Analysis Of Alexis De Tocqueville s Life - 1558 Words

It was Monday, October 27th, 2014; Alexis De Tocqueville was casually heading down to the local election hall in Toronto for the municipal elections occurring that night. As he stepped in and stood in line for his turn, he noticed two individuals ahead of him. At closer inspection, he was in awe to realize these two gentlemen happened to be Adam Smith and Karl Marx, two great philosophers he had always wanted to meet and converse with. Smith and Marx, realizing their admirer staring, immediately recognized Tocqueville as well and at that moment, all three of their eyes lit in excitement. After turning in their votes, the three agreed to go to a nearby restaurant for some nachos because who does not like nachos after voting on a Monday night. Since they had just come from voting for the elections, it was only appropriate the topic of their discussion should be something related. De Tocqueville, taking the initiative when they had settled down, decided to throw a question to Marx and Smith after they had finished snacking on perfectly dressed nachos and having a few drinks. But before he could, Adam Smith declared he was too tired to go through what is about to occur, so they decided to just leave him as he passes out on his seat. Looking at Marx, Tocqueville asked, Well, now that we are here, and have just finished voting and eating, I would like to ask you and your great mind what you personally think about the importance of governments? Having unique opinions andShow MoreRelatedKarl Marx And Alexis De Tocqueville2490 Words   |  10 Pages Though Karl Marx and Alexis de Tocqueville differ, they both contributed greatly to revolutionary concepts of their era. To better understand the analyses between politics, social, and economic changes Marx and Tocqueville discuss, we must first understand the shift of their time and the need for sociological analysis. The 19th century was a time of change and adaptation for everyone and few scholars were capable and w illing to understand the impacts these changes would have on society and itsRead MoreEssay Disillusionment With the American Political System3929 Words   |  16 Pages The last forty years in America have seen tremendous changes technologically and culturally. Life has become increasingly easier as machines designed to improve living standards proliferated. Communications and travel capabilities have advanced dramatically, with long distance phone calls a thing of the past. Computers and smart phones have made an infinite amount of information readily available to students who can now conduct their research from anywhere. Socially the changes have been justRead MoreInfluential Philosophers s Influence On The Founding Fathers1404 Words   |  6 Pagescontributions and influences of The American Government came from philosophers, some of them are the part of our founding fathers and others influenced them to develop the strong nation we are today. One of the first philosophers was Thomas Hobbes (1500’s), who published â€Å"Leviathan†, key points in the book included; people aren’t capable of ruling themselves, primarily because humans by instinct are selfish and need the strength of a strong leader to keep things running smoothly and in control. He alsoRead MoreManchester DBQ1490 Words   |  6 Pagesincrease in pollution, which resulted in bad living conditions. As Edwin Chadwick, a public health reformer, states: Diseases caused by atmospheric impurities and close and overcrowded dwellings [plus] filth and bad ventilation [result in] loss of life [that] is greater than loss of death from death or wounds in modern wars. The point of view of Chadwick is factual and not biased as he is a public health reformer and would correctly point out the living condition in Manchester. The statement aboveRead MoreThe Effect Of Private Property On The Political Field Essay1889 Words   |  8 Pagesworse affects the other. Namely the effect of private property on the nature of political life in a republic as well as the participation in that political life. Jean-Jacques Rousseau in The Social Contract and The Discourses, James Madison in â€Å"Federalist No. 10 and Federalist No. 51† and Alexis De Tocqueville in Democracy in America Volume 2 all discuss the relationship between property and political life. Rousseau argues that property and amour-propre causes humans to destroy their equal societyRead MoreIs Welfare Possible for Marx Under the Capitalist Mode of Production1388 Words   |  6 Pagesself-willed subordination to the system, it is difficult to see why up to 40 percent of the national product must be allocated to the legitimating activities of a welfare state. A second problem is to derive state activities from a ‘mode of production’ analysis.  Eastern Europe may perhaps not qualify as socialist, but neither is it capitalist. Yet there we find ‘welfare s tates too. Perhaps accumulation has functional requirements no matter how it proceeds? (Skocpol and Amenta, 1986; Bell, 1978). TheRead More To What Extent Was Jacksonian Democracy Democratic? Essay1209 Words   |  5 PagesDemocratic?   Ã‚  Ã‚  Ã‚  Ã‚  During the administration of Andrew Jackson, the United States was a nation of change both politically and socially. American society was a society of opportunity. Americans felt that, given a chance, they could make a better life for themselves. This was the era of the common people, the era of democracy. Andrew Jackson appealed to the American people because he stood for values many regarded with favor. However democratic Jackson may seem, he was more tyrant-like than anyRead MoreChildcare Differences Between American And Chinese Culture Essay1670 Words   |  7 Pagesmeans that everyone has a start on any accomplishments they want to achieve. Child discipline is viewed by being fair. If the caregiver treats all of the children fairly, then they will have a better understanding to not achieve dishonest leverage in life. Americans value freedom of choice, individual rights, and happiness. Whereas in China, a Communist country,  individual