Monday, February 25, 2019
Poem appreciation – A Poem should not mean but be
In the song A meter should not think up tho be the poet causes the reader to question themselves over how they read a poesy, how they see it.A Poem should not mean precisely be the Poet here from the title is byword a poem should not be looked upon by people as and rowing on paper, seeing them as empty and meaningless, but experience the skin senses and emotion that has been expressed in poems.A poem is a verbal composition designed to convey experiences, ideas, or emotions in a vivid and imaginative way, characterized by the use of language elect for its sound and suggestive power and by the use of literary techniques such(prenominal) as meter, metaphor, and rhyme. This is what the Poet is trying to get across to the reader of this poemDoes it take a crap when the word happiness is pronounced? here right from the start of the poem the Poet asks the question Does it work when the word happiness is pronounced? he is putt this question to the audience forcing them to think d oes it make it happen?, does it bring it to spiritedness?, happiness?. In this name from the poem the Poet is asking the reader be they really feeling the feeling and emotion which is being expressed in poems when they read them rather than just seeing the words.never is the happiness because climax and orgasm ar worlds apart, in this quote from the Poet it shows him expressing his view when he says Never is the happiness meaning not ever, on no occasion, at no eon is it felt in the poem. The Poet uses the word orgasm to represent the strong feeling of emotional excitement which he obviously feels has been put in poems should be conveyed to the reader. The Poet does not feel that these feelings of emotional excitement expressed in Poems argon being picked up by the reader, this is shown when he says orgasm and orgasm are worlds apart this shows just how often the Poet feels the readers of poems are on the same wavelength, way of cerebration as the one who wrote the poem.At ti mes I see it words that are pulled from the depths of unknowing, here the Poet is telling the reader on occasion he sees the words from Poems rely being fully felt for what he believes they should be, the received feeling and emotion from the depths of the unknowing I quote from the Poet.Read also vituperative appreciation of the poem Old Ladies Home.The secret of life in a choppy line of poetry through the washed room of the simple senses, here the poet is once again speaking about how he feels the readers are seeing the poems. The secret of life in a sudden line of poetry, here when the Poet says the secret of life he is telling us just how much feeling he thinks is put into poems. The secret of life refers to the feelings and emotions inside of the Poet who has pen the poem . In a sudden line of poetry, in this quote the Poet uses the word sudden to relate to the unforeseen feeling and emotion that has been put into some(prenominal) poem it is unforeseen by the reader beca use it is coming out of the Poet. finished the washed rooms of the simple senses here the Poet once again tells us how he feels readers are not feeling the fullness of poems. This quote from the Poet tells us he feels that the feeling and emotions in poems are passing through the mind, as washed rooms he refers to it in the poem. The Poet believes the reader is unaware of how to feel the of the depths of the poem by not seeing past the words on paper, apply their simple senses I quote from the Poet.A Poem should not mean but be is an exceptionally well written composition which really conveys the feelings of the Poet onto the reader through by the literature used in the text. This Poem really shows the reader how much feeling and emotion is put into a poem and acknowledge the hidden depths of a poem. I found it a compelling ballad which causes much cerebration.
Consider the presentation of the two main characters Essay
Consider the presentation of the two main characters. What are capital of Texas and Trevor telling us near the pressure on women in the recent and present?Jane capital of Texas wrote The Three Sisters in the 19th century. Jane Austin lived in a mercenary world, and she reflects this in her novels. No secret is made of the deficiency to marry for money. Jane Austin believed that for trades union to work, people must wealthy person the kindred interests.The Three Sisters is about a woman called bloody shame. She has been proposed to by Mr Watts. He is cured than her but she decides to marry him for his wealth and money. She likewise wants to present espouse in the first place any of her sisters and the Duttons. However she fears her life will be miserable if she chooses to get Mr Watts proposal.William Trevor wrote Teresas Wedding around the 1970s. William Trevor was born into a protestant family and brought up in a Catholic companionship. When troubles started to break ou t in Yankee Ireland, William Trevor moved to England but he frequently visited Ireland.Teresas Wedding is likewise about marriage. The story starts off at the party after the wedding. Teresa has too married for convenience because she is pregnant.Both stories deal with loveless marriages and in both(prenominal) stories the women have little control over their lives. They are both at a lower place pressure to marry men they do not love.In Teresas Wedding marriage is seen as a means of escape from a grim community, a place of loneliness and frustration. In The Three Sisters marriage is seen as the only possible fulfilment for a woman.bloody shame is the eldest of the sisters. She has had her first offer of marriage, but she doesnt know how to value it. She wants to be the first to be married, she does not want to marry Mr Watts but she wants to get married before Georgiana and Sophy. She knows that if she turns down the offer, Mr Watts shall ask either one of the sisters, and u ndermentioned the traditional conventions of the time she is expected to marry before her younger sisters. Mary appears to be rattling confused one moment she saysI shall have him and the nextI hate him more than anything else in the worldAustin writes about her own class, the upper middle class, and is very critical about their lifestyles and social behaviour, creating very amusing characters and describing them with crony. She makes a mockery of their snobbish behaviour. She describes Mary as a childish and self-centred girl, who likes to boast and often makes herself pure tone ridiculous in front of others.Teresa is a woman who has just married to a man called Artie Cornish. Teresa had a round, pretty face and black, pretty hair, and was a month and a half pregnant. Teresa is a kind and friendly girl. She is calm, blush though she is faced with the situation of admitting to Artie, her husband, on her wedding day that she had been in the field with his friend Screw Doyle.She sh ows maturity in her optimism about her future, believe that she and Artie might make some kind of marriage togetherTrevor uses tercet person narrative in his story, everything is described in detail, we almost finger part of the festivities. However, he does not write about the characters thoughts and feelings.Austins story is written in first person narrative, in earn form. This helps us to understand the characters fully.In the two stories the women receive pressure from the society they live in. Teresa also receives pressure from the local priest Father Hogan, who shows very little feelings for her when she confesses that she does not love Artie under the circumstances that line of splatter is irrelevantMary receives pressure also from her mother who is determined not to let this opportunity escape of settling one my daughters so comfortablyI think it is a lot easier to get married in modern society because we have no restrictions in who we choose to marry. We also do not h ave our parents choose who we marry, so there is no excuse for marrying some one who you do not love.
