Judge scraps Katrina bridge lawsuit - She calls blockade reasonable action

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- MotherForTruth
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A federal judge has thrown out all remaining constitutional claims in a lawsuit against Gretna and Jefferson Parish law enforcement agencies for their decision to block stranded people from walking across the Crescent City Connection to the unflooded West Bank after Hurricane Katrina.
Having dismissed about 90 percent of the claims in September, U.S. District Judge Mary Ann Vial Lemmon recently rejected the rest, ending the suit filed on Katrina's first anniversary.
The plaintiffs, six individuals and a class of more than 200 Regional Transit Authority employees and their families, alleged that deputies of the Gretna Police Department and Jefferson Sheriff's Office violated their constitutional rights by firing warning shots and using excessive force while barring them from traversing the bridge to escape the flooded east bank.
In an 11-page ruling signed Dec. 17, Lemmon called the blockade a "reasonable restriction" and cited "compelling safety and welfare" considerations, including heavy vehicular traffic on the bridge and the lack of food, water and shelter on the West Bank for evacuees.
Attorneys for the defendants said the ruling vindicates Gretna Police Chief Arthur Lawson Jr. and Jefferson Parish Sheriff Newell Normand, named as a defendant after Sheriff Harry Lee died.
"The court has now unequivocally stated there were no constitutional violations or wrongdoing by Chief Lawson or any of his officers," said Franz Zibilich, an attorney for Gretna police.
"Police chiefs should have the discretion and legal authority to limit travel during extremely difficult times after catastrophes such as Katrina," Zibilich said.
Lawson said the ruling backs his contention that the controversial blockade was "the correct and rational course of action."
"We had no food or water on the West Bank. Had the evacuees been allowed to cross the bridge, they would have been in a far worse situation without any transportation to bring them anywhere," Lawson said. "If I were I faced with the same situation today, I would make the same decision."
Adele Owen, a Baton Rouge attorney for the plaintiffs, did not immediately return a call seeking comment Tuesday afternoon.
http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-16/129360781314920.xml&coll=1
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good_stuff
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Wouldn't a sign with the words "NO FOOD/SHELTER IN WEST BANK" been sufficient?
I'm just saying police should be helping/evacuating people, not shooting at them.
- 2 years ago
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good_stuff
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Swisher
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When the theater is on fire, this police chief would lock the doors to keep the poor inside?
- 2 years ago
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Swisher
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MotherForTruth
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Swisher:
I would not be surprised if this happens.
- 2 years ago
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MotherForTruth
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KSirys
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Great post Mother!
- 2 years ago
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KSirys
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MotherForTruth
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KSirys:
Thanks. I find injustice tragic.
- 2 years ago
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MotherForTruth
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KSirys
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So much for America the Great.... Now the population is last on the food chain, first the government, than the corporations, than the rich and lastly, from their golden shower of "help", the people that pay their salaries... how sad.
- 2 years ago
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KSirys
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MotherForTruth
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Here is one Romanian man stands up for his beliefs.
http://current.com/news/92886952_romanian-man-jumps-from-balcony-as-protest.htm
- 2 years ago
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MotherForTruth
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treewolf39
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MotherForTruth:
Well that was painful. More of a face-plant for a belief.
- 2 years ago
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treewolf39
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MotherForTruth
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treewolf39:
Yes it is quite radical but I bet he got a message across.
- 2 years ago
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MotherForTruth
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KSirys
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MotherForTruth:
If that would have happened here, he would have been shot and then helped...
- 2 years ago
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KSirys
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treewolf39
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MotherForTruth:
I did not get WHY he jumped.
- 2 years ago
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treewolf39
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MotherForTruth
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treewolf39:
According to the article he was protesting the government's austerity measures. He was wearing a shirt which read "You've pierced us. You've killed our children's future. Freedom."
- 2 years ago
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MotherForTruth
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MotherForTruth
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KSirys:
No he would have been called a terrorist.
- 2 years ago
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MotherForTruth
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treewolf39
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MotherForTruth:
Goodness! And they are not done by a long shot.
