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Fitted with a gorgeous interface, CSSEdit lets you create beautiful websites with custom style sheets.
The GUI, both very simple and attractive, makes you want to play around with style sheets and makes it accessible to even the newest of novices. The tabbed interface can show multiple sheets at once and the list view on the left gives you quick access to all styles. Your sheets can also easily be organized in folders and structured via filters.
Functions such as validation or milestones appear in discreet, dark pop up windows. The visual editors really help out to create clean and valid styles. If you want you can also muck around with the source code thanks to intelligent CodeSense. You can also extract style sheets in a snap.
CSSEdit also includes an instant preview to see your website before actually launching it and both the Validation Tool, to remove bugs, and the Milestones, to monitor your changes, are very intuitive.
Thanks to a beautiful interface stuffed with useful features, CSSEdit is the ideal tool for working with CSS, as much for novices as for experts.
Design beautiful, innovative and fast-loading web sites… with a beautiful, innovative and fast application. CSSEdit's intuitive approach to style sheets and powerful editing features will make you deliver awesome standards-based sites in no time!
What do you think about CSSEdit? Do you recommend it? Why?


text:
package org.keycloak.operator;

import java.util.Map;
import java.util.stream.Collectors;

public final class Constants {
    public static final String CRDS_GROUP = "k8s.keycloak.org";
    public static final String CRDS_VERSION = "v2alpha1";
    public static final String SHORT_NAME = "kc";
    public static final String NAME = "keycloak";
    public static final String PLURAL_NAME = "keycloaks";
    public static final String MANAGED_BY_LABEL = "app.kubernetes.io/managed-by";
    public static final String MANAGED_BY_VALUE = "keycloak-operator";
    public static final String COMPONENT_LABEL = "app.kubernetes.io/component";
    public static final String KEYCLOAK_COMPONENT_LABEL = "keycloak.org/component";

    public static final Map<String, String> DEFAULT_LABELS = Map.of(
            "app", NAME,
            MANAGED_BY_LABEL, MANAGED_BY_VALUE
    );

    public static final String DEFAULT_LABELS_AS_STRING = DEFAULT_LABELS.entrySet().stream()
            .map(e -> e.getKey() + "=" + e.getValue())
            .collect(Collectors.joining(","));

    public static final Map<String, String> DEFAULT_DIST_CONFIG = Map.of(
        "health-enabled","true",
        "cache", "ispn",
        "cache-stack", "kubernetes",
        "proxy", "passthrough"
    );

    public static final Integer KEYCLOAK_HTTP_PORT = 8080;
    public static final Integer KEYCLOAK_HTTPS_PORT = 8443;
    public static final String KEYCLOAK_SERVICE_PROTOCOL = "TCP";
    public static final String KEYCLOAK_SERVICE_SUFFIX = "-service";
    public static final Integer KEYCLOAK_DISCOVERY_SERVICE_PORT = 7800;
    public static final String KEYCLOAK_DISCOVERY_SERVICE_SUFFIX = "-discovery";

    public static final String KEYCLOAK_INGRESS_SUFFIX = "-ingress";

    public static final String INSECURE_DISABLE = "INSECURE-DISABLE";
    public static final String CERTIFICATES_FOLDER = "/mnt/certificates";

    public static String KEYCLOAK_HTTP_RELATIVE_PATH_KEY = "http-relative-path";
}

redpajama_set_name: RedPajamaGithub


text:
50,000 Withdraw Applications to Join Military After Snowflake Recruitment Drive
Over 50,000 potential recruits to Her Majesty's Armed Services have withdrawn their applications in just the first half of this year after military brass ordered recruiters to target "snowflakes", "binge gamers", and "me me me millennials".
Victoria Friedman
7 Sep 2020, 10:03 AM PST
U.S. Army Puts Two-Week Hold on Recruit Basic Training over Coronavirus Concerns
The U.S. Army announced a temporary hold Monday on sending recruits to basic training amid concerns over the potential spread of coronavirus.
Kristina Wong
7 Apr 2020, 6:21 AM PST
Fifth of British Army Personnel Cannot Be Deployed Overseas
One in five British Army personnel are not fit to or otherwise cannot be deployed overseas, while the force is still 5,000 recruits short of its "tiny" 82,000-man target.
9 Jan 2019, 1:24 AM PST
Pentagon Halts Obama's Transgender Endorsement Plan
Two of every three swing voters say the Pentagon should postpone plans to accept 'transgender' people into the U.S. military, according to a new poll by Rasmussen Reports.
Neil Munro
30 Jun 2017, 8:12 PM PST
Israel Police Beefs Up Billion Shekel Campaign To Recruit Arab Officers
TEL AVIV – There has been a surge of interest among Arab Israelis looking to be recruited to Israel Police following a campaign targeting that sector of society.
Deborah Brand
12 Sep 2016, 8:38 PM PST
One in Ten Islamic State Recruits Wants to Become Suicide Bomber
Recovered documents from the Islamic State terror group reveal that more than one in ten of their recruits would like to become suicide bombers.
Thomas D. Williams, Ph.D.
19 Apr 2016, 3:46 AM PST
Hillary Clinton Revives Her 'Marine Story' For Veterans Day
When a leading Republican presidential candidate was targeted last week by a sloppy hit piece that claimed he was lying about an effort to recruit him out of high school to West Point, commentators with long memories recalled that Hillary Clinton used to tell a story about trying to join the Marines when she was in college.
John Hayward
12 Nov 2015, 8:32 AM PST
Report: 15 of 58 American ISIS Terrorist Recruits Were From Minnesota
The House Homeland Security Committee released a report on domestic terrorist recruitment on Tuesday that found the largest number of American ISIS recruits came from Minnesota, with California and New York vying for second place.
1 Oct 2015, 9:23 AM PST
Migrant Caravan in Guatemala Pushes Through Border from Honduras
Poll: 81% of Democrats Want Trump Removed from Office 'Now'

redpajama_set_name: RedPajamaCommonCrawl


Buffalo Valley Regional Training Center – Mission: To provide a world-class training environment for elite level wrestlers to prepare to represent their country on the World and Olympic stage.
Lewisburg, Pennsylvania — Established in 2015, the Buffalo Valley Regional Training Center (BVRTC) will create a comprehensive and competitive environment where elite-level wrestlers can train to perform on both the Olympic and World stages.
In addition to providing elite-level training, we will mentor and teach youth wrestlers within 50 miles at no cost.
GetFit Program Now Added to Calendar! Will Be A Free Opportunity for Wrestlers and Non-Wrestlers!
Sign Up for Tournaments Today!


text:
#ifndef NANOSHIELD_RTC_h
#define NANOSHIELD_RTC_h

#ifdef ARDUPI
  #include "arduPi.h"
#else
  #include "Arduino.h"
  #include <Wire.h>
#endif

#define NANOSHIELD_RTC_CLKOUT_32768_HZ 0
#define NANOSHIELD_RTC_CLKOUT_1024_HZ  1
#define NANOSHIELD_RTC_CLKOUT_32_HZ    2
#define NANOSHIELD_RTC_CLKOUT_1_HZ     3

class Nanoshield_RTC {
  public:
    /**
     * @brief Constructor.
     *
     * Creates the object to access the Nanoshield RTC.
     */
    Nanoshield_RTC();

    /**
     * @brief Initializes the Nanoshield RTC object.
     *
     * Disables all alarms and set the clock output to clkout.
     *
     * @param clkout The clock output. Use one of these:
     *               - NANOSHIELD_RTC_CLKOUT_32768_HZ
     *               - NANOSHIELD_RTC_CLKOUT_1024_HZ
     *               - NANOSHIELD_RTC_CLKOUT_32_HZ
     *               - NANOSHIELD_RTC_CLKOUT_1_HZ
     * @return True on success. False if there were errors.
     */
    bool begin(uint8_t clkout = NANOSHIELD_RTC_CLKOUT_1_HZ);

