Category Archives: Law

Wake-up and break off the spell of the Leviathan —George Boston Rhynes

This comment from George Boston Rhynes arrived just now, on “Talk to my chairman”. -jsq
I was at the last LOWNDES COUNTY BOARD OF COMMISSIONERS MEETING when Chairman Ashley Paulk shared information about the Biomass Project extension being denied and the alleged secrecy surrounding keeping the general public ignorant.
“Because certain people won’t share with you and I think it’s unfair. We were approached about three weeks ago, Mr. (Joe) Pritchard (County Manager) was, by the Industrial Authority, and we were tentatively asked to make a move to ask that they not extend the contract.” (Chairman Paulk!)
Chairman Paulk words prove that there is an apparent pattern and practice
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Runaround —Leigh Touchton

Leigh Touchton responded to Valdosta Mayor John Fretti’s response to her previous post. -jsq
Happy Birthday, Mayor Fretti, and thank you for posting publicly.

However, I wish you would stop trying to pass Mayor and Council’s portion of responsibility for the biomass incinerator to the Industrial Authority. I delivered a letter to Mayor and Council Thursday night outlining 10 reasons your Utilities Director can legitimately give when he (hopefully) follows Mayor and Council’s recommendation to refuse to sell gray water to the proposed biomass incinerator. I and many other citizens are tired of the run-around and the shifting of responsibility for this “biomess” from one public official or group to another.

A councilmember told me that Council would never vote

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Touchton v. City of Valdosta, Georgia, et al.

Mayor Fretti mentioned a lawsuit against him and the city of Valdosta that was dismissed. Court records on that are available.

According to Justia.com Dockets & Filings, Catherine Leigh Touchton filed a federal civil rights lawsuit 30 May 2007 against John Fretti and the City of Valdosta Georgia Middle District Court, On 17 April 2009:

Court Opinion or Order ORDER directing judgment for defendants on federal law claims. State law claims are dismissed without prejudice. Ordered by Judge Hugh Lawson on 4/17/2009.
A dozen similar lawsuits were filed the same day by Karen Camion, Faye Chachere, Jesse Clark, Callie Fielden, Reggie Griffin, Kathryn Harris, Willie Head, Joann Mosley, George Rhynes, Willie Roberson, Floyd Rose, and Mary Sherman. All appear to have had the same result.

Access to related documents is available by registering with PACER. They don’t charge until a user runs up a minimum amount of usage.

-jsq

2005 arrests in Valdosta City Council meeting unconstitutional —Georgia Supreme Court

Some of the events the person posting as John J. Fretti described are elaborated on in this newspaper report. -jsq

Kelli Hernandez wrote 1 May 2006 in the VDT, Court rules arrests unconstitutional: Case involves 15 citizens arrested and charged with disrupting a lawful meeting

The case originally surfaced after 15 Valdosta citizens were arrested and charged with violating statute 16-11-34 (a), which provides “a person who recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gathering or procession is guilty of a misdemeanor.” Charges came after the group allegedly disrupted a Valdosta city council meeting in May 2005. Calle Fielden and Leigh Touchton, two of those arrested, appealed to the courts on the grounds that the statute under which the citizens were charged was unconstitutionally vague and broad.

On April 21, 2005, Rev. Floyd Rose addressed the council

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Self-executing mode —John Fretti

Someone posting as Mayor John Fretti of Valdosta responded in a comment to Leigh Touchton. Mayor Fretti, please point us to where on the web is the video you mention. -jsq
Update 12:13 AM 23 April 2011: Mayor Fretti confirms (through three different channels) that this post was by him:
THat was my post. an attempt to reach out and help explain a few things. the video, as was al evidence in the case was exchanged durig the discovery part of the motion. the video should be with that.
I have asked him whether an open records request would produce the video. Back to the original post. -jsq
With all due respect to Leigh’s version of the arrest – and it is all on video, it happened in the end by way of self – executing mode. After repeated requests for the group to relinquish the podium and rose stating each time that they will not and we “must do what we have to do”. the Mayor asked if there was any objection from Council or city manager or attorney if WE allow Chief Frank Simons to approach the crowd and do what he sees necessary to allow the meeting to continue efficiently and effectively. There was some discussion and then John Fason (Cmdr.) asked if anyone wants to go to jail – to follow him. and they all did – no cuffs, no restraints. Peacefully. That’s it. and all on video for all to see. With respect to the charges filed, they were old STATE charges and were ruled out as overbroad and (something else). That was fine. There was an appeal by the solicitor General and again the old STATE laws were ruled overbroad and (something else). as they should have been. We have our own local laws and ordinances now that have been tested strong in court.

and now here it the Paul Harvey moment…

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FBI investigating CCA “Gladiator School”

Rebecca Boone wrote for AP, 30 November 2010 that Video release prompts FBI prison investigation: Critics claim the privately run Idaho Correctional Center uses inmate-on-inmate violence

Jessie L. Bonner / AP file


Former inmate Hanni Elabed is shown during a July 26 interview in Boise, Idaho. Elabed suffered brain damage and persistent short-term memory loss after he was beaten by another inmate while multiple guards watched at the Idaho prison operated by Corrections Corporation of America.

