Posted on 01/23/2007 7:12:16 PM PST by Physicist
A federal appeals court refused yesterday to revive civil-rights claims against Gov. Rendell, District Attorney Lynne M. Abraham, and Teamsters Local 115, part of a lawsuit filed eight years ago by a man who says he was beaten and falsely prosecuted after protesting a 1998 appearance by President Clinton.
The opinion by a three-judge panel of the U.S. Court of Appeals for the Third Circuit is likely the end of the federal suit filed by Don and Theresa Adams, although Adams has said he will press civil claims involving state law in Philadelphia Common Pleas Court.
Neither Adams, 46, of Cheltenham, nor his lawyer could be reached for comment.
At issue before the Third Circuit panel was whether a lower-court judge properly dismissed the Adamses' lawsuit.
The suit by Adams and his sister, Theresa, 47, contended that members of Teamsters Local 115 ended their anti-Clinton demonstration by beating them on Oct. 2, 1998. The suit contended that Rendell had earlier called Local 115's leader, John "Johnny" Morris, and requested a strong union presence at Clinton's City Hall appearance and that Teamsters should "drown out" anti-Clinton protesters.
(Excerpt) Read more at philly.com ...
This effectively ends all question of pursuing a civil rights complaint against...anybody. Rendell is officially off the hook.
For EIGHT YEARS Don and Teri Adams have fought this battle, now only to be told that their only remedy is to sue the small fry in state court for whatever they can get. The ringleaders skate away.
Rendell's powers are truly vast. He controls the courts, even reaching up to the Federal level. He's wildly popular. Politically, he seems invulnerable. Watch what opinions you express within his long reach.
I do have to say that the Inquirer article is fair and balanced. It's a pity I can't reproduce it in full here. Do follow the link.
There is also an article in the Legal Intelligencer: http://www.law.com/jsp/pa/PubArticleFriendlyPA.jsp?id=1169473054137. I do not recommend it. First, it requires a subscription. Second, it is badly written on a number of levels. Third, it links the Adamses, detrimentally, I think, with another case that was also coincidentally decided today. I mention it only for the historical record.
Don never asks me to do this, but they always, always need help with their legal bills. Financially, the last seven years have taken an inhuman toll on the both of them. If you care to help out, donations can be sent to:
The Adams Legal Defense Fund
P.O. Box 306,
Cheltenham, PA 19012
Most Recent articles:
GOV. RENDELL’S ROLE IN BEATING FOCUS OF CIVIL RIGHTS HEARING
Don and Teri Adams Background: Letter of Trey Mayfield to 3rd Circuit Court of Appeals
DON AND TERI ADAMS UPDATE: RENDELL'S "CLOSED CIRCUIT" MANEUVER
Don Adams Update: Third Circuit Asked to Recuse Itself in Suit Against Rendell
Don Adams Update: Urgent Help Needed on Appeal
Don Adams Update: Teamsters File Motion to Recover $62,673.46 in Fees and Costs
Summary of the 8/6/2003 Don Adams Decision, U.S. District Court
Anti-Clinton Protesters Lose in Suit Against Rendell
Who-what-where:
There was I time on FreeRepublic when I didn't have to introduce the topic of Don Adams. Other than Whitewater, it was FreeRepublic's first cause celebre.
In as few words as I can bear to muster, this is what happened. On October 2, 1998, Don and his sister Teri were beaten by members of the Teamsters Union for the crime of protesting against Clinton in Philadelphia.
(I myself had been attacked by the same mob earlier in the day, and I witnessed the Adams incident. I reported the events on FreeRepublic. One famous result was that it prompted Jim Robinson to call for a march on Washington, DC, which drew around 4000 people on October 31, 1998, to demand Clinton's impeachment.)
The DA filed no charges, so Don and Teri Adams pursued private criminal complaints against two of the Teamsters (Kevin McNulty and Marc Nardone), along with Teamster Local 115 boss Johnny Morris. In response, the Teamsters filed charges against Don Adams. McNulty and Nardone copped a plea and got probation. Morris walked. Don Adams was subjected to the indignity of a trial, and was acquitted in July, 1999. Meanwhile, three other Teamsters were identified from video: Charlie Davis, Mark Hopkins, and Norma Bottomer. Don and Teri Adams filed another private criminal complaint, to which the defendants copped pleas and received probation.
