Adil is a former
combat, weapons, and military police, who works as a uniformed guard for High Threat Protection security services;
while Adila is a former field surgeon and medic for the Unites States Army, and
currently a research scientist for Restorative
Technology. High Threat is a very
productive security agency with clients in Russia, England, Spain, France,
Italy, and Greece. Undoubtedly, HTP is
working closely with Restorative Technology to develop an exoskeleton for
combat troops as well as an armour for field medics that is powered by a
special femto-chip. As a result of this
collaboration, the scientist at Restorative Technology create an integrated circuit
that surpasses the nano technology, called the femto-chip. It replicates like hundreds of DNA cells in
femto-seconds by analyzing and combining molecularly with the wearer of the
exoskeleton. Allowing only that wearer
to ever wear it, give it commands, and control the exoskeleton. In addition to developing combat technology, Restorative
Technology has developed highly advanced medical devices for combat, military,
and commercial use that has revolutionized medicine. Unbeknownst to Adil and Adila, they are being
used as sacrificial pieces in HTP’s move to manipulate economies and governments
in the Ukraine, Syria, Iraq, Iran, and Afghanistan. While Adila is ironing out the wrinkles in Restorative’s
femto-chip, Adil is searching HTP’s databases for a mystery person,
BlindMaster, whose thoughts continue to invade their conscious. Malik Muhammad, a.k.a. BlindMaster, knows what
is happening to Adil and Adila; he also knows that they are two good friends
that he has not yet met. When
BlindMaster hears about the dinner at HTP headquarters, his mind’s eye tells
him that Adil and Adila might lose their lives because the exoskeletons are
still questionable, so he takes to the L.A. night to assist his future best
friends who don’t know that all their thoughts and actions are being viewed by
his mind’s eye. Consequently, Restorative
and HTP are only a strong deposit, with no inclusion, in an international fill
of corporate executives that leads BlindMaster and the Twins to the cause of
corrupt corporations, demons, and deadly situations that brings out of hiding
lame white-collar deadbeats, old street hustlers, and retired demons who see
opportunities to settle old beef from times when they did not want to or were
forced to retire or lay low.
Thursday, February 12, 2015
Thursday, January 22, 2015
Why You Should Zip-Line
The newest addition to the Chattahoochee Valley is a zip line that spans from Columbus,
Georgia to Phenix City, Alabama, symbolizing the relationship that not only
these two cities have had throughout history, but the connection between the
state of Georgia and Alabama. “Take flight on the Blue Heron Adventure in Columbus, Georgia!
Crossing the Chattahoochee River, experience the only dual-zip line that
connects two states reaching speeds up to 40mph. The fun doesn’t end there! The
Blue Heron Aerial Course, a treetop experience will meet you in Phenix City,
Alabama with a total of 10 obstacles. The adventure continues as you cruise in
the motorized Canyon Raft back to Georgia.”
Ascending the 100 foot tower I could feel the jitters coming on,
and those jitters brought doubt, second thoughts, and worries of going splat on
something down below. As I stood at the
top of the tower being fastened and secured to the cable my knees started to
buckle, but I was not going to chicken out.
Being afraid of heights and the exhilarating rush of adrenaline, is the
reason zip lining 100 feet above the Chattahoochee River, across 1200 feet of
cable, at 40 mph, is an experience that I will never forget. Fear and adrenaline are the reasons for
choosing this topic.
Georgia to Phenix City, Alabama, symbolizing the relationship that not only
these two cities have had throughout history, but the connection between the
state of Georgia and Alabama. “Take flight on the Blue Heron Adventure in Columbus, Georgia!
Crossing the Chattahoochee River, experience the only dual-zip line that
connects two states reaching speeds up to 40mph. The fun doesn’t end there! The
Blue Heron Aerial Course, a treetop experience will meet you in Phenix City,
Alabama with a total of 10 obstacles. The adventure continues as you cruise in
the motorized Canyon Raft back to Georgia.”
Ascending the 100 foot tower I could feel the jitters coming on,
and those jitters brought doubt, second thoughts, and worries of going splat on
something down below. As I stood at the
top of the tower being fastened and secured to the cable my knees started to
buckle, but I was not going to chicken out.
Being afraid of heights and the exhilarating rush of adrenaline, is the
reason zip lining 100 feet above the Chattahoochee River, across 1200 feet of
cable, at 40 mph, is an experience that I will never forget. Fear and adrenaline are the reasons for
choosing this topic.
