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Judge receives Schiavo Lawsuit
The Miami Herald ^ | 3/21/2005 | Phil Long

Posted on 03/21/2005 6:21:04 AM PST by MichaelP

Posted on Mon, Mar. 21, 2005

R E L A T E D C O N T E N T

LAST-MINUTE ACTION: David Gibbs III, the attorney for the Schindler family, holds a copy of the lawsuit filed in the Terri Schiavo case outside the U.S. Courthouse early Monday morning in Tampa. CHRIS O'MEARA/AP

R E L A T E D L I N K S • Read the legislation • Some churchgoers see case's shades of gray • Protest outside husband's house • Mom: It's about love, not 'yes' or `no' • Is Congress overstepping its limits? Legal experts at odds • Previous coverage | The life of Terri Schiavo • Emotions fill Capitol debate • Schiavo visitors watch with prayers • High-profile antiabortion protesters reunited • Death from dehydration common, placid, doctors say • Schiavo case hits home for some • Read the subpoenas • Read the federal motions • Forum | What do you think about the recent developments? • Gov. Bush leads unprecedented lobbying effort • Schiavo's plight still weighs on former guardian • Subpoenas rely on anti-Mafia tactic • Protests shatter calm at hospice • Time runs short for Schiavo • Lawmakers widen Schiavo right-to-die fight • Graphic | Timeline • On the Web | Legal documents • On the Web | President Bush's remarks on the Schiavo case • Read Dr.Wolfson's final report

Judge receives Schiavo lawsuit

BY PHIL LONG

plong@herald.com

TAMPA - Capping a hectic night of action by the Republican Congress and President George Bush to pave the way, a new federal lawsuit designed to keep Terri Schiavo alive landed early this morning in the hands of a federal judge appointed by Democrat Bill Clinton.

See link for rest

U.S.

(Excerpt) Read more at miami.com ...


TOPICS: News/Current Events
KEYWORDS: cultureofdeath; euthanasia; feedingtube; goebbels; goebels; hitler; imageofgod; imagodei; jameswhittemore; judge; judgewhittemore; lawsuit; nazis; propaganda; righttolife; schiavo; terri; terrischiavo
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To: MichaelP

Judge Whittemore case:


Adult club laws must face review
A federal panel says a judge was too quick to dismiss two clubs' challenge of Manatee County's restrictions.
By Associated Press
© St. Petersburg Times
published July 17, 2003





BRADENTON - A federal judge must reconsider a decision upholding two Manatee County ordinances that placed restrictions on adult nightclubs, a federal appeals panel ruled.

The decision by a three-member panel of the 11th U.S. Circuit Court of Appeals revives a challenge the Peek-A-Boo Lounge and Temptations II made to ordinances passed in 1998 and 1999.

The first ordinance prohibited private rooms in adult clubs, required lobbies in adult nightclubs, set minimum levels of lighting and allowed deputies to search clubs without warrants.

The second outlawed nudity in public places and prohibited erotic dancers from wearing G-strings and thongs in public, except during "bona fide" performances.

The nightclubs challenged the ordinances in U.S. District Court, claiming they violated the Fourth Amendment's prohibition on warrantless searches and the 14th Amendment's guarantee of equal protection.

Manatee County asked U.S. District Judge James Whittemore to dismiss the lawsuit by summary judgment in January 2001, arguing that adult clubs caused negative secondary effects such as crime and lower property values.

But the adult clubs hired a real estate agent and a researcher to write a market report, using county data, that the clubs said showed no adverse effects from their operations.

"For each and every issue of concern, we showed that the business had no adverse influence," Luke Lirot, an attorney for the adult clubs, said Wednesday.

But the judge sided with the county.

The appellate panel said the judge failed to give the adult clubs' report due consideration.

"We are reluctant to rule without further argument from the parties and findings by the district court," the appellate panel wrote.

The county can appeal the order to the full appellate court or the U.S. Supreme Court or move forward with a trial in district court.

Tedd Williams, Manatee County attorney, said he still had to read the opinion before responding.


