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Message |
    
Tom Reingold
Supporter
Username: Noglider
Post Number: 5632
Registered: 1-2003
| | Posted on Wednesday, February 23, 2005 - 4:09 pm: | 
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http://www.southorangevillage.com/cgi-bin/show.cgi?tpc=3127&post=343872#POST3438 72 |
mjc
Citizen
Username: Mjc
Post Number: 271
Registered: 10-2004
| | Posted on Wednesday, February 23, 2005 - 4:24 pm: |
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This is truly the pits. I see that Dave is going out to a job right now, so anybody...
1. Know who's suing and for what? Copyright? Other?
2. Know the MOL actual physical address so I can pitch in for legal fees (since I never became a Supporter at year-end  ).
MC
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jamie
Moderator
Username: Jamie
Post Number: 794
Registered: 6-2001
| | Posted on Wednesday, February 23, 2005 - 5:14 pm: |
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The plaintiffs are suing the Board of Ed, Township of Maplewood, Maplewood Police Department, School District and many others.
Dave, myself and Maplewood Online were all named separately. We are totally in the clear on this suit - "the Communications Decency Act, 47 U.S.C. section 230 protects all persons who host discussion forums, whether or not they are Internet Service Providers like AOL." Basically it accused us of publishing and disseminating confidential information.
Any assistance on filing a motion would be helpful. We would also like to counter sue for frivolous lawsuit.
Originally, I thought we would have to file three motions on behalf of Dave, Maplewood Online and myself - but I think we can group all three into one and pay one fee of $135. |
Soda
Supporter
Username: Soda
Post Number: 2651
Registered: 5-2001
| | Posted on Wednesday, February 23, 2005 - 6:32 pm: |
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Jamie: Who are the plaintiffs??? |
jamie
Moderator
Username: Jamie
Post Number: 796
Registered: 6-2001
| | Posted on Wednesday, February 23, 2005 - 7:33 pm: |
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Plantiffs are Orlando Jean Charles & Stephanie Gidigbi. |
Albatross
Citizen
Username: Albatross
Post Number: 526
Registered: 9-2004
| | Posted on Wednesday, February 23, 2005 - 7:38 pm: |
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I assume that the suit is now a matter of public record. I'm asking for a lot, but is there anybody who can make a PDF of the suit and post it here?
EDIT: or at least a link to it?
Jamie: why is MOL included in the groups being sued? Is there a defamation issue?
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jamie
Moderator
Username: Jamie
Post Number: 797
Registered: 6-2001
| | Posted on Wednesday, February 23, 2005 - 7:49 pm: |
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Basically they're saying that anything anyone posts on the message board is information that Dave and myself publish and disseminate. |
mooewe
Citizen
Username: Mooewe
Post Number: 235
Registered: 6-2001
| | Posted on Wednesday, February 23, 2005 - 8:07 pm: |
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If memory serves, these are 2 of the students of the CHS class of '03 who were prohibited from attending graduation because of an incident in the cafeteria. Mrs. Pollack, security guards and other staff in tow, confronted a group of students (I think regarding something as mundane as not picking up their garbage), and the confrontation turned ugly, with one student being taken down by the guards (and subsequently arrested, I believe). I remember this, because my son graduated that year, and we were more than a little nervous that there was going to be some kind of demonstration at graduation - thankfully, there was not. |
Case
Citizen
Username: Case
Post Number: 1
Registered: 2-2005
| | Posted on Wednesday, February 23, 2005 - 8:18 pm: |
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So why would a couple of high-school losers want to bother with lawsuits anyway? I thought when you worked at McDonald's you didn't get that much free time? |
hariseldon
Citizen
Username: Hariseldon
Post Number: 280
Registered: 5-2001
| | Posted on Wednesday, February 23, 2005 - 8:29 pm: |
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Foolish to post because I could just be opening myself to a suit as well, but I doubt it's the 20 year olds as they are no longer teenagers, who are behind this suit. There was always another agenda in the background on this one. |
mjc
Citizen
Username: Mjc
Post Number: 276
Registered: 10-2004
| | Posted on Wednesday, February 23, 2005 - 8:33 pm: |
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Case, at first glance, it seems probable to me that somebody is over the top on this suit, but I'm guessing the students aren't the instigators. It will be interesting to see who is really behind it.
