respectfully concur in part and concur in the judgment. 1 Police action that today is borderline but ultimately immunized will tomorrow be clearly established and shielded beyond dispute. As one commentator has recognized in a related context, [a] steady drumbeat of [Fourth Amendment] violations that will not be subject to [the exclusionary rule] will become more and more accepted not as technical violations but as accepted behavior. . . . [W]hat will be considered egregious enough to justify exclusion will also be influenced, resulting in increasingly diminished respect for the right to be secure over time. Thomas K. Clancy, The Fourth Amendment s Exclusionary Rule as a Constitutional Right, 10 OHIO ST. J. CRIM. L. 357, 383 (2013) (footnote omitted).


grandma's cookie jar: Fun New Year's Craft Ideas!
As 2013 comes to an end and 2014 begins, if you are looking for a few fun craft ideas which you can enjoy with your grandchildren, take a look at these ideas I found on Pinterest . . .
a printer, paper, scissors, glue, crayons and and fun stickers, glitter, etc you want to add. If you make this craft with your grandchildren, help them think of specific "good things" they can do with their hands and then plan with them to do some of them to brighten the day of people they know! Share with them Colossians 3:17, "Whatever you say or do should be done in the name of the Lord Jesus, as you give thanks to God the Father because of him."
how He held you all in His hands through difficult and good times!
I especially like this Door Hanger craft as you can print it out and then help your grandchildren think about the specific things they can do to grow closer to Jesus in 2014! Work together to find a Bible verse to put on their door hangers which they can learn and think about all year!


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Belka Games
Fun brand character and vibrant, responsive identity
Fabula Branding carried out the rebranding of Belka Games, a developer of popular games for mobile devices. We've created the image of a squirrel ("belka" in Russian) that gave new life to the company's energetic name. Now over 500K people see this image every day when launching games by Belka Games.
The developer had a catchy name but no image to embody it. That is why we created a corporate identity expressing the company's spirit and the nature of its work and also telling a bit about its history and origins.
The main character of our design solution is, naturally, a squirrel. In order for it to look more respectable we put it on a coat-of-arms turning it into a heraldic symbol (and showing the status of the company at the same time). We used asymmetrical block-like forms, funny and playful lettering in the text part, and a bringt "squirrel orange" colour to make the concept less serious.
The corporate style develops the idea of the logo: on the merch the character comes to life and starts interaction both with the owners and the users. The squirrel talks, gives advice, and sometimes even leaves the logo looking for acorns. The customer was happy to support this idea, and now the squirrel is the main character of all communications at Belka Games.
Our identity adaptation system provides for quick branding of any media. For many of them we've developed different design options for the employees of the company to choose from. This variability of merch solutions is yet another demonstration of the company's dynamic nature.
The space branding system developed by Fabula Branding includes design guidelines for rooms and key locations, navigation, and a set of corporate information media. The agency created a number of stories and illustrations in which squirrels were the main heroes of internal communications: they worked, relaxed, gave advice, and sometimes played little tricks. The new solution takes into account all specific features of the office spaces. Fabula Branding designers worked with each location individually and gave them attractiveness and charisma.
Brand book Brand audit Rebranding Logo Positioning
Natalia Dichkovskaya Beauty School
Matula (Mommy)


text:
The 1944 United States Senate election in Pennsylvania was held on November 7, 1944. Incumbent Republican U.S. Senator James J. Davis sought re-election, but was defeated by Democratic nominee Francis J. Myers.

Ignoring Arlen Specter's brief tenure as a Democrat during the 111th United States Congress (the result of a party switch), this election marked the only time between 1856 and 2023 with the election of John Fetterman that Pennsylvania has sent two members of the Democratic Party to the United States Senate: during the 79th United States Congress, Myers served alongside Democratic Senator Joseph F. Guffey, who would lose re-election in 1946.

General election

Candidates
James J. Davis, incumbent U.S. Senator (Republican)
Frank Knotek (Socialist Labor)
Francis J. Myers, U.S. Representative from Philadelphia (Democratic)
Charles Palmer (Prohibition)
J. Henry Stump, mayor of Reading (Socialist)

Results

References

1944
Pennsylvania
United States Senate

redpajama_set_name: RedPajamaWikipedia


text:
Helena Noguerra, voluit Hélène Barbara Ribeiro Furtado Velho Nogueira (Brussel, 18 mei 1969) is een Belgische actrice, zangeres en schrijfster. Ze is van Portugese afkomst.

