US Supreme Court Sets Aside $3.4 Million Verdict for Child Porn Victim … SCOTUS Says: May Claim Damages from Every Person Caught with Illegal Images
The case was Paroline vs. United States:
The SCOTUS has setaside a$3.4 million verdict again a Texas man named Doyle Paroline. The 5-4 decision upholds part of the Violence Against Women Act which calls for restitution to victims of child pornography, but it has some up with a compromise position on how to set the monetary amount. The SCOTUS majority opinion says those who possess the child porn images must pay something because they have contributed to the abuse. In essence, the Court ruled that a federal district court judge must calculate how much to assess against Paroline personally. The WAPO points out that the 5-4 decision was not the typical SCOTUS left-right split, which although the opinions were based on different rationals, at least issues like child porn are dealt with not along political lines.
Victims of child pornography whose images of sexual abuse have circulated on the Internet may claim damages from every person caught with illegal images, the Supreme Court ruled Wednesday.
But justices rejected the idea that a single person who possesses such images may be assessed the full amount due to the victim, setting aside a $3.4-million verdict against a Texas man in a favor of a woman whose childhood rape was photographed and widely circulated on the Internet.
The 5-4 decision upholds part of the Violence Against Women Act which calls for restitution to victims of child pornography, but it adopts a middle-ground position on how to set the amount. It said those who possess the images must pay something because they have contributed to the abuse.
“It makes sense to spread the payment among a larger number of offenders in amounts more closely in proportion to their respective causal roles and their own circumstances,” said Justice Anthony Kennedy. “This would serve the twin goals of helping the victim achieve eventual restitution for all of her child pornography losses and impressing upon offenders the fact that child pornography crimes, even simple possession, affect real victims.”
His opinion in Paroline vs. United States leaves it to federal judges to decide on the proper amount in each case.
The case began when a young women using the name “Amy” learned the photos of her sexual abuse as an 8 year old child were circulating on the Internet. Sadly, it was her uncle, Eugene Zebroski, that was her abuser. Initially, a federal judge refused to order Paroline to pay restitution because there was no proof his offense caused or contributed to Amy’s abuse. However, a federal appeals court in New Orleans would overturn that decision and ruled for Amy and said Paroline was responsible for paying the full amount she had sought, a total of $3.4 million.
Paroline was among an estimated 71,000 people worldwide who viewed the attacks.
The full decisions can be read HERE.
Much, much more at the SCOTUS Blog, Opinion analysis: Dividing the duty to pay for child porn.
Each individual — among hundreds and maybe thousands — found guilty of keeping and looking at images of a child being sexually abused must pay the victim something more than a “trivial” sum, but none of them can be required to pay for all that the victim has lost, the Supreme Court ruled Wednesday in a five-to-four decision.
The ruling in the case of Paroline v. United States, settling a dispute among lower courts on a mandatory law of restitution to victims of child pornography, refused to establish a specific formula for allocating the financial blame, telling federal trial judges to “do their best,” with a few suggestions for starting points. Justice Anthony M. Kennedy wrote the majority opinion.
Rasmussen: 61% of Americans Support the XL Keystone Pipeline as Obama Panders to Enviro-Wackos and Delays Decision Until After 2014 Midterm Elections
WHO IS OUT OF TOUCH WITH AMERICA AND PANDERS TO AN EXTREMIST MINORITY FOR POLITICAL REASONS?
A recent Rasmussen poll has support for the XL Keystone Pipeline at all time highs. Sixty-one percent of Americans now support the building of the oil pipeline from Canada to Texas, while only 27% are opposed. Also, 62% of likely voters also say that the pipeline is good for the economy. However, the anti-fossil fuel Obama would rather pander to the environmental wacko minority and continues to dither and delay the decision on the construction. Just last week Barack Obama once again delayed his decision to go forward on its construction as he pushed it back until after the 2014 midterm elections putting Democrat party politics ahead of jobs for Americans. But of course we were told that Obama’s delay had nothing to do with politics from Debbie Wasserman-Schiltz. Of course not. Also reported in the poll was that 57% of voters say the pipeline is at least somewhat important to how they will vote in the next congressional election, with 23% who say it is Very Important.Democrats better be careful in 2014, there is no way that 57% are all Republicans.