If I recall the news and comment about the incident, some of the kids involved were good students and not known as troublemakers, so "losers" may be a bit much, but (as usual) I could be wrong.
(and welcome to MOL, if a relative newbie may say so) |
doublea
Supporter
Username: Doublea
Post Number: 907
Registered: 3-2003
| | Posted on Wednesday, February 23, 2005 - 9:02 pm: |
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Who is the attorney(s) representing the plaintiffs? |
Dave
Moderator
Username: Dave
Post Number: 5361
Registered: 4-1998
| | Posted on Wednesday, February 23, 2005 - 11:02 pm: |
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Barbara Dennis. |
dytunck
Citizen
Username: Dytunck
Post Number: 253
Registered: 3-2001
| | Posted on Wednesday, February 23, 2005 - 11:46 pm: |
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Name: Barbara Dennis
Party: Republican
Address: 32 Fitzherbert Street
Bloomfield, NJ 07003-4029
Phone: (973) 338-5600
Biography:
Barbara Dennis is a 53-year-old resident of Bloomfield. She is an attorney in private practice with her own office in Bloomfield, and also is a criminal justice professor at the County College of Morris.
She served as an FBI agent 1976-1989. Her community activities include serving as second vice president, Bloomfield Commission on Civil and Human Rights; former executive director, Essex Workforce Investment Board; third vice president of the Girl Scout Council of Greater Essex and Hudson; and chairperson, New Jersey Committee on Alcohol and Drug Counselors.
She holds a B.A. from Upsala College and a J.D. from Villanova University.
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Reflective
Citizen
Username: Reflective
Post Number: 751
Registered: 3-2003
| | Posted on Wednesday, February 23, 2005 - 11:53 pm: |
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Former FBI agent, huh?
Not looking good, Dave.
Pls advise on where to send contributions to the MOL Defense Fund.
(There may be some red state legal groups who will defend on freedom of speech grounds). |
LibraryLady(ncjanow)
Supporter
Username: Librarylady
Post Number: 2226
Registered: 5-2001
| | Posted on Thursday, February 24, 2005 - 6:39 am: |
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Dennis's husband Chandler, teaches at CHS and was involved in a different lawsuit against CHS quite a while ago, I think. |
doublea
Supporter
Username: Doublea
Post Number: 908
Registered: 3-2003
| | Posted on Thursday, February 24, 2005 - 7:20 am: |
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Barbara Dennis was the lawyer the two students used originally to appeal their suspensions. |
Taylor M
Citizen
Username: Anotherusername
Post Number: 316
Registered: 8-2004
| | Posted on Thursday, February 24, 2005 - 9:09 am: |
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Jamie and Dave-
NOTHING EVER on MOL is as bad as this!!!
http://www.stormfront.org/forum/showthread.php?t=73973
(disclaimer I DO NOT SUPPORT THE VIEWS POSTED ON THE LINK) It's pretty bad folks...
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Taylor M
Citizen
Username: Anotherusername
Post Number: 317
Registered: 8-2004
| | Posted on Thursday, February 24, 2005 - 9:20 am: |
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Is this the same Chandler Dennis?
http://64.233.161.104/search?q=cache:vhYLzvqW5qMJ:www.pbs.org/teachersource/what s_new/science/aug01.shtm++%22Chandler+dennis%22+jersey+teacher&hl=en&ie=UTF-8 |
Taylor M
Citizen
Username: Anotherusername
Post Number: 318
Registered: 8-2004
| | Posted on Thursday, February 24, 2005 - 9:24 am: |
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Library Lady
You are correct. I did a Google search on Chandler Dennis and came up with this:
http://64.233.161.104/search?q=cache:ic_aJQBkc0IJ:www.southorangevillage.com/dis cus/messages/3130/36337.html%3F1086712535++%22Chandler+dennis%22+jersey+teacher& hl=en&ie=UTF-8
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Dave
Moderator
Username: Dave
Post Number: 5363
Registered: 4-1998
| | Posted on Thursday, February 24, 2005 - 10:07 am: |
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From our viewpoint, we aren't interested in the rest of the suit. We weren't at the school, didn't witness the incident, didn't hear discussions about it, weren't in attendance at BOE meetings, I haven't met the person who wrote the letter (Mr. H) or the person who posted the letter (Fringe) by copying it from the BOE's web site.