freedom choice is ext remely bounded. Working class American mothers rarely have time for genuine family endeavors, but higher classRead MoreDid Slavery Cause Racism?3614 Words   |  15 Pages This view of blacks preceded slavery and helped to justify it. At the same time, slavery deepened racism. The two seem to have existed in tandem. During the eighteenth century some thinkers, notably Julien Offroy de La Mettrie, Baron de Montesquieu, Abbà © Guillaume-Thomas-Franà §ois de Raynal, and Adam Smith implicitly offered some hope for Africans by suggesting that environment rather than genetics determined the human personality. Scholars such as these suggested that one could remove the blacksRead MoreUrban Sprawl And The United States3113 Words   |  13 Pageseffect of urban sprawl in the United States with a case analysis of Fairfax County, Virginia. The motivation for this review is to shed light on issues that surround urban sprawl in large metropolitan areas and to discuss recommendations for research and ways to improve various effects of sprawl. The second motivation for this research is to show that there needs to be uniformity among researchers and urban planners, better data and analysis should be done to combat sprawl. My goal with this literature

The Tragic Life of Sylvia Plath Essays - 1486 Words

Sylvia Plath Sylvia Plath, an open minded, free spirited author and poet of a variety of many pieces. All of Plath’s poems are inspired by her personal life and how she viewed it. According to Plath, â€Å"It is a feeling that no matter what the ideas or conduct of others, there is a unique rightness and beauty to life which can be shared in openness, in wind and sunlight, with a fellow human being who believes in the same basic principles† (Sylvia Quotes). Reveals and proves how free spirited and understanding she was. It conveys that people in your life can be influential, but only to a certain extent; then, it is up to the individual, to find the beauty and love in your life, and to find that in another human being is beautiful.†¦show more content†¦In the year 1940, Plath’s father died due to the gangrene in his leg that was caused by untreated and possibly an unrecognizable form of diabetes. Plath was greatly affected by the loss of her father, which inspired her to move to Wellesley, Massachusetts. Plath achieved a full scholarship to Smith College; however, prior to attending Smith College, she had already published a story, â€Å"And Summer Will not Come Again,† and a poem, â€Å"Ode on a Bitten Plum,† which was published in Seventeen Magazine. As time progressed, Plath fought many inner, deep battles within herself, which involved marriage, sexuality, chastity, and her career, thus leading to her mental breakdown. Her morale did not improve any further or at all when she was rejected from a summer writing course at Harvard. On April 1, 1960, her daughter, Freida was born. Now that she had a child, she found very little time to write. She felt like there was no exit and that she was being held down with nowhere to go and nobody to talk to. To make matters worse, her husband, Ted Hughes, kept publishing articles, poems, and books. By Hughes continuation of publication, he was indirectly rubbing it in Plath’s face. With Plath’s deteriorating health and severe depression, she had a miscarriage while pregnant with her second child in February of 1961. The following year, she tried for another, and her son Nicholas Farr was born. Meanwhile,Show MoreRelatedContributions Of Sylvia Plath1302 Words   |  6 Pagesand development of literature. Sylvia Plath was also a profound writer and one of the most respected poets and prose writer of her time as well. She was once described as â€Å"one of the most celebrated and controversial of postwar poets writing in English† (â€Å"Sylvia Plath†). Many of her poems talked about her own mental issues, her marriage problems, conflicts with her parents that were left unresolved, or her vision of herself. Before her death at the age of thirty, Plath had a multitude of followersRead MoreEssay about Sylvia Plath: A Novelist and her Brief Life705 Words   |  3 Pageshighly recognized female novelist and poet, Sylvia Plath, lived a hard and tragic life. Plath was diagnosed with depression, a mood disorder that causes consistent feelings of sadness, at a very young age that made her life complicated in many ways. The battle continued on when she was diagnosed with severe depression later on in life which contributed to her death. Sylv ia Plath was a very successful novelist and poet in the thirty short years of her life, however, the achievements were not enoughRead MoreThe Life of Sylvia Plath1006 Words   |  5 PagesThe Life of Sylvia Plath Sylvia Plaths life, like her manic depression, constantly jumped between Heaven and Hell. Her seemingly perfect exterior hid a turbulent and deeply troubled spirit. A closer look at her childhood and personal experiences removes some element of mystery from her writings. One central character to Sylvia Plaths poems is her father, Professor Otto Emile Plath. Otto Plath was diabetic and refused to stay away from foods restricted by his doctor. As a resultRead MoreSylvia Plath: The Exemplary Confessional Poet1015 Words   |  5 Pagessurprise that Sylvia Plath wrote poetry in this style. Plath suffered from depression most of her life and used writing as an outlet (Spinello). In her works â€Å"Cut,† â€Å"I Am Vertical,† and â€Å"Lady Lazarus,† Plath exemplifies confessional poetry through the themes of resentment, death, and mental illness. To understand why Plath is placed in the literary category that she is, there needs to be knowledge of her personal life. Born in 1932 in Massachusetts, Plath led a short and tragic life. Even as a youngRead MoreLife, Poetry, And Death1467 Words   |  6 PagesLife, Poetry, and Death Death, madness, and love are the main points of impulse in Sylvia Plath’s life, a habit that can be described as part of the unconscious. According to psychological studies, the effects of trauma and experience on an author can manifest itself in their