- 2 years ago
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treewolf39
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bailey78
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I find it to be a real shame when we treat those in a foreign land such as haiti better during and after a natural disaster than we do our own people. I believe it is time to hold our Goverment accountable for their actions.
- 2 years ago
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bailey78
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MotherForTruth
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bailey78:
I believe you are right it is time to hold our Goverment accountable.
- 2 years ago
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MotherForTruth
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bailey78
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MotherForTruth:
Just where to start is another problem. We can Vote all we want but that does not mean we will get the change we want. We can see that with who is in office now. He ran on the presumption of change. The only change I see is who is in office. So what are we to do pick up arms and get mowed down like grass by an army of our brothers and sisters? Do we start a letter writing campaign just to add to the governments waste bins?
- 2 years ago
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bailey78
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MotherForTruth
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bailey78:
You raise great questions. I sure struggle with the same. One thing for sure being idle will make our lives even worse. If each and everyone put the actions where their mouth is we would make changes. Write, call, oppose, protest. As far as voting goes, we are constantly manipulated by the media. Those who should be voted in do not get the needed attention or getting measured against irrelevant criteria.
- 2 years ago
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MotherForTruth
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bailey78
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MotherForTruth:
If we try to put into action what our mouths are saying we will be held as terrorist. That means we will be held without bail in a jail that nobody has ever heard of in a place that no one has heard of. Don't believe me go fourth and give it a try.
- 2 years ago
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bailey78
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MotherForTruth
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bailey78:
I completely agree with you. We need to work within the law, one injustice at at time.
- 2 years ago
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MotherForTruth
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bailey78
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MotherForTruth:
If It will take a life time of fighting one injustice at a time to get the Goverment to change. Then so be it where do we start? Monosonto? The banks?
- 2 years ago
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bailey78
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MotherForTruth
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bailey78:
We have to stay awake and respond to each and every issue close to your heart. Stand for your beliefs. It will take a lifetime but what choice do we have?
- 2 years ago
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MotherForTruth
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bailey78
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MotherForTruth:
We always have a choice to stand for something or fall for everything..
- 2 years ago
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bailey78
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MotherForTruth
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bailey78:
I can not agree more!
- 2 years ago
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MotherForTruth
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treewolf39
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bailey78:
You bring up a good point. To change the current situation many have to be willing to stand firm and tell the truth and then be tortured and renditioned and, You said it "Reeducated." This fact sucks but those in power ARE killers and liars.
- 2 years ago
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treewolf39
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bailey78
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treewolf39:
I believe it is time to take away that power. just how to do so is the real question.
- 2 years ago
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bailey78
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bailey78
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MotherForTruth:
Thank You :)
- 2 years ago
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bailey78
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treewolf39
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treewolf39: This comment was removed by its owner.
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treewolf39
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MotherForTruth
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treewolf39:
That's true. Nothing can be accomplished sitting on the couch.
- 2 years ago
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MotherForTruth
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treewolf39
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bailey78:
We must fill up there prisons and refuse the lies through civil disobedience. It will not be nice or easy and many will be beaten and killed just like every other time the people have stood for freedom against fascism and dictators. Civil rights claimed many lives but slowly conciseness is changing and the old racists are dying off.
- 2 years ago
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treewolf39
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bailey78
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treewolf39:
The prisons are full but with the wrong people. Nothing worth having is ever easy. When we make a stand againest them We will not only be fighting the Goverment but our brothers and sisters that have sworn to protect them. I do not blame them they are only doing what they have been programed to do. To fight them on their terms is to lose. When the time comes we will know to make a stand if not for our freedom then for our future and the future of our children.
- 2 years ago
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bailey78
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artemis6
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bailey78:
I think we should start by giving time limits on the life of corporations , they need to die , BEFORE they take over the world . They are immortal now , so they can spend generations sucking power from the masses . They are like a cancer cell , that does not die as it should .
- 2 years ago
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artemis6
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bailey78
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artemis6:
that would be a good start. Now how do we get that started??
- 2 years ago
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bailey78
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artemis6
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bailey78:
Massive protesting and boycotts of one corporation at a time . Focus like a lazer ...... And boycott till it is dead .
- 2 years ago
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artemis6
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bailey78
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artemis6:
Kind of like me boycotting Wal-Mart it don't do much good but it makes me feel better about myself. So who is next on the list to Boycott?