Sunday, February 24, 2019
What is Scapegoating?
Scapegoat has been going on for centuries, muckle blaming others for their misfortunes even though the ones that are being punished ad nothing to with it at all. The offmatch known example of scapegoat are the Nazis, who blamed the Jewish bulk for Germanys scotch problems and along with many other difficulties that hit Germany post-World War l. The Nazis incriminate the Jews of being part of a hypothetical conspiracy against Germany and in which let the death Of over 6 million innocent commonwealth.There have been o theories that explain scapegoat which are, thwarting- trespass-displacement and ideological theories of scapegoat. The frustration-aggression-displacement possible action is based on the frustration hero of aggression, meaning frustration causes aggression just now if that aggression put forwardt be emitted to the important sources then that persons aggression leave be displaced toward an easier target.An example, a woman is becoming frustrated because she is being yelled at by her manager, simply will not act aggressively with the fear of losing her job the women will leave work to go home and where she will displace that aggression toward the Innocent target which in case will be her baby. The child is innocent third party and establishs the replacement for her manger. The frustration-aggression- displacement surmisal was the send-off theory of scapegoat but even with 60 years of look into it still lacks substantial support for it to be true.There was a study through with(p) by Carl Havilland and Robert Sear, about the relation of the economic conditions in the 1 asss and the hatred crime of lynching Afri female genitals Americans people. The researchers wanted to prove that white people were using the African Americans as scapegoat when the economic conditions declined but Donald and colleagues later on found with modern statistical tools that the link couldnt truly exist. Thus this theory cannot explain why some outgrows are chosen to be scapegoats and others arent. The ideological theory is the one that will explain why outgrows are chosen to be the scapegoats.The ideological will provide a scapegoat that explains the dilemmas, the people will use this ideology to satisfy the need to understand the originators for their shortage. The ingrowing will make themselves feel better by picking out a common outgrip to compare with and know where to direct the blame. The scapegoats have teentsy power since the ingrown knows he outgrip wont resist, they already disliked the group, may as well be chosen because Of their noticeable features or have well-known stereotypes which makes them standout and can be seen as a threat to society.The example of a period scapegoat can be the illegal immigrates, since they have no paper that makes them a citizen people will use them for cheap labor but will also blame them for united states economic troubles and say that their the reason that we are becoming over po pulated. Describe the telling want theory of hurt. How is congener deprivation a source of dissatisfaction and envyment and how can this belong to prejudice? Also, how can feelings of relative gratification lead to prejudice?The main meaning of relative deprivation theory is people comparing their lives or possessions to others and beginning to feel deprived relative of things they used before or seen other with and believe the people dont deserve those resources. There are devil types of relative deprivation theory. The personal relative deprivation means a person is feeling deprived of as an individual and the group relative deprivation is the person is feeling that their group is being deprived of benefits or of experiences. The group relative deprivation is the type that is connected to prejudice.People become dissatisfy with their lifestyle and envious Of those with a more appealing way of living, do them believing they are the ones who truly deserve it and will start to resent that particular group for obtaining that lifestyle. A study was conducted by Reeve genus Vanessa and Thomas Pettier that had data of white people that felt group deprived. The impression showed that 54% aid they were group relative deprivation expressed damaging arrogances towards African American compared to the 42% that were low in group relative deprivation and showed no connection to prejudice.The opposite of relative deprivation is relative gratification, which is when a people is feeling they are getting better than what they really deserve. The study done by Grammar and Edwards proved that relative gratification can lead to prejudice by asking people if they think in the future their economic situations can either worsen (relative deprivation), or become better (relative gratification), r will it stay the same. They found that both economic futures that changed were also willing to endorse political violence.The same Study was constructed by Gumming and Dammars b ut they added ethic prejudice to be the dependent uncertain and found that both groups that experienced relative gratification and relative deprivation were more prejudice than the controlled group. The feelings of relative gratification can lead to prejudice by people comparing themselves to the outgrip and having negative beliefs of how the outgrip became more successful.
