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Newark fire director accused of racial discrimination, creating public safety risk, lawsuit says

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.nj.com

An arson investigator with the Newark Fire Department has filed a lawsuit against the city and Fire Director James Stewart, alleging he suffered racial discrimination and retaliation.Robert Sciarrino/The Star-Ledger 

NEWARK — A nearly 30-year member of the Newark Fire Department claims in a new lawsuit that he suffered racial discrimination as well as retaliation for reporting alleged misconduct by the city’s fire director.

As part of that harassment, Ramon Irizarry, currently an arson investigator, alleges city officials created a public safety risk by denying him a service weapon.

“It’s not only discriminatory. It’s downright dangerous,” said Edward Nolan, an attorney representing Irizarry in the lawsuit he filed on Aug. 25 in New Jersey Superior Court against Newark and Fire Director James Stewart.

“If he’s in a situation where he needs his gun, it could not only jeopardize his own health, but his co-workers and members of the public,” Nolan said.

The lawsuit suggests the harassment was in retaliation for Irizarry reporting to authorities that Stewart “sought to provide a firearm to a former arson investigator who was not allowed to be armed and sent unqualified and politically-connected candidates to the Newark Fire Academy.”

Newark officials declined to comment, and Stewart could not be reached for comment. Stewart has previously been ensnared in separate state and county investigations.

A Fair Lawn…

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Pittsburgh Parking Authority settles lawsuit over height of new pay stations

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.post-gazette.com

A lawsuit over the height of the Pittsburgh Parking Authority’s new pay stations has been settled, and all of the multi-space meters will be lowered to make them more accessible to wheelchair users by July 31, officials said Tuesday.

Attorneys for the authority and for University of Pittsburgh research specialist Debra J. Stemmler filed a stipulation of dismissal, indicating that the lawsuit had been settled. U.S. District Judge Nora Barry Fischer then closed the case.

Terms of the settlement were not indicated in the court filings. According to the stipulation for dismissal, Judge Fischer retains jurisdiction to interpret and enforce the settlement.

Authority attorney Brian H. Simmons wrote in an email response to questions that the authority would not incur any costs related to lowering the meters, and that the work would be done by the end of July 2015.

Authority Executive Director David Onorato would not further detail the settlement.

Jeff Nethery, director of business development for Cale America, the company that was awarded a $7 million contract in 2012 to install and maintain hundreds of the multi-space pay stations, said last week that his firm would adjust the meters. He could not be reached for details Tuesday.

Ms. Stemmler, who works for Pitt’s Graduate School of Public Health, claimed in the lawsuit that she was ticketed a year ago despite leaving a note on her dashboard indicating that she could not reach the buttons on the new meters. She…

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NFL Concussion Settlement

A Federal Court has approved the Settlement of the Class Action Lawsuit filed by former NFL players against the National Football League. These former players, now retired, filed suite accusing the NFL for damages for not informing them that they may have possible brain injuries and consequences of same. The settlement discussions were long and tense and, at times, included dissension within the Plantiff’s own ranks.

The final settlement provides for players to receive the following three benefits:

1. Medical exams for symptoms of concussion syndrome for all retired NFL players so that if conditions later develop or deteriorate there will be a baseline for same.

2. Financial awards for diagnosis of brain injury diseases, such as Alzheimer’s, Parkinson’s, Dementia and certain cases of Chronic Traumatic Encephalopathy (CTE) which may not be diagnosed until after a player dies.

3. Educational programs and various initiatives to make the game of football safer.

These claims for injuries and medical treatment resulting from concussions will be paid in full for up to 65 years.

Of note, the retired players or their legal representatives or their family members do not have to prove that the player’s injuries were caused by playing NFL football. They simply have to prove the conditions exist.

Separately, these players theoretically could have filed individual claims against their respective teams for Workers’ Compensation benefits. However, because the players were not made aware of the harm and the statute of limitations for a work injury would have run, the above settlement for a vast majority of them is their only alternative.

Today’s players are now more aware of the consequences of a concussion. They can also avail themselves of Workers’ Compensation benefits pursuant to their individual state Workers’ Compensation laws.

Of course, concussions are not limited to professional athletes. Many combat Veterans have suffered severe concussions. However, professional athletes are more likely to have multiple concussions. Of course, anyone in any occupation could suffer a concussion whether it be from an automobile accident while in the course of their employment or some other traumatic event.

