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Kayla Katterhenry Wins Redbird Invitational

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Kayla Katterhenry Wins Redbird Invitational

Aces Move To 10th Place In Final Standings

NORMAL, Ill. – For the eighth time in her career, Purple Aces senior Kayla Katterhenry brought home a tournament win as she took top honors at the Redbird Invitational at Weibring Golf Club.

Katterhenry set the school record with a 7-under 65 in Sunday’s opening round before carding a 75 in the second trip around the course.  On Monday, Katterhenry put the finishing touch on the weekend, shooting a 4-under 68.  She finished the tournament with a 208, defeating Butler’s Abigail Gleixner by five strokes.

As a team, the University of Evansville jumped three spots in the finishing order to tie for 10th place.  UE shot its top team round of the weekend, finishing play on Monday with a 304.

Tying for 51st was Maggie Camp.  She matched her total from Sunday’s second round, notching a 77 to finish with a 239.  Third for the Aces was Giulia Mallmann.  After identical scores of 83 on Sunday, the junior lowered her total on Monday by five strokes, registering a 78 to finish with a 244.

Maria Pickens was next up for UE.  She tied for 71st with an 81 in the final round, completing the event with a 245.  Lexie Sollman registered an 84 on Monday to finish with a 246.

Madison Chaney was the second-best UE player as she participated as an individual.  Chaney posted a 78 in the third round, tying for 40th with a final tally of 234.

Monday’s efforts by the Purple Aces saw them finish in a tie for 10th place after sitting in 13th following the opening day of action.  With their 304, UE tied Ball State for 10th with a 930.  Boston College took top team honors, shooting a 293 to finish with a 980.  They finished two strokes ahead of Northern Illinois.

The next event for the women will be on Sept. 19 and 20 as the squad heads to the Loyola Invitational.  Flossmoor Country Club in Flossmoor, Ill. will host the tournament.

LANDMARK SUPREME COURT RULING CONCERNING THE USE OF DEADLY FORCE

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 LANDMARK SUPREME COURT RULING CONCERNING THE USE OF DEADLY FORCE

Tennessee v. Garner

From Wikipedia, the free encyclopedia
Tennessee v. Garner
Seal of the United States Supreme Court.svg
Argued October 30, 1984
Decided March 27, 1985
Full case name Tennessee v. Edward Garner, et al.
Citations 471 U.S. 1 (more)

105 S. Ct. 1694; 85 L. Ed. 2d 1; 1985 U.S. LEXIS 195; 53 U.S.L.W. 4410
Prior history On certiorari from the U.S. Court of Appeals for the Sixth Circuit
Holding
Law enforcement officers pursuing an unarmed suspect may use deadly force to prevent escape only if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Court membership
Chief Justice
Warren E. Burger
Case opinions
Majority White, joined by Brennan, Marshall, Blackmun, Powell, Stevens
Dissent O’Connor, joined by Burger, Rehnquist
Laws applied
U.S. Const. amend. IV

Tennessee v. Garner, 471 U.S. 1 (1985)[1], was a case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may not use deadly force to prevent escape unless “the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.”

Facts And Procedural History

At about 10:45p.m. on October 3, 1974, Memphis police officers Leslie Wright and Elton Hymon were dispatched to answer a burglary call next door. Officer Hymon went behind the house as his partner radioed back to the station. Hymon witnessed someone running across the yard. The fleeing suspect, Edward Garner, stopped at a 6-foot-high (1.8 m) chain-link fence. Using his flashlight, Hymon could see Garner’s face and hands, and was reasonably sure that Garner was unarmed. The police testified that they believed Garner was 17 or 18 years old; Garner was in fact 15 years old. After Hymon ordered Garner to halt, Garner began to climb the fence. Believing that Garner would certainly flee if he made it over the fence, Hymon shot him. The bullet struck Garner in the back of the head, and he died shortly after anambulance took him to a nearby hospital. Ten dollars and a purse taken from the burglarized house were found on his person.

Hymon acted according to a Tennessee state statute and official Memphis Police Department policy authorizing deadly force against a fleeing suspect. The statute provided that “if, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest.”

