FedEx Freight truck driver 69-year-old William L. Murphy, of Moline, Illinois fell and crushed his head during freezing weather an LTL freight shipment facility that operates semi tractor-trailer combination vehicles

EAST MOLINE, Ill. (KWQC) - UPDATE 2/4 2:21 p.m.: The Rock Island County Coroner has released more information following the death of a FedEx worker in East Moline.




Officials tell TV6 William Murphy's preliminary cause of death was from a traumatic head injury due to a fall.

UPDATE 10:41 a.m.: The Rock Island County Coroner has identified the man as 69-year-old William L. Murphy, of Moline.

UPDATE 2/1 10:29 a.m.: Officials are investigating after a FedEx employee was found dead outside of the FedEx Freight Distribution in East Moline.

Officials say on Thursday, Jan. 31, they were called to the business at 9:24 a.m. The business is an LTL freight shipment facility that operates semi tractor-trailer combination vehicles and other similar shipment methods.

A coworker had discovered the body of a 69-year-old FedEx employee between two company semi tractors parked in a row. Officials say the 69-year-old was a semi driver for FedEx Freight and his personal vehicle was close to the scene.

The East Moline Police Department Investigation Division is conducting a death investigation. Officials say this will take some time to complete.


The cause of the man's death is not currently known and an autopsy has been scheduled for Monday, Feb. 4 by the Rock Island County Coroner's Office.

Officials say FedEx Freight was closed at that location on Wednesday, Jan. 30 due to the cold temperatures. Police right now are working with FedEx Corporate security to review facility access control logs and video surveillance to aid in the investigation.

Officials say at this time it is unknown at this time on what role the freezing temperatures played in the man's death. East Moline experienced snowfall, ice and snowpack conditions as well as subzero temperatures over the last 48 hours. The weather is being considered by investigators as a circumstance may have played a role in the death, but a cause of death will not be available until after the autopsy next week.

The case is still under investigation by the East Moline Police Department and the Rock Island County Coroner's Office.

Anyone with information about this incident can call the East Moline Police Department at 309-752-1545.

ORIGINAL: The Rock Island County Coroner, Brian Gustafson, tells TV6 a 69-year-old male Fedex worker's body was found Thursday morning laying next to a FedEx semi.


Gustafson says, "It is unclear if weather played a part in the death".

Officials say the death is being investigated by the East Moline Police and the Rock Island County Coroner's office.

An autopsy has tentatively been scheduled for Monday. 

Slips, trips and falls are the leading cause of death or injury of workers and all people, in fact.
 Statistics show that the majority (67%) of falls happen on the same level resulting from slips and trips. The remaining 33% are falls from a height.
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MOLINE, Illinois – 

William Lee “Bill” Murphy, 69, of Moline, formerly of Kewanee, died January 31, 2019 in East Moline.

Funeral services will be held at 1:00 p.m., Saturday, February 9 at Rux Funeral Home in Kewanee. Rev. Dr. William R. Toliver will officiate. Visitation will be held from 11:00 a.m. until the time of the service at the funeral home. Burial will be in Pleasant View Cemetery where military rites will be accorded by the Kewanee Veterans Council. Memorials may be directed to the family for a memorial to be established.

He was born November 8, 1949 in Peoria, the son of Wilmer G. and Mabel L. (Ensley) Murphy. He first married Charlene A. Brown and together they had two children, Shannon and Greg Murphy, both of Kewanee, he latered married Pamela Murphy and together they had three children; Tony (Amanda) Murphy of Davenport, IA, Tim (Gail) Johnson of Cambridge and Cricket Murphy of LaFayette and he then married Patricia S. Wiley and they later divorced. Other survivors include two step-children, Toby Wiley and Tyna Hart, three brothers; Gary Murphy, Dave Murphy and Dennis Murphy, all of Kewanee, three sisters; Pat Murphy, Donna Schwigen and Dawn Peed, all of Kewanee, grandchildren; Shelbi, Aleigh, Gunner, Tucker, Brooklyn, Abigail, Mabel, Marissa, Ashlyn, Lilly and Wiley and a great granddaughter, Paislee. He was preceded in death by his parents, two brothers, Mike and Randy, two sisters, Sandy and Sheila and a brother in infancy.

Bill served his country in the U.S. Marine Corps. He was a truck driver for FedEx. He enjoyed riding motorcycles and loved to work. He especially enjoyed spending time with his grandchildren.