With the zip-line
being a new addition to Columbus, Georgia and Phenix City, Alabama most of the
locals are not aware of the zip-line or the fun one can experience while
zipping across the Chattahoochee.
being a new addition to Columbus, Georgia and Phenix City, Alabama most of the
locals are not aware of the zip-line or the fun one can experience while
zipping across the Chattahoochee.
Also,
Citizens of Columbus and Phenix City frequent both sides of
the river to enjoy
the scenery, see the newly built wooden structures
that comprise the zip-line,
but never actually go on the zip-line because they don’t feel the narcotic
euphoria that zipping 100 feet high, 1200 feet across, at 40 mph
instantaneously brings. In addition, zip lines are non-existent in most
communities, and for a family or couple living in one of these non-existent
communities planning a vacation; zip-lining would be a fun option to consider
for the itinerary. In addition to these
non-existent communities and locals, I also plan on using this as a blog post
for people who want to face their fears as I did, adrenaline junkies, and
persons who want to do something different but fun.
The first
paragraph tells of my experience on the zip-line, this is why I include the
video so the reader can actually see what I was experiencing from start to
finish. Also, I speak of not only the
fear I experienced as I stood at the top of the 100 foot tower being securely
fastened to the cable, but the reader can see the excitement I felt after I
finished the first zip across the Chattahoochee River. As a result of the excitement from the first
zip, I was extra excited to do the final zip
paragraph tells of my experience on the zip-line, this is why I include the
video so the reader can actually see what I was experiencing from start to
finish. Also, I speak of not only the
fear I experienced as I stood at the top of the 100 foot tower being securely
fastened to the cable, but the reader can see the excitement I felt after I
finished the first zip across the Chattahoochee River. As a result of the excitement from the first
zip, I was extra excited to do the final zip
There are always
questions about events like the zip-line concerning safety, stability of
structure, what additions or optional features do they have with the zip-line,
how often or how many times can this exhilarating feat be performed a day, and
are the controllers experienced enough to make everyone feel safe and secure. I felt that this was one of the safest
structures, the equipment is 100%, and the controllers are very well
experienced to assure your safety. Only
one way to really research this topic, go book a zip for yourself, check the
website of White Water Express, and ask the people who run this establishment
all the questions you have, like I did with Lucas Brown.
questions about events like the zip-line concerning safety, stability of
structure, what additions or optional features do they have with the zip-line,
how often or how many times can this exhilarating feat be performed a day, and
are the controllers experienced enough to make everyone feel safe and secure. I felt that this was one of the safest
structures, the equipment is 100%, and the controllers are very well
experienced to assure your safety. Only
one way to really research this topic, go book a zip for yourself, check the
website of White Water Express, and ask the people who run this establishment
all the questions you have, like I did with Lucas Brown.
Friday, December 5, 2014
The Garden of Riki Tiki Tavi
The Garden of Riki Tiki Tavi
During the
2013-2014 season, Columbus State University was hosting several theatrical
performances at its River Theater.
Located in the Corn Center on the banks of the scenic Chattahoochee
River, in Downtown Columbus, Georgia, the Riverside Theater hosted an
adaptation by Y. York from the book by Rudyard Kipling: The
Garden of Riki Tiki Tavi. I attended
this event Friday, January 17, 2014 at 7:30 pm.
Upon my arrival in the lobby of the theater, I was taken aback by the
display that showcased pictures and names of the actors who would be performing
that night. As I stood out in the lobby
waiting for show time, I spoke briefly with two of the ushers and some of the
people who were a part of the staff and faculty. Excited to be there, all those in attendance
were the cast, technical staff, staff and faculty of CSUs College of the Arts,
members of the CSU student activities center, and other families with friends
who came to see this magnificent performance. Out of the eight plays that was presented
during the 2013 – 2014 season (York, 2014) ;
I chose to see The Garden of Riki Tiki Tavi for two reasons: 1) Because I have liked Riki Tiki Tavi since
I was a child, and 2) because I wanted to see how they would portray this
delicate blend of reptiles, outdoors, digging, flying, and confrontations on stage. But most importantly, I wanted to see what
kind of costumes, color schemes, props, dialogue, and how each scene would play
out what I had seen on television as a child in the 80s.
The green color of
the props used to represent the bushes, trees, burrowed holes or tunnels, and
branches, reminded me of the buon frescos
originally employed by the Minoan artist.