writing (Caruth). For instance, we learned that the suffering of Sylvia Plath her whole life due to depression, the attempted of suicide, and the death of her father. Those traumatic experiences influenced the writing and interpretationRead MoreThe Poetry Of An Author962 Words   |  4 Pageseven the way they were ordered poems. In the case that concerns us Sylvia Plath I could not shake that biographism; What s more, thanks to him I met the poetry of this woman who, otherwise, would never have aroused my curiosity. So, biographical circumstance for some critics is almost like a curse. It has been the key element that led me to the poetry of this woman. My first approach to Sylvia Plath came after seeing the film Sylvia (a biopic, to increase my biographer fault) starring Gwyneth PaltrowRead MoreSylvia Plaths Lady Lazarus1289 Words   |  6 PagesSylvia Plath, author of â€Å"Lady Lazarus†, is â€Å"widely considered one of the most emotionally evocative and compelling American poets of the postwar period† (â€Å"Plath, Sylvia: Introduction†). Plath was born in Boston, Massachusetts and her father died when she was eight. Plath attended Smith College and due to overwhelming conditions, she lapsed into a severe depression and overdosed on sleeping pills. After receiving psychiatric care, Plath enrolled in Newnham College where she met and married EnglishRead MoreEssay about Sylvia Plath1185 Words   |  5 PagesSylvia Plath This line is from Sylvia Plaths poem Lady Lazarus, one of many that helped make her an icon of modern American poetry. They have an eerie, prophetic quality, seeming to foreshadow the tragic death of this young writer. Understanding Sylvia Plaths words require a closer look at both her life and a few of her works. Though critics have described her writing as governed by negative vitalism, her distinct individuality has made her a conversation piece among those familiarRead MoreSylvia Plath’s Life1219 Words   |  5 PagesElizabeth Winder’s Pain, Parties, Work: Sylvia Plath in New York, Summer 1953 illuminates different aspects of Sylvia Plath’s life. However, Winder depicts Plath not as the mythologized martyr of a collapsed marriage or the tragic woman poet with a debilitating illness but rather as a young girl wanting to immerse herself in the rich, material culture of her time. Winder’s biography gives insight to the life of an intelligent young w oman amidst the gender constraints of mid-century America, a themeRead MoreSylvia Plath is an American Writer who Writes Confessional Poems about her Life1117 Words   |  4 PagesSylvia Plath is an American writer, commonly known for her poetry works. Her poetry can be categorized as â€Å"confessional poetry†, which are poems about the poet’s personal life. Her two most famous published collections of poems are The Colossus and Other Poemsand Ariel, but it was not until after Plath’s death that The Bell Jarwas published. The Bell Jar is considered a more personal and semi-autobiographical novel. Throughout Sylvia Plath’s lifetime, she suffered mentally since she was a little

Default Judgment Motion Free Essays

string(219) " Rahmaan has had heretofore against Lisath have been dismissed by Summary Judgment granted in the district court action \(see copy of Opinion and Order in the district court action attached hereto as Exhibit â€Å"B†\)\." IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE::CASE NO. 04-60600 : ROY JESSE LISATH,:CHAPTER 7 STEPHANIE MYLO LISATH,: :JUDGE HOFFMAN Debtors. : : SSN: (LAST FOUR DIGITS ONLY) 0486: SSN: (LAST FOUR DIGITS ONLY) 9643: —————————————————————————————————— RODELL RAHMAAN,:Adv. We will write a custom essay sample on Default Judgment Motion or any similar topic only for you Order Now Pro. No. 05-02049 Plaintiff,: vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter â€Å"Rahmaan†), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter â€Å"Lisath†), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al. designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U. S. C.  §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by this Court’s Order entered March 24, 2005. Your Movant grounds this Motion upon the Memorandum more specifically set forth hereinafter. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend(0019648) 118 East Main Street Columbus, Ohio 43215 Telephone: (614) 221-3355 Facsimile: (614)-221-3391 Email: bankruptcy118@sbcglobal. net Attorney for Plaintiff MEMORANDUM I. Introduction Rule 7055 B. R. incorporates Rule 55 F. R. Civ. P. , which in turn in pertinent part provides: â€Å"(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default. â€Å"(b) Judgment. Judgment by default may be entered as follows:† â€Å"(1) By the Clerk. When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure t o appear and is not an infant or incompetent person. † â€Å"(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States. † Rahmaan’s Adversary Complaint was filed with the Clerk on February 1, 2005. Service of Summons and a copy of the Complaint upon Lisath and upon his attorney Eden Renee Sarver, Esq. , was made to each on February 3, 2005, and proof of service thereon was filed upon the same date. More than twenty days have elapsed since completion of said service of process. No answer or other defense, nor any motion requesting an extension of time to respond to Rahmaan’s Complaint, has yet been filed or served upon the undersigned. Lisath is in default. See Rules 7004 and 7012 B. R. Rahmaan’s earlier Motion for Default Judgment was denied without prejudice, and the within Motion, supported by a Memorandum with attachments, provides an adequate basis for granting the relief sought. II. Summary of the Facts On July 2, 2004, Lisath filed a joint petition, together with his spouse, in this Court, commencing a proceeding under Chapter 13, Title 11 U. S. C. , designated case number 04-60600 (hereinafter â€Å"the main case†). The main case was converted to a proceeding under Chapter 7 on November 2, 2004. At the time of the commencement of the main case Lisath was a defendant in a civil action pending in the United States District Court for this district entitled Rahmaan v. City of Columbus, designated case number 02-CV-989, together with other defendants (hereinafter â€Å"the district court action†). The district court action arose originally from a re-filed civil action brought in the Franklin County, Ohio, Court of Common Pleas. The initial complaint commencing the initial civil action was filed on April 30, 1998. That civil action was subsequently voluntarily dismissed on September 13, 2001, but with the right reserved to re-file within the applicable one-year period of time (see Rule 41(A) Ohio Rules of Civil Procedure and  §2305. 