    /**
     * @brief Starts the RTC.
     *
     * @return True on success. False if there were errors.
     */
    bool start();

    /**
     * @brief Stops the RTC.
     *
     * @return True on success. False if there were errors.
     */
    bool stop();

    /**
     * @brief Sets the RTC date and time.
     *
     * @param sec Seconds from 0 to 59.
     * @param min Minutes from 0 to 59.
     * @param hour Hour from 0 to 23.
     * @param day Day from 1 to 31.
     * @param wday Weekday from 0 to 6 as Sunday to Saturday respectively.
     * @param mon Month from 1 to 12.
     * @param year Year (4 digits).
     * @return True on success. False if there were errors.
     */
    bool write(int sec, int min, int hour, int day, int wday, int mon, int year);

    /**
     * @brief Sets the RTC seconds.
     *
     * @param sec Seconds from 0 to 59.
     * @return True on success. False if there were errors.
     */
    bool writeSeconds(int sec);

    /**
     * @brief Sets the RTC minutes.
     *
     * @param min Minutes from 0 to 59.
     * @return True on success. False if there were errors.
     */
    bool writeMinutes(int min);

    /**
     * @brief Sets the RTC hour.
     *
     * @param hour Hour from 0 to 23.
     * @return True on success. False if there were errors.
     */
    bool writeHours(int hour);

    /**
     * @brief Sets the RTC day.
     *
     * @param day Day from 1 to 31.
     * @return True on success. False if there were errors.
     */
    bool writeDay(int day);

    /**
     * @brief Sets the RTC weekday.
     *
     * @param wday Weekday from 0 to 6 as Sunday to Saturday respectively.
     * @return True on success. False if there were errors.
     */
    bool writeWeekday(int wday);

    /**
     * @brief Sets the RTC month.
     *
     * @param mon Month from 1 to 12.
     * @return True on success. False if there were errors.
     */
    bool writeMonth(int mon);

    /**
     * @brief Sets the RTC year.
     *
     * @param year Year (4 digits).
     * @return True on success. False if there were errors.
     */
    bool writeYear(int year);

    /**
     * @brief Read datetime from RTC and stores internally.
     *
     * The datetime can be accessed with getters or getTime, that returns a
     * timestamp string.
     *
     * @return True on success. False if there were errors.
     *
     * @see getTime()
     * @see getSeconds()
     * @see getMinutes()
     * @see getHours()
     * @see getDay()
     * @see getWeekday()
     * @see getMonth()
     * @see getYear()
     */
    bool read();

    /**
     * @brief Get a timestamp of the last reading.
     *
     * The timestamp is in format YYYY-MM-DD HH:MM:SS.
     *
     * @param time Output pointer to timestamp.
     */
    void getTime(char* time);

    /**
     * @brief Gets the seconds of the last reading.
     *
     * @return Seconds of the last reading.
     */
    int getSeconds();

    /**
     * @brief Gets the minutes of the last reading.
     *
     * @return Minutes of the last reading.
     */
    int getMinutes();

    /**
     * @brief Gets the hour of the last reading.
     *
     * @return Hour of the last reading.
     */
    int getHours();

    /**
     * @brief Gets the day of the last reading.
     *
     * @return Day of the last reading.
     */
    int getDay();

    /**
     * @brief Gets the weekday of the last reading.
     *
     * @return Weekday of the last reading.
     */
    int getWeekday();

    /**
     * @brief Gets the month of the last reading.
     *
     * @return Month of the last reading.
     */
    int getMonth();

    /**
     * @brief Gets the year of the last reading.
     *
     * @return Year of the last reading.
     */
    int getYear();

  protected:
    uint8_t bcdToDec(uint8_t value);
    uint8_t decToBcd(uint8_t value);

    int seconds;
    int minutes;
    int hours;
    int day;
    int weekday;
    int month;
    int year;

    uint8_t i2cAddr;

    uint8_t secondsAddr;
    uint8_t minutesAddr;
    uint8_t hoursAddr;
    uint8_t dayAddr;
    uint8_t weekdayAddr;
    uint8_t monthAddr;
    uint8_t yearAddr;
};

#endif


text:
Player Profile: Ryan Graves, Oswayo Valley
D9Sports.com and EYT Media are doing a series of player profiles on returning high-school athletes this summer. The year in school listed by the athlete is the year the athlete is entering this fall.
RYAN GRAVES – OSWAYO VALLEY – SENIOR
Daughter of: Joe & Brandy Graves
Sports Played: Golf, Basketball, Baseball
2016-17 Highlights: Graves was the No. 2 starter for the Green Waves D9 Class 1A championship team going 6-2 with two saves. He had a 0.78 ERA. In 44 ⅔ innings worked he struck out 38 and walked 15. Graves was the winning pitcher in the District 9 title game going eight innings allowing one run on three hits and a walk. The run was unearned. In basketball, he scored 13 points in 12 games.
Post-High School Goals: Ryan plans to attend college but has not yet decided what I would like to major in. He would also like to play college baseball.
Q&A With Ryan Graves
D9Sports: What is your favorite sport to participate in?
RG: My favorite sport to play is baseball. I have always enjoyed playing the game ever since I was little.
D9: What is your favorite memory, moment, game from playing high school sports?
RG: My favorite memory from playing high school sports was during my junior year baseball season when we were able to beat Clarion in the district championship and then go on to get the first ever state playoff win in Oswayo Valley history.
D9: Why do you play high school sports?
RG: I enjoy the competition and being able to work together with everyone on your team. Sports take a lot of hard work, good work ethic and commitment to improving throughout the season and I think that is important in not only high school sports, but even more important in real life after high school.
D9: Is there a high school player on your team or another team that you enjoy watching play? If so, why?
RG: A player on my team that I enjoy watching play is Garren Black. He's a player that is always determined to get better and is always a team player. He is one of the bigger reasons for our team's success the past few years.
D9: When not playing sports I would rather (pick one) – Go to work, play video games, shop, hang out with friends, play pickup sports, go the movies
RG: Play pickup sports. I like to always be active and enjoy the competition.
D9: If you could go anywhere in the world, where would it be and why?
RG: One place in the world that I would like to visit is Aruba because I enjoy the warm weather.
D9: Who has had the most influence on you as a person?
RG: I have many people in my life who have had a large influence on me, but my dad has not only had a large influence on me as a person but also in making me the player I am. He has made sure he does what he can to make me a good player, but most importantly has made sure I am a good person and tries to prepare me for the real life ahead of me.
D9: What do you like most about growing up in your hometown?
RG: I think the best part about growing up in my hometown is the fact that it is a small town and that makes it so most people are pretty close to each other. It's always a great feeling when the community comes together to support our baseball team in playoffs.
D9: What do you wish you could change about growing up in your hometown?
RG: One thing I would want to change is the decreasing participation in sports by younger kids today. I also feel like this is happening all around today and not just in my hometown. I would like to see more kids being active instead of just sitting at home all the time.
D9: What question do you wish I would have asked you? And what is the answer to it?
RG: What coach has had the biggest impact on you as a player? I have had many coaches who have greatly improved me as a player, but my high school coach Brad Buchholz has had the greatest impact on me. He has coached me ever since little league and is currently my varsity coach. I think what makes him a good coach is that he not only gets his team ready to be successful for the season but also teaches his players life lessons along the way.
D9: Do you or have you had any siblings or other immediate relatives who have played high school sports?
RG: I have a brother, Camden Graves who plays baseball, basketball and golf.
More in Breaking News
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Player Profile: Allison Sherman, A-C Valley
Camp Tour 2017: Port Allegany – Powered by Kerle Tire