This technique was used by Renaissance artist nearly 3,000 years later. The basket that Naag’s eggs were nestled in
made it simple for the actors to carry and audience to see the eggs. Also, the way they had them nestled in the
basket gave an indication of how they looked on the actual ground. “…as he watched RIKI TIKI the mongoose
protect his human caretakers from snakes, but mostly the evil cobras Na[a]g and
Na[a]gaina, whose nest was in the garden of the human home.” The play was in the style of a children’s
play, but one could identify the characters through the costumes. In addition, the dialogue was brought to life
by the wits and creative acting of its cast.
This satirical comedy was “an amusing [and] lighthearted play designed
to make its audience laugh”
The actors who played Riki Tiki, Darzee,
ChuChu, and Nag all displayed Komos
as they phallically frolicked around stage.
The dialogue expressed the conflict well in this play, reminding me of
the clashes between Romeo and Tybalt, as ChuChu, Darzee, and Riki Tiki scuttle,
push, and fly for dominance in the garden of the human’s run by Nag. The conflict is similar to that between
Antigone and Creon. Nag is the fierce
cobra who has dominated the garden for years by keeping its inhabitants,
ChuChu, and Darzee, in fear. Along comes
young and hurt Riki Tiki the mongoose, whom is taken in by Teddy, the human
boy.
Riki Tiki falls in love with his
new human caretaker, makes friends with ChuChu and Darzee, and plays with them
in the garden. When Darzee tells how she
killed Nag’s wife, Nagaina, and how Nag wants to kill Teddy. Riki Tiki becomes Nag’s mortal enemy as he
protects Teddy, but Nag’s love for his eggs (unborn offspring), mixed with his
evil intentions allows Riki Tiki to place himself in a very advantageous
position as the snake and the mongoose square off in a battle for the
garden. “…as he watched RIKI TIKI the
mongoose protect his human caretakers from snakes, but mostly the evil cobras,
Na[a]g and Na[a]gaina, whose nest was in the garden of the human home…
As I sat out in
the audience I thought of the “plays [that] were performed [on] an open area of
the agora [Greek Theaters] called the orchestra, or ‘dancing space.’ The Riverside Theater reminded me of the
“Epidaurus Theater, built in the early third century BCE.” The atmosphere was one that I could have set
in for another two or three hours through another play; even an encore
performance. I was disappointed in the
actor who played ChuChu, who just did not want to talk to me after the
play. I wanted to express my thanks to
her, and tell her how good I thought her performance was; but she was too busy
hugging her friends and fellow thespians to give me a minute of her time..
Friday, November 7, 2014
An Explanation of BlindMaster
I wrote a
screenplay entitled, The Legend of
BlindMaster. The protagonist
is a superhero created out of the natural.
I forged this character
out of the confines of what the spirit of Elijah Muhammad revealed to
Malcolm X while he was sitting in his jail cell in a Massachusetts state
prison. In the How to Eat to Live books, volume 1 and 2, written by Elijah
Muhammad, are the complete dietary laws prescribed to members of the Nation of
Islam. These two books speak of foods
that are good biologically for human consumption, those foods that are
physiologically designed to build/destroy the body, and those foods that
destroy the soul and inhibit the brain power of a Muslim. Elijah Muhammad even gives scientific proof
of how the wrong and right foods affect us biologically and
physiologically. I created BlindMaster
or Mālik Muhammad as an
influential role model for young millennials who learn delinquent behavior from
“face-to-face interaction or by observing others in person or symbolically in
literature, films, television, music, and video games.” I wanted to keep his
powers within reach of human potential, inspiring viewers to strive for his
level of achievement. Jesus Christ came
to us representing the perfection of human potential, showing us that if we
lived by every word of God that we could become Christ-like or perfect examples
of human potential, just as Jesus.
BlindMaster’s powers are not the result of a serum, not accidental
exposure to a machine or experiment, not from an animal or insect bite, and he
is not from Asgard, Mars, or Krypton.
Blindmaster utilizes his inner ear, third eye, possesses the strength of
10 men, and has the Magical Saber of Light that enhances his natural abilites. BlindMaster’s powers can be attained by any
human being, but only if the right conditions are consistently present; tapping
into the conscious that we hear when we place a cup to our ear. In How
to Eat to Live, books 1 and 2, Master Fard Muhammad told the Honorable
Elijah Muhammad that if a Muslim ate one meal every 72 hours and no meat, that
one could hear an ant crawling on the ground, and manipulate the molecules of
the four different elements around them.
As a result of obeying these dietary laws, the following is evidence of
what is stated in the previous sentence.
A sufite Master named Bawa Muhayadeen was able to levitate himself one
to three feet off the ground. The “Tiger
Swami” or Soham Swami harnessed his energies into his fist, and was able to
render Tigers unconscious with one blow.
