Category Archives: Court Cases

THE ESTATE OF HENRIETTA LACKS’ SUES THERMO FISHER SCIENTIFIC INC. OVER USE OF CELLS ON THE 70 YEAR ANNIVERSARY OF HER DEATH

Henrietta Lacks Family and Attorneys Kim Parker, Ben Crump and Chris Seegers praying at an October 4, 2021 press conference

By the Associated Press

The estate of Henrietta Lacks sued a pharmaceutical company on Monday, accusing it of selling cells that doctors at Johns Hopkins Hospital took from the Black woman in 1951 without her knowledge or consent.

The cells taken from the woman who died of cervical cancer, known as HeLa cells, have been reproduced infinitely ever since, and used in countless scientific and medical innovations including the development of the polio vaccine and gene mapping.

The “HeLa cell line, became the first human cells successfully cloned and have since been used continually “for research that has touched nearly every realm of medicine,” lawyers for the estate said in a news release.

Thermo Fisher Scientific Inc., of Waltham, Massachusetts, knowingly mass produced and sold tissue that was taken from Lacks by doctors at the hospital and “a racially unjust medical system,” her estate’s federal lawsuit alleges.

The lawsuit asks the court in Baltimore to order Thermo Fisher Scientific to “disgorge the full amount of its net profits obtained by commercializing the HeLa cell line to the Estate of Henrietta Lacks.” It also seeks an order permanently enjoining Thermo Fisher Scientific from using the HeLa cell line without the estate’s permission.

On its website, the company says it generates approximately $35 billion in annual revenue. A company spokesman reached didn’t immediately comment on the lawsuit.

The remarkable science — and the impact on the Lacks family — have been documented in a bestselling book, “The Immortal Life of Henrietta Lacks” by Rebecca Skloot. Oprah Winfrey portrayed her daughter in an HBO movie about the story.

A group of white doctors at Johns Hopkins in the 1950s preyed on Black women with cervical cancer, cutting away tissue samples from their patients’ cervixes without their patients’ knowledge or consent, the lawsuit says.

“The exploitation of Henrietta Lacks represents the unfortunately common struggle experienced by Black people throughout history,” the suit says. “Indeed, Black suffering has fueled innumerable medical progress and profit, without just compensation or recognition. Various studies, both documented and undocumented, have thrived off the dehumanization of Black people.”

Among the lawyers for the family’s estate is Ben Crump, a Florida-based civil rights attorney. Crump rose to national prominence in recent years for representing the families of Trayvon Martin, Michael Brown, Breonna Taylor and George Floyd — Black people whose deaths at the hands of police and vigilantes helped revitalize a national movement toward police reform and racial justice.

Johns Hopkins says it reviewed its interactions with Lacks and her family over more than 50 years after the 2010 publication of Skloot’s book.

“At several points across those decades, we found that Johns Hopkins could have — and should have — done more to inform and work with members of Henrietta Lacks’ family out of respect for them, their privacy and their personal interests,” Johns Hopkins says on its website.

See Complaint Below

The Estate are represented by National Civil Rights lawyers Ben Crump and Chris Seegers . One of the lawyer, Kim Parker, has also had numerous cases filed in Federal and State Court. Specifically:

Kim Parker, Esquire- According to her website, her practice focuses on counseling the firm’s clients regarding bankruptcy, personal injury and business matters. Prior to joining the Law Office of Kim Parker, P.A., Kim was a Trial Attorney with the Law Offices of Norris C. Ramsey, P.A., where she litigated various matters in the Circuit and District Courts of Maryland. Kim is an experienced Trial Attorney who has tried numerous cases in the District and before juries in Circuit Courts of Maryland. She is a well-respected lawyer and litigator. Ms. Parker is no stranger to civil rights cases. She represented Venus Green, a 90 year Baltimore Professor who was assaulted by the Baltimore City Police. Attorney Parker obtained a $95,000 settlement.

Press Conference Video

Disgraced Philadelphia Judge accused of improperly jailing parents in custody cases admits misconduct charges

Image result for Judge Lyris Younge

Philadelphia Common Pleas Court Judge Lyris Younge, admitted in filings recently made public, to the allegations of judicial misconduct in cases before her in Family Court. In one case, that is the subject of the disciplinary proceedings, a litigant took ill during the proceedings and stepped out in the hallway. When she attempted to return, Younge refused to permit her entry, and terminated her parental rights in her absence. Younge is also accused of berating lawyers, social workers and other litigants in her short 4 year tenure on the bench. Once the disciplinary proceedings started, she was transferred to the Civil Division, were she presides over landlord tenant and other matters. It was reported that she Ordered a building full of tenants “EVICTED” with one weeks notice.

