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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: Dante3

More evidence of how important it is that Bush's judicial nominees get approved.

The judiciary has been taken over by the liberal activist judges pushing their agendas from the bench.


81 posted on 03/21/2005 7:03:13 AM PST by FairOpinion (http://www.helpterri.com)
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To: FairOpinion

"He IS trying to run out the clock. By that time Terri will have been dehydrated and starved for over 3 whole days. "

Sure sounds like it.

A compassionate person would put the tube IN immediately and then REVIEW.


82 posted on 03/21/2005 7:04:21 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: MichaelP

Judge Whittemore Case:

Polk County, Fla. school uniforms

School Uniform Policy Gets a Victory Wednesday, January 10, 2001 By JENNA DEOPERE The Ledger LAKELAND -- A federal court judge has handed a victory to the Polk County School District and its dress code policy for elementary and middle school students. Judge James Whittemore granted part of the Polk County School Board attorney's request to dismiss a lawsuit filed in September 1999 on behalf of students and their parents who oppose the district's policy. Whittemore said in his ruling that there was not enough proof in the complaint that the rights of parents or their children had been violated. "The complaint does not contain factual allegations concerning the particular harm suffered by and of the 154 plaintiffs," Whittemore wrote in an order released Friday. "In asserting a claim that the dress code is unconstitutional as it is applied, plaintiffs must set forth facts giving the defendants fair notice of what the plaintiff's claims are and the grounds upon which the claim rests." School Board attorney Wes Bridges said the parents' lawsuit has been confusing. "This has been a very poorly pled case," Bridges said. "You cannot tell which plaintiff goes with what complaint." Whittemore's ruling didn't slam the door on the lawsuit, however. In his ruling, Whittemore said the plaintiffs have 20 days to refile an amended complaint. Robert Norgard, the attorney for the parents, would not answer questions about the lawsuit Tuesday. Bridges said the School Board now has to wait to see what Norgard does before knowing where the case will end up. He said it's not unusual to give plaintiffs a second chance to correct a complaint. Until something else happens with the lawsuit, the district will continue to gather information to prepare for a possible trial in August. The lawsuit was filed after the School Board voted in May 1999 to require school uniforms. The board chose not to include a provision in the rule that would have allowed parents to decide whether their children would wear the mandated uniforms. The rule requires elementary and middle school students to wear navy blue or white tops, plus shirts of colors accepted by individual schools, and navy blue, black or khaki bottoms.


83 posted on 03/21/2005 7:04:35 AM PST by xzins (Retired Army Chaplain and Proud of It!)
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To: FairOpinion
I just heard he could have had the tube reconnected immediately....but has chosen not to..and instead will wait for this 3pm conference with other attorneys.

This is not good!

84 posted on 03/21/2005 7:05:13 AM PST by Guenevere (Sola Gratia)
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To: FairOpinion

That's why they are fighting Bush, tooth and nail to KEEP their monopoly.


85 posted on 03/21/2005 7:05:20 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: Humal
"Fox just announced there will be a 3 p.m. hearing on the injunction. He's called the lawyers to his office then to decide."

By waiting that long and not immediately ordering the feeding of Terri to resume, I fear that this Judge has tipped his hand. It doesn't look good, IMO.

86 posted on 03/21/2005 7:05:40 AM PST by lstanle
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Comment #87 Removed by Moderator

To: lstanle

"By waiting that long and not immediately ordering the feeding of Terri to resume, I fear that this Judge has tipped his hand. It doesn't look good, IMO."

I agree.

There is no reason to NOT allow her the tube and THEN review this crap.


88 posted on 03/21/2005 7:06:50 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: mizled24

Hopefully this federal judge will order the MRI that Terri's been denied, etc.


89 posted on 03/21/2005 7:07:10 AM PST by George from New England
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To: George from New England

That would be nice but I want her ALIVE for the MRI.


90 posted on 03/21/2005 7:07:57 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: Guillermo
Did the Congressional Bill order the Judge to have it re-inserted?

No .. it gives Terry the right to have her case reviewed in a federal court to have it put back in

91 posted on 03/21/2005 7:08:04 AM PST by Mo1 (Why can't the public see Terry - What are they afraid of ??)
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To: MichaelP

Why not get on conference call with the attorneys NOW instead of 3:00?


92 posted on 03/21/2005 7:08:09 AM PST by katieanna (Fear Not. Believe Only.)
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To: George from New England

I believe she can't have an MRI because of metal in her brain (from an experimental surgery earlier).

However, there are other tests she could have.


93 posted on 03/21/2005 7:08:44 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: ContraryMary

Providing for consideration of the bill (S. 686) for the relief of the parents of Theresa Marie Schiavo. (Reported in House)

HRES 182 RH

House Calendar No. 17

109th CONGRESS

1st Session

H. RES. 182

[Report No. 109-28]

Providing for consideration of the bill (S. 686) for the relief of the parents of Theresa Marie Schiavo.

IN THE HOUSE OF REPRESENTATIVES

March 21 (legislative day of MARCH 20), 2005

Mr. GINGREY from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed


RESOLUTION

Providing for consideration of the bill (S. 686) for the relief of the parents of Theresa Marie Schiavo.

House Calendar No. 17

109th CONGRESS

1st Session

H. RES. 182

[Report No. 109-28]

RESOLUTION

Providing for consideration of the bill (S. 686) for the relief of the parents of Theresa Marie Schiavo.


March 21 (legislative day, MARCH 20), 2005

Referred to the House Calendar and ordered to be printed



94 posted on 03/21/2005 7:09:18 AM PST by Tree of Liberty (requiescat in pace, President Reagan)
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To: tomahawk

Does anyone have an email address/phone number for this judge??


95 posted on 03/21/2005 7:10:20 AM PST by sarasota
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To: Mo1

"No .. it gives Terry the right to have her case reviewed in a federal court to have it put back in."

But what is the point if when they finnnnaaallly get around to making a decision she's DEAD?


96 posted on 03/21/2005 7:10:22 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: FairOpinion
Sadly, it looks like he is dragging his feet and will wait until Terri dies. He could have ordered the reinsertion of the feeding tube the moment he got the filing,

It does look like footdragging.

97 posted on 03/21/2005 7:10:46 AM PST by snowsislander
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To: Tree of Liberty

Thanks for your efforts. However, this doesn't give the text of the bill itself. Would you know where I could get that?


98 posted on 03/21/2005 7:10:57 AM PST by ContraryMary
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To: FairOpinion
Then there will be arguments in the court, he will review the case for another couple of days..

She doesn't have a couple days

99 posted on 03/21/2005 7:11:25 AM PST by Mo1 (Why can't the public see Terry - What are they afraid of ??)
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To: FairOpinion
From the article: Gov. Bush, praised the actions of Congress. "We in government have a duty to protect the weak, disabled and vulnerable,"

God bless George Bush and our Congess. None of us alive today have ever witnessed anything this extraordinary to save one life. I hope Terri is one day rehabilitated to the point that she understands what her country did for her.

100 posted on 03/21/2005 7:11:28 AM PST by PistolPaknMama (Will work for cool tag line.)
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