One Flew Over The Cuckoos Nest Essay -- essays research papers

One Flew Over The Cuckoo’s Nest The significance of the title can be interpreted in this quote. The story is about a struggle in a psychiatric ward, where many “cuckoos'; reside, “Ting. Tingle, tingle, tremble toes, she’s a good fisherman, catches hens, puts ‘em in pens… wire blier, limber lock, three geese inna flock… one flew east, one flew west, one flew over the cuckoo’s nest… O-U-T spells out… goose swoops down and plucks you out.'; This is where the title comes from, the cuckoo’s nest being the psychiatric ward and McMurphy being the goose who plucks “you'; out. The author of this book is Ken Kesey, also author of Demon Box and Sometimes a Great Notion. Kesey was born in La Junta, Colorado. He graduated from the University of Oregon, and later studied a Stanford. Kesey was head of a group called The Merry Pranksters, who traveled around the country staging happenings. Kesey’s playful attitude is reflected in the main character, McMurphy, who is often pulling pranks in the psychiatric ward. The oppression of society is a big theme in the novel. The narrator (Chief Bromden) often reflects on how the Combine is taking over. The Big Nurse is never happy unless there is complete order in her ward. She often holds group meetings, in which she belittles her patients to where they are merely rabbits, and not men. Often, when a patient would act inflammatory, she would place him in Disturbed. There was always the threat of Electro-shock therapy, and even lobotomy. The only way to get out of the ward was if you gave up your personality and conformed to her rules. Most of the patients who are in the ward were forced there because of the oppression they faced outside of the hospital. Chief Bromden’s father was the chief of his village. The government was trying to push him off his land, and although he tried to maintain his way of life, his people were being bribed, and his wife would work on him too, until all he became was a drunk, inept man. Harding (another patient) comm itted himself because he couldn’t take society’s forefinger pointing at him, whilst millions chanted, “Shame, shame, shame!'; Even at the climax of the novel, McMurphy wasn’t acting on his own. “We could... ...night, have to crawl around on my hands and knees feeling underneath the springs till I find my gobs of gum stuck there. Nobody complains about the fog. I know why, now; as bad as it is, you can slip back I it and fell safe. That’s what McMurphy can’t understand, us wanting to be safe. He keeps trying to drag us out of the fog, out in the open where we’d be easy to get.'; – Chief Bromden commenting on the fog. This quote illustrates the fog, which symbolizes confusion and naivete of the patients. Ignorance is bliss to these people and it’s hard for McMurphy to understand that. “Old Rawler. Cut both his nuts off and bled to death, sitting right on the can in the latrine, half a dozen people with him didn’t know it till he fell off to the floor, dead. What makes people so impatient is what I can’t figure; all the guy had to do was wait.'; – Chief Bromden reflecting on the dead guy. This quote helps set the mood for the novel and many of the patients. They seem to possess a prison-like attitude, with scorn and cynicism. It also shows that the ward is not a nice place to live; kind of depressing.

Default Judgment Motion

IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE::CASE NO. 04-60600 : ROY JESSE LISATH,:CHAPTER 7 STEPHANIE MYLO LISATH,: :JUDGE HOFFMAN Debtors. : : SSN: (LAST FOUR DIGITS ONLY) 0486: SSN: (LAST FOUR DIGITS ONLY) 9643: —————————————————————————————————— RODELL RAHMAAN,:Adv. Pro. No. 05-02049 Plaintiff,: vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter â€Å"Rahmaan†), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter â€Å"Lisath†), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al. designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U. S. C.  §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by this Court’s Order entered March 24, 2005. Your Movant grounds this Motion upon the Memorandum more specifically set forth hereinafter. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend(0019648) 118 East Main Street Columbus, Ohio 43215 Telephone: (614) 221-3355 Facsimile: (614)-221-3391 Email: [email  protected] net Attorney for Plaintiff MEMORANDUM I. Introduction Rule 7055 B. R. incorporates Rule 55 F. R. Civ. P. , which in turn in pertinent part provides: â€Å"(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default. â€Å"(b) Judgment. Judgment by default may be entered as follows:† â€Å"(1) By the Clerk. When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to ap pear and is not an infant or incompetent person. † â€Å"(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States. † Rahmaan’s Adversary Complaint was filed with the Clerk on February 1, 2005. Service of Summons and a copy of the Complaint upon Lisath and upon his attorney Eden Renee Sarver, Esq. , was made to each on February 3, 2005, and proof of service thereon was filed upon the same date. More than twenty days have elapsed since completion of said service of process. No answer or other defense, nor any motion requesting an extension of time to respond to Rahmaan’s Complaint, has yet been filed or served upon the undersigned. Lisath is in default. See Rules 7004 and 7012 B. R. Rahmaan’s earlier Motion for Default Judgment was denied without prejudice, and the within Motion, supported by a Memorandum with attachments, provides an adequate basis for granting the relief sought. II. Summary of the Facts On July 2, 2004, Lisath filed a joint petition, together with his spouse, in this Court, commencing a proceeding under Chapter 13, Title 11 U. S. C. , designated case number 04-60600 (hereinafter â€Å"the main case†). The main case was converted to a proceeding under Chapter 7 on November 2, 2004. At the time of the commencement of the main case Lisath was a defendant in a civil action pending in the United States District Court for this district entitled Rahmaan v. City of Columbus, designated case number 02-CV-989, together with other defendants (hereinafter â€Å"the district court action†). The district court action arose originally from a re-filed civil action brought in the Franklin County, Ohio, Court of Common Pleas. The initial complaint commencing the initial civil action was filed on April 30, 1998. That civil action was subsequently voluntarily dismissed on September 13, 2001, but with the right reserved to re-file within the applicable one-year period of time (see Rule 41(A) Ohio Rules of Civil Procedure and  §2305. 