Florida Institutional Legal Services and Florida Legal Services filed the lawsuit Friday in Tallahassee on behalf of youths incarcerated at the juvenile facility, now called the North Florida Youth Development Center, and their parents.

It names the defendants as Wansley Walters, secretary of the Florida Department of Juvenile Justice; Michael Cantrell, operations and program manager of the center; and Teion Wells Harrison, the designated mental health authority of the center.

The lawsuit describes inappropriate treatment for youths with mental illness or developmental disabilities. The boys are subjected to isolation for days or weeks and are abused by staff, rather than counseled and treated, the lawsuit says.

But the final straw came when he wasn’t paid at all for seven 10-12 hour days he’d worked shortly before Thanksgiving, he says. His calls to the agency weren’t returned, and when he went in person to demand his money, he said a manager claimed he and his work partner, Leo Williamson, had never worked those days at all.

So Hines and Williamson are among eight named plaintiffs in a class action lawsuit filed today in federal court charging Reliable Staffing, its owner Daniel Gallagher and Schneider Logistics, which runs the Wal-Mart warehouse in Elwood, Ill., with violating state and federal labor laws.

When former Reliable Staffing workers marched into the agency last Monday demanding pay and billing records (as is their right under the Illinois Day and Temporary Labor Services Act), they were not given any records and, they say, were greeted with hostility by Gallagher.

Under the Illinois day labor act, considered one of the nation’s strongest such laws, the workers have the right to see what Reliable Staffing billed Schneider for their work, and what it paid them. If the hours and/or piece rates reported to Schneider and reported to the workers themselves don’t add up, it could show Reliable Staffing was intentionally not paying workers for their labor.

The plaintiffs think that was standard practice at the company.

“The lady looked me in the face and said I have no recollection of you working,” said Hines, 37. “I got vulgar comments, a snazzy attitude from them. And I was breaking my back for peanuts, or to not even be paid at all.”

The lawsuit alleges violations of the aforementioned Illinois Day and Temporary Labor Services Act, along with the Fair Labor Standards Act, the Illinois Minimum Wage Law and the Illinois Wage Payment and Collection Act. Allegations include unpaid overtime, failure to pay state and federal minimum wage and failure to pay at least four hours’ wages when workers were called in to work, as mandated by the day labor services act.

The lawsuit says that plaintiffs who worked for Reliable Staffing from 2006 on were promised $10 an hour, plus a piece rate for unloading trucks, including a higher “premium” piece rate for heavier goods. It alleges they were not paid the piece rate as promised, and that in fact workers were often paid less than state and federal minimum wage along with not being paying overtime.

Hines said that at the rate promised, his paychecks for working often from 6 a.m. to 6 p.m. should have been at least $300 a week – not counting overtime, which he also should have been due. But he was usually paid $239.

The suit also alleges workers were not paid for mandatory waiting time, adding up to multiple hours per week. It says that when one defendant wrote his arrival time on a sign-in sheet, a supervisor actually tore the sheet up.

"Reliable Staffing actually did not keep track of people's hours," said attorney Chris Williams. "That's illegal. Even if you are paying a piece rate, under federal law you need to show that adds up to at least minimum wage."

And the suit alleges Reliable Staffing violated state laws by failing to provide workers with documentation of where and for which third party they would be working, the nature of the work and how much they would be paid. The suit basically alleges that workers were paid the $10 piece rate only – often divided between two or three workers, workers say – and then the employer simply made up the number of hours the worker supposedly worked by dividing the piece rate by 10.

“The check stub is a fiction—their check stub could show they worked 36 hours when they really worked 72 hours,” said Williams. That’s why, Williams said, it’s so important the workers are able to demand their billing records under the state day labor services act.

“The workers are supposed to be able to go into the office and get this information themselves,” Williams said. “But unfortunately the law isn’t working. That’s why we had to take this to federal court.”