Definition of art Essay
A number of people become asked nigh the value of addressing aesthetics, the philosophy of guile, or the commentary of art. The reasoning is that if it is so hard to fasten, it must therefor be ultimately subjective, and each person should beneficial de borderine for herself what it is. Perhaps we all do ready for ourselves the meaning of anything. Because, as in the tree falling in the forest example, the meaning does not exist if it does not exist for me personally. I am allowed to define submit or chair any way I wish for myself, just now if I hope to communicate with others about tables and chairs, the meaning or rendering must be shared.And that shared meaning derives from a combination of (a) acquired meanings from those whom we discombobulate credibility and (b) connotations developed from our experiences with tables and chairs. If there were really no way to define art, there would be no way to determine what is art, and art could be anything. Fortunately, art can be defined, although not succinctly in communicative form, as we might define table or chair. We learn the definition indirectly through understanding why works have been labelled art by critics and artists in the past, and directly by understanding the perspectives of those critics and artists.From the point of view of complete subjectivity, if art can be anything, it is meaningless as a term == art is everything and nothing. There is nothing that is not art, so everything is art. The term art has no shared meaning and has no value in communication, and yet we use it all the time. By what criteria do you determine what is art for yourself? Because it pleases you? Because it pleases your friends, or someone you respect, or most people around you? What criteria occasion pleasing? What does it do to please?From another perspective, other than pragmatic needs, by what criteria do we select a season? Or what material we prat in museums? By what criteria do we judge quality? How d o we determine good from not good? Whatever criteria we use become our criteria for our aesthetic, which therefore become, in fact, our definition of our art. It is useful and valid for us to question what those criteria are, to contend the validity of those criteria, and to constantly seek new criteria to define the art experience.In order to comprehend the options of criteria, the kinds of questions to ask of our criteria, the possible limits of our personal vision, it is worthwhile to explore the explorations of others. Understand that the definition of art and the determination of quality are conjugate and mutually affected. Alter one and the other is changed. One additional revive is the value in trying to understand how art works have meaning. Once we begin to explore this as artists, our work instantly changes dimension. It moves from the coat to the soul and allows us to refocus on the meaningful.
Saturday, February 23, 2019
Children In Early Modern Europe DBQ
Children DBQIn early advance(a) Europe, various assumptions were made ab out(a) electric shaverren and how to rouse them. Some families went with detachment, tender love, or harshness. All of these assumptions, more or less, alter child-rearing practices.In the 1550s in Florence, Italy, Benvenuto Cellini describes a cartridge clip where he visited his natural, born in wedlock, parole. ..when I wanted to leave he refused to let me go.. breaking into a storm of crying and screaming I detached myself from my little boy and left him crying his eyes out (Document 4) Be form the childhood venomousity rate was so high, men and women would teach themselves to non get themselves so attached to their children, because they would pass a direction at the cause of several(prenominal) shed light on of ailment or lack of good health.In 1693, in London, a famous philosopher by the name of John Locke wrote an essay/ disc called, Some Thoughts Concerning Education. In it, he writes, ..I do not guess any separate but such as suited to the childs capacity and apprehension ..they must be treated as rational creatures.. Make them sensible by the mildness of your carriage and phlegm When Locke write this he means that if you show your child no emotion, your expressive style allow teach them that everything you do is necessary for their swell up-being, and thus, teaching them that nothing will be handed to them in life. (Document 11)In Amsterdam, in 1762, the philosopher Jean-Jacques Rousseau informs us in his writing, Emile, some the negativities of indulgence. An excess of rigor and an excess of indulgence are both to be avoided. If by too much care you spare them every potpourri of discomfort Rousseau is telling us that by protecting the children from every sort of misery in the world, you are not preparing them for the harsh life in early modern Europe. (Document 12)Although most preferred the detachment method when it came to children, some cherished their chil dren and showered them in tender love. Margaret Cavendish, Duchess of Newcastle, writes in a letter around her mothers way of raising her. We were bred tenderly, for my mother naturally did deform to please and delight her children, not to cross and torment them.. Bythis, she believes that cruelty and detachment to children is not healthy for their upbringing, that love is the right, more civilized way up bettering your childs well-being. (Document 9)The families that do lose their children at a young age, some dont grieve while other do so and more. Martin Luther, a Protestant reformer, wrote a letter to a friend on the death of his thirteen course of instruction old daughter, Magdalene, in Wittenberg, Germany, 1542. The force of our natural love is so great that we are unable to refrain