I have some national media asking some questions, but I'm really waiting for a bit to see if we can get an attorney who's interested in the case and wouldn't mind some publicity. This will certainly hit larger blogs in time.
Here's the fourth count in the complaint. There are 14 total. Please read it and forward it to whomever you think might be interested. If being an online-guy can get me into a lawsuit, I bet it can help get me out of one, too. :-)
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mjc
Citizen
Username: Mjc
Post Number: 279
Registered: 10-2004
| | Posted on Thursday, February 24, 2005 - 10:17 am: |
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While 110% behind the Rosses on the current matter, I would have to say regarding the earlier suit (filed 3/04, see Taylor's second link), that I would not expect anything Roberto Reyes and Chandler Dennis are behind to be frivolous or mean-spirited. In the experience of my kids, Mr. Reyes and Mr. Dennis are 2 of the very best teachers at CHS, in regard to subject matter, as mentors/examples to the students, and as involved members of the local and academic communities. |
Dave
Moderator
Username: Dave
Post Number: 5364
Registered: 4-1998
| | Posted on Thursday, February 24, 2005 - 11:02 am: |
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Ack, attachment too large. Will fix later today. |
fringe
Citizen
Username: Fringe
Post Number: 795
Registered: 5-2001
| | Posted on Thursday, February 24, 2005 - 11:05 am: |
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Posted on Sunday, June 15, 2003 - 8:32 am:
--------------------------------------------------------------------------------
SCHOOL DISTRICT OF SOUTH ORANGE AND MAPLEWOOD, NEW JERSEY
525 Academy Street, Maplewood, NJ 07040
June 13, 2003
AN OPEN LETTER TO CHS PARENTS, STUDENTS AND STAFF:
RE: Demonstrations Protesting Student Suspensions
On Thursday, June 12th and Friday, June 13th, 2003, a group comprised of thirty to sixty students, approximately ten adult community members and several South Orange and Maplewood School District faculty members, staged four short protest demonstrations on the sidewalk in front of Columbia High School. These protests expressed dissent against the long-term suspensions imposed on two CHS students by the board of education for disciplinary violations stemming from an incident in a CHS dining area on March 13, 2003.
Before March 13, 2003, the Columbia High School Administrative Team, comprised of the principal, assistant principals and the deans of students, determined that it was necessary to address the fifth period lunch students in the “old cafeteria”. They had continuing concerns regarding unruly and potentially dangerous behavior during lunchtime. On March 13, 2003, the administrative team, led by Principal Renee Pollack, addressed the students as planned. While she was speaking, an incident occurred in the Columbia High School cafeteria involving threatening behavior toward staff, including the principal and security guards, and other disruptive, disrespectful and defiant behavior, resulting in the suspension of numerous students.
Several students received short-term suspensions. Two students received ten-day suspensions from the principal, with a recommendation for Board hearings for long-term suspensions. The suspensions were imposed in accordance with law and, where appropriate, students were provided with home instruction within a reasonable time following their suspensions. Additionally, the conduct of one of these two students resulted in municipal court proceedings. Parents of both students received notices explaining that the suspensions would be extended by the Superintendent pending a hearing before the board of education to consider more serious disciplinary action.
Discipline hearings were scheduled for both students on April 8, 2003, within the timeframe as required by statute. Both hearings were adjourned at the request of the students’ representative. The Superintendent advised that a new hearing date would be scheduled.
Subsequently, settlement negotiations ensued between the Board’s special discipline counsel and the students’ attorneys, in an attempt to resolve both cases without the need for formal Board hearings. New board hearing dates were scheduled for May 12, 2003 and May 15, 2003. In the meantime, the municipal court matter proceeded to conclusion.