Noguerra trad twee jaar op als presentatrice van het gala van de Magritte filmprijzen.

Helena Noguerra is de zus van de zangeres Lio.

Filmrollen (selectie)
 1989: La Salle de bain van John Lvoff
 2002: Ah ! si j'étais riche van Michel Munz en Gérard Bitton
 2002: Sans elle van Anna da Palma
 2003: Les filles, personnes s'en méfie van Charlotte Silvera
 2004: Peau de cochon van Philippe Katerine
 2005: La Boîte noire van Richard Berry
 2006: Thelma demain van Anna da Palma
 2006: Dans Paris van Christophe Honoré
 2008: L'Autre van Patrick Mario Bernard en Pierre Trividic
 2010: L'Arnacœur van Pascal Chaumeil
 2010: Mumu van Joël Seria
 2010: L'Élève Ducobu van Philippe de Chauveron
 2011: On ne choisit pas sa famille van Christian Clavier
 2012: Les Vacances de Ducobu van Philippe de Chauveron
 2012: La Clinique de l'amour van Artus de Penguern
 2013: Turf van Fabien Onteniente
 2013: Hôtel Normandy van Charles Nemes
 2013: Je suis supporter du Standard van Riton Liebman
 2013: La Marque des anges van Sylvain White
 2013: La Vie domestique van Isabelle Czajka
 2014: Fiston van Pascal Bourdiaux
 2014: Alleluia van Fabrice Du Welz

Belgisch Franstalig acteur
Belgisch zanger


text:
package controllers

import (
	"fmt"
	"github.com/astaxie/beego"
	//"log"
	//"os"
	//"os/exec"
	"bytes"
	"net/http"
	//"strings"
	"encoding/json"
	"io/ioutil"
)

type GrafanaController struct {
	beego.Controller
}

type GrafanaJson struct {
	Url string `json:"url"`
}

type GrafanaApiKeyJson struct {
	Name string `json:"name"`
	Key  string `json:"key"`
}

var grafanaUrl string = ""
var grafanaApiKey string = ""

func readGrafanaUrl() {
	file, e := ioutil.ReadFile("./static/json/grafana.json")
	if e != nil {
		fmt.Printf("File error: %v\n", e)
		return
	}
	//fmt.Printf("%s\n", string(file))

	var fileJson GrafanaJson
	json.Unmarshal(file, &fileJson)
	grafanaUrl = fileJson.Url
}

func readGrafanaApiKey() {
	file, e := ioutil.ReadFile("./controllers/grafana_key.json")
	if e != nil {
		fmt.Printf("File error: %v\n", e)
		return
	}
	//fmt.Printf("%s\n", string(file))

	var fileJson GrafanaApiKeyJson
	json.Unmarshal(file, &fileJson)
	grafanaApiKey = fileJson.Key
}

func (c *GrafanaController) GetGrafanaDashboard() {
	readGrafanaUrl()
	if grafanaUrl == "" {
		fmt.Println("Grafana url is empty. (Check ./static/json/grafana.json)")
		return
	}
	url := grafanaUrl + "/api/dashboards/db/home"

	readGrafanaApiKey()
	if grafanaApiKey == "" {
		fmt.Println("Grafana API key is empty. (Check ./controllers/grafana_key.json)")
		return
	}

	var query = []byte(`your query`)
	req, err := http.NewRequest("GET", url, bytes.NewBuffer(query))
	req.Header.Set("Content-Type", "application/json")
	req.Header.Set("Authorization", "Bearer "+grafanaApiKey)

	client := &http.Client{}
	resp, err := client.Do(req)
	if err != nil {
		panic(err)
	}
	defer resp.Body.Close()

