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New Rochelle sued by veterans group over historic flag

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This is from The Journal News.

This is the most Bravo Serria lawsuit i have heard of ever.

I bet New Rochelle allows Mexican,Cuba and Puerto Rican flags.

 

GADSDEN FLAG

                            The Gadsden Flag flies under the American flag at the former armory in New Rochelle. A veterans group is suing after the city ordered it taken down. From the SAVE the Armory Facebook page.

 

NEW ROCHELLE — A veterans group is alleging in a federal lawsuit that the city violated its free-speech rights and the state’s Open Meetings Law when a council majority decided in March to remove a “Don’t Tread on Me” flag from the city-owned former armory.

The United Veterans Memorial & Patriotic Association of New Rochelle and its president, Peter Parente, are suing the city, Mayor Noam Bramson, the city manager and four City Council members.

The lawsuit, filed July 26 in federal court in White Plains, seeks a court order permitting the association to fly the Gadsden flag and “nominal and compensatory damages.”

The yellow flag, featuring a coiled rattlesnake, was hoisted below the Stars and Stripes at the former city armory March 21. But the Democratic council majority decided to take it down about a week later, suggesting it was a Tea Party symbol.

“Contrary to defendants’ unfounded, subjective (and incorrect) belief, plaintiffs’ intended purpose in flying the Gadsden flag below the Stars and Stripes at the armory was and is not to make a statement in support of the Tea Party,” the lawsuit says.

Rather, the lawsuit says, it’s consistent with the association’s mission to “honor the veterans who have served and died for our country,” foster patriotism in the community and educate the public about the historic flag.

“It’s a slap in the face, an insult to any veteran that they would try to identify that flag with anything other than what it should be — honoring the service of our people,” said Ron Tocci, a former assemblyman and a retired Veterans Affairs commissioner.

The association is being represented by the Thomas More Law Center, a conservative Christian law group based in Ann Arbor, Mich.

City Councilman Jared Rice, who supported the flag’s removal, said Friday it was no longer an issue.

“I am focused on the daily activities of the city,” Rice said.

Bramson and Parente declined to discuss the pending lawsuit Friday.

A city lawyer did not return a call.

 

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5 self defense myths that can destroy you financially!

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This is from Second Defense.org.

The N.R.A. and Buckeye Firearms Association endorse this organization.

These are things to ponder if you carry a firearm.

 

There are many myths about the aftermath of a self defense shooting, especially when it comes to insurance, financial consequences, and law. Here are five of the most common misunderstandings that could prove devastating.

Homeowners Policies

One of the most widespread myths about self defense “coverage” is that your homeowners policy will protect you after you use a firearm for self defense. However, most homeowner liability policies contain a provision that excludes coverage for injury or damage intentionally caused by the insured. This is sometimes called the “intentional injury exclusion.”

A few policies include language for a “reasonable force” exception for “bodily injury resulting from the use of reasonable force to protect persons or property.” But this only protects you for “liability,” meaning damages in a civil case and apply only after you are acquitted or the charges are dismissed.

By law, none of these policies can provide immediate assistance for an attorney retainer, bond money, lost wages, criminal defense fees, and other potentially devastating expenses. Back to List

Self Defense Insurance

Very few insurance companies are willing to provide any kind of insurance for using a firearm, even if it is justifiable self defense. Those who claim to provide such insurance may promise to cover you after a shooting, but the reality may not match the promise. After an extensive study of available policies across the U.S., we have found that these policies …

  • May not pay anything until after an expensive trial and you are found not guilty.
  • May have low limits on payments, sometimes as low as $5,000 total (which may barely cover a lawyer’s retainer fee).
  • Offer no coverage for bail, so you may have to pay this yourself or spend considerable time in jail.
  • Offer no reimbursement for lost wages, so you may find it difficult to pay bills while you’re in court defending yourself.
  • May be a rider on another expensive policy you are forced to buy before you get any coverage.
  • May have language in the fine print that prevents any support at all because the underwriter has no experience with the realities of firearms or criminal defense law. Back to List

Umbrella Coverage

Many people think that if they buy generic liability coverage, often called an “umbrella” policy, they will be protected if they use a gun in self defense. However, it is against the law for any insurance company to insure you against illegal actions you may commit.

