Keith Bardwell Resigns, Faces Lawsuit

In the face unanimous and universal condemnation from politicians to civil rights organizations, Justice of the Peace Keith Bardwell did what everyone was telling him to do - he resigned. Read the background story here.

The office of Louisiana Secretary of State Jay Dardenne said it had received a statement from Mr Bardwell saying: "I do hereby resign the office of Justice of the Peace for the Eighth Ward of Tangipahoa Parish, Louisiana, effective November 3, 2009."

Keith Bardwell was the JP who refused to marry an interracial couple in Louisiana because of his concern for the kids of such a union. He was unapologetic about his attitude and genuinely did not seem to realize what all the fuss was about, as seen in this interview with CBS:

Bardwell was first elected in 1975 as justice of the peace in Ponchatoula, La., a town 55 miles north of New Orleans. His term was set to run through 2014, and he had said that even before the flap, he hadn't intended to run for re-election.

The couple Mr Bardwell refused to issue a license for - Beth Humphrey, 30, and Terence McKay, 32 - have filed a federal civil rights lawsuit against him.

"We're saddened that it took national attention to this issue, which was decided back in 1967 by the Supreme Court, and also that it took public admonishment from other elected leaders in order for him to resign," said Laura Catlett, a lawyer for Humphrey and McKay.

The Governor of Louisiana Bobby Jindal who had previously called for Bardwell to resign, said Bardwell made the right decision.

"What he did was clearly wrong and this resignation was long overdue," the governor said in a statement.

Sen. Mary Landrieu (D-La.) said Bardwell's refusal to marry the couple reflected terribly on the state.

"I am deeply disturbed by Justice Bardwell's practices and comments concerning interracial marriages," she said. "Not only does his decision directly contradict Supreme Court rulings, it is an example of the ugly bigotry that divided our country for too long.

"By resigning ... and ending his embarrassing tenure in office, Justice Bardwell has finally consented to the will of the vast majority of Louisiana citizens and nearly every governmental official in Louisiana ... We are better off without him in public service," she said.

Catlett said the resignation won't stop the lawsuit, which also names Bardwell's wife as a defendant.

"This does not in any way change the fact that he, with his wife's help, discriminated against an interracial couple while he was a public official," Catlett said.

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The Cheerleaders and the Nude Photos

Two Cheerleaders at Bothell High School in Bothell, Wa. were suspended from the school squad. The reason? Nude pictures of the two girls were circulated, first among the football team, then to the student body and finally to the administrators of the school. One of the girls received a 30-day suspension and the other was suspended for the rest of the school year.

The parents of the two girls are now calling foul. They have filed lawsuits against the Northshore School District, alleging school officials erred when they suspended the girls from the team.

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Both lawsuits, filed in King County Superior Court, accuse school administrators of violating the girls' due process rights, needlessly sharing the photos with other school staff members and failing to promptly report the matter to police as possible child pornography.

The photos were taken separately. The first photo was taken 3 years ago. It showed the girl topless and was originally sent to the cellphone of her boyfriend at the time. The picture was then accidentally sent to other Bothell High School students.

The other girl's photo was taken in June when she and a fellow cheerleader used their cell phones to each snap photos of themselves naked. That photo too was later accidentally sent to other Bothell High School students.

Shortly after the June photos were taken, school officials heard rumors the pictures were circulating among students, particularly football players. They sent a letter to all cheerleaders' parents, warning that if inappropriate photos were found, it could result in suspension from the squad.

Football players were told to delete the pictures from their cell phones, if they received them, but in August school administrators received copies of both photos. This resulted in the disciplinary action taken against the two girls.

Attorney Matthew King, who represents both families, said it was troubling that only the girls were punished while the football players and other students who sent and received the photos, were not disciplined.

"We're not technically challenging the sanctions as being too strict, we're saying they weren't evenly enforced across the school," King said. "There should have been some punishment meted out to those who were in possession of the photos. ... It seems like the girls are getting the brunt of it."

King argues the district's student handbook didn't specifically prohibit the girls' behavior, and didn't outline potential consequences for a case like this.

"My clients fully realize what they did was stupid," King said, adding that the girls never intended for the photos to be distributed and have been mortified by the entire incident.

He wants the disciplinary action expunged from the girls' school records, the remaining teen reinstated to the cheerleading squad and some form of apology from district officials for neglecting to discipline other students in the case.

Northshore spokeswoman Susan Stoltzfus countered that school officials acted appropriately, reported the matter to police and gave both girls a chance to appeal their suspensions to a disciplinary committee and to the School Board.

"Everyone along the line agreed the discipline was appropriate," she said. "Obviously, we take these things seriously, but we really don't believe this (case) has a lot of merit."

"This is frivolous," Northshore School District attorney Mike Patterson said. "It should never have gone to court and they (the families suing) should recognize that what happened here was created by their own doing."

Northshore officials believe the girls clearly violated the district's athletic code, which students must agree to in order to participate in school activities. The girls understood that as athletes, they would be held to higher standards of behavior, Stoltzfus said.