I don’t care what a majority of the American people think, you are stuck with me. I do not work for you.
Support for building the Keystone XL pipeline is now at its highest level ever.
The latest Rasmussen Reports national telephone survey finds that 61% of Likely U.S. Voters now at least somewhat favor building the major oil pipeline from Canada to Texas, while just 27% are opposed. This includes 37% who Strongly Favor the project and 10% who Strongly Oppose it. Thirteen percent (13%) are undecided. (To see survey question wording, click here.)
Support for building the pipeline is up four points from 57% in January and now has edged above the previous high of 60% found in November 2011 when President Obama first delayed the project for further environmental study.
It is Democrats and the MSM that always claim that the GOP panders to the radical Tea Party, Americans just might want to take a look at who Obama is taking his orders from.
Oh by the way, this weeks jobless claims jump 24,000 this week to 329,000 as Obama refuses to approve a project that would automatically create jobs in the private sector with no tax paid for stimulus.
The number of Americans filing for new unemployment benefits jumped last week, a sign layoffs have increased since touching a seven-year low earlier this month.
Initial claims for jobless benefits, a measure of layoffs, rose by 24,000 to a seasonally adjusted 329,000 in the week ended April 19, the Labor Department said Thursday. The weekly gain was the largest since December.
Economists surveyed by The Wall Street Journal expected 315,000 new claims last week. Claims for the prior week were revised up by 1,000 to 305,000.
Posted April 24, 2014 by Scared Monkeys
Barack Obama, Bystander in Chief, Chicago-Style Politics, Crony Capitalism, Democrats, Divider in Chief, Economy, Energy, envirowackos, Epic Fail, Gutter Politics, Jobs, Keystone XL Pipeline, Liberals, Misleader, Moonbats, Obamanation, Politics, Polls, Progressives, Radicals, Rasmussen, The Dodger in Chief | no comments
Daily Commentary – Thursday, April 24, 2014 – Too Much Cell Phone Use By Parents Could Affect Children
- Their kids tend to act up more when parents are too busy texting to pay attention
The police are stating that 15 year old actress Stella Pejo has been reported missing from her West Village, New York City home. The teen actress was last seen around 8:30 p.m. Monday night and according to the police she has runaway before, but usually returned home after a few days. If this is another case of her running away, one might want to look into the cause? Hopefully she will be found soon and return home.
Stella Pejo – Pic: Missing Cases
Police sources say the 5-foot-4-inch, 110 pound teen with brown eyes and long brown hair is a runaway who has disappeared before, but returned home after a few days.
Stella was wearing a black tank top, black jeans and black sneakers when she disappeared, officials said.
Anyone with information about her whereabouts is asked to contact Crime Stoppers at (800) 577-TIPS. All calls will be kept confidential.
3 American Doctors Killed in Kabul, Afghanistan Hospital Attack … Motive, How About Muslim Islamist Jihad?
Three Americans have been killed in an attack at a hospital in Kabul, Afghanistan. According to accounts, an Afghan security official opened fire Thursday killing 3 American medical staff at the American-run Christian hospital, CURE, in Kabul. The terror attack also wounded several individuals people as doctors and nurses arrived at CURE at about 9 am local time. In a statement, the U.S. Embassy in Kabul said: “With great sadness we confirm that three Americans were killed in the attack on CURE Hospital. No other information will be released at this time.” CURE is a non-profit organization that operates hospitals and programs in 29 countries, according to its website. The security guard was wounded but survived and was later in surgery in the same hospital where he killed the 3 doctors. Talk about putting the hypocritical oath to the test. The shooter has been arrested and is in custody.
The U.S. Embassy in Kabul says three Americans were killed Thursday in an attack at a hospital in the Afghan capital.
Afghan police say a security guard opened fire at western Kabul’s Cure Hospital, which is run by a U.S.-based charity group. At least one of the dead was a doctor.
Interior Ministry spokesman Sediq Sediqqi said the security guard is now in police custody and an investigation is under way.