19 O. R. C. ). A new civil action was commenced by re-filing a Complaint upon the same claims and brought in the same court on September 9, 2002. This re-filed action was subsequently removed to District Court on October 4, 2002 (see copy of Notice of Removal with annexed copy of Summons and Complaint attached hereto as Exhibit â€Å"A†). The district court action has not yet gone to trial, and Rahmaan was a scheduled creditor in the main case, although reflected upon Lisath’s and his wife’s Schedule F with no description as to his claim, except â€Å"notice only. † Rahmaan holds an unliquidated claim for the excessive use of force by Lisath and two other co-defendants in the district court action. All other claims Rahmaan has had heretofore against Lisath have been dismissed by Summary Judgment granted in the district court action (see copy of Opinion and Order in the district court action attached hereto as Exhibit â€Å"B†). You read "Default Judgment Motion" in category "Papers" The operative facts underlying Lisath’s claim are summarized by the Court in the district court action’s Opinion and Order, as follows: â€Å"Plaintiff Rodell Rahmaan brings various claims against the city of Columbus, Ohio, and several of its police officers, arising out of incidents which occurred at his home on April 27, 1997, and April 30, 1997. Plaintiff has been engaged in a dispute with his neighbor, James Casey, for a period of time prior to the events in question. Casey had called the police complaining of loud music coming from Plaintiff’s residence on several occasions. Plaintiff perceived this as harassment. On Sunday morning, April 27, 1997, Officer Olander Parks was dispatched on a disturbance call to Casey’s residence. Upon arrival, he observed Casey standing on his porch engaged in a shouting match with plaintiff, who was in the second story window of his home across the street. Casey reported that plaintiff was threatening him. Plaintiff admits that he did initiate a loud conversation with Casey from his bedroom window, that both of them were using profanity and that his words to Casey may have been perceived as a veiled threat. Plaintiff’s deposition, pp. 7-79, Exh. B to Defendants’ Motion for Summary Judgment. According to Officer Parks, plaintiff refused to end the disturbance, whereupon Officer Parks advised plaintiff that he was placing him under arrest and asked him to come out of his home to be taken into custody. While Officer Parks was speaking with Casey, he observed a young woman walk a large Rottweiler dog from behind plaintiff’s residence and enter the front door. While Parks was speaking to plaintiff at his front door asking him to come outside, the woman was standing behind him with the dog, and she stated, â€Å"You’re not arresting my daddy. Plaintiff refused to come outside, whereupon Parks called for assistance. Sgt. Jerome Barton and several other officers responded to Parks’ call. Sgt. Barton advised plaintiff that he was being charged with disorderly conduct and that he had an outstanding traffic warrant. Barton requested that plaintiff come outside, but plaintiff continued to refuse. Sgt. Barton saw the dog while he was speaking to the plaintiff. Sgt. Barton did not take the plaintiff into custody. Instead, he instructed him to take care of both warrants at the courthouse. Plaintiff agreed to do so. Sgt. Barton instructed his officers to depart, believing that peace had been restored. Plaintiff has a somewhat different version of his conversation with Sgt. Barton. According to plaintiff, it was his understanding that the sergeant and his officers agreed to leave in return for plaintiff’s agreement to take care of his outstanding traffic warrant, and he was unaware that he was being charged with disorderly conduct. After departing the premises, Officer Parks proceeded to the Municipal Court of Franklin County, Ohio, where he filed a complaint charging plaintiff with disorderly conduct, and a warrant was issued for his arrest. The disorderly conduct charge was assigned case number 10608-97. Officer Parks also filed a â€Å"temporary situation information report† for plaintiff’s residence address with the police dispatcher, which stated: Large Rottweiler at this location and the resident will have dog attack officers. Also, wanted person there by name of Rodell Rahmaan. M. B. , 44 YOA for disorderly. On April 30, 1997, plaintiff drove his wife to the Franklin County Municipal Court and instructed her to go inside and take care of his outstanding traffic charge. She did so, and upon returning to his car, she advised him that the clerk’s office had informed her that there was an outstanding warrant against him for disorderly conduct and that he should report voluntarily in order to avoid arrest. Allegedly believing that a mistake had been made, plaintiff decided instead to go home and watch a basketball game on television. Later that afternoon, Officers Jackson Rennie and Kyle McKeon were dispatched to plaintiff’s residence on a loud music complaint. These officers were also told by the dispatcher that the resident had warrants for his arrest, and they were advised of the content of Officer Parks’ temporary situation information report concerning the dog. Officers Roy Lisath and Joseph Murray heard the dispatch and decided that they also would respond. Officers Lisath and Rennie went to the front door of plantiff’s residence and knocked. Plaintiff answered the door and the officers advised him