from crying and grieving in our hearts and experiencing death ourselves Luther and his wife loved and cherished their daughter so greatly they were willing to ante up up their own lives to le t their obedient and respectful daughter, Magdalene, live on. (Document 2)Some swiftness class families whose children do live on, raise their children with the utmost care, the go around education, and so forth. Christoph Scheurl, a Nuremburg jurist and diplomat, wrote annual notes to himself about his boy Georgs increment and progress, in Nuremburg, Germany, 1538. He likes to deal, delights in it. He is now learning Donat and potty already cite it from memory He knows where everything he puts between his teething comes from Christoph has raised his soon-to-be 6 years old countersign to appreciate whats given to him, by showing him that the food that he eats is given to him by his fathers hard earned money. Christoph has also taught his son Donat, which is the Latin grammar of Donatus which is not something a lower class child would learn let alone read. (Document 1)Some of the population of early modern Europe would moot to cruelty when it came to raising their children. They viewed the young as nothing but unnoticeable beings. For example, King Henry IV wrote a letter to Madame de Montglat, the governess to his six year old son, Louis, in Paris, 1607. I have a complaint to crystallize you do not send word that you have whipped my son. I privation and command you to whip him every time he is obstinate or misbehaves King Henry IV makes this request to the governess because he wants his son to get a line that doing a wrong will bring him consequences. Henry thinks he knows best because he was whipped as a child as well. (Document 8)The Domostroi, a Russian manual on household management written in Moscow, in the 1550s states that, A man who loves his son will whip him often.. He who disciplines his son will find a profit in him This document is stating that a man who whips his son, and one who gives him a good education, will make his son turn into a well-disciplined, understanding, humble man. Having a son like this, well give that father braggi ng rights among his friends. (Document 3)Jean Benedict, a Franciscan preacher, moralist, and professor of theology, writes A Summary of Sins, in Lyon, France, 1584. In this he writes, It must be note that the command of the father obligates the child to obey under pain of mortal sin In this document, Benedict states that the feeling of performing sin should be enough pain and cruelty to makes the child feel his wrongdoings and repent his sins. (Document 7) In conclusion, in early modern Europe, various assumptions were made about children and how to raise them. Some families went with detachment, tender love, or cruelty. All of these assumptions, more or less, affected child-rearing practices.
Introduction to Robotics and Industrial Automation
Adama University of learning and applied scienceSchool of Engineering and Information TechnologyDepartment of Electrical Engineering execute Number ECEG-5506 Course Title Introduction to zombieics and Industrial Automation Lecturer N. N. Credits 3 Course Objectives & Competences to be Acquired * Understand the elements of an industrial robot, mechanisms, sensors, actuators and end effectors. Program robotic manipulators * casualness with artificial intelligence applications in robotics * Introduce industrial constraint circuits and applications of PLCs in modern industrial control Course Description/Course confine * Robotic FundamentalsIntroduction, Robot kinematics rigid body motion transformation of coordinates * Mechanisms and Actuators * Sensors and DetectorsPosition, Velocity, Acceleration, Force crookedness Touch and Tactile Sensors Proximity and Range Detectors, shape Vision * role model and Control of ManipulatorsNewtons equations Euler Lagrange method motion cont rol manipulator control trajectory generation computer control * Robot Applications and ProgrammingPick and place power and arc welding surface coating assembly * Introduction to electronic computer Control Role of computers in the control of Industrial processes (plants). Elements of Computer Controlled motion / Plant. Classification Batch, Continuous, Supervisory and Direct Digital Controls.Architecture Centralized, Distributed and Hierarchical Systems. Man Machine or Human Computer Interface (HCI). * Basic Ladder system of logic and ControlProgrammable Logic Controllers and Applications Lab Exercises Motion control manipulator control shape learning using MATLAB and relevant tools PLC Programming Pre-requisites ECEG-3206 Introduction to Control Engineering Teaching & Learning Methods Lecture supported by tutorial, assignment and testing ground exercises. Assessment/Evaluation & Grading System Assignment (20%), Mid-semester Examination (30%), closing examination (50%) A ttendance Requirements 75% lecture attendance and 100% testing ground attendance Literature Textbook Von Mark W.Spong , Seth Hutchinson , Mathukumalli Vidyasagar Robot simulate and Control, Wiley & Sons Auflage 1st reading Nov 30, 2005). John J. Craig Introduction to Robotics, Mechanics and Control, Prentice-Hall Auflage 3rd edition July 27,2004. References 1. P. J. McKerrow, Introduction to Robotics, Addison-Wesley, 1991. 2. Sciavicco, L. , and Siciliano, B. Advanced Textbooks in Control and Signal Processing Series, Springer-Verlag, London, UK, 2000. 3. Canudas de Wit, Siciliano and Bastin cast and Control of Robot Manipulators, 2nd Ed. , Springer-Verlag London Limited, 1996. 4. Asada, H. and Slotine, J. -J. E. , J Theory of Robot Control, Wiley and Sons, 1986 5. Murray, R. , Li, Z. and Sastry, S. Robot Analysis and Control CRC Press, 1994.