19 O. R. C. ). A new civil action was commenced by re-filing a Complaint upon the same claims and brought in the same court on September 9, 2002. This re-filed action was subsequently removed to District Court on October 4, 2002 (see copy of Notice of Removal with annexed copy of Summons and Complaint attached hereto as Exhibit â€Å"A†). The district court action has not yet gone to trial, and Rahmaan was a scheduled creditor in the main case, although reflected upon Lisath’s and his wife’s Schedule F with no description as to his claim, except â€Å"notice only. † Rahmaan holds an unliquidated claim for the excessive use of force by Lisath and two other co-defendants in the district court action. All other claims Rahmaan has had heretofore against Lisath have been dismissed by Summary Judgment granted in the district court action (see copy of Opinion and Order in the district court action attached hereto as Exhibit â€Å"B†). The operative facts underlying Lisath’s claim are summarized by the Court in the district court action’s Opinion and Order, as follows: â€Å"Plaintiff Rodell Rahmaan brings various claims against the city of Columbus, Ohio, and several of its police officers, arising out of incidents which occurred at his home on April 27, 1997, and April 30, 1997. Plaintiff has been engaged in a dispute with his neighbor, James Casey, for a period of time prior to the events in question. Casey had called the police complaining of loud music coming from Plaintiff’s residence on several occasions. Plaintiff perceived this as harassment. On Sunday morning, April 27, 1997, Officer Olander Parks was dispatched on a disturbance call to Casey’s residence. Upon arrival, he observed Casey standing on his porch engaged in a shouting match with plaintiff, who was in the second story window of his home across the street. Casey reported that plaintiff was threatening him. Plaintiff admits that he did initiate a loud conversation with Casey from his bedroom window, that both of them were using profanity and that his words to Casey may have been perceived as a veiled threat. Plaintiff’s deposition, pp. 7-79, Exh. B to Defendants’ Motion for Summary Judgment. According to Officer Parks, plaintiff refused to end the disturbance, whereupon Officer Parks advised plaintiff that he was placing him under arrest and asked him to come out of his home to be taken into custody. While Officer Parks was speaking with Casey, he observed a young woman walk a large Rottweiler dog from behind plaintiff’s residence and enter the front door. While Parks was speaking to plaintiff at his front door asking him to come outside, the woman was standing behind him with the dog, and she stated, â€Å"You’re not arresting my daddy. Plaintiff refused to come outside, whereupon Parks called for assistance. Sgt. Jerome Barton and several other officers responded to Parks’ call. Sgt. Barton advised plaintiff that he was being charged with disorderly conduct and that he had an outstanding traffic warrant. Barton requested that plaintiff come outside, but plaintiff continued to refuse. Sgt. Barton saw the dog while he was speaking to the plaintiff. Sgt. Barton did not take the plaintiff into custody. Instead, he instructed him to take care of both warrants at the courthouse. Plaintiff agreed to do so. Sgt. Barton instructed his officers to depart, believing that peace had been restored. Plaintiff has a somewhat different version of his conversation with Sgt. Barton. According to plaintiff, it was his understanding that the sergeant and his officers agreed to leave in return for plaintiff’s agreement to take care of his outstanding traffic warrant, and he was unaware that he was being charged with disorderly conduct. After departing the premises, Officer Parks proceeded to the Municipal Court of Franklin County, Ohio, where he filed a complaint charging plaintiff with disorderly conduct, and a warrant was issued for his arrest. The disorderly conduct charge was assigned case number 10608-97. Officer Parks also filed a â€Å"temporary situation information report† for plaintiff’s residence address with the police dispatcher, which stated: Large Rottweiler at this location and the resident will have dog attack officers. Also, wanted person there by name of Rodell Rahmaan. M. B. , 44 YOA for disorderly. On April 30, 1997, plaintiff drove his wife to the Franklin County Municipal Court and instructed her to go inside and take care of his outstanding traffic charge. She did so, and upon returning to his car, she advised him that the clerk’s office had informed her that there was an outstanding warrant against him for disorderly conduct and that he should report voluntarily in order to avoid arrest. Allegedly believing that a mistake had been made, plaintiff decided instead to go home and watch a basketball game on television. Later that afternoon, Officers Jackson Rennie and Kyle McKeon were dispatched to plaintiff’s residence on a loud music complaint. These officers were also told by the dispatcher that the resident had warrants for his arrest, and they were advised of the content of Officer Parks’ temporary situation information report concerning the dog. Officers Roy Lisath and Joseph Murray heard the dispatch and decided that they also would respond. Officers Lisath and Rennie went to the front door of plantiff’s residence and knocked. Plaintiff answered the door and the officers advised him that they had been dispatched on a noise complaint and that they had a warrant for his arrest. They asked him to come outside and be arrested. The officers claim that plaintiff refused to be arrested, resisted arrest, and ordered his dog to attack them. Officer Lisath drew his side arm and fired at the dog. Officer Rennie fired one shot from a shotgun, killing the dog. According to the officers, plaintiff continued to resist arrest and was maced. He was taken into custody and charged with resisting arrest. Plaintiff denies that he resisted arrest, denies that he ordered his dog to attack the officers and denies that his dog did attack the officers. Plaintiff claims that he was transported from the scene of his arrest to a police substation, where he was allegedly subjected to protracted physical intimidation by the defendants and other officers while he was handcuffed to a bench. Plaintiff was charged with resisting arrest in the Franklin County Municipal Court in case number 10938-97. The complaint, signed by Officer Lisath, states: On or about the 30th day of April, 1997, [Rodell Rahmaan] did by force resist the lawful arrest of himself, to wit: Rodell K. Rahmaan in the following manner, to wit: pushed officers back with an open hand, pulled