Wallace Fard Muhammad, aka, Master Fard Muhammad was able to manipulate
molecules and create images of men praying in glasses of water. And finally, Jesus performed a host of
miracles that are indicated in the New Testament of the Bible. On MSN’s website,
Robert Shmerling of the Harvard Health Publication wrote in an article
entitled, Healthy Living, “I’ve heard
psychics and fortune tellers use this 10 percent myth to explain their “powers”
to predict the future, read minds or bend spoons without touching them.” Further in that same paragraph it says, “…I
think this is just another of the many myths told as “facts everyone knows” to
attract a bigger audience.” In Robert A.
Baron and Micheal J. Kalsher’s Introduction
to Psychology, chapter 2, page 47-49 it states, “Computers can “crunch
numbers” at amazing speeds, but they cannot do many things we take for
granted: recognize thousands of
different faces, speak one and perhaps several languages fluently, add just the
right amount of salt or pepper to a dish we are cooking. [Neither] can they experience the emotions we
label “love,” “hate,” “sorrow,” those emotions BlindMaster needs to activate
and control what normal people call super powers. “So clearly the human brain is truly a
marvel.” I watched a video posted on USA TODAY’s website on Tuesday, July 29,
2014 at 1:55 pm, EST, entitled, Do we
really only use 10% of our brains?
“Most people have heard the myth, recently revived by the new movie, Lucy, played by Scarlett Johanssen that
we only use 10% of our brains, but is it true?
Buzz60 takes a look at the myths and the science in this video.” A brief synopsis of the main character in, The Legend of BlindMaster will help understand
the science, and dispel the myth.
BlindMaster was
born Mālik Muhammad in Los
Angeles, California in 1975. Blinded by
an explosion at the age of one, his father and International Minister to the
Nation of Islam, headed then by Elijah Muhammad, takes him to a Shaolin
monastery in the hills of China where he is taken under the guidance of a blind
monk named, Shadow Master Lin. Shadow
Master Lin teaches Mālik
to adjust to his new found sight. Mālik learns to read and
write the language of Chinese by some of the Monks, and Arabic and braille by
his father. He learns to recite the Qur’
an, Hadiths, and the Bible. He can
naturally see thermal images, is an expert in hand-to-hand combat and close
weapon combat, can naturally move with stealth, has vertical leaping ability comparable
to that of a cat, and he can control his weight and energy standing still or in
motion. He learns all this in the first
22 years of his life, then he goes to Cairo, Egypt where he is trained by Sufi
Master Yusuf Abdullah while attending the University of Al-Ahzar.
The magical saber of light is the
symbol for justice in Islam, but it is a fictional sword created by the stories
author. The mystical energy of the saber
only enhances BlindMaster’s natural agilities.
In addition, the mystical energy allows him to move vertically along on buildings, protects him from high
caliber weapons or explosions, high impacts, allows him to heal, manipulate the
molecules of the four elements around him, just like in M. Knight Shyamalan’s, The Last Air Bender (2010), and it
allows him to transmit instantly.
If you read the
screenplay, you will see how BlindMaster acquired his natural abilities. This story should educate you on “on the
spot” cultural facts that would not be normally known. Also, it should inspire you the viewer as a
Christian to be more Christ-like; if you are a Muslim, to be more upright and
one with Allah; if you are Buddhist, to better understand what the eight-fold
path is. Whatever your religion or path
to God is, this story will inspire you to become more enlightened in not just
the doctrine of your belief, but those universal aspects of it.
Monday, October 13, 2014
Plays of the Week
The game of football takes on many different
meanings for all who watch and participate in the sport. Life lessons, morals and ethics,
responsibility, balance, practical application, how to excel, how to fight, how
to win and lose, and how to work well with others to achieve an end. Football from the NFL down to area high
school has been and will always be a tradition, a tradition that embodies
“plays of the week,” “hometown spirit,” standings, and statistics that make not
only players proud, but family and friends honored to attend games, tailgate, making
sure players have water ready to drink, or just simply play the sideline.