101 posted on 03/21/2005 7:11:35 AM PST by xzins (Retired Army Chaplain and Proud of It!)
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To: Zechariah_8_13

What about a catscan?


102 posted on 03/21/2005 7:12:02 AM PST by ConservativeMan55 (DON'T FIRE UNTIL YOU SEE THE WHITES OF THE CURTAINS THEY ARE WEARING ON THEIR HEADS !)
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To: nmh

well, seeing as how it is surgery with anesthesia, i can see a reason but there is no reason why she cannot have IV fluids and they can use hyperalimentation via IV to get nutrition into her. That is so non invasive there is not a reason to delay.

Someone needs to be giving the judge some medical options short of the feeding tube. To get stuck on the feeding tube is a mistake.


103 posted on 03/21/2005 7:12:09 AM PST by cajungirl (no)
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To: ContraryMary
Sorry, that was just agreeing to the Senate bill. Here's the actual text


For the relief of the parents of Theresa Marie Schiavo. (Considered and Passed by Senate)

S 686 CPS

109th CONGRESS

1st Session

S. 686

For the relief of the parents of Theresa Marie Schiavo .

IN THE SENATE OF THE UNITED STATES

March 20, 2005

Mr. FRIST (for himself, Mr. MARTINEZ, and Mr. SANTORUM) introduced the following bill; which was read twice, considered, read the third time, and passed


AN ACT

For the relief of the parents of Theresa Marie Schiavo .

SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO .

SEC. 2. PROCEDURE.

SEC. 3. RELIEF.

SEC. 4. TIME FOR FILING.

SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

SEC. 8. NO EFFECT ON THE PATIENT SELF-DETERMINATION ACT OF 1990.

SEC. 9. SENSE OF THE CONGRESS.




THIS SEARCH     THIS DOCUMENT     GO TO
Next Hit        Forward           New Bills Search

Prev Hit        Back              HomePage
Hit List        Best Sections     Help
                Contents Display   


104 posted on 03/21/2005 7:12:39 AM PST by Tree of Liberty (requiescat in pace, President Reagan)
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To: PhiKapMom

I don't understand the implication of the "Circuit in Atlanta". Can you elaborate please?


105 posted on 03/21/2005 7:13:33 AM PST by sarasota
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To: mizled24
Perhaps they want her to die to MAKE it meaningful???

MARTYRDOM is do dramatic.

Many trolls get zotted daily -they are always irrelevant.

Do you think they see themselves as martyrs even though they support a corrupt liberal agenda?

106 posted on 03/21/2005 7:13:42 AM PST by DBeers
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To: ConservativeMan55

I'm not a doctor, so I can't say. I've heard mention of PET scans and other tests.


107 posted on 03/21/2005 7:13:45 AM PST by Zechariah_8_13 (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: ConservativeMan55

As I've read, a CAT scan doesn't have the resolution necessary for a proper diagnosis on vegitation. An MRI or PET would be the best tools to use. I hadn't heard about any metal in her head.


108 posted on 03/21/2005 7:13:53 AM PST by Tree of Liberty (requiescat in pace, President Reagan)
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To: FairOpinion
He could have ordered the reinsertion of the feeding tube the moment he got the filing,

I don't think he could do that until he reviews the case, decides it has merit and proceeds. Right now he can either proceed or throw it out. It should not take that long to review the pleadings that were filed and call the lawyers back to chambers. Let's hope that happens this morning.

109 posted on 03/21/2005 7:14:25 AM PST by PistolPaknMama (Will work for cool tag line.)
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To: MichaelP

Judge Whittemore Case:

HIV-positive Man Gets 15 Years in Prison for Sex with Teen

An HIV-positive New York man received a 15-year prison sentence for having sex with a 15-year-old girl he met on the Internet. Jose Blas, 48, met the girl from Largo, Florida in a chat room last year. He initially told her he was 18 and later showered her with gifts and love notes. He flew down from Forest Hills, New York, last December and spent the day with her at a Pinellas Park hotel. He never told her he was infected with HIV.