49-year-old worker Marion Fletcher died after he was injured in an industrial accident at the Valmont Coatings Gateway Galvanizing facility in Jeffersonville, Indiana

JEFFERSONVILLE, Ind. (WDRB) – 

Company officials have identified a worker who died after an accident at a metal finishing plant in Jeffersonville.

According to Scott Schook, corporate director of safety and health for Valmont Coatings Gateway Galvanizing, the deceased worker is 49-year-old Marion Fletcher.

Jeffersonville Fire Marshal Mike McCutcheon confirmed Fletcher was injured in the accident at the Valmont Coatings Gateway Galvanizing facility around 11 a.m. Wednesday.

McCutcheon says Fletcher was taken to University Hospital in Louisville, where he died.

According to Shook, Fletcher has worked at the facility for a total of nine months: four as a temporary worker, and five as a full-time Valmont employee.

Kirk Knisely, who regularly drops off and picks up shipments from Valmont as a truck driver for Lennox out of Indianapolis, said he's never seen red flags.

"Everybody — where I pull up out here — all fork lift drivers had all their safety gear on, and everything seemed normal," he said. "I just feel it, because I come from a shop that deals with steel, and it's a dangerous, dangerous job, and you can get hurt. Everybody's got to be careful. It's not an easy job."

The company was closed on Thursday, with inspectors from Indiana OSHA as well as the company's head of health and safety on site.

Details about the nature of the accident or exactly how it happened are not yet available.

The galvanizing plant, located at 1117 Brown Forman Drive off Utica Pike, uses different processes to add coatings to metal products and equipment to prevent rust and corrosion, according to its website.

Valmont Industries is a nationwide company based in Nebraska, with plants in several states including Alabama, Illinois, Indiana, Oklahoma, and Virginia. State and federal safety records indicate there have been no serious violations at the Jeffersonville plant in at least 10 years.

Until all of the victim's family members have been notified, company officials have little to say, but Shook did release this statement Thursday morning:


"Unfortunately we have had a very, very serious incident that occurred at our galvanizing plant in Jeffersonville. We are currently cooperating with all authorities including Indiana OSHA."

We are working to gather more details and we'll bring them to you as soon as they're available.

"It's not one of the easier investigations that I've done," Shook said.

An airport worker employed by JBT Corporation was killed at John Wayne Airport late Tuesday night when the 4-foot-tall tire he was working on exploded on a jet bridge

SANTA ANA, CA (CBSLA) —



A worker was killed at John Wayne Airport late Tuesday night when the 4-foot-tall tire he was working on exploded.

The bizarre accident happened in a workshop under Gate 3 at the airport at about 11:30 a.m. as two people were repairing the giant tire on a jet bridge, the walkway that connects the terminal to the plane.

One worker was on top of the tire, and the other on the bottom, when it exploded. One of the workers was killed instantly, while the other walked away without injuries.

The force of the explosion caused a pipe to burst and set off the sprinklers in the workshop, but otherwise did not affect the operations of the airport.

The worker who died has not been identified. The two workers were not employees of the airport, but of a contractor called JBT, which said they are fully cooperating with the investigation into the accident.

“We are deeply saddened by this event, and are focused on providing support and assistance to our employees and their families,” the company said in a statement.

Cal OSHA is expected at the airport Wednesday morning to launch an investigation, which could examine whether the tire was faulty or there was an issue with the repair.



JBT Corporation is an American food processing machinery and airport equipment company. JBT Corporation was incorporated in 2008 when FMC Technologies divested its non-energy businesses. JBT Corporation is based in Chicago, Illinois. Its Airport Equipment Division manufactures and services the Jetway brand of airport passenger loading bridges and other Ground Support Equipment such as Cargo Loaders, Deicers and pushback tractors.

Tree worker 33-year-old Adam Hursen working for Tree Masters died after he was hit by a falling tree in O’Hara Township, PA

O’HARA TOWNSHIP, PA (KDKA) — 

A tree service employee was struck and killed by a falling tree in O’Hara Township late Monday morning.

It happened around 10:45 a.m. on Marberry Drive near Bradberry Drive.

Police and paramedics were sent to the scene for a report of 33-year-old Adam Hursen being hit by a falling tree.

At the scene, responders found Hursen, who had been struck by a falling tree and pinned underneath it.

Hursen was extracted from under the tree and pronounced dead at the scene.

