|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
The Internet of Things is in the early stages of mainstream deployment but it promises to unlock value and rapidly transform how organizations manage, operationalize, and monetize their assets. IoT is a complex structure of hardware, sensors, applications, analytics and devices that need to be able to communicate geographically and across all functions. Once the data is collected from numerous endpoints, the challenge then becomes converting it into actionable insight.
Sep. 4, 2015 12:30 PM EDT Reads: 121
SYS-CON Events announced today that Micron Technology, Inc., a global leader in advanced semiconductor systems, will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Micron’s broad portfolio of high-performance memory technologies – including DRAM, NAND and NOR Flash – is the basis for solid state drives, modules, multichip packages and other system solutions. Backed by more than 35 years of tech...
Sep. 4, 2015 12:00 PM EDT Reads: 295
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...
Sep. 4, 2015 12:00 PM EDT Reads: 110
SYS-CON Events announced today that IceWarp will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. IceWarp, the leader of cloud and on-premise messaging, delivers secured email, chat, documents, conferencing and collaboration to today's mobile workforce, all in one unified interface
Sep. 4, 2015 12:00 PM EDT Reads: 499
As more and more data is generated from a variety of connected devices, the need to get insights from this data and predict future behavior and trends is increasingly essential for businesses. Real-time stream processing is needed in a variety of different industries such as Manufacturing, Oil and Gas, Automobile, Finance, Online Retail, Smart Grids, and Healthcare. Azure Stream Analytics is a fully managed distributed stream computation service that provides low latency, scalable processing of ...
Sep. 4, 2015 11:45 AM EDT Reads: 398
U.S. companies are desperately trying to recruit and hire skilled software engineers and developers, but there is simply not enough quality talent to go around. Tiempo Development is a nearshore software development company. Our headquarters are in AZ, but we are a pioneer and leader in outsourcing to Mexico, based on our three software development centers there. We have a proven process and we are experts at providing our customers with powerful solutions. We transform ideas into reality.
Sep. 4, 2015 11:45 AM EDT Reads: 584
17th Cloud Expo, taking place Nov 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterprises ar...
Sep. 4, 2015 11:00 AM EDT Reads: 1,615
Everyone talks about continuous integration and continuous delivery but those are just two ends of the pipeline. In the middle of DevOps is continuous testing (CT), and many organizations are struggling to implement continuous testing effectively. After all, without continuous testing there is no delivery. And Lab-As-A-Service (LaaS) enhances the CT with dynamic on-demand self-serve test topologies. CT together with LAAS make a powerful combination that perfectly serves complex software developm...
Sep. 4, 2015 11:00 AM EDT Reads: 250
In 2014, the market witnessed a massive migration to the cloud as enterprises finally overcame their fears of the cloud’s viability, security, etc. Over the past 18 months, AWS, Google and Microsoft have waged an ongoing battle through a wave of price cuts and new features. For IT executives, sorting through all the noise to make the best cloud investment decisions has become daunting. Enterprises can and are moving away from a "one size fits all" cloud approach. The new competitive field has ...
Sep. 4, 2015 11:00 AM EDT Reads: 191
SYS-CON Events announced today the Containers & Microservices Bootcamp, being held November 3-4, 2015, in conjunction with 17th Cloud Expo, @ThingsExpo, and @DevOpsSummit at the Santa Clara Convention Center in Santa Clara, CA. This is your chance to get started with the latest technology in the industry. Combined with real-world scenarios and use cases, the Containers and Microservices Bootcamp, led by Janakiram MSV, a Microsoft Regional Director, will include presentations as well as hands-on...
Sep. 4, 2015 11:00 AM EDT Reads: 427
SYS-CON Events announced today that the "Second Containers & Microservices Expo" will take place November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Containers and microservices have become topics of intense interest throughout the cloud developer and enterprise IT communities.
Sep. 4, 2015 10:45 AM EDT Reads: 662
Moving an existing on-premise infrastructure into the cloud can be a complex and daunting proposition. It is critical to understand the benefits as well as the challenges associated with either a full or hybrid approach. In his session at 17th Cloud Expo, Richard Weiss, Principal Consultant at Pythian, will present a roadmap that can be leveraged by any organization to plan, analyze, evaluate and execute on a cloud migration solution. He will review the five major cloud transformation phases a...
Sep. 4, 2015 10:15 AM EDT Reads: 128
eCube Systems has released NXTmonitor, a full featured application orchestration solution. NXTmonitor, which inherited the code base of NXTminder, has been extended to support multi-discipline processes and will act as a DevOps utility in a heterogeneous enterprise environment. Previously, NXTminder was packaged with NXTera middleware to configure and manage Entera and NXTera RPC servers. “Since we are widening the focus of this solution to DevOps, we felt the need to change the name to NXTmon...
Sep. 4, 2015 10:00 AM EDT Reads: 146
Mobile, social, Big Data, and cloud have fundamentally changed the way we live. “Anytime, anywhere” access to data and information is no longer a luxury; it’s a requirement, in both our personal and professional lives. For IT organizations, this means pressure has never been greater to deliver meaningful services to the business and customers.
Sep. 4, 2015 10:00 AM EDT Reads: 870
WebRTC services have already permeated corporate communications in the form of videoconferencing solutions. However, WebRTC has the potential of going beyond and catalyzing a new class of services providing more than calls with capabilities such as mass-scale real-time media broadcasting, enriched and augmented video, person-to-machine and machine-to-machine communications. In his session at @ThingsExpo, Luis Lopez, CEO of Kurento, will introduce the technologies required for implementing thes...
Sep. 4, 2015 10:00 AM EDT Reads: 136