arms back, attempted to close a door on officers, called for his dog which did attack officers. On January 26, 1998, plaintiff, represented by counsel, appeared for trial on the disorderly conduct charge, case number 10608-97, and the resisting arrest charge, case number 10938-97. At that time, plaintiff entered into a plea agreement, wherein the prosecutor agreed to amend the affidavit in case number 10938-97, reducing the charge from resisting arrest to disorderly conduct. Plaintiff agreed to plead guilty to the amended affidavit, and the prosecution agreed, as part of the bargain, to dismiss the original disorderly conduct charge, case number 10608-97. Plaintiff entered a no contest plea to the amended affidavit in case number 10938-97, was found guilty and sentenced to a fine of $100 and costs, suspended for time served. A dismissal entry was filed in case number 10608-97, with the following notation: These charges are dismissed at the request of P. A. for plea in 97/10938. The dismissal entry was signed by the sentencing judge. On April 30, 1998, plaintiff commenced an action against the city of Columbus and Officer Parks, Lisath, Rennie, Barton, Murray and McKeon, in the Common Pleas Court of Franklin County, Ohio, asserting claims of false arrest; false imprisonment; assault; malicious prosecution; deprivation of unspecified constitutional and statutory rights; deprivation of rights secured by the Fourth, Fifth, Sixth and Fourteenth Amendments of the Constitution of the United States, wrongful destruction of property, intentional infliction of emotional distress, and damage to reputation. On July 26, 2000, the common pleas court granted defendants’ motion for summary judgment, finding that only plaintiff’s fourth amendment excessive force claim remained for trial. Defendants claim that plaintiff had previously voluntarily dismissed all of his state law claims with the exception of his claim for intentional infliction of emotional distress. Thereafter, plaintiff voluntarily dismissed his complaint on September 13, 2001, and filed the present action in the Common Pleas Court of Franklin County, Ohio, on September 9, 2002. The action was removed to this court on October 4, 2002. † (the district court action Opinion and Order pages 1 through 5) The district court action Opinion and Order further went on to analyze the Motion for Summary Judgment of Defendants, and concluded as follows: â€Å"Conclusion In accordance with the foregoing, defendants’ motion for summary judgment is granted in part and denied in part. The individual defendants are granted summary judgment on plaintiffs’ First through Tenth Cause of Action. The city is granted summary judgment on the Twelfth Cause of Action. Defendants Rennie, Parks and Barton are granted summary judgment on plaintiff’s Eleventh Cause of Action. Defendants Lisath, Murray and McKeon are granted summary judgment on plaintiff’s Eleventh Cause of Action insofar as it alleges the excessive use of force by these defendants at the police substation after plaintiff’s arrest. The motion for summary judgment of defendants Lisath, Murray and McKeon on plaintiff’s Eleventh Cause of Action insofar as plaintiff alleges the excessive use of force at the scene of the arrest is denied. It is so ORDERED. † (emphasis supplied-the district court action Opinion and Order page 19) Rahmaan, therefore, has one remaining claim left for trial in the district court action. His eleventh cause of action is set forth in his amended complaint (copy attached hereto as Exhibit â€Å"C†), and includes within his claims for deprivation of civil rights under 42 U. S. C.  §Ã‚ §1983 and 1985 the excessive use of force claim. Lisath and his spouse were issued a discharge of all dischargeable debts under 11 U. S. C. 727 on October 4, 2005, in the main case (see copy attached hereto as Exhibit â€Å"D†). III. Issue Presented for Decision (A)Does Rahmann’s remaining claim in the district court action for excessive use of force, if Rahmaan prevails at trial, constitute a claim or debt which is excepted from discharge under 11 U. S. C.  §523(a)(6)? (B)Has Rahmaan satisfied his burden of articulating all applicable grounds necessary for this Court to grant defau lt judgment under Rule 7055 Bankruptcy Rules? IV. Argument 11 U. S. C.  §523(a)(6) provides as follows: â€Å" §523. Exceptions to discharge. a)A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt- †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. (6) for willful and malicious injury by the debtor to another entity or to the property of another entity;†¦Ã¢â‚¬  Lisath’s discharge is ineffective as against Rahmaan’s remaining claim for excessive use of force in the district court action for the reasons more fully set forth hereinafter. First, the above cited paragraph excepts debts for willful and malicious injury by the Debtor to another person or to the property of another person. Under this paragraph â€Å"willful† means deliberate or intentional. In Kawaauhau v. Geiger, 522 U. S. 57, 118 S. Ct. 974, 140 L. Ed. (1998), the Supreme Court articulated the elements necessary to satisfy the Section 523(a)(6) exception to dischargeability. An act (or omission) must be taken with the actual intent to cause injury. As the Court noted in its Opinion the word â€Å"willful† in the above-quoted subsection modifies the word â€Å"injury,† meaning that non-dischargeability takes a deliberate or intentional injury rather than merely a deliberate or intentional act which leads to injury. In In re: Markowitz, 190 F. 3d 455 (6th Cir. , 1999), the Court had occasion to apply the Geiger standard, and specifically held that the earlier standard set forth in Perkins v. Scharffe, 817 F. 2d 392 (6 Cir. , 1987), was overruled. The Perkins case had held that willful and malicious injury will occur when one intends the act, regardless of whether he intends the consequences. This test for the non-dischargeability exception for willful and malicious injury under 11 U. S. C.  §523(a)(6) similar to the defense of qualified immunity that was raised in the district court action. Generally, qualified immunity protects a police officer from being sued for his discretionary actions as long as the officer neither â€Å"knew[n] or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights. . . .affected, or. . . . took action with the malicious intention to cause a deprivation of a constitutional right. . . . . † Robinson v. Bibb 840 F. 2d 349, 350 (6th Cir. , 1988) quoting Wood v. Strickland, 420 U. S. 308. , 322 95 S. Ct. 992, 1001, 43 L. Ed. 2d (1975). As the district court found, Rahmaan’s claims for excessive force were â€Å"that the defendants continued to apply excessive force even after he [Rahmaan] was completely subdued. † (the district court action Opinion and Order page 16). The district court action Opinion and Order went on to summarize that defendants were â€Å"not entitled to qualified immunity on plaintiff’s claims of excessive force at the scene of the arrest under Section 1983 because it is well settled that the use of excessive force is a violation of the Fourth Amendment† (the district court action Opinion and Order page 16). Accordingly, by its very nature, the excessive force claim of Rahmaan means that if Rahmaan prevails at trial he will have had to prove by a preponderance that Lisath took action knowing that his action would violate Rahmaan’s constitutionally protected Forth Amendment rights or with the malicious intention to cause a deprivation of a constitutional right, Rahmaan’s contention that Lisath continued to apply force after Rahmaan was completely subdued compels the conclusion that such conduct was deliberate, intentional and malicious, if proven. Certainly, it could neither have been merely negligent or reckless. Similarly, in Walton v. City of Southfield, 995 F. 2d 1331 (6th Cir. , 1993), the court, inter alia, held that the denial of qualified immunity to one of the police officer defendants was to be affirmed. As the court noted: â€Å"There are still genuine issues of material fact concerning whether Officer Birberick used excessive force in handcuffing Walton. An excessive use of force claim could be premised on Officer Birberick’s handcuffing Walton if he knew that she had an injured arm and if he believed that she posed no threat to him. † (Walton 1331, ________) In Adams v. Metiva, 31 F. 3d 375 (6th Cir. , 1994), the court had occasion to analyze a similar excessive use of force claim. The court noted that excessive force claims should be considered under the Fourth Amendment standard which is one of objective reasonableness under the circumstances (citing Graham v. Connor, 490 U. S. 386 [1989]). While the objective standard is applied without regard to the officer’s underlying intent or motivation, under the facts as summarized in the district court action Opinion and Order, it is hard to imagine that Lisath and his fellow defendants could have used excessive force once Rahmaan was subdued in any manner other than intentionally, willfully and maliciously, assuming that Rahmaan is successful in meeting his evidentiary burden at trial. A review of other authorities does not compel a different conclusion. In Steier v. Best (In re: Best), 109 Fed. Appx. 1. 2004 W. L. 1544066 (6th Cir. , 2004-unreported, see copy attached as Exhibit â€Å"E†), the Court summarized the kinds of debts or claims which by their very nature satisfy the willful and malicious injury standard of the 11 U. S. C.  §523(a)(6) exception: â€Å"intentional infliction of emotional distress, malicious prosecution, conversion, assault, false arrest, intentional liable, and deliberately vandalizing the creditor’s premises. † , Id. at. 4. The Court went on to discuss other kinds of claims that also meet this standard, noting that the creditor must prove that loss was caused by willful and malicious conduct of the debtor, that the debtor’s actions must be determined to be the cause of the creditor’s injury and that the injury must invade the creditor’s legal rights. Id. at 4-5. These tests do not differ from what Rahmaan must prove to meet his evidentiary burden in the district court action to prevail upon his excessive use of force claim. By their very nature, if Rahmaan prevails, he will have met every element described in the willful and malicious injury test. In Kennedy v. Mustaine, 249 F. 3d 576 (6th Cir. , 2001), the Court affirmed the bankruptcy court and the district court which had found a defamation claim to be non-dischargeable under 11 U. S. C.  §523(a)(6) and applied principals of issue preclusion to prevent re-litigation of whether the statements made by the debtor were defamatory, since under Michigan law they were deemed defamation per se, and therefore conclusively presumed to be harmful. It is respectfully submitted, therefore, that Rahmaan has articulated sufficient facts and provided an adequate basis by submitting the attached exhibits to show that if he prevails in the district court action on his excessive use of force claim, he will have articulated every element necessary to satisfy the 11 U. S. C.  §523(a)(6) exception by a preponderance of the evidence. See Grogan v. Garner, 498 U. S. 279, 111 S. Ct. 654, 112 L. Ed. 2d 755 (1991). Accordingly, the foregoing Motion does not suffer from the defects similar to those discussed in Cripps v. Life Insurance Co. of North Am. , 980 F. 2d 56 (2nd Cir. , 1990), cert. denied, 499 U. S. 929 (1991) or Kring v. Citibank (In Re: Kring), 208 B. R. 73 (B’cy. S. D. Cal. , 1997). Annexed hereto as Exhibit â€Å"F† and made a part hereof is the Affidavit of John A. Yaklevich, establishing that Lisath is not an incompetent person or an infant, and also not in the military service, all as required by B. R. 7055 and by the Servicemembers Civil Relief Act of 2003, amending and restating, the Solders’ and Sailors’ Civil Relief Act of 1940 (50 U. S. C. App. 501, et seq. ). The Motion should be granted and judgment entered accordingly. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that true and accurate copies of the foregoing Renewed Motion for Default Judgment were mailed by ordinary U. S. Mail, postage prepaid, to the following parties in interest at the addresses shown immediately following on _________________: William B. Logan, Jr. , Esq. 50 West Broad Street, Suite 1200 Columbus, Ohio 43215 U. S. Trustee 170 North High Street, #200 Columbus, Ohio 43215 Frank M. Pees, Chapter 13 Trustee 130 East Wilson Bridge Rd. , #200 Worthington, Ohio 43085 Roy J. Lisath, aka Roy Jesse Lisath 2065 Penhook Avenue Lewis Center, Ohio 43035 James E. Nobile, Esq. Nobile, Needleman & Thompson, LLC 4511 Cemetery Road, Suite B Hilliard, Ohio 43026 /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff

Essay about Falls Among Older Persons with Dementia