The suit says:

In fact, Defendants Reliable and Gallagher provided Plaintiffs and similarly situated laborers with check stubs that contained false information, showing the final gross compensation to the laborer divided by $10.00, thereby showing a number of hours worked on the check stub that bears no relationship to the actual number of hours worked…

Rather than provide Plaintiffs and the Class with the actual hours worked, Defendants Reliable and Gallagher provided Plaintiffs and the Class with a fictional number of hours worked and a fictional pay rate as described in paragraph.

The lawsuit adds that failing to provide workers documentation of their employment terms makes it easier for employers to cheat workers, saying:

The Illinois legislature found that such at-risk workers are particularly vulnerable to abuse of their labor rights, including unpaid wages, failure to pay for all hours worked, minimum wage and overtime violations, and unlawful deduction from pay for meals, transportation, equipment and other items.

The workers’ want unpaid wages, going back up to three years. The lawsuit also asks for statutory damages on some counts, attorneys’ fees, and that the company be blocked from violating these laws in the future. The suit notes that under the day labor services act, third party companies like Schneider that hire staffing companies are liable and legally responsible for any unpaid wages by the staffing company.

Depending on how the law is interpreted, it’s possible Wal-Mart itself could be liable.

“Hopefully this lawsuit will trickle down and help not just us but other people,” said Hines. “Maybe they’ll wake up and see that they have to treat people fairly if they want to get more out of us. Now they’re sitting there high on the hog, eating nice food, while we’re on the dollar menu at McDonald’s.”
 

"He holds no grudge against the state of Texas," the lawsuit says about Graves. Prosecutors said publicly in October that he was innocent, but the Texas comptroller denied him compensation under the Timothy Cole Compensation Act because the document ordering his release did not contain the words "actual innocence."

Graves did not seek an order compelling Comptroller Susan Combs to pay the compensation because he believes she erred in interpreting a relatively new and untested law and will correct it upon receiving the court order, the lawsuit says.

Graves, 45, also does not want to sue state officials or Burleson County, where he was convicted in 1992 in the slayings of a grandmother and five children, his lawyers said.

"Anthony Graves just wants the compensation money," said his lead attorney, Jeff Blackburn. "He's one of the most decent guys I've known."

Blackburn said his client would prefer not to pursue a civil lawsuit against Burleson County. "From a lawyer's point of view, Anthony has a terrific civil rights case," he said. "From his point of view, he wants to get on with his life."

The state would end up paying millions of dollars more in compensation and legal fees if Anthony were forced to file a conventional civil lawsuit, Blackburn said.

"The amount of compensation money (under the compensation act) he would get would be a fraction of what he deserves for what he was put through by the state of Texas," he said. "They have the opportunity to buy justice cheaply in this case."

Under the Cole Act, Graves would be eligible for $80,000 for each year he was incarcerated.

The lawsuit names Texas Attorney General Greg Abbott as a defendant but seeks no action from his office. The attorney general is named to satisfy a requirement of the Uniform Declaratory Judgment Act, Blackburn said.

"In this case the attorney general is the right person to be involved," he said. "Someone has to speak for the state and he is the most appropriate party."

Blackburn said the lawsuit may be the first to use state Uniform Declaratory Judgment Act to seek a declaration of innocence. "As far as I know this has never been done before," he said.

The lawsuit cites the sections of the Texas Constitution guaranteeing every person "remedy by due course of law," and equal rights under the law as reasons for a declaration of innocence.

"It's the Declaratory Judgment Act that give the court the ability to do something about those rights," Blackburn said.

The lawsuit cites strong support for Graves' quest for compensation from Gov. Rick Perry and state legislators.

Mr. Gajdos was laid off by the school board in June along with 13 other employees and later filed suit in U.S. District Court maintaining that his termination violated his five-year employment contract with the district. The suit said his contract was supposed to run from Dec. 10, 2007 to Dec. 9, 2012. His annual salary was $53,430.

The school board voted 5-4 on Feb. 17 to approve the settlement. The district released the financial terms today in response to a Right To Know request filed by the Post-Gazette.