text:
"The Ardoch Algonguin First Nation is an Anishnabek community that is located in the Madawaska, Mississippi and Rideau watersheds. The Ardoch Algonquin First Nation (AAFNA) is non-status; that is, it is not designated as an Indian Band by the government of Canada. Historically the AAFNA communities' roots are in the families who wintered where these rivers come close together. Their use and habitation of this location originates in time immemorial. Culturally the AAFNA community is Algonquin and historically their ancestors shared in the summer life of the Ottawa River. They gathered on the Kichi Sìbì trading, guiding and protecting their advantage as the People of the Big River. When settlement began to devour land in Eastern Ontario at the beginning of the nineteenth century other families retreated up river and sought refuge among the Ardoch Algonquins. Mississauga families also came to share in the traditional lifestyle that lingered in the backlands and along the shores of the headwater lakes. By the middle of the nineteenth century Ardoch Algonquin families could no longer safely travel to Kanasatake where they once summered."
– Bob Lovelace on the Ardoch Algonquin First Nation website
http://www.aafna.ca/history.html
"Omàmìwinini is a term in the language that describes our relationships as human beings within our homeland. It is also the term by which we are known in the spirit world. Many Ardoch Omàmìwinini communities today use Algonquin as a replacement for the original term. I use both interchangeably in the book as a mechanism to reintroduce the term Ardoch Omàmìwinini into our current consciousness."
– Paula Sherman, in her book, Dishonour of the Crown
http://arbeiterring.com/new/dishonour.html
The Ardoch Omàmìwinini (Algonquin) Working Group of IPSMO is committed to working with the Ardoch Omàmìwinini in culturally appropriate and politically supportive ways. Its current focus is to stand behind the Ardoch Omàmìwinini and their settler allies in their struggle against colonialism and in support of their effort to prevent uranium mining on their homeland.
Contact: ipsmo@riseup.net


text:
About Us & Our Mission and Valuesjoshuabaer232019-11-21T14:14:08-08:00
About The Pollination Project
Founded in 2013, The Pollination Project (TPP) is an international nonprofit organization whose mission is to spark goodness and compassion in every person through a daily practice of generosity and grantmaking.
Though "pollination philanthropy"– a democratic model of peer-to-peer decision-making — TPP relies on a global network of grantees, community partners, and volunteer advisors to identify extraordinary project leaders who, due to the grassroots nature of their work, are often not in a position to receive funding from other foundations or institutions.
We know there are many ways to approach changing the world. It is our belief that uplifting and empowering individuals at the grassroots-level is a particularly potent way to achieve real and long-lasting change because:
Access to
We believe it is vital that everyone has access to opportunities to make change and that voices from within the communities where projects take place are heard because we know the power of community-originated solutions.
We believe as members of a global community of changemakers we become better placed to understand the issues facing all life on our planet through the shared experience of addressing those issues with locally appropriate, grassroots initiatives.
We believe that individuals who recognize and realize the power that they hold as agents of change typically continue striving for good, and their impact ripples out into the world in a myriad of positive ways.
Creating Long
We become part of a connected network of committed changemakers from which possibilities arise for the creation of new ways of thinking, doing, and being which may lead to long-lasting and significant change in the world.
We make micro grants 365 days a year to grassroots global change agents who seek to spread compassion in their communities and in the world for the benefit of all. We also make larger impact grants of up to $5000 to projects previously funded by TPP that have demonstrated ongoing impact and success.
In service of these values, our commitment to our grantees goes beyond grantmaking. In tandem with our trainings, mentorship, and peer-to-peer grantee hubs and support groups, we foster collaboration among our grantees and community partners through our global network, providing a wellspring of support to our grassroots innovators through non-financial means. These relationships in turn create an ecosystem through which both financial and non-financial efforts build our grantees' capacity to act effectively in the world, providing them opportunities to not only better understand themselves but also more deeply identify with others.
Our Theory Of Change
Our Theory of Change, then, is one centered around individual changemakers, our relationship with them, and their relationships with other changemakers.
Financial & Non-Financial Capital
Through both financial and non-financial capital, we support inner transformation practices in our grantees because we value those who ask themselves the hard questions, who are flexible in their thought and approach, and who engage in reflection. These practices further build resilience and compassion and foster a recognition of the interconnectedness and interdependence of all life.
This relationship-based model also allows for grantees to collaborate and come together in ways that create the conditions for the emergence of nimble, self-directed networks that build upon shared strength and encourage the discovery of new pathways for change.
Heartivism
Through identifying and amplifying the good in the world, we undertake a new form of activism, one that is based on change that comes from within the heart. This heart-centered activism—or "heartivism"–calls upon each and every one of us to look inside ourselves and recognize that our wholeness resides not in our singularity, but in our connection to other beings, both human and non-human. From this communion of people and planet emerges a new consciousness that allows for far more significant and lasting change—change that affects the many instead of the few.
By recognizing the value of small grants to engaged, active individuals inspired by their own capacity to enact change in the world and in their own hearts, our work represents a seminal shift in the field of philanthropy.
As of 2019, TPP has awarded 3,500 grants to grassroots leaders totaling more than $4,000,000 in over 110 countries. Through our global network of grantees and community partners, those leaders often leverage their grant into more funding and team-building.
Our grantees have gone on to win prestigious international awards, secure large government and foundation grants, and garner national and international media attention.
Learn About Our Team
Become Part of the Pollination Project Family
Do you have a project working to address the inequities in the world?
Apply for a $1,000 seed grant and let us help you succeed.


Which Hue offers clients like you a range of services from finding that perfect piece to finish a room, renovating a kitchen, bringing your children's room to life through to commercial interior improvements. No matter what service you're after, you'll find we strive to create the perfect balance between comfort, practicality and your personal style.
Another Which Hue service clients often ask about is working with landlords to improve rental uptake.
Let Margot help you find the finishes, fabrics and furnishings to make your space feel like you. Call on 0402 855 299 or drop us a note.
I originally contacted Margot to help me with a colour scheme for our home. I was impressed with Margot's unique ability to interpret my scattered ideas into a cohesive scheme that works so well with our furniture and other fittings. I am exceptionally happy with the final effect and the way Margot made the process easy and fun.
I walked into Margot McKay's house (it was a walking tour of houses in Artarmon that had kept their frontages, but renovated inside) and thought "I love the colours of the walls". To my delight (but no surprise) I realised she is a colour specialist. I kept her business card for a couple of years until I bought a new place.
Working with Margot was a truly great experience and every time I walk into my home it gives me pleasure. I can't recommend her highly enough.
I was lucky enough to have the assistance of Margot McKay from Which Hue during my major 11 month renovation. She took my colour brief and presented me with many options that we narrowed down together for the external colour scheme of my house.
Margot also did the interior colours, including feature walls in my children's rooms, new, appropriate colours in the Heritage part of my home and more modern colours to go with my newly built areas. Margot was always prompt, helpful and great to work with. I would recommend her to anyone!


text:
Q: WinError 2 - os.path.getmtime not locating file in Python 3 I am having difficulty with a bit of code designed to write the "Last Modified" date of a number of files to a CSV document.
I have everything else functioning properly, however this function returns:
FileNotFoundError: [WinError 2] The system cannot find the file specified: 'filenamesoandso.docx'