Allegheny County Police say crews from the Tree Masters tree service had been contracted to remove trees at a home on Marberry Drive.

While they were removing one of the trees, it fell unexpectedly and struck another tree, which in turn fell and struck Hursen, who was standing about 40 feet away. Hursen was trapped under the tree for a time before he was able to be freed.

Hursen was a Tree Masters employee.

The investigation is ongoing.

33-year-old Antwian Brifford, of Pikeville, KY was crushed to death by his own truck after he forgot to put on the air brake before exited his truck at the Toyota plant in Georgetown, KY

SCOTT COUNTY, Ky. (WTVQ) –



The Scott County Coroner’s Office has identified a contract worker who was killed earlier this week at the Toyota Manufacturing plant in Georgetown.

The coroner says 33-year-old Antwian Brifford, of Pikeville, died of blunt force trauma to his upper chest.


Brifford, who was an employee of Ryder Trucking, was killed Tuesday when he became pinned between his truck and a trailer.

The coroner says the preliminary investigation reveals Brifford didn’t put on the air brake when he exited the truck.

Brifford leaves behind three children, according to the coroner.



==========================



SCOTT COUNTY, KY. (THECOUNT) —



Antwian Brifford, of Pikeville, Kentucky, has been identified as the victim killed Tuesday in an accident at Toyota Motor Manufacturing Kentucky earlier in the week.

Brifford, 32, was working for Ryder Trucking when he exited his work vehicle without engaging the air brakes, according to reporting by EKBTV.



The vehicle began to move and he was crushed between the tractor and trailer where he would remain for over an hour before he was discovered by a coworker, according to the Scott County Coroner.

Brifford was pronounced dead at the scene of multiple blunt force trauma injuries.

Family and friends took to Facebook to remember the beloved father of three.



===================================


Man Killed In Accident At Toyota Identified As Pikeville Man
Posted by laythan hopkins on February 7, 2019 in Latest News


SCOTT COUNTY, Ky. (LEX 18)– 

The man killed in an accident at Toyota earlier in the week has been identified.

The Scott County Coroner confirms that 33-year-old Antwian Brifford, of Pikeville, died from blunt force trauma to the body.

Brifford, an employee of Ryder Trucking, was killed Tuesday when he exited his truck and did not put on the air brake. He was crushed between the tractor and trailer.

The coroner said he was there for at least an hour before he was found by a coworker.

Funeral arrangements are pending, but they will be held in Alabama. He will be buried there as well.

Brifford leaves behind three children.

A Norfolk Southern employee was struck and killed by a train at the railroad’s Bayview rail yard in East Baltimore as he was switching rail cars

Norfolk Southern railroad employee fatally struck by train in Baltimore 

Colin Campbell The Baltimore Sun


A Norfolk Southern employee was fatally struck by a train at the railroad’s Bayview rail yard in East Baltimore Thursday morning, officials said.

It’s unclear what time the incident happened, and the employee’s name is being withheld until his family has been notified of his death.

The National Transportation Safety Board said it is sending investigators to review the incident, which it said was an accident.

A Baltimore Police spokesman confirmed that a man was struck but referred further questions to the Norfolk Southern Railway Police Department, which is leading the investigation.

“We are cooperating with investigating officials,” Norfolk Southern spokeswoman Susan Terpay said in an email.

==========================================






BALTIMORE (WBFF)--



A Norfolk Southern employee was killed Thursday after an accident at a rail yard in East Baltimore.

The National Transportation Safety Board said the worker was involved in switching cars around 7 a.m. at the Bayview Rail Yard when they were killed.

NTSB officials are headed to Baltimore to investigate the death.


A spokesperson for the NTSB said they don't know the circumstances surrounding the accident.

A statement from the rail company said: A Norfolk Southern employee died on Thursday after sustaining injuries while working at Norfolk Southern’s Bayview rail yard in Baltimore.

At this time, we are not releasing the employee’s name until his family has been notified.

We are cooperating with local officials and the NTSB to investigate the incident.

27-year-old worker Herrera Ignacio, was killed in an explosion at EMR Southern Recycling in Mobile, Alabama

UPDATE 2/11/2019 1:45 P.M.

The man killed in Friday's explosion at Southern Recycling was 27-year-old Herrera Ignacio, according to Mobile Police.

ORIGINAL STORY

MOBILE, Ala. (WKRG) — Police say one person is dead after a work-related explosion at Southern Recycling of Mobile on Friday.