According to the agreement the district's insurance carrier was to pay Mr. Gajdos $43,075 and his attorney Joseph Chivers $21,925. In return, Mr. Gajdos agreed to drop all claims against the district and to not seek to be reinstatement with the district. He also agreed that he will not discuss or reveal the terms of the agreement.

By Mary Niederberger, Pittsburgh Post-Gazette
 

A discrimination lawsuit filed Friday in U.S. District Court on behalf of four black women claims the company gave preferential treatment to Latino applicants and workers, many of whom were illegal immigrants from Mexico. The lawsuit, which represents only one side of a legal argument, seeks class-action status.

Immigration agents detained nearly 600 illegal immigrants at Howard Industries' electrical transformer plant in Laurel in 2008. It was the largest such raid in U.S. history. The company pleaded guilty last week to conspiracy to violate immigration laws and was fined $2.5 million.

A woman who answered the phone Monday at Howard Industries declined to give her name and said the company had no comment on the lawsuit.

The lawsuit claims that one of the plaintiffs, Charlyn Dozier, applied for a job with Howard Industries every three to six months beginning in 2002, but wasn't offered a position until after the 2008 raid.

The other plaintiffs make similar allegations. Their attorney, Lisa M. Ross, did not immediately respond to a message Monday.

The lawsuit claims Howard Industries not only knew it was hiring illegal immigrants, but instructed some on how to get false identities and concealed the fact that hundreds of employees were illegal immigrants.

In the days after the raid, hundreds of people lined up outside the plant to apply for jobs. Jobs at Howard Industries were among the most coveted in the area, which is in Mississippi's Pine Belt region and is home to a commercial timber industry and chicken processing plants. Howard Industries makes dozens of products from electrical transformers to medical supplies. It had been considered one of Mississippi's most successful private companies.

SAN FRANCISCO, Feb 28 (Reuters) - A marine salvage company has filed suit against the $20 billion Gulf Coast Claims Facility and Kenneth Feinberg, alleging negligence and fraud by the compensation fund and its administrator.

A 42-page complaint was filed in state court in Florida on behalf of Pinellas Marine Salvage Inc, which operates on the Gulf Coast, and founder John Mavrogiannis.

The Gulf Coast Claims Facility, administered by Feinberg, was established to compensate victims of the BP Plc oil disaster in the Gulf of Mexico.

In the lawsuit, the plaintiffs allege Feinberg and the fund "circumvent many of the rights provided to victims of the BP oil spill under the Oil Pollution Act of 1990," and employ a "delay, deny, defend" strategy against claimants, according to a press release sent out by attorney Brian Donovan.

The plaintiffs are seeking economic, compensatory, and punitive damages.

(Reporting by Gabriel Madway)

The suit filed in U.S. District Court in Greenbelt by Stephanie D. Younger of Waldorf, mother of crash victim Ashley Younger, is expected to be the last of several filed against the FAA, according to the law firm representing the plaintiff. The state of Maryland is among those who have sued the agency.

At the time of the crash, 17-year-old Ashley Younger was being transported to Prince George's Hospital Center for treatment of injuries she received in an automobile crash near Waldorf on the night of Sept. 27, 2008.

The helicopter, known as Trooper 2, crashed in rainy weather, killing the pilot, a paramedic and an emergency medical technician in addition to the teenager.
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The National Transportation Safety Board concluded that the primary cause of the crash was pilot Stephen H. Bunker's decision to make a rapid descent and his misjudgment of weather conditions before he took off. But the board also criticized the performance of FAA air traffic controllers at Ronald Reagan Washington National Airport and Andrews.

The lawsuit claims the controllers were unresponsive and inattentive after Bunker told them he had encountered deteriorating weather conditions that were preventing him from continuing the flight to the hospital. Among other lapses, the suit alleges that controllers gave the pilot outdated weather information that exaggerated the level of visibility as Bunker attempted an emergency landing at Andrews.

Charles Miller, a spokesman for the U.S. Justice Department, said lawyers would have to review the lawsuit before deciding how to answer it. In response to a previous suit brought by the widow of paramedic Mickey Lippy, the department pointed to the pilot's actions as the cause of the crash.