Friday, February 22, 2019
Default Judgment Motion
IN THE unite STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RECASE NO. 04-60600 ROY JESSE LISATH,CHAPTER 7 STEPHANIE MYLO LISATH, JUDGE HOFFMAN Debtors. SSN (LAST quatern DIGITS ONLY) 0486 SSN (LAST FOUR DIGITS ONLY) 9643 RODELL RAHMAAN,Adv. Pro. No. 05-02049 complainant, vs. ROY J. LISATH, aka ROY JESSE LISATH, Defendant. PLAINTIFFS RENEWED MOTION FOR DEFAULT creative thinkerNow play alongs the complainant, Rodell Rahmaan (hereinafter Rahmaan), by and through his nether(a) sign(a) attorney, and respectfully MOVES this Honorable flirt for the instauration of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter Lisath), for the relief demanded in the Complaint, specifically that either thought later obtained by Rahmaan upon those consumes which are the subject matter of that true civil execution en cognomend Rodell Rahmaan v. City of Columbus, et al. designated display case occur C2-02-989, pending in the unify States District move for the Southern District of Ohio, easterly Division, be DECLARED to be excepted from discharge upon the grounds set onwards in 11 U. S. C. 523(a)(6), namely for voluntary and venomous injury. This act re red-hots a Motion for slight Judgment previously served and filed on March 15, 2005, denied without preconceived idea by this Courts Order entered March 24, 2005. Your Movant grounds this Motion upon the Memorandum more specifically set forth hereinafter. Respectfully submitted, /s/ Daniel K.Friend Daniel K. Friend(0019648) 118 East Main Street Columbus, Ohio 43215 Teleph wizard (614) 221-3355 Facsimile (614)-221-3391 netmail emailprotected net Attorney for Plaintiff MEMORANDUM I. Introduction prevail 7055 B. R. incorporates Rule 55 F. R. Civ. P. , which in turn in pertinent naval division provides (a) Entry. When a troupe against whom a judgment for affirmative relief is sought has failed to allege or otherwise defend as provided by these rules and that fact is do to appear by denunciation or otherwise, the clerk shall enter the fellowships default. (b) Judgment. Judgment by default may be entered as follows (1) By the Clerk. When the complainants title against a suspect is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the complainant and upon oath of the come due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and is not an infant or amateurish person. (2) By the Court.In all other cases the party entitled to a judgment by default shall apply to the cost therefor but no judgment by default shall be entered against an infant or incompetent person unless represented in the consummation by a ordinary guardian, committee, conservator, or other much(prenominal) representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the deed at law, the party (or, if appearing by representative, the partys representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application.If, in order to enable the move to enter judgment or to carry it into effect, it is indispensable to fasten on an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the butterfly may stand such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as essential by any statute of the unite States. Rahmaans Adversary Complaint was filed with the Clerk on February 1, 2005.Service of summon and a reproduction of the Complaint upon Lisath and upon his attorney Eden Renee Sarver, Esq. , was made to to each one on February 3, 2005, and proof of service thereon was filed upon the same date. More t han xx days deem elapsed since completion of said service of process. No answer or other defense, nor any motion requesting an extension of clipping to respond to Rahmaans Complaint, has yet been filed or served upon the undersigned. Lisath is in default. See Rules 7004 and 7012 B. R.Rahmaans earlier Motion for Default Judgment was denied without prejudice, and the inwardly Motion, supported by a Memorandum with attachments, provides an nice basis for granting the relief sought. II. Summary of the Facts On July 2, 2004, Lisath filed a joint petition, together with his spouse, in this Court, commencing a proceeding under Chapter 13, Title 11 U. S. C. , designated case tote up 04-60600 (hereinafter the master(prenominal) case). The main case was converted to a proceeding under Chapter 7 on November 2, 2004.At the time of the commencement of the main case Lisath was a defendant in a civil exploit pending in the unify States District Court for this territory entitled Rahmaan v. City of Columbus, designated case number 02-CV-989, together with other defendants (hereinafter the district royal salute action). The district flirt action arose originally from a re-filed civil action brought in the Franklin County, Ohio, Court of Common Pleas. The initial care commencing the initial civil action was filed on April 30, 1998.That civil action was subsequently voluntarily brush off on phratry 13, 2001, but with the right reserved to re-file at heart the applicable one-year percentage point of time (see Rule 41(A) Ohio Rules of Civil Procedure and 2305. 19 O. R. C. ). A new civil action was commenced by re-filing a Complaint upon the same declares and brought in the same court on September 9, 2002. This re-filed action was subsequently out array to District Court on October 4, 2002 (see copy of Notice of Removal with annexed copy of Summons and Complaint connect hereto as Exhibit A).The district court action has not yet gone to trial, and Rahmaan was a scheduled creditor in the main case, although reflected upon Lisaths and his wifes register F with no description as to his assume, except notice nevertheless. Rahmaan holds an unliquidated convey for the overweening use of index out by Lisath and two other co-defendants in the district court action. All other claims Rahmaan has had heretofore against Lisath have been dismissed by Summary Judgment tending(p) in the district court action (see copy of thought process and Order in the district court action attached hereto as Exhibit B).The effective facts underlying Lisaths claim are summarized by the Court in the district court actions suasion