According to police, the explosion happened at around 3:30 p.m. at the facility at 114 Industrial Canal Road.

No foul play is suspected in the man's death.

================================


Worker killed in explosion at recycling center in Mobile
Updated Feb 8; Posted Feb 8



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By Ashley Remkus | aremkus@al.com


A worker was killed in an accident at EMR Southern Recycling in Mobile this afternoon, authorities said.

Mobile police were called to investigate a loud boom at the recycling center at 114 Industrial Canal Road around 3:30 p.m.

Authorities haven’t released the name of the man who died.

“The victim had been involved in a work related accident that resulted in his death,” said Corporal LaDerrick DuBose in a news release. “The incident is under investigation and there are no signs of foul play at this time.”

The investigation is ongoing.

Daniel Claude Hill, a 54-year old worker, died after falling into a tank of hot sulfuric acid at Michigan Seamless Tube in South Lyon, Michigan

Multiple fundraisers have been established to benefit the family of a South Lyon man killed after falling into a tank of sulfuric acid.

Daniel Hill, 54, fell into the tank of 160-degree acid solution on Saturday afternoon at the Michigan Seamless Tube and Pipe facility, 400 McMunn Street, in South Lyon. He died Saturday night after being pulled from the tank by co-workers, showered off, and transported to The University of Michigan Hospital burn unit.

South Lyon Police Chief Chris Sovik called the incident an "occupational accident" and said no criminal charges will be filed. The Michigan Occupational Safety and Health Administration (MIOSHA) is conducting their own investigation, one that could take several weeks or months.

The grandfather known as "Moose" served in the U.S. Army Motor Pool and loved to go boating and fishing during his free time, according to his obituary. He leaves behind his wife, Pamela, and two children, Ashley and Jacquelyn.

According to the Detroit News, the Hill Family moved to South Lyon from Whitmore Lake in July 2018 having just built a new home.

A private visitation is scheduled for family and friends from 2 p.m. to 8 p.m., at Borek Jennings Funeral Home, 7425 E. M-36, PO Box 735, in Hamburg. That will be followed by an 11 a.m. community farewell service on Saturday at the funeral home.

The family is suggesting that memorial contributions be sent to the Livingston County Humane Society as Hill was a lover of animals having three dogs of his own.
Donate to the family

An outpouring of support has been seen in recent days for Hills' family. This includes the establishment of two online fundraisers.

By visiting https://mealtrain.com/o343on, you can donate money, gifts cards, or volunteer to prepare a meal for the Hill Family. The meal calendar runs through the end of March.

OFW Local 1900, the local steel workers union, has set up a GoFundMe page to collect donations as well. As of Wednesday morning, over $8,500 had been donated by 64 people.

You can donate by visiting: https://www.gofundme.com/in-loving-memory-of-daniel-hill.

Company violations

In a statement, the company called the incident "a very serious industrial accident" and said they are conducting their own internal investigation while cooperating with MIOSHA.

Michigan Seamless Tube, a subsidiary of Hammond, Indiana-based Specialty Steels Works Inc., emerged from Chapter 11 bankruptcy in 2017.

The company has seven workplace safety violations since 2012, according to the U.S. Occupational Safety and Health Administation, with fines totaling $93,000.

In November 2012, the company was hit with five violations, four of which were deemed serious, totaling $75,500 in fines.
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Man dies after falling into tank of sulfuric acid in South Lyon
By Ken Haddad

February 11, 2019

South Lyon, Michigan:

A man who fell into a tank of sulfuric acid in South Lyon has died.

Police said a man was rushed to University of Michigan Hospital on Saturday afternoon after falling into a tank of sulfuric acid at Michigan Seamless Tube on McMann Street near 10 Mile Road.

Police said the sulfuric acid was at a temperature of at least 160 degrees.

It is unknown how he fell in or how long the man was in the tank before he was pulled out by a co-worker.

The investigation is ongoing. The man has not yet been identified.

Here is a statement from Michigan Seamless Tube:

"A valued Michigan Seamless Tube employee was involved in a serious industrial accident on Saturday afternoon. The employee was taken to the University of Michigan Hospital at Ann Arbor. He did not survive his injuries and passed way at the hospital. The employee was 54 years of age. The company is conducting a comprehensive investigation of the accident and is cooperating with the Michigan Occupational Safety and Health Administration." 