â€Å"Fall may be defined as an unexpected event in which the person comes to rest on the ground, floor, or lower level† (Struksness, Lindstrà ¶m, Lord, Slaasletten, Johansson, et al., 2011). In older populations, falls are quite common, but with a mental illness such as dementia, the problem is worsened. This cross-sectional study showed that the most common causes of falls reported by nursing staff were individual factors like physical impairment and mental impairment. Background: Falls are a common cause of death for people over the age of 65. Following accidents, fall related mortality rate has relatively stayed constant over the last four decades. The dementia disorder continues to add an increase in fall-risk. Despite their knowledge†¦show more content†¦The confidentiality of the questionnaire responses was maintained by coding. (Struksness et al., 2011). This particular study was conducted in multiple nursing homes. The qualitative research method was used to conduct this study, due to the fact that questionnaires and responses from the responders were collected. For this study, nurses working with older people who had dementia, and who were permanent employees were selected to participate in this research. The permission to conduct this research was obtained from the section leaders of all the nursing homes in the local community. The samples used in this study were experienced nurses who worked in four nursing homes with older people with dementia (Struksness et al., 2011). The procedures were conducted using the format of questionnaires. The questions on the questionnaire were based on these four main areas: cause of falls, nursing staffs intervention in fall prevention, routines of documentation and report, and experiences and reactions of nursing staff related to fall incidents. The 64 questions were distributed into four different categories of people. The four different categories are registered nurse, enrolled nurses, unskilled nurses’ aid and other professions (Struksness et al., 2011, p.3 ). Out of the 64 questions, 7 were background questions. The other 57 questions were distributed among the four main areas of fall. 28Show MoreRelatedMild Cognitive Impairment And Women Essay1095 Words   |  5 PagesImpairment and Women in Old Age Home in Urban Mumbai: Prevalence and Patterns PART I - RESEARCH PROPOSAL a. The problem identification Older women are of special interest for me because of the fact that their numbers have outgrown rapidly in the global arena. The older population is predominantly female because women tend to live longer than men, older women outnumber older men almost everywhere. 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Throughout the class we learned a lot about different topics such as gerontology in hospital settings, the LGBT community, mental health issues, treatment options, and more. One of the interventions that I have learned isRead MoreAmerica s Elder Population Is Living Longer936 Words   |  4 Pagespopulation is living longer. Current data trends show that 46.2 million people living in America are age 65 and older (Millennials Outnumber Baby Boomers ,2015). Research shows the life expectancy of the average American woman is 81.2 years of age. Although advancements in medicine continue to evolve there remains one condition which impedes the quality of life for this growing population. Dementia, an Alzheimer s related condition which hinders the quality of life for 3.2 million woman in the UnitedRead MoreThe Significance of the Study of Stepping On, a Fall Prevention Program710 Words   |  3 Pagesthe study: Stepping On (fall prevention program) According to Clemson (et al 2004), falls amongst the elderly represent a serious psychological as well as physical threat. Because of older patients physical frailty (as a result of complaints due to osteoporosis or arthritis), a fall can result in a substantial compromise to patient mobility and also result in a blow to patient self-confidence. Falls among the elderly represent a major economic and social problem Falls themselves and the beliefRead MoreEvaluation Of Pharmacist Impact On Antipsychotic And Benzodiazepine Utilization During Veterans With Dementia1700 Words   |  7 PagesAbstract Title: Evaluation of pharmacist impact on antipsychotic and benzodiazepine utilization in veterans with dementia Purpose: It has been well established that use of Antipsychotics (APs) and Benzodiazepines (BZDs) in the elderly population is associated with increased incidence of adverse effects including sedation, falls, and cognitive impairment. The Veterans Health Administration (VHA) introduced the Psychotropic Drug Safety Initiative (PDSI) to improve evidence-based psychotropic drugRead MoreDeveloping a Regional Mental Health Hospital Which Offers A Therapeutic Environment 1317 Words   |  6 Pages From perspectives of the discipline of positive psychology or holism mental health may include an individuals ability to enjoy life and procure a balance between life activities and efforts to achieve psychological resilience. To determine if a person is in good state of mental health well being, he or she should possess the following characteristics; the ability to enjoy life, resilience, balance self-actualization, flexibility. Several factors affect the mental health of an individual which

The Legend of Shaolin Monk Warriors

The Shaolin Monastery is the most famous temple in China, renown for its kung fu fighting Shaolin monks. With amazing feats of strength, flexibility, and pain-endurance, the Shaolin have created a worldwide reputation as the ultimate Buddhist warriors. Yet Buddhism is generally considered to be a peaceful religion with an emphasis on principles such as non-violence, vegetarianism, and even self-sacrifice to avoid harming others — how, then, did the monks of Shaolin Temple become fighters? The history of Shaolin begins about 1500 years ago, when a stranger arrived in China from lands to the west, bringing with him a new interpretation religion and spans all the way to modern-day China where tourists from around the world come to experience displays of their ancient martial arts and teachings. Origin of the Shaolin Temple Legend says that around 480 CE a wandering Buddhist teacher came to China from ​India, known as Buddhabhadra, Batuo or Fotuo in Chinese.  