On Monday, May 12, 2003, the Superintendent received correspondence from Barbara Dennis, Esq., indicating she was just retained by both students and their families. Later that same day, Ms. Dennis requested yet another adjournment. Subsequently, the hearings were held on June 3 and June 5, 2003.
All of the district’s actions were lawful and appropriate. The students and/or their attorneys received multiple written notices regarding hearing dates, detailed due process rights and settlement offers which could have accomplished an immediate return to the high school. Because the settlement offers were rejected, the board of education proceeded with the long-term suspension hearings. The Board voted to support the administration’s recommendations to suspend the two students through June 30, 2003, and prohibited their participation in graduation exercises and other extracurricular activities.
I trust that the above explanation clarifies inaccuracies in stories you might have heard about the incident. Public communication regarding the details of student disciplinary hearings is prohibited by law. However, the release of information by the students and/or their representatives and the necessity to control false rumors demand that the record be corrected. The administration and board of education are dedicated to maintaining a school environment in which all students can achieve. The high school administration cannot allow a situation to develop which would be disruptive or dangerous to students. Fairness and integrity have been applied throughout the process. This is evidenced by the principal’s offer to allow the students to re-enter Columbia High School without attending a board-level disciplinary hearing, conditioned upon their willingness to recognize that their behavior was inappropriate and apologize to those staff members whom they threatened or struck.
It is regrettable that these events have led to acrimony in the community, and that the students involved did not accept the settlement terms and return to class to complete their senior year.
If you have any questions, please contact Judy Levy, Communications Coordinator for the district at 973-378-9624, or Peter P. Horoschak, Superintendent of Schools at 973-378-9630.
Peter P. Horoschak
Superintendent of Schools
PPH/sas
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Solo Ratpup
Citizen
Username: Flamecoach
Post Number: 3
Registered: 9-2004
| | Posted on Thursday, February 24, 2005 - 1:05 pm: |
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The plaintiffs don't have a leg to stand on, unless these events occured:
1. The post about the incident was considered "indecent" by community standards, or libelous (which means posted with the malicious intent of libeling the individuals who are now the plaintiffs)....AND
2. The moderators of the online bulletin board were notified that the post was either indecent by community standards, or libelous...AND
3. It can be proved that the moderators of the bulletin board intentionally did nothing after being notified that the "indecent" or libelous post existed, and should therefore, be removed.
I'm not a lawyer. However, I used to manage the online community for a large newspaper in a city that's a long way from here. This was the advice I got from the company's media attorneys with regard to the legal exposure we had on these boards. And trust me, in a town with lots of unsavory types who had lots of time on their hands, we had a lot to worry about. |
Dave
Moderator
Username: Dave
Post Number: 5371
Registered: 4-1998
| | Posted on Thursday, February 24, 2005 - 3:10 pm: |
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quote:Hello Dave.
Thank you for contacting EFF.
I will take your issue to my next meeting with the Legal Director. In the meantime, please go to www.chillingeffects.org --there may be some information that pertains to your situation.
Thanks.
Allison Navone
Intake Coordinator
Electronic Frontier Foundation | www.eff.org
allison@eff.org
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woodstock
Citizen
Username: Woodstock
Post Number: 915
Registered: 9-2002
| | Posted on Thursday, February 24, 2005 - 3:20 pm: |
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Woohoo! I wonder if Barlow, Gilmore or Lessig would come to our little boro.
Tangent - Anyone see Christopher Lloyd on West Wing as Lawrence Lessig? Did anyone else think that was really cool? Or am I just a lame geek (not that they're mutually exclusive)? |
Dave
Moderator
Username: Dave
Post Number: 5372
Registered: 4-1998
| | Posted on Thursday, February 24, 2005 - 3:21 pm: |
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Lessig would be amazing. |
Robert Livingston
Citizen
Username: Rob_livingston
Post Number: 912
Registered: 7-2004
| | Posted on Thursday, February 24, 2005 - 3:23 pm: |
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Dave,
That's good news. A start anyway.
EFF seems a lot like the Thomas More Law Center, only they're fighting to better mankind... |
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