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Worker falls into acid tank at South Lyon manufacturing plant
Micah Walker, Detroit Free Press 

Feb. 10, 2019


A worker was hospitalized in a burn unit after he fell into a vat of sulfuric acid at a pipe supply company in South Lyon.

South Lyon Police are investigating the incident that occurred at Michigan Seamless Tube on Saturday.

The worker was rushed to the University of Michigan Medical Center in Ann Arbor around 12:30 p.m. after he fell into a tank of sulfuric acid, according to a report from WDIV-TV. Police said the temperature of the acid was at least 160 degrees.

According to the website, Medline Plus, sulfuric acid is a strong chemical that can cause severe burns and tissue damage when it comes into contact with skin. When swallowed, the chemical can cause burns in the mouth and throat, drooling, fever, and difficulty breathing.

It is unknown how long the man was in the tank before a coworker pulled him out or how he fell.

After the coworker rescued him, the man was washed off and taken to the burn unit at the hospital.




==============================
Michigan man dies after falling into tank of sulfuric acid

Feb 11, 2019

Bob D'Angelo, Cox Media Group National Content Desk
 
SOUTH LYON, MICH. —

A Michigan man died Saturday after falling into a tank of sulfuric acid in South Lyon, WDIV reported.


The man, whose name has not been released, was rushed to a hospital after a co-worker pulled him out of the tank, the television station reported.

Police said the temperature of the acid at the suburban Detroit business was at least 160 degrees, the Detroit Free Press reported.

According to MedLine Plus, sulfuric acid is a very strong chemical that is corrosive in nature, meaning it can cause severe burns and tissue damage when it comes into contact with a person’s skin.

It is not known how long the man was in the tank, the Free Press reported.

============================================
 

Obituary

Hill, Daniel (Moose) South Lyon, Michigan 

His Legacy… 

Daniel Claude Hill, 54, passed away February 9, 2019. He was born on October 29, 1964, in Flint, Michigan to Vern Hill and Luella (Townsend) Hill. Daniel married the love of his life, Pamela Johnson, on August 31, 1989, in Ann Arbor, Michigan. 

He will be remembered as being a loving husband, a wonderful father, and the best grandfather to his grandchildren, which he called “his little angels”. Daniel was very generous to everyone he met and a very dedicated, hard worker. He served in the Army in the motor pool and was proud of his service. 

He loved fishing and boating during his free time and had a passion for animals, especially dogs. His dogs Chloe, Ally, and Bella made him very happy. Daniel was affectionately known as “Moose” and will be missed by all who knew him. 

His Family… Daniel will be missed by his wife, Pamela; his children, Ashley (Joshua) Fields, and Jacquelyn Dean; siblings, Yvonne(Gary) Balliet, Douglas (Diane) Hill, Carol (Jerry) Haines, Darrell (Jill) Hill, and Donald (Penny) Hill; grandchildren, Olivia and Connor Fields; and many dear friends. He is preceded in death by his parents, Vern and Luella Hill; and his brother, David Hill.

U.S. EPA Announces First-Ever Comprehensive Nationwide Per- and Polyfluoroalkyl Substances (PFAS) Action Plan

EPA Acting Administrator Announces First-Ever Comprehensive Nationwide PFAS Action Plan

Historic plan outlines concrete steps the agency is taking to address PFAS and to protect public health

PHILADELPHIA (February 14, 2019) — 

Today, at an event in Philadelphia, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler announced EPA’s Per- and Polyfluoroalkyl Substances (PFAS) Action Plan. This historic PFAS Action Plan responds to extensive public interest and input the agency has received over the past year and represents the first time EPA has built a multi-media, multi-program, national communication and research plan to address an emerging environmental challenge like PFAS. EPA’s Action Plan identifies both short-term solutions for addressing these chemicals and long-term strategies that will help provide the tools and technologies states, tribes, and local communities need to provide clean and safe drinking water to their residents and to address PFAS at the source—even before it gets into the water.

“The PFAS Action Plan is the most comprehensive cross-agency plan to address an emerging chemical of concern ever undertaken by EPA,” said EPA Acting Administrator Andrew Wheeler. “For the first time in Agency history, we utilized all of our program offices to construct an all-encompassing plan to help states and local communities address PFAS and protect our nation’s drinking water. We are moving forward with several important actions, including the maximum contaminant level process, that will help affected communities better monitor, detect, and address PFAS.”