The surveillance video from the overhead cameras shows Hanni Elabed being beaten by a fellow inmate in an Idaho prison, managing to bang on a prison guard station window, pleading for help. Behind the glass, correctional officers look on, but no one intervenes when Elabed is knocked unconscious.

No one steps into the cellblock when the attacker sits down to rest, and no one stops him when he resumes the beating.

Videos of the attack obtained by The Associated Press show officers watching the beating for several minutes. The footage is a key piece of evidence for critics who claim the privately run Idaho Correctional Center uses inmate-on-inmate violence to force prisoners to snitch on their cellmates or risk being moved to extremely violent units.

On Tuesday, hours after the AP published the video, the top federal prosecutor in Idaho told the AP that the FBI has been investigating whether guards violated the civil rights of inmates at the prison, which is run by the Corrections Corporation of America.

What is the inmates’ nickname for this CCA-run prison? Gladiator school.

There is a lot more in the article.

-jsq

Equal opportunity criticizer —John S. Quarterman

Leigh Touchton remarked:
…apparently Yost thinks your criticism of people not staying is something he can use to good effect to nullify the need to publicly address citizen complaints.
Well, good luck to him: it doesn’t seem to be working that way.

I think I’m an equal opportunity criticizer. Remember I pointed out that the council is not a law enforcement body and gave a recent example of that. And I pointed out that the mayor of little old Gretna put out a proclamation saying no biomass and the great city of Valdosta could go ahead and do that instead of waiting for somebody else to make the decision for them. And yes, I criticized the protesters for not staying. I’m not surprised various people choose to ignore part of what I said and pick up on other parts; life’s like that.

I understand that some people don’t like to take a strong position in public. Clearly not everybody has to be an advocate for or against any given topic.

However, my opinion is that anybody who runs for elected office should be willing to say in public what their opinion is. Sure, sometimes it’s good to say “I’m thinking about it” or “I’m studying it” or even better “I’d like to know more about X”: that could promote a dialog. Even “I’m working on it behind the scenes” would be a useful public statement. But elected officials refusing to take any position is ridiculous, and I see nothing wrong with laughing out loud at the ridiculous.

-jsq

What will you do? —John S. Quarterman @ VCC 7 April 2011

I wanted to know what the council and the protesters will do when the biomass plant is canceled. I still want to know: what will you do?

Here’s the video, followed by my points.


What will you do? —John S. Quarterman @ VCC 7 April 2011
Regular monthly meeting of the Valdosta City Council (VCC),
Valdosta, Lowndes County, Georgia, 7 April 2011,
Videos by Gretchen Quarterman for LAKE, the Lowndes Area Knowledge Exchange.

Before I started, the mayor noted that many people needed to go to an event at 7PM (he didn’t name it, but it was the 100 Black Men Annual Dinner.) He offered to proceed with scheduled business and re-open Citizens to be Heard at the end of the meeting. Nobody objected. I had already waited until nobody else seemed to want to speak.

My points: Continue reading →

Prison conditions lawsuit against CCA revived

Sheila Burke writes for AP that Appeals court revives lawsuit over dirty TN inmate:
A federal appeals court is allowing a lawsuit to go forward that claims that an inmate at a privately run Nashville jail was denied mental health treatment and did not shower or leave his cell for nine months.

Mary Braswell sued Corrections Corporation of America in 2008, accusing the prison operator of treating her grandson inhumanely and violating his constitutional rights.

She claimed that Frank Horton was mentally ill and deteriorated severely while he was locked up for a non-violent probation violation.

But hey, CCA’s stock is up!

-jsq

To the Armed Forces of Mexico —Javier Sicilia

50,000 people marched in Cuernavaca 6 April 2011 to the gates of a military base, where the usual military guards were nowhere to be seen. Then a poet, whose son had recently been killed by the drug war, climbed up and said:
To the Armed Forces of Mexico
You have always been the custodians of peace for our nation
That’s why we never want to see you again,
outside of your barracks,
except to defend us from foreign invasion,
or to help us, as you always have, during natural disasters.

What does this have to do with us? We don’t need a private prison; we need an end to the War on Drugs that fills our prisons with more prisoners total and per capita than any other nation on earth.

Todos somos Sicilia.

-jsq