We have arrived at
week 5 of area football here in the Chattahoochee Valley, and what some call
rivalries or a “closer look at Friday night’s games,” I call “the fight
schedule.” Standings and statistics tell
a tale of how these young men battle it out for supremacy in the area and their
region. Each player battles every week
for omnipotence at their position and another win for their team, has a story
to tell. Looking at the “High School
Roundup” in the Columbus Ledger-Enquirer
those Carver Tigers (4-1) have monopolized the area since 2008 with defensive
and offensive standouts that have gone onto college and eventually the
NFL. Followed by other area teams like Northside
Highschool, Shaw Highschool, and Columbus Highschool. Teams like the Spencer Greenwave (0-4), the
Kendrick Cherokees (2-2), Jordan Red Jackets (1-3), and Hardaway Hawks (0-4)
have not put up numbers as individuals that would place them in the “HighSchool
Football Statistics” section of the Columbus
(Ga) Ledger-Enquirer as an offensive
or defensive stand-out, but they have put up a different kind of ‘high numbers’
on overall team moral, that add up to everything that has truly allowed them to
“move the chains,” converting those loses on the field into improvements as
individuals and as a team. These
improvements will eventually lead to winning seasons, playoffs, and
championships. On a team level as a
whole, Smiths Station Panthers of Smiths Station, Alabama are a leading example
of this different kind of “high numbers” that is reflective in seasonal
statistics of running back K. Johnson who had eight carries for 79 yards;
averaging 9.9 yards a carry, and one touchdown; or Quarterback D. Sinquefeld
who threw for 422 yards and four touchdowns to three of his top receivers, T.
Trimble, M. Bowens, and 123 yards receiving A. Reedy. Smith Station was one of the schools that did
not submit player statistics to the Ledger-Enquirer
this week, but I found their school stats on Maxpreps showing how each player has improved on the field. On September 20, 2014, “Chattahoochee
County’s Brandon Jones receives a hug from Gina Cox as she inducts his brother
Quin Jones into the inaugural class of the Chattahoochee County football hall
of fame during halftime [game against Crawford County] Friday. Quin Jones graduated in 2008, and died in
March 2011.” This halftime
induction/dedication showed the sensitive side of a hard-hitting and dangerous
sport. The Central Red Devils of Phenix
City, Alabama defeated past playoff nemesis Prattville in regular season play. David Mitchell, of the Ledger-Enquirer wrote, “Central, which had already faced a gauntlet
of top-tier opponents in its first four games was still looking for that real
signature victory that signaled its entrance into the Alabama Class 7A state
championship race. Friday’s win is a
step in the right direction.” Mitchell
quoted top offensive running back Treveon Samuel, “It’s a big one,” an
emotional Samuel said after the game.
When asked how big, he said it was the biggest of his life. “I’ve never had a win like this.” If you examine the game by quarters you can
see that it was truly a slug fest, like Optimus
Prime and Megatron, as the Red
Devils walked away with the 42 to 34 victory over the team that always knocked
them out the first round of playoffs in past years, under former head coach
Woodrow Lowe. Incidentally, this week’s
passionate victory over Prattville came after one of Central’s seniors lost his
life to gun violence. Another team who
deserves big props this year are Columbus, Georgia’s Division 1-AA’s Calvary
Christian Knights. This is a football
team whom is only four years old, and are currently 5-0 “for the first time in”
the teams short history. With two top
offensive players in running back Jacquez Green and Quarterback Anthony
Santiago, and four top defensive players in Cranford Ledbetter, Taylor Faulk,
Tim Thomas, and Steven Fowler, this is what staff reporters for the Columbus Ledger-Enquirer had to say about Calvary
Christian in the “HighSchool Roundup,”
“Calvary Christian’s Anthony Santiago had 21 carries for 237 yards and
five touchdowns to lead the Knights to a win over Covenant Christian. Calvary Christian rushed for 311 yards.”
When a water boy
does not neglect his duties in anticipation of and at each week’s game, you
know the spirit of the game is alive. You
can go to local TV station WTVM 9
website and vote for the best of three plays from the week’s games; it is
called “play of the week.” Raycom Network News has started airing
weekly high school games in Alabama and Georgia on the Bounce network, station 9.2.
On Saturdays from 6 – 6:30, local NBC station WLTZ 38 has a show called Coach’s Corner where a coach from an east
Alabama High School itemizes the week’s game.
When these games are itemized by quarterly statistics, you the fan catches
a glimpse into the personality of each team, there individual personalities,
how good is the offense, how good is the defense, how good is the special
teams, what type of head coach, and what type of coaching staff. “The fight schedule” implies how each team
wages war on the opposing team, exchanging blows, scrapping to defend or “get
it in” the end zone. In fact, final
scores and player statistics chronicle an account of four quarters of
pulverizing play, pounding tackles, noisy snap counts, “plaguing turnovers,”
breath taking interceptions, and relentless runs. “The fight schedule” does not encourage
violence, but encourages competition, constructive criticism, and moral and
ethical engagements on and off the field.