Garner’s father then brought suit in the United States District Court for the Western District of Tennessee under the Civil Rights Act of 1871, 42 U.S.C. § 1983, naming the City of Memphis, its mayor, the Memphis Police Department, its director, and Officer Hymon as defendants. The District Court found the statute, and Hymon’s actions, to be constitutional. On appeal, the United States Court of Appeals for the Sixth Circuit reversed. The Court of Appeals held that the killing of a fleeing suspect is a “seizure” for the purposes of the Fourth Amendment, and is therefore constitutional only when it is reasonable. The court then found that based on the facts in this case, the Tennessee statute failed to properly limit the use of deadly force by reference to the seriousness of the felony.

Majority Opinion

Justice White wrote for the majority, first agreeing with the Sixth Circuit’s determination that apprehension by use of deadly force is a seizure, then framing the legal issue as whether the totality of the circumstances justified the seizure. In order to determine the constitutionality of a seizure, White reasoned, the court must weigh the nature of the intrusion of the suspect’s Fourth Amendment rights against the government interests which justified the intrusion.

The use of deadly force against a subject is the most intrusive type of seizure possible, because it deprives the suspect of his life, and White held that the state failed to present evidence that its interest in shooting unarmed fleeing suspects outweighs the suspect’s interest in his own survival.

White examined the common law rule on this matter and its rationale. At common law, it was perfectly legitimate for law enforcement personnel to kill a fleeing felon. At the time when this rule was first created, most felonies were punishable by death, and the difference between felonies and misdemeanors was relatively large. In modern American law, neither of these circumstances existed. Furthermore, the common law rule developed at a time before modern firearms, and most law enforcement officers did not carry handguns. The context in which the common law rule evolved was no longer valid. White further noted that many jurisdictions had already done away with it, and that current research has shown that the use of deadly force contributes little to the deterrence of crime or the protection of the public.

On the basis of the facts found by the district court, Hymon had no reason to believe that Garner was armed or dangerous. The Court ordered the case remanded for a determination on the liability of the other defendants.

Dissent

In her dissent, Justice O’Connor highlighted the fact that police officers must often make swift, spur-of-the-moment decisions while on patrol, and argued that the majority did not properly consider this aspect of the case. Moreover, burglary is a serious crime which often leads to rape and murder, and the Tennessee statute represents the state legislature‘s judgment that such crimes may require the use of deadly force in order to protect the public against those who commit such crimes. She also disagreed that a suspect’s interest in his own life necessarily allows the right to flee from the scene of a crime when pursued, thereby escaping due process.

Adopt A Pet

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Ruby is a 14-week-old female kitten. She and her siblings (who are also up for adoption) lived with other adult cats & dogs in their foster home for several weeks. Ruby’s $50 adoption fee includes her spay, microchip, vaccines, and more. Call the Vanderburgh Humane Society at (812) 426-2563 or visit www.vhslifesaver.org for adoption information!

TELECOM FRAUD

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Wilde earns GLVC’s offensive award

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EVANSVILLE, Ind. – The University of Southern Indiana women’s soccer sophomore defender Olivia Wilde (Racine, Wisconsin) was named the Great Lakes Valley Conference Offensive Player of the Week for her efforts in the Screaming Eagles’ victories over the University of Findlay and Kentucky Wesleyan College. The GLVC Offensive Player of the Week award was the first of Wilde’s USI career.
In USI’s Dunn Hospitality Invitational, Wilde began the 2016 campaign by scoring a pair of goals in the 5-1 victory over Findlay on Friday night. The sophomore defender finished the first weekend of action with a goal and two assists in the 3-1 victory over KWC.

For the week, Wilde had a team-best eight points on three goals and two assists. Joining Wilde in the GLVC weekly honors was the University of Wisconsin-Parkside freshman goalkeeper Adrianna Bratel, who received the Defensive Player of the Week.

The Eagles and Wilde continue its five-match homestand to start the year when they host Oakland City University at 6 p.m. Wednesday at Strassweg Field.

USI rallies from behind to post 3-2 win

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University of Southern Indiana men’s soccer freshman defender Justin Brooks (Fishers, Indiana) scored the game-winning goal with 5:12 remaining to cap off a Screaming Eagles’ come-from-behind, 3-2, victory over Trevecca Nazarene University Monday afternoon in Nashville, Indiana. USI rises to 2-0-0, while Trevecca goes to 1-1-0 to start the fall.

The Screaming Eagles spent most of the first half on the Trojans half of the field, but trailed at the half, 1-0. Trevecca scored the only goal of the opening half at the 8:05 mark.

