|By PR Newswire||
|January 10, 2014 02:47 PM EST||
JUVENILE LAW CENTER NOTES GROUND-BREAKING FINDING OF JUDICIAL LIABILITY
PHILADELPHIA, Jan. 10, 2014 /PRNewswire-USNewswire/ -- Late yesterday, the U.S. District Court for the Middle District of Pennsylvania granted plaintiffs' motion for partial summary judgment against former Luzerne County Juvenile Court Judge Mark Ciavarella, the judge at the center of the now infamous 'kids for cash' scandal. Specifically, U.S. District Court Judge A. Richard Caputo found that Ciavarella violated the constitutional rights of the children who appeared before him to an impartial tribunal, as guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. Ciavarella is currently serving a 28-year federal prison sentence following his criminal conviction in February 2011 on charges arising out of the scandal.
While American courts have a long history of protecting judges from suit by litigants who have appeared before them, Judge A. Richard Caputo ruled that Ciavarella is not immune from suit for his non-judicial conduct associated with the violation of the children's rights. "Judicial immunity does not shelter Ciavarella's 'non-judicial conduct,'" the court noted, explaining that judicial acts traditionally include "issuing orders, resolving cases and controversies, making rulings, and sentencing criminal defendants."
In the 'kids for cash' civil lawsuit, the court found that certain of Ciavarella's actions were not protected under the judicial immunity doctrine, including Ciavarella's participation in a conspiracy to enact zero tolerance policies. The court specifically found that while Ciavarella served as judge of the juvenile court, he enacted an administrative policy that dictated instances in which probation officers had to file charges against and detain juveniles in Luzerne County. In his order, Judge Caputo states, "Ciavarella's enactment and expansion of a zero tolerance policy dictating how probation officers were to handle violations of probation and other charging decisions fall outside the scope of judicial action… Because Ciavarella's enactment and expansion of the zero tolerance policy were non-judicial acts, judicial immunity does not shield this conduct."
The court also found that Ciavarella's role in closing the former Luzerne County Juvenile Detention Center to make way for the construction and exclusive use of the private, for-profit Pennsylvania Child Care facility, as well as his monitoring of the financial success of that facility and concealment of the more than $2.7 million he and former Judge Michael Conahan received from the former co-owner and developer of the facility, were likewise non-judicial acts. Judge Caputo further states, "Ciavarella and Conahan kept track of the number of children sent to the facility and how PACC was doing financially. Ciavarella continued to monitor the profitability of PACC until 2008. Ciavarella's role in closing the River Street facility set the conspiracy in motion. Thus, the undisputed material facts establish that Ciavarella knew, or he should have known, that his role in the closure of the River Street facility and his concealment of his interest in its closure (and the resulting opening of the PACC facility while he served as judge of the juvenile court) would deprive Plaintiffs of an impartial tribunal."
The court's finding that Ciavarella's enactment of zero tolerance policies falls outside the scope of judicial immunity is especially significant. It follows by one day the announcement of new guidelines and recommendations by the United States Departments of Justice and Education to roll-back zero tolerance policies that have created a school to prison pipeline and mete out discipline disproportionately to students of color. The decision should put other judges on notice of their potential liability for participating in the enactment of policies that interfere with children's rights or undermine key principles of our justice system.
"Of the 2500 children who appeared before Ciavarella between 2003-2008, the duration of this illegal conspiracy, a substantial number of them were referred by the schools in Luzerne County," noted Marsha Levick, Deputy Director and Chief Counsel of Juvenile Law Center and co-counsel for plaintiffs in the lawsuit. "Luzerne County exposed the dark side of zero tolerance policies, resulting in the loss of key educational opportunities for too many children who still struggle today to get their lives back on track. With this decision and the new federal guidelines, we have new tools to return school discipline to the principal's office, rather than the courtroom."
Juvenile Law Center is the oldest national, non-profit, public interest law firm to advance and protect the rights and well-being of children in the child welfare and juvenile justice systems. Juvenile Law Center is also a resource for other legal advocacy groups across the nation. For more information, please call Marie Yeager at 717-817-3333 or to read the full opinion visit www.jlc.org.
SOURCE Juvenile Law Center
Let’s face it, embracing new storage technologies, capabilities and upgrading to new hardware often adds complexity and increases costs. In his session at 18th Cloud Expo, Seth Oxenhorn, Vice President of Business Development & Alliances at FalconStor, will discuss how a truly heterogeneous software-defined storage approach can add value to legacy platforms and heterogeneous environments. The result reduces complexity, significantly lowers cost, and provides IT organizations with improved effi...
Feb. 9, 2016 08:15 AM EST Reads: 222
With the Apple Watch making its way onto wrists all over the world, it’s only a matter of time before it becomes a staple in the workplace. In fact, Forrester reported that 68 percent of technology and business decision-makers characterize wearables as a top priority for 2015. Recognizing their business value early on, FinancialForce.com was the first to bring ERP to wearables, helping streamline communication across front and back office functions. In his session at @ThingsExpo, Kevin Roberts...
