“The difficulty is, however, that even while acknowledging the sympathy that all must feel for people afflicted with painful, debilitating physical ailments that cannot be remedied, the court cannot take the place of Congress.” —
Kuromiya v. United States
37 F. Supp. 2d 717
“It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure.” —
Boyd v. United States
116 U.S. 616 (1886)
“This Court ordinarily is not so eager to abandon its precedents. [… ] [T]he Court’s reasoning in reaching its result is transparently wrong.” —
R.A.V. v. City of St. Paul, Minn.
505 U.S. 377 (1992)
“Does a hospital treating a patient in constructive police custody who dies at the hospital from gunshot wounds inflicted by police owe a duty to the decedent’s relatives to locate and notify them? We conclude that the hospital does not owe such a duty.” —
Aguirre-Alvarez v. Regents of Univ. of California
67 Cal. App. 4th 1058, 1060, 79 Cal. Rptr. 2d 580, 581 (1998)
“
The Court does not expect the parties to hold hands and sing “Kumbaya” around a campfire beside the Medina River. Nor does the Court expect the respondents, superintendent, and band director to engage in a public spectacle of self-flagellation for communicating words better left unsaid.
[…]
Finally, the Court reminds the parties of the Fifth Amendment to the United States Constitution which provides in part that “no person shall be compelled in any criminal case to be a witness against himself.” While it is invoked for criminal prosecutions, its underlying premise is instructive for Homo sapien relationships in general: Trouble does not come from words unspoken, particularly in this age of e-mails, tweets, cameras and recorders.
” —Schultz v. Medina Valley Independent School District
Non-Kumbaya Order: The Homo Sapiens Saga Continues
Civil Action No. SA-11-CA-422-FB