Here is context:
pathList = ["S:\\BUILDING\\",
        "S:\\ONGOING PROJECTS\FACILITY OPERATIONS\OPERATIONS\\"
        ]

def file_date_modified(pathList):
sys.stdout = open("date modified.txt", "w+")
for root, dirs, files, in os.walk(a):
    for file in files:
        if file.endswith(".pdf"):
             print(time.ctime(os.path.getmtime(file)))
        if file.endswith(".pptx"):
             print(time.ctime(os.path.getmtime(file)))
        if file.endswith(".doc"):
             print(time.ctime(os.path.getmtime(file)))
        if file.endswith(".docx"):
             print(time.ctime(os.path.getmtime(file)))
        if file.endswith(".xlsx"):
             print(time.ctime(os.path.getmtime(file)))

for a in pathList:
    file_date_modified()

I realize this error usually suggests it's looking in the wrong directory, but have been unable to come up with a fix based off of replies to other questions here. Here's an example of another function I have been using that works correctly and I'm not sure why this one identifies the correct path and the former does not.
def file_name_print(pathList):
sys.stdout = open("file names.txt", "w+")
for root, dirs, files in os.walk(a):
    for file in files:
        if file.endswith(".pdf"):
             print(os.path.splitext(file)[0])
        if file.endswith(".pptx"):
             print(os.path.splitext(file)[0])
        if file.endswith(".doc"):
             print(os.path.splitext(file)[0])
        if file.endswith(".docx"):
             print(os.path.splitext(file)[0])
        if file.endswith(".xlsx"):
             print(os.path.splitext(file)[0])

I'm still a rookie so it's possible I am overlooking something stupid.

A: You probably need to append the directory to the file name, as the directory of the file is different from the current working directory of the script, as it seems.
On way to do this could be:
for file in files:
    file_path = os.path.join(root, file)

    if file.endswith(".pdf"):
         print(time.ctime(os.path.getmtime(file_path)))

Does that work for you?

redpajama_set_name: RedPajamaStackExchange


A goal in either half for Cliftonville ended Glenavon's recent unbeaten run.
Conor McMenamin put the Reds ahead just before the break despite Jonny Tuffey making two superb saves in quick succession. the GLenavon defence being unable to scramble the ball away to safety.
Glenavon had a couple of strong appeals for penalties ignored by the officials before Ryan Curran doubled the visitors advantage in the 76th minute as Glenavon was caught by a swift counterattack.


