lawsuit – The Philadelphia Observer https://philadelphiaobserver.com Just another WordPress site Fri, 01 Nov 2024 19:25:02 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 Family Files Federal Lawsuit After San Francisco Man Tased in Water, Now Unresponsive https://philadelphiaobserver.com/family-files-federal-lawsuit-after-san-francisco-man-tased-in-water-now-unresponsive/ https://philadelphiaobserver.com/family-files-federal-lawsuit-after-san-francisco-man-tased-in-water-now-unresponsive/#respond Fri, 01 Nov 2024 19:24:57 +0000 https://philadelphiaobserver.com/?p=6389

The family of Deontae Faison, a San Francisco man who remains unresponsive months after being tased while struggling in the water, has filed a federal civil rights lawsuit against the East Bay Park District officers involved. The incident, which occurred in April at Martin Luther King Jr. Regional Shoreline Park in Oakland, has sparked outrage as Faison’s family alleges the officers violated district policy and failed to provide crucial assistance as he called for help.

According to the lawsuit, the incident began when an officer approached Faison, 35, and a friend regarding expired vehicle tags. Faison, feeling singled out compared to his white friend, gave a false name, leading to an escalation when more officers arrived. Attempting to avoid further confrontation, Faison fled toward the water, where he was subsequently tased from behind, reportedly against district policy on taser use near water.

The complaint details a troubling series of events, including allegations that officers failed to call emergency responders or take witness statements. The lawsuit also claims that officers misrepresented the situation by falsely suggesting Faison was armed, deactivated body camera audio, and discarded his belongings. For over half an hour, Faison was left struggling in the water as officers allegedly stood by without intervention.

Faison’s attorney, Jamir Davis, condemned the officers’ actions as an “unforgivable” display of callousness. “The level of disregard shown by the officers who watched Deontae call for help without aiding him is beyond comprehension,” Davis stated, emphasizing that the family is seeking accountability for what they describe as a “senseless” tragedy.

The incident has left Faison, a father of two, in critical condition. He remains unresponsive in a hospital, with his family and attorneys pursuing justice amid growing questions about the officers’ handling of the case and allegations of racial bias.

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‘Never Be the Same’: Mississippi Woman Shot In the Head As Initially ‘Compliant’ Driver Tried to ‘Escape Constant Firing of Bullets’ from Police, Files Lawsuit https://philadelphiaobserver.com/never-be-the-same-mississippi-woman-shot-in-the-head-as-initially-compliant-driver-tried-to-escape-constant-firing-of-bullets-from-police-files/ Tue, 02 Jan 2024 13:08:01 +0000 https://philadelphiaobserver.com/?p=5583

A Black passenger who was shot in the head by members of the Capitol Police in Jackson, Mississippi, during a traffic stop has filed a federal lawsuit. The excessive force complaint was filed in the U.S. Southern District of Mississippi on Dec. 20.

According to the lawsuit, Sherita Harris was shot in the head on Aug. 14, 2022, after Officers Michael Rhinewalt and Jeffery Walker shot into the vehicle she was riding in near State Street / Highway 51 in downtown Jackson.

Sherita Harris
Sherita Harris was shot in the head by officers from the Mississippi Capital Police Department on August 14, 2022. (Photo: 16 WAPT News Jackson screenshot / YouTube)

Harris and the driver of the vehicle were at a traffic light near the intersection of State and Amite when Rhinewalt and Walker pulled up behind them in a police cruiser.

After the light turned green, Walker “immediately” turned on the emergency lights of the cruiser as he demanded the vehicle pull over, according to the complaint.

The claim further states that after the driver complied and pulled over, Rhinewalt began shooting into the vehicle in short order, prompting the driver to try to flee.

“The vehicle complied with Defendant Walker’s commands,” Harris’ attorneys say. “Shortly thereafter, Defendant Rhinewalt began to shoot into the vehicle. The driver of the vehicle attempted to drive away from Defendants Walker and Rhinewalt to escape the constant firing of bullets.”

Source: ‘Never Be the Same’: Mississippi Woman Shot In the Head As Initially ‘Compliant’ Driver Tried to ‘Escape Constant Firing of Bullets’ from Police, Files Lawsuit

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Former employees file lawsuit against Buffalo Fire Department alleging racism, ageism https://philadelphiaobserver.com/former-employees-file-lawsuit-against-buffalo-fire-department-alleging-racism-ageism/ Mon, 18 Sep 2023 12:33:57 +0000 https://philadelphiaobserver.com/?p=5256 *BUNNELL, Florida ( WESH ) — On Thursday morning, it was announced that the principal of Bunnell Elementary had resigned. Principal Donelle Evensen’s resignation comes following a wave of controversy surrounding an assembly where Black children were singled out. The students were called into assemblies, only Black fourth and fifth graders, and shown a PowerPoint. This page was called the problem:Two Black truckers allege they were discriminated against at a South Dakota Denny’s during a rest stop. They claim not only did the waitress not serve them, but she called the police and had them removed. A video of the incident captured by one of the men showed the white woman had another waitress ask the men to leave. In their opinion, the footage showed how the woman sought to criminalize themThree former recruits have filed a lawsuit against the Buffalo Fire Department, alleging they experienced discrimination because of their race, ethnicity or age.

