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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: MulhollandDrive who wrote (105403)3/22/2005 3:20:12 PM
From: Ilaine  Read Replies (1) | Respond to of 793791
 
Count One – she did not have a fair trial in the state proceedings.

Count Two – she did not have due process during the state proceedings.

Count Three – she did not have equal protection of law during the state proceedings.

Count Four – her religious rights are being violated by the hospital, the husband, and the judge.

Count Five – her First Amendment rights are being violated by the hospital, the husband, and the judge

Counts One, Two and Three are non-starters for reasons we have already discussed.

Counts Four and Five are non-starters because a) the hospital and husband aren't state actors, thus not covered by the First Amendment and b) the federal judge ruled that merely because the state judge adjudicated the case is not sufficient to constitute action under color of state law (this is an area of law I haven't researched, but analogizing to other cases I've worked on, I think he's probably right, that ruling in favor of the husband is not, ipso facto, a violation of her First Amendment rights and religious rights.)