- 2 years ago
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bailey78
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MotherForTruth
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Where is the equal protection under the law? Where is impartial media? Where is America I love?
- 2 years ago
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MotherForTruth
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bailey78
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MotherForTruth:
cowering in the shadows in fear of being sent to guantanamo bay for reeducation.
- 2 years ago
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bailey78
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MotherForTruth
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bailey78:
I sure am in fear of my government.
- 2 years ago
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MotherForTruth
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bailey78
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MotherForTruth:
as we all are. Those that say they are not in fear of our goverment either they are lieing or they are fools.
- 2 years ago
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bailey78
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MotherForTruth
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bailey78:
So true, and we have many fools in America.
- 2 years ago
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MotherForTruth
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lifestudentno83
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Outrageous. Justice was not served here, but rather serviced to an inhumane action. You don't turn away people back into a flood, you welcome them with open arms whether or not you have the food or shelter to give. I thought that's what American people were about- brotherhood and neighborly good will for all men. The police officers stifled that notion, and the courts justified it. Both are wrong and we should be up in arms about it.
- 2 years ago
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lifestudentno83
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CitizenHill
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It does depend on how reasonable is defined and who is making that "judge"ment doesn't it?
- 2 years ago
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CitizenHill
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MotherForTruth
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CitizenHill:
Here is how I define it, would the judge call it reasonable to send her own family back to flooded area?
- 2 years ago
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MotherForTruth
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CitizenHill
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MotherForTruth:
Yes, that does give pause to wonder, doesn't it?
- 2 years ago
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CitizenHill
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MotherForTruth
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CitizenHill:
Sure does.
- 2 years ago
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MotherForTruth
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artemis6
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This is an outrage ! What a horrid person that judge is !
- 2 years ago
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artemis6
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2hellnwait
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Those who control the law, make the rules . . especially if they have guns
- 2 years ago
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2hellnwait
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artemis6
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2hellnwait:
That don't make 'em right !
- 2 years ago
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artemis6
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2hellnwait
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artemis6:
Yes, that is true
- 2 years ago
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2hellnwait
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dalistuff
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And all this time I thought I lived in the "UNITED STATES". This is plain close minded Southern stupidity.
- 2 years ago
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dalistuff
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MotherForTruth
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dalistuff:
Our judicial system is broken all across US not just South.
- 2 years ago
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MotherForTruth
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bailey78
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dalistuff:
That comment is closed minded.
- 2 years ago
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bailey78
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cons_Objector
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this is disgusting, Mary Ann Vial Lemmon is gonna burn down under for this
- 2 years ago
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cons_Objector
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JanforGore
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"In an 11-page ruling signed Dec. 17, Lemmon called the blockade a "reasonable restriction" and cited "compelling safety and welfare" considerations, including heavy vehicular traffic on the bridge and the lack of food, water and shelter on the West Bank for evacuees."
I would think that there would be more outrage on the part of the federal judge as to why there was no food, water or shelter on the West Bank. I think that is a lame excuse as to me it appears their lives were in imminent danger where they were where I am sure they also had no food, water or shelter. What a disgrace.
- 2 years ago
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JanforGore
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gepma44
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RACISM LIVES .....justifiable homocide look at the preponderous amount of killings of black people by law enforcement ....GOD dont like ugly one day white america will be brought to her knees and made to pay......dearly.....ps this has nothing to do with religion and everything to do with right and wrong....the chickens will come home to roost
- 2 years ago
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gepma44
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regjoeschmo
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this is what a police state looks like.....
- 2 years ago
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regjoeschmo
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MotherForTruth
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regjoeschmo:
Sure does. Now what?
- 2 years ago
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MotherForTruth
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Incredulous
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Page 2 of the article:
In addition to rejecting the claims of constitutional violations, Lemmon dismissed several alleged violations of state law, including false imprisonment, intentional infliction of emotional distress, assault and battery. The plaintiffs can refile those claims in state court. The ruling comes in the last of four cases filed in federal court that stem from the Sept. 1, 2005, decision by Gretna, Jefferson Parish and Crescent City Connection police to prevent pedestrians from using the bridge. The other cases were dismissed, and the Sheriffs' Office settled with an Algiers family for $10,000. At least one lawsuit related to the bridge blockade remains in New Orleans Civil District Court.