So if you are charged with a crime, your umbrella policy will not protect you unless charges are dropped or you are acquitted. It is possible that an umbrella policy may provide some coverage for civil liability, but since civil suits generally follow criminal suits, you are unlikely to have coverage when you need it. Back to List

Savings and Retirement

Unless you are a multimillionaire, it is unlikely that you have enough ready cash available to cover all the potential costs of criminal or civil action against you. And even if you do have IRAs or savings to dip into, will it cover all your costs?

Will it cover a huge civil damage award? Will you lose your house? What will you do if all your assets are taken from you? How will you retire? Is it right to put such a burden on your family if they must support you when you’re penniless? And to make matters worse, withdrawing funds from a retirement account can trigger IRS penalties and taxes.

For most people, relying on savings or retirement cash is a huge financial risk. Back to List

Castle Doctrine and Stand Your Ground

Legal principles put into place in recent years have made using lethal force easier to defend. But they do not remove the need to hire an attorney or give you a “get out jail free” card.

Castle Doctrine and Stand Your Ground provide a way for police and prosecutors to think about self defense that favors you, the defender, rather than your attacker. But no matter how justified you may be in using lethal force, the police will show up to investigate your use of a firearm. If you are in a jurisdiction that is “anti-gun,” you can still face arrest and prosecution requiring a robust legal defense that can cost thousands of dollars. Back to List

 

IRS Facing Lawsuit for Seizing Millions of Medical Records

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This is from Godfather Politics.

It is time for people to call and email our Congress Critters

and demand the work to abolish The IRS.

Then replace this corrupt monster with either a Flat Tax

or the Fair Tax.

I heard once the Bible contains approximately 850,000 words

The  Tax Code contains approx.8.5 million words.

 

According to a lawsuit filed by an unnamed healthcare provider, the IRS illegally seized 60 million medical records in 2011.

The IRS had obtained a search warrant to obtain the financial records of one person.  By the time IRS agents were through, they not only acquired that individual’s financial records but they also seized the medical records of 10 million US citizens.  Nothing in the warrant gave the IRS agents permission to access or seize any medical records.

A UPI report on the lawsuit stated:

“Despite knowing that these medical records were not within the scope of the warrant, defendants threatened to ‘rip’ the servers containing the medical data out of the building if IT personnel would not voluntarily hand them over.”

If proven that the medical files were seized illegally, the IRS could also be facing charges of violating medical privacy laws.  Additionally, IRS agents are accused of seizing workers’ cell phone and telephone records, which were also not covered in the search warrant.

In the lawsuit, the IRS is being charged with being invasive, unlawful and that they stole personal medical records that contained how people were being treated and the therapy they were receiving for various medical ailments.  The healthcare provider filing the suit is asking for $25,000 compensatory damages per violation.  If each medical record seized is considered a violation, which in fact it should be, that would equate to a possible $250 billion judgment.

In the past 2 weeks, we have been learning more and more about just how corrupt the IRS has become.  They operate as if they are above the law and untouchable, allowing them to do anything and bully anyone around that they want.

I believe that this is the time for someone like Sen. Rand Paul to come and push for a complete overhaul of the federal income tax system along with the IRS.  With the integrity of the IRS being challenged in multiple scandals, the time has never been riper for a push to overhaul the system.

Read more: http://godfatherpolitics.com/10904/irs-facing-lawsuit-for-seizing-millions-of-medical-records/#ixzz2Uk5Kre62

 

 

Greenbrae shooting defendant sues 90-year-old man who was shot

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This is from the Marin Independent Journal. 

Why is this lawsuit being allowed to go forward?

This scumbag should have been killed.

The lawyer filing this needs his head examined.

The judge allowing this needs to lose his job.

Greenbrae resident Jay Leone, 90, waits outside court earlier this year before testifying against his alleged shooter, Samuel Cutrufelli. At right is one of his tenants, Sara Navon, who was in the house when the shooting occurred. (IJ photo/Gary Klien)

A 90-year-old Greenbrae man who was shot in the head during an alleged burglary has been sued by the alleged burglar.

Samuel Cutrufelli, who was also shot during the incident, claims Jay Leone “negligently shot” him during the confrontation inside Leone’s home.

Cutrufelli, 31, claims Leone caused him “great bodily injury, and other financial damage, including loss of Mr. Cutrufelli’s home, and also the dissolution of Mr. Cutrufelli’s marriage.”

Cutrufelli shot Leone once in the face during the alleged burglary, and Leone returned fire, hitting Cutrufelli several times. Both men were hospitalized for an extended period after the gun battle.