	// fmt.Println("response Status:", resp.Status)
	// fmt.Println("response Headers:", resp.Header)
	body, _ := ioutil.ReadAll(resp.Body)
	// fmt.Println("response Body:", string(body))

	c.Ctx.WriteString(string(body))
}

func (c *GrafanaController) UpdateGrafanaDashboard() {
	//
	// jsonIn has the following structure:
	// {netIN: "iface name", netOUT: "iface name"}
	//
	jsonIn := c.GetString("jsonIn")
	//fmt.Println("json in:", jsonIn)
	// data := []byte(jsonIn)
	// var ifcPromsc IfacePromisc
	// err := json.Unmarshal(data, &ifcPromsc)
	// checkErr(err)

	readGrafanaUrl()
	if grafanaUrl == "" {
		fmt.Println("Grafana url is empty. (Check ./static/json/grafana.json)")
		return
	}
	url := grafanaUrl + "/api/dashboards/db/"

	readGrafanaApiKey()
	if grafanaApiKey == "" {
		fmt.Println("Grafana API key is empty. (Check ./controllers/grafana_key.json)")
		return
	}

	var jsonStr = []byte(jsonIn)
	req, err := http.NewRequest("POST", url, bytes.NewBuffer(jsonStr))
	req.Header.Set("Content-Type", "application/json")
	req.Header.Set("Authorization", "Bearer "+grafanaApiKey)

	client := &http.Client{}
	resp, err := client.Do(req)
	if err != nil {
		panic(err)
	}
	defer resp.Body.Close()

	// fmt.Println("response Status:", resp.Status)
	// fmt.Println("response Headers:", resp.Header)
	body, _ := ioutil.ReadAll(resp.Body)
	fmt.Println("response Body:", string(body))

	c.Ctx.WriteString(string(body))
}

func checkErr(err error) {
	if err != nil {
		panic(err)
	}
}

redpajama_set_name: RedPajamaGithub


It has been a long time since I last posted a wishlist post on here, so much so that I had to delve back through my blog archives to see what I used to call this little series.
As it stands I am somewhat on a beauty spending ban, in fact I have been for a good while. This is mainly due to the fact that I still have so many products to use up and also that my life has changed and I find myself spending money on other things these days as opposed to make up and skincare. That being said, the beauty junkie within me is still fully present! I cannot wait to pick up a few new things come the summer time. Therefore, until that time I will sit back and collect a list as long as my arm of the things that currently take my fancy; I will then have to narrow that list down considerably come later on in the year.
Well if there is anything I should finally pick up it is the Hourglass Ambient Lighting Palette considering it was on my last wish list back in February last year…oh my! Everybody I know who has this raves about it, I own the blush version myself and absolutely adore it so I know that this would be a really nice treat.
Naturally as a beauty blogger I am aware of Caroline Hirons and the sheer amount of knowledge that she has put my way, just through reading her blog. I really do think that her no nonsense attitude is incredibly refreshing which is perhaps one of the reasons why I tend to follow her recommendations, so long as the budget will allow. Luckily for most of us, she has collaborated alongside Pixi and has released a cleansing balm duo which I really do hope to pick up later on this year; I am incredibly curious to see how this works for me.
The Becca Shimmering Skin Perfector in Champagne Pop has, like the Hourglass Palette, been on my wish list since its launch. Once again I have read so many positive reviews about this product, so much so that out of everything on here this is probably the product that I will purchase without question come the summer time. It'll be the perfect time to pick it up too as hopefully it'll go nicely with a bit of tan….perhaps that is wishful thinking, I do live in the UK after all.
This is a shade that I have seen Fleur from Fleur de Force rave about several times. I personally haven't tried it and would never just purchase it online having not swatched it in store, yet next time I do pass a MAC counter I do intend on checking this out. As of yet I haven't tried any of the new liptensity range so I am also looking forward to seeing what that is like.
If you haven't heard of this lipstick or the corresponding lip liner then quite simply, where have you been my friend? The liner under the same name is incredibly popular and is for me once of the nicest liners I have personally used. The colour is insanely beautiful and it looks so natural on the lips. It is most certainly a product I would really like to purchase this year, although I already have so many lipsticks that it somehow does feel rather unnecessary.
To this day I have yet to try a Kiehl's product that did not work for me. Unfortunately for me this is one of the more expensive products from Kiehl's that I am aware of so it is unlikely that I will be able to pick it up any time soon. That being said, I am still very much in love with their Tumeric and Cranberry Seed Radiance Mask which is more affordable; I would highly recommend it.
Last year I only discovered two fragrances that I honestly liked. The first was YSL Mon Paris which I managed to pick up in the Christmas sales and the second was Hugo Boss The Scent. When I last tried this at the beginning of January I still liked it a lot, therefore it may end up falling onto my birthday list come July. Having said that, my bottle of Bronze Goddess is due for replacement this year so I may just have to pick that up instead; I really do need that in my life.
What is on your beauty wishlist?


text:
De oed (Arabisch: عود; ook geschreven als oud of ud, uitspraak: oed) is een peervormig snaarinstrument dat veel gebruikt wordt in muziek uit het Midden-Oosten. Het instrument wordt beschouwd als een voorloper van de luit (el ud werd lute) en valt vooral op omdat het niet gebruikmaakt van fretten. De moderne oed heeft twaalf snaren.