According to later, Chan — or in Japanese, Zen — Buddhist tradition, Batuo taught that Buddhism could best be transmitted from master to student, rather than through the study of Buddhist texts. In 496, the Northern Wei Emperor Xiaowen gave  Batuo  funds to establish a monastery at holy Mt. Shaoshi in the Song mountain range, 30 miles from the imperial capital of Luoyang. This temple was named Shaolin, with Shao taken from Mount Shaoshi and   lin meaning grove — however, when Luoyang and the Wi Dynasty fell in 534, temples in the area were destroyed, possibly including Shaolin. Another Buddhist teacher was Bodhidharma, who came from either India or Persia. He famously refused to teach Huike, a Chinese disciple, and Huike cut off his own arm to prove his sincerity, becoming the Bodhidharmas first student as a result. The Bodhidharma also reportedly spent 9 years in silent meditation in a cave above Shaolin, and one legend says that he fell asleep after seven years, and cut off his own eyelids so that it could not happen again — the eyelids turned into the first tea bushes when they hit the soil. Shaolin in the Sui and Early Tang Eras Around 600, Emperor Wendi of the new Sui Dynasty,  who was a committed Buddhist himself despite his Confucianism court,  awarded Shaolin a 1,400-acre estate plus the right to grind grain with a water mill. During that time,  the Sui reunified China but his reign lasted only 37 years. Soon, the country once more dissolved into the fiefs of competing warlords. Shaolin Temples fortunes rose with the ascension of the Tang Dynasty in 618, formed by a rebel official from the Sui court. Shaolin monks famously fought for Li Shimin against the warlord Wang Shichong. Li would go on to be the second Tang emperor. Despite their earlier assistance, Shaolin and Chinas other Buddhist temples faced numerous purges and in 622 Shaolin was shut down and the monks forcibly returned to lay life. Just two years later, the temple was allowed to reopen due to the military service its monks had rendered to the throne, but in 625, Li Shimin returned 560 acres to the monasterys estate. Relations with the emperors were uneasy throughout the 8th century, but Chan Buddhism blossomed across China and in 728, the monks erected a stele engraved with stories of their military aid to the throne as a reminder to future emperors. The Tang to Ming Transition and Golden Age In 841, the Tang Emperor Wuzong feared the power of the Buddhists so he razed almost all of the temples in his empire and had the monks defrocked or even killed. Wuzong idolized his ancestor Li Shimin, however, so he spared Shaolin. In 907, the Tang Dynasty fell and the chaotic 5 Dynasties and 10 Kingdom periods ensued with the Song family eventually prevailing and taking rulership of the region until 1279. Few records of Shaolins fate during this period survive, but it is known that in  1125, a shrine was built to the Bodhidharma, a half mile from Shaolin. After the Song fell to invaders, the Mongol Yuan Dynasty  ruled until 1368, destroying the Shaolin once more as its empire crumbled during the 1351 Hongjin (Red Turban) rebellion. Legend states that a Bodhisattva, disguised as a kitchen worker, saved the temple, but it was in fact burned to the ground. Still, by the 1500s, the monks of Shaolin were famous for their staff-fighting skills. In 1511, 70 monks died fighting bandit armies and between 1553 and 1555, the monks were mobilized to fight in at least four battles against Japanese pirates. The next century saw the development of Shaolins empty-hand fighting methods. However, the monks fought on the Ming side in the 1630s and lost. Shaolin in the Early Modern and Qing Era In 1641, rebel leader Li Zicheng destroyed the monastic army, sacked Shaolin and killed or drove away from the monks before going on to take Beijing in 1644, ending the Ming Dynasty. Unfortunately, he was driven out in turn by the Manchus who founded the Qing Dynasty. Shaolin Temple lay mostly deserted for decades and the last abbot, Yongyu, left without naming a successor in 1664. Legend says that a group of Shaolin monks rescued the Kangxi Emperor from nomads in 1674. According to the story, envious officials then burned down the temple, killing most of the monks and Gu Yanwu traveled to the remains of Shaolin in 1679 to record its history. Shaolin slowly recovered from being sacked, and in 1704, the Kangxi Emperor made a gift of his own calligraphy to signal the temples return to imperial favor.  The monks had learned caution, however, and empty-hand fighting began to displace weapons training — it was best not to seem too threatening to the throne. In 1735 to 1736, the emperor Yongzheng and his son Qianlong decided to renovate Shaolin and cleanse its grounds of fake monks — martial artists who affected monks robes without being ordained. The Qianlong Emperor even visited Shaolin in 1750  and wrote poetry about its beauty, but later banned monastic martial arts. Shaolin in the Modern Era During the nineteenth century, the monks of Shaolin were accused of violating their monastic vows by eating meat, drinking alcohol and even hiring prostitutes. Many saw vegetarianism as impractical for warriors, which is probably why government officials sought to impose it upon Shaolins fighting monks. The temples reputation received a serious blow during the Boxer Rebellion of 1900 when Shaolin monks were implicated — probably incorrectly — in teaching the Boxers martial arts. Again in 1912, when Chinas last imperial dynasty fell due to its weak position compared with intrusive European powers, the country fell into chaos, which ended only with the victory of the Communists under Mao Zedong in 1949. Meanwhile, in 1928, the warlord Shi Yousan burned down 90% of the Shaolin Temple, and much of it would not be rebuilt for 60 to 80 years. The country eventually came under Chairman Maos rule, and monastic Shaolin monks fell from cultural relevance.   Shaolin Under Communist Rule At first, Maos government did not bother with what was left of Shaolin. However, in accordance with Marxist doctrine, the new government was officially atheist. In 1966, the Cultural Revolution broke out and Buddhist temples were one of the Red Guards primary targets. The few remaining Shaolin monks were flogged through the streets and then jailed, and Shaolins texts, paintings, and other treasures were stolen or destroyed. This might have finally been the end of Shaolin, if not for the 1982 film Shaolin Shi  or Shaolin Temple, featuring the debut of Jet Li (Li Lianjie). The movie was based very loosely on the story of the monks aid to Li Shimin and became a huge smash hit in China. Throughout the 1980s and 1990s, tourism exploded at Shaolin, reaching more than 1 million people per year by the end of the 1990s. Shaolins monks are now among the best known on Earth, and they put on martial arts displays in world capitals with  literally thousands of films having been made about their exploits. Batuos Legacy Its hard to imagine what the first abbot of Shaolin would think if he could see the temple now. He might be surprised and even dismayed by the amount of bloodshed in the temples history and its use in modern culture as a tourist destination. However, to survive the tumult that has characterized so many periods of Chinese history, the monks of Shaolin had to learn the skills of warriors, most of important of which was survival. Despite a number of attempts to erase the temple, it survives and even thrives today at the base of the Songshan Range.