These Highs School
teams run offenses like pro-set, wishbone, wing-t, I-formation, lone setbacks;
defenses such as 4-6, 5-4, nickel packages,
and even 6-1. When you watch them
play, it is just as exciting as watching a Thursday or Sunday night NFL
game. The only thing missing are the pre
and post-game shows. Coincidentally, you
can catch all the commentating and highlights of all the local games with
Jonathan Husky of WRBL 3 with “In the
Prep Zone” and Dave Platta on WTVM 9
with “Sports Overtime.” Hearing or
watching local high school stars like former Central Red Devil Deon Hill of
Georgia Tech, whom was recently “nominated for the Orange Bowl-Football Writers
Association of America’s Courage Award,” Jonathan Wallace or Gabe Wright of
Auburn University, or Isiah Crowell of the Cleveland Browns, and Jarvais Jones
of the Pittsburgh Steelers on Sunday or Saturday, is prospect for all those top
stars of Thursday or Friday night, who overcome those obstacles in their path as
they play for the end zone.
Tuesday, August 19, 2014
Distribution of Government Power within a State System
Rehabilitation v. Deterrence is the
leading motive for the light burning on the issue of proportionality in the 11th
and 3rd Circuit U.S. Court of Appeals; the issue of preliminary
investigations which has already been decided on in Greer v. Chao, but was not addressed in Wells v. Columbus Technical College when the issue was raised in
Wells’ initial complaint. The lack of
impartiality and abuse of discretion by college hearing officers raises the
question of whether or not the eighth amendment was a mistake by the courts and
legislatures or are the courts and legislatures taking away the eighth
amendment’s ability to restrain state sentencing laws, both mandatory and
discretionary; statute and policy.
Preliminary
investigations are to stipulate the record
of reason, for the purpose of ensuring that due process is followed. A proper preliminary investigation into the
building blocks of an incident is written in most state agencies internal
policies. In addition, a preliminary
investigation ensures the hearing officer gives both parties a neutral and
detached judgment that is in the interest of justice. Also, official internal policies constitute
official state regulations which govern due process. Recently a young boy by the name of Micheal
Brown was shot and killed by St. Louis Police.
Jim Salter of the Associated Press wrote on MSN’s website in an article
entitled, Vandalism, looting after vigil
for Missouri man, "Most came here for a peaceful protest but it takes
one bad apple to spoil the bunch. ... I can understand the anger and unrest but
I can't understand the violence and looting …Deanel Trout, a 14-year resident
of Ferguson, said.” Most Administrative
proceedings are in need of proper preliminary investigations. If you scour the database of court cases of
business and school disciplinary hearings you will see that most conduct a
proper preliminary investigation into the building blocks of the incident
before making a determination of guilt and imposing sanctions. Rehabilitation is usually the result of
performing a proper preliminary investigation because each building block of
the incident sometimes has more weight to it than others; allowing for an
unbiased outcome. Alice Ristroph of the
Duke Law Review wrote that proportionality has its roots in criminal sentencing
of inmates sentenced to Life Without the possibility of Parole, and Death row,
but the civil sanctions of punitive damages in State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 429 (2003),
where “a judgment for $145 million in punitive damages on the grounds that the
award “was neither reasonable nor proportionate to the wrong committed,” and BMW of N. Am., Inc. v. Gore, 517 U.S. 559,
585–86 (1996), where “reversing a judgment for $2 million in punitive
damages as “grossly excessive”. ” The
issues of Proportionality and Preliminary Investigation were not even addressed
by the courts in Wells v. Columbus
Technical College due to the Plaintiff not utilizing the adequate state
remedy of mandamus, as stated in the opinion of the 11th Circuit
court of Appeals and Middle District of Georgia, Columbus division, but were
meritorious enough on their own, along with evidence presented, to warrant a
trial. The state’s interest of the
states comprising the 11th and 3rd Circuit U.S. Court of Appeals is why
college hearing officers can apply penological theories in preliminary
investigations and discretionary sanctions, even when the language of their own
policy is unconstitutional. Even though the
issue of proportionality is still percolating in the 11th and 3rd
Circuit U.S. Court of Appeals, the 11th Circuit decided on
proportionality in two cases cited by the 3rd Circuit. First, in Barnes v. Zaccari 669 F.3d 1295
CA. 11 (GA) 2012, it says, once a
state creates a substantive interest in a government benefit, “federal
constitutional law determines whether that interest rises to the level of a
legitimate claim of entitlement protected by the Due process clause. Secondly, in the controlling cite of Loggins
v. Thomas, it states that, “To create a sentencing scheme whereby life in
prison without the possibility of parole is simply the most severe of a range
of available penalties that the sentencer can impose after hearing evidence in
mitigation and aggravation,” and that “The supreme court has made clear that a
sentence that could constitutionally be imposed by a trial court in the
exercise of discretion is no less constitutional because it is mandatorily
imposed under the requirements of statue.”