In November of 1999, IBT President James Hoffa ordered that Teamsters Local 115 be placed into trusteeship, and that Johnny Morris be stripped of his powers, partly as a result of the Adams beating incident. Morris contested this bitterly until the end of his life.
The civil phase has been lurching along slowly since the end of the criminal phase.
Why you should care:
It is the business of Freepers to exercise our rights under the First Amendment. When we talk back to power, we have an expectation of being secure in our persons, in our property, and in our liberty. If Don and Teri Adams lose, none of these expectations are valid. It will mean that the men in power can silence us at will, without serious consequences. Five foot-soldiers of the totalitarians have received probation. That's something. But unfortunately Don and Teri have been made to pay a long series of terrible prices over the last five years, and much more lies ahead. I expect it to get worse for them before it gets better.
Would YOU be up to it?
Here is the Don Adams Page, back again in its full glory!
Civil Case:
Johnny Morris criminal case:
Davis, Hopkins, Bottomer criminal case:
McNulty and Nardone criminal case:
ping
(If you want on or off this ping list, let me know.)
"Nifonging" should properly be referred to as "Abrahaming", since Lynn was well ahead of Nifong with egregious prosecutorial abuse.
Just wait til Hillary is president too. No one will be safe.
Bad news. Very sorry to hear it, and thanks for the update.
It seems clear that Rendell is a very capable machine-type politician of the corrupt old school, so this doesn't entirely surprise me, although it's certainly very disappointing when justice is not done.
I do think that Don Adams' brave fight for justice has helped protect other Freepers who have protested since then but have not been similarly attacked, as they might have been. I'm sure the experience has been unpleasant for the Teamsters involved, and deservedly so.
As usual Physicist, a job perfectly done! : ) Thank you!
Thanks for the update, as painful as it is. Sucks.
I'm very sorry to hear this news. It's very sad to see how corrupted some courts are.
In answer to a post the other day ping!
This ruling is wrong. However, it is a good example of things to come if Hillary and the Democrat/Union group get back in power. (Which is happening right now and gradually)
Thanks.
They wuz robbed.
< |:(~
Off topic, but you have not seen anything yet. Just wait until Her Majesty gets elected. I'm practicing bowing as we speak.
The modern Left has favored the Law of Man for more than a century.
You essentially have two schools of legal thought:
#1, the Law of Man (meaning that it matters *who* is being charged with a crime, e.g. a British "commoner" making an accusation against an English Lord would be treated differently than if a Lord was accusing a Lord)
or
#2, the Rule of Law (meaning that laws apply equally to all and that no one of any "class" has any advantage in Court, e.g. a celebrity, a Lord, a government official/officer, ordinary citizen, etc.)
As patriotic Americans, FReepers think in terms of the latter, the Rule of Law. From that viewpoint the ruling today was a travesty.
However, the Left views these events entirely differently. Morris was stripped of his union leadership. 5 union goons were slapped with Guilty verdicts. Lord Rendell was deposed.
And in the meantime, union leadership, union finances, union membership, and union clout have declined.
Thus, unions are not as strong today as they were in the previous decade. Their ability to coerce declines each week.
Which is to say that the Adams have served to smite the unions in the first place while giving us 8 or more needed years of covering fire in the meantime.
True, unions may be emboldened by the Federal ruling today, but being emboldened when you are *weaker* is just begging to become overextended and vulnerable.
Thanks for posting this and for keeping up with the case.
Sad, disheartening outcome. As you so well state, it means ". . .that the men in power can silence us at will, without serious consequences."
I hope the Don and Teri keep after them!
It sucks. I know the goons, I've stood nose to nose with them. And I know who brought the goons in that time. It's tough to fight the powers that be man but the Adam's have my utmost respect for doing their best.
You lost.
But you won more by losing that they did by winning. You're a big part of the reason Free Republic is here today.
The cause of Liberty has always had its martyrs. You're one of the lucky ones who's still alive to enjoy the glory.
I, for one, appreciate your sacrifice.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.