The lawsuit will be the last filed against the FAA in the case, according to plaintiff's lawyer Cara J. Luther. She said that Stephanie Younger, who represents her daughter's estate, is the last of those who filed the required claims against the government to file suit.

The lawsuit does not specify an amount of damages but leaves that determination to the court.

Pregnancy Discrimination Lawsuit Against Simon Property Group Filed As A Result of Management's Conduct at Stanford Shopping Center

A lawsuit alleging pregnancy and sexual discrimination along with wrongful termination has been filed against Simon Property Group, Inc. Duran worked for the onsite Stanford Shopping Center mall management team for SPG which according to their website (www.simon.com) is an S&P 500 company and the largest real estate company in the U.S. SPG, according to the site, currently owns or has an interest in 393 properties including the Stanford Shopping Center.

In the lawsuit, Duran claims that during the first nine months of her employment and prior to announcing her pregnancy, she was frequently praised for her excellent work performance by both the Director of Marketing and the Stanford Shopping Center mall manager.
“"Pregnancy discrimination affects a range of women, from those in entry-level jobs as well as those in executive positions. No woman should lose her job simply because she decided to have a child,"”

On or about August 3 of 2009, Duran says that she informed her boss that she was pregnant. The complaint states that Duran was immediately told to deal with her personal issues by taking medical leave through the state of California disability insurance program. Even though Duran told her employer that she wished to continue working and did not require any additional time-off beyond scheduled doctor visits the Stanford Shopping Center management team began creating a hostile work environment and threatened Duran with the loss of her medical benefits.

When Duran went on approved maternity leave she took a leave of absence under the company's disability leave policy and an additional six weeks under The Family & Medical Leave Act (FMLA). In California, an employee can take up to four months of protected leave for the birth of a child. Just five days before she was scheduled to return back to work, Duran was informed that she was fired from her position at the Stanford Shopping Center and that someone else had been hired to replace her. Simon Property Group told Duran that she should have received a letter confirming her return to work date, which she did not. Duran was also told that she terminated because she did not return to work, but their statement is pretext for pregnancy discrimination because Duran emailed them her return to work date. Duran has a copy of the email submitted to multiple Simon Property Group management and human resources employees. California also requires employers to return an employee who takes leave under the act to the same or comparable position at the conclusion of the employee’s leave.

Her Attorney Kelly Armstrong says, "Title VII protects every woman’s right to be free from pregnancy discrimination. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII which covers employers with 15 or more employees, including state and local governments."

According to the U.S. Equal Employment Opportunity Commission, the number of pregnancy discrimination claims has climbed nearly 30 percent since 2005.

"Pregnancy discrimination is a growing problem in this country. Pregnancy discrimination affects a range of women, from those in entry-level jobs as well as those in executive positions. No woman should lose her job simply because she decided to have a child," said Armstrong. Discrimination based on family responsibilities also affects a wide-range of Fortune 500 companies throughout the United States. "In this case we have an Indiana-based company that discriminated against a woman simply because she was pregnant and took pregnancy leave. In California, the law protects pregnant women who go on leave from their jobs," added Armstrong.

Online PR News – 18-February-2011 –San Francisco, CA

The parents of a Jacksonville Beach woman killed two years ago in a commuter airline crash outside Buffalo, N.Y., are suing the aircraft's manufacturer.

John and Marilyn Kausner, the parents of Ellyce Kausner, filed a lawsuit this month in U.S. District Court in Jacksonville against Bombardier, makers of the Dash 8-Q400 aircraft that crashed Feb. 12, 2009.

A National Transportation Safety Board investigation concluded the crew operating the aircraft was largely to blame, but the lawsuit says Bombardier was "negligent and careless" in the design of the plane by not providing more efficient internal mechanical warning systems.

"It includes warnings to the flight crew that the air speed was getting dangerously slow and could eventually result in a stall, which is what happened," said Dan Rose, a New York attorney who represents the Kausners. The suit also complains that the plane's icing warning system was inadequate.