She should be thrown off the bench, and disbarred. She abused her position and has brought the entire profession into disrepute. She is a tyrant and a terrible example for Minority and Female Judges,

Rape Trial of Eric Darko Is Set To Begin On October 15, 2019 in Upper Marlboro, Maryland.

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From Public Facebook 

A recent post by Juanita Baker is making its way around social media. She alleges that Eric O. Darko raped her on May 10, 2017.

Jaunita

Darko was indicted by a Maryland Grand Jury on August 21, 2018, where he is being charged with Rape in the Second Degree, Second Degree Sex Offense and Assault in the Second Degree.

Indict

Under Maryland law, Rape in the Second Degree is defined as:

(1) by force, or the threat of force, without the consent of the other;

(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or

(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.

(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.

(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.

(2) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.

(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.

(iii) The person is not eligible for parole during the mandatory minimum sentence.

(iv) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply.

(d) If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.

 

Darko is being represented by the PG County Public Defenders, and is presumed innocent until proven guilty in a court of law. If convicted, Darko could be sentenced to 20 years imprisonment.

 

Disgraced Lawyer Aaron Morris Schlossberg Sued for Legal Malpractice

 

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On May 16, 2018, Aaron Morris Schlossberg, a New York Lawyer, was recorded in a racist tirade directed to employees of a store he was visiting, who were speaking Spanish. Interestingly, Mr. Schlossberg, also speaks Spanish, French and two other languages according to his website.

As a business lawyer, Mr. Schlossberg represents a number of businesses in litigation and other disputes in court. One of those businesses, Niche Music Group LLC, and one of their Managing Members, Attorney Jonathan P. Clunies, Esq,  filed suit on January 3, 2019, in the Supreme Court for the State if New York. Niche and Clunies, alleges, among other things, that, “Schlossberg’s propensity for public racist outbursts was unknown to Niche until May 16, 2018”. The Complaint goes on to state that “Schlossberg owed a duty to Niche to conduct himself in public in such a way as to not discredit himself or his clients”. In addition, “In committing his public racist outburst Schlossberg failed to exercise the ordinarily reasonably skill an knowledge commonly possessed by a member of the legal profession”.

 

I will continue to follow the case and post updates.

See Complaint Below:

 

See video

 

 

 

The Unjustified Killing of Keegan Von Roberts was ruled justified under Florida’s controversial Stand Your Ground Law.

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Victim Keegan Von Roberts 

Married Florida resident, Keegan Von Roberts (the “Decedent”) 22 years old, was shot to death on July 20, 2017, during an alleged fight with Michael Centanni, IV (“Centanni”). The decedent and Mr. Centanni were allegedly neighbors in Jacksonville, Florida. On October 5, 2017, the States Attorneys Office released its findings wherein it found that Mr. Centanni’s version of events were corroborated by the physical evidence.

It is alleged that Centanni taped trash to the decedents SUV and a purported note saying “Pick up your trash“. The decedent, rightfully upset by the clear unequivocal disrespectful and unneighborly  note; confronted Centanni. While the two allegedly argued, Centanni allegedly used racial epithets toward the decedent, allegedly to add fuel to the intense fire he created.  At some point during the argument, the decedent was shot three times by Centanni. The decedent was pronounced dead. Homicide detectives noted that they found purported drug paraphernalia in the decedent’s vehicle, however, failed to note why a search of the vehicle was necessary in the first instance, in light of the killing occurring outside of the vehicle. Interestingly, media outlets reported that neither the decedent, nor Mr. Centanni have significant criminal records, thus no media attack on the decedent’s character could materialize. As is customary when young African American males are killed either by the police or in this case by a private citizen, they are vilified for their past by mainstream media in an effort to attack the victims credibility, to bring them into disrepute and to give credence to the shooter. This is regrettable. Mr. Roberts was a husband, a father, a son, a brother, a cousin, a nephew, a brother-in-law, son-in-law and friend. His life mattered and the way he died was senseless, repugnant and shocking, to say the least.

Mr. Centanni will not be charged, according to news reports. The decedents family, through their attorney, John Phillips, were notified previously that no charges would be filed.

News reports stated that the family is considering bringing a wrongful death lawsuit against Centanni, however, due to the unfair and unconstitutional way that the statue is written, they may be prohibited from pursuing a cause of action for wrongful death.