Today’s worker, whether it be a Pittsburgh Steeler or a Pittsburgh steelworker has become far more educated as to the benefits to which they may avail themselves if they suffer such an unfortunate injury.

Missouri residents file lawsuit accusing police of brutality in Ferguson

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.washingtontimes.com

Six Missouri residents filed a lawsuit in federal court, alleging police in Ferguson used excessive force and made false arrests.

The Los Angeles Times reported that one claimant, Dewayne Matthews Jr., said he was standing with his hands in the air, in surrender mode, when police officers wearing riot gear riddled him with rubber bullets and slammed him into the concrete. He alleged police also sprayed him with some sort of chemical spray, despite the fact he wasn’t engaging in any aggressive or violent manner.

Another plaintiff, Tracey White, says she and her son, 13, were waiting to exit McDonald’s at the time police stormed into the restaurants and arrested them without cause, she alleged, the Los Angeles Times reported.

A couple of other plaintiffs say they were simply joining in the chant of “hands up, don’t shoot,” when riot police shot rubber bullets at them and fired tear gas and stun grenades. The men, Damon Coleman and Theophilus Green, also allege police used racial slurs, the Los Angeles Times reported.

The six say the police humiliated them and abused their civil rights, and their lawsuit seeks millions in damages.

The protests in Ferguson kicked off when Darren Wilson, a local police officer, shot and killed Michael Brown, 18….

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Lawsuit filed over daycare duct-tape claims in Willow Park

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.star-telegram.com

By Deanna Boyd

Parents of a toddler who was allegedly duct-taped to his nap mat by a Willow Park day-care center co-owner filed suit Tuesday against the Heart2Heart Montessori Academy.

Kristi and Brad Galbraith allege in a lawsuit filed in Parker County that Heart2Heart was negligent in properly carrying out its responsibilities and supervising employees, resulting in injury and pain to their 21/2-year-old son.

The allegations surfaced June 17 after an employee, Hannah Tidwell, called Kristi Galbraith advising her that her son and another boy had been forcefully secured by duct tape to their napping mats by one of the facility’s owners, Pamela Decker.

“When she contacted me, the first thing she said was, ‘I wanted you to know we called CPS today.’ Of course, I felt sick to my stomach, probably wailed out loud in the car,” Kristi Galbraith said in a phone interview Tuesday. “I asked her ‘What do you mean? What happened?’ Then she proceeded to tell me what actually happened to our son that day.”

Tidwell then sent Kristi Galbraith three photographs that she’d snapped of the boy, secured to the mat with the thick, silver tape.

She told the Galbraiths that when she confronted Decker about her actions, Decker responded: “Do not say anything about this. I know this [is] illegal but felt it was necessary.”

The allegations sparked investigations by the state’s Child Care Licensing and Willow Park police. Both…

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ACLU files legal challenge to primary election

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.staradvertiser.com

By Star-Advertiser staff

BRUCE OMORI / SPECIAL TO THE STAR-ADVERTISER

Nico Verissimo of Puna, foreground, voted as a line snaked through the cafeteria of Keonepoko Elementary School on Aug. 15.

The American Civil Liberties Union of Hawaii on Thursday filed a legal challenge to the primary election on behalf of voters in Puna on Hawaii island who were unable to vote because of the damage left by Tropical Storm Iselle.

In a news release, the ACLU says the lawsuit concerns the fundamental right to vote and the disenfranchisement of hundreds and potentially thousands of affected voters. It asks the court to give any voter effected by Iselle the opportunity to vote in person or by absentee ballot by Sept. 20, the constitutional deadline for tabulating primary results.

The lawsuit also urges the court to invalidate a state law that gives Scott Nago, the state’s chief election officer, the discretion over how to conduct a postponed vote after a natural disaster. The ACLU argues that the state Legislature should prescribe how such elections are conducted.

“Although the votes in question may not change the outcome of any of the various races, the ACLU filed this suit because the right to vote is a cornerstone of our democracy,” Daniel Gluck, ACLU senior staff attorney, said in a statement. “Every vote counts equally – this is about an individual exercising a fundamental right and not about the results of any single race.”

The ACLU’s suit challenges the…

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