"The low-speed warning and the design on the systems of the plane could have been designed better," said Rose.

A message left seeking comment from Bombardier attorney Richard Musat in Colorado was not returned.

Ellyce Kausner, who lived in Jacksonville Beach, was a 24-year-old student at the Florida Coastal School of Law. She was a member of a tight-knit group of about a dozen young professionals at the Beaches.

Ellyce Kausner was a transplant to Florida and immediately adapted to the lifestyle. She surfed and water-skied and was popular among friends who said she was always up for adventure.

She was traveling to see her family in New York when the plane slammed into a neighborhood outside of Buffalo.

The suit follows another federal suit in New York already filed against Continental Airlines, Colgan Air and Pinnacle Airways.

"The fundamental claim is against the airlines, but the airlines raised the issue of the aircraft being a contributory factor to the crash," said Rose. "Our focus still remains on the egregious conduct on the airlines."

Much of the conduct from the airlines relating to the crash was released and debated during hearings before the U.S. Senate in May 2009.

In that hearing, attended by many of the crash victims' relatives, transcripts of cockpit conversations showed flight crew members were talking casually among themselves, joking and pondering career advancement moments before the crash when the plane was under 10,000 feet, a violation of flight policy. The pilots also failed to notice a dramatic decrease in the aircraft's speed, which dipped from 207 to 150 mph, NTSB officials said.

One of the pilots was also apparently not trained in dealing with a "stick pusher," an automatic response built into the plane's controls to indicate possible trouble as an alert that moves the joystick, the NTSB stated.

Rose said Kausner's family wanted the lawsuit against Bombardier filed this month so any claims could not be dismissed after a two-year statute of limitations took effect.

Rose said he also represents 19 other victims' families, each filing suits separately, not a class action suit.

By Drew Dixon
 

Ablene Cooper, who works for author Kathryn Stockett's brother, claims the character Aibileen Clark was based on her.

The Help author Kathryn Sockett is being sued by 60-year-old Ablene Cooper for using her name and likeness for one of the two main characters in the best-selling novel without her permission, according to the New York Times.
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DreamWorks nabs rights to novel 'The Help'

Like the real Ablene Cooper, The Help’s Abileen Clark is a middle-aged African-American maid who has a grown son that dies just before the birth of her white employer’s first child, has a gold tooth, and is called “Aibee” by the family.

The suit filed in Mississippi state court asks for $75,000 in damages. An interesting twist is that Cooper works for Kathryn Stockett’s brother and sister-in-law. Cooper says the two support her lawsuit.

The movie version starring Emma Stone, Alison Janney, and Bryce Dallas Howard is scheduled for an August 2011 release by DreamWorks via Disney. The book has spent 97 weeks on the NYT bestseller list.
 

The family of an injured 12-year old Wilton cheerleader is suing her coach and the town youth football league.

The family filed a negligence lawsuit on Thursday claiming that the coach permitted her and her teammates to do a move that was “beyond their capabilities.”

As a result, the girl suffered permanent injuries in March 2009 when she fell to the ground and broke her right elbow and arm after being thrown into the air by her teammates during a maneuver called the "bucket toss."

Attorney Mary Ann Connors told The Connecticut Post the breaks resulted in the girl's arm being "permanently fixed at an angle."

The lawyer for the coach and Wilton Youth Football Inc. was unavailable for comment.

10:00 PM PST on Monday, February 14, 2011

By RICHARD K. DE ATLEY
The Press-Enterprise

A judge on Monday upheld a $52.1 million verdict jurors awarded the City of Victorville in its negligence lawsuit against an engineering firm that the city said had mismanaged a failed energy plant project.

Riverside County Superior Court Judge Ronald L. Taylor also denied motions for a new trial in the case. His rulings concluded a morning of sometimes heated arguments by attorneys that included a counsel misconduct allegation.

Attorneys for the Carter & Burgess engineering company have a month to file a notice of appeal for the case. The company is now known as Jacobs Engineering Group Inc.