and Order, as follows Plaintiff Rodell Rahmaan brings various claims against the urban center of Columbus, Ohio, and several of its police ships officers, arising out of incidents which occurred at his firm on April 27, 1997, and April 30, 1997. Plaintiff has been engaged in a dispute with his neighbor, pack Casey, for a period of time prior to the events in question. Casey had called the police quetch of trumpet-like music coming from Plaintiffs residence on several occasions.Plaintiff perceived this as harassment. On Sunday morning, April 27, 1997, incumbent Olander put was dispatched on a disturbance call to Caseys residence. Upon arrival, he observed Casey standing on his porch engaged in a cheering match with complainant, who was in the second story window of his home crossways the street. Casey reported that plaintiff was panicening him. Plaintiff admits that he did initiate a loud conversation with Casey from his bedroom window, that both of them were using profanity and that his spoken communication to Casey may have been perceived as a veiled threat. Plaintiffs deposition, pp. 7-79, Exh. B to Defendants Motion for Summary Judgment. According to military officer park, plaintiff refused to end the disturbance, whereupon Officer Parks advised plaintiff that he was placing him under apprehe nd and asked him to come out of his home to be taken into custody. fleck Officer Parks was disquisition with Casey, he observed a schoolgirlish fair sex walk a large Rottweiler wiener from behind plaintiffs residence and enter the front door. While Parks was speaking to plaintiff at his front door asking him to come outside, the woman was standing behind him with the dog, and she stated, Youre not arresting my daddy. Plaintiff refused to come outside, whereupon Parks called for assistance. Sgt. Jerome Barton and several other officers responded to Parks call. Sgt. Barton advised plaintiff that he was being aerated with bare-knuckled conduct and that he had an outstanding transaction warrant. Barton requested that plaintiff come outside, but plaintiff continued to refuse. Sgt. Barton truism the dog while he was speaking to the plaintiff. Sgt. Barton did not take the plaintiff into custody. Instead, he instructed him to take address of both warrants at the courthouse. Plaint iff concur to do so. Sgt.Barton instructed his officers to depart, believing that peace had been restored. Plaintiff has a somewhat varied version of his conversation with Sgt. Barton. According to plaintiff, it was his understanding that the sergeant and his officers agreed to depart in return for plaintiffs agreement to take care of his outstanding traffic warrant, and he was unaware that he was being charged with rough-and-tumble conduct. After departing the premises, Officer Parks proceeded to the Municipal Court of Franklin County, Ohio, where he filed a complaint charging plaintiff with bare-knuckled conduct, and a warrant was issued for his arrest.The disorderly conduct charge was assigned case number 10608-97. Officer Parks alike filed a temporary situation information report for plaintiffs residence address with the police dispatcher, which stated Large Rottweiler at this location and the resident will have dog attack officers. Also, valued person there by name of Ro dell Rahmaan. M. B. , 44 YOA for disorderly. On April 30, 1997, plaintiff drove his wife to the Franklin County Municipal Court and instructed her to go inside and take care of his outstanding traffic charge.She did so, and upon returning to his car, she advised him that the clerks office had informed her that there was an outstanding warrant against him for disorderly conduct and that he should report voluntarily in order to avoid arrest. allegedly believing that a mistake had been made, plaintiff decided instead to go home and watch a basketball game on television. later(prenominal) that afternoon, Officers Jackson Rennie and Kyle McKeon were dispatched to plaintiffs residence on a loud music complaint.These officers were also told by the dispatcher that the resident had warrants for his arrest, and they were advised of the mental ability of Officer Parks temporary situation information report concerning the dog. Officers Roy Lisath and Joseph Murray perceive the dispatch and d ecided that they also would respond. Officers Lisath and Rennie went to the front door of plantiffs residence and knocked. Plaintiff answered the door and the officers advised him that they had been dispatched on a noise complaint and that they had a warrant for his arrest.They asked him to come outside and be arrested. The officers claim that plaintiff refused to be arrested, resisted arrest, and ordered his dog to attack them. Officer Lisath drew his side arm and fired at the dog. Officer Rennie fired one shot from a shotgun, killing the dog. According to the officers, plaintiff continued to resist arrest and was maced. He was taken into custody and charged with resisting arrest. Plaintiff denies that he resisted arrest, denies that he ordered his dog to attack the officers and denies that his dog did attack the officers.Plaintiff claims that he was transported from the horizon of his arrest to a police substation, where he was allegedly subjected to prolonged physical intimida tion by the defendants and other officers while he was handcuffed to a bench. Plaintiff was charged with resisting arrest in the Franklin County Municipal Court in case number 10938-97. The complaint, signed by Officer Lisath, states On or about the 30th day of April, 1997, Rodell Rahmaan did by persuasiveness resist the observant arrest of himself, to wit Rodell K.Rahmaan in the following manner, to wit pushed officers back with an exculpated hand, pulled arms back, attempted to close a door on officers, called for his dog which did attack officers. On January 26, 1998, plaintiff, represented by counsel, appeared for trial on the disorderly conduct charge, case number 10608-97, and the resisting arrest charge, case number 10938-97. At that time, plaintiff entered into a plea agreement, wherein the prosecutor agreed to amend the profanity