"When you sign up to be a cheerleader -- or for any student activity -- you agree to certain codes of behavior," she said. "We consider them student leaders, and we want them to be role models."

Man Sues over Amputated Penis

Phillip Seaton, 61, went into hospital for a circumcision. When he awoke after surgery he found that his penis had been cut off. He and his wife, Deborah, have filed a lawsuit seeking unspecified compensation and also unspecified punitive damages for the removal of his penis. They claim that the penis was amputated without consulting either Phillip or Deborah Seaton, or giving them an opportunity to seek a second opinion. See the TV coverage here.

Being sued are:

• Dr. John M. Patterson, who performed the surgery


• Commonwealth Urology, where the procedure took place


• Dr. Oliver James – Anaesthesiologist for use of general anaesthesia, when Seaton had specifically asked for it not to be administered.

In the lawsuit, filed in Kentucky State Court, the couple claim "loss of service, love and affection." Phillip Seaton claims he has suffered mental anguish, pain, and has lost the enjoyment of life. The lawsuit states that Dr. Patterson received consent to perform a circumcision and only a circumcision, and that Seaton did not consent to his penis being removed.

The Seaton's lawyer, Kevin George, said Dr. Patterson amputated the organ after finding cancer, but he only had consent to remove the foreskin.

"Sometimes you have an emergency and you have to do this, but he could very easily closed him up and said, 'Here are your options. You have cancer,' and the family would have said, 'We want a second opinion. This is a big deal,'" George said.

Dr. Patterson's attorney, Clay Robinson, of Lexington said the procedure was ‘medically necessary’ and authorized by the patient. He said Dr. Patterson performed the surgery because the patient, 61-year-old Phillip Seaton, had cancer and had already given permission to perform any medical procedure deemed necessary. The doctor's post-surgical notes show the doctor thought he detected cancer and removed the penis. Attorney Kevin George said a later test did detect cancer.

The Seatons' suit is similar to one in which an Indianapolis man was awarded more than $2.3 million in damages after he claimed his penis and left testicle were removed without his consent during surgery for an infection in 1997.

Baby Michael Futi Buried in Hawaii

Michael Tony Futi, at 2 weeks old never got a chance at life. He died in a locked holding room with his mother screaming at uncaring officials for help. He was on the way to have heart surgery at Kapiolani Hospital in Honolulu, accompanied by his mother, Luaipou and a nurse when all three were detained by immigration officials at Honolulu airport. It is still unclear why they were being detained. In a tearful interview with KITV, Luaipou explained what happened and said the family intends to sue.

Tony Futi, the baby's father, who works for Goodyear in American Samoa, said that funeral arrangements are being carried out by the Hawaii National Spiritual Assembly of the Bahai Faith of which he and his family are members. This is because Bahai rules state that the body must be buried where the person dies, if it would take more than 10 hours to transport that body elsewhere. Michael Futi will be buried on Saturday in Hawaii. The Futi's have relatives in Hawaii and Tony was making travel arrangements to attend the funeral. See his interview with Malama TV News here.

Tony said he never thought his son would die the way he did. “We were praying that his surgery would be successful,” he said. He also said that the only pictures of the baby were the two taken for his travel documents. He has no other pictures to remind him of his dead son. If he had known that he would never see or hold him again he would have taken more.

According to LBJ General Counsel Terry Lovelace, all travel documents for baby Michael Futi, his mother Luaitou and a nurse had been in order and he sees no reason Honolulu airport authorities held them up. He explained that the hospital obtained a visa waiver for the baby’s mother who is a Samoan citizen so she could travel with her son. Lovelace said they were "shocked and horrified" to learn that the baby died while being detained. According to the family attorney Rick Fried, the baby, his mother and a nurse had been the first ones to get off the plane and the first in line at Immigrations and Customs check-points when they were detained.

Despite the baby having an IV, the authorities decided to hold them in a warm room.

Innocent Woman Strip Searched

I found this story on Scott.net about an innocent woman, Hope Steffey, who called the police after being involved in a fight and was hurt. She ended up being forcibly strip searched by both male and female police officers and was locked up, naked, in a cell. To stay warm, she wrapped herself in toilet paper. She remained in the cell for six hours.

Asked to describe her experience, Hope replied it was like being raped without penetration. Below is the video (in 2 parts) which documents Hope's experience at the hands of the Stark County Sheriff's Dept. The video is graphic (you've been warned!!) and really makes you stop and think; this could happen to anyone: It could happen to you, to your mother, to your sister, to your friend or even to your wife.

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A civil rights lawsuit was filed on behalf of Hope Steffey in the Akron office of the Ohio Northern District Court. Judge David D. Dowd Jr. will hear the case.

Named as defendants are Stark County Sheriff Timothy A. Swanson; Stark County commissioners Todd Bosley, Tom Harmon and Jane Vignos; and Stark County Sheriff's Deputy Richard T. Gurlea Jr. In addition, one to 15 other "John and Jane Does" (deputies, jail employees, staff and other persons) who "acted willfully, wantonly and recklessly and whose names and addresses are undiscoverable at this time" are also defendants.

For more about Hope Steffey's case click here and here