“This was an unfortunate incident this morning,” he told reporters. “The attacker was a police security guard there and he opens fire on foreign nationals who went there and unfortunately three of them have been killed. One is injured and the injured has been taken to the hospital. And the police has arrested the attacker as well so we will investigate to find out the motives behind this attack.”
MOTIVE, THE CAUSE OF THE ATTACK, are you kidding? It is called terrorism, jihad, Muslim Islamists!!! You know, all those words that we are not allowed to use in this ridiculous “PC” world. Is it really that difficult to find a cause and a motive when an American, Christian non-profit organization is attacked by a Muslim Islamist? Seriously folks, I think we can figure out the obvious. Note to the Obama administration … This was also not work place violence!!!
An Afghan security guard opened fire on a group of doctors at a Kabul, Afghanistan, hospital on Thursday, killing three male American doctors and leaving two other people wounded, officials said. A father and son were among the victims, ABC News has learned.
I guess he will go golfing over anything …
President Barack Obama did not attend the funeral of his late aunt Zeituni Onyango. But instead, he went golfing. Hmm … how compassionate. You remember Zeituni Onyango, she was the Obama relative that was living in the United States illegally and a deportation fugitive, while illegally contributing to the Obama campaign.From calling some one Auntie, to not attending their funeral. Okay, things happen in life that cause families to go their seperate ways, but did he really have to disrespect her by golfing on the day of her funeral?
After Zeituni Onyango, the woman President Obama once called Auntie, died in a South Boston nursing home this month, her closest relatives gathered her belongings at her nearby apartment. There, framed photographs of her with the president covered the wall.
Weeping before a polished wood coffin at her wake this past Saturday, they described Ms. Onyango, the half sister of the president’s father, as “the spirit of the Obama family” and talked about raising money to send her body back to Kenya. Mr. Obama helped pay funeral expenses and sent a condolence note, Ms. Onyango’s family members said, but the president did not attend, as he was golfing.
HYPOCRISY AT IT’S WORSE …
So what happens to Americans who fraudulently claim unemployment benefits, misuse a company credit card or not pay your taxes, you would be arrested, charged with a crime, no longer allowed to use the hand out program, get reprimanded or fired from your job and have the IRS threaten you, place liens on your property and garnish your wages. What happens to an IRS employee fraudulently claiming unemployment benefits, misusing government credit cards and failing to pay their taxes … THEY GET BONUSES!!!
When is enough, enough with this out of control rogue agency? The Founding Fathers did not intend a federal government to have federal agencies that acted above the law. It is time for a flat tax so that everyone, and I mean everyone pay their fair share, as well as to end this governmental agency of corruption, cronyism and fear. I wonder if any of the IRS employees who received bonuses and owed back taxes have been audited?
A report from the Treasury Inspector General for Tax Administration shows that between Oct. 1, 2010, and Dec. 31, 2012, the IRS paid $2.8 million in bonuses to employees cited in the past year for such things as drug use, making violent threats, fraudulently claiming unemployment benefits, misusing government credit cards and — get this — failing to pay their taxes.
The report said more than 1,100 employees who failed to pay their taxes received discretionary awards of more than $1 million in cash bonuses and more than 10,000 hours in extra paid vacation.
At least five employees received performance awards after being disciplined for intentionally under-reporting their tax liabilities for multiples years, paying taxes late and under-reporting income.
Like many companies and government agencies, the IRS sweetens the deal for its employees by giving bonuses based on performance. But at the IRS, breaking the federal tax laws you were hired to enforce and running afoul of other agency rules aren’t considered relevant to performance-based awards.
I guess we are now giving bus drivers who get into accident and police officers with criminal records raises and bonuses too?
- Sending TMZ the fake report that Jody Arias was suing Sheriff Joe Arpaio and Nancy Grace because she had acquired Hep C while in an Arizona jail. TMZ ran with the story.
29 Year Old Danielle Pruden from Kentucky Missing Since 4/18/14 in Sacramento, CA (Update: Found Safe)
29 year old Danielle Pruden went missing on Friday, April 18, 2014 in Sacramento, California. Pruden ast seen on around 6 p.m. on Friday and has not been in contact with er family or roommates. Danielle Pruden had moved to California from Kentucky last month to continue pursuing a nursing career. Just last week, she moved into Meagan Shuts and her boyfriend’s North Highlands home in the 6000 block of Demuth Circle. Pruden had been renting out a bedroom from the couple she found through a Craigslist ad just 4 days before she went missing. Pruden left behind all of her belongings, including her Yorkshire terrier puppy named Weston. According to the Sheriff’s Department, Danielle Pruden is considered “at risk” because her disappearance is “inconsistent with her established patterns of behavior.”
