DEFENDANTS REMOVE MCDOLE CASE TO FEDERAL COURT
See the story published in The News Journal regarding the removal of the McDole case to Federal Court below
Jacobs & Crumplar File Civil Rights Action On Behalf Of McDole Family
Today the grandmother and mother of Jeremy McDole filed a state court civil rights action for the tragic and unnecessary death of Jeremy, a 28 year old young black man, who was not suffering from mental health issues, but who was shot 16 times by allegedly poorly trained and unqualified police officers and killed, while paralyzed from the waist down sitting in a wheelchair.
As shown by a contemporaneous video that went viral, he was unarmed, his hands were on his lap, sitting in broad daylight out in the open with plenty of nearby cover for the police. Jeremy was not combative or physically aggressive, nor did he say anything threatening or verbally taunt the police. Nor was he fleeing from the scene of a felonious crime which involved serious physical injury, or a threat of imminent harm to anyone. Jeremy’s assailants never identified themselves to him verbally as “Police” when they issued him commands before recklessly shooting him excessively. And they also never warned Jeremy that deadly force would be used against him to take his life if their commands were not followed.
The officers involved allegedly violated the Wilmington Police Department “Use of Force” Directive, due either to their poor training or lack of qualifications to be police officers licensed to use deadly force. The general state of such institutional failures within their police department has been highlighted recently in a Delaware judicial dissent. Before using deadly force, Jeremy could have been talked down by a properly trained professional using historic police methods before a cowboy mentality seeped into current day police training and police work. Also, lesser forms of force could have been utilized, such as, for example, a stun gun, a taser, pepper spray, tear gas or other chemical weapon, rubber buckshot or a bean bag shotgun.
Jacobs and Crumplar have filed this lawsuit in order to get answers for a grieving family who have nothing but questions as to how and why their beloved son, grandson, and brother could have been killed by the police when there is a video which shows that this killing was not justified .
Children are the Victims, Not the Pedophiles Who Abused Them
Margo Kaplan’s article recent NY Times article is an interesting, but somewhat disturbing, read. She makes the point that being a pedophile is different than acting upon it.
The author claims “Without legal protection, a pedophile cannot risk seeking treatment or disclosing his status to anyone for support. He could lose his job, and future job prospects, if he is seen at a group-therapy session, asks for a reasonable accommodation to take medication or see a psychiatrist, or requests a limit in his interaction with children.”
This is wrong and disturbing on a number of levels. First, consultation with a doctor/psychologist/psychiatrist and/or lawyer is confidential and the pedophile’s identity cannot be disclosed. So the pedophile does have legal protection to allow him to seek treatment and disclose his status.
Second, he can take medication or see a psychiatrist on his own time. Third, his job duties should never include “interaction with children” at all.
The article blames society, in part, for pedophiles acting out. If a pedophile chooses to act out, he has no one to blame but himself. Childhood sexual abuse is a scourge on our country – the headlines continue day after day despite increased criminal and civil penalties.
We should always err on the side of protecting vulnerable, innocent children from pedophiles.
Ask A Lawyer: Is if Legal To Fire An Employee Who Is Pregnant?
This week’s “Ask A Lawyer” question deals with employment law and discrimination.
It is illegal to discriminate against an employee because she is pregnant or for any pregnancy related condition.
If you are pregnant and you experience an adverse incident at work, such as suspension without pay or firing, you should contact a lawyer.
Particularly important is the time between when the employer learns of your pregnancy or pregnancy related condition and the time of the adverse action it takes against you – the closer in time the two are, the more likely the employer is taking the action because of your pregnancy.
If the employer gives a reason and the reason does not make any sense and seems contrary to reality then that is another factor making it more likely that the employer is taking the action because of your pregnancy.
For example, if the employer says he is firing you because you miss too much time, and you have a perfect attendance record, then the claimed reason is likely a pretext for illegal discrimination.
If you are concerned that an employer has discriminated or retaliated against you because you are pregnant, consult a lawyer right away, as the time for making claims is limited under the law. Acting quickly is always the best route.
Have a question for our legal team? Leave yours in the comments below to be featured in a future “Ask A Lawyer” article.