People are
speaking of these things and many more before, during, and after they have
happened from Los Angeles’ San Fernando Valley to New Orleans’ Lower Ninth ward
to burros in Staten Island. This talk is
generated by “two great intellectual shifts of the
late twentieth century.” Evinced by a flood that had New York subways looking
like the bottom of an ocean, Russian hackers who amassed over a billion
internet passwords from an American based company, a killer virus that infected
two American doctors in West Africa, and a subway system in Los Angeles that
has been being built since the 1990s.
The execution of a plan depends on the actors involved, the plan itself,
and the plan being either known or unknown, in whole or part to the enemy. A perfect example of this is in
Marvel’s Thor: The Dark World (2013), Malakeith leads an
ancient race to take over the universe, Dr. Jane Foster is infected with the
dark force. Thor takes her back to
Asgard to try and purge it from her system, but it is only one person who can
purge it from her, Malakeith. Thor forms
a very untrusting alliance with Loki as he takes Dr. Foster to Malakeith. Thor finally releases Loki from his
restraints, and Loki stabs him in the “proverbial back”, gives Malakeith the
girl, cuts Thor’s hand off as he calls for his hammer. After Malakeith purges Dr. Foster of the dark
force, the plot that was planned without words and played by ear, is well
executed. For Thor’s plan to work,
Loki’s betrayal had to be real, in light of its overall result. Can you see the imperatives that were
followed here in order to reach one or more desired results? This is a prime example of kantian ethics, prima facia duties, and rights-based ethics.
The lack of proper
preliminary investigations and the abuse of discretion in imposing sanctions is
the result of the “distribution of government power within a state system” or
is it a mistake made by legislatures and the courts? To the officials involved it is Rehabilitation v. Deterrence, but to the
persons on either side of the ‘V’, it is Homicide
v. Homosexuality. Consequently, criminal
deterrence is why government officials have not extinguished the light on proportionality,
as it continues to burn. It burns
because it is a valuable tool used to discredit persons subject to
administrative policy and proceedings in civil matters.
Tuesday, July 15, 2014
Just an Honest Review
Understanding the Court System
The seminal facts
of Wells v. Columbus Technical College
are as followed.
“Mr. Wells, a former welding
student at Columbus Tech, was suspended for
12 months after multiple incidents
of “unacceptable behavior. In the first
incident,
which resulted in a written
warning, Mr. Wells was involved in a verbal and
physical altercation with another
student. The exact details of the second incident
are unclear, but involved Mr. Wells
and two other students. Dr. Linn Storey, Vice-
President of Academic Affairs, read
Mr. Wells the [second- incident] report, and
warned him that another incident
would result in suspension. In the third
incident, Mr. Wells confronted two
of his teachers, Mr. William Cooper and Mr.
Ronnie McBride, and accused them of
lying in the [second-incident] report. After
a
brief verbal exchange, Mr. McBride
asked him to leave, but Mr. Wells refused.
Campus security eventually escorted
Mr. Wells off campus (Wells v Columbus Technical College, 2013) .”
“Vice-President Storey sent Mr. Wells a
suspension letter, which set forth a
12-month suspension for violations
of the Student Code of Conduct. Mr.
Wells
filed a written notice of appeal to
the Office of the President. President
J. Robert
Jones upheld the suspension, citing
Mr. Wells’ “inability to manage [his] anger.”
The procedural history of the case started from the district court and
ended when the plaintiff was denied certiorari by the United States Supreme Court
(Wells v Columbus Technical College, 2013) .”
The main laws that
were violated in this case were procedural and substantive due process claims. For example, denial of a pre-deprivation
hearing and a post-deprivation hearing; not utilizing the adequate state remedy
of mandamus. In addition to these
procedural and substantive due process claims, claims of qualified immunity and
continuing danger were issues that derived from the core issues of denial of
pre and post-deprivation hearings.