Feb. 9, 2016 08:00 AM EST Reads: 360
Data-as-a-Service is the complete package for the transformation of raw data into meaningful data assets and the delivery of those data assets. In her session at 18th Cloud Expo, Lakshmi Randall, an industry expert, analyst and strategist, will address: What is DaaS (Data-as-a-Service)? Challenges addressed by DaaS Vendors that are enabling DaaS Architecture options for DaaS
Feb. 9, 2016 08:00 AM EST Reads: 335
One of the bewildering things about DevOps is integrating the massive toolchain including the dozens of new tools that seem to crop up every year. Part of DevOps is Continuous Delivery and having a complex toolchain can add additional integration and setup to your developer environment. In his session at @DevOpsSummit at 18th Cloud Expo, Miko Matsumura, Chief Marketing Officer of Gradle Inc., will discuss which tools to use in a developer stack, how to provision the toolchain to minimize onboa...
Feb. 9, 2016 07:45 AM EST
Cognitive Computing is becoming the foundation for a new generation of solutions that have the potential to transform business. Unlike traditional approaches to building solutions, a cognitive computing approach allows the data to help determine the way applications are designed. This contrasts with conventional software development that begins with defining logic based on the current way a business operates. In her session at 18th Cloud Expo, Judith S. Hurwitz, President and CEO of Hurwitz & ...
Feb. 9, 2016 07:15 AM EST Reads: 214
It's easy to assume that your app will run on a fast and reliable network. The reality for your app's users, though, is often a slow, unreliable network with spotty coverage. What happens when the network doesn't work, or when the device is in airplane mode? You get unhappy, frustrated users. An offline-first app is an app that works, without error, when there is no network connection.
Feb. 9, 2016 07:00 AM EST Reads: 181
The principles behind DevOps are not new - for decades people have been automating system administration and decreasing the time to deploy apps and perform other management tasks. However, only recently did we see the tools and the will necessary to share the benefits and power of automation with a wider circle of people. In his session at DevOps Summit, Bernard Sanders, Chief Technology Officer at CloudBolt Software, explored the latest tools including Puppet, Chef, Docker, and CMPs needed to...
Feb. 9, 2016 06:45 AM EST Reads: 290
The cloud promises new levels of agility and cost-savings for Big Data, data warehousing and analytics. But it’s challenging to understand all the options – from IaaS and PaaS to newer services like HaaS (Hadoop as a Service) and BDaaS (Big Data as a Service). In her session at @BigDataExpo at @ThingsExpo, Hannah Smalltree, a director at Cazena, will provide an educational overview of emerging “as-a-service” options for Big Data in the cloud. This is critical background for IT and data profes...
Feb. 9, 2016 06:45 AM EST Reads: 166
Father business cycles and digital consumers are forcing enterprises to respond faster to customer needs and competitive demands. Successful integration of DevOps and Agile development will be key for business success in today’s digital economy. In his session at DevOps Summit, Pradeep Prabhu, Co-Founder & CEO of Cloudmunch, covered the critical practices that enterprises should consider to seamlessly integrate Agile and DevOps processes, barriers to implementing this in the enterprise, and pr...
Feb. 9, 2016 06:30 AM EST Reads: 351
SYS-CON Events announced today that Men & Mice, the leading global provider of DNS, DHCP and IP address management overlay solutions, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. The Men & Mice Suite overlay solution is already known for its powerful application in heterogeneous operating environments, enabling enterprises to scale without fuss. Building on a solid range of diverse platform support,...
Feb. 9, 2016 06:15 AM EST Reads: 173
Advances in technology and ubiquitous connectivity have made the utilization of a dispersed workforce more common. Whether that remote team is located across the street or country, management styles/ approaches will have to be adjusted to accommodate this new dynamic. In his session at 17th Cloud Expo, Sagi Brody, Chief Technology Officer at Webair Internet Development Inc., focused on the challenges of managing remote teams, providing real-world examples that demonstrate what works and what do...
Feb. 9, 2016 06:00 AM EST Reads: 251
With the proliferation of both SQL and NoSQL databases, organizations can now target specific fit-for-purpose database tools for their different application needs regarding scalability, ease of use, ACID support, etc. Platform as a Service offerings make this even easier now, enabling developers to roll out their own database infrastructure in minutes with minimal management overhead. However, this same amount of flexibility also comes with the challenges of picking the right tool, on the right ...
Feb. 9, 2016 05:30 AM EST Reads: 126
As enterprises work to take advantage of Big Data technologies, they frequently become distracted by product-level decisions. In most new Big Data builds this approach is completely counter-productive: it presupposes tools that may not be a fit for development teams, forces IT to take on the burden of evaluating and maintaining unfamiliar technology, and represents a major up-front expense. In his session at @BigDataExpo at @ThingsExpo, Andrew Warfield, CTO and Co-Founder of Coho Data, will dis...
Feb. 9, 2016 05:30 AM EST Reads: 155
In most cases, it is convenient to have some human interaction with a web (micro-)service, no matter how small it is. A traditional approach would be to create an HTTP interface, where user requests will be dispatched and HTML/CSS pages must be served. This approach is indeed very traditional for a web site, but not really convenient for a web service, which is not intended to be good looking, 24x7 up and running and UX-optimized. Instead, talking to a web service in a chat-bot mode would be muc...
Feb. 9, 2016 05:15 AM EST Reads: 222
More and more companies are looking to microservices as an architectural pattern for breaking apart applications into more manageable pieces so that agile teams can deliver new features quicker and more effectively. What this pattern has done more than anything to date is spark organizational transformations, setting the foundation for future application development. In practice, however, there are a number of considerations to make that go beyond simply “build, ship, and run,” which changes ho...
Feb. 9, 2016 05:15 AM EST Reads: 185