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New lawsuit challenges Arizona’s gay-marriage ban

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

PHOENIX — Unwilling to wait for a 2016 vote, advocates for same-sex marriage asked a federal judge Thursday to rule the state’s ban is illegal.

The lawsuit challenges longtime state laws and a voter-approved 2008 state constitutional amendment defining marriage in this state as solely between one man and one woman. Jennifer Pizer, senior counsel for the Lambda Legal Defense and Education Fund, representing seven Arizona couples and two survivors of same-sex relationships, contends that ban violates federal constitutional provisions.

“Because our clients are not able to marry, they’re being denied equal protection under the laws, which should be a birthright of all Americans,” she said at a Phoenix news conference detailing the legal action.

Attorney General Tom Horne said he thinks the Arizona law is legally defensible.

Horne sidestepped the question of whether allowing heterosexual couples to marry but denying that right to same-sex couples amounts to unequal treatment. He said that’s not the legal issue. “The question really is, what is the definition of marriage,” he said.

“I would say that the Legislature, and the people acting through the Legislature, have a right to define what is marriage,” Horne continued. “And that should be a decision made by the people governing themselves rather than the judiciary imposing it on them.”

The lawsuit comes as proponents of same-sex marriage are gearing up to put…

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Family of construction worker files lawsuit in fatal industrial accident

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

The family of a construction worker killed in January while working on Baylor University’s new on-campus football stadium has filed a wrongful death lawsuit against the university and several construction and equipment companies.

Jose Dario Suarez’s wife, two daughters, son and mother are seeking unspecified damages in their lawsuit, which was filed last week in Harris County.

The petition says Harris County is a proper venue for the lawsuit because one of the defendants, Flexifloat Construction Systems, is located in Houston.

Besides Baylor and Flexifloat, the suit also names as defendants Austin Commercial Inc., Austin Bridge and Road, Derr and Isbell Construction Inc. and Genie Industries Inc.

Austin Commercial, Austin Bridge and Road, and Derr and Isbell are construction companies building Baylor’s McLane Stadium and a walking bridge over the Brazos River linking the stadium to campus.

Suarez, 55, of Manor, drowned Jan. 28 after a hydraulic lift he and another construction worker were strapped to slipped or rolled from a modular barge into the Brazos River.

Suarez and another man were working on the pedestrian bridge over the river behind Baylor Law School. The other man was able to untether himself after the lift went into the river, but Suarez was not.

Divers found Suarez’s body still strapped to the lift about four hours later.

“This is a terrible tragedy and our hearts go out to the Suarez family, but we have not yet seen the…

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The Power of the Civil Justice System

Michael Smerconish of CNN comments on the importance of our modern day Civil Justice System. Though often maligned, it is often to only way to protect the public from future harm as seen in the recent problems with General Motors ignition switches. Companies are not going to jump and say they did something wrong. Often, it is only through a lawsuit that we learn about dangerous conditions affecting the public. Watch his commentary here.

Women abducted in Avon file lawsuit against Wal-Mart

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

The two women who were abducted at the Avon Wal-Mart and later repeatedly raped have filed a lawsuit against the retail giant that alleges the company failed to intervene and call police after a man kidnapped them at gunpoint.

The complaint was filed Wednesday, a day before Marion County Prosecutor Terry Curry announced a litany of charges against the suspect. Michael Parrish, 37, Indianapolis, is accused of raping those two women and three others over a two-day period in early February. The boyfriend of one of the two women was beaten.

According to the complaint, filed in Hendricks Superior Court, the women were loading groceries into their truck in the store’s parking lot when Parrish kidnapped them at gunpoint. The complaint states that before that happened, Parrish had been seen on Wal-Mart’s security cameras acting suspiciously inside the store. Later, the complaint alleges, security cameras captured the kidnapping.

MORE COVERAGE: Suspect accused of sexually assaulting 5 women in 2 days in Avon, Indianapolis

But no one from the store, the complaint alleges, called police after the women were abducted about 11 p.m.

The complaint alleges that the company violated Indiana law by failing to protect its customers and by allowing Parrish to remain on its premises despite suspicious behavior.

Betsy Harden, spokeswoman for Wal-Mart Stores Inc., said she could not comment about the complaint but said the company is reviewing it and is investigating the…

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Firm hired to defend Cleveland in lawsuit

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

CLEVELAND (AP) — The city of Cleveland has hired a private law firm to handle a wrongful death lawsuit filed by the estates of two people killed in a 2012 police chase.

The Northeast Ohio Media Group (http://bit.ly/NqHwqs ) reports that Cleveland will pay the law firm Roetzel & Andress up to $275 an hour to defend the city, police officers and supervisors named in a federal suit filed on behalf of Timothy Russell and Malissa Williams.

Russell and Williams were killed by Cleveland officers on Nov. 29, 2012, after a chase that started when officers thought they heard gunfire coming from their car. It ended with 13 officers firing 137 shots into the car. No weapon was ever found.

Last fall, 63 officers were disciplined for their roles in the chase.

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Protesters file civil rights lawsuit against Pasadena alleging police brutality

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

By Lauren Gold, Pasadena Star-News

PASADENA>> A group of protesters that got into a scuffle with police outside a lecture by former Mexican president Vicente Fox has filed a federal civil-rights lawsuit against the city and the Police Department.

The complaint alleges that Pasadena police violated the protesters’ right to free speech and assembly, and right to be free from unreasonable use of force. The suit further alleges assault, battery and infliction of emotional distress on protesters by at least 10 police officers during the incident at the Pasadena Civic Auditorium in November 2012.

Protester Clarence Smith, 36, of Los Angeles, said he was beaten by the police along with many others around him. Smith said he is a member of the Los Angeles Community Action Network.

“For me it was very traumatic. I have dreams of being beat up by Pasadena police,” Smith said. “And for what? For a peaceful protest? People have to know what these police are doing to the activist community. … I don’t want to be in this city. At least in Los Angeles the police don’t beat you like they do in Pasadena. L.A. is one of the worst units out there but Pasadena P.D. is unreal.”

Attorney James Segall-Gutierrez filed the suit on behalf of 16 people, including two minors. The officers are not specifically named in the lawsuit and Segall-Gutierrez said he is still working to determine their identities.

Segall-Gutierrez filed the complaint in federal…

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