The Americans with Disability Act Essay - 1002 Words

Usability is a critical portion of web design that one must be ever mindful of when constructing websites. Whether creating a personal web space or building multiple pages for a large corporation, it is the burden of the designer to guarantee people can access that content. According to the United Nations, disabled people compose roughly 10 percent of the world’s population (United Nations, 2010). Many regulations and standards have been set forth to provide disabled people with the same opportunities to access content available on the World Wide Web, as it is most of the World’s population. The presence of medical conditions, classified as disabilities by the Americans with Disabilities Act as, â€Å"†¦a physical or mental impairment that†¦show more content†¦In order to comply, there are particular methods for ensuring that web sites are ADA compliant. When considering visually impaired person one must use text colors that are easy to read with the right combinations of colors as well as the right contrast adjustments. Additionally, color blindness must be considered. There must be an alternative to images for individuals who cannot view them in their browsers as well (for example, alt=†text†). In addition, the use of screen reading capabilities must be taken into account due to users that are visually impaired. For persons with hearing impairments, audio content must have a text alternative provided, besides this, for users who use alternative speech inputs, there should be a text equivalent. Web designers should also direct their attention to other disabling conditions such as the need for alternative navigation elements for people with learning disabilities or lower motor skills. There are also many tools available to web designers to ensure that their sites are compliant with current ADA laws. In accordance with the ADA’s mission statement, the World Wide Consortium (W3) created the Web Accessibility Initiative (WAI). In turn, the (WAI) developed a set of guidelines (Web Content Accessibility Guidelines [WCAG]) with the intent of providing remedies for design concerns that may arise when designing with the needs of disabled people in mind. The WAI purpose is a means for developing standards,Show MoreRelatedThe Disabilities Of The Americans With Disabilities Act1551 Words   |  7 Pageswith a disability (US Census Bureau, 2015). There are 6.4 million children between the ages of 3 to 21 that are receiving special education services (National Center for Education Statistics, 2014). In Georgia, 23.4% of the po pulation are people under the age of 21 living with a disability (Erickson Schrader, 2014). Bulloch County has a population of 71,214 and of the entire population, 16% of them are living with a disability (Cornell, 2012). By the standards of the Americans with DisabilitiesRead MoreThe Americans With Disabilities Act1277 Words   |  6 Pageshaving a disability was seen as a physical imperfection. People with disabilities were treated as moral and social subordinates. We were trained that if a person had a disability they were not able to perform a task with the same ability as a normal person. They have been denied jobs for which they are highly qualified because they have been considered incompetent, or because employers were not comfortable with their presence in the workplace. Occasionally people with certain disabilities have beenRead MoreThe Americans With Disabilities Act931 Words   |  4 Pageslaw in 1990, the Americans with Disabilities Act (ADA) has been a challenge for employers to implement. This law prohibits discrimination against people with disabilities in both public and public businesses. There were numerous lawsuits where disabled employees have charged that employers h ave failed to accommodate his or her needs in the workplace. However, Supreme Court decisions interpreted the act in a way that made it difficult to prove that an impairment was a disability thereby ruling inRead MoreThe American With Disabilities Act971 Words   |  4 Pages The American with Disabilities Act was signed into law on July 26, 1990, by President George H.W. Bush. (Mayerson, 1992). According to Hallahan, Kauffman, Pullen (2015, P, 14) â€Å"the ADA provides protection of the civil rights in the specific areas of employment, transportation, public, accommodation, State and local government, and telecommunication. 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ADA may seem like just a couple letters from the alphabet, although to a person that has a disability it means a whole lot more. ADA stands for Americans with Disabilities Act. The Americans with Disabilities Act is extremely vital in the medical field. Not only is it the law to ensure that there is appropriate access to those with disabilitiesRead MoreThe Americans With Disabilities Act1577 Words   |  7 PagesAmericans with Disabilities Act I Introduction The Americans with Disabilities Act (ADA) is federal legislation designed to prevent discrimination against disabled people. It applies to all disabled persons, no matter the nature of their disability. This paper examines the ADA and discusses some of the ramifications of the legislation. II Americans with Disabilities Act The Americans with Disabilities Act (hereafter ADA) was enacted in 1990, and its purpose is stated thusly: â€Å"The Americans withRead MoreThe On The American With Disability Act931 Words   |  4 PagesAs a supervisor according to my knowledge based on the American with Disability Act, I as supervisor would give Cheryl an oral warning. I will notify her that the ADA law states that she needs to do her job appropriately. I will check on her time and performance. If she did not perform a good job then I will give her a written warning. My first recommendation is that she should meet the EPA advisor and get some assistance from that program because that program may give her the lesson how to improveRead MoreAmericans with Disability Act926 Words   |  4 PagesAmericans with Disabilities Act was established to restrain illegal discrimination in employment against individuals qualified to be disabled. The purpose of the law was to generally end discrimination in the place of work and to deliver equal employment chances for individuals living with disabilities or have had histories of disabilities. The act defends employees that experience physical or mental deficiency that greatly limits a key life activity. In addition to that, it protects the rights ofRead MoreThe American With Disabilities Act998 Words   |  4 PagesDisability is a complex word to define. Several attempts have been made to provide simplistic definition of the word however, it just added to more confusion and misuse of what the word disability m eans. The American with Disabilities Act (ADA) defines disability as â€Å"a physical or mental impairment that limits one or more of the major life activities of such individual†. There are many different perspectives of what the term disability means from an administrative, clinical, or academic research