The case is the first-ever for California in which a jury determined an engineering company had breached a fiduciary duty -- a position of trust rather than a business relationship.

Court observers anecdotally believe it is the largest jury award ever made in Riverside County. No records are kept on such matters.

In 2004, Victorville said it took the advice of Carter & Burgess to start its own energy plant rather than paying 10 percent of Southern California Edison rates as an incentive to bring new businesses to the high desert community.

The resulting Foxborough Cogeneration Power Plant was a failure. Costs soared from an estimated $22 million. The city wound up spending about $120 million.

Victorville claimed that was due to errors in projections by the engineering firm. Carter & Burgess said the city wanted midstream changes that drove up costs.

Foxborough was partly constructed but abandoned as cost-ineffective in 2006. What had been built was offered for sale and has recouped about $8 million.

In court Monday, an attorney for Victorville said losses to the city amounted to more than $60 million.

Among the arguments seeking a new trial, attorneys for Carter & Burgess claimed Victorville's lawyers misled jurors by suggesting that a key witness, the project manager, had access to all of his communications with the city.

That hurt the manager's claims that he had acted responsibly but could not refer to any documents to back that up. His testimony was badly damaged under cross-examination.

Carter & Burgess attorney Paul A. Lax said both sides had the same partial electronic document file on the Foxborough project that had been salvaged from the archives of the city's contracted host server.

He said while more than 2,500 files were recovered, no attachment files that carried important data and conclusions had survived.

"It was misrepresented that attorneys for Carter & Burgess had that material, but it was no different than the fragmentary file the city had," Lax argued. He called it a "gross misconduct of counsel."

Attorney Glenn E. Turner III for Victorville said the electronic database was not the only source for those documents.

"When you run out of things to say, you start making things up," he said of Lax's claim. "If you are missing something, you go to other parties." Marion Hack, also representing the city, said hard copies of the documents were also available.

Taylor ruled that the issue of incomplete electronic files did not amount to new post-trial evidence, and denied the claim that any attorney misconduct took place.

By Melanie Evans
Posted: February 14, 2011 - 2:45 pm ET

The New York City Health and Hospitals Corp. filed a lawsuit against a data storage and transport vendor after the December theft of electronic files that contained personal or health information for about 1.7 million patients and hospital or contract employees.

The 14-hospital system said the breach involved patients, staff and vendors at Jacobi Medical Center and North Central Bronx Hospital and two health centers during a 20-year period. In letters last week, the city-owned system began to alert patients to the theft and offered free credit monitoring and fraud resolution for one year. The system notified three nationwide consumer reporting agencies of the theft.

In a news release, the system said the files were stolen after a driver for GRM Management Information Services left the company's van unlocked. A spokeswoman for GRM did not respond to a request for comment at deadline.

The data storage company dismissed the driver and notified police. The system has notified New York's attorney general, the state Office of Cyber Security and the Consumer Protection Board. The system also alerted HHS.

The New York system said it has sued the vendor to recover the costs of notification and other related damages. The system also canceled the vendor's contract.

Ten days after a crash killed a mother of four, a Lynwood village official has been charged with on count of reckless homicide and one count of aggravated DUI involving death.

Roel N. Valle, 64, the Lynwood Clerk, was driving drunk when he crashed a village vehicle when he crashed into two cars on Illinois 394 on Feb.4, according to Illinois State Trooper Clare Pfotenhauer.

Pfotenhauer says an investigation shows Valle was traveling the wrong way on I-394 when he crashed head on into a car just south of the I-94 interchange. That car overturned and Valle's car then struck a second car.

Melikah Little, 32, of Chicago was a passenger in the first car and was killed instantly. The driver, Angelina Jones, 27, of Chicago, was critically injured and was charged with DUI later that day.

The driver of the second car hit was Little's husband, Manuel, 37. He was following directly behind his wife and Jones when the accident occurred at 1:15 a.m.

Manuel Little criticized investigators for not charging Valle immediately and he publicly alleged a cover-up. He also filed suit against the Village of Lynwood.

