Court Likely Ends Suit Over Beating at Rally (DON ADAMS UPDATE)

Philadelphia Inquirer ^ | January 23, 2007 | Joseph A. Slobodzian

[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.

[streetpreacher]

How many on your ping list have been banned? I noted Willie Green.

[philman_36]

This outcome was almost a foregone conclusion.
A valiant effort, nonetheless.

[bmwcyle]

Yes

[IronJack]

Believe me, my use of "you" was meant to be inclusive. In many ways, I suspect you suffered more than he, certainly as much. I in no way intended to slight YOUR contribution or sacrifice.

FReeper women are the anvil. All we are is the hammer.

[Just A Nobody]

Really sorry to hear this abomination.

[Shimmer128]

Wow, never knew this.

[Tribune7]

Someone told me about Willie earlier and I meant to take him off.

He's off.

I don't know of anyone else who has been banned.

[Straight Vermonter]

This is really a blast from the past. I am sorry it has ended so badly.

[Letaka]

Old story, and forgotten by most. Having dealt with Teamsters in negotiations this is typical and fits them. They were always interested in just one thing, members dues.

[TAdams8591]

"This effectively ends all question of pursuing a civil rights complaint against...anybody. Rendell is officially off the hook."

It appears the courts have blocked us from any more pursuit of civil violations at the FEDERAL level. However, they can still be pursued at the state level and Rendell can still be held accountable there.

[Larry Lucido]

Good to hear. Thanks for the update.

[TAdams8591]

All five Teamsters (one of them a woman) who were eventually prosecuted (it took one year for the DA to arrest THREE of them), after a tremendous effort by us and all those who helped us, were also prosecuted for assaulting me. Teamsters did assault a woman that day.

DA, Lynn Abraham, realized that particularly without the latter three arrests, as LATE as they were, not only would we probably win a suit at the the Federal Level, she would appear far more guilty of prosecutorial abuse.

[TAdams8591]

A sincere and heartfelt thank you to you, TS, and to all who helped us, in one way or another.

Staytrue, you were particularly generous and we will never forget it.

To all those in the conservative camp who went to such great lengths to undermine our effort, what goes around comes around.

[TAdams8591]

"Believe me, my use of "you" was meant to be inclusive. In many ways, I suspect you suffered more than he, certainly as much"

YOU have NO idea. Incidentally, We were not in this to be martyrs, we were in it to win for ourselves and more importantly the constitution. Were this not a constitutional question, we would have ended it long ago.

[PGalt]

Individual Rights BUMP! America's robed mullahs alert!

Thanks for the glimmer of hope at the state level.

[Physicist]

It appears the courts have blocked us from any more pursuit of civil violations at the FEDERAL level. However, they can still be pursued at the state level and Rendell can still be held accountable there.

You're right, I should have been more clear about that. I was emphasizing only the civil rights aspect of the case, but there is more to it than that.

The state civil case, which is entirely viable, will (correct me if I'm wrong) hinge on whether Rendell and Teamsters Local 115 caused pain and suffering through negligence or intent, rather than whether your rights were violated. Like it's just another fender-bender.

[Alamo-Girl]

Thanks for letting us know.

[TAdams8591]

"The state civil case, which is entirely viable, will (correct me if I'm wrong) hinge on whether Rendell and Teamsters Local 115 caused pain and suffering through negligence or intent, rather than whether your rights were violated. Like it's just another fender-bender."

I don't know that the above is the case. Don and I were discussing it just yesterday. We need a more definitive answer. However, my present understanding is that the Teamsters and Ed Rendell can be held for civil rights violations at the state level.

A couple of years ago, when I was pursuing my paralegal diploma, I learned that only the government can be sued at the Federal level for civil rights violations, a moment of truth for me. It was then I understood how necessary it was to tie the local government to an intentional violation of our civil rights even if mostly with circumstantial evidence. To the extent that our case, hinges on circumstantial evidence, and it hinges almost entirely on circumstantial evidence, I believe we did so. We built a very strong case against the local Philadelphia government, well above the standard required in civil court. The judges decision in our case is simply very wrong. They were not going to allow us victory against a sitting governor married to a sitting judge from the Third Circuit.

[Antoninus]

Well, at least Johnny Morris is now likely in a place where he's getting a beating rather than targetting people for them.

Vengeance is Mine, sayeth the Lord.

[Tribune7]

Good luck and thank you.