Lawyers deliver oral arguments to appellate court on ESPN lawsuit

first_imgAttorneys from Notre Dame and ESPN delivered oral arguments before a three-judge panel in the Indiana Court of Appeals on Wednesday, the latest development in a lawsuit hinging on Notre Dame Security Police’s (NDSP) status as either a public or private agency, the South Bend Tribune reported Tuesday afternoon.Lucy Du ESPN argued in its appeal that Indiana’s Access to Public Records Act (APRA), in its current state, applies to private campus police departments, despite the decision issued in Notre Dame’s favor by St. Joseph Superior Court Judge Steven Hostetler last April.“What we know from Notre Dame’s own crime logs is they arrest, search, interrogate for crimes such as rape, burglary, larceny, aggravated battery, counterfeit, drug possession, DUIs — these are not the actions of your library security guard who is there to make sure that kids don’t take books,” ESPN attorney Maggie Smith said, according to an audio recording of the oral arguments available on the Indiana Judicial Branch’s website.ESPN filed a lawsuit against the University in January 2015 after NDSP refused to release incident reports related to student-athletes on two separate occasions.Since October 2014, two state officials — Public Access Counselor Luke Britt and Attorney General Greg Zoeller — have said they believe Notre Dame to be subject to APRA. Although Hostetler ruled in Notre Dame’s favor, he said there were “persuasive reasons” for the Indiana legislature to amend public record laws.During the appeal, the judges referenced Indiana House Bill 1022, which would change state law to require private university police departments to disclose certain records. The bill passed unanimously in the Senate in January and will soon be voted on in the Senate.Throughout the trial process, Notre Dame has maintained its stance that Indiana lawmakers did not intend for APRA to apply to private colleges and universities.“Certainly, the question before the court here is whether or not the Notre Dame police department is a public agency subject to the law,” Notre Dame attorney Damon Leichty said. “… We think the statute is plainly clear. We think the specific provision that defines ‘law enforcement agency’ clearly does not capture this department.”Leichty said NDSP derives its power to arrest from the Notre Dame Board of Trustees, not the state. However, Judge Rudolph Pyle questioned how this power to arrest was “magically” given to the Board of Trustees, when the state of Indiana is listed as the authority behind any charges.NDSP currently releases a limited amount of information about campus crimes, in compliance with the Cleary Act, which applies to all schools that receive federal funding.Smith argued there are already mechanisms in place that allow public colleges and universities to fulfill with their Cleary Act obligations and their obligations to comply with public record laws.“The functions performed by the Notre Dame police department, in its context of being an educational police force, are exactly the same as the functions performed from IU, Purdue, Ball State,” she said. “[They] are subject to both, and they do it just fine.”If the court finds private universities to be subject to public record laws, Leichty said other private entities with police departments — including hospitals, investigation agencies and railroad companies — would be impacted.Chief Judge Nancy Vaidik said the court would issue a ruling “as soon as possible,” though she did not provide a timeline.Tags: APRA, Espn appeal, ESPN lawsuit, NDSPlast_img read more