Under Florida Stand Your Ground Law, a shooter claiming self-defense is immune from criminal prosecution under Florida law and cannot be arrested or detained unless police have probable cause to believe that the shooter was not acting in self-defense. After being charged, the shooter is entitled to a pre-trial immunity hearing in which a judge must make factual determinations typically left to a jury. If the shooter wins, the [case is dismissed]; if the shooter loses, the case is heard a second time, this time by a jury.

The same Florida statute also [immunizes the shooter] from all civil suits, including those brought by innocent bystanders. If a person, including an innocent bystander, does bring suit against a shooter who is immunized, that person is required to pay the shooter’s attorney’s fees and court costs and must compensate the shooter for lost income and other expenses.

This case is another of example of the flaws in the Florida Stand Your Ground Law. In Florida, unlike most other states, a shooter does not have a duty to retreat. He or she can confront the danger and use lethal force.

In Florida, the shooter has:

NO DUTY TO RETREAT ANYWHERE:
NO DUTY TO RETREAT IN DEFENSE OF PROPERTY:
PRESUMPTION THAT USE OF DEADLY FORCE WAS LAWFUL:
IMMUNITY FROM ARREST OR PROSECUTION:
IMMUNITY FROM CIVIL SUITS

Absolute immunity is somewhat unprecedented, especially without a peer determination. Even sovereign immunity is not absolute. Even the government must answer to the citizens of this country- to the victims’ peers. So how come someone unreasonable can get away with killing if even the government cannot?

SupaButterfly has not found any cases, at least filed in Federal Court in the 11th Circuit, challenging the constitutionality of the Florida civil immunity statue. Fed. Rule. Civ. P.  5.1, provides a vehicle for challenging the constitutionality of a State statue, such as the Florida Stand Your Ground Law. We are hopeful that able counsel for the decedents family will review all  legal avenues, so that the ends of justice can be furthered and that this family can receive the relief they so desperately deserve.  Although, the Florida Supreme Court ruled that a Stand Your Ground Defense will not preclude a civil lawsuit, the statue, as written, however, awards attorneys fees, cost, lost wages and other damages to a Defendant that prevails.

May Mr. Roberts rest in peace and may his family get the justice that they so desperately deserve.

“The Casual Killing Act 1669 to present”

 

Family obtains a Protective Order Against Off Duty Baltimore City Police Officer Damond Durant for brandishing a gun and harassment.

From WBAL Baltimore

View Full Story also at    WBAL11 

An encounter between a Howard County teenager and an off-duty Baltimore City police officer has led to a peace order against the officer.

Jawone Nicholson, 16, and a friend were waiting in a carpool area in their Columbia neighborhood Friday when a man approached them and started asking questions.

Nicholson said they walked toward the man when he made a taunting statement.

“And he pulls his gun out of his jacket pocket, held it right here. It wasn’t in a holster, it was outside the holster, and me and my homeboy put our hands up and started walking through there, and I called my grandmother,” Nicholson said.

Nicholson’s mother, Erica Hamlett, then encountered the man and learned he was a police officer.

“He then hollers out “Baltimore City.’ So we are all looking at each other like, what does that mean?” Hamlett said. “And he says, ‘I’m a Baltimore City police officer.’ So still my question is, why did you pull a gun on my son?”

Howard County police officers arrived, and video shows the officers removing the gun.

The city officer is Damond Durant, who lives half a block away. In a police report, he said, “The subjects then became confrontational. He felt threatened, so he removed his concealed firearm from its holster and positioned it in the low, ready position.”

Nicholson denied being threatening or saying anything that might be seen as threatening.

Durant told Howard County police that he didn’t have time to identify himself as a police officer.

Hamlett said her son was rattled by the encounter.

“He didn’t say he witnessed them committing a crime or there was illegal activity going on. Why did you pull your gun on my son?” Hamlett said.

Nicholson provided Howard County police with a written statement. Durant refused to give one, according to the police report.

The family got a temporary peace order against Durant. They go back to court Monday.

In 2013, Durant broke a man’s jaw during an arrest, resulting in a $55,000 payment to the man by the city. Durant is assigned to the division that helps oversee the consent decree.

Judge Shannon Holmes Scolds Mother and Boyfriend in the Murder of a 3 Year Old Girl.

Judge Shannon A. Holmes has served the 36th District Court in Michigan since 2011. She is a graduate of Dillard University, and the University of Detroit Mercy School of Law. Judge Holmes binding these two (2) worthless individuals for trial. They were accused and subsequently convicted  of the murder of the Mother’s 3 year old child. Judge Holmes opined that “She believed that she was watching Discovery ID Chanel” based on the facts. She opined that the child had sores over 90% of her body.

Sentencing