The trio – a Hispanic man, a Polish man in his 40s, and a Black man who said a fellow firefighter called him a racial slur – have joined several other firefighters nationwide in their efforts to speak out against inequality.

According to WIVB News, former Buffalo Fire Deputy Commissioner Shannon Street backs the men’s bias claims. In an affidavit, Street swore he was demoted from deputy commissioner to his civil service rank of captain after bringing several instances of racial and gender prejudice and political favoritism to the attention of Buffalo’s Black mayor, Byron Brown, who appointed him in 2018.

Three former recruits have filed a lawsuit against the Buffalo Fire Department, alleging they were subjected to racism and ageism during their time there. (Photo: Screenshot/YouTube.com/WGRZ-TV)

Street says he finished out his career as a captain “and promptly retired.”

“Throughout my career, I have observed systemic racism and politicization at the BFD Academy, which is charged with the training of new cadets,” Street wrote, WIVB reported. “I have observed great preference being shown to people with family ties to the BFD, and worthy candidates drummed out of the Academy who were minorities and women and who were not politically connected.”

Source: Former employees file lawsuit against Buffalo Fire Department alleging racism, ageism

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Jury Finds McDonald’s Liable In Lawsuit After Florida Parents Claim 4-Year-Old Daughter Was Burned By ‘Dangerously Hot’ Chicken Nuggets That Left Her Thigh ‘Disfigured and Scarred’ https://philadelphiaobserver.com/jury-finds-mcdonalds-liable-in-lawsuit-after-florida-parents-claim-4-year-old-daughter-was-burned-by-dangerously-hot-chicken-nuggets-that-left-her-thigh-disfigured/ Wed, 17 May 2023 15:06:52 +0000 https://philadelphiaobserver.com/?p=4920 A jury returned a split verdict after Florida parents sued McDonald’s because their 4-year-old daughter was burned by what they described as an “unreasonably” hot chicken nugget.

Philana Holmes said she ordered her son and daughter two six-piece chicken nugget Happy Meals from a McDonald’s drive-thru in Broward County in August 2019. The employee handed her the Happy Meal box but failed to warn her the food was hot. Her daughter dropped one of the nuggets while they were driving. Holmes said the nugget got stuck between her daughter’s thigh and the vehicle’s seat belt.Philana Holmes receiving the food from the McDonald’s drive-thru (left); Burn marks on Olivia’s leg (right). (Photos: Local 10 News/ YouTube screenshots)

She said that her daughter started to scream in the back seat, but Holmes didn’t realize why she was screaming until she was able to pull over in a nearby parking lot. Holmes said that is when she discovered the burn marks on her daughter’s inner thigh.

Holmes and the father Humberto Caraballo Estevez sued McDonald’s and its franchisee operator Upchurch Foods for $15,000 on grounds that they failed to warn them that the food was “unfit for human handling — let alone consumption,” according to the lawsuit.

“The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot … and caused (the victim)’s skin and flesh around her thighs to burn,” the lawsuit stated.

A jury found that McDonald’s and UpChurch Foods failed to provide instructions for the food that would have prevented the second-degree burns.

Fischer Redavid law firm, the family’s attorneys, released a statement on Thursday evening after the jury’s decision in court.

“Today, a jury of reasonable and measured members of our community rendered a verdict that reflected the truth, the facts, and the law. We don’t view this as a ‘split verdict.’ Two defendants went to trial, denying liability. A jury found both liable.”

The law firm also added that jurors “selected the theories of liability that the facts and law fit best in their minds.”

“This is full justice for Olivia,” said the firm said about the little girl.

McDonald’s has also been sued in the past for serving hot coffee that burned customers in their drive-thrus. The most famous hot coffee lawsuit came in the 1990s when a jury rewarded Stella Liebeck $2.9 million for severe burns she suffered when her McDonald’s coffee spilled into her lap after a drive-thru purchase at a New Mexico restaurant.

“This is not the infamous Hot Coffee case; this is Olivia’s case,” the firm’s statement reads. “She’s an adorable, innocent child who was severely burned through no fault of her own.”