The plaintiffs in the case Lemmon dismissed alleged that law enforcement officers used racial slurs, fired warning shots over their heads, pressed loaded guns against their bodies and placed them in headlocks and chokeholds, violating multiple constitutional rights. Lemmon threw out the vast majority of the claims Sept. 17. Her latest ruling dismissed alleged violations of Fourth Amendment protections against unreasonable searches and seizures, concluding the blockade did not amount to an "unreasonable restraint of liberty."
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Paul Rioux who wrote this article can be reached at prioux@timespicayune.com or 504.826.3785. - 2 years ago
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Incredulous
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Incredulous
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Incredulous:
"Police chiefs should have the discretion and legal authority to limit travel during extremely difficult times after catastrophes such as Katrina," Zibilich said.
Sounds good on paper, wonder how the writers of the CONSTITUTION could have possibly missed including that.....
the implications are worth thinking about.
- 2 years ago
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Incredulous
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MotherForTruth
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Incredulous:
Thanks fro more info.
- 2 years ago
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MotherForTruth
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remanns
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Incredulous:
+^d.
One one hand, it was a 'human nature" type response,....on the other hand, agents of the LAW should NOT have the constitutional authority to DO THAT under the law.
I think that OTHER HAND has the stronger case.
- 2 years ago
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remanns
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Itsbatman_Durr
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wow i am so mixed on this one. i do feel that authorities should have the ability to take charge of a situation in cases such as this, for logistics purposes alone, but to tell people in a flooded area they cannot evacuate to a non flooded area is inhumane seeming. I guess without being there and knowing the full circumstances, i really don't know what to feel.
- 2 years ago
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Itsbatman_Durr
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treewolf39
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Itsbatman_Durr:
Solid comment! +^'d
- 2 years ago
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treewolf39
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Incredulous
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Itsbatman_Durr:
yes you do...you are supposed to be pissed off and produce a credible rant...this is current! ;-)
- 2 years ago
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Incredulous
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Itsbatman_Durr
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Incredulous:
lol ok then! those dirty so and so's need to do more of (fill in the blank) while not taking my (insert generic thing here)! I am flabbergasted at the behavior of these (insert derogatory term here) and if things dont shape up the way our fore (inserter gender unbiased term here) planned i am moving to (insert neutral sounding country here)
- 2 years ago
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Itsbatman_Durr
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Incredulous
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treewolf39:
luv you tw, but disagree....wishy-washy comment...and they count on people not knowing the facts and not getting as mad as they really should when they intentionally let 5 years transpire before they deny any wrongdoing. The people who were blocked from crossing that bridge were screwed, royally screwed.
- 2 years ago
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Incredulous
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Incredulous
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Itsbatman_Durr:
I knew you had it in you!
- 2 years ago
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Incredulous
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treewolf39
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Incredulous:
Why I agree with and stand by my comment is, "We weren't there." I know there was a horrible misappropriation of force. Time to appeal to a higher court. When that fails; then can we have the revolution?
- 2 years ago
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treewolf39
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MotherForTruth
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Itsbatman_Durr:
Wonder if the authorities would send their own families back to flooded zone?
- 2 years ago
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MotherForTruth
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MotherForTruth
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Itsbatman_Durr:
Good job ranting, lol. Step two, please pick up the phone an d call these authorities!
- 2 years ago
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MotherForTruth
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Incredulous
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treewolf39:
I think we are already having the revolution...it just doesn't look the way anyone expected it to look....kind of like the way this nation found its freedom the first time around. The British came marching in, loud and loyal to the crown in their linear fashion, with their bright red coats and shiny brass buttons, and, well, the revolutionaries kind of blended in with the environment...dumb ass British were so addicted to form, they never saw the enemy until it was too late...
oh wait, we have the Patriot Act, we can't have a revolution. hee hee
- 2 years ago
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Incredulous
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artemis6
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Incredulous:
Oh yeah ? ; )
- 2 years ago
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artemis6