Danielle Pruden – Pic: Sacramento County Sheriff’s Department
Danielle Pruden, 29, was last seen on April 18 around 6 p.m. She is considered at-risk because it is out of character for her not to be in contact with her family and roommates, the Sacramento County Sheriff’s Department said.
Pruden is described as a white woman, 5 feet 5 inches tall and weighing approximately 155 pounds. She has blue eyes and blond hair. The accompanying photograph shows her with brown hair.
Pruden was driving her 2006, cream-colored Chrysler PT Cruiser with a black top and Kentucky license plate number 147PZB.
Megan Shuts has only known her new roommate Danielle Pruden for a short amount of time, ever since she moved in last week.
But the two formed an immediate bond.
“During that whole week me and her we were hanging out every day and going to the gym and I’d gotten to know her really well,” Shuts told FOX40.
Detectives want to speak to anyone who has seen Pruden’s car, a tan PT Cruiser convertible with a black top and Kentucky plates.
Shuts also warns the photo of Pruden released by the Sheriff’s Department is misleading, because she now has blonde hair.
She also said her voice is unique.
“A really thick southern accent,” Shuts said.
If anyone has any information or tips regarding Danielle Pruden, please contact the Sacramento Sheriff’s department at (916) 874-5115.
Texas EquuSearch Sues FAA in Federal Court Challenge Agency’s Order to Stop Using Drones in Searching for Missing Persons
Since when is a non-profit considered commercial use?
Texas Equusearch has sued the Federal Aviation Administration in federal court to challenge the FAA’s order to stop using unmanned drones in the search for missing persons. Texas Equusearch, a 501(c)(3) nonprofit organization, has been tirelessly been searching for missing persons for years and been using unmanned planes, drones, if you will since 2006. So once again we have federal government interference in the search for missing loved ones. I am sure this is what our Founding Father’s had in mind. Sorry, but I happen to think there is a huge difference between a non-profit organization searching for missing persons as compared to Amazon delivering packages.
A Texas group sued the Federal Aviation Administration in federal court to challenge the agency’s order to stop using drones in the group’s searches for missing people, the latest round in an intensifying battle over regulation of the sector.
Search-and-rescue organization Texas EquuSearch, which has used unmanned aircraft to help search for missing people since 2006, asked the U.S. Court of Appeals for the D.C. Circuit to set aside the FAA’s order to halt its use of drones. The group argued in a five-page petition filed on Monday that the FAA’s order has no legal basis and “is unlawful, arbitrary, capricious, an abuse of discretion and not otherwise in accordance with law.”
The FAA said it is reviewing the suit. The agency suggested in an email that Texas EquuSearch could work with public entities that hold FAA authorizations to use drones, such as some police departments, and obtain emergency authorizations to conduct its searches.
The FAA has effectively banned the commercial use of unmanned aircraft in the continental U.S. It says the limit is needed to protect air safety, at least until the agency sets full rules for the devices—now expected by late 2015 at the earliest.
Is the federal government more concerned with its overreaching authority or helping the families of missing loved ones?
Tim Miller, founder and director of EquuSearch, said the Feb. 21 Federal Aviation Administration order prohibiting the operation of four drones has meant the nonprofit organization has not used them in three active searches for missing people in Katy, Louisiana and Oklahoma.
Miller said the 4-foot-long drones have led to the discovery of 11 missing individuals and allow searchers to view large stretches of wooded areas, fenced property and bodies of water.
“I was hoping we’d get a response from them that was more positive and we didn’t have to go to this extreme,” Miller said of the FAA. “It’s time-consuming for us, and God only knows what the outcome is going to be.”
Brendan Schulman, a New York attorney representing Texas EquuSearch, said the lawsuit seeks to confirm the rights of nonprofits to use civilian drone technology for the nation’s benefit.