Judge Dismisses Clock Boy Suit

[DGUtley]

Federal Judge dismisses 'clock boy' lawsuit saying the school didn't discriminate against Ahmed Mohamed when the Muslim teen's teacher called the police because she thought he made a bomb. The judge said the Plaintiff failed to allege any facts from which the court could reasonably conclude that Ahmed was discriminated against based on his race or religion.



http://www.dailymail.co.uk/news/article-4522560/Federal-judge-dismisses-clock-boy-lawsuit.html

[Captain Obvious]

lawl

He was the poster boy for racialists.

oh well...

[exotix]

Not wise to be a Muslim in Texas .... you need to be a bucktooth hillbilly to bring bombs to school ... LOL



On September 14, 2015, 14-year-old Ahmed gained national attention when his high school teacher suspected he brought a bomb to school.

Ahmed was surprised and showed the teacher it was actually a homemade alarm clock. She told the Muslim teen she would keep it behind her desk for the rest of the day.

Later that day, the teacher called the police who arrested Ahmed at MacArthur High School.



Ahmed's father, Mohamed Mohamed, claimed the officers were overly forceful in pulling him from his chair.

He says they yanked his arms up and behind his back so far that his right hand touched the back of his neck.

Ahmed was booked, finger printed, interrogated and had his mugshot taken for the offense of a 'hoax bomb'.


The charges were later dropped.

[DGUtley]

Not wise to be a Muslim in Texas .... you need to be a bucktooth hillbilly to bring bombs to school ... LOL

Well, according to this judge:

1. Being a Muslim in Texas had nothing to do with it.
2. Being a bucktooth hillbilly (which they don't have in Texas by the way) would've gotten you the very same treatment.

That's what the judge means when he says: The judge said the failed to allege any facts from which the court could reasonably conclude that Ahmed was discriminated against based on his race or religion.

Just so you know, the standard is very low to overcome Summary Judgment. All you have to do is raise a genuine issue of material fact. Not prove an issue of fact, just raise one -- place one in doubt. In other words, this judge found that construing the evidence most strongly in the Clock Boy's favor, reasonable minds can only come to one conclusion and that conclusion is that he was not discriminated against.

[Bo-4]

Yeah, there wasn't much juice behind that lawsuit although the arrest wasn't handled well at all.

So Dave - another superhero performance from King James tonight?

[DGUtley]

Yeah, there wasn't much juice behind that lawsuit although the arrest wasn't handled well at all. So Dave - another superhero performance from King James tonight?

Yes, it wasn't handled well. That's more a product of the super-hyped zero-tolerance rules these days, I think.

I hope Lebron gets a little help from his friends. He sure does seem to be on a mission.

[exotix]

Well, according to this judge:

1. Being a Muslim in Texas had nothing to do with it.
2. Being a bucktooth hillbilly (which they don't have in Texas by the way) would've gotten you the very same treatment.

That's what the judge means when he says: The judge said the failed to allege any facts from which the court could reasonably conclude that Ahmed was discriminated against based on his race or religion.

Just so you know, the standard is very low to overcome Summary Judgment. All you have to do is raise a genuine issue of material fact. Not prove an issue of fact, just raise one -- place one in doubt.

In other words, this judge found that construing the evidence most strongly in the Clock Boy's favor ...


... reasonable minds can only come to one conclusion and that conclusion is that he was not discriminated against.Really ?



http://thepoliticalforums.com/threads/70376-Watch-white-Tulsa-cop-execute-unarmed-black-man?p=2026231&viewfull=1#post2026231

[Adelaide]

It would be hard to actually prove it was partly based on race/ethnicity unless someone openly said something to that effect in front of witnesses. For example, the teacher's call to the police would have been recorded and if she'd said "A Muslim student" it may have held some weight.

Anyways, I don't find this surprising. I do not think it was a frivolous lawsuit but a hard one to prove.

[Bo-4]

I hope Lebron gets a little help from his friends. He sure does seem to be on a mission.

He's from another planet. Same with Steph Curry -

I suspect we're going to see another sweep from both teams.

The finals can't come too soon! :cool2:

[DGUtley]

Really ?

Yes, that's the standard. Federal judges are typically so loathe to toss a case on Summary Judgment that if there anything there to raise an issue of fact, it'd have stayed. Anything. One single tiny little genuine issue to raise a fact on discrimination and it'd have stayed.


It would be hard to actually prove it was partly based on race/ethnicity unless someone openly said something to that effect in front of witnesses. For example, the teacher's call to the police would have been recorded and if she'd said "A Muslim student" it may have held some weight. Anyways, I don't find this surprising. I do not think it was a frivolous lawsuit but a hard one to prove.

Nothing has to be proven at this stage -- you only have to raise a genuine issue of material fact. Something. Anything to put that issue in play. It is a very very tough standard.

[HawkTheSlayer]

.



18152

[Safety]

Really ?



http://thepoliticalforums.com/threads/70376-Watch-white-Tulsa-cop-execute-unarmed-black-man?p=2026231&viewfull=1#post2026231

They said the same thing about the Trayvon and Zimmerman case, even though he was on record as highlighting his race as the reason he was suspicious. So, one has to wonder the objectivity of what constitutes a "reasonable mind".

[exotix]

They said the same thing about the Trayvon and Zimmerman case, even though he was on record as highlighting his race as the reason he was suspicious.


So, one has to wonder the objectivity of what constitutes a "reasonable mind".Let's get the the OP to clarify ... I notice he posted no precedence of what *constitutes a reasonable mind*

[Captain Obvious]

I bet this kid winds up blowing up a coffee shop somewhere

[exotix]

I bet this kid winds up blowing up a coffee shop somewhereObviously he was playing out an ISIS operation.

