Judge rejects lawsuit over Capitol fight
http://www.tennessean.com/local/archives/02/05/18049494.shtml
By ROB JOHNSON Staff Writer
A U.S. district judge has dismissed an excessive force lawsuit filed in the wake of a tumultuous shoving match during last summer's income-tax protests inside the state Capitol.
On July 12, Steve W. Rogers of Rutherford County was attempting to gain access to the balcony overlooking the state House of Representatives. He was part of a group of protesters who arrived as legislators were poised to adopt a state income tax.
Harold Gooding, a Tennessee Highway Patrol officer, spotted Rogers on the side of ropes that restricts access to the gallery. Gooding ordered him off the restricted stairwell. At the bottom of the steps, Gooding grabbed Rogers and forced him toward another set of stairs.
Gooding, according to court documents, was poised to handcuff Rogers but decided against it as television news cameras moved in.
Later, Rogers returned and Gooding asked him to leave the area near the House chambers' entrance. Rogers refused. A shoving match ensued.
Rogers sued the trooper in federal court, claiming excessive force and asking for $300,000 in compensatory damages and $500,000 in punitive damages.
U.S. District Judge Robert Echols wrote that Gooding had acted appropriately that day. He said Rogers hadn't proved his excessive force claims:
''As a member of the security team for the state Capitol, defendant had a duty to protect the safety and security of members of the state legislature and others from highly impassioned anti-tax protesters.
''Plaintiff has failed to identify any case demonstrating a clearly established rule prohibiting the officer from acting as he did in removing the protesting Plaintiff from the restricted area or the entrance to the House chambers, nor is the Court aware of any such rule.''
My debate professor in college told me it's a time-tested rhetorical trick to link your opponents' issue to dead children. No matter what the issue, you can always find a way to link it to dead children. Sometimes, like the lady in the picture, you can just surmise that children will die with no plausible explanation whatsoever.
Jason Bell has yet to work and pay taxes. What does a college kid's opinion matter in this debate? Let him work and pay taxes for a few years before he is given any kind of credence.
... and permanent resident of Ithaca New York I'd bet.
Why would ANYONE be so stupid as to vote for a tax? Perhaps they are not really stupid they're just evil (or democrats but that's redundant isn't it)
GSA(P)
You will find that finances of the State are no where near as dire as being suggested by legislators, because most don't realize how the States are mandated to keep what are essentially two sets of books, The Budget, and the CAFR, which keeps account of ALL assets and liabilities.
Anyone with a financial background will see that the States are in much better financial condition than publically stated.
Keep in mind that this CAFR is only for the State itself, NOT all of the agencies and corporate entities within the State such as Ports Authority, school systems, counties and cities, they all have separate CAFR's!
A good site to check out is: http://www.cafrman.com/