According to the Houston Chronicle, jurors were told in opening statements of a criminal trial that two Pasadena police officers “used elbow and knee strikes to break the ribs of a 51-year old chronic alcoholic during a late night arrest.”  Rogers, Brian, “Officers Broke Ribs of Prisoner, Jury Told,” Houston Chronicle, 5/28/08, p. B1.  Assistant District Attorney Joe Owmby reportedly told jurors that the injuries resulted in the prisoner’s death in a jail cell.  Id.  The article stated that the two officers are charged with criminally negligent homicide, a state jail felony that carries a maximum punishment of two years in jail.  Id.    According to the article, the officers’ indictment in January was the first in at least four years for an in-custody death involving local police.  Id.  Further, the article reported that the “Harris County Medical Examiner’s Office ruled” the death as “a homicide, caused by a punctured lung.”  Id.  In addition, the Medical Examiner’s Office listed chronic ehtanolism as a “secondary cause of death.”  Id.

On May 28, 2008, the Los Angeles Times reported that “[t]o the surprise of civil rights advocates, the Supreme Court on Tuesday strengthened workplace anti-discrimination laws, ruling that employees who say they were punished for complaining of bias can sue for damages.”  See, Savage, David, “Supreme court Gives workers Protection from Retaliation,” Los Angeles Times, http://www.latimes.com , 5/28/08.  According to the article, “the expansion of employee rights stands in stark contrast to a series of pro-business rulings by the high court last year.”  Id.  In the first case, a 7-2 ruling, a former assistant manager at Cracker Barrel alleged that he was fired after complaining about a white supervisor who made racist comments and about the firing of a black food service worker.  Id.  Civil rights advocates had feared that the case would lead to further limited legal remedies for bias in the workplace.  Id.  However, the majority opinion said the nation’s oldest civil rights laws not only gave blacks the same rights as whites to make contracts, but it also protected them from being fired for voicing complaints about the mistreatment of other black employees, according to the article.  Id.  In the second decision, the article reported that the Court said older federal employees who were punished after complaining of age bias could sue the government for retaliation.  Id.

In the case Gomez-Perez v. Potter, the United States Supreme Court decided on May 27th that the statutory phrase “discrimination based on age” in the ADEA federal-sector provision includes retaliation.  According to the National Employment Lawyers Association, one of the greatest uncertainties surrounding this case was whether the Court would take the opportunity to “correct” the closely divided 5-4 decision in Jackson v. Birmingham Bd. of Ed., 544 U.S. 167 (2005) where the Court interpreted Title IX’s broad “discrimination on the basis of sex” language to encompass retaliation.  Stated another way, there was a concern that the Court might provide a decision that restricted employee rights.  Instead, the majority opinion in Potter re-affirmed Jackson and emphasizes the import of the precedent, making it clear that the view of the dissent in Jackson did not prevail. 

According to a May 26, 2008 article in USA Today, complaints to the US Departiment of Housing  and Urban Development for discrimination (age, gender and disability) have risen from less than 7,100 in 1999 and 2000 to more than 10,000 in 2006 and 2007.  During the same time period, cases filed by HUD on behalf of the victims of discrimination has dropped from 111 in 1999 and 82 in 2000 to 36 in 2006 and 31 in 2007.  The agency claimed it was settling more cases, however, according to the article, the rate of settlement has also dropped approximately 6% since 1999.  The article, “Housing complaints increase, but fewer charges are filed” by Donna Leinwand, (USA Today, May 26, 2008), also indicated that ” HUD dismissed nearly two-thirds of the 2,595 investigated complaints last year. The agency closes cases for reasons such as failure to locate the alleged victim, or for lack of evidence.” id Further, according to the article, “Housing cases at the civil rights division of the Justice Department, which prosecutes cases in which investigators find patterns of discrimination, also have dropped. The department filed 35 civil lawsuits in 2007, marking a steady decrease since 1999.” id  Further, criticism of past performance has been voiced. “The National Fair Housing Alliance, a housing rights group, says HUD and Justice do not vigorously enforce fair housing laws. “It’s a drop in the bucket for the number of complaints that happen annually,” CEO Shanna Smith says.” id  

According to the article, Bush nominee Steven Preston underwent a confirmation hearing last week before the US Senate.  Preston had been nominated to replace Bush Appointee Alphonso Jackson, who left the top job at HUD in April amid allegations of favoritism and misconduct.  The article may be found at: http://www.usatoday.com/money/economy/housing/2008-05-26-housing_N.htm

Also, not in Leinwand’s USA Today article:

Alphonso Jackson was appointed by President Bush as chief of HUD in 2004, but was a high level official since 2001 and was, at the time of his resignation:

Allegedly under investigation by the FBI for directing a government contract to a ”golfing buddy” and has allegedly been involved in litigation for blocking a “land deal” in retaliation against housing officials in Philadelphia. “HUD Chief Resigns Amid Ethics Violations”, by Ed Henry, CNN Politics.com (March 31, 2008) http://www.cnn.com/2008/POLITICS/03/31/hud.resignation/index.html

