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(CN) - An avowed atheist who was jailed for refusing to participate in
a 12-step treatment program deserves a new trial of his civil rights claims, the 9th Circuit ruled. Barry Hazle sued his parole officer, several California corrections officials and Westcare Corp. after they revoked his probation for a drug conviction because of his "congenial" refusal to recognize a higher power, as the 12-step recovery method requires. Hazle said he told officials several times about his atheism and reluctance to participate in religious treatment programs after pleading no-contest in 2006 to possession of methamphetamine. Nonetheless, in 2007 he was paroled to a 90-day residential program that offered only the 12 Steps, many of which call for explicit acceptance of God. When he refused to participate, staff reported Hazle to his parole officer, saying that he was being "disruptive, though in a congenial way, to the staff as well as other students," according to the ruling. Hazle then found himself back in prison for another 100 days. His federal civil rights action sought damages for false imprisonment, among other things. U.S. District Judge Garland Burrell in San Francisco found the defendants were indeed liable for depriving Hazle of his First Amendment rights and turned the issue over to a jury to determine the amount of damages. The jury awarded zero damages. Hazle shot back with a motion for a new trial, but was denied. A three-judge panel of the 9th Circuit reversed Friday, finding that Hazle was entitled to something. "The district judge's finding of liability establishes that Hazle suffered actual injury when he was unconstitutionally incarcerated," Judge Stephen Reinhardt wrote for the court. "Given this undisputed finding that Hazle's constitutional rights were violated, and applying the rule that the award of compensatory damages is mandatory when the existence of actual injury is beyond dispute, we hold that the district judge erred in refusing to hold that Hazle was, as a matter of law, entitled to compensatory damages. We therefore reverse the district judge's denial of Hazle's motion for a new trial." http://tinyurl.com/p4pmh65 - - - Ahh, the religious. |
#2
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On Tuesday, August 27, 2013 9:33:33 PM UTC-4, F.O.A.D. wrote:
FOAD = Earl....I get it now. GO **** YOURSELF. |
#4
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On 8/28/13 11:22 AM, wrote:
On Tue, 27 Aug 2013 21:33:33 -0400, "F.O.A.D." wrote: (CN) - An avowed atheist who was jailed for refusing to participate in a 12-step treatment program deserves a new trial of his civil rights claims, the 9th Circuit ruled. Barry Hazle sued his parole officer, several California corrections officials and Westcare Corp. after they revoked his probation for a drug conviction because of his "congenial" refusal to recognize a higher power, as the 12-step recovery method requires. Hazle said he told officials several times about his atheism and reluctance to participate in religious treatment programs after pleading no-contest in 2006 to possession of methamphetamine. Nonetheless, in 2007 he was paroled to a 90-day residential program that offered only the 12 Steps, many of which call for explicit acceptance of God. When he refused to participate, staff reported Hazle to his parole officer, saying that he was being "disruptive, though in a congenial way, to the staff as well as other students," according to the ruling. Hazle then found himself back in prison for another 100 days. His federal civil rights action sought damages for false imprisonment, among other things. U.S. District Judge Garland Burrell in San Francisco found the defendants were indeed liable for depriving Hazle of his First Amendment rights and turned the issue over to a jury to determine the amount of damages. The jury awarded zero damages. Hazle shot back with a motion for a new trial, but was denied. A three-judge panel of the 9th Circuit reversed Friday, finding that Hazle was entitled to something. "The district judge's finding of liability establishes that Hazle suffered actual injury when he was unconstitutionally incarcerated," Judge Stephen Reinhardt wrote for the court. "Given this undisputed finding that Hazle's constitutional rights were violated, and applying the rule that the award of compensatory damages is mandatory when the existence of actual injury is beyond dispute, we hold that the district judge erred in refusing to hold that Hazle was, as a matter of law, entitled to compensatory damages. We therefore reverse the district judge's denial of Hazle's motion for a new trial." http://tinyurl.com/p4pmh65 - - - Ahh, the religious. Has anyone had any better success with drug addiction? The 12-Step programs are self-help and reassurance programs, they are not the sort of "therapy" many addicts need. That therapy incorporates traditional therapy, whether individual or group, and in many cases, prescription therapy. If a drug addict goes cold turkey by himself/herself and right into some 12-step program, the addict has a good chance of falling over and dying. The religious underpinnings and overlay of 12-step programs are off-putting for many addicts. A lot of people simply don't want religion shoved down their throats. |
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#6
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#7
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#8
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On 8/28/13 3:50 PM, wrote:
On Wed, 28 Aug 2013 13:17:52 -0400, "F.O.A.D." wrote: On 8/28/13 1:08 PM, wrote: Conventional therapy is substituting one drug for another. Is Methadone really that much better than Heroin? I understand drug companies make the money not drug smugglers but the drug is about the same. Religion based programs do have the advantage that they are substituting a belief for a drug but I guess you think that is as bad. I do agree it is not the kind of thing that will be successful if it is just a sentence from a court. They have to believe it will work or it won't work. The reality is these things don't really work anyway until the addict decides they don't want to be addicted anymore. For some, there is no "bottom" that is low enough to do that. Maybe we should just have drug zones and let them kill themselves. Free drugs, all you want anytime you want them and come in every morning with a Bobcat to pick up the bodies. There are many types of what you call "conventional" therapy. The 12-step programs are not really therapy; they are support mechanisms. And, once again, if you are an addict on serious **** like heroin, and you stop cold turkey without using a prescribed substitute under careful watch, you might die while trying to get clean. Most of these people continue to use when they are in the 12 step program Really? What stat base are you using for that claim? And, no, I don't believe "faith healing" is the antidote for physical or mental/emotional illnesses. God didn't make you sick and god isn't going to cure you. This isn't "healing" it is simply substituting faith for drugs. It works for some people and I would not deny them the opportunity. I agree with you, this should not be court ordered, per se but it should be an option in court ordered rehab. Rehab, any kind, is generally ineffective over the long haul. People either decide to stop or they don't but you can't make them if they don't want to. Right, so let's not even try, right? |
#9
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#10
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