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posted by Bob at Monday, June 16, 2008
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47 Comments:
There maybe copy errors.
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Frank J. Steinhauser, III, et. al., Civil No. 04-2632
JNE/SRN
Plaintiffs,
v. ORDER
City of St. Paul, et. al.,
Defendants.
Sandra Harrilal, et. al., Civil No. 05-461
JNE/SRN
Plaintiffs,
v.
Steve Magner, et. al.,
Defendants.
Thomas J. Gallagher, et. al., Civil No. 05-1348
JNE/SRN
Plaintiffs,
v.
Steve Magner, et. al.,
Defendants.
In an Order dated April 23, 2008, and an Amended Order dated May 8, 2008, the
Honorable Susan Richard Nelson, United States Magistrate Judge, denied Plaintiffs’ renewed
motions for sanctions, including Plaintiffs’ requests for fees and costs. Plaintiffs objected, and
Defendants responded. Having reviewed the record, the Court affirms the magistrate judge’s
Order and Amended Order because they are neither “clearly erroneous” nor “contrary to law.”
Case 0:04-cv-02632-JNE-SRN Document 234 Filed 06/12/2008 Page 1 of 2
2
See 28 U.S.C. § 636(b)(1)(A) (2000); Fed. R. Civ. P. 72(a); D. Minn. LR 72.2(a). Therefore, IT
IS ORDERED THAT:
1. The magistrate judge’s April 23, 2008 Order [Docket No. 220 in Civil No.
04-2632; Docket No. 195 in Civil No. 05-461; Docket No. 188 in Civil
No. 05-1348] and May 8, 2008 Amended Order [Docket No. 225 in Civil
No. 04-2632; Docket No. 199 in Civil No. 05-461; Docket No. 192 in
Civil No. 05-1348] are AFFIRMED.
Dated: June 12, 2008
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge
"Honorable Susan Richard Nelson, United States Magistrate Judge, denied Plaintiffs’ renewed
motions for sanctions, including Plaintiffs’ requests for fees and costs. Plaintiffs objected, and
Defendants responded. Having reviewed the record, the Court affirms the magistrate judge’s
Order and Amended Order because they are neither “clearly erroneous” nor “contrary to law.”"
-------
Chuck and I better get ready to move because the city is going to be broke after...oh wait, they were just denied everything including fees and costs. The republic lives on and i'm sure there will be conspiracy tied into this judge and the whole federal system.
Eric
Just for your info here is Ericksen's bio. Before you all start screaming about the "liberal DFL court," and how all of these people are connected... She was appointed by GOP Gov. Carlson to District Court and to the Minnesota Supreme Court and by GOP President George Bush to the Federal Bench.
The Hon. Joan N. Ericksen
D MN, Minneapolis, MN
Judge Ericksen was appointed to the federal bench for the District of Minnesota in 2002. She was an Associate Justice with the Minnesota Supreme Court from 1998-2002, and a Judge for the Hennepin County District Court (Minneapolis) from 1994-1998. Prior to her service on the Bench, Judge Ericksen was an assistant U.S. Attorney for ten years, including chief white collar crime prosecutor, and a shareholder at the Minneapolis law firm of Leonard Street and Deinard. She is currently in Adjunct Professor at the University of Minnesota Law School and a member of the Committee on the Federal Rules of Evidence.
JMONTOMEPPOF
Chuck Repke
She's been bought and paid for Repke by the establishment and you know it as well as everyoone else.
Who gives a shit about the sanctions ! MOVE ON !!!!!!
Lets get to the bread and butter of this case.
When does it get dismissed or sent to trial ?
Both sides will rattle their swords and whip up all the BS they can until they can't do it any longer. When that day comes and they are faced with a trial with no more possibility of delays, then look for the city to pull out the taxpayers checkbook and buy their way out of this mess. If they were smart, they would have paid it off after election and blamed the whole thing on the past administration.
Hey Eric
Ramsey County Attorney Susan Gaerter will run in the race for DFL Governor - 2010
Don't start the revaluation with out her.
Then people talk about bad judges.
All is fair in love or war, that's life.
right Eric
Every time some code inspector, city council, cop, or a judge dogs some landlord, you must get on the phone to Chuck so the two of you can laugh together.