Blas and his lawyers said Monday that Blas used condoms, but the girl faces periodic testing to determine whether she was infected. She recently suffered head injuries in an accident and has been in a coma.

Blas was arrested in April. Investigators discovered computer evidence that showed him courting a second teenager, this one in Jacksonville, for a similar rendezvous.

Blas pleaded guilty to two counts of using a computer to pursue minors for sex and one count for traveling to Florida to have sex with a minor. U.S. District Judge James Whittemore granted a prosecution request to exceed normal sentencing guidelines for the first-time offender.

Assistant U.S. Attorney Colleen Murphy-Davis argued that the health risks Blas introduced warranted a higher sentence. “He had sex with her despite the fact that he had a potentially deadly disease,” Murphy-Davis said.

[Associated Press, 12/17/02]


110 posted on 03/21/2005 7:14:54 AM PST by xzins (Retired Army Chaplain and Proud of It!)
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To: sarasota

Atlanta is the home of the 11th Circuit Court of Appeals. If any ruleing by this new judge gets appealed, it goes straight to either a 3 judge pannel, or en banc.


111 posted on 03/21/2005 7:15:14 AM PST by Tree of Liberty (requiescat in pace, President Reagan)
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To: Blurblogger

I pray it all works in time for Terri's sake. If it doesn't, she will be a martyr poster child for political campaigns for years to come and the Libs will rue the day she dies....


****

Amen.


112 posted on 03/21/2005 7:15:35 AM PST by BizzeeMom ("We cannot do great things. We can only do small things with great love" Bl. Teresa of Calcutta)
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To: MichaelP

...if the judge denies Terri food and water, the Republicans will be able to say "we tried our best". That really disturbs me.


113 posted on 03/21/2005 7:15:39 AM PST by who knows what evil? (If arrogance was beauty, New England women would be supermodels!)
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To: nmh
But what is the point if when they finnnnaaallly get around to making a decision she's DEAD?

I understand your point ... but Congress did what they could without over stepping their bounds

It's now up to the Fed Judge is speed up the time for hearing Terry's case

114 posted on 03/21/2005 7:16:29 AM PST by Mo1 (Why can't the public see Terry - What are they afraid of ??)
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To: cajungirl
I'd bet that they believe what ever they outside of nothing is prolonging her life - which under the circumstance might be true. She doesn't have a terminal disease - just brain damaged. Starvation is their vehicle of death.

I am appalled that 3:00 is the time set for an answer of some sort.

115 posted on 03/21/2005 7:16:29 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: Tree of Liberty

Thanks!


116 posted on 03/21/2005 7:16:48 AM PST by ContraryMary
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To: MichaelP

I'm concerned about this Federal Judge...he's a clintoon appointee...why has he not had the feeding tube reinserted? A hearing at 3PM without reinserting the feeding tube!!! This doesn't look good for Terri.


117 posted on 03/21/2005 7:17:09 AM PST by shield (The Greatest Scientific Discoveries of the Century Reveal God!!!! by Dr. H. Ross, Astrophysicist)
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To: MichaelP
You may participate in an on-line poll on this site. The poll has just been put up. It records your vote so that you cannot vote more than once.

More Terry Schiavo Reports Here

118 posted on 03/21/2005 7:17:19 AM PST by ex-Texan (Mathew 7:1 through 6)
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To: Tree of Liberty

"I hadn't heard about any metal in her head."

Her lovely husband did some highly experimental shock treatment and surgery on her.

There's a reason why he said to a nurse something like why doesn't the bwitch die?

He's tried to kill her in many ways.


119 posted on 03/21/2005 7:18:22 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: who knows what evil?
the Republicans will be able to say "we tried our best".

I don't think they'd be able to claim that, given that they could have acted much sooner. By getting in the ring when they did, both the legislative and executive are now obligated to do EVERYthing in their powers to see that Terri lives. Anything less and there will be hell to pay.

120 posted on 03/21/2005 7:19:17 AM PST by Tree of Liberty (requiescat in pace, President Reagan)
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