Author Topic: Mother seeks $100 million in sons death  (Read 1926 times)

Desertdog

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Mother seeks $100 million in sons death
« on: September 29, 2006, 06:50:27 PM »
Probably won't win, but may make them think a little more about illegal aliens.

Mother seeks $100 million in sons death
http://www.altoonamirror.com/News/articles.asp?articleID=5197
By Phil Ray, pray@altoonamirror.com

 
HOLLIDAYSBURG  The mother of a man killed in a triple homicide last year plans to sue the federal government for $100 million, court documents state.

Sandra Miller of Altoona is the mother of Stephen Heiss, who died Aug. 28, 2005.

Miguel Padilla was convicted and received death sentences this month for killing Alfred Mignogna, owner of the United Veterans Association building; Fredrick Rickabaugh Sr., UVA doorman; and Heiss, a patron.

The jury wasnt told that Padilla is an illegal alien.

The civil lawsuit notice, filed by attorney Art Cohen of Hollidaysburg, blames the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement for allowing Padilla to remain in the United States.

Padilla, 27, came to America as a young boy with his mother and brothers to escape an alcoholic father.

He graduated from Penn Cambria High School but never became a U.S. citizen.

He was involved in a stabbing incident in which the victim was his then-father-in-law.

ICE never took Padilla into custody or attempted to deport him.

U.S. Rep. Bill Shuster, R-9th District, spoke of the case on the House floor, saying ICE did nothing about Padilla.

Most of the money sought is for punitive damages because the government did not take any action that could have prevented the homicides.

An attorney with ICE declined comment Wednesday. ICE has asked Cohen to provide it with more details concerning the Padilla case.

Mirror Staff Writer Phil Ray is at 946-7468.

Antibubba

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Mother seeks $100 million in sons death
« Reply #1 on: September 29, 2006, 07:18:49 PM »
Call it a stupid lawyer stunt if you want, but if it takes this kind of thing to get a secure border...
If life gives you melons, you may be dyslexic.

CAnnoneer

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Mother seeks $100 million in sons death
« Reply #2 on: September 29, 2006, 09:48:24 PM »
I think it is brilliant! That's the only way to get those corrupt behinds in the bureaucracy to shake it.

What would be even more brilliant would be a lawsuit against a big business employer of illegal aliens, along the same premise.

Monkeyleg

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Mother seeks $100 million in sons death
« Reply #3 on: September 29, 2006, 10:17:43 PM »
Quote from: CAnnoneer
What would be even more brilliant would be a lawsuit against a big business employer of illegal aliens, along the same premise.
CAnnoneer, you've made some very good arguments here and on THR. This, however, is not one of them.

As the November elections draw more near, politicians from both parties have been proposing ways to treat "undocumented workers" (formerly known as illegal aliens) with special privileges. All, of course, to court the Hispanic vote.

Such proposals include giving the illegals--sorry, "undocumented workers"--benefits that should only be given to US citizens.

Those benefits are paid for by--surprise!--you and me and every other taxpayer.

And the illegals (UW's) would get them for free. They wouldn't even need a job to get them.

And your solution is to punish the person who gave them jobs (knowingly or unknowingly), and made the UW's pay into the tax system?

Would you rather the UW's just take in benefits, while producing no taxable income? And punish anyone who would give a job to anyone without running a background check that could cost thousands of dollars?

Sorry, but you make no sense.

Waitone

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Mother seeks $100 million in sons death
« Reply #4 on: September 30, 2006, 02:56:45 AM »
Quote
What would be even more brilliant would be a lawsuit against a big business employer of illegal aliens, along the same premise.
Interesting you mention this in view of that
Quote
http://www.foxnews.com/wires/2006Sep28/0%2C4670%2CUndocumentedWorkers%2C00.html

Court Allows Workers to Sue Carpet Plant

Thursday, September 28, 2006

By ERRIN HAINES, Associated Press Writer

ATLANTA   A federal appeals court ruled Thursday that one of the world's largest carpet makers can be sued under racketeering laws over allegations of hiring thousands of illegal immigrants and depressing wages.

The lawsuit was sent back to the U.S. 11th Circuit Court of Appeals for reconsideration this summer after attorneys argued the case before the U.S. Supreme Court.

"From my perspective, it's a huge victory,"said lead attorney Harry Foster said from his Chicago office."We get to go to trial."

Former and current workers at Dalton-based Mohawk Industries claim they received lower wages than workers at other companies in the Dalton area, which is known as the"Carpet Capital of the World"and home to carpet plants for Shaw Industries, Interface and other companies.

"Other companies in the area not hiring illegal workers pay significantly more,"Foster said.

Attorneys said they would pursue class-action status, which could include any worker employed by Mohawk between when the case was filed in January 2000 and the time the case goes to trial.

Mohawk has repeatedly denied knowing it had illegal immigrants on its payroll. Calls to Mohawk attorney Juan Morillo were not immediately returned Thursday.

The key question in this case, which has also been raised in others, is whether a corporation that contracts out a service can be part of an illegal"enterprise"under the Racketeer Influenced and Corrupt Organizations Act of 1970. The _ commonly referred to as RICO _ is a federal law originally designed to fight organized crime. RICO.