Source: Jury Finds McDonald’s Liable In Lawsuit After Florida Parents Claim 4-Year-Old Daughter Was Burned By ‘Dangerously Hot’ Chicken Nuggets That Left Her Thigh ‘Disfigured and Scarred’

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Tulsa massacre survivors file lawsuit against city https://philadelphiaobserver.com/tulsa-massacre-survivors-file-lawsuit-against-city/ Fri, 04 Sep 2020 21:22:21 +0000 http://philadelphiaobserver.com/?p=1505

 

 

The lawsuit against Tulsa alleges that the city has appropriated the massacre

This week, survivors of the Tulsa massacre and the descendants of the victims have filed a lawsuit against the city, stating that it is time they finally receive compensation for the losses they endured.

 

Migrants are abandoned at sea by the Greek government

 

A hundred years ago, Greenwood was a thriving business district in Tulsa with over 40 blocks of restaurants, hotels and theaters owned and run by Black business owners.

However, in 1921, the Black entrepreneurship mecca was violently destroyed by an angry white mob after armed Black Tulsans trying to save a man from being lynched, confronted them.

Now all these generations later, Greenwood is now only half a block. Lawyers for the plaintiffs in this new case argue that Tulsa officials shamelessly appropriated the massacre and then tried to turn what little is left of the district into a tourist destination.

Source: Tulsa massacre survivors file lawsuit against city

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Parents of Elijah McClain sue Colorado police over his death https://philadelphiaobserver.com/parents-of-elijah-mcclain-sue-colorado-police-over-his-death/ Fri, 14 Aug 2020 03:07:06 +0000 http://philadelphiaobserver.com/?p=1437

With the federal civil rights lawsuit, the McClain family said they were seeking accountability for the loss of a ‘beautiful soul’

DENVER (AP) — The parents of Elijah McClain, a 23-year-old Black man who died after officers in suburban Denver stopped him on the street last year and put him in a chokehold, sued police and medical officials Tuesday.

With the federal civil rights lawsuit, the McClain family said they were seeking both accountability for the loss of a “beautiful soul” and to send a message that “racism and brutality have no place in American law enforcement.”

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“We have filed this civil rights lawsuit to demand justice for Elijah McClain, to hold accountable the Aurora officials, police officers, and paramedics responsible for his murder, and to force the City of Aurora to change its longstanding pattern of brutal and racist policing,” the family said in a statement released by their attorney.

McClain was stopped by three white officers on Aug. 24, 2019, while they responded to a call about a suspicious person wearing a ski mask and waving his arms. Police put him in a chokehold, and paramedics gave him 500 milligrams of ketamine to calm him down.

McClain suffered cardiac arrest, was later declared brain dead and taken off life support several days later.

The lawsuit claims one officer jammed his knee into McClain’s arm “with the sole purpose of inflicting pain by forcefully separating Elijah’s bicep and triceps muscles.”

Source: Parents of Elijah McClain sue Colorado police over his death

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Lawsuit for black media inclusion to be heard by US Supreme Court Nov. 13 https://philadelphiaobserver.com/lawsuit-for-black-media-inclusion-to-be-heard-by-us-supreme-court-nov-13/ Fri, 08 Nov 2019 15:20:22 +0000 http://philadelphiaobserver.com/?p=229

By Barrington M. Salmon (TriceEdneyWire.com) – 

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  In the 26 years that he’s been building his media empire, comedian and businessman Byron Allen has seen first-hand the panoply of ways that African-American and non-white media entrepreneurs have been shut out of the game by their powerful White counterparts and other gatekeepers.

  Allen, 58, a respected global business leader, sits atop a burgeoning media giant, Entertainment Studios, which includes nine digital cable networks, 43 syndicated TV shows, 21 regional sports networks, The Grio, the Weather Channel – which he bought for $300 million – and other media properties said to value about $1 billion.

  Despite his successes, Allen, in his lawsuit, argues that Comcast refused to carry any of his company’s channels because of his race. He filed suit in 2015 after being approached by Obama administration officials which asked if Comcast and Charter Communications were good corporate citizens.

  “I didn’t just tell them no, I said hell no,” Allen has recounted in numerous interviews. “They said how do you figure? Well, the industry spends $70 billion in licensing cable networks. $70 billion and African American-owned media get zero. And that’s not fair. They said we hear that a lot. They asked what I’m willing to do. They said people were afraid to speak up because of repercussions and I said I’ll speak up and do it in a way that it wouldn’t be a problem again. So, I filed a lawsuit.”

