Mark Shubin

Posts Tagged ‘Civil Rights’

Inmate’s Suicide Debated at Trial

Wednesday, August 10th, 2011

July 27, 2011

By Phil Ray (pray@altoonamirror.com)
The Altoona Mirror

JOHNSTOWN – The suicide of a Blair County Prison inmate was “predictable” and “preventable,” an attorney for the man’s family told a federal jury Tuesday

Jeremy Corbin, 32, of Bellwood suffered from severe depression and other mental health issues when he was admitted to prison on the morning of Oct. 18, 2006, and tests administered by a corrections officer showed that Corbin was a suicide risk, attorney Andrew J. Shubin of State College said.

Corbin was placed in a special cell for inmates at risk but was released later that day into the general jail population by the prison’s forensic specialist, Jennifer Feathers, who determined he wasn’t at a risk.

Two days later, Corbin ended his life by using a bed sheet in his cell to hang himself.

During an emotional opening statement, Shubin said that had Corbin been allowed to stay in the suicide prevention cell in the prison, which had no bed sheets, he may be alive today.

The jury was shown a picture of Corbin and his family in better times, just two years before his suicide, when the family moved into a new home in Bellwood.

Pictures of the cells in which Corbin was housed in the Blair County Prison were displayed. (more…)

Obama’s Views on Gay Marriage ‘Evolving’

Monday, June 27th, 2011

June 18, 2011
By SHERYL GAY STOLBERG

WASHINGTON — Driving across the flatlands of Illinois with Barack Obama during the Senate race of 2004, Kevin Thompson sometimes found himself tutoring the candidate on gay rights.

Mr. Thompson, then a traveling aide, recalls long conversations about topics like the 1969 Stonewall Rebellion that sparked the gay rights movement, gay adoption — Mr. Obama once volunteered that Mr. Thompson and his partner would make “great parents,” Mr. Thompson recalled — and same-sex marriage, which Mr. Obama has in the past opposed.

Mr. Thompson, an Obama supporter, is skeptical about that. “To this day,” he said, “I don’t think Barack Obama has any issue with two people of the same gender getting married.”

Now President Obama says his views on same-sex marriage are “evolving,” and as he runs for re-election he is seeking support from gay donors who want to know where he stands.

This week, he will headline a $1,250-a-plate “Gala with the Gay Community” in Manhattan, his first such event as president; on June 29, he will host a Gay Pride reception at the White House. He is doing so at time when the New York Legislature is considering whether to make same-sex marriage legal — a vote that the president will no doubt be asked about while in New York. (more…)

Judge won’t reinstate ‘Boobies’ ban–Easton Area officials claimed injunction threatens order in schools.

Monday, June 27th, 2011

June 21, 2011
By Peter Hall, OF THE MORNING CALL
Easton Area students will be free to wear bracelets proclaiming “I ♥ Boobies!” while school officials appeal a ruling that the breast cancer awareness slogan is protected under the First Amendment.

U.S. District Judge Mary A. McLaughlin on Tuesday refused to lift a preliminary injunction that prevents school officials from enforcing a ban on the popular rubber bracelets. In April, she sided with two middle school girls who were threatened with discipline for wearing the bracelets, finding the slogan is not vulgar or likely to cause a disturbance.

Easton Area School District officials last month asked McLaughlin to lift her injunction while the district’s appeal before the 3rd U.S. Circuit Court of Appeals is pending. They claimed the injunction leaves the district with no guidance on how to revise its dress code for the 2011-12 school year and threatens administrators’ ability to maintain order in the schools.

Third Circuit leaves student off-campus speech rights undecided

Monday, June 27th, 2011

Jurist.org
Sara Rose [Staff Attorney, ACLU of Pennsylvania]

A middle-school student, annoyed after being disciplined by her principal for violating the school dress code, vents her frustration by posting a crude MySpace profile on the Internet parodying the principal. The profile, which the student created entirely from home and made available to a small group of friends, includes a photo of the principal but not his name or school. The profile only comes onto school grounds at the behest of the principal. Nevertheless, once the identity of the profile’s author is discovered, the school suspends her from classes for ten days.

Those are the facts of a case, JS v. Blue Mountain School District [PDF], recently decided in the student’s favor by the US Court of Appeals for the Third Circuit. The case squarely presented an issue increasingly confronted by schools and their students: How far can public schools can go in punishing students for speech that they post on the Internet outside of school? On one side are the school districts and school board associations, which argue that schools should be permitted to police their students’ speech no matter where it occurs if the speech is about the school. On the other are groups like the ACLU, which believe putting such far-reaching authority into the hands of school administrators impermissibly infringes on students’ First Amendment right to free speech. (more…)

State College Teachers’ Union Has Sought Same-Gender Partner Benefits, Leader Says

Wednesday, May 25th, 2011

May 24, 2011
by Adam Smeltz

For at least 10 years, the State College teachers’ union has wanted the inclusion of same-gender domestic-partner benefits in school-district employee contracts, union President Holli Jo Warner said Monday.

In fact, Warner said the union — the State College Area Education Association — has asked the State College school district for that policy addition in the last two rounds of contract talks — one about five years ago, the other a decade ago.

“Through the negotiations process, we did not achieve that goal,” Warner told StateCollege.com. ” … We are currently in the process of negotiations (again) … and I’m sure it will be talked about again.”

StateCollege.com approached Warner about the subject in light of a federal lawsuit filed against the district last week.

In the case, district employee Kerry Wiessmann and her partner, Beth G. Resko, have targeted the district policy that prevents workers’ same-gender domestic partners from qualifying for the same benefits made available for opposite-gender domestic partners.