In 1996, Congress expanded the anti-racketeering law's reach beyond organized crime to include violations of immigration law, such as the hiring of illegal workers.
This could be huge.

Economics created the problem of illegal immigrations and economics will fix it.  The key step is to create a hostile work environment for illegal workers.  I will guarantee you jobs for illegals will dry up when company brass does the perp walk.  No jobs and the illegals will simply deport themselves at their cost; just like they got here.  Solving illegal immigration is not difficult.  What is difficult is growing the moral spine to do it.
"Men, it has been well said, think in herds. It will be seen that they go mad in herds, while they only recover their senses slowly, and one by one."
- Charles Mackay, Scottish journalist, circa 1841

"Our society is run by insane people for insane objectives. I think we're being run by maniacs for maniacal ends and I think I'm liable to be put away as insane for expressing that. That's what's insane about it." - John Lennon

Third_Rail

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Mother seeks $100 million in sons death
« Reply #5 on: September 30, 2006, 04:50:01 AM »
So, if that woman wins $100 million from the US gov't.... won't we be paying that in taxes?

ilbob

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Mother seeks $100 million in sons death
« Reply #6 on: September 30, 2006, 05:11:53 AM »
I doubt this will ever see a court room except tfor the judge to dismiss it.

Government has civil immunity for anything it does not specifically accept responsibility for.

They have not accepted liability for the acts of any criminals, or for not keeping you safe from those criminals.
bob

Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.

Dannyboy

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Mother seeks $100 million in sons death
« Reply #7 on: September 30, 2006, 05:55:34 AM »
Quote from: Monkeyleg
Sorry, but you make no sense.
It doesn't make sense to punish those companies who hire illegal immigrants, the people who give the illegals a reason to come here?  To me, whether or not they pay taxes is pretty much irrelevant.  They shouldn't be here illegally.  The illegals come here to work, correct?  If there are no jobs then they won't come here, at least not in the numbers that they do now.
Oh, Lord, please let me be as sanctimonious and self-righteous as those around me, so that I may fit in.

InfidelSerf

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Mother seeks $100 million in sons death
« Reply #8 on: September 30, 2006, 07:48:23 AM »
Quote
came to America as a young boy with his mother and brothers to escape an alcoholic father.
I love how that line was inserted into the story... as if that somehow justifies the family violating our laws.
As well as a sad attempt to humanize the flea turd.
The hour is fast approaching,on which the Honor&Success of this army,and the safety of our bleeding Country depend.Remember~Soldiers,that you are Freemen,fighting for the blessings of Liberty-that slavery will be your portion,and that of your posterity,if you do not acquit yourselves like men.GW8/76

CAnnoneer

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Mother seeks $100 million in sons death
« Reply #9 on: September 30, 2006, 08:19:58 AM »
Quote from: Monkeyleg
And your solution is to punish the person who gave them jobs (knowingly or unknowingly), and made the UW's pay into the tax system?Would you rather the UW's just take in benefits, while producing no taxable income? And punish anyone who would give a job to anyone without running a background check that could cost thousands of dollars?
I think the best way to think about the problem is "comprehensive" (sorry, I could not resist, hehehehe).

1) Border security alone will not stop illegals, because the magnet is the jobs they can obtain illegally. Brutal punishments for employers mean illegals will find it far more difficult to find jobs, and so they will start leaving. According to statistics, hundreds of thousands choose to leave and go back on their own buck. But, still more come in. We should redress the balance by providing them with further and stronger reasons to leave. Making it ten times harder to find a job is such a reason. Also, electronic verification should not be any harder than paying with a credit card these days. In fact, the same technical system can be used and the fees of use would be just cents. If you do not believe it to be so, please provide counter-reasons.

2) Job control at home will not eliminate the problem alone either. There are jobs, e.g. construction and transportation, that inherently deal with day laborers paid by cash. Tracking all those down is nigh impossible at present. So, illegals will continue flocking to those jobs and they will remain a magnet. My guess is a few harsh examples made with a few employers, certainly including jailtime, will severely discourage but fail to eliminate the practice. In addition, the job control alone will not remove the criminal element, e.g. drug traffickers and similar scum. That is why we need border security. It will not stop all, but will decrease the traffic to levels manageable by the system as a whole. It is similar to bandaging a wound - stop the bleeding and reduce rate of infection, so that the immune system can cope with it while stem cells regenerate the tissue.

3) Job control and border security will not be enough alone either. We need a means for catching the illegals at the local level. That is why leaving this job to feds is untenable. We already have police and sheriffs depts in position. Why count on the feds exclusively? Local LE should arrest the illegals anywhere and deport them to a few holding centers for immediate deportation after proper biometrics has been collected. Illegals found are banned from legal entry into the country for 10 years. Then they are shipped at the expense of the country of origin. Let the other countries pay for and police their own citizens. Let them confiscate local property and hold liens over the returned illegal until they get their money back. The current catch-and-release is pathetic and shameful.