Cutrufelli, whose charges include two counts of attempted

Samuel Cutrufelli appears in court on Wednesday, Oct. 3, 2012, in San Rafael, Calif. He is accused of attempted murder and burglary after allegedly exchanging gunfire with Greenbrae resident Jay Leone. (IJ photo/Frankie Frost )

murder against Leone, is near the end of his criminal trial. The negligence lawsuit was filed on his behalf by his father and his criminal defense attorney.

Leone, reached at home Tuesday, said he was unaware of the lawsuit.

“He’s the one who busted my door in,” he said. “I’ll just countersue him then. That’s what I’ll need to do.”

The incident occurred at about 10:45 a.m. Jan. 3 at Leone’s home on Via La Cumbre. Authorities said Cutrufelli entered the home, put a gun to Leone’s head, tied his hands with a belt and rummaged through his bedroom for valuables.

Leone said he was able to wriggle his hands free, then convinced the burglar to let him use the bathroom. Then he got one of the five handguns stashed in his

bathroom, sneaked back to the bedroom and spotted Cutrufelli in his closet.

 

Cutrufelli allegedly fired his gun, hitting Leone in the jaw area, and Leone fired back. Cutrufelli then wrestled his gun away, put it to Leone’s head and pulled the trigger, but no bullets were left in the gun.

When police found Cutrufelli bleeding in his car a short distance from Leone’s home, he said he had shot himself and needed medical attention, Twin Cities police said.

Cutrufelli could face life in prison if convicted of the charges. His lawyer, Sanford Troy, said Cutrufelli is a methamphetamine user, that the incident was a drug deal gone sideways, and that Leone shot him in the back when he was trying to flee.

Cutrufelli, a father of two, is a Petaluma resident with Novato roots.

 

Landmark Calif. Burger Joint Forced to Shut Down Over ADA Lawsuit

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This is from The Blaze.

Ford’s  Real Hamburgers are being forced out of business.

They are victims of a shyster lawyer and a bad law.

This shyster has filed over 2,00 ADA compliance suits.

The majority of them are on his own behalf.

The Americans With Disabilities Act is a Bad law.

The law needs to be repealed.

A decades-old Sacramento, Calif. burger joint is shutting its doors for being out of compliance with the Americans with Disabilities Act because the owner says he can’t afford to bring it up to code.

Ford’s Real Hamburgers has been slinging burgers, fries and shakes for years, but was hit hard in the recession. Now, KTXL-TV is reporting that a local attorney who makes his living filing ADA cases — many on his own behalf — is suing the restaurant — and Ford‘s can’t keep up.

“We scrimped and saved and cut down the staff. I’m down to six employees,” owner Hank Vereschzagin told KTXL.

As the station noted, Ford’s is indeed out of ADA compliance: There isn’t enough room to roll into the bathroom in a wheelchair. But Vereschzagin said he just doesn’t have the money to fix the more than 60-year-old building.

“I don’t know. I don’t know what I’m going to do next,” he said. “I just know I can’t keep this open.”

Scott Johnson, the attorney filing the suit, didn‘t comment to KTXL about the Ford’s complaint, but he did speak to the station earlier this year when he was suing a diner.

“Being a quadriplegic, there’s nothing I can do about that,” Johnson said in February. “But these businesses that have structural barriers to access, that’s frustrating.”

 

A decades-old Sacramento, Calif. burger joint is shutting its doors for being out of compliance with the Americans with Disabilities Act because the owner says he can’t afford to bring it up to code.

Ford’s Real Hamburgers has been slinging burgers, fries and shakes for years, but was hit hard in the recession. Now, KTXL-TV is reporting that a local attorney who makes his living filing ADA cases — many on his own behalf — is suing the restaurant — and Ford‘s can’t keep up.

“We scrimped and saved and cut down the staff. I’m down to six employees,” owner Hank Vereschzagin told KTXL.

As the station noted, Ford’s is indeed out of ADA compliance: There isn’t enough room to roll into the bathroom in a wheelchair. But Vereschzagin said he just doesn’t have the money to fix the more than 60-year-old building.

“I don’t know. I don’t know what I’m going to do next,” he said. “I just know I can’t keep this open.”

Scott Johnson, the attorney filing the suit, didn‘t comment to KTXL about the Ford’s complaint, but he did speak to the station earlier this year when he was suing a diner.

“Being a quadriplegic, there’s nothing I can do about that,” Johnson said in February. “But these businesses that have structural barriers to access, that’s frustrating.”

 

 

 

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