that they had been dispatched on a noise complaint and that they had a warrant for his arrest. They asked him to come outside and be arrested. The officers claim that plaintiff refused to be arrested, resisted arrest, and ordered his dog to attack them. Officer Lisath drew his side arm and fired at the dog. Officer Rennie fired one shot from a shotgun, killing the dog. According to the officers, plaintiff continued to resist arrest and was maced. He was taken into custody and charged with resisting arrest. Plaintiff denies that he resisted arrest, denies that he ordered his dog to attack the officers and denies that his dog did attack the officers. Plaintiff claims that he was transported from the scene of his arrest to a police substation, where he was allegedly subjected to protracted physical intimidation by the defendants and other officers while he was handcuffed to a bench. Plaintiff was charged with resisting arrest in the Franklin County Municipal Court in case number 10938-97. The complaint, signed by Officer Lisath, states: On or about the 30th day of April, 1997, [Rodell Rahmaan] did by force resist the lawful arrest of himself, to wit: Rodell K. Rahmaan in the following manner, to wit: pushed officers back with an open hand, pulled arms back, attempted to close a door on officers, called for his dog which did attack officers. On January 26, 1998, plaintiff, represented by counsel, appeared for trial on the disorderly conduct charge, case number 10608-97, and the resisting arrest charge, case number 10938-97. At that time, plaintiff entered into a plea agreement, wherein the prosecutor agreed to amend the affidavit in case number 10938-97, reducing the charge from resisting arrest to disorderly conduct. Plaintiff agreed to plead guilty to the amended affidavit, and the prosecution agreed, as part of the bargain, to dismiss the original disorderly conduct charge, case number 10608-97. Plaintiff entered a no contest plea to the amended affidavit in case number 10938-97, was found guilty and sentenced to a fine of $100 and costs, suspended for time served. A dismissal entry was filed in case number 10608-97, with the following notation: These charges are dismissed at the request of P. A. for plea in 97/10938. The dismissal entry was signed by the sentencing judge. On April 30, 1998, plaintiff commenced an action against the city of Columbus and Officer Parks, Lisath, Rennie, Barton, Murray and McKeon, in the Common Pleas Court of Franklin County, Ohio, asserting claims of false arrest; false imprisonment; assault; malicious prosecution; deprivation of unspecified constitutional and statutory rights; deprivation of rights secured by the Fourth, Fifth, Sixth and Fourteenth Amendments of the Constitution of the United States, wrongful destruction of property, intentional infliction of emotional distress, and damage to reputation. On July 26, 2000, the common pleas court granted defendants’ motion for summary judgment, finding that only plaintiff’s fourth amendment excessive force claim remained for trial. Defendants claim that plaintiff had previously voluntarily dismissed all of his state law claims with the exception of his claim for intentional infliction of emotional distress. Thereafter, plaintiff voluntarily dismissed his complaint on September 13, 2001, and filed the present action in the Common Pleas Court of Franklin County, Ohio, on September 9, 2002. The action was removed to this court on October 4, 2002. † (the district court action Opinion and Order pages 1 through 5) The district court action Opinion and Order further went on to analyze the Motion for Summary Judgment of Defendants, and concluded as follows: â€Å"Conclusion In accordance with the foregoing, defendants’ motion for summary judgment is granted in part and denied in part. The individual defendants are granted summary judgment on plaintiffs’ First through Tenth Cause of Action. The city is granted summary judgment on the Twelfth Cause of Action. Defendants Rennie, Parks and Barton are granted summary judgment on plaintiff’s Eleventh Cause of Action. Defendants Lisath, Murray and McKeon are granted summary judgment on plaintiff’s Eleventh Cause of Action insofar as it alleges the excessive use of force by these defendants at the police substation after plaintiff’s arrest. The motion for summary judgment of defendants Lisath, Murray and McKeon on plaintiff’s Eleventh Cause of Action insofar as plaintiff alleges the excessive use of force at the scene of the arrest is denied. It is so ORDERED. † (emphasis supplied-the district court action Opinion and Order page 19) Rahmaan, therefore, has one remaining claim left for trial in the district court action. His eleventh cause of action is set forth in his amended complaint (copy attached hereto as Exhibit â€Å"C†), and includes within his claims for deprivation of civil rights under 42 U. S. C.  §Ã‚ §1983 and 1985 the excessive use of force claim. Lisath and his spouse were issued a discharge of all dischargeable debts under 11 U. S. C. 727 on October 4, 2005, in the main case (see copy attached hereto as Exhibit â€Å"D†). III. Issue Presented for Decision (A)Does Rahmann’s remaining claim in the district court action for excessive use of force, if Rahmaan prevails at trial, constitute a claim or debt which is excepted from discharge under 11 U. S. C.  §523(a)(6)? (B)Has Rahmaan satisfied his burden of articulating all applicable grounds necessary for this Court to grant defau lt judgment under Rule 7055 Bankruptcy Rules? IV. Argument 11 U. S. C.  §523(a)(6) provides as follows: â€Å" §523. Exceptions to discharge. a)A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt- †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. (6) for willful and malicious injury by the debtor to another entity or to the property of another entity;†¦Ã¢â‚¬  Lisath’s discharge is ineffective as against Rahmaan’s remaining claim for excessive use of force in the district court action for the reasons more fully set forth hereinafter. First, the above cited paragraph excepts debts for willful and malicious injury by the Debtor to another person or to the property of another person. Under this paragraph â€Å"willful† means deliberate or intentional. In Kawaauhau v. Geiger, 522 U. S. 57, 118 S. Ct. 974, 140 L. Ed. (1998), the Supreme Court articulated the elements necessary to satisfy the Section 523(a)(6) exception to dischargeability. An act (or omission) must be taken with the actual intent to cause injury. As the Court noted in its Opinion the word â€Å"willful† in the above-quoted subsection modifies the word â€Å"injury,† meaning that non-dischargeability takes a deliberate or intentional injury rather than merely a deliberate or intentional act which leads to injury. In In re: Markowitz, 190 F. 3d 455 (6th Cir. , 1999), the Court had occasion to apply the Geiger standard, and specifically held that the earlier standard set forth in Perkins v. Scharffe, 817 F. 2d 392 (6 Cir. , 1987), was overruled. The Perkins case had held that willful and malicious injury will occur when one intends the act, regardless of whether he intends the consequences. This test for the non-dischargeability exception for willful and malicious injury under 11 U. S. C.  §523(a)(6) similar to the defense of qualified immunity that was raised in the district court action. Generally, qualified immunity protects a police officer from being sued for his discretionary actions as long as the officer neither â€Å"knew[n] or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights. . . .affected, or. . . . took action with the malicious intention to cause a deprivation of a constitutional right. . . . . † Robinson v. Bibb 840 F. 2d 349, 350 (6th Cir. , 1988) quoting Wood v. Strickland, 420 U. S. 308. , 322 95 S. Ct. 992, 1001, 43 L. Ed. 2d (1975). As the district court found, Rahmaan’s claims for excessive force were â€Å"that the defendants continued to apply excessive force even after he [Rahmaan] was completely subdued. † (the district court action Opinion and Order page 16). The district court action Opinion and Order went on to summarize that defendants were â€Å"not entitled to qualified immunity on plaintiff’s claims of excessive force at the scene of the arrest under Section 1983 because it is well settled that the use of excessive force is a violation of the Fourth Amendment† (the district court action Opinion and Order page 16). Accordingly, by its very nature, the excessive force claim of Rahmaan means that if Rahmaan prevails at trial he will have had to prove by a preponderance that Lisath took action knowing that his action would violate Rahmaan’s constitutionally protected Forth Amendment rights or with the malicious intention to cause a deprivation of a constitutional right, Rahmaan’s contention that Lisath continued to apply force after Rahmaan was completely subdued compels the conclusion that such conduct was deliberate, intentional and malicious, if proven. Certainly, it could neither have been merely negligent or reckless. Similarly, in Walton v. City of Southfield, 995 F. 2d 1331 (6th Cir. , 1993), the court, inter alia, held that the denial of qualified immunity to one of the police officer defendants was to be affirmed. As the court noted: â€Å"There are still genuine issues of material fact concerning whether Officer Birberick used excessive force in handcuffing Walton. An excessive use of force claim could be premised on Officer Birberick’s handcuffing Walton if he knew that she had an injured arm and if he believed that she posed no threat to him. † (Walton 1331, ________) In Adams v. Metiva, 31 F. 3d 375 (6th Cir. , 1994), the court had occasion to analyze a similar excessive use of force claim. The court noted that excessive force claims should be considered under the Fourth Amendment standard which is one of objective reasonableness under the circumstances (citing Graham v. Connor, 490 U. S. 386 [1989]). While the objective standard is applied without regard to the officer’s underlying intent or motivation, under the facts as summarized in the district court action Opinion and Order, it is hard to imagine that Lisath and his fellow defendants could have used excessive force once Rahmaan was subdued in any manner other than intentionally, willfully and maliciously, assuming that Rahmaan is successful in meeting his evidentiary burden at trial. A review of other authorities does not compel a different conclusion. In Steier v. Best (In re: Best), 109 Fed. Appx. 1. 2004 W. L. 1544066 (6th Cir. , 2004-unreported, see copy attached as Exhibit â€Å"E†), the Court summarized the kinds of debts or claims which by their very nature satisfy the willful and malicious injury standard of the 11 U. S. C.  §523(a)(6) exception: â€Å"intentional infliction of emotional distress, malicious prosecution, conversion, assault, false arrest, intentional liable, and deliberately vandalizing the creditor’s premises. † , Id. at. 4. The Court went on to discuss other kinds of claims that also meet this standard, noting that the creditor must prove that loss was caused by willful and malicious conduct of the debtor, that the debtor’s actions must be determined to be the cause of the creditor’s injury and that the injury must invade the creditor’s legal rights. Id. at 4-5. These tests do not differ from what Rahmaan must prove to meet his evidentiary burden in the district court action to prevail upon his excessive use of force claim. By their very nature, if Rahmaan prevails, he will have met every element described in the willful and malicious injury test. In Kennedy v. Mustaine, 249 F. 3d 576 (6th Cir. , 2001), the Court affirmed the bankruptcy court and the district court which had found a defamation claim to be non-dischargeable under 11 U. S. C.  §523(a)(6) and applied principals of issue preclusion to prevent re-litigation of whether the statements made by the debtor were defamatory, since under Michigan law they were deemed defamation per se, and therefore conclusively presumed to be harmful. It is respectfully submitted, therefore, that Rahmaan has articulated sufficient facts and provided an adequate basis by submitting the attached exhibits to show that if he prevails in the district court action on his excessive use of force claim, he will have articulated every element necessary to satisfy the 11 U. S. C.  §523(a)(6) exception by a preponderance of the evidence. See Grogan v. Garner, 498 U. S. 279, 111 S. Ct. 654, 112 L. Ed. 2d 755 (1991). Accordingly, the foregoing Motion does not suffer from the defects similar to those discussed in Cripps v. Life Insurance Co. of North Am. , 980 F. 2d 56 (2nd Cir. , 1990), cert. denied, 499 U. S. 929 (1991) or Kring v. Citibank (In Re: Kring), 208 B. R. 73 (B’cy. S. D. Cal. , 1997). Annexed hereto as Exhibit â€Å"F† and made a part hereof is the Affidavit of John A. Yaklevich, establishing that Lisath is not an incompetent person or an infant, and also not in the military service, all as required by B. R. 7055 and by the Servicemembers Civil Relief Act of 2003, amending and restating, the Solders’ and Sailors’ Civil Relief Act of 1940 (50 U. S. C. App. 501, et seq. ). The Motion should be granted and judgment entered accordingly. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that true and accurate copies of the foregoing Renewed Motion for Default Judgment were mailed by ordinary U. S. Mail, postage prepaid, to the following parties in interest at the addresses shown immediately following on _________________: William B. Logan, Jr. , Esq. 50 West Broad Street, Suite 1200 Columbus, Ohio 43215 U. S. Trustee 170 North High Street, #200 Columbus, Ohio 43215 Frank M. Pees, Chapter 13 Trustee 130 East Wilson Bridge Rd. , #200 Worthington, Ohio 43085 Roy J. Lisath, aka Roy Jesse Lisath 2065 Penhook Avenue Lewis Center, Ohio 43035 James E. Nobile, Esq. Nobile, Needleman Thompson, LLC 4511 Cemetery Road, Suite B Hilliard, Ohio 43026 /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff How to cite Default Judgment Motion, Papers

Computerized Accounting free essay sample

The objectives of the report are to investigate the perceived threats of computerized accounting information systems (CAIS) and to discuss how the impact of these threats can be reduced. The report covers the 19 perceived threats of CAIS, preventive controls, detective controls, corrective controls and auditors’ attestation of internal controls. Examples of controls given are authentication, authorization, physical access control, host and application hardening, encryption, training, log analysis, intrusion detection system (IDS), security testing, computer emergency response team (CERT), the role of Chief Security Officer (CSO) and patch management. The types of analysis used in the report are historical and qualitative analysis. The most important and significant findings are that the perceived threats of CAIS can generally be categorized into 19 threats and the impact of all these threats can be reduced through the application of effective and unique preventive, detective, corrective controls particular to a business organization and auditors’ attestation of internal control. 1. Introduction The report is written to investigate the perceived threats of computerized accounting information systems (CAIS) and to discuss how these threats can be reduced. In doing so, there are a number of limitations encountered including the lack of recent research in the area of perceived threats to CAIS and its corresponding solutions to the problems in Australia. In general, the report lists the 19 perceived threats of CAIS and the fastest growing threats among these 19 threats, covers the discussion of preventive controls, detective controls and corrective controls which includes authentication, authorization, physical access control, host and application hardening, encryption, training, log analysis, intrusion detection system (IDS), security testing, computer emergency response team (CERT), the role of Chief Security Officer (CSO), patch management and covers the discussion of auditors’ attestation of internal control. 2. The perceived threats of CAIS Computerized accounting information systems (CAIS) have become the essential tools for conducting business as well as for bringing those in charge to account e. g. General Purpose Financial Report. Without the internet, they are already exposed to risks that may compromise the relevance and reliability of financial information, affecting the decisions made by various stakeholders. With the advent and advancement of internet, CAIS face additional threats that need to be addressed by not only auditors and IT personnel but also management and accountants (Beard Wen 2007). One important study in this area has identified 19 perceived threats or risks of CAIS: accidental entry of bad data by employees, intentional entry of bad data by employees, accidental destruction of data by employees, intentional destruction of data by employees, unauthorized access to the data and/or system by employees, unauthorized access to the data and/or system by outsiders, employees’ sharing passwords, natural disasters, disasters of human origin, introduction of computer viruses to the system, suppression or destruction of output, creation of fictitious or incorrect output, theft of data or information, unauthorized copying of output, unauthorized document visibility, unauthorized printing and distribution of data or information, directing prints and distributed information to people not entitled to receive, sensitive documents are handed down to non-security cleared personnel for shredding and interception of data transmission (Loch, Houston Warkentin 1992). Intern al control can be classified according to its purpose: preventive, detective and corrective controls. Preventive control is designed to prevent security incidents from happening. Detective control is device, technique and/or procedure to detect harm and security breaches in a timely manner whereas corrective control involves action to reverse the effects of harm and security breaches (Considine et al. 2008). 