A sexual assault lawsuit against the city of Brownwood, a Brownwood Police Chief and the Texas Trails Council of the Boy Scouts of America has been settled, according to a February 10, 2010 article posted at http://www.reporternews.com/news/2010/feb/10/brownwood-settles-lawsuit .  In this regard, the Abilene Reporter-News states that the family of the sexual assault victim agreed to a settlement of $300,000.  In the lawsuit, the parents of the victim claimed that none of the entities did enough to protect their daughter, then a 15-year-old member of Police Explorers Post 1150, from a former Brownwood police sergeant who is now serving prison time for two counts of sexual assault of a child and one count of indecency with a child.  According to the article, the settlement will be paid by the insurance carrier, Liberty Mutual and Texas Municipal League.

Whether police officer sexual assault occurs in Abilene, Brownwood, Houston or elsewhere, sexual misconduct victims may contact an attorney to determine if a sexual assault lawsuit is ultimately appropriate under the particular facts and circumstances of the potential civil rights injury claim.

The Morning Journal at http://www.morningjournal.com reported in a January 16, 2010 article that a police officer sexual misconduct lawsuit against the City of Lorain has settled for $175,000 in a Cleveland federal court, according to the victim’s attorney.  As stated in the article, a U. S. District judge ordered the sexual misconduct lawsuit to move forward in December, writing that because there were more than 10 cases involving sexual misconduct among the city’s police officers, a jury could determine the city has been “indifferent” toward sexual acts among residents and police officers.  The victim’s attorney reportedly said that the judge ordered the city to pay $75,000 out of the city coffers, and $100,000 will be paid by the city’s liability insurance.  A complaint was filed against the police officer in September, 2002 after the officer allegedly kept pulling the victim over and touched her inappropriately several times.  Afet that, a lawsuit was filed in 2005 with five complaints against the officer and three against the city, stating the city failed to properly supervise the officer, among other complaints.  In 2008, the police officer was found guilty on one count of menacing by stalking by the Lorain County Court of Common Pleas.  He served 60 days in jail and was placed on probation for two years and resigned from the police department. 

See, http://www.morningjournal.com/articles/2010/01/16/news/mj2161293.prt for more detailed information.

Mobility products often used for fall prevention are not always designed for fall prevention, according to information posted at http://www.invisiblecaregiver.com .  For example, everyday bed accessories can be inappropriately used and recommended for fall prevention and bed mobility without knowledge of use limitations.  In this regard, undisclosed or hidden risks can include entrapment, increased fall risks due to instability, increased pressure points and increased fall risks due to restraint issues.  As indicated by Invisible CareGiver, all sides need to understand the risks, risk management and liability issues of using and recommending ineffective mobility assistance devices.  Consequently, Invisible CareGiver recommends creating a safe environment to avoid mobility device fall risks by making sure the medical device selected is designed or appropriate for the intended and potential use. 

Assumptions and decisions or recommendations based upon convenience create fall injury risks for senior citizens using mobility aid devices.  In an effort to address mobility aids and their uses, Invisible CareGiver cautions that often one mobility aid is recommended, leaving gaps in the individual’s mobility needs and these mobility gaps create risks that need to be addressed before a fall or fall injury occurs.  As such, many elder care mobility needs are not properly addressed, giving rise to the need to do a better job in addressing mobility issues and fall prevention among the elderly or senior citizens since falls, unintended mobility device uses, and restraint and entrapment issues can be an open invitation to liability risks.  Again,  Invisible CareGiver asserts that knowledge can create effective risk management programs and recommendations.

In an article posted December 28, 2009, The Daily News, a Galveston County newspaper, reports that an attorney has filed a wrongful death lawsuit in Galveston County on behalf of relatives of a clerk killed in a robbery at a Galveston convenience store.  According to the article, the clerk was fatally wounded during a January 31, 2008 robbery and the Galveston County District Attorney’s Office reached a plea bargain with the perpetrator, sparing him from a capital murder trial and possible death sentence in return for life in prison without possibility of parole.  For its own part, the wrongful death lawsuit accuses ABHI Enterprises of negligence, among other things, and seeks recovery of damages, including compensation for mental anguish, pain and suffering, medical expenses and funeral and burial expenses. 

