TERRI SCHINDLER SCHIAVO CALLING ALL FREEPERS Pt2 Disabled FL woman given Death Sentence by FL Courts

09-21-03 | pc93

[freeparoundtheclock]

I see you got past the legalese to the heart of the Complaint. It dovetails nicely with all our assertions in Terri's monster thread but it helps Terri better as a pleading.

Everyone who's helping Terri, you are participating in one of the finest freeps ever. BAR NONE.

[syriacus]

U.S. 5th Circuit Court of Appeals PETTA v RIVERA

In Coon v. Ledbetter , 780 F.2d 1158 (5th Cir. 1986), we allowed a § 1983 claim for excessive force on behalf of a young child under circumstances somewhat similar to ours. In Coon , the police allegedly fired into a trailer attempting to apprehend the trailer's owner, Billy Dan Coon. Coon's four-year-old daughter, Racheal, was inside the trailer when the shot was fired. Although the facts do not indicate that Racheal suffered anything but "sleeplessness and nightmares" after the incident, we nonetheless found that she had sufficiently alleged a violation of her constitutional rights. Id . at 1160-1161.    

In Coon , we addressed the contours of the excessive force claim in the context of whether the plaintiffs had adequately alleged a constitutional violation. Id . at 1160-61. We discussed the officers' defense of qualified immunity only insofar as it could arise on retrial. Id . at 1164. We did not, in any case, squarely address the question whether non-physical injury alone could satisfy the Shillingford test (although we certainly implied that it would). Regarding the applicability of qualified immunity, we merely observed that "[u]se of excessive force in making an arrest violates clearly established rights, and the doctrine of qualified immunity therefore does not shield an officer who uses excessive force."

We do not call Coon into question, however. In 1986, Shillingford was "clearly established law" in this area and we had not yet drawn any "bright lines" between constitutional and non-constitutional violations on the basis of physical or non-physical injuries ( see discussion infra at III.B.3). Thus, the Coon court's implicit finding that the officers' conduct there satisfied the Shillingford test (and in particular that Racheal Coon's injuries were "severe," see Shillingford , 634 F.2d at 265) appears justified in light of "clearly established" legal rules at that time.

[freeparoundtheclock]

WFLA 970 BREAKING: Backing up your post re: FLA AG CHARLIE CRIST. It's now on the radio that Crist and his team ARE CLOSELY MONITORING ALL THE COURT CASES but haven't ruled out stepping in.

I knew our GOP leaders wouldn't let us down but PARTY doesn't matter. They should do this because IT'S THEIR JOB!!! Keep praying.

[freeparoundtheclock]

Felos is becoming "immaterial". I bet that's driving him wild. Time for more breathing exercises and yoga. "I am all." "I am all."

[freeparoundtheclock]

I'd love to see Greer's perp walk. Greer's Gotta Go!

[freeparoundtheclock]

Be glad that Charlie Crist is Florida's AG. He expanded the Civil Rights Dept. as soon as he was sworn in. CRIST FOR NEXT GOVERNOR! Dem past AG Butterworth would have done diddly squat re: Terri imo.

[freeparoundtheclock]

The Style of the Case is determined by the party initiating the Federal lawsuit, not the Judge. Felos is counsel but is not a party to the case. Only the parties appear in the heading. In the body of the Complaint, there are allegations against hubby and against Judge Greer. Felos is as bad as they are but there would have to be further investigation to implicate him in any "scheme".

The attorneys of record are listed on the signing page.

I wanted yestv to see this too.

[freeparoundtheclock]

Please see my post to Robert Drobot re: Felos not being more prominent in the A. Complaint. I have other ideas but I will not discuss legal strategy here in case there are LURKERS here.

GO, CRIST!!!

[Robert Drobot]

"....CLOSELY MONITORING...."

Political speak for 'I'm watching the polls'.

This guy's had 13 years to "....monitor...." the sins of late great State of Florida applied to Terri and on 25 September 2003. His office, not him with a mike in his mouth, says their "....CLOSELY MONITORING...." the eventual execution of Terri by the 'system' the Honorable Governor Jeb Bush says elected officials put in place to "protect the incapacitated".

