Exacta Legal

When Arizona passed an immigration law that allowed law enforcement agents to stop, search and detain anyone who they believed may have been in the country illegal, Hispanic residents and civil rights activists said that it was discriminatory. Soon after, the federal government filed a lawsuit against the state of Arizona and the law was eradicated. Undeterred, Alabama lawmakers have recently passed a nearly identical immigration law.

In Alabama, police can hold civilians indefinitely under the “reasonable suspicion” ruling. Legally, this can be interpreted as giving law enforcement the power to violate the civil rights of persons with accents, wearing certain attire or anyone who appears to be from a particular racial group. The law was passed by the majority Republican Alabama Senate as well as the Alabama House.

In addition to the new stop and seizure ruling, illegal immigrants have virtually no right to further their education past high school. The measure stopped short of banning the children of illegal aliens from attending public schools. Bill H.B. 56 also forces all immigrant children to divulge their immigration status. This information can legally be used to deport their parents and other relatives if it is found that they are in the country illegally.

Though the federal government did not overturn Arizona’s immigration law immediately, the move by Alabama lawmakers will likely be dealt with in a move swift manner. Laws that are passed by state lawmakers who know that they are violating the civil rights of any persons residing in the United States are subject to being overruled.

Although James Arthur Ray still faces manslaughter charges for his role in the deaths of three spiritual sweat lodge attendees, a civil lawsuit invoking his company’s name has been settled. The families of James Shore, Kirby Brown and Liz Neuman sued sweat lodge owners Michael Hamilton and Amayra Hamilton in civil court. The plaintiffs contended that the Hamiltons were experienced enough to know that something was terribly wrong during with their deceased relatives during a sweat lodged hosted by James Arthur Ray. Although Liz Neuman did not succumb to her injuries until a week later, all three deceased parties would still be alive today if the Hamiltons has contacted emergency services, says the defense.

The families of the deceased sweat lodges attendees say that the Hamiltons were fueled by greed. James Arthur Ray has a long history of pushing his ‘clients’ to their physical limits, and the Hamiltons were likely well aware of his reputation and practices before agreeing to let him use their facilities. The sweat lodge was heated to a much higher temperature than is medically recommended before it was filled over the maximum capacity by people who had flown from all over the world to attend. Numerous event organizers reportedly complained of the conditions to both Ray and the Hamiltons. Reportedly, Ray demanded that the sweat lodge continue even after participants began to pass out. The civil case was settled on behalf of the deceased victims’ families for an undisclosed sum, and the criminal trial involving James Arthur Ray continues in Arizona.

Qwest Diagnostics, which has a national contract with Medicare and Medicaid, reportedly over charged the state of California more than $200 million for services not rendered. Reportedly, the state of California was overcharged for approximately 15 years. Medi-Cal, the state of California’s version of the nationalized Medicaid program, paid out hundreds of millions of dollars to Qwest Diagnostics.

According to court records, officials at Qwest Diagnostics solicited California doctors, hospitals and medical centers and paid them to refer patients to their labs for outpatient testing. Some of the tests ordered by affiliated physicians were later deemed medically unnecessary. Although the state has not announced any plans to prosecute any of the doctors or medical centers associated with Qwest Diagnostic’s fraudulent billing practices, some have lost their medical licenses.

California Attorney General Kamala Harris is happy with the results of the settlement. It is the largest settlement involving a state contracted medical center in California’s history. Harris believes that the ruling will send a strong message to health care company executives. As the number of fraudulent medical claims rise each year, investigators were startled when they discovered that many medical companies were directly involved.

Qwest Diagnostics is to pay the $214 million settlement to the state of California in the coming months. Because this case was settled out of court it is unlikely that Qwest Diagnostics will appeal. Several other major lab companies are currently under investigation by the state of California. LabCorp is expected to go to trial in 2012 to face similar charges.

Fifteen year old John Donald Rupp III was struck and killed by a car after consuming two cans of Four Loko. The family of the deceased teen claim that the makers of the caffeine infused alcohol beverage are civilly liable for his death. While the lawsuit does not address how the underage teen was able to get access to the heavily marketed alcoholic energy drink, several states across the nation have banned the sale of Four Loko. Phusion Projects, the makers of Four Loko, voluntarily agreed to alter their product by completely removing the caffeine. Before changes were made, a 24 ounce can of Four Loko contained 12% alcohol and a high concentration of caffeine and other stimulants.

Attorneys for Phusion Projects will likely defend their clients by informing the courts of exactly how the late Rupp, III, was able to get two cans of the alcoholic beverage. Allegedly, Rupp, III, purchased the alcoholic drink from a nearby convenience store before continuing on to a concert. After he was picked up by his mother, Rupp, III, ran onto a heavily traveled highway and was struck by an oncoming vehicle.

Phusion Projects has been sued numerous times in the last year. The company which was founded by two college friends believed that their drink was the perfect solution for adults who wanted to drink alcohol but also wanted a boost of energy. Since Four Loko came on the market, a number of similar concentrated alcoholic energy drinks have been invented and marketed towards young adults.

Officials at Western State Hospital allegedly violated the civil rights of nine former employees by accommodating a patient who requested white caretakers. The incident began when a white security officer incited fear in a mentally disturbed patient. According to court documents, the unnamed security
told the patient that Africans practiced cannibalism on whites. An internal complaint was lodged against the employee, but hospital officials took measures to match the patient up with only Caucasian or fair skinned staff members. The former employees claim that the Washington state Department of Social and Health Services was aware of the situation, however, no action was taken.

A staff member in charge of scheduling and assigning Western State Hospital employees requested that a supervisor honor the patient’s request. After several complaints were filed, the employees say that they were retaliated against by members of upper management. The attorney representing the former employees, Joe Schaeffer, says that his clients were systematically bullied, humiliated and unfairly disciplined until they either resigned or were fired. The plaintiffs are seeking lost wages, punitive damages and compensation for emotional distress.

Mental health experts say that racial discrimination is not uncommon in health care facilities. Working with mentally ill patients can be very stressful, but if the allegations against Western State Hospital and the Washington state Department of Social and Health Services are proven in court, the defendants could end up paying a multi-million dollar settlement to the nine plaintiffs. No statement addressing the allegations has been issued by the Western State Hospital.