See http://galvestondailynews.com/story.lasso?wcd=149428 for additional information concerning the Galveston wrongful death lawsuit filed by the victims’ attorney.

An attorney has filed a sexual assault lawsuit in Galveston on behalf of an 80-year-old woman who alleges that a former church pastor made unwanted phone calls, sexual comments and propositions to her, as well as physically assaulting her. According to a December 5, 2009 article posted by The Daily News, a Galveston County newspaper, the victim has not only filed a lawsuit but also, through her attorney, gone to the Galveston County District Attorney’s Office.  As stated in the article, the Galveston County District Attorney’s Office has not charged the former pastor but is investigating and has asked members of a Texas City church with information to call his office at 409-766-2352. 

In the lawsuit, the victim’s attorney names the Texas City church, the church’s national organization and the former pastor.  Filed in Galveston County’s 122nd District Court, the sexual assault lawsuit seeks damages up to $25 million plus interest on allegations of negligence, infliction of emotional distress, sexual exploitation, assault and battery and false imprisonment. 

See, http://galvestondailynews.com/story.lasso?ewcd=036176de5c0163d7 for the complete story regarding this Galveston County sexual assault lawsuit.

Disabled-World.com reports that The American Physical Therapy Association (APTA) is urging elderly adults who use canes and walkers as walking aids to be properly assessed and fitted by a physical therapist to avoid fall-related injuries.  According to the posting, this advice comes in response to a June 2009 study published in the Journal of the American Geriatrics Society, which found that 47,000 senior citizens end up in emergency rooms each year due to falls from improper use and fit of walkers and canes.  The posting at http://www.disabled-world.com/assistivedevices/mobility/walking/fit-walkers-canes.php states that the study, conducted by government researchers, examined six years of emergency room records and found that the walker was associated seven times more with injury related falls than was the cane.  As such, physical therapists advise that these results indicate a strong need for proper fit and assessment.  General tips provided by an APTA member for those using walkers and canes as walking or mobility aids include, for example: (1) The walker or cane should be about the height of your wrists when your arms are at your sides; (2) When using a walker, your arms should be slightly bent when holding on, but you shouldn’t have to bend forward at the waist to reach it; and, (3) Periodically check the rubber tips at the bottom of the cane or walker, being sure to replace them if they are uneven or worn through.

In this regard, the posting offers the website www.moveforwardpt.com as a resource for finding a physical therapist.  For its own part, the APTA represents more than 72,000 physical therapists, physical therapist assistants, and students of physical therapy nationwide.

Whether mobility aid fall injuries among the elderly or senior citizens occur in Texas or elsewhere, victims may also contact an attorney to evaluate whether the fall injury may have resulted from product defects, improper or inadequate instructions or negligence in the design, manufature and sale of the mobility device.

In a news release at http://www.nhtsa.dot.gov , the National Highway Traffic Safety Administration (NHTSA) issued a consumer advisory on February 5, 2010, announcing a recall involving certain Maxi-Cos Mico infant child restraint systems manufactured by Dorel Juvenile Group (DJG).  According to NHTSA’s news release, Dorel is recalling 22,850 of the restraint systems because of attachment difficulties between the infant carrier and the base.  In this regard, NHTSA stated that if the carrier is improperly mounted to the base, the child could be injured in the event of a crash.  Owners may contact Dorel at 1-877-657-9546 or visit their website at www.djgusa.com .  In addition, consumers with questions about the safety recall campaign may call NHTSA at 1-888-327-4236.  Further, consumers may sign-up for recall notifications from the federal government by visiting www.safercar.gov and clicking on the “e-mail” or “RSS” option to register.

In an article posted at http://www.chron.com/disp/story.mpl/military/6844944.html on February 1, 2010, Houston Chronicle reporters Lindsay Wise and Lise Olsen write that Houston-based contractor KBR and other contractors working for the U. S. military have been named in forty-three pending federal lawsuits which allege that workers and soldiers have been exposed to toxic waste from improperly supervised burn pits.  According to the article, Texas Army National Guard troops in Baghdad report witnessing airborne ash flakes and bits of charred trash drifting from a pitch dark sky.  In this regard, the article states that the debris came from an open-air burn pit about 100 yards from the outer walls of a detainee internment facility guarded by soldiers from Houston’s 72nd Infantry Brigade Combat Team.  Operated by Houston-based contractor KBR, the pit consumes 120 tons of garbage a day north of Baghdad, and, as reported in the article, on calm days, noxious smoke billows upward and dissipates into a smog-like haze.  When the wind blows, the acrid-smelling fumes pour into towers and yards where about 800 Texas troops from the 72nd keep watch. 