Phaedo ( Plato ) and The Wall ( Jean-Paul Sartre ) free essay sample

Compares their attitudes toward imminent death (serenity vs. terror) of Socrates and the protagonist in the short story. In Platos dialogue Phaedo, Socrates expresses a spiritual and accepting view of death in general and of his own imminent, personal death in particular. In contrast, Pablo, in Jean-Paul Sartres story The Wall, faces what he believes to be his own death with abject terror, although he tries to hide his fear behind a mask of toughness: I wanted to stay hard (Sartre 9). The differences between the two men in their attitudes toward death are the results of the ways they have lived their lives. Socrates is a man who has diligently sought the truth about life, death, virtue, wisdom, and himself, while Pablo seems to have lived his life with little self-examination or seeking after deeper truths. The results are two men facing their deaths, one with serenity, one with terror. We will write a custom essay sample on Phaedo ( Plato ) and The Wall ( Jean-Paul Sartre ) or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Socrates would say that Pablo has not lived a life of philosophy, has not lived a pious, wise or

Jews In Argentina Essays - Immigration To Israel, Aliyah

Jews In Argentina The Jewish Community of Argentina Argentina is the second largest nation in Lain America and boasts the largest Jewish community in the region (200,000 of its 35 million people). From an open door policy of immigration to the harboring of Nazi war criminals, Argentinas Jews have faced period of peaceful coexistence and periods of intense anti-Semitism. Argentinas Jews have numerous Jewish community organizations. The DIAI (Delegacion de Asociaciones Israelitas Argentinas) was founded in 1939 as the political arm of the Jewish community. The DIAI protects Jewish rights and represents the community in the government. Another organization, the AMIA, an Ashkenazic mutual-aid society, provides health and human services to Argentinas Ashkenazi population. History After the expulsion from Spain in 1492, conversos (or secret Jews) settled in Argentina. Most of these immigrants assimilated into the general population and, by the mid 1800's, few Jews were left in Argentina. Argentina gained its independence from Spain in 1810. Bernardino Rivadavia, Argentinas first president, gave support to policies that promoted freedom of immigration and respect for human rights. In this atmosphere of tolerance, a second wave of Jewish immigration began in the mid-19th century with Jewish immigrants arriving from Western Europe, especially from France. In 1860, the first Jewish wedding was recorded in Buenos Aires. A couple of years later, a minyan met for the High Holiday services and, eventually, the minyan became the Congregacion Israelita de la Republica. In the late 19th century, a third wave of immigration fleeing poverty and pogroms in Russia, and other Eastern Europe countries, moved to Argentina because of its open door policy of immigration. These Jews became known as Rusos and became active in Argentine society. In 1889, 824 Russian Jews arrived in Argentina on the SS Weser and became gauchos (Argentine cowboys). The gauchos bought land and established a colony, which they named Moiseville. Due to lack of funding, the gauchos appealed to Baron Maurice de Hirsch for funds and the Baron subsequently founded the Jewish Colonization Association. During its heyday, the Association owned more than 600,000 hectares of land, populated by more than 200,000 Jews. While non-Jews now own many of these cooperative ranches, Jews continue to run some of the properties. Between 1906 and 1912, Jewish immigration increased at a rate of 13,000 immigrants per year. Most of the immigrants were Ashkenazi Jews from Europe, but a number of Sephardic Jews from Morocco and the Ottoman Empire also settled in Argentina. By 1920, more than 150,000 Jews were living in Argentina. Anti-Semitic attacks against Jews were infrequent in Argentina before World War I. Following the Russian Revolution, between 1918 and 1930, anti-revolutionary feelings developed into full-blown anti-Semitism against the Rusos. From January 7-13, 1919, a general strike in Buenos Aires led to a pogrom against the Jews. Many were beaten and had their property burned and looted.i Despite anti-Semitic actions against the Jews and increasing xenophobia, Jews became involved in most sectors of Argentine society. Still they were unable to be work in the government or military and so many became farmers, peddlers, artisans and shopkeepers. Cultural and religious organizations flourished and a Yiddish press and theater opened in Buenos Aires, as well as a Jewish hospital and a number of Zionist organizations. Post World War II Juan Perons rise to power in 1946 worried many Jews because he was thought to be a Nazi sympathizer with fascist leanings. Peron halted Jewish immigration to Argentina, introduced Catholic religious instruction in public schools and allowed Argentina to become a haven for fleeing Nazis. According to Argentine journalist and historian Jorge Camarasa, author of two books on Nazi refugees in South America, There are indications that Peron received Nazi Funds and access to secret Swiss accounts in payment for allowing people like Eichmann a new start. Many former Nazi officers served as military trainers and advisers under Peron. On the other hand, Peron also expressed sympathy for Jewish rights and established diplomatic relations with Israel in 1949. Since then, more than 45,000 Jews have immigrated to Israel from Argentina.i Peron was overthrown in 1955, which was followed by another wave of anti-Semitism. In 1960, Israeli agents abducted Adolf Eichmann who was deeply involved with the formulation and operation of the final solution to the Jewish question.