text:
cv Kuck v. Danaher
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Francine Weaver
1 cv Kuck v. Danaher 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT August Term, (Argued: September 17, 2009 Decided: March 23, 2010) 8 9 Docket No cv M. PETER KUCK, individually and on behalf of others similarly situated, Plaintiff-Appellant, v JOHN A. DANAHER III, COMMISSIONER, CT STATE DEPT. OF PUBLIC SAFETY, ALBERT J. MASEK, 20 JR., COMMANDING OFFICER, CT STATE DEPT. OF PUBLIC SAFETY, Defendants-Appellees Before: STRAUB, B.D. PARKER, AND LIVINGSTON, Circuit Judges Appellant challenged, on due process grounds, the firearm permit renewal procedures employed 30 by the Connecticut Department of Public Safety and the Board of Firearms Permit Examiners. 31 The United States District Court for the District of Connecticut (Bryant, J.) dismissed the 32 complaint. See Fed. R. Civ. P. 12(b)(6). Affirmed in part, vacated and remanded in part Rachel M. Baird, Law Office of Rachel M. Baird, 36 Torrington, CT, for Plaintiff-Appellant M. Peter 37 Kuck Clare E. Kindall, Assistant Attorney General, for 40 Richard Blumenthal, State of Connecticut Attorney 41 General, Hartford, CT, for Defendants-Appellees 42 John A. Danaher III, et al
2 1 BARRINGTON D. PARKER, CIRCUIT JUDGE: 2 3 Plaintiff-Appellant M. Peter Kuck appeals from a judgment of the United States District 4 Court for the District of Connecticut (Bryant, J.) dismissing his complaint. Kuck s claims arise from 5 his efforts to renew his permit to carry a firearm with the Connecticut Department of Public Safety 6 ( DPS ). His principal claim is a procedural due process challenge alleging that DPS in tandem 7 with the Board of Firearms Permit Examiners ( the Board ) has a practice of improperly denying 8 permits, unnecessarily prolonging the appeals that follow, and then quietly resolving disputes at the 9 last minute. In addition, Kuck claims that his firearm permit appeal was deliberately delayed by 10 state officials in retaliation for his outspoken criticism of DPS and Board practices, in violation of 11 his First Amendment rights. 12 Based, in part, on this Court s intervening decision in Spinelli v. City of New York, 579 F.3d (2d Cir. 2009), we conclude that Kuck has stated a procedural due process claim. It remains 14 to be seen, however, whether Kuck has named, or will be able to name, the appropriate defendants 1 15 for this case to proceed. While he attempted to amend his complaint to add additional defendants, 16 that motion was denied as futile by the district court. We remand so that the district court may 17 consider, in the first instance, whether any relief is available to Kuck or any putative class in light 18 of the proposed amended complaint Kuck s complaint names as defendants John A. Danaher III, DPS Commissioner, in his official and individual capacities, and Albert J. Masek, Jr., DPS Commanding Officer, in his official and individual capacities. The proposed amended complaint and motion to join seek to add: Governor M. Jodi Rell, in her individual and official capacities; Barbara Mattson, DPS Detective, in her individual capacity; Thomas Karanda, DPS Detective, in his individual capacity; Ronald A. Bastura, DPS Sergeant, in his individual capacity; Susan Mazzoccoli, Executive Head, Connecticut State Department of Administrative Services, in her individual and official capacities; and Christopher R. Adams, Connecticut State Board of Firearms Permit Examiners, in his individual capacity. 2
3 1 I. BACKGROUND 2 In March 2007, Kuck applied to DPS to renew his permit to carry a firearm. He was 3 subsequently contacted by Defendant Albert J. Masek, an employee of DPS, who requested that 4 Kuck provide a U.S. passport, birth certificate, or voter registration card in support of his renewal 2 5 application. See Compl. 36. In response, Kuck inquired into the basis for the request. He was 6 told that, by statute, the State could not issue a firearm permit to any alien illegally or unlawfully 7 in the United States, and therefore DPS was required to verify his citizenship. See Conn. Gen. Stat (b), 29-28(f), 29-29(d); cf. Conn. Const. art. I, 15 (limiting the right to bear arms to 9 citizens ). Kuck objected to the requirement, arguing that he had submitted proof of citizenship 10 when he first applied for a permit in 1982 and, over the subsequent 25 years, had never before been 3 11 asked to provide such proof with a renewal application. See Am. Compl He claimed 12 then, as he does now, that the DPS requirement was arbitrary, designed to harass, and, in any event, 13 not authorized by state law. Ultimately, he refused to provide the requested documents. As a result, 14 DPS denied his renewal application. 15 Kuck then filed an appeal with the Board, seeking a hearing on whether his refusal to submit 16 a U.S. passport or birth certificate provided just and proper cause for the denial of his application. 17 See Conn. Gen. Stat b(b). However, his appeal hearing was not scheduled to occur for 18 eighteen months, during which time he was deprived of a permit to carry a firearm. In October , after this suit was filed, Kuck finally received his hearing. Shortly before the hearing, he 2 The background facts are taken from Kuck s complaint, the allegations of which are assumed to be true for purposes of adjudicating Defendants-Appellees motion to dismiss. See Kirschner v. KPMG LLP, 590 F.3d 186, 188 (2d Cir. 2009). 3 In fact, Appellant claims that his previous possession of a valid firearm permit itself constituted proof of citizenship sufficient to satisfy the DPS requirement for renewals. 3
4 1 provided a voter registration roll supporting his citizenship and residency status; as the result, his 2 renewal application was granted. Despite this resolution, he continues to seek damages from various 3 state officials under 42 U.S.C for alleged violations of his due process and First Amendment 4 rights. 5 Notably, at the time of his renewal application, Kuck was the Secretary of the Board. 6 Members of the Board are appointed by the Governor and include individuals nominated by gun 7 clubs in Connecticut. See Conn. Gen. Stat b(a). In 1998, Kuck was nominated by Ye 8 Connecticut Gun Guild, Inc. to the seat on the Board reserved for its representative. 9 Kuck alleges that, since his appointment, the estimated waiting-period for a hearing has 10 increased dramatically, and that the Board Chairman, Christopher Adams, opposed his efforts to 11 speed up the appeals process. See Compl He contends that DPS and the Board have 12 acted to burden gun-owners ability to obtain carry permits by improperly denying applications in 13 the first instance and then subjecting applicants to unjustified and prolonged appeals. 14 Kuck asserts three constitutional claims: (1) a violation of procedural due process, based on 15 the allegedly arbitrary denial of his firearm permit and excessive delay in obtaining an appeal 16 hearing; (2) a violation of substantive due process on the same grounds; and (3) a First Amendment 17 retaliation claim, alleging that DPS, acting through one of its detectives, threatened and harassed 18 Kuck after he criticized DPS and the appeals process. See Compl Kuck filed his suit as 19 a putative class action, seeking to represent a class of individuals whose permits have been 20 erroneously denied by DPS and have subsequently been subjected to a long-delayed appeal before 21 the Board. 4
5 1 Defendants moved pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the complaint, contending 2 that Kuck had failed to state claims upon which relief could be granted. The district court agreed 3 and dismissed the suit, holding that the hearing delay was not so long as to make the availability of 4 review meaningless or nonexistent. See Kuck v. Danaher, No. 3:07-cv-1390, 2008 WL , 5 at *3 (D. Conn. July 25, 2008). In light of this determination, the district court denied Kuck s 6 motion to amend his complaint as futile. This appeal followed. 7 II. DISCUSSION 8 A. Standard of Review 9 A district court s decision granting a motion to dismiss is subject to de novo review. See 10 Leibowitz v. Cornell Univ., 445 F.3d 586, 590 (2d Cir. 2006). As a matter of substance, [t]o survive 11 a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state 12 a claim to relief that is plausible on its face. Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) 13 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). 14 B. Procedural Due Process Claim Applicable Law 16 Kuck s main contention is that the eighteen-month period he waited to receive an appeal 17 hearing before the Board was, in light of the liberty interest at stake, excessive and unwarranted, and 18 thus violated due process. See Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 547 (1985) ( At 19 some point, a delay in the post-termination hearing would become a constitutional violation. ). 20 Kuck further alleges that, as a matter of practice, DPS deliberately seeks to prolong the appeals 21 process in order to unlawfully deprive citizens of pistol permits. See Compl
6 1 Appellees concede that Kuck possesses a liberty interest, created by the Connecticut 2 Constitution, in his right to carry a firearm. See Conn. Const. art. I, 15; Benjamin v. Bailey, A.2d 1226, (Conn. 1995). They dispute, however, that the time required to resolve Kuck s 4 appeal violated due process. This waiting-period, they argue, is the product of a substantial caseload 5 and the State s acute interest in ensuring that firearms are borne only by those fit to carry them. 6 Our procedural due process analysis is controlled by the three-factor test prescribed in 7 Mathews v. Eldridge, 424 U.S. 319, 335 (1976). This test requires that we balance: (1) the private 8 interest at stake; (2) the risk of an erroneous deprivation of that interest through the procedures used 9 and the probable value (if any) of alternative procedures; (3) the government s interest, including 10 the possible burdens of alternative procedures. O Connor v. Pierson, 426 F.3d 187, 197 (2d Cir ); see also FDIC v. Mallen, 486 U.S. 230, 242 (1988). In Kuck s view, his private interest in 12 lawfully possessing a firearm carries the day, at least at the motion to dismiss stage, particularly in 13 light of his allegations that DPS routinely denies permits arbitrarily only to reverse course on the 14 eve of the appeal hearing. See Compl Broadly speaking, a delay amounts to a due process violation only where it renders the 16 prescribed procedures meaningless in relation to the private interest at stake. [T]he mere assertion 17 that state remedies are lengthy... will not render state remedies inadequate [under the Due Process 18 Clause] unless they are inadequate to the point that [they are] meaningless or nonexistent. Gyadu 19 v. Workers' Comp. Comm'n, 129 F.3d 113 (2d Cir. 1997) (table) (quoting Easter House v. Felder, F.2d 1387, 1406 (7th Cir. 1990) (en banc)). We, as well as other circuits, have acknowledged 21 that administrative determinations may require a non-trivial amount of time to complete, especially 22 where caseloads are heavy. Regrettably, delay is a natural concomitant of our administrative 6
7 1 bureaucracy. Isaacs v. Bowen, 865 F.2d 468, 477 (2d Cir. 1989) (upholding a nineteen-month 2 delay in resolving disputed Medicare Part B claims). Ultimately, determining the moment at which 3 state procedures become so untimely that they become meaningless is a matter of context, driven 4 by the Mathews factors. See Mallen, 486 U.S. at 242 (noting that the significance of such a delay 5 cannot be evaluated in a vacuum ); Connecticut v. Doehr, 501 U.S. 1, 10 (1991) ( [D]ue process, 6 unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place 7 and circumstances. (internal quotation marks omitted)). 8 In precisely this way, we have recently held that deprivations may not be indefinite, 9 particularly where delay cannot be attributed to any clear state interest or the risk of erroneous 10 deprivation is significant. In Krimstock v. Kelly, 306 F.3d 40 (2d Cir. 2002), for example, we 11 considered New York City s civil forfeiture procedures for vehicles involved in alleged crimes such 12 as driving while intoxicated. Under city policy, the City would seize vehicles immediately after an 13 arrest, but forfeiture hearings awaited the completion of the underlying criminal proceedings. This 14 practice frequently meant that owners were deprived of their vehicles for a year or more before they 15 had any opportunity to challenge the seizure. See id. at We concluded that this interval was 16 simply too long in light of the private interests at stake. [T]o say that the forfeiture proceeding, 17 which often occurs more than a year after a vehicle's seizure, represents a meaningful opportunity 18 to be heard at a meaningful time on the issue of continued impoundment is to stretch the sense of 19 that venerable phrase to the breaking point. Id. at 53. The seizure of real property, especially a 20 vehicle used for daily transportation, called for a more timely opportunity to challenge the 21 deprivation. See id. at 50,
8 1 Even more recently, we concluded that a gun shop owner s due process rights were violated 2 when New York City suspended her license without a prompt post-deprivation hearing. See Spinelli 3 v. City of New York, 579 F.3d 160, (2d Cir. 2009). The city conceded that the investigation 4 and hearing process for suspended gun dealer licenses often took months or years to complete. 5 Id. at 171. Aware of the likely delay, Spinelli hired a lawyer whose successful negotiations with city 6 officials resulted in reinstatement of the suspended license after only 58 days. But given that 7 Spinelli s business and livelihood were at stake, we held that even this delay exceeded the bounds 8 of due process. Id. at 174. These decisions inform our application of the Mathews factors in this 9 case Mathews Analysis 11 a. First factor: The private interest at stake 12 With respect to the first Mathews factor, Kuck s stake in the firearm license is a liberty 13 interest tied to the right to bear arms recognized by state law. See Conn. Const. art. I, 15. As 14 noted, the defendants concede that Kuck possesses such an interest. Unlike in Spinelli, however, 15 this interest is not directly tied to Kuck s economic livelihood, and thus lacks some of the same 16 urgency identified by our opinion in that case and others. See Spinelli, 579 F.3d at 171 ( The 17 Supreme Court has repeatedly recognized the severity of depriving someone of his or her 18 livelihood. ) (quoting Mallen, 486 U.S. at 243); Goldberg v. Kelly, 397 U.S. 254, 264 (1970). 19 Nonetheless, the interest here remains substantial, protected as it is by the Connecticut Constitution 20 and decisions of that state s highest court. See Benjamin, 662 A.2d at (identifying state 21 constitutional right to bear arms for self-defense, but declining to invalidate assault weapons ban). 8