These landlord are at least more human and caring to others, then you and your buddy.
Lose the battle, Win the war. The fight isn't over til the fat lady sings.
Sorry guys, this was the case.
The only hope the plaintiffs had of getting any money out of this was in getting a judge to rule that because the City didn't freeze every scrap of paper and every email record of every employee of the City of Saint Paul on the day these guys filed suit, that somehow they ought to pay a significant fine to the plaintiffs. Otherwise they clearly haven't had a case in a long time.
They pretty much gave up on the case when they decided not to depose the Mayor and Council. At that point it was clear that they have nothing, because for the City to be liable of some significant conspiracy you would have to have elected officials involved (or its just a bad employee). If the plaintiffs have no questions to ask the elected officials...ts all over.
JMONTOMEPPOF
Chuck Repke
A Democracy question ?
If democracy means freedom, should prison officials let Susan Atkins out of prison ?
Susan Atkins ( Manson family member and murder of Sharon Tate and others ) is dying of brain cancer and wants out of prison for humanitarian reasons.
She has served 37 years. She has gotten the ok from prison officials but not the parole board or the govenor.
I think she should be let out.
Jeff Matiatos
So why don't you start a thread about it? This thread is about lawsuits.
What lawsuit?
Its never over please check
http://jurist.law.pitt.edu/paperchase/2008/06/federal-judge-dismisses-suit-seeking.php
Brings into play FOIA Monday, June 16, 2008
Federal judge dismisses suit seeking White House e-mails
Andrew Gilmore at 1:26 PM ET
It'll never be over with these guys. I know some of them and many of them have wealthy relatives willing to fund those lawsuits forever if that's what it takes. I wonder how the city council is going to explain millions in attorney costs to the tapxayers for a lawsuit they prolonged just because of a certain persons ego? Especially at a time when the city is already millions in the hole!
10:34 That is why it will be so wonderful when the Federal Court orders the plaintiffs to pay the Court costs and the City's attorneys cost when this suit is dismissed.
Because there is no there, there. There is no conspiracy, there is no class (other than those who refuse to maintain their properties) and there is no beneficary. It fails on all three burdens needed to be a RICO case. I hope the judge awards damages to the City for all of the time consumed in this thing as well.
JMONTOMEPPOF
Chuck Repke
Keep dreaming Repke. We don't have a "loser pays" system in this country. The Republicans wanted it and your party wouldn't agree.
JMONTOMEPPOF
Chuck Repke 11:01 AM
This shows everyone that all judges are dirty, federal judge are the same dirty type of lawyer.
Eventually good wins out over evil Repke. When the end comes, your city is going to be on the losing side and getting worse. These are not the only lawsuits the city is going to have to defend against, and they're gonna lose all of them.
Sometimes good wins over evil at the outstart, like now. Go away while you can still hedge your bets. Quitting while wearing a barrel is better than sticking around until you're bent over a barrel.
hahahahhahahhahahahahhahahahha
The funny thing is the fact Chuck keeps coming back day after day to defend the city while being harrassed and turned into the code cops for having a slumshack.
I ask you Chuck-Why do you come back if the city is so right and the ricomen have no case?Why do you waste your time if you believe they are so wrong?
Tim Ciani
Ricomen have their sights on the city treasury Repke and they're going to suck it dry. These current lawsuits are small potatoes, you haven't seen nothing yet.
Interesting article below. Can anyone tell us who the police chief was in 1992 that started all of this crap?
March/April 1997
Drug War in St. Paul
Tenants, Cops, and Community Organizing
By Edward G. Goetz and Kirby Pitman
On the night of February 25 1995, St. Paul police and a city housing inspector arrived at the home of Louise and Carl with their guns drawn, but without a search warrant. Carl allowed them into his downstairs apartment, according to the St. Paul Tenants' Union (SPTU). The family was buying the house on a contract for deed and renting the upstairs apartment to two young men. Louise had suspected the men of dealing drugs and called the police. After one of the men threatened her at gun point, she moved out of the house with her two-year-old child. The police responded to Louise and Carl's concerns by raiding their home.
