Friday, September 30, 2011


HAS AFLAC THREATENED BISD WITH A BREACH OF CONTRACT CLAIM? - THIS ALONG WITH MORE LITIGATION LOOMING ON THE HORIZON BY VMHS STUDENTS - FEDERAL COURT OF APPEALS ISSUES STRONG OPINION

What the document belows shows in the second to last paragraph is a claim by AFLAC that BISD may have breached its two year contract with AFLAC. If this is true then BISD could be facing yet another lawsuit. Now unlike the BISD Board where it has become Bedlam on the Border, AFLAC actually looks at these things as a business decision. I suspect the cost of suing BISD may exceed the benefit.

http://www.docstoc.com/docs/97262175/AFLACDOC (See the second letter)

But this is not where it ends.

DO BISD EMPLOYEES HAVE AN ERISA CLAIM AGAINST BISD

ERISA is the federal law which governs employee benefit plans. It an employer illegally changes the employees benefits plan the employees under ERISA can get an injunction. So here is the scoop - while I think a business decision by AFLAC will mean they will not sue even if there was a breach, but I could be wrong, the employees can unite and hire an ERISA lawyer and seek an injunction against implementation of the new plan.

Ah, but alas Cata - do not fret - the BISD employees are trained to whine, and do nothing as they are being marched to their own death.

FEDERAL COURT OF APPEALS AFFIRMS STUDENT FREE SPEECH

http://www.docstoc.com/docs/97216012/BISD-Free-Speech

Here will find some of the judges comments on the case.  As is always the case with journalists - he misuses legal words - but at least he has the direct quotes of the judges.

http://blogs.dallasobserver.com/unfairpark/2011/09/fifth_circuit_judges_spend_100.php
It is true in the above case the principals won on the issue of qualified immunity - this is not the entire case. In discussing the Plano ISD case what becomes clear is that BISD had to have known it is illegal to drill students for their free speech activities off of campus. This only goes to the qualified immunity for those who allegedly violated the student's rights.  There will be no qualified immunity for acts off campus.

The opinion clearly outlines the law protecting student's free speech. This is a great case law summary. I am certain the parents will have no problem finding an attorney outside Cameron County willing to sue on behalf of their children.

My advice to the VMHS parents is to contact a lawyer today.  Google First Amendment lawyers.  The organization in the Plano case appears to be limited to free speech issues involving religion.  But I could be wrong.

What makes this opinion particularly strong is, it is an en banc decision. This means it went before the entire court, not just three judges.

The funny thing is, even though there is money to be made, the parents will do nothing. I spoke with a parent several days ago - the issue is passed - they started something they never intended to finish.

People can blame Carl Montoya and Presas-Garcia for what happened to Acacia Ameel, but the real blame is with the parents. They started this and then ran leaving Acacia Ameel to fend for herself.

A WARNING TO THE STUDENTS

A student did contact me and asked what can be done - To the Students - for your own good you must consult your parents on what ever you do. Never act without their permission. It is too easy to get all involved in this and then find yourself in trouble. If you have an idea- get your parents involved and allow them to guide you.

12 comments:

Anonymous said...

For the record the change from AFLAC to Colonial had no support from Cata Presas she actually opposed any policy that did not go through the bidding process within BISD. Check your facts compadre. You are off on this one.

Anonymous said...

That is because as aprent I do not want my child involved ina political dispute by Ms. Ameel over her relationship with Ms. Fox. It is a love triangle and I want my child to stay as far away as she can from that.

BobbyWC said...

check your reading skills - where did I blame Presas-Garcia for this - all I did was raise the question of possible litigation with no reference to Presas-garcia

and for the record if you are so desperate to post your lies and propaganda try not posting them back to back with the same IP address

there is zero evidence of any love triangle but corrupt minds like yours must insist on posting your lies and destroying innocent reputations.

For the record - if asked I will cooperate with google to get all of the identifying information beyond the IP address

google is fully cooperating with the subpoenas on the anony posts.

finally if you are a parent, which I doubt, you are probably the type parent whose kids end up failing in life and serving time

Bobby WC

Anonymous said...

Bobby,
I totally agreed with your comments on the previous posting of the individual who is trying to justify the events of the past few weeks in our local school district by making claims of a special relationship between the school principal and a central office administrator as the reason for not taking any action on the situation. It is obvious that this individual is not a parent but a person who is pretending to misspell words to make the appearance of being one.

Anonymous said...

So when someone comments, It Is received with An IP address? What do you do with that info?

BobbyWC said...

I do not do anything with it - the system I have provides me the IP address - 99.9 % of the time I never even check it - but there are times i determine the poster and then I know for future knowledge.

What people do not know is google knows exactly the address - I mean street address of the poster - just about every court to date when asked has ordered google to provide the poster's street address to the plaintiff in defamation cases.

In fact google is spending a small fortune trying to get the law changed to keep then from having to answer all of the subpeonas.

I consulted with an attorney on this earlier in the week and it would not suprise me if google gets hit with anonymous posts.

In this case if the victim were to ask me to provide the posters IP address I would - a separate service then would locate the physical address of the poster.

The defamatory anony posts will be dead sooner than later - they do not have the votes in the Senate to stop the use of subpeonas- once enough anony posters are sued the use of anony defamatory statements will end, as they should - I have no use for cowards

Bobby WC

Anonymous said...

What's the difference between political free speech and anony defamatory statements? Look at FOX news and what they say. Isn't what they're discussing defamatory statements?

BobbyWC said...

the texas constitution explains the difference in clear terms - you can say whatever you want, but will be held accountable for what you say if it is defamatory.

The government cannot punish speech or prohibit it in advance of it being said - but if you say a person is a drug addict then you can be sued if the statement is false -

it would only be a violation of your right to free speech if the government threatened you with jail time if you made the statement

you are free to say what you want and you are also free to be held accountable for your statements - the key is you cannot be barred from saying it in advance and the government cannot punish you for political statements - but individuals can still sue you if those political statements raise to the level of defamation - not all defamation is actionable

in some cases you must be able to prove actual damages - not always easy even if the statement about you is false - in other cases the law presumes you suffered damages and you do not need to prove them - this is defamation per se

there are only a handful of defamation per se claims

Bobby wc

Anonymous said...

Bobby,
I have many female friends and we do many favors for each other like caring for children, making food,etc. We are very affectionate because we really love and care for all our family members.
does that mean we are lovers as is being said about Ms. Ameel and Ms.Fox?
Is it not possible to have friends without being accused of having a romantic relashionship? Why are we so cynical?
Why are people trying to distort something to rationalyze bad behavior?
I hope it is discovered who is making all this accusations because this is getting ridicoulous.
I will bet I know where it is coming from and who is reponsible but only time will tell.
Have a blessed day.

BobbyWC said...

If they sue, and I hope they do - google will respond to the subpeona

But I know people - they will not sue - the VMHS parents will not act further -

This is just the way it is

bobby WC

Anonymous said...

Hey Bobby, do you not think it is Cata Presas-Garcia commenting on the first two comments here. It sure sounds like her. Just saying........

BobbyWC said...

I think some of the more bizarre comments posted here and else where are hers and Longoria's.

This morning I am being told the FBI conducted some interviews of a Board member - anyone else here anything - I do not trust this source

Bobby WC