9 1 While this right is clearly subject to state regulation including licensing provisions such 2 as those here these procedures must comport with due process. See id.; State v. Bailey, 551 A.2d , 1218 (Conn. 1988) ( It is beyond serious dispute that the legislature has the authority to place 4 reasonable restrictions on a citizen s right to bear arms. ); Valdivieso Ortiz v. Burgos, 807 F.2d 6, 5 8 (1st Cir. 1986) (where a fourteenth amendment liberty interest is implicated... the state therefore 6 must adhere to rigorous procedural safeguards ). Contrary to defendants suggestion, the state s 7 ability to regulate firearms does not extinguish the liberty interest at stake or eliminate the need to 8 afford due process. In Connecticut, a permit to carry a firearm may only be revoked by the 9 Commissioner of DPS for cause, or under certain statutorily enumerated circumstances requiring 10 revocation. Conn. Gen. Stat (b), (c). Much the same, denial or revocation must be 11 supported on appeal by just and proper cause. Conn. Gen. Stat b(b). By contrast to other 12 states regulatory schemes, the Commissioner does not have unfettered discretion to revoke permits 13 under state law. See Bach v. Pataki, 408 F.3d 75, (2d Cir. 2005) (describing the wide 14 discretion possessed by licensing officers under New York law); Gross v. Norton, 120 F.3d 877, (8th Cir. 1997) (finding no constitutionally protected interest in gun permit under Minnesota 16 law). As a result, permit renewal applicants are entitled to basic due process protections, including 17 a meaningful opportunity to be heard after a denial or revocation. See Spinelli, 579 F.3d at All in all, deprivation of a firearm permit may not represent the same day-to-day hardship 19 occasioned by the seizure of a vehicle used for daily transportation, as in Krimstock, 306 F.3d at , or interference with a business-person s livelihood, as in Spinelli, 579 F.3d at Yet the 21 Connecticut Constitution establishes a clear liberty interest in a permit to carry a firearm an 22 interest that is highly valued by many of the state s citizens. See Conn. Const. art. I, 15 ( Every 9
10 1 citizen has a right to bear arms in defense of himself and the state. ). Though not overwhelming or 2 absolute, we conclude that the private interest at stake remains significant. 3 b. Second factor: The risk of erroneous deprivation 4 The second Mathews factor the risk of erroneous deprivation and the probable value of 5 alternative procedures requires a close analysis of Kuck s complaint. See Mathews, 424 U.S. at Kuck, as we have seen, alleges that DPS frequently denies permit applications for bogus or 7 frivolous reasons, thereby subjecting qualified applicants to a lengthy appeals process, only to grant 8 the permit months or years later, just before the appeal hearing. See Compl. 2-3, In his 9 case, Kuck claimed that DPS was not entitled under state law to require proof of citizenship with 10 his 2007 renewal application, and that his permit should not have been denied for lack of such 11 documentation. While this requirement appears eminently reasonable to us, it is not our province 12 here to resolve the specific issue of state law on which Kuck based his appeal to the Board. The 13 viability of Kuck s due process claim does not turn on the merits of his initial challenge; rather, it 14 concerns whether he received the process he was due. See Post v. Harper, 980 F.2d 491, 494 (8th 15 Cir. 1992) ( We review the process afforded to the plaintiff; we do not review the merits of the 16 decision rendered. ); Torres-Rosado v. Rotger-Sabat, 335 F.3d 1, 10 (1st Cir. 2003) ( We do not 17 review the substance of decisionmaking under the rubric of procedural due process analysis. ). 18 Thus, the focus of this second prong remains on (1) the overall risk of erroneous deprivation for 19 permit applicants, and (2) the time-period required to correct such deprivations. 20 In support of his allegations, Kuck offers figures suggesting that the number of appeals 21 resolved without a hearing is indeed far greater than those actually heard by the Board. See Am. 22 Compl (alleging, for example, that 249 appeals were resolved in fiscal year , 10
11 4 1 while only 40 appeals came before the Board for a hearing). This data is consistent with his 2 allegation that many permits are granted or reinstated shortly before the Board is due to hear the 3 applicant s appeal. At the motion to dismiss stage, we credit the inference that this large disparity 4 represents a significant number of unfounded permit decisions by DPS. See Spagnola v. Chubb 5 Corp., 574 F.3d 64, 67 (2d Cir.2009) (When reviewing a motion to dismiss, we accept all well-pled 5 6 factual allegations as true and draw all reasonable inferences in the plaintiff's favor ). In addition, 7 Kuck alleges that the resulting delay is far from trivial. According to the complaint, unsuccessful 8 applicants must regularly wait fourteen to twenty months to receive an appeal hearing. See Compl , 61. Together, these allegations plausibly allege a state practice of delaying appeals, only 10 to moot them at the very last minute, after the applicant has waited more than one year for a hearing. 11 See Iqbal, 129 S. Ct. at Because this practice appears to have affected a significant number 12 of applicants, and the delay is considerable, the second Mathews factor weighs in favor of Kuck at 6 13 this stage of the proceedings. 4 Comparable figures for the preceding years are as follows: Fiscal year Appeals resolved Appeals heard Kuck, we also recognize, is in an unusual position to describe the process by which appeals are resolved. Because he sits on the Board itself, his allegations have some additional plausibility at this early stage of the proceedings. See Iqbal, 129 S. Ct. at 1950 ( Determining whether a complaint states a plausible claim for relief will... be a context-specific task ). 6 This prong generally requires that we also consider the probable value of alternative procedures. See Mathews, 424 U.S. at 335. Because it is clear that reducing the time to obtain an appeal hearing would considerably diminish the impact of these allegedly erroneous denials, we need not explore this factor in depth. 11
12 1 c. Third factor: The governmental interest at stake 2 The third Mathews factor requires us to examine the strength of the state s interest in the 3 challenged procedures. Connecticut clearly has a strong and compelling interest in ensuring that 4 firearm permits are not issued to those lacking the essential character or temperament necessary 5 to be entrusted with a weapon. Dwyer v. Farrell, 475 A.2d 257, 260 (Conn. 1984) (internal 6 quotation marks omitted). Yet the state s legitimate interest in public safety does little to explain 7 why it requires up to twenty months to address appeals. For the purposes of a due process analysis, 8 the state must articulate some reason, tied to this interest, that justifies the lengthy period necessary 9 to resolve these appeals. See Mallen, 486 U.S. at 242 (directing courts to examine the justification 10 offered by the Government for delay and its relation to the underlying governmental interest ). 11 Here, the state s account is far from overwhelming: the defendants argue that the prolonged 12 wait is simply a function of the Board s caseload and backlog. Yet, on the pleadings, there is no 13 indication that this time is required to gather evidence, perform additional investigation, or formally 14 consider the appeal. Instead, the complaint suggests that the appeal sits gathering dust for nearly 15 all of the interim period, awaiting the scheduled hearing date. Moreover, the amended complaint 16 states that the Board held only 40 appeal hearings in fiscal year or less than four appeals 17 per month. See Am. Compl Thus, the pleadings themselves do not support a clear case 18 of routine administrative delay or overburdened bureaucracy. See Isaacs v. Bowen, 865 F.2d 468, (2d Cir. 1989). All in all, the State s argument boils down to an assertion that public safety is 20 important and appeals have gotten backed up. But the delay has little apparent connection to the 21 public interest invoked by defendants. The State gives no account of how or why public safety 22 requires unsuccessful applicants to wait a year-and-a-half for an appeal hearing. 12
13 1 While we are often solicitous of governmental interests, particularly those related to the 2 public s safety, we cannot accept, at least without additional factual support, the months-long delay 3 that Connecticut attempts to justify in this case. See Spinelli, 579 F.3d at 173. This interest is not 4 a license for indefinitely denying permit applicants a post-deprivation opportunity to contest an 5 adverse finding by DPS. See also Storace v. Mariano, 391 A.2d 1347, 1348 (Conn. C.P. 1978) 6 (construing the statute governing permit appeals, Conn. Gen. Stat b(c), and stating [i]t is 7 clear from a reading of the statute that time is of the essence ). For the purposes of the present 8 motion to dismiss, we find that Kuck has stated a procedural due process claim. Whether discovery 9 will bear out his claim is a matter for the district court to determine on remand. 10 C. Substantive Due Process Claim 11 Kuck also asserts a substantive due process claim based on the DPS practices described 12 above. He claims that DPS has imposed arbitrary requirements contrary to state law which, when 13 combined with the lengthy appeals process, denied him substantive due process. See Compl. 14, The district court dismissed the claim, holding that DPS s alleged misconduct was not so 15 egregious, outrageous, or shocking to the contemporary conscience that it violated substantive due 16 process. See Kuck v. Danaher, No. 3:07-cv-1390, 2008 WL , at *3 (D. Conn. July 25, ). We conclude the district court was correct. 18 Generally speaking, [f]or state action to be taken in violation of the requirements of 19 substantive due process, the denial must have occurred under circumstances warranting the labels 20 arbitrary and outrageous. Natale v. Town of Ridgefield, 170 F.3d 258, 262 (2d Cir. 1999). Yet 21 nothing in the complaint shocks the conscience or suggests a gross abuse of governmental 22 authority. Rochin v. California, 342 U.S. 165, 172 (1952), overruled on other grounds by Mapp 13
14 1 v. Ohio, 367 U.S. 643 (1961); Natale, 170 F.3d at 263 (2d Cir. 1999). Whether authorized or not, 2 the fact that state officials required Kuck to produce proof of citizenship or legal residency in 3 connection with his permit renewal application is hardly outrageous or shocking. Even more, 4 substantive due process does not entitle federal courts to examine every alleged violation of state 5 law, especially ones that, while perhaps vexatious, are more routine than egregious. That is 6 especially so because, under Connecticut law, Kuck and other class members have recourse to state 7 forums to challenge the merits of DPS decisions. See Conn. Gen. Stat b(b), (f). The district 8 court s dismissal of Kuck s substantive due process claim is consequently affirmed. 9 D. First Amendment Retaliation Claim 10 Finally, Kuck claims that his First Amendment rights were violated when he was threatened 11 and harassed by a DPS officer, allegedly on account of his outspoken criticism of the agency and 12 the appeals board. See Compl The district court dismissed this claim, reasoning that 13 Kuck had not adequately alleged that his speech caused any adverse action by DPS. See Kuck, WL , at *3. Again, we agree that dismissal was proper. 15 In order to state a retaliation claim, we require a private citizen to show: (1) he has an 16 interest protected by the First Amendment; (2) defendants' actions were motivated or substantially 17 caused by his exercise of that right; and (3) defendants' actions effectively chilled the exercise of 18 his First Amendment right. Curley v. Village of Suffern, 268 F.3d 65, 73 (2d Cir. 2001). 19 While Kuck has adequately alleged that he engaged in protected speech, he has not pleaded 20 facts that suggest he was actually threatened by any of the defendants. At most, the allegations 21 suggest that the DPS officer intended to strictly enforce laws limiting the sale of firearms at 22 upcoming gun shows. See Compl It goes without saying that retaliation cannot be 14
15 1 established where no adverse action has been alleged. See Dillon v. Morano, 497 F.3d 247, 251 (2d 2 Cir. 2007); Gill v. Pidlypchak, 389 F.3d 379, (2d Cir. 2004) (requiring an adverse action by 3 defendants and a causal connection between the adverse action and the protected speech). Even 4 more, nothing in the complaint suggests that Kuck s speech was actually chilled as a result of the 5 DPS officer s statements. See Williams v. Town of Greenburgh, 535 F.3d 71, 76, 78 (2d Cir. 2008); 6 Curley, 268 F.3d at 73. Consequently, Kuck s First Amendment retaliation claim fails on the 7 pleadings and was properly dismissed by the district court. 8 III. CONCLUSION 9 We remand to the district court for further consideration of Kuck s procedural due process 10 claim. While Kuck has received his renewal permit in the interim, which moots any personal 11 injunctive relief, he has also sued for damages and on behalf of a putative class of plaintiffs who 12 may still be awaiting hearings before the Board. See Comer v. Cisneros, 37 F.3d 775, 799 (2d Cir ) ( Where the claims of the named plaintiffs become moot prior to class certification, there are 14 several ways in which mootness is not had. ). It remains to be seen, however, whether Kuck has 15 named an appropriate defendant for this case to proceed as an individual damages suit or a putative 16 class-action. Because the district court previously found that the eighteen-month hearing delay 17 could not support a procedural due process claim, it denied both Kuck s motion to join and his 18 motion to amend as futile. We do not reach these issues or the state s various defenses at present; 19 on remand, the district court should consider the merit, vel non, of these motions. We affirm the 20 dismissal of Claim Two (substantive due process) and Claim Three (First Amendment retaliation)
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) ) ) ) ) ) ) ) ) ) ) )
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Mandelker, Daniel 8/24/2015 For Educational Use Only
Only the Westlaw citation is currently available. This case was not selected for publication in West s Federal Reporter. See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial


This is the original 1854 station to the east of the current road bridge, it closed in 1876 when a new station was opened to the west of the new bridge due to the original level crossing being replaced.
It is now a private residence, although a public footpath runs along the tracks.
Nearby on the right hand side of the line as you head towards Middlesbrough is the spur that originally lead off to the Chaloner mines just near where Mount Pleasant is today.


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The modern nomad in Asia
According to the International Organization for Migration (IOM) the estimated number of international migrants has increased globally from about 150 million people in the year 2000 to 214 million people today. This phenomenon makes societies across...
Catalogue: Asia Pacific 2013: Asia On The Move
Author: Stephanie Herold
Cultural Adaptation
Herold, S. (2013a, April 07). The modern nomad in Asia. ANA - ESOMAR. Retrieved January 30, 2023, from
https://ana.esomar.org/documents/the-modern-nomad-in-asia
Research World (March-April 2016)
Individuals' habits and preferences as well as society in general have changed dramatically over the last decade. Mass migration, cultural differences and similarities are just some of the things that are affecting societies. What are the...
Catalogue: Research World 2016
Author: ESOMAR B.V.
Tactical Research
B.V., E. (2016a, April 15). Research World (March-April 2016). ANA - ESOMAR. Retrieved January 30, 2023, from
https://ana.esomar.org/documents/research-world-march-april-2016-
Actual problems of the migration for employment in Western Europe
Migratory workers and (increasingly) the members of their families who reside in the Federal Republic of Germany, have become a considerable social factor which does not always smoothly fit into the political, social and economic structures of the...
Catalogue: Seminar 1977: Social Research
Authors: Werner Brög, Michaela Voltenauer
Social Changes
Brög and Voltenauer (1977a, December 01). Actual problems of the migration for employment in Western Europe. ANA - ESOMAR. Retrieved January 30, 2023, from
https://ana.esomar.org/documents/actual-problems-of-the-migration-for-employment-in-western-europe