Toffees go fourth

first_img Barry put a superior Everton ahead with a long-range strike after 23 minutes at Goodison Park before Mirallas doubled the lead from a free-kick just before the hour. It was only in the latter stages that Norwich finally started to trouble the home defence but Robert Snodgrass’ header against the post was the closest they came. Superb goals from Gareth Barry and Kevin Mirallas saw Everton outclass Norwich to reclaim a place in the Barclays Premier League top four with a 2-0 win. Everton boss Roberto Martinez may have concerns about how his side’s concentration wandered towards the end but victory wrapped up a fine day for the Toffees. It began with them completing the signing of former Celtic winger Aiden McGeady from Spartak Moscow and ended with them climbing back above Liverpool into the Champions League positions. McGeady was paraded on the pitch prior to kick-off and the positive atmosphere on a day already dedicated to junior fans put a spring in Everton’s step. Among the initiatives for children were a separate edition of the programme and youngsters shadowing club staff, including the stadium announcer and – before the action began – manager Roberto Martinez. On the field, Romelu Lukaku drove forward early on and shot wide before glancing a header the wrong side of the post. Tim Howard came out to deny Gary Hooper as Norwich struggled to make inroads and Mirallas saw a long-range effort deflected over. Leighton Baines also missed the target from distance but there was no denying Barry as he struck from 20 yards. The on-loan Manchester City midfielder was given space to take aim as he pushed forward and he sent a powerful shot swerving into the top corner beyond John Ruddy. Norwich almost responded quickly as Ricky van Wolfswinkel, making his first league start since October, raced through and combined with Snodgrass. He found space to shoot from distance but Howard produced a fine save to deny the Dutchman a first goal since the reverse fixture between the same clubs on the opening day of the season. It proved a rare attack for the Canaries as Everton lifted the tempo, with Leon Osman earning applause from Martinez as he chased back to win possession. That sparked another break but Seamus Coleman was unable to drive home his sixth goal in 10 games when the ball made it way to him inside the box. Barry got into shooting range again but this time the ball was fed to Osman, whose effort was deflected behind. Everton perhaps lost a little focus in the latter stages of the first half but Norwich were unable to make the most of some possession and set-pieces. The pace eased off at the start of second period but Everton’s superiority was not diminished and it seemed only a matter of time before they increased their lead. James McCarthy took aim from outside the area after being teed up by Mirallas but it was deflected for another corner. Norwich did muster a chance for Van Wolfswinkel but he blazed well over. The second goal arrived just before the hour after a driving run by Baines was crudely halted by Ryan Bennett on the edge of the area. Mirallas was given the honours and curled a fine shot over the wall that beat Ruddy at his near post. Lukaku thought he had added a third soon after sweeping past Ruddy and bundling the ball in from a tight angle but the flag had long been raised for offside. The Canaries struggled to gain any meaningful possession but substitute Nathan Redmond gave them a flash of hope when he beat Coleman on the left and forced Howard to save with his feet. Encouraged, Bradley Johnson then drove forward to lash one into the side-netting. Everton’s forgotten man John Heitinga, who recently snubbed a move to West Ham, came off the bench as Martinez attempted to tighten up at the back. Yet Norwich appeared to be growing in confidence and Snodgrass saw a header rebound off the post from a Redmond cross. It proved the last meaningful opportunity as Everton dug in to secure three points. Press Associationlast_img read more

PBC-Based Employer of Pulse Shooter Cleared of Negligence

first_imgNearly four years after the massacre at Pulse nightclub in Orlando that include 49 people and injured dozens of others, a state appeals court on Wednesday rejected negligence lawsuits that were filed against the employer of shooter Omar Mateen.The decision by a three-judge panel of the 4th District Court of Appeal upholds a ruling by a Palm Beach County circuit judge, who had previously dismissed the lawsuits against G4S Secure Solutions (USA), Inc.Mateen, who died in a shootout with law enforcement just after the June 2016 attack, had been employed as a security guard by the Palm Beach County-based company since 2007. He carried a gun in the job and had a Class G firearms license, which requires 28 hours of classroom as well as range training.The lawsuit raised arguments that the company had been notified that Mateen was unstable and dangerous, and that he had expressed a desire to commit mass murder against individuals in the lesbian, gay, bisexual and transgender community, according to the appeals court ruling.The complaints also alleged that the company has a “duty to make an appropriate investigation of their prospective employees prior to, and use due care in, hiring them, providing them with firearm training, retaining them as employees or obtaining/maintaining their Class G firearms licenses, but failed to do so” with Mateen, the ruling adds.However, the appeals court disagreed with the plaintiffs’ arguments that the facts of the case had established that the actions of G4S “created a broader zone of foreseeable risk” to the victims. The seven-page ruling states that Mateen did not use weapons owned or controlled by the company, and that he would have been able to buy the type of weapons without the firearm license he held for his job.last_img read more