During the raid, SPTU reported, police ripped furniture, cut apart children's toys, etc. No drugs were found, but a housing inspector condemned the home and posted a vacate order. Carl was arrested and detained for a parole violation, and the home was left unsecured. The family had to move into a hotel until their money ran out. They were homeless for over two weeks and lost their jobs in the chaos. The couple was not informed of their right to appeal the condemnation and ultimately lost their home when the city proceeded with condemnation orders.
The St. Paul Police department conducted this raid under the auspices of the Focusing Our Resources on Community Empowerment (FORCE) program. While community crime prevention (CCP) programs like FORCE are often presented as a friendlier face on the nation's anti-crime obsession, CCP is frequently "community-based" in name only. Many local programs are top-down initiatives headed by police departments and government agencies and dominated by the most affluent, the more highly educated, and the property-owning population of inner-city neighborhoods. The methods of the FORCE unit show how authorities can use the term "community-based" to stretch the boundaries of fairness and target 'the dangerous classes' – usually lower-income renters and racial minorities.
The FORCE Unit
In 1992, St. Paul City initiated the FORCE program as a comprehensive approach to its drug problem. FORCE works by enlisting the assistance of neighborhood residents in the anti-drug effort, calling on residents to become the "eyes and the ears" of the local police department. Neighborhood residents create block watches and identify any suspicious activity, reporting their findings to the police.
Drug Raids and Housing Condemnations
The central element of the St. Paul drug war was combining housing inspections and drug raids. A housing inspector accompanied the FORCE team on all drug raids and conducted code compliance inspections on the spot. This allowed the team to condemn a unit and force the tenants out whether or not drugs were found on the premises. Most drug raid condemnations forced the tenants to evacuate almost immediately.
The St. Paul Tenants Union (SPTU) fought the FORCE condemnations for a number of reasons. First, innocent household members, those not even suspected of illegal drug activity, were losing their homes because of the alleged behavior of the drug suspect, according to homeless shelter intake workers quoted by the St. Paul Pioneer Press.
Second, SPTU was concerned about the circumvention of tenants' rights and the denial of the constitutional right to due process. In drug raid condemnations, families were forced out of their homes usually within 24 hours. This process ignored their right to a hearing and essentially applied a punishment before a legal finding of wrongdoing had occurred. According to Charlie Hollins, vice president of the SPTU, "tenants who are evicted as a result of FORCE condemnations are not even notified of their right to appeal the condemnation. This is a right that landlords and homeowners are given." In some cases, it was clear that FORCE was not even interested in a legal finding of guilt. Arrests were made in less than 50 percent of the FORCE raids.
Third, despite the fact that most FORCE raid target users and not dealers, according to Joan Pearson, executive director of SPTU, the program focused on punishment. There has never been a coordinated effort to link drug treatment to the FORCE activities. According to FORCE housing inspector Jim Halvorsen, "the whole philosophy behind the unit is to move [the drug problem]. What you have to understand is that I only want to move it outside the city limits. Let them go to Roseville or Maplewood [suburbs of St. Paul], I don't care, as long as it isn't in the city of St. Paul."
Fourth, these condemnations were contributing to homelessness in the city. According to the FORCE inspector's estimate, 25 percent of the properties he condemns become vacant. The November 17, 1993 St. Paul Pioneer Press reported that "'Condemnation' is more and more listed as a reason families end up in shelter. Ironically, perhaps, one reason is that city housing inspectors now accompany police on crack raids, in an effort to make neighborhoods more habitable."
Finally, SPTU had data to show that 93 percent of FORCE raids had targeted African-Americans, though they make up less than 10 percent of the city's total population. Though the program was supposed to be citywide, virtually all of the raids occurred in the heavily minority neighborhoods of Frogtown, Summit-University, and the East Side.
"The Tenants Union has heard story after story about families, including children, who are mistreated during raids," said Hollins. "We hear reports of children as young as 8 years old being handcuffed with guns pointed to their heads and being thrown to the ground where they are searched. We hear reports from a young mother who is handcuffed and not allowed to pick up her baby who is crying on the floor, frightened by 8 officers with drawn guns"
Fighting the FORCE
SPTU attacked FORCE on three tracks. First, tenant advocates requested that the police department make public its statistics on FORCE team activities, and enlisted the aid of the City Council in making the FORCE unit respond to their requests. Second, they organized in the community around the issue of drug raid condemnations in order to get SPTU's side of the story out.