4) The above will still be insufficient. Many will continue coming in, hoping to drop an anchor baby before caught. Ergo, the anchor baby rule must be revoked, just as it has been in other developed countries. Others will flock in hoping to catch the last train before the shutoff and thus remain by some form of amnesty or another. Therefore it should be made clear from the beginning that no amnesty of any kind will be implemented and there would be no statute of limitations applied retroactively. Thus none could hope to hide for a few years until one can surface and legalize through some nonsense like that.

5) Eliminate "freebies" for illegals, except for maybe emergency care. Once they have to pay for everything they get for free now, suddenly their depressed wages will become untenable and so the employers will not be able to benefit from them as they do now.

All of the above measures are far less expensive than people think. We spend and will spend much more on "free" healthcare, education, and other benefits for illegals, if all of this is not fixed. All the above measures would work best when applied together. So, I have to agree with POTUS in the literal sense that we do need a "comprehensive" approach to the alien invasion problem. It is clear however that the goals and methods in mind are quite different, and that is something we need to remedy. Judging by the successful pass of the Fence Bill by the Senate today, I'd like to think we are finally starting to retake control of our government Smiley

Desertdog

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Mother seeks $100 million in sons death
« Reply #10 on: September 30, 2006, 08:39:48 AM »
Quote
5) Eliminate "freebies" for illegals, except for maybe emergency care. Once they have to pay for everything they get for free now, suddenly their depressed wages will become untenable and so the employers will not be able to benefit from them as they do now.
Including the education.  Charge them whatever the average cost of a resident student.

...has left the building.

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Mother seeks $100 million in sons death
« Reply #11 on: September 30, 2006, 08:50:47 AM »
Quote from: veloce851
Quote
came to America as a young boy with his mother and brothers to escape an alcoholic father.
I love how that line was inserted into the story... as if that somehow justifies the family violating our laws.
As well as a sad attempt to humanize the flea turd.
But maybe Padilla's progeny will flee back to Mexico to escape their murderous father....

Tongue

Waitone

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Mother seeks $100 million in sons death
« Reply #12 on: September 30, 2006, 10:34:31 AM »
Quote
So, I have to agree with POTUS in the literal sense that we do need a "comprehensive" approach to the alien invasion problem.
"Comprehensive" is a perfectly good word having a generally accepted meaning EVERYWHERE BUT INSIDE THE CONFINES OF THE FEDERAL GOVERNMENT.  I favor a comprehensive solution along the lines you suggest.  I think adding a bounty to be paid to legal immigrants for fingering illegal immigrants would add a little interest to the process.  But I digress, when the like of McNuts, Graham, Kennedy, ad nauseum use the term "comprehensive" they refer to the addition of provision of law which could not possibly stand public analysis.  

The only chance we have of gaining control over the border is to fix the code one law at a time.  Yeah, I want more than 700 miles but I'll take it an come back after perpwalks at a later date.
"Men, it has been well said, think in herds. It will be seen that they go mad in herds, while they only recover their senses slowly, and one by one."
- Charles Mackay, Scottish journalist, circa 1841

"Our society is run by insane people for insane objectives. I think we're being run by maniacs for maniacal ends and I think I'm liable to be put away as insane for expressing that. That's what's insane about it." - John Lennon

Monkeyleg

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Mother seeks $100 million in sons death
« Reply #13 on: September 30, 2006, 12:27:00 PM »
CAnnoneer, now that you've outlined your position in its entirety, I agree with you.

My issue is with Bush and others who want to punish the employers but not the illegals. That just doesn't make sense from any standpoint.

Standing Wolf

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Mother seeks $100 million in sons death
« Reply #14 on: September 30, 2006, 04:54:34 PM »
Quote
Economics created the problem of illegal immigrations and economics will fix it.
Economics doesn't cause crime, commit crime, fight crime, create crime, or solve crime.
No tyrant should ever be allowed to die of natural causes.

doczinn

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Mother seeks $100 million in sons death
« Reply #15 on: October 01, 2006, 12:17:49 PM »
I'm solidly in favor of controlling who does and doesn't enter our country. That said, anyone who enters as a child (and I'd cap that at 13 or 14) is not, morally speaking, in the same category as the older ones. Deport them, sure, but it's not the same thing.
D. R. ZINN

Headless Thompson Gunner

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Mother seeks $100 million in sons death
« Reply #16 on: October 01, 2006, 12:36:12 PM »
.

Headless Thompson Gunner

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Mother seeks $100 million in sons death
« Reply #17 on: October 01, 2006, 12:40:10 PM »
Quote from: Standing Wolf
Quote
Economics created the problem of illegal immigrations and economics will fix it.
Economics doesn't cause crime, commit crime, fight crime, create crime, or solve crime.
Neither does filing windfall lawsuits against the Fed.  

This lawsuit ain't about preventing crime, or about punishing those responsible for it.  It isn't about illegal immigration, or about politics (at least, it isn't about politics yet - I'm sure it will be by the time it's through).

The ONLY thing this lawsuit is about is getting rich.  Some poor family member of a murder victim somehow connected up with a money-grubbing attorney, and now they're all trying to bilk the tax payers out of $100 million.