The Action Plan describes long- and short-term actions that the EPA is taking including:
•           Drinking water: EPA is moving forward with the maximum contaminant level (MCL) process outlined in the Safe Drinking Water Act for PFOA and PFOS—two of the most well-known and prevalent PFAS chemicals. By the end of this year, EPA will propose a regulatory determination, which is the next step in the Safe Drinking Water Act process for establishing an MCL.

•           Clean up: EPA has already begun the regulatory development process for listing PFOA and PFOS as hazardous substances and will issue interim groundwater cleanup recommendations for sites contaminated with PFOA and PFOS. This important work will provide additional tools to help states and communities address existing contamination and enhance the ability to hold responsible parties accountable.

•           Enforcement: EPA will use available enforcement tools to address PFAS exposure in the environment and assist states in enforcement activities.

•           Monitoring: EPA will propose to include PFAS in nationwide drinking water monitoring under the next Unregulated Contaminant Monitoring Program. The agency will also consider PFAS chemicals for listing in the Toxics Release Inventory to help the agency identify where these chemicals are being released.

•           Research: EPA will develop new analytical methods so that more PFAS chemicals can be detected in drinking water, in soil, and in groundwater. These efforts will improve our ability to monitor and assess potential risks. EPA’s research efforts also include developing new technologies and treatment options to remove PFAS from drinking water at contaminated sites.

•           Risk Communications: EPA will work across the agency—and the federal government—to develop a PFAS risk communication toolbox that includes materials that states, tribes, and local partners can use to effectively communicate with the public.

•           Together, these efforts will help EPA and its partners identify and better understand PFAS contaminants generally, clean up current PFAS contamination, prevent future contamination, and effectively communicate risk with the public. To implement the Action Plan, EPA will continue to work in close coordination with multiple entities, including other federal agencies, states, tribes, local governments, water utilities, industry, and the public.

For more visit:  www.epa.gov/pfas

Background

In May 2018, EPA convened a two-day National Leadership Summit on PFAS in Washington, D.C. that brought together more than 200 federal, state, and local leaders from across the country to discuss steps to address PFAS. Following the Summit, the agency hosted a series of visits during the summer of 2018 in communities directly impacted by PFAS. 

EPA interacted with more than 1,000 people during community engagement events in Exeter, New Hampshire, Horsham, Pennsylvania, Colorado Springs, Colorado, Fayetteville, North Carolina, and Leavenworth, Kansas as well as through a roundtable in Kalamazoo, Michigan and events with tribal representatives in Spokane, Washington. 

The Action Plan was developed based on feedback from these events in addition to information received from approximately 120,000 comments submitted to the public docket.

Color of Law Violations

Color of Law Violations

U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” to willfully deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means the person is using authority given to him or her by a local, state, or federal government agency.

The FBI is the lead federal agency for investigating color of law violations, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way. Those violations include the following acts: 

Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.”

Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.

False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.

The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.

Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.

Filing a Complaint
To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:

• All identifying information for the victim(s);
• As much identifying information as possible regarding the subject(s), including position, rank, and agency employed;
• Date and time of incident;
• Location of incident;
• Names, addresses, and telephone numbers of any witness(es);
• A complete chronology of events; and
• Any report numbers and charges with respect to the incident.

You may also contact the United States Attorney’s Office in your district or send a written complaint to:

Assistant Attorney General
Civil Rights Division
Criminal Section
950 Pennsylvania Avenue, Northwest
Washington, DC 20530

FBI investigations vary in length. Once our investigation is complete, we forward the findings to the U.S. Attorney’s Office within the local jurisdiction and to the U.S. Department of Justice in Washington, D.C., which decide whether or not to proceed toward prosecution and handle any prosecutions that follow.

Civil Applications

While the FBI does not investigate civil violations, Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:

• Lack of supervision/monitoring of officers’ actions;
• Lack of justification or reporting by officers on incidents involving the use of force;
• Lack of, or improper training of, officers; and
• Citizen complaint processes that treat complainants as adversaries.

Under Title 42, U.S.C., Section 1997, the Department of Justice has the ability to initiate civil actions against mental hospitals, retardation facilities, jails, prisons, nursing homes, and juvenile detention facilities when there are allegations of systemic derivations of the constitutional rights of institutionalized persons.