The community organizing was important because block clubs tended to support FORCE efforts. There was a sense among SPTU activists that the cards were stacked against them; the police were pitching the program as the only way to save neighborhoods, and block club residents, desperate to preserve their communities, often agreed.
Finally, SPTU organized a legal challenge to drug raid condemnations. In the fall of 1995, SPTU prepared lawsuits to challenge the city's policy of having a housing inspector accompany the police on FORCE raids, and the lack of notice of right to appeal given to tenants whose apartments have been condemned.
Close to three years of SPTU advocacy ultimately brought changes. By late 1995, the City's health department had agreed to post a notice of tenants' rights to appeal all of the condemnations it initiates. Later, FORCE agreed to provide information on social service agencies after its drug raids. Finally, in December 1995, FORCE discontinued the practice of having the housing inspector accompany police on their raids.
SPTU also negotiated a working arrangement of sorts with one of the more active block clubs. SPTU got the block club to agree to contact the group about their concerns about a property before it got to the point of a drug raid and/or condemnation. At that point, SPTU would contact tenants and tell them the local community organization was targeting their house, and that they may lose their housing in the near future.
Tenant screening
Another initiative of the FORCE unit was to establish a tenant screening service run by the St. Paul Crime Prevention Coalition (SPCPC). Although SPCPC claimed to be a "community-based organization," the idea for the coalition came from Chief of Police William Finney. The head of the police FORCE unit was a founder of SPCPC, and a local resident employed by the police department as a block club organizer was active in the coalition.
The coalition provided landlords with sample forms for prospective tenants to fill out. The forms included questions such as "Have the police ever come to your residence?" and "Do you or have you ever had a case worker from a public housing agency or county human service agency?" Though filling out the form was "voluntary" for the apartment seeker, the form indicated "if the [prospective] applicants refuse to sign this form; the word 'refused' will be indicated on this form and will be considered in the review of the application." The logos of the City of St. Paul and the St. Paul Police Department adorned the top of the form.
SPCPC took names from the daily notices of tenants involved in eviction proceedings and added them to their problem tenants list. What SPCPC did not list, however, were the outcomes of cases, and this put them in violation of state law. SPTU also claimed that the screening service disseminated false and misleading anecdotal information, failed to verify the information provided by landlords, and did not notify tenants of their rights to see their records and challenge information on them.
Constant pressure by SPTU finally ended the illegal and unfair practices of SPCPC. The coalition soon lost its funding and went out of business less than three years after it had formed.
Though largely successful in its attempts to temper the excesses of the local "community-based" war on drugs, SPTU has had to fight the perception that because they are interested in preserving the legal rights of tenants, they are defending criminals and drug pushers.
At the height of the public debate in St. Paul, the police chief wrote in a letter to the St. Paul Pioneer Press, the city's major daily newspaper: "I question the motives of the Tenants Union. Do they stand with the honest residents who have called on FORCE and have seen positive results, or with drug dealers who would turn our city into a drug-infested jungle?"
In response, SPTU officials wrote: "We see a problem . . . when under the guise of 'community empowerment,' many low-income tenants and people of color are subject to civil rights violations that result in enormous personal and financial losses as well as the loss of their homes."
Copyright 1997
That would be the infamous Mr. Finney.
Anonymous said...
That would be the infamous Mr. Finney.
2:48 AM
Why am I surprised?
"At the height of the public debate in St. Paul, the police chief wrote in a letter to the St. Paul Pioneer Press, the city's major daily newspaper: "I question the motives of the Tenants Union. Do they stand with the honest residents who have called on FORCE and have seen positive results, or with drug dealers who would turn our city into a drug-infested jungle?"
Are the alleged drug dealers not honest and law abiding until they are convicted? For all the activity of the FORCE unit, they are lucky if they get 2 dozen convictions a year against the so called drug dealers they go after. As a matter of fact, there's more action taken against the landlords who rent apartments to the alleged drug dealers than the drug dealers themselves. Finneys remarks are nothing more than the divisive tactics of the DFL being used to drive wedges between people to cause mistrust and fear.