Pfotenhauer says charges weren't brought sooner because investigators wanted to talk to all witnesses, including Valle, who himself was seriously injured. She said Valle remains hospitalized. She was not sure of Jones' condition or whether she is still in the hospital.

A woman who answered the phone at Valle's Lynwood office said this afternoon as far as she knows, Valle is still employed as village clerk. She said the Mayor was not available to comment on this latest development.

In an earlier statement, Mayor Eugene Williams expressed sympathy to the Little family but declined comment on the lawsuit or Valle's future with the village.

Melikah Little was buried last week. A fund is established for her four children, ages 11 and under. It's the Little Family Memorial Fund, c/o U.S. Bank, 209 S. LaSalle St., Chicago., IL 60604.

2/14/2011 8:33 AM By Andrea Dearden

The survivor of a car crash in Madison County that took the lives of several members of her family is suing the alleged drunk driver that caused the crash.

Takia Jackson and her father, Arnold Jackson Jr., filed a lawsuit on behalf of Tawanda Jackson and Arnold Jackson III Jan. 31 in Madison County Circuit Court. Newton Michael Keene, Progressive Casualty Insurance Company and Premier Entertainment Hazelwood LLC, owner of the Pink Galleon bar in St. Louis County, are also named as defendants in the lawsuit.

According to the complaint, Keene was an uninsured driver with multiple drunk driving convictions and a suspended license. In February 2009, he allegedly left the Pink Galleon intoxicated and drove in the wrong direction on the highway. He then allegedly crashed into an oncoming car, killing Tawanda and Arnold Jackson III and injuring Takia Jackson.

The Jacksons are suing Progressive Casualty Insurance, Tawanda's carrier, for benefits under the uninsured provision of that policy. They accuse Keene of negligence and Premier Entertainment of violating the Missouri and Illinois Dram Shop Acts.

They claim they are entitled to damages through Illinois' Survival Act and are asking for an unspecified amount of money to cover medical expenses, loss of financial benefit and the costs of the lawsuit.

Attorney Brian Stokes of St. Louis is representing the Jacksons.

Madison County Circuit Court Case No. 11-L-96

SEATTLE -- The teenager who was kicked by an undercover officer during a drug bust in downtown Seattle has file a claim against the city.

The 17-year-old suspect was kicked by an undercover officer inside a convenience store during the Oct. 18 incident, which was captured on tape.

The video shows the plainclothes officer attacking the teen, who has his hands raised.

"Despite the fact that (name redacted), then 17 years of age, promptly raised his hands in surrender, Officer Lee kicked him in the ribs and then stomped on his face," the claim states. "(Name redacted) made no resistance at any time, and merely curled into the fetal position in an attempt to protect himself."

That officer, James Lee, has been placed on leave. He is said to be a 10-year veteran.

The teen is now seeking $450,000 for damages. The attorneys representing the teen said they intend to pursue a civil suit if the city doesn't pay.

"What we're saying here is enough is enough," said attorney Christopher Carney. "We believe he's entitled to payment for pain and suffering his emotional trauma, and he's entitled to an apology. So we are asking for all those things."

The teen's attorneys know their client is no angel.

The boy has a violent criminal history and on the night of attack, was arrested in an undercover Seattle police drug sting, accused as an accomplice in an assault.

But Carney say whatever lead up to the kick, "the force was, by any reasonable measure, wildly excessive."

"That's a pretty scary thing to have happen -- to be attacked, kicked in the genitals beaten when you are down by somebody who is a Seattle Police Department officer," said attorney Jay Carlson.

The city's risk management team is reviewing the tort claim, and said an outsider adjuster will investigate before a decision is made.

Meantime, Washington State Patrol is investigating the kicking incident at the urging of the Seattle Police Department.

Police today released images of murder victim Samuel Guidera shortly before he was found stabbed to death in the street on Saturday.

The images show Mr Guidera in a local shop in Newlands Park about 10-20 minutes before police believe he was attacked.

After leaving the store he walked towards the bus stop on Newlands Park where he was attacked.