In the second half, USI freshman midfielder Sean Rickey(Columbia, Illinois) put the Eagles on the scoreboard at 50:32 to knot the match up at 1-1. The unassisted goal was Rickey’s first of the year and his first as a collegiate.

After the Trojans regained the lead, 2-1, with a tally at 56:41, freshman defender Drew Albert (Eureka, Missouri) scored USI’s second equalizer of the match with his first collegiate goal at 75:50. Albert was assisted on the play by freshman midfielder Adam Becker (Columbia, Illinois).

Brooks gave USI its first lead of the match and the eventual game-winning goal at the 84:48 He recorded his first collegiate goal and was assisted on the play by junior forward Pedro Castro (Brazil).

USI outshot Trevecca overall in the match, 22-9, and on-goal, 11-6. The Eagles also had a 4-1 advantage in corner kicks.

Between the posts, USI junior goalkeeper Adam Zehme (Orland Park, Illinois) allowed the two goals and made four saves to record his second win of the season.

USI is slated to open the 2016 home and Great Lakes Valley Conference schedule Friday at 7:30 p.m. when the Eagles host the University of Missouri-St. Louis. The Eagles conclude their first two-match homestand of the fall Sunday at 2:30 p.m. with their annual “Gold Game” when they roll out the welcome mat for Maryville University.

The “Gold Game” features the Eagles in gold jerseys to promote awareness and the search for a cure of pediatric cancers. Admission for Sunday’s USI-Maryville match is free of charge.

 

Aces earn exciting 3-2 win over SEMO in home opener

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Aces host Dunn Hospitality Tournament this weekend

EVANSVILLE, Ind. – Mildrelis Rodriguez posted 18 kills while Erlicia Griffith notched 11 blocks to lead the University of Evansville volleyball team to a 3-2 win over Southeast Missouri State in Monday’s home opener at the Carson Center.

Rodriguez had the best performance of the season for a UE (1-5) player.  She also had 15 digs, a team-high.  Rocio Fortuny had a stellar match as she finished with 13 kills and 10 digs.  On defensive, it was Griffith getting the job done once again, finishing with two solo blocks, nine block assists and seven kills.

“The girls are staying calm and reacting better with every game we play,” head coach Manolo Concepcion said.  “We talked about 3 things – urgency, competitiveness and teamwork.  We wanted to raise the standard.  Instead of just trying, we wanted to execute.  We are still learning how to win, but the girls are getting better with the process.”

Pacing the Redhawks (1-6) was Krissa Gearring, who notched 23 kills.  Just behind her was teammate Madeline Grimm who had 22.

Erlicia Griffith notched four block assists in the opening set as SEMO took a 25-20 win.  After Evansville took a 4-2 lead, the Redhawks reeled off the next five points before Deja Clark ended the run with a kill.  Olivia Goldstein helped UE tie it back up at 9-9 with back-to-back service aces, but SEMO wrestled the advantage away, going up by a 24-16 score.  Evansville notched four in a row but the Redhawks finished with a 25-20 win.Game two was a back-and-forth battle down to the wire.  The Aces once again opened up a 4-2 advantage before Southeast Missouri State went up by four at 17-13.  Evansville rallied back as a Jelena Merseli ace made it a 17-16 game.

Later, the Aces were able to tie it up at 21-21 on a double block from Griffith and Mildrelis Rodriguez.  Joselyn Coronel added an ace of her own to put UE on top at 22-21.  After the Redhawks took a 23-22 lead, Evansville was able to make the plays down the stretch as Griffith hit a powerful kill to complete the 31-29 win.

SEMO got the quick start in the third frame, jumping out to a 6-2 advantage.  The Aces made a run as a pair of Rocio Fortuny kills put UE up 8-7 and the lead extended from that point to 19-14.  The Redhawks fought back before Rodriguez had the clinching kill to give UE a 25-21 win and a 2-1 lead in the match.

The Redhawks put forth their most dominating effort of the night in the fourth set, forcing a fifth set with a 25-10 win.  Their momentum continued as they grabbed a 5-2 advantage.  Rachel Tam helped UE tie it up with an ace before a Jelena Merseli kill was part of a rally that gave UE a 9-8 lead.  From there, they pulled away for a 15-9 triumph as Fortuny had the final two kills of the match.

This weekend, the Aces are home for three matches in the Dunn Hospitality Tournament.  A match against Austin Peay gets the weekend started at 7 p.m. Friday before UE faces Dayton at 12:30 p.m. on Saturday.  The finale will see Evansville take on Kent State at 6:30 p.m. on Saturday evening.