The laws that were
violated in this case are civil public
laws that deal with the relationships and disagreements that individuals
and institutions have with the state as a sovereign entity (Carp,
Stidham, & Manning, 2014, pp. 8-9) . Most civil litigation lies within private law (Carp, Stidham, & Manning, 2014, p. 9) , but are not always
subject to prison time. Most of these civil
violations are penalized largely through monetary sanctions called compensatory
and punitive damages, as well as injunctive relief. Incidentally
no sanctions were imposed on the defendants, but the sanctions in this case
would have been extremely large due impart to the asking of the plaintiff and in
the interest of ethics.
In Wells v. Columbus Technical College (2013),
the plaintiff filed his initial complaint in the United States Middle District
Court of Georgia, Columbus division. The
State Attorney General office of Georgia was assigned to handle this particular
case, appointing Laura Lones and Devon Orland to represent the defendants. Choosing to file his 1983 in the U.S. Middle
District of Georgia over the state court of Georgia because his 14th
amendment rights were violated. Mr. Wells
had exhausted all his administrative remedies, and the extra year or two it
would take going through the state system would have been a waste of the plaintiff’s
time. In Mr. Wells’ Rule 40 petition to
the 11th Circuit, the lawyers for the respondents argued that: “Failing to use the adequate state remedy of
mandamus under O.C.G.A. 9-6-20 (McKinney
v. Pate)
is why the District Court and the 11th Circuit [said] Petitioner
failed to state a claim of procedural due process,” because he did not exhaust
all his appeal remedies with the state before filing with the federal
courts. Also that the adequate state remedy of
mandamus did not have to be written in the official statutory language of
CTC/TCSG policy (Reams v. Irwin, 2009) .
The outcome of the case is stated throughout
the eight page opinion of the 11th Circuit court of appeals. The decision was handed down by Circuit
judges Wilson, Jordan, and Anderson, affirming the decision of the district
court. The court ruled that the appellants
were entitled to qualified immunity in both official and individual capacity,
and that an adequate state remedy did exist; “precluding Mr. Wells’
post-deprivation procedural due process claim.” As a result of the “continuing danger”
exception being applied here, the appellant was not entitled to a
pre-deprivation hearing.
In conclusion, as
in all college disciplinary cases a student is owed procedural due process
safeguards that has well been established by the courts stemming from the 60s,
80s, and the 90s. The courts made
rulings that were inconsistent with the facts of the case as argued by the
plaintiff. Comparing the briefs
submitted by the lawyers for the defendants and the decisions handed down by
the courts, one can see how the courts ruled one-sided, in favor of the arguments
made by the lawyers for the defendants.
The District court never made a ruling on the disproportionate
imposition of the12-month suspension (Loggins v. Thomas, 2011) ; and failure to
conduct a preliminary investigation according to college policy. Both were stated in plaintiff’s initial
complaint. Even when these issues were
argued in the plaintiffs non-oral arguments.
Even if the “continuing danger” exception is applied, the 12-month suspension
and failure to conduct a preliminary investigation; is the argument enough to
grant him a trial? When the plaintiff
was not given a post-deprivation hearing according to college policy, the
District court judge should have given him a trial, allowing him the right to
examine and cross-examine witnesses (Carp, Stidham, & Manning, 2014, p. 40) . Coincidentally, the last case decided on the
continuing danger issue by the 11th Circuit court of Appeals was Barnes v. Zaccari (2012). Nonetheless,
if you look at the eight-page opinion by the 11th Circuit in Wells v. Columbus Technical College, the
issue is still percolating. The 3rd
Circuit also had similar problems deciding on the issue of “continuing danger,”
due to the percolating of the issue. The
plaintiff filed his case pro se, and
was not very familiar with the civil process.
Consequently, the formatting of his complaint was not in the style that
the courts would have liked, nor was he taken serious in the filing of his
complaint due to the ‘cultural background’ of the area where the court is
located. “Like the law, judges are
viewed ambivalently by Americans. In
general, judges are held in inordinately high esteem… (Carp, Stidham, & Manning, 2014, p. 18) .” The percolating of issues in our judicial
system are based on timing, evinced by recent landmark decisions by the Supreme
Court. If I were a judge in this case,
it would have gone to trial. As a result
of going to trial witnesses and evidence would have been disclosed bringing
forth what the judge was not allowed to see through non-oral arguments. Moreover, this case was one where facts and
evidence that were presented by the plaintiff were not even considered due to
unknown reasons not stated in either the district court’s opinion or the 11th
Circuits opinion. I know that Allah does
everything for a reason, I just want to know exactly why justice did not
prevail in this case where facts and evidence were correctly argued and
presented.
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