Cement mills Question 5 Page 1 of 3. Cement mills Question 6 After 18 years operation of 65tph ball mill feed end cone has developed a crack It was welded as per procedure taking all precautionary . get more info. cement mill operation in malaysia Gold Ore Crusher.
Control Room Operator, Caribbean Cement Company Limited, Lance Craig (left), gives Minister of Industry, Commerce, Agriculture and Fisheries, Hon. Karl Samuda, a demonstration of the operations of cement mills, during a tour of the company's plant on Wednesday, October 11, 2017.
CARPET INSTALLATION BASICS OVERVIEW Bentley Mills Inc. 20150128 Moisture and pH Standards The Carpet and Rug Institute's Installation Standard, establishes effective guidelines for determining the chemical pH and acceptable moisture vapor emission levels for concrete slabs. Water vapor is constantly moving through concrete.
Picking the right siding for your house is a delicate balancing act between good looks, durability, maintenance, and affordability. With wood, vinyl, stone, brick, or stucco, you might get only two or three of these. But with fiber cement, a resilient mix of wood pulp and portland cement, you get all four.
cement mill separator version 4 miningbmwcom. Cement mill Wikipedia the free encyclopedia A cement mill or finish mill in North American usage is the equipment used to grind the hard nodular clinker from . get more info.
Press Room ; Home about us ... Argos is a multinational company that produces and markets cement and ready mix concrete through its operations in Colombia, the United States, Central America and the Caribbean. ... 9 Clinker mills. 33 Ports/Terminals +340 Concrete plants. 94 Distribution centers.
Home > Mill > ccr control room in a cement mill Cement Ccr Operator Jobs, Top Cement Ccr Operator … 4 Cement Ccr Operator Jobs in all Indian cities like Muscat, Oman, Porbandar, Nagpur.
Seven Rings Cement produces and distributes top-quality cement for customers ... and controlled from Central Control Room (CCR) and monitored with utmost efficiency. ... New factory named Shun Shing Cement Mills Ltd launched at Khulna.
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Revolution Mill Apartments, Greensboro's newest community. Immerse yourself into history by being a part of this exciting evolution of former times. A textile mill comes alive again in today's modern society with opportunities for you to work, play, and live.


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Larson finally wins elusive Chili Bowl in 13th try
9:39 AM ET Associated Press TULSA, Okla. — Kyle Larson scored one of the biggest victories of his career by ending an 0-for-12 streak to finally win the Chili Bowl Midget Nationals. Larson passed Christopher Bell with 17 laps in Saturday night's main event to end his frustrating streak of futility and deny Bell a
January 19, 2020 by admin 0 Comments
Xfinity Series to run Indy road course for 1st time
12:48 PM ET Associated Press INDIANAPOLIS — Indianapolis Motor Speedway owner Roger Penske announced Wednesday that this year's NASCAR Xfinity Series race will be run on the track's road course for the first time. The Cup Series race, scheduled for July 5, will remain on the track's 2 1/2-mile oval. The decision was approved by
Rules changed to try to improve short-track races
10:42 AM ET Associated Press CHARLOTTE, N.C. — NASCAR has changed the rules on its aerodynamic package for short tracks and road courses because the racing didn't improve at those venues under rules introduced last season. NASCAR had been fairly adamant the rules package would remain unchanged but reversed course late last season when it
Penske shuffles crew chiefs for Cup Series teams
7:30 PM ET Associated Press MOORESVILLE, N.C. — Team Penske has overhauled the crew chief assignments for all three of its Cup Series teams. Joey Logano, the 2018 NASCAR champion, will be paired with Paul Wolfe; 2012 champ Brad Keselowski has Jeremy Bullins, and Ryan Blaney was assigned Todd Gordon. Keselowski and Wolfe had been
'Last American Hero' Junior Johnson dies at 88
5:38 PM ET Junior Johnson, a bootlegger turned NASCAR Hall of Famer immortalized as the "Last American Hero," has died, NASCAR announced. He was 88. NASCAR said Johnson had been in declining health and had entered hospice care this week. "Junior Johnson truly was the 'Last American Hero,'" NASCAR Chairman and CEO Jim France said
Deegan jumps to Ford to fast-track racing career
1:48 PM ET Associated Press CHARLOTTE, N.C. — Hailie Deegan, a rising 18-year-old star in motorsports, was named a development driver with Ford Performance on Tuesday in a deal that could fast-track her progression into a NASCAR national series. Deegan spent the last two years as part of Toyota's crowded development field before the switch.
Motorsports safety pioneer Bill Simpson, 79, dies
7:31 PM ET Associated Press Bill Simpson, a pioneer in motorsports safety credited with creating equipment that saved too many drivers to count from death or serious injury, died Monday from complications of a stroke suffered three days earlier. He was 79. The Motorsports Hall of Fame, which inducted Simpson in 2003 for his long
Felix Sabates to retire from NASCAR ownership
11:26 AM ET Associated Press CHARLOTTE, N.C. — In his den overlooking the 14th hole at Quail Hollow, there are a handful of reminders of Felix Sabates' 30 years in NASCAR — a photo of the team owner at one of his first races; a bobblehead of close friend and rival Rick Hendrick; in the
Crew chief Pearn leaving NASCAR; cites family
5:50 PM ET Associated Press CHARLOTTE, N.C. — Cole Pearn, considered one of the top crew chiefs in NASCAR, is leaving the sport to spend more time with his family. Pearn won the 2017 NASCAR championship with Martin Truex Jr. and guided Truex to the title race in four of their five years together, including
December 9, 2019 by admin 0 Comments
Chase Elliott gets 2nd most popular driver award
9:30 PM ET Associated Press NASHVILLE, Tenn. — Chase Elliott's run as NASCAR's most popular driver hit two consecutive years when he was voted as the sport's top star. Elliott won the award last season, the first since Dale Earnhardt Jr. retired to end his streak of 15 consecutive years as winner. Earnhardt Jr. fell
Sources: Jags, ex-Skins HC Gruden near OC deal
Texans' Watt set to host 'Saturday Night Live'
Source: Bielema joining Judge's staff with Giants
SMU names Lincoln Riley's brother as co-OC
AB, trainer allegedly battered driver, police say
Police: AB's trainer arrested amid battery probe
Bills DT Liuget settles lawsuit vs. former trainer
Herbert hopes Senior Bowl helps him like Wentz
La Liga want Barcelona-Real Madrid moved from Camp Nou amid local protests
Lazio handed partial stadium ban for fans' racist behaviour vs. Rennes
Police: Antonio Brown suspect in battery probe
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The Geden Phacho Bhucho Preservation Centre would like to announce that the August teaching from the 7th of August till the of 9th September 2009 went well.
Venerable Gen Yontan Gyatso gave oral transmissions (Lung) on Gungthang Tenpai Donmes' (1762-1823) seven of eleven volumes at this time and will continue the remaining and Kunkyen Lama Jamyang Shepas' six volumes out of the fifteen volumes which survive the lineage (1648-1721). These written works are the text books of the Gomang College which is part of one of the largest Monasteries of Tibet and also of Labrang Tashi Kyil as well as monasteries in Mongolia.
Also we would like you to be involved in this work both financially and in your thoughts so please come forward for this precious project.