As reported by Chron.com, soldiers say a fine layer of soot settles on their uniforms and black goop comes out when they blow their noses.  They complain of migraines, breathing problems, coughs, sore throats, irritated eyes and skin rashes.  With respect to the lawsuits, Chron.com states that the cases feature more than 300 plaintiffs all of whom say they were harmed by improper burning of waste by wartime contractors or the military at 20 sites in Iraq and one in Afghanistan.  For its own part, KBR officials told the Houston Chronicle that their company was involved in operating only 10 of the sites named in the lawsuits and that the litigants have failed to prove exposure to burn pits caused the many symptoms they reported suffering.  Consequently, KBR disputes that any burn pit directly harmed the health of soldiers or others.  KBR further contends that it operates burn pits in accordance with guidelines approved by the Army.  In this regard, military officials acknowledge that burn pit smoke causes acute short-term health effects in some people, but the long-term effects are less clear.

One soldier from Portand, Texas quoted in the article complained of health worries increasing the stress of deployment, commenting that “You’re away from your family and friends and everything and then you add this on top of it.”  Another soldier from Humble, Texas was quoted as saying “I go home at night smelling like burned garbage.”

In a January 26, 2010 News Release by the U. S. Department of Labor’s Occupational Safety and Health Administration (OSHA), the federal agency announced that it has issued three Mueller Industries Inc. subsidiaries in Fulton, Mississippi 128 citations for allegedly exposing workers to safety and health hazards.  See, http://www.dol.gov/opa/media/press/osha/osha20100075.htm .  According to the OSHA News Release, OSHA began its investigation in July 2009 after a maintenance worker employed by a company subsidiary was killed and two other workers were injured when naptha, a flammable liquid of hydrocarbon mixtures, leaked from an electric pump and ignited. 

Under the Occupational Safety and Health Act of 1970, OSHA’s role is to promote safe and healthful working conditions for America’s working men and women by setting and enforcing standards, and providing training, outreach and education.  More information about OSHA is available on the internet at http://www.osha.gov .

In a January 21, 2010 posting at www.justice.org , the American Association for Justice (AAJ) reports that the federal Ninth Circuit Court of Appeals has held that police use of a Taser must be justified by a “strong government interest [that] compels the employment of such force.”  The lawsuit giving rise to the decision alleges that by shooting Carl Bryan with a Taser stun gun, a police officer, Brian McPherson, used excessive force in violation of Bryan’s Fourth Amendment rights.  The Ninth Circuit agreed with Bryan.  See, Bryan v. McPherson, 2009 WL 5064477 (9th Cir. Dec. 28, 2009).  In this regard, the plaintiff’s attorney stated that “This is the first case to set some clear limits on the use of Tasers.” 

As stated in the AAJ posting, a judge writing for the three judge panel stated that Tasers and similar devices “constitute an intermediate, significant level of force” that may be used only under limited circumstances that meet the “strong government interest” standard.  To determine whether McPherson used excessive force, the court applied the Supreme Court’s test in Graham v. Connor (490 U.S. 386 (1989)) and considered the severity of the crime, whether the suspect posed an immediate threat, and whether the suspect was actively resisting or attempting to flee.  Under the facts of this case, the court concluded that “the totality of the circumstances here did not justify the deployment of the Taser X26.” 

For his own part, McPherson relied upon an Eleventh Circuit decision holding that the police use of a Taser did not constitute excessive force.  See, Draper v. Reynolds, 369 F.3d 1270 (11th Cir. 2004).  But the Ninth Circuit said the Bryan case was clearly distinguishable from Draper, because the alleged victim being arrested in Draper  heard the police officer’s commands, refused to comply, and argued with the officer. 

According to a spokesperson for Amnesty International quoted in the posting, the decision should cause law enforcement agencies and individual officers to think more carefully about when and how to use these types of weapons.