  Allen sued Comcast in federal court for $20 billion and Charter Communications for $10 billion. Judges on the Ninth Circuit Court of Appeals siding with him twice; that’s when Comcast petitioned to Supreme Court. Justices will hear the case on November 13, 2019.

  All he seeks, Allen has said repeatedly, is economic inclusion, a chance to sit at the table and have an influential in determining the narrative and controlling the images that Black people see on their TV screens, tablets, cell phones or other devices.

  “Comcast, which makes billions of dollars annually from African-American subscribers, has taken the position that a plaintiff must show that racial discrimination was the only, 100 percent “but for” reason not to do business with African Americans,” Allen said in an August 20 guest column in Deadline. “In other words, Comcast argues that an African American-owned business must show not only that the defendant considered race (which the statute forbids), but that the professed, hypothetical race-neutral reasons that could have motivated the defendant are false.”

  He said he is concerned that if the Supreme Court favors Comcast, the impact will make it much harder for him and 100 million other Americans to secure economic inclusion now or in the future.

  Allen, chairman, founder and CEO of Entertainment Studios notes in his lawsuit the importance of Section 1981 of the Act, which says that all people should have “the same right … to make and enforce contracts … as is enjoyed by white citizens.”

  He has expressed confidence that he’ll win in the Supreme Court but the decision by the Trump administration’s Department of Justice to file an amicus (friend of the court) brief in support of Comcast and their reasoning for doing so has raised the stakes considerably and ratcheted up concerns by Civil Rights organizations, legal scholars and other interested parties of the potential harm to African Americans and others who have been protected by this law for the past 153 years.

  “This is an extremely consequential case. This law was the first action the nation took to give Black people access to economic power,” said political commentator and author Dr. Avis Jones-DeWeever. “A White supremacist organization and the DOJ – which has inserted itself into this this case – wrote a brief that would kill our ability to fight discrimination.”

  “It’s a big deal. The extent to which we can put pressure on Comcast, we must do so, so they agree to settle the case.”

  Cori Harvey, a Florida-based attorney who specializes in business law, economics and entrepreneurship, said the case could be consequential.

  “This could represent a significant lowering of the barrier to justice,” Harvey told Trice Edney News Wire. “It’s a fundamental question of who has access to legal recourse. The defendant has information needed such as if anything happened in emails, correspondence, etc. The plaintiff is in the dark. There’s power in darkness in shielding the defendant.”

  “This represents a redistribution of power from the plaintiff to the defendant. He’ll be able to get access to emails, correspondence … this forces them (Comcast) to deliver into the public sphere information previously hidden. The Ninth Circuit gave Mr. Allen a shot. It forces Comcast to open secret chambers. That doesn’t happen too often. The ability to shield and hide equals power. This leaves Comcast exposed and vulnerable.”

  Comcast officials have dismissed Mr. Allen’s claims, saying race had nothing to do with rejecting Allen’s channels, noting that they had low ratings and were of low quality. Comcast spokesperson Sena Fitzmaurice responding to a reporter’s query said: “This case arises from a frivolous discrimination claim that cannot detract from Comcast’s strong civil rights and diversity record or our outstanding record of supporting and fostering diverse programming from African American-owned channels. We have been forced to appeal this decision to defend against a meritless $20 billion claim but have kept our argument narrowly focused. We are not seeking to roll back the civil rights laws – all we are asking is that the court apply Section 1981 in our case the same way it has been interpreted for decades across the country.”

  A slew of Civil Rights organizations, the National Association of Black Journalists, presidential candidates Sens. Kamala Harris and Cory Booker, plus eight of the 55 members of the Congressional Black Caucus, have signed on as friends of the court.

  Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, said on Twitter “Section 1981 of the Civil Rights Act of 1866 is literally one of the nation’s oldest civil rights statutes. We are proud to stand with @NAACP@NAACP_LDF & @civilrightsorg in calling on the #SCOTUS to reject Comcast’s attempt to cut the heart of this historic law. @LawyersComm.”

  Clarke described the case elsewhere as “the most important civil rights case to be heard by the Supreme Court in term. A negative ruling stands to all but shut the courthouse door on a vast number of victims of discrimination all across the country.”

  Los Angeles Urban League President and CEO Michael Lawson said what Comcast is doing is a clear violation of a clear violation of the 1866 act which prohibits racial   discrimination in business dealings.

  “We are appalled by your decision to challenge and destroy the federal civil rights statute of 1866 in the U.S. Supreme Court and do so in partnership with the Trump Administration’s Department of Justice,” Lawson said in a recent letter sent to Comcast chairman Brian Roberts and senior executive vice president David Cohen. “If you choose to continue your attempt to eviscerate this civil rights law, we will have no choice but to call for a boycott of everything Comcast, effective immediately.”

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