in case number 10938-97, reducing the charge from resisting arrest to disorderly conduct.Plaintiff agreed to plead guilty to the amend affidav it, and the prosecution agreed, as part of the bargain, to dismiss the original disorderly conduct charge, case number 10608-97. Plaintiff entered a no contest plea to the amended affidavit in case number 10938-97, was found guilty and sentenced to a o.k. of $100 and costs, suspended for time served. A dismissal entry was filed in case number 10608-97, with the following notation These charges are dismissed at the request of P. A. for plea in 97/10938. The dismissal entry was signed by the sentencing judge.On April 30, 1998, plaintiff commenced an action against the city of Columbus and Officer Parks, Lisath, Rennie, Barton, Murray and McKeon, in the Common Pleas Court of Franklin County, Ohio, asserting claims of specious arrest false imprisonment assault bitchy prosecution deprivation of unspecified innate and statutory rights deprivation of rights secured by the Fourth, Fifth, Sixth and Fourteenth Amendments of the Constitution of the United States, wrongful destruction of pr operty, knowledgeable infliction of emotional distress, and damage to reputation.On July 26, 2000, the common pleas court granted defendants motion for compendium judgment, finding that only plaintiffs fourth amendment profligate military force claim remained for trial. Defendants claim that plaintiff had previously voluntarily dismissed all of his state lawfulness claims with the exception of his claim for intentional infliction of emotional distress. Thereafter, plaintiff voluntarily dismissed his complaint on September 13, 2001, and filed the present action in the Common Pleas Court of Franklin County, Ohio, on September 9, 2002.The action was removed to this court on October 4, 2002. (the district court action Opinion and Order pages 1 through 5) The district court action Opinion and Order farther went on to analyze the Motion for Summary Judgment of Defendants, and concluded as follows Conclusion In accordance with the foregoing, defendants motion for summary judgment is granted in part and denied in part. The individual defendants are granted summary judgment on plaintiffs First through Tenth Cause of Action. The city is granted summary judgment on the Twelfth Cause of Action.Defendants Rennie, Parks and Barton are granted summary judgment on plaintiffs Eleventh Cause of Action. Defendants Lisath, Murray and McKeon are granted summary judgment on plaintiffs Eleventh Cause of Action insofar as it alleges the undue use of force by these defendants at the police substation after plaintiffs arrest. The motion for summary judgment of defendants Lisath, Murray and McKeon on plaintiffs Eleventh Cause of Action insofar as plaintiff alleges the excessive use of force at the scene of the arrest is denied.It is so ORDERED. (emphasis supplied-the district court action Opinion and Order page 19) Rahmaan, therefore, has one remaining claim left for trial in the district court action. His eleventh cause of action is set forth in his amended complaint (copy atta ched hereto as Exhibit C), and includes within his claims for deprivation of civil rights under 42 U. S. C. 1983 and 1985 the excessive use of force claim. Lisath and his spouse were issued a discharge of all dischargeable debts under 11 U. S. C. 727 on October 4, 2005, in the main case (see copy attached hereto as Exhibit D). III. Issue Presented for Decision (A)Does Rahmanns remaining claim in the district court action for excessive use of force, if Rahmaan prevails at trial, constitute a claim or debt which is excepted from discharge under 11 U. S. C. 523(a)(6)? (B)Has Rahmaan satisfied his burden of articulating all applicable grounds necessary for this Court to grant default judgment under Rule 7055 Bankruptcy Rules? IV. air 11 U. S. C. 523(a)(6) provides as follows 523. Exceptions to discharge. a)A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt- . (6) for headstrong and vixenish injury by t he debtor to other entity or to the property of another entity Lisaths discharge is ineffective as against Rahmaans remaining claim for excessive use of force in the district court action for the reasons more fully set forth hereinafter. First, the above cited paragraph excepts debts for willful and malicious injury by the Debtor to another person or to the property of another person.Under this paragraph willful means thrifty or intentional. In Kawaauhau v. Geiger, 522 U. S. 57, 118 S. Ct. 974, 140 L. Ed. (1998), the Supreme Court articulated the elements necessary to fulfill the Section 523(a)(6) exception to dischargeability. An act (or omission) must be taken with the actual intent to cause injury. As the Court noted in its Opinion the word willful in the above-quoted subsection modifies the word injury, core that non-dischargeability takes a deliberate or intentional injury rather than still a deliberate or intentional act which leads to injury.In In re Markowitz, 190 F. 3d 455 (6th Cir. , 1999), the Court had occasion to apply the Geiger warning, and specifically held that the earlier standard set forth in Perkins v. Scharffe, 817 F. 2d 392 (6 Cir. , 1987), was overruled. The Perkins case had held that willful and malicious injury will occur when one intends the act, regardless of whether he intends the consequences. This test for the non-dischargeability exception for willful and malicious injury under 11 U. S. C. 523(a)(6) similar to the defense of qualified exemption that was raised in the district court action.Generally, qualified immunity protects a police officer from being sued for his discretionary actions as long as the officer incomplete knewn or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights. . . .affected, or. . . . took action with the malicious intention to cause a deprivation of a constitutional right. . . . . Robinson v. Bibb 840 F. 2d 349, 350 (6th Cir. , 1988) quoting Wood v. Strickland, 420 U. S. 308. , 322 95 S. Ct. 992, 1001, 43 L. Ed. 2d (1975).As the district court found, Rahmaans claims for excessive force were