De oed werd vrijwel zeker geïntroduceerd in West-Europa in de achtste eeuw via het Iberisch Schiereiland.

De oudste beelden van een oed zijn van zo'n 5000 jaar geleden uit de Urukperiode.

Hedendaagse muziek
 Anouar Brahem
 Marcel Khalife
 Rabih Abou-Khalil

Azerbeidzjaans muziekinstrument
Luit
Volksinstrument


The Shaler Area Girls Varsity Track and Field team come up with a loss against both Pine Richland and Seneca Valley. The girls were able to secure only three 1st place finishes against both teams. In the 400m Ella Katona place 1st against Pine Richland with a time of 1:06.29. In the field, Shannon Roche took 1st with a throw of 85′ 4″ in the discus and Morgan McCullough jumped 4′ 4″ in the high jump. A few other athletes were able to secure some points in events that are new to the Lady Titans which will build upon the success of the program.
The Lady Titans take on Butler on Monday, April 15th at Butler.


text:
1000 – 925 West Georgia Street
V6C 3L2
VANCOUVER, BC, CANADA – March 11, 2022 ESG Global Impact Capital Inc. ("ESG" or the "Company") (TSXV: ESGW) Further to the Company's press release of March 4, 2022, the Company has issued 2,307,692 common shares at deemed price of $0.07875 per share to settle an aggregate indebtedness of $181,731, with a hold period expiring July 10, 2022.
For further information, contact Mr. David Berg, CEO of ESG Global Impact Capital Inc. at: info@esgcapitalinc.com
This press release may contain forward-looking statements. All statements, other than statements of historical fact, constitute "forward-looking statements" and include any information that addresses activities, events or developments that the Company believes, expects or anticipates will or may occur in the future including the Company's strategy, plans or future financial or operating performance and other statements that express management's expectations or estimates of future performance.


우리는 중국에서 유행 추상 패턴 디자인 짠된 직물 제조 업체 및 공급 업체 / 공장 전문화되어 있습니다. 유행 추상 패턴 디자인 짠된 직물 중 하나 인 SHANDONG XINGTENG INTERNATIONAL TRADE CO., LTD. 중국 유명 브랜드 중 하나 인 저렴한 가격 / 저렴한 가격으로 고품질의 유행 추상 패턴 디자인 짠된 직물 도매업.
Wholesale 유행 추상 패턴 디자인 짠된 직물 from China, Need to find cheap 유행 추상 패턴 디자인 짠된 직물 as low price but leading manufacturers. Just find high-quality brands on 유행 추상 패턴 디자인 짠된 직물 produce factory, You can also feedback about what you want, start saving and explore our 유행 추상 패턴 디자인 짠된 직물, We'll reply you in fastest.


Truck Parking online games are the best games to enhance the parking skills. In these new Trucks parking games you will get many opportunities to learn the basic concepts of parking. If you are good driver then you must also test your parking capabilities in these free truck parking games.
You will find an amazing collection of truck parking games for pc here. You must test your parking abilities in the realistic truck parking 3d games. It is not going to be an easy task to park the heavy truck in heavy duty truck parking game. You have to be careful in the park my big rig 3 game. Truck driving needs a lot of concentration so get ready to sharp your parking skills in these online games. You must not damage your truck in park my truck game. While parking, you have to take charge of many different things so do not ignore any of them. Do not hit anyone on the road. If you fail to park properly in the parking spot then you will lose the game.


To modify an existing reservation, you'll have to cancel the reservation and make a new one. See 'How can I cancel a journey?' for more help.
Remember, if you cancel a reservation too close to the pick up time, you may be charged (see 'Do I have to pay if I cancel a journey?' for more information).
Do I have to pay if I cancel a journey?
How can I cancel a journey?
Will I be charged if I cancel my journey?