Posted on 01/23/2007 7:12:16 PM PST by Physicist
A federal appeals court refused yesterday to revive civil-rights claims against Gov. Rendell, District Attorney Lynne M. Abraham, and Teamsters Local 115, part of a lawsuit filed eight years ago by a man who says he was beaten and falsely prosecuted after protesting a 1998 appearance by President Clinton.
The opinion by a three-judge panel of the U.S. Court of Appeals for the Third Circuit is likely the end of the federal suit filed by Don and Theresa Adams, although Adams has said he will press civil claims involving state law in Philadelphia Common Pleas Court.
Neither Adams, 46, of Cheltenham, nor his lawyer could be reached for comment.
At issue before the Third Circuit panel was whether a lower-court judge properly dismissed the Adamses' lawsuit.
The suit by Adams and his sister, Theresa, 47, contended that members of Teamsters Local 115 ended their anti-Clinton demonstration by beating them on Oct. 2, 1998. The suit contended that Rendell had earlier called Local 115's leader, John "Johnny" Morris, and requested a strong union presence at Clinton's City Hall appearance and that Teamsters should "drown out" anti-Clinton protesters.
(Excerpt) Read more at philly.com ...
So sorry to hear this......Teri & Don deserve justice!
This is a terrible outcome.....
Wow.
Apparently, the political speech of some Americans is more protected than the political speech of other Americans.
Thanks for the update; so sorry about the outcome.
Don Adams bump!
Sick. Just sick.
Thanks for the ping.
I want our country back.
You have my respect, and my thanks.
In a day when the tactics of the Left turn more and more toward violence and intimidation, you're an inspiration. One of these days, everyone is going to have to fight back, or submit themselves to slavery or death...not just for themselves, but for their families and everyone they know.
OTOH, this ruling also provides US with some badly-needed guidance as to dealing with protesters.
It would seem to work both ways...
This stinks. One more reason to keep your powder dry.
My condolences.
Yahn's summary judgment seems to rely on his making a factual decision. Here it is:
""But the evidence, Yohn said, showed that "Rendell believed the union's violent reputation only extended to labor disputes and he had no knowledge of the organization behaving violently during political demonstrations."
The fact that they had never been caught engaged in politically motivated violence is irrelevant. It's also irrelevant that Yahn noted no one produced evidence that Rendell threw any punches also. It's a civil trial and findings of fact are to be determined by a jury. What is relevant is that their tool box was well known, especially to Rendell, to contain intimidation, coercion, unjustified violence, corruption, conspiracy, retaliation, ect...
From the stories, I take it that their presence at the event was a commanding presence. IOWs, they took up positions to greet the the opposition protesters and had a major influence on the mood and level of confrontation in the interactions. Out of the 50 groups Rendell is said to have "invited", Local 115 was right up front?
I presume the attys would have been able to present to the jury evidence that Rendell knew that his simple command, not to be violent would be wholly insufficient. That Labor and Politics is intimately connected and this event was intended by Rendell, to be an emotionally high intensity event. That means Yahn didn't make a simple error, he decided the facts in the case. It also means that the appeals court blessed that finding of fact. That Labor and Politics are not connected and that Rendell's invitation was simply to all peace loving Ds in general.
Rendell's actions in the matter after the event, contradict his claims about not wanting violence at the event and indicate, that he had no problem with it whatsoever. IMO, both Yahn and the 3rd Circuit made a finding of fact for political purpose.
They suck.
Thanks for the ping!
I've given money to the Adams' defense and they are on the "What if I win the lottery list." in the Shrew household. I wish I could do more. I appreciate their efforts and yours.
Regards,
TS
You could very well be right. There is still a double standard in the US only this is a good one. Most people, even union goons, are reluctant to beat up a woman.
ping
Is this the case you were telling me about?
"District Attorney Lynne M. Abraham" Starts with a 'c', and rhymes with 'hunt'. ............... FRegards
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.