AND was criticized for cronyism and allegedly supported the politically-motivated concept of preventing contracts from being awarded to persons who didn’t like President Bush. “HUD Secretary Alphosno Jackson Resigns”, by Christine Perez, Dallas Business Journal, March 31, 2008

http://www.bizjournals.com/dallas/stories/2008/03/31/daily1.html?page=1

According to “Lead Exposure in Childhood Linked to Criminal Behavior Later” by Amanda Gardner, U.S. News and World Report, May 28, 2008, a 30 year study has found that exposure to lead as a child can lead to health problems that create a greater likelihood for criminal behavior in adulthood.  The article references a study co-authored by Kim Dietrich, a professor of environmental health at the University of Cincinnati, which found “Arrest rates were higher as blood lead concentrations went up. The association between high blood lead levels and violent crimes was even stronger. Any 5 micrograms per deciliter elevation in blood lead levels increased the rate of arrest for violent offenses by more than 25 percent, Dietrich said.” id  The artilce also indicated that exposure to lead may cause or contribute to “anti-social behavior, lower IQ, attention deficits, hyperactivity and weak executive control functions, all of which are risk factors for future delinquent behavior”. id   The article indicated that another report, published simultaneously in the same journal, co-authored by Kim Cecil, an associate professor of radiology, pediatrics and neuroscience at the University of Cincinnati College of Medicine and Cincinnati Children’s Hospital, indicated that exposute to lead caused reductions in volume in certain areas of the brain.  These lead caused reductions “were related to specific regions, including those responsible for executive function, mood regulation and decision-making.” id   According to Ms. Gardner’s article, Dr. Cecil also stated, “This is shedding new light that no dose is safe for lead.” id  

The article may be found at the following site: http://health.usnews.com/articles/health/healthday/2008/05/28/lead-exposure-in-childhood-linked-to-criminal.html?PageNr=1

Discovered in 1991, Nanotubes are, according to The New York Times, essentially rolled up sheets of carbon that can be used to produce materials that are far lighter and stronger than steel.  See, Chang, Kenneth, “In Study, Researchers Find Nanotubes May Pose Health Risks Similar to Asbestos,” The New York Times, http://www.nytimes.com , 5/21/08.  Although these nanotubes are already being used in products like tennis rackets, some scientists have wondered whether the needle-shaped nanotubes might cause the same types of diseases as needle-shaped asbestos fibers.  Id.  As reported in the journal Nature Nanotechnology, the answer to the scientists’ question may be yes since a team of researchers “reported that injecting nanotubes into the abdomens of mice induced lesions similar to those that appear on the outer lining of the lungs after inhalation of asbestos.”  Id.  In the case of asbestos, the lesions can eventually become a deadly cancer called mesothelioma.  Id.  The people in greatest danger would be those working in laboratories or at nanotube manufacturers, according to the article.  Id.  One doctor suggested that nanotubes be subjected to the same rules and regulations as asbestos and the rules could be relaxed if nanotubes turn out to be less toxic than asbestos.  Id. 

Owing to rules that have been written or rewritten by the Bush Administration, companies are using a legal defense in product lawsuits called the “doctrine of preemption” to have cases dismissed .  See, Editorial, “Working Against Consumers,” Las Vegas Sun, http://www.lasvegassun.com , 5/18/08.  According to the editorial, the Associated Press reports that since 2005 preemption language has been added to rules governing “just about everything Americans use.”  Id.  Dennis Quaid testified before Congress on the issue because he has a product liability lawsuit pending against a drug manufacturer of the drug given to his children in the wrong dosage and the drug maker is saying it has immunity from liability.  Id.  According to Quaid, the right to sue pharmaceutical companies should not be taken away since it would turn consumers into “uninformed and uncompensated lab rats.”  Id.

As reported by the San Fancisco Chronicle, a new study in the scientific journal Nature Nanotechnology states that nanotubes, one of the most promising materials for the future of technology, might be as harmful as asbestos if inhaled.  See, Fernholm, Ann, “Carbon Nanotubes May Be As Harmful As Asbestos,” San Francisco Chronicle, p. C1, http://www.sfgate.com , 5/21/08.  According to the article, carbon nanotubes are 10,000 times thinner than a human hair, and are among the materials many scientists believe will be used to build tiny electronics.  Id. The article states that animal studies indicate ”that these long and very thin carbon molecules could cause a cancer called mesothelioma, which occurs in the ling of the lungs.”  Id.  The main concern was indicated as being the effect on people processing carbon nanotubes and manufacturing the materials containing them.  Id.   

The Law Offices of Washington & Ernster, LLC are proud to announce that the Houston Lawyers Association recently selected and presented Mickey Washington with the Association’s 2007 - 2008 “Matthew W. Plummer, Sr. Justice Award.”  Mr. Washington has also been previously recognized in Super Lawyer as a top young lawyer in Texas.

According to The New York Times, the Philadelphia Police Commissioner, Charles H. Ramsey, stated that four police officers caught on videotape beating three suspects in a drup related triple shooting will be fired.  See, Hurdle, Jon, “4 Philadelphia Police Officers in Videotaped Beatings will Be Fired,” The New York Times, 5/20/08, p. A16.  In addition, three other officers have been suspended and one officer has been demoted.  Id.  The article states that these disciplinary actions follow a two-week investigation of May 5th beatings filmed by a television news helicopter.  Id.  The video allegedly shows three men dragged from their car and then kicked and punched by as many as 15 officers in the Hunting Park section of North Philadelphia.  Id.  The men are, according to the article, in custody on attmepted murder, assault and firearms charges.  Id.  The article reports as well that the “67 second video, which has been broadcast[ed] repeatedly on local and national television, is now being examined by District Attorney Lynne Abraham” and the FBI.  Id.  Commissioner Ramsey was cited as saying that some of the officers used “indiscriminate force” that went beyond what is justified to make an arrest.  Id.  According to a lawyer for one of the men, “They behaved like a pack of wild animals.”  Id.