Chuck by the way. From one good neighbor to a slumlord. As I was doing an inspection on Thunes property I noticed you had some code violations. I thought I'd let you know instead of turning you into to code cops. I'm getting sick of you calling the ricomen slumlords and unwilling to fix their properties while letting yours sit in violation of the code.
Yours truely,
Tim Ciani
Tim, you just answered your earlier question. Why do I keep coming back to fight on this list?
Because I have been standing up to bullies my entire life.
I have been personally attacked on this list and have had what twenty - thirty calls to inspections from ass holes on the list. I have had to pay to paint my house when it wasn't needed; been inspected for over occupancy when 4 people lived in the entire duplex; I have had the place vandalized and have had cars broken into and torched.
I know what kind of people are involved in the law suits and what they are capable of.
FUCK YOU TIM!
JMONTOMEPPOF
Chuck Repke
To 12:50 a.m.
I sat in on a 1990's FORCE unit information session. From what I can tell FORCE was a predecessor to the housing inspections approach today.
During my session, The FORCE unit educated about drug dealings (for the drug house next door). They stressed that they were trying to impact the owner, and on a raid, would deliberately do a great deal of physical damage - sometimes $25K. They emphasised that they noted some of the raided houses would come up on tax sale, thus forcing the owner out.
You don't know any of the people in the lawsuits Repke. I do and the crap you constantly spew about them is incorrect.
Chuck you said you've ben called in 30 times-Well I checked the cities website and didn't notice 30 calls.Are you getting special treatment my furry friend? And are you blamming the ricomen for torching your cars? If Randy Kelly,Barb Benson and neighborhood groups can call in complaints why can't I or the ricomen? Grow up Chuck and quit using foul language. I can't believe Bucky would have had you as an assistant or friend.He should wash your mouth out with soap!
And Chuckie another thing-GO BACK TO PRISON IF YOU WANT TO FIGHT BULLIES(OR)TURN YOUR WE-MAN ANGER AT THE BULLIES IN CITY HALL.
See ya later gator,
Tim Ciani
Please check your city agenda's 18June08 TODAY FOLLOW THE MONEY
FAT CATS City St.Paul 1,918 vacant bldgs,STAR funds used
copy and paste the URL or go to
http://stpaul.granicus.com/AgendaViewer.php?view_id=37&event_id=40
22. Resolution - 08-643 - Amending the budget in the Department of Safety and Inspections/Property Code Enforcement by adding $900,000 from the Invest Saint Paul program for building demolitions. (GS 3055190)
GS3055190-Resolution
GS3055190-demomap
RICO SUITS ARE STILL ON DEMAND JURY TRIALS LET THE TAXPAYER KNOW WHATS GOING ON IN CITY HALL
Drug Dealers, and any other criminals go to jail or prison, cooked politician get "Re - elected" and a pay hike.
Chuck was feeling like he is in the drivers seat, looking, these post sitting on the blog looks like the hot seat to me.
Here is your song Chuck Repke, Like a Rolling Stone.How does it feel
HOW DOES IT FEEL, To be without a home" Like a complete unknown.
How does it feel to beg the city council and they and their friends just laugh at us.
I like hearing you sound off
Tim Ciani
We Love You Chuck
Do you folks notice when I hit Chuck in the lips with facts he shuts up and disappears? Fight Chuck with facts. When facts are used he has no spin. Right Chuck?
Tim Ciani
Glad you told us when you were on the city's website Tim. We now can narrow it down to who you are between four addresses. I hope you checked thhe site out from somewhere besides your home.
We at the city are looking forward to meeting you in your real name and address. Let's see who you are and what you've done.
Lets hope Tim uses Gmail because they strip all the headers off incoming and outgoing email. You"ll never find him!
Its not an email that they will trace. Tim said he went to the public website and looked up Chuck's info. He used his computer to log into the city site basically.
When you log in a public owned website (like the city or county or state), your information is instantly recorded. Any hack can look at the log list and from Tim's post here, can figure out who has been looking at Chuck's info. Instantly.
If only Chuck had some friends in city hall that could lend him that information...hmmmmm.