 

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

SEPTEMBER 5, 2016 “READERS FORUM”

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WHATS ON YOUR MIND TODAY?

“IS IT TRUE” will be posted on this coming Monday or Tuesday

Todays READERS POLL question is: Do you feel that the Evansville Police Merit Commission should meet to determine if  the use of deadly force on homeless person holding a knife was justified?

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Another Uber Settlement Rejected

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Another Uber Settlement Rejected

ILNEWS for www.theindianalawyer.com

Uber Technologies Inc. was dealt a second rejection of a legal settlement, this time in a case over claims the company misled riders when it charged them a $1 “safe rides fee” that earned the company almost half a billion dollars.

U.S. District Judge Jon Tigar in San Francisco said the proposed $28.5 million payout wasn’t enough for customers, considering how much Uber took in from the fees. That revenue was $448,598,018, almost almost three times the sum Uber was thought to have collected from the fees and close to 16 times the amount of the settlement fund, according to what appears to be an improperly redacted version of the court’s order.

As part of an effort to assure passenger safety, Uber introduced the safe rides fee in April 2014 to cover costs such as background checks of drivers and insurance and vehicle checks. The fee started at $1 per trip, but the company had raised it to as much as $2.50 in some cities.

Consumers alleged in the class action that driver checks weren’t as rigorous as the company advertised. In April, the company paid $10 million to settle similar claims filed by California prosecutors, who had alleged in their case that Uber’s background checks had missed thieves, burglars, a kidnapper and a convicted murderer.

It’s the second rejection in two weeks by a federal judge overseeing Uber’s attempt to dispose of lawsuits. On Aug. 18, U.S. District Edward Chen in the same courthouse rejected Uber’s $100 million settlement with drivers over claims they deserve to be treated as employees and are owed reimbursement for expenses and tips.

Uber’s net revenue was about $960 million in the first quarter of this year, and about $1.1 billion in the second quarter, with losses of more than $1.27 billion in the first half of 2016, according to people familiar with the figures.

‘Rings hollow’

Uber announced its $28.5 million settlement in February, saying it would be split evenly among about 25 million riders after attorneys fees. In rejecting the deal, Tigar said a favorable comparison between the expected 82 cents recovery per class member and the average Safe Rides Fee of $1.12 “rings hollow,” because a significant portion of the group paid multiple fees over the course of multiple rides, while some passengers weren’t charged any fees.

More importantly, Uber’s total revenue from the fees was almost three times the $132 million the plaintiffs’ lawyers estimated they would recover if they won the lawsuit, Tigar said in the improperly redacted filing.

“In sum, the proposed settlement does not fairly and reasonably protect the class,” Tigar wrote. The judge also said that at this stage of the settlement the public should know how much Uber made from the fees. He gave lawyers five days to argue why the revenue information should continue to be sealed.

Tigar’s rejection of the settlement echoes concerns voiced by other federal judges in San Francisco when they concluded that accords Uber and rival ride-hailing company Lyft Inc. reached with their drivers let the companies off too easily.

Labor code

Chen rejected Uber’s driver settlement in large part because it undervalued potential labor code violations under California’s unique bounty-hunter law, the Private Attorneys General Act. U.S. District Judge Vince Chhabria in April found that a proposed $12.5 million payout to resolve similar claims against Lyft shortchanged drivers because it didn’t properly account for the company’s rapid growth. In June, Chhabria granted preliminary approval after the deal was more than doubled to $27 million.

Uber spokesman Matt Kallman declined to comment on Tigar’s ruling on Tuesday. Lawyers for the plaintiffs, Alfredo Torrijos, Theodore Walter Maya and Tina Wolfson, didn’t immediately return calls and emails Wednesday seeking comment.

When the settlement was announced, Uber said the “safe rides fee” would be called a “booking fee.”

San Francisco District Attorney George Gascon agrees with Tigar that the ride fee settlement is “woefully inadequate,” according to a statement by the prosecutor’s spokesman, Max Szabo. Once the settlement was reached in federal court, Gascon was prohibited from seeking restitution for California Uber passengers in the state court case he filed jointly with the district attorney of Los Angeles, Szabo said.

The case is Philliben v. Uber Technologies Inc., 3:14-cv-05615, U.S. District Court, Northern District of California (San Francisco).

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