That policy, according to their complaint, violates Wiessmann and Resko’s First and 14th Amendment rights under the U.S. Constitution. The women are seeking a change in the policy.

The school district is expected to respond formally in court. But in a preliminary statement released to reporters on Friday, the district administration indicated that the benefits policy in question stems from the collective-bargaining process. (more…)

For Gay Employees, an Equalizer

Tuesday, May 24th, 2011

By TARA SIEGEL BERNARD
New York Times
May 20, 2011

The battle to legalize same-sex marriage may be dominating the headlines, but that issue could take years to resolve. More immediately, a growing number of companies have taken it upon themselves to make life a little more equal for their gay employees.

These companies are reaching into their own pockets to pay for an extra tax that their gay employees owe on their partners’ health insurance — something that their married heterosexual co-workers don’t have to worry about because the federal government recognizes them as an economic unit.

To gay employees, gaining equal benefits is about more than the money. The gesture itself validates their relationship with their partners at a time when the government has not.

Most heterosexuals take for granted that they can add a spouse or children to their employer’s health plan. But gay employees with partners have that option only if they work for an organization that offers domestic partner coverage. (more…)

Discrimination Complaint Targets State College School District

Thursday, May 19th, 2011

by Adam Smeltz
statecollege.com

The State College Area School District is facing a federal civil action from a school worker and her partner, both alleging that the district discriminates in its employee-benefits policy.

Kerry Wiessmann, who is an elementary-school counselor, and her partner, Beth G. Resko, brought the complaint against the district on Tuesday. Their concern is a district rule that keeps school workers’ same-sex domestic partners from qualifying for the same benefits made available for opposite-sex domestic partners, according to the filing.

In fact, the district’s “refusal to provide Ms. Wiessmann and her partner … with the same family health benefits offered to other employees and their families violates their rights under the First and Fourteenth Amendments to the U.S. Constitution, including the right to equal protection of the laws without regard to sexual orientation or sex, and the right to intimate association; as well as the Equal Rights Amendment of the Pennsylvania Constitution,” the lawsuit reads. (more…)

Judge Stops Enforcement of School District’s Suspicionless Drug Test: Senior Can Attend His Prom Tonighting Policy

Tuesday, May 17th, 2011

May 6, 2011

PHILADELPHIA – Panther Valley High School ( Carbon County ) senior Jeremy Thomas will be attending his prom tonight after all. Late yesterday afternoon a judge issued a ruling prohibiting the Panther Valley School District from enforcing its unconstitutional policy requiring students to submit to random drug testing to participate in extracurricular activities, including school dances. Until yesterday, Thomas was barred from attending his senior prom because he and his parents refused to consent to random drug testing.

The American Civil Liberties Union of Pennsylvania filed a lawsuit on March 9, 2011, against PVSD on behalf of siblings M.T., a ninth grader, and Jeremy, who were not allowed to participate in after-school activities because of their refusal to consent to random, suspicionless urinalysis. An Eagle Scout and Junior Reserve Officer Training Corps (JROTC) member, Jeremy was kicked off the golf team after refusing to sign the consent form.

“We are very excited. This ruling vindicates our belief that people are innocent until proven guilty, not the other way around,” said Morgan Thomas, Jeremy and M.T.’s father. He added that his son was getting his suit today in preparation for tonight’s prom. (more…)

ACLU of PA Sues Two Northeast School Districts Over Unconstitutional Drug Testing Policies

Wednesday, March 16th, 2011

FOR IMMEDIATE RELEASE
March 9, 2011

PHILADELPHIA – The American Civil Liberties Union of Pennsylvania filed separate lawsuits in state court today to stop two northeastern Pennsylvania school districts from randomly drug and alcohol testing students who participate in extracurricular activities, including athletics and school dances, or who drive to school. The ACLU of PA believes the schools’ policies violate a 2003 Pennsylvania Supreme Court ruling requiring schools to justify suspicionless drug testing programs with evidence of a widespread drug problem among students.

“These policies teach young people to accept extreme invasions of their privacy when they’ve done nothing wrong,” said Mary Catherine Roper, senior staff attorney at the ACLU of Pennsylvania and one of the attorneys representing the students and their parents.

“Random drug testing is also counterproductive, as studies have shown that extracurricular activities help students avoid drug use. Schools should not be putting up barriers to students’ participation in after-school activities,” she continued. (more…)

Penn State video highlights use of digital mapping in police work

Sunday, March 13th, 2011

Monday, March 7th 2011
Penn State’s World Campus | University Park, Pa.

Penn State Public Broadcasting’s third installment of the Geospatial Revolution Project deals with the technology in relation to privacy and how geospatial information affects law enforcement, war and diplomacy.

– As police departments around the country consolidate and face tough decisions on how best to use limited resources, geospatial technology has proven to be an asset. Geospatial technology allows law enforcement officials to identify crime hot spots in the communities they serve, so they can dedicate the necessary resources to these areas, thus maximizing efficiency.

Penn State Public Broadcasting’s four-part online video series, the Geospatial Revolution Project, explores the way geospatial information—such as geospatial information systems (GIS), global position systems (GPS), and digital mapping—enhances the lives of individuals as well as the efficiency of institutions like police departments. Episode Three of the series, available now, also focuses on safety, privacy and the use of geospatial technology in warfare and diplomacy.

“A surveillance society is not only inevitable and irreversible, I’ve come to the conclusion that it’s irresistible—and it’s not government doing it to us, it’s us doing it to ourselves,” Jeff Jonas, member of the board of the United States Geospatial Intelligence Foundation, said. “The more data that is available to us, the more transparent the world becomes.” (more…)