that the defendants continued to apply excessive force even after he Rahmaan was completely balmy. (the district court action Opinion and Order page 16). The district court action Opinion and Order went on to summarize that defendants were not entitled to qualified immunity on plaintiffs claims of excessive force at the scene of the arrest under Section 1983 because it is well settled that the use of excessive force is a violation of the Fourth Amendment (the district court action Opinion andOrder page 16). Accordingly, by its very nature, the excessive force claim of Rahmaan means that if Rahmaan prevails at trial he will have had to upgrade by a preponderance that Lisath took action knowing that his action would violate Rahmaans constitutionally protected Forth Amendment rights or with the maliciou s intention to cause a deprivation of a constitutional right, Rahmaans contention that Lisath continued to apply force after Rahmaan was completely subdued compels the conclusion that such conduct was deliberate, intentional and malicious, if proven.Certainly, it could neither have been besides negligent or reckless. Similarly, in Walton v. City of Southfield, 995 F. 2d 1331 (6th Cir. , 1993), the court, inter alia, held that the self-abnegation of qualified immunity to one of the police officer defendants was to be affirmed. As the court noted There are still genuine issues of temporal fact concerning whether Officer Birberick used excessive force in handcuffing Walton.An excessive use of force claim could be premised on Officer Birbericks handcuffing Walton if he knew that she had an injured arm and if he believed that she posed no threat to him. (Walton 1331, ________) In Adams v. Metiva, 31 F. 3d 375 (6th Cir. , 1994), the court had occasion to analyze a similar excessive use of force claim. The court noted that excessive force claims should be considered under the Fourth Amendment standard which is one of purpose reasonableness under the circumstances (citing Graham v.Connor, 490 U. S. 386 1989). While the objective standard is applied without regard to the officers underlying intent or motivation, under the facts as summarized in the district court action Opinion and Order, it is hard to imagine that Lisath and his fellow defendants could have used excessive force once Rahmaan was subdued in any manner other than intentionally, wilfully and maliciously, assuming that Rahmaan is successful in meeting his evidentiary burden at trial. A review of other authorities does not compel a different conclusion.In Steier v. Best (In re Best), 109 Fed. Appx. 1. 2004 W. L. 1544066 (6th Cir. , 2004-unreported, see copy attached as Exhibit E), the Court summarized the kinds of debts or claims which by their very nature satisfy the willful and malicious injury standa rd of the 11 U. S. C. 523(a)(6) exception intentional infliction of emotional distress, malicious prosecution, conversion, assault, false arrest, intentional liable, and deliberately vandalizing the creditors premises. , Id. at. 4.The Court went on to discuss other kinds of claims that also meet this standard, noting that the creditor must prove that loss was caused by willful and malicious conduct of the debtor, that the debtors actions must be determined to be the cause of the creditors injury and that the injury must invade the creditors legal rights. Id. at 4-5. These tests do not differ from what Rahmaan must prove to meet his evidentiary burden in the district court action to prevail upon his excessive use of force claim.By their very nature, if Rahmaan prevails, he will have met every element described in the willful and malicious injury test. In Kennedy v. Mustaine, 249 F. 3d 576 (6th Cir. , 2001), the Court affirmed the loser court and the district court which had found a calumniation claim to be non-dischargeable under 11 U. S. C. 523(a)(6) and applied principals of issue preclusion to hold re-litigation of whether the statements made by the debtor were defamatory, since under Michigan law they were deemed defamation per se, and therefore conclusively presumed to be harmful.It is respectfully submitted, therefore, that Rahmaan has articulated sufficient facts and provided an adequate basis by submitting the attached exhibits to show that if he prevails in the district court action on his excessive use of force claim, he will have articulated every element necessary to satisfy the 11 U. S. C. 523(a)(6) exception by a preponderance of the evidence. See Grogan v. Garner, 498 U. S. 279, 111 S. Ct. 654, 112 L. Ed. 2d 755 (1991). Accordingly, the foregoing Motion does not suffer from the defects similar to those discussed in Cripps v. disembodied spirit Insurance Co. of North Am. , 980 F. 2d 56 (2nd Cir. , 1990), cert. denied, 499 U. S. 929 (1991) or K ring v. Citibank (In Re Kring), 208 B. R. 73 (Bcy. S. D. Cal. , 1997). Annexed hereto as Exhibit F and made a part hereof is the Affidavit of John A. Yaklevich, establishing that Lisath is not an incompetent person or an infant, and also not in the military service, all as required by B. R. 7055 and by the Servicemembers Civil hiatus Act of 2003, amending and restating, the Solders and Sailors Civil Relief Act of 1940 (50 U.S. C. App. 501, et seq. ). The Motion should be granted and judgment entered accordingly. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that true and accurate copies of the foregoing Renewed Motion for Default Judgment were mailed by ordinary U. S. Mail, postage prepaid, to the following parties in interest at the addresses shown immediately following on _________________ William B.Logan, Jr. , Esq. 50 West Broad Street, Suite 1200 Columbus, Ohio 43215 U. S. Trustee 170 Nort h exalted Street, 200 Columbus, Ohio 43215 Frank M. Pees, Chapter 13 Trustee 130 East Wilson duo Rd. , 200 Worthington, Ohio 43085 Roy J. Lisath, aka Roy Jesse Lisath 2065 Penhook Avenue Lewis Center, Ohio 43035 James E. Nobile, Esq. Nobile, Needleman & Thompson, LLC 4511 Cemetery Road, Suite B Hilliard, Ohio 43026 /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff
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