Teacher Resigns Amid Allegations of Sex Abuse – Then Lands Another Teaching Job
As reported in The Philadelphia Inquirer, May 20, 2014, a Delaware County school teacher named Edgar Friedrichs was allowed to quietly resign when he was alleged to have molested and raped his students. He received a fair recommendation from his school, Interboro School District, which did not advise that he had resigned because of allegations of sexual abuse or mention anything regarding the sexual abuse claims. Using that recommendation, he landed another teaching job in Fayette County, West Virginia, eventually becoming the principal of an elementary school. In 1997 a 12 year old boy was found dead in Friedrichs’ cabin during a fishing trip. Ultimately he was convicted of this young boy’s murder as well as the sexual abuse of two of his other students in West Virginia.
Jacobs & Crumplar recently filed suit on behalf of a student victim of sexual abuse, against Smyrna School District and Donovan Garvin, the victim’s former teacher. Garvin was arrested and charged with ten counts of first degree sexual abuse of a child by a person of trust and one count of sexual solicitation of a child under the age of 18 to engage in a prohibited act. Garvin pled guilty to sexual abuse by a person in a position of trust or authority, first degree, in the Superior Court for the State of Delaware in and for Kent County. During Garvin’s sentencing on August 28, 2013 the deputy attorney general informed the Court that Garvin was let go by other school districts for other allegations of inappropriate sexual contact with students.
We have to ensure that teachers who sexually abuse students are not allowed to simply escape to a new location and continue abusing students. We support even stronger laws regarding background and reference checks for teachers. It is usually the administrators who do reference checks and they need to do a better job!
3 TEACHERS ARRESTED FOR SEXUAL ABUSE OF CHILDREN IN 9 DAYS!!!
Since April 26, 2014 3 teachers in Delaware public schools have been arrested for sexually abusing/raping public school children!! This is an epidemic.
See below for the News Journal’s reporting of the latest two incidents.
TEACHER SEXUALLY ABUSES STUDENT IN CLASSROOM
Smyrna High School teacher and coach Jennifer Suarez was charged Friday after investigators say she sexually abused a 17-year-old boy inside her classroom. The News Journal reported the story here:
Smyrna High School teacher Donovan Garvin was arrested in January 2013 for sexually abusing a student in his classroom, as well.
Supervision of teachers is critical when child sexual abuse is as rampant as it is in public schools and other schools. Unfortunately, sometimes people who are in child related professions are child abusers. You have to be on the lookout for signs and opportunities!!
Senator Claire McCaskill Questions GM CEO Mary Barra
On April 2, 2014 former trial lawyer Senator Claire McCaskill questioned General Motors CEO Mary Barra at a hearing in the Senate’s Subcommittee on Consumer Protection, Product Safety, and Insurance.
Sen. McCaskill explained that GM chose not to fix a defective ignition switch and as a result life was lost told the terrible story of a life that was lost
The only way to hold corporations accountable when they put profits over people, and government agencies when their systems fail to protect the public, is the civil justice system.
Pennsylvania state Rep. Mark Rozzi fights for survivors of childhood sexual abuse
We need more like him. Please see attached article which details Rep. Mark Rozzi and the fight in Pennsylvania for justice for survivors of childhood sexual abuse.
Lawsuit Filed Against Robert Richards IV For Sexually Abusing Children
Today, as reported by Cris Barrish of The News Journal, WDEL, and other news media, Jacobs & Crumplar filed suit under the 2007 Child Victims Act in Sussex County Superior Court on behalf of plaintiffs Tracy Richard and her children for the sexual abuse inflicted upon them by their father Robert Richards IV.
The lawsuit alleges that the Defendant is a diagnosed pedophile with a sexual disorder. It alleges that in 2005 when his daughter was just three years old at the time of the childhood sexual abuse and that he also sexually abused her little brother who at the time was only 19 months old.
This abuse of both of his children continued until 2007 when his daughter reported her abuse to her maternal grandmother. After allegedly failing a lie detector test in 2008, the Defendant then pled guilty in Superior Court to one count of intentional rape in the 4th degree, sexual penetration of a victim less than 16, a felony. He received no jail time at all for this felony conviction and instead was put on eight years probation and ordered to stay away from children.
Furthermore, in 2010 the Defendant then admitted to the probation bureau that he believed he may have also had abused his son, Robert V. No additional criminal proceedings were forthcoming even after these new revelations.The purpose of the lawsuit is to obtain adequate compensation and medical care for these two innocent little children for problems which will last their lifetimes. In addition, it is hoped that their lawsuit will send a clear signal to child abusers and their enablers everywhere that such outrageous conduct will not be tolerated.