To sue or not to sue? And who?

Teenager David Fields was reunited with his mother early Friday morning after being locked inside Roosevelt Middle School in Philadelphia for about nine hours Thursday.

During the news coverage his mother was sure to mention she arrive at his school extra early the next morning to fill out paperwork “because something needed to be done”… and by ‘something’ she meant establish negligence… and by negligence she meant sue.

Teen locked in school for nine hours reunites with family
Thirteen-year-old David Fields (via NBCPhiladelphia.com)

It’s easy to see this incident and immediately think “lawsuit”. But before we get all litigious on they *ss, let’s look at the facts first.

With what I know so far, I’d assume the school’s janitors have a standard lock-down policy. One policy for allowing anyone in the school after hours and one to sweep the property.

There does not appear to be any psychological or physical damage to the kid. In fact, he seemed only slightly annoyed. His mom seemed more affected than he was which often leads to frivolous legal actions.

However, if there is an area of a school that could cause a child harm, in any way, it should be inaccessible to passers by. I can see a school board ordering the administrators to take a closer look at both their safety measures and their daily lock-down policies.

They’ve obviously failed on the sweep ~ so shame on them there. On the matter of letting “anyone” in the school after hours bravo. But even still, good judgement might’ve led them to deny entry to the mother and at least sweep the school again.

Either way, with the child showing no immediate damages I hope there isn’t a rush to litigate. All the school has to do right now is focus on their policies and comment on their anti-bullying policies.

I can’t see any “real” grounds for a serious suit that would benefit the family in any way. Further, I can’t see a judicial body looking at THIS issue and penalizing the district’s purse ~ already understaffed/underfunded ~ with a hefty financial judgement. That would put other kids in even more danger.

If I were a school administrator I would issue a statement on the off-duty staff’s policies and trumpet our anti-bullying stance. That’ll at least buffer as much public outcry as possible for now.

Fortunately, this “incident” will likely fade away with no recourse other than an embarrassed kid and some mild janitorial actions.

Commentary on Bill O’Reilly’s “The Tax Man Cometh”

I can actually get with O’ Reilly on this one; well at least that few lines. Oversight seems to be a reactionary quality of Congress and not an aggressive proactive quality. If more eyes were on “our” money and less mouths on the hunt after-the-fact, the remand on the Bush Tax Cuts would be a much easier sell.

Fox News’ Bill O’ Reilly is quoted in his “Talking Points” memo as saying the following:

I love my country and I want it to be strong and the government needs my money to accomplish that. The problem I have is that much of my tax money, and yours too, is absolutely wasted… About $168B goes down the drain every year. And you can just about carry that figure over to every program… There’s nobody watching the trillions dollars spent.

The Tax Man Cometh
The Tax Man Cometh

O’Reilly is one of the only Fox commentators worth listening to… with Chris Wallace a close second.

Most will find it hard to believe but the current President has made huge advancements to the office. The debt is definitely through the roof so that will take more fiscal restraint than Obama has shown he’s capable of. But that’s not been a focus of his term (NOR should it have been).

Nolan ‎$15T in debt is not difficult to reign in but Tea Party member have proven incompetent in cutting spending, Republicans are asleep at the wheel as usual, and Democrats feel that entitlement programs are what this country is made of… I’m actually willing to let some Occupy candidates throw their hats in; if they actually exist anyway. Maybe they can add to the confusion and stagnation.

All in all it’ll be up to the people to make better decisions about the House they elect to represent their interests, the Congress they select to make decisions and the president they want to guide the process.

If you all have any issues with the sitting president (who I feel is doing a B+ job) then do a better job voting.

A Conflict of Interest?

Both justices’ (Clearance Thomas & Elena Kagan) involvement in the case could be SEEN as rising to the level of a conflict of interest warranting recusal.

Supreme Court of the United States
Supreme Court of the United States

I’d rather not have the husband of an opposing lobbyist presiding over it’s court proceedings. And Kagan’s “more-than-remote” involvement of the preliminary court preparations certainly suggests a potential for a compromised view.

I’m just not sure that either instance clearly falls over the line. Neither should recuse themselves.

You can read more about this story at Fox News.

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