The Florida 'system' is "....CLOSELY MONITORING...." their barbaric murder of a woman who's only offense against the 'system' is she can not speak.

I will pray God's punishment of them will be equal to the punishment they have imposed on the long line of men and women who have been received by Him by their hand.

I pray this effort will halt government sanctioned executions by doctors of the feeble and incapacitated.

[Robert Drobot]

"....I will not discuss legal strategy...."

When did you become associated with Ferrara and company?????

[floriduh voter]

Kimmie7, please ping your list to this post or copy and paste it to your own post.

ATTENTION: If you'd like to attend rallys for Terri in the Tampa Bay Area please sign up for TERRI RALLY SIGN UP ping list by doing a post to floriduh voter.

Nothing is scheduled at this time but we'll be ready if it is.

Call Glenn Beck and ask that he have another Rally for Terri. 1-888-727-2325. BURN GLENN'S PHONE LINES.

[sfRummygirl]

You know what Robert? You are really a disturbed person. I wrote a post about the sadness of this sick family structure that is going to kill Terri, and you send a shallow post to me like you did.
I haven't written to the moderator yet about these abusive posts of yours, but but I think I will now. And I am sick and tired of getting these from you on different levels.
Talk about a miserable person. I know people in your personal life must tell you this, my God, would you listen to them please?

[MarMema]

Bay nine news

"Federal judge Richard Lazzara says he now wants Florida Attorney General Charlie Crist to represent the state's interests in the Terri Schiavo case.

The judge made the request on Tuesday as he agreed to hold a hearing Oct 10. Schiavo's parents, Bob and Mary Schindler, asked for the hearing. They want Lazzara to block a ruling that orders doctors to remove the feeding tube that has been keeping their daughter alive on Oct. 15.

The Schindlers claim Schiavo's husband, Michael, has denied Terri treatment that could help her to learn how to eat on her own. They say that's a violation of her constitutional rights.

Michael Schiavo maintains his wife wouldn't want to live in this condition. Schiavo is the Pinellas County woman who has been in what some doctors call a persistent vegetative state for more than 13 years.

[MarMema]

In the Christine Busalacchi case the Missouri attorney general was very involved and it was only when he lost the next election that her father was able to have her killed.

[MarMema]

Looks like Jason made the breathing "test" ok

"CHARLOTTESVILLE -- A brain-damaged man whose family disagreed over whether to remove his ventilator has been moved to a nursing home, nearly two weeks after the breathing tube was removed."

[sfRummygirl]

The scary part of all this is that the families get pushed aside by the hospices and doctors and courts. That's the point. Have you read any of the other stories that MarMema has put up? That might answer you.
And by the way, my family cares very much. That's why we are all outraged.

[MarMema]

"LAKELAND -- When Charlie Crist was visiting his home in St. Petersburg last January, in his first month as the state's first Republican attorney general, he learned of the plight of 17-yearold Justin Kelley of Lake Wales, who was barred from showing his pig at the Polk County Youth Fair because he was confined to a wheelchair.

Immediately, the directors of the fair received a tactful, "educational" letter from Crist explaining the federal Americans With Disabilities Act and the U.S. Constitution. They then changed their minds."

here

[Theodore R.]

It's now on the radio that Crist and his team ARE CLOSELY MONITORING ALL THE COURT CASES but haven't ruled out stepping in.

How can Crist step in? Does he have jurisdiction? Why doesn't he do something now? Waiting until after Oct. 10 is too risky, with the execution date set for Oct. 15.

If we could see the look on Michael Schiavo's face now, we would know if there is any hope for this federal filing.

[MarMema]

Crist has until October 6th, I think, to decide if he will step in.

[Theodore R.]

Now, it remains to be seen if the "mother" and "fiance" start pressuring for removal of the feeding tube, as Jason is comatose and "won't feel anything." I just wonder if the "mother" isn't a beneficiary of a life insurance policy that he may have had at his place of employment.