What Case is Sen. Durbin referring to involving Brutality ...

[radio4progressives]

to a disabled person? Sen. Durbin mentioned a case that a handicapp person was seeking justice in a horrible brutality abuse case, but said he wouldn't read the grissley details into the record, and I didn't catch the name of the case...

anyone know?

[MADem]

1. A retarded guy was violated with a broom handle by his co-workers

"Scalito" shot the guy's case down because the lawyer's brief wasn't scholarly enough to suit his miserable ass.

[sandnsea]

2. And Durbin should have SAID IT

I was appalled by that case, more than any other I read about I think. It was just so clear they were brutalizing this young man, it was definitely a wtf is wrong with people case, and would have had people seriously questioning Alito if they had the details.

[mom cat]

3. I think that this scares me the most about Alito. His total lack of

compassion, not only in this case, but in others too. He is too much like the Nazis who were "just following orders".

[sandnsea]

13. Oh yeah, the death penalty case

I'm pretty sure that's the one that cinched it for Russ Feingold. He's talking about innocent people going to their death and Alito is listing legal procedures. :scared:

[mom cat]

24. That is bizarre back ward behavior.

[radio4progressives]

19. bingo! n/t

[radio4progressives]

5. Do you recall the name of the case or what state?

i keep thinking about the Abu Dialo (sp?) case in New York, but that was with Police Officers if memory serves, and i don't think the man was handicapped, but... is that the case?

[MADem]

9. Kenneth Pirolli v. World Flavors

http://www.eeoc.gov/briefs/pirolli.txt

[radio4progressives]

15. excellent thank you... n/t

[radio4progressives]

16. Ok, My read has it that Durbin was right to bring up this case.

I haven't read the entire court transcript, but I have read the locker room allegations. At the very minimum, this certainly is sexual harrassment in the literal sense of the meaning. It was also sexual and physical assault, including acts brutality. Using a broomstick, not in mere vague gestures, but actually using the broomstick as a object to an sodomize this individual.

Alito's dismissal of this case essentially asserting that these acts do not rise to the level of sexual harrassment really does have to make one wonder, what the hell would rise to the occasion and meet that definition in a judge Alito court?

He must NOT be allowed to be seated on this court.

[MADem]

6. It was brought up during the hearings

I suspect the reason he didn't reiterate it is because the time limits for the "I won't vote for this asshole and here's why/I will suck up and vote for him and here's why" speeches was very limited, and he had many points to make.

Look at it this way--you asked. So his point was made. He was piquing the interest of the curious with his cryptic remarks....

[sandnsea]

11. He said it was too graphic

and sordid to mention the details, several times throughout the hearings. I had already known of the case and was disappointed that he went that route. It also wasn't enough because it didn't pique any of the sensationalized media's attention. Where's Nancy Grace when you really need her.

[radio4progressives]

18. we should have called Durbin on this, and requested that he did read

the details... bad on us..

i wonder if amurikans even give a shite about something like this?

[MADem]

20. As I recall, he did use the word 'rape'--you got the drift from what he

said--from the transcript: A mentally retarded individual, Kenneth Pirolli, physically harassed at his workplace; subjected to a hostile, abusive work environment; sexually assaulted by his co-workers. And according to his deposition testimony, he said they attempted to rape him.

I could read to you what's in that record here, but it is so graphic and it tells in such detail the sexual assault that he was subjected to that I'm not going to read it into the record, but I bet you remember it.

...You noted the fact that his lawyer had not adequately provided citations in his brief to places in the record describing the harassment. So you held Kenneth Pirolli responsible for the fact that his lawyer didn't do a good job and denied him -- at least in your view -- denied him his day in court.

How do you explain that crushing hand of fate on this man who was a victim of sexual harassment?

http://www.washingtonpost.com/wp-dyn/content/article/2006/01/11/AR2006011101148.html

[sandnsea]

21. Others didn't either

Any one of them could have been a bit more specific on the case and didn't either. I'm not trying to pick on Durbin at all. I'm sure he did what he thought was right. It's just in this day and age, when they show live incidents on tv where people can actually be killed right before your eyes, well it takes "going there" to get people's attention I'm afraid. Not that I like all of this, but it's just the way it is.

[Fredda Weinberg]

4. As I recall, it was ambiguous

There was no "violation" ... a co-worker used a broom suggestively and the question was whether the bad joke was discrimination. Alito found that the victim's disability was ultimately irrelevant.

It came up during the hearings and Alito's version was not disputed.

[radio4progressives]

8. Durbin said the details of brutality was so grisly, to the extent

that he could not bear to bring himself to read it while televised on C-Span, this was during the hearings a couple of weeks ago.

So, i can't believe your "suggestive" description of this case, would be interpreted as "brutal" and "grisly".

[MADem]

10. Nonsense, read the link I provided above--this kid was tied up and

humiliated, placed in a plastic container, and frightened to within an inch of his life.

Alito is a cold, hard, miserable asshole. Just like his overlord...

[Fredda Weinberg]

22. OK, I read the link.

I don't agree with the district court's summary judgment but my memory was correct - Kenneth Pirolli was fully clothed during the broomstick episode.

Personally, I think the fake fingernails and polish had more to do with the inexcusable behavior than Pirolli's mental condition - and he alleged that he was treated this way because of his disability. If this had been so, there was a retarded female - she had no complaints.

[sandnsea]

14. That was only one incident

There were many incidents over a long period of time, including being thrown in bins, and a whole array of truly despicable behavior. I don't know why Durbin didn't explain the details of this case, it was just awful and obviously done to taunt the guy because of his mental impairments.

[radio4progressives]

17. I agree, Durbin should have read the details on this case n/t

[sui generis]

7. well he also shot it down because he said

they hadn't adequately posited that the victim had established a reasonable grounds that it wouldn't have happened to him had he NOT been learning disabled.

See, that's where the judicial opinion breaks down for me. You could use the same logic to claim that a fourteen year old boy hadn't established reasonable grounds that it wouldn't have happened to him had he NOT been a *MAN*, (or fill in your blank).

He is defective judicial material, and they want to put him on the highest court in the land.

Just another demonstration of their incompetence to do anything but look after their own narrowest self-interest, and NOTHING else.

[radio4progressives]

12. totally agree...

do you remember the name of that case?

[roseBudd]

23. I like when he stated being balck was no more statistically significant

regarding a jury of one's peers.