Your absolutly right, I misunderstood and thought you were talking about email. In light of thsi, there's only one solution.....Chucks friend needs an inspection too. Anyone have an idea who it might be?
Come find me only if the is affraid of what I expose.
I've battled thugs and bullies my whole life! Chuck we have something in common don't we-lets see who wins my frirnd.
Did I make Chuckies disappear? Bucky must have pulled the strings on him. Chuck wouldn't have been here if the ricomen didn't have a legit cause.
Tim Ciani
ricomen are all washed up Tim. The court has said so. Your work is finished here. Go find another cause somewhere.
The Landlords still have cases against City and Individuals ie: Magner-Moermond for Misconduct, Further the 1,918 vacant buildings do not have quiet titles etc.mortgages?
Pay attention to Federal-FBI Agents, City of St. Paul is NOT OUT OF THE WOODS, AND IS NOT THE MOST LIVIABLE CITY.
http://jurist.law.pitt.edu/paperchase/2008/06/fbi-names-more-than-400-in-mortgage.php
[JURIST] The Federal Bureau of Investigation (FBI) [official website] Thursday announced that more than 400 people had been indicted [press release] in connection to what has been termed the US "sub-prime mortgage collapse." The vast majority of the indictments involved fraud related to individual mortgages, with the FBI focusing on lending fraud, foreclosure rescue scams and mortgage-related bankruptcy schemes, which account for more than $1 billion in losses.
Sorry, have been swamped and not looking in.
At one point I thought I had won a bet with Tim and he was suppose to tell me who he actually is... but he didn't pay up.
I mostly don't care. I don't like the notion of anyone going after anyone for how they express themselves. I also think that it is bad practice to go after anyone for code inspections because of their attitude or behavior. They ought to be used to maintain the public safety.
Saying that, it still doesn't make any of this a RICO suit.
JMONTOMEPPOF
Chuck Repke
Chuck said,"I also think that it is bad practice to go after anyone for code inspections because of their attitude or behavior."
Ciani says,"It has been discussed and proven that the city uses code enforcement due to behavior.You understand and agree.So why have you not spoken out against the city for doing so?"
Tim Ciani
Tim talk to Bill sometime and find out who I am and what I do in real life.
Just because Thune and I are friends and I worked for him ten years ago doesn't mean that I am the City. It also doesn't mean that I wear a tin foil hat like the rest of this crowd.
I do a lot of work with landlords in the District that I work in. We do a lot of outreach work. We try to get landlords talking to each other and tip each other on problem tennents. We put block clubs together inside apartment complexes to suport the good tennents so that they stay. We do an auto theft program in the apartment complexes. One year we put a group of landlords together to buy some additional off duty cops to patrol the neighborhood. (I'm just dying to hear one of the panty wastes here saying they shouldn't have to pay for it...)
You don't have any more of a clue who I am, then I know who you are and I sign my real name every post.
JMONTOMEPPOF
Chuck Repke
Fair Chuck. If that is what you do I think it is a great step in the right direction.I also believe the city is the exact opposite of what you just described.
Landlords are not the problem so I believe they should be included in the solution the city is trying to accomplish.It is no a fact more then ever that not everyone can own a house or should. Therefore landlords are needed and the city must understand the low margine returns of being a landlord and ease restrictions on the while working with them. That has not been the case Chuck and I'm sure you can agree.
Last thing. Can you please admit if the city is using code to address behavior it is wrong?
Tim Ciani
Tim, I have said that before. I believe that if the city was using the code to control behavior issue that it is wrong.
But, that isn't to say that if the cops are coming to a place on a regular basis the City isn't going to notice if there are code issues.
It shouldn't surprise anyone that bad tennents brake shit and if they also get the cops called on them someone will notice that there are violations.
JMONTOMEPPOF
Chuck Repke
Bob could you post that emial where the city is having youths standing on the corner using vulgar language.I think it was an email and there was no talk of code issues but Urman the fire inspector said he would go out and check for code violations when there was no talk of the house.
Chuck this is alittle minor proof that the city does use code to shut properties down to get rid of rowdy tenants.
Tim Ciani
It's not just attitude or behavior, that the city goes after. This thing is so out of control that the pompous bureaucrats go after anyone they please because they just like to push people around.
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