Detectives appealed for anyone who saw him carrying the distinctive pink T-mobile carrier bag or saw him entering or lraving the shop.

Police believe the student was robbed but they have not revealed what was taken.

The family of Mr Guidera described him today as a "hard-working" man who was "passionate" about his studies.

Mr Guidera, 24, was attacked in Sydenham shortly before 10pm on Saturday following an afternoon with friends.

His body was found in the middle of a road and passers-by first thought he had been hit by a car, until doctors realised he had been stabbed and left for dead. Mr Guidera was studying history and politics at the University of Greenwich with the aim of becoming a teacher.

Friends and family yesterday laid flowers at the scene of his death at the junction of Newlands Park and Bailey Place, around 200 yards from Penge East railway station.

A card from Mr Guidera's parents read: "To baby Sam. Miss you. Lots of love mum and dad xxxx."

Another from his younger sister said: "Sam, I love you so much and miss you like hell. You were the biggest bestest brother ever. I want you to annoy me and moan at me. You are forever in my heart and I'm so proud of you."

A statement on behalf of his family said: "Samuel was a hard working man, who was passionate about his studies. He was also very family orientated.

"We are devastated and cannot understand why this has happened. We would appeal to anyone who has information about our son to contact the police."

Police are treating the death of Mr Guidera, who lived in Anerley, two miles from the scene of the attack, as a "street robbery gone wrong". The assault came minutes after he got off a train and stopped at a shop.

Detective Chief Inspector John McFarlane has appealed for information from anyone who saw him on the 9.17pm train from Bickley to Penge East or getting off just after 9.30pm.

He said: "Mr Guidera, who was carrying a pink T-mobile carrier bag, crossed over the footbridge towards Newlands Park, en route to meet a friend, when we believe he was attacked.

"There would have been a number of people in the area and we are keen to speak with them.

"I can say he was a genuinely nice young man, a very industrious person. He had a part-time job at Sainsbury's to support his studies."

Police are examining CCTV footage taken around the time of the incident and a post-mortem is due to be carried out.

Anyone with information should call 020 8721 4205 or Crimestoppers anonymously on 0800 555 111.

COLUMBUS, Ohio (AP) - A retired Cleveland teacher ousted from the Ohio state school board after a disagreement over paperwork has filed a lawsuit asking a federal judge to intervene.

Martha Harris of Cleveland Heights asked a U.S. District Court judge in Cleveland on Monday to halt Republican Gov. John Kasich's (KAY'-siks) replacement of her.

Spokeswoman Lisa Zellner says Harris believes she has obtained the proper paperwork to fulfill the 4-year term that former Democratic Gov. Ted Strickland appointed her to late last year.

Kasich appointed East Cleveland lawyer Angela Thi Bennett to Harris' spot last week. Both women attended Monday's meeting of the state Board of Education, which oversees statewide education policy.

Zellner says Harris is the victim of "partisan bullying."

A Kasich spokesman says he can't comment on a pending lawsuit.

NEW YORK (KABC) -- The New York City street performer who calls himself "The Naked Cowboy" has filed a lawsuit against CBS.

Robert Burck has been strumming his guitar in his underpants since 1997 and trademarked his act 11 years ago.

He claims CBS ripped off his character in its show "The Bold and the Beautiful" and is asking for $1.5 million.

"We choose to respond with the bare minimum to the plaintiff's naked allegations," a CBS spokesperson said in a statement.

Former Baywatch babe Pamela Anderson is suing an ex boyfriend - for $1 million.

The actress has filed a federal lawsuit in Los Angeles claiming she struck an agreement back in 2006 with former beau and real estate tycoon Laurence Hallier.

According to a report on TMZ.com, the court papers show that Pam claims she agreed to promote his condo development in Las Vegas.

And she alleges Hallier agreed to give her a free condo in the ritzy Panorama Towers development - but if the condo wasn't built on time she would get $1,000,000 cash.

Pam now claims the condo was delayed and Hallier didn't hand over any of the cash, so now she's suing for the full $1 million.