Freedom of Access to Clinic Entrances (FACE) Act Violations 

Violations Beginning in the mid-1980s, the United States witnessed a dramatic escalation in the number of acts of violence and harassment directed towards reproductive health care providers and clinics. These incidents, typically in the form of blockades, arson, use of chemical irritants, bomb threats, death threats, stalking, and vandalism, continued well into the next decade. In 1993, the first murder of a reproductive health care provider occurred. Dr. David Gunn, a physician who provided abortion services, was murdered during an anti-abortion protest at a clinic in Pensacola, Florida.

In response to the alarming trend of increasing violence, the U.S. Congress enacted the Freedom of Access to Clinic Entrances (FACE) Act, Title 18 U.S.C. Section 248, in 1994. Often referred to by its acronym, the FACE Act makes it a federal crime to injure, intimidate, or interfere with those seeking to obtain or provide reproductive health care services – including through assault, murder, burglary, physical blockade, and making threatening phone calls and mailings. This law also prohibits damaging or destroying any facility because reproductive health services are provided within.

Since the passage of the FACE Act, the number of violent crimes committed against reproductive health care providers and facilities has dramatically decreased. The FBI and its local, state, tribal, and federal law enforcement partners aggressively pursue all violations of the statute for eventual prosecution by local United States Attorney’s Offices and/or the Department of Justice Civil Rights Division in Washington, D.C.

In addition to the FACE Act, other frequently considered federal statutes in FACE Act investigations include: Arson or Bombing, Title 18 U.S.C. Section 844(h); Mail Threats/Threatening Communications, Title 18 U.S.C. Section 875(c); Interstate Threats, Title 18 U.S.C. Section 876(c); and Use of Firearm During the Commission of a Federal Violation, Title 18 U.S.C. Section 924(c). Violators of the FACE Act are subject to criminal penalties, including imprisonment and fines. The severity of the punishment demands upon the nature of the offense and whether or not the person who committed the crime is a repeat offender.

It should be noted the FACE Act does not criminalize the lawful exercise of one’s constitutional rights. For instance, it is not a violation to protest peacefully outside of a reproductive health care facility, including such actions as carrying signs, chanting, singing hymns, distributing literature, and shouting as part of First Amendment protected activities – as long as no threats are communicated and facility access is in no way impeded.  

==========================================

Basilis N. Stephanatos, PhD, JD

____________________________________________________________

February 4, 2019

William T. Walsh

Clerk, United States District Court

District of New Jersey

M.L. King, Jr. Federal Building & U.S. Court House

50 Walnut Street

Room 4015

Newark, New Jersey 07101-0999

Tel.: 973-645-3730

THE HONORABLE JOHN MICHAEL VAZQUEZ

United States District Judge

Lautenberg U.S. Post Office & Courthouse

2 Federal Square, Room 417

Newark, New Jersey 07102

Tel.: 973-297-4851/973-645-2157(Deputy Clerk)

RE:     Civil Action No. 02:12-cv-01793 (JMV-JBC)

            JURY FOUND STEPHANATOS NOT-GUILTY

Dear Judge Vazquez:

I am writing to inform the Court that a Bergen County jury of my peers has found me not guilty of all the fabricated charges by Defendants Ronald A. Lucas, Victor D’Agostino that somehow I had pointed a gun at the officers on June 28, 2011.  This was a not-guilty verdict on all four (4) very serious charges on the fraudulently obtained indictment in September 2011. 

THE OFFICERS MADE NUMEROUS ADDITIONAL CONTRADICTING AND UNCORROBORATED STATEMENTS DURING THEIR TESTIMONY EVIDENCING FABRICATION OF EVIDENCE AND CONSPIRACY TO PROSECUTE MALICIOUSLY

During their January 29, 2019 testimony (both direct and cross) Defendants Lucas and D’Agostino made a very significant number of additional contradicting and uncorroborated statements; this led to the non-guilty verdict.

Importantly, the sheriff officers testified under oath that they failed to “knock and announce” prior to performing a search of my home.

The numerous contradicting statements of the sheriff officers provide further proofs that they fabricated their charges against Dr. Stephanatos.

I will submit the additional evidence to this Court only if and when you order me to do so.

THE PASSAIC COUNTY PROSECUTOR PROVIDED “SMOKING GUN” EVIDENCE AGAINST ROBERT DEL VECCHIO

On January 23, 2019, as part of the pre-trial discovery, the Passaic County prosecutor, Mr. Stephen Bollenbach, provided me with several handwritten pages prepared by Defendant Robert Del Vecchio in May 2011.  The newly discovered pages show that Defendant Del Vecchio faxed letters to the Passaic County Sheriff stating that Stephanatos was a “dangerous Deft” and that Stephanatos had threatened him on May 24, 2011.  All these written statements by Defendant Del Vecchio were fabricated by him to prejudice the Passaic County Sheriff against Stephanatos and to force Stephanatos out of his home using the void ab initio ex-parte writ of possession.