3. Preventive controls Several important examples of preventive control are authentication, authorization, physical access control, host and application hardening, encryption and training. Authentication is about verification of the identity of the person or device attempting to access the system e. g. passwords, PINs, smart cards, ID badges, fingerprints and voice recognition. Authorization is about restricting access of authenticated users to specific portions of the system and specifying the type of actions they are permitted to perform e. g. access control matrix. Good physical access control should include stationing a receptionist or a security guard at the main entrance while locking the other entrances to the building, visitor sign-in form, monitoring all entry/exit points through CCTV, locking rooms with important servers with card readers, numeric keypads or biometric devices and storing encrypted sensitive data on removable media (Romney Steinbart 2006). Firewalls, antivirus software, user account management, sound software design to prevent buffer overflow attack i. e. an attacker sends a program more data than it can handle and disabling of unnecessary programs and features to reduce potential point of attack due to flaws contained in the programs and features are typical examples of host and application hardening. Encryption protects sensitive accounting data by transforming plaintext into ciphertext in which the intruder needs to decrypt to understand the data. It is important to store a copy of the encryption keys which are used t o decrypt the ciphertext in a secure location. Employees should be trained to not share passwords, to not allow other people to follow them through restricted access entrances, to lock their laptops to an immovable objects, to direct and distribute relevant accounting information to people entitled to receive them and to hand down sensitive documents to security-cleared personnel for shredding (Romney Steinbart 2006). 4. Detective controls Preventive controls can never block all attacks, thus detective controls need to be implemented. Logs which form an audit trail of system access and actions that each user performs needs to be analyzed and examined routinely to detect problems. Intrusion detection system (IDS) could be installed to automate log analysis. It is a software and works by comparing logs to patterns of known attacks of CAIS and analyzing those logs for signs of attempted or successful intrusions. Management reports, that monitor the performance of information system controls i. e. COBIT (Control Objectives for Information and Related Technology) framework that specifies 34 IT-related control objectives and key performance indicators, should be implemented. Another important techniques for effective detective controls are vulnerability scans and penetration test. Vulnerability scans are periodic security tests on CAIS using automated tools to identify any well-known vulnerabilities e. g. ability to crash CAIS by an intruder. Penetration test is an authorized attempt to compromise CAIS by either an external security consulting firm or an internal audit team e. g. authorized hacking, masquerading and piggybacking (Hall 2004). 5. Corrective controls Prevention and detection of attempted and successful intrusions are important but worthless if not followed by corrective controls. Establishment of computer emergency response team (CERT) to reduce the effects of harm and security breaches through recognition and containment of a problem, recovery of data through backup and reinstallation of corrupted programs and follow-up is essential for an effective corrective control and should involve technical specialists and senior operations management. The appointment of Chief Security Officer (CSO), who works to design, implement, promote sound security policies and procedures, disseminates information about fraud, errors, security breaches and other improper system uses and their consequences, works closely with the building security personnel and reports to the CEO, could be made. Patch management as an important corrective control could be used. Patch is code that fixes the system particular vulnerability and is released by software developers. Thus patch management is the activities that apply patches regularly and update all software used in the organization e. g. ntivirus, firewall, PeopleSoft, Windows 7 software (Jones Rama 2006). 6. Attestation of internal control In addition, Australian Auditing Standards (ASA) requires external auditors to do test of control for any organization that relies on CAIS for its financial reporting where the entity’s internal control is expected to be effective or where test of control is considered to be cost-effective. Otherwise more substantive tests need to be conducted to obtain sufficient appropriate audit evidence. The use of computer-assisted audit techniques (CAAT) e. g. ACL and IDEA may allow the auditors to perform extensive substantive testing as cheaply as less extensive testing (Leung et al. 2009) In the US, the emerging trend is for companies to employ information system auditors to examine how a company’s computer systems safeguard assets and maintain the integrity of accounting data, database and financial information. This emerging trend is a direct result of the implementation of the Sarbanes-Oxley Act (SOX) which assigns management and other personnel legal responsibilities to provide reasonable assurance for the reliability of financial reporting and the preparation of external financial statements (Beard Wen 2007). 7. Conclusion There are 19 perceived threats of CAIS. The impact of these threats can be reduced through the application of effective and unique preventive controls, detective controls and corrective controls to a business organization and auditors’ attestation of internal control of a business organization. Important devices, tools, techniques and procedures that could be applied are authentication, authorization, physical access control, host and application hardening, encryption, training, log analysis, intrusion detection system (IDS), security testing, computer emergency response team (CERT), the role of Chief Security Officer (CSO) and patch management.