[Newpublius]

Really ?



http://thepoliticalforums.com/threads/70376-Watch-white-Tulsa-cop-execute-unarmed-black-man?p=2026231&viewfull=1#post2026231

Yes, indeed, if there is a dispute of fact, the jidge, for purposes of a motion to dismiss or a summary judgment motion must look at the fact as those most favorable to the non-moving party.

[exotix]

Yes, indeed, if there is a dispute of fact, the jidge, for purposes of a motion to dismiss or a summary judgment motion must look at the fact as those most favorable to the non-moving party.Proving once again that we are nation of laws ... not men.

[Safety]

Proving once again that we are nation of laws ... not men.

Ooops.

[MisterVeritis]

They said the same thing about the Trayvon and Zimmerman case, even though he was on record as highlighting his race as the reason he was suspicious. So, one has to wonder the objectivity of what constitutes a "reasonable mind".
After all this time you still don't know that was a lie. Fascinating.

[DGUtley]

They said the same thing about the Trayvon and Zimmerman case, even though he was on record as highlighting his race as the reason he was suspicious. So, one has to wonder the objectivity of what constitutes a "reasonable mind".


Let's get the the OP to clarify ... I notice he posted no precedence of what *constitutes a reasonable mind*

Boy that takes me all the way back to 1984, first year law school. Without doing research, it means there has to be some evidence to support the contention -- not innuendo, or argument, or supposition -- but evidence. At the summary judgment standard, the party has to put up some evidence. To get summary judgment (to toss someone's case at an early stage) is very very difficult. The bar is not very high for the responding party to get over. But, you cannot respond with argument -- you have to put up evidence, or at least evidence to raise an argument. Judges just do not toss cases willy nilly. It's not done. Every benefit is given to the suing party -- the clock boy in this instance. 99% of what I do is civil defense -- representing those evil insurance companies -- and it is very difficult to get a case tossed, particularly by a federal judge.

[DGUtley]

Proving once again that we are nation of laws ... not men.
exotix -- The second time we agree today?

[jimmyz]

I guess clock-boy's parents will be returning the Benz and watches now.

[FindersKeepers]

Yes, it wasn't handled well. That's more a product of the super-hyped zero-tolerance rules these days, I think.

I hope Lebron gets a little help from his friends. He sure does seem to be on a mission.

That's exactly what it was -- the zero-tolerance rules in action.

Kids have been suspended for chewing their chicken nuggets into the shape of a handgun, so it's not unlikely that a clock that looked as it did would send a teacher into hysteria.

[The Xl]

What a system, where anyone can sue over anything. Only benefits lawyers and leeches.

[exotix]

@exotix (http://thepoliticalforums.com/member.php?u=516) -- The second time we agree today?
What a system, where anyone can sue over anything. Only benefits lawyers and leeches.Correct ... you're not a man ... you're (merely a subject of ) a law.

[Peter1469]

Bomb boy deliberately made something that could look like a bomb to an untrained civilian. He did it to make a political point.

I wish him the best in his life. Unless he radicalized. Then I wish him a bullet to the head as an enemy of all humanity. Hostis humani gneris. That was the Roman solution to pirates.

[exotix]

Bomb boy deliberately made something that could look like a bomb to an untrained civilian. He did it to make a political point.

I wish him the best in his life.

Unless he radicalized.

Then I wish him a bullet to the head as an enemy of all humanity. Hostis humani gneris. That was the Roman solution to pirates.Blame Texas.

[donttread]

Federal Judge dismisses 'clock boy' lawsuit saying the school didn't discriminate against Ahmed Mohamed when the Muslim teen's teacher called the police because she thought he made a bomb. The judge said the Plaintiff failed to allege any facts from which the court could reasonably conclude that Ahmed was discriminated against based on his race or religion.



http://www.dailymail.co.uk/news/article-4522560/Federal-judge-dismisses-clock-boy-lawsuit.html


Don't there hve to be damages to justify a civil suit?

[Tahuyaman]

One shouldn't construct something which looks like a bomb and take this device to a school. That should be the lesson learned here.

[Peter1469]

Blame Texas.


Incoherent

[Peter1469]

One shouldn't construct something which looks like a bomb and take this device to a school. That should be the lesson learned here.

Unless you are an activist attempting to make a point.

[Dr. Who]

Boy that takes me all the way back to 1984, first year law school. Without doing research, it means there has to be some evidence to support the contention -- not innuendo, or argument, or supposition -- but evidence. At the summary judgment standard, the party has to put up some evidence. To get summary judgment (to toss someone's case at an early stage) is very very difficult. The bar is not very high for the responding party to get over. But, you cannot respond with argument -- you have to put up evidence, or at least evidence to raise an argument. Judges just do not toss cases willy nilly. It's not done. Every benefit is given to the suing party -- the clock boy in this instance. 99% of what I do is civil defense -- representing those evil insurance companies -- and it is very difficult to get a case tossed, particularly by a federal judge.

Very true. The allegations have to be entirely unsubstantiated by the material facts/evidence i.e. Joe Brown gets sued because someone fell on a property at a certain address. Joe Brown files a motion for summary judgment offering evidence that he neither owns that property nor is he responsible for its maintenance. The suit is dismissed because there are no material factual issues remaining to be tried. That almost never happens in my business because the pleadings tend to be like a pot of spaghetti thrown at the wall. Some of the noodles will stick. There is at least one allegation that warrants discovery.

The pleadings in the clock boy case must have been extremely narrow - not enough spaghetti.