Judge Guida, the presiding judge over the criminal proceedings ruled that Dr. Stephanatos did not threatened conspirator Del Vecchio with any physical violence and he only warned Del Vecchio of legal action.

I will submit the newly discovered additional evidence to this Court only if and when you order me to do so.

THE MALICIOUS PROSECUTION CLAIM WILL BE SUBMITTED TO THIS COURT ONLY WHEN ORDERED TO DO SO

I am also writing to inform the Court that I will be filing a claim of malicious prosecution with this or another federal court.  This claim is based on the Fourth Amendment and it is timely, as the criminal proceedings ended in my favor on February 4, 2019.  The Fourth Amendment malicious prosecution claim is a tort action brought in civil court to recover money damages for the harm suffered from the malicious claim.  I will seek to recover money from the Defendants for the various costs associated with having to defend against the baseless and vexatious charges.  The damages will include the cost of making a $300,000 cash bond, attorney fees, and economic harm from being wrongfully incarcerated and not being able to find employment or pursue my law license as a result of the pending charges for the last 8 years. I will also seek to recover money for the emotional distress associated with being jailed and wrongfully prosecuted for the last 8 years by the Passaic County sheriff and the Defendant officers and for the malicious statements made by Defendant Robert Del Vecchio to the sheriff, damaging my good standing and reputation in the community for the last 8 years.

A FOURTEENTH AMENDMENT DUE PROCESS CLAUSE STAND-ALONE CLAIM ALSO EXISTS UNDER SECTION 1983 FOR FABRICATION OF EVIDENCE

Pursuant to Halsey v. Pfeiffer, 750 F.3d 273 (3d Cir. 2014), a court should not foreclose a Fourteenth Amendment stand-alone claim for fabrication of evidence even if a Fourth Amendment malicious prosecution claim fails (for example) because of the existence of probable cause even without the fabricated evidence.  Such a claim is available even if the criminal defendant is acquitted, “if there is a reasonable likelihood that, absent the fabricated evidence, the defendant would not have been criminally charged.” Black v. Montgomery County, 835 F.3d 358, 370 (3d Cir. 2016).  In Michele Black v. County of Montgomery, No. 15-3399 (3d Cir. 2016) where the Third Circuit ruled that “an acquitted criminal defendant may have a stand-alone fabricated evidence claim against state actors under the due process clause of the Fourteenth Amendment if there is a reasonable likelihood that, absent that fabricated evidence, the defendant would not have been criminally charged.”  This fabrication of evidence claim has already been filed with the Court in October 2018.

Based on evidence discovered during the trial, Stephanatos has additional claims against the Passaic County Sheriff.

1.            A §1983 CLAIM FOR FAILURE TO PROPERLY TRAIN, SUPERVISE AND CONTROL OFFICERS (AGAINST THE PASSAIC COUNTY SHERIFF DEPARTMENT);

2.            A STATE LAW TORT CLAIM FOR FAILURE TO PROPERLY TRAIN, SUPERVISE AND CONTROL OFFICERS (AGAINST THE SHERIFF DEPARTMENT);

3.            A §1983 CLAIM FOR FAILURE TO INVESTIGATE (AGAINST THE PASSAIC COUNTY DEFENDANTS)

I will submit the malicious prosecution claim and the failure to investigate, train and supervise the sheriff officers, including the newly-obtained discovery and trial testimonies, to this Court only if and when you order me to do so.

Respectfully submitted,

________________________________

Basilis N. Stephanatos, PhD, JD

PS.:  I had the duty to report to this Court the results of the criminal proceedings and the availability of newly discovered evidence to correct manifest error of law or fact.  Please do not consider this letter as a violation of a standing court order regarding the submission of documents to the Court.

CERTIFICATION OF BASILIS N. STEPHANATOS

I hereby certify under penalty of perjury that the foregoing statements made by me are true and correct.  I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. NJ Court Rule R. 1:4-4(b); 28 U.S.C. §1746.

DATE:  February 12, 2019

Respectfully Submitted,

___________________________________

Basilis N. Stephanatos, PhD, PE, JD