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SUNDAY, JAN. 17
12:27 a.m. Driving under the influence of drugs — 5800 block of North Belt West.
12:42 a.m. Subject removal — First block of Pheasantwood Drive.
1:34 a.m. Subject removal — First block of Pheasantwood Drive.
4:32 a.m. Burglary from a motor vehicle — First block of Granvue Drive.
1:28 p.m. Domestic incident — 1300 block of Union Avenue.
3:21 p.m. Traffic accident report — East B Street at North Belt East.
3:24 p.m. Missing person, juvenile male — 5700 block of North Belt West.
4:25 p.m. Aggravated domestic battery — 5700 block of North Belt West.
5:06 p.m. Residential burglary — First block of South 76th Street.
6:07 p.m. Domestic battery — 900 block of Belle Valley Drive.
7:41 p.m. Traffic accident report — 2600 block of West Main Street.
7:41 p.m. Disorderly conduct — 300 block of East Washington Street.
8:38 p.m. Disturbance — 1200 block of Bel Aire Drive.
MONDAY, JAN. 18
6 a.m. Lost/stolen cell phone — 2600 block of Carlyle Avenue.
9:11 a.m. Traffic accident report — North High Street at East A Street.
10:27 a.m. Occupancy permit violation — 100 block of South Woodcrest Drive.
11:09 a.m. Traffic accident report — 5800 block of North Belt West.
12:42 p.m. Violation of orders of protection — 900 block of North Illinois Street.
4:18 p.m. Domestic incident — 1400 block of North Charles Street.
7:29 p.m. Retail theft — 2600 block of Green Mount Commons Drive.
7:50 p.m. Traffic accident report — South 29th Street at Otto Street.
8:07 p.m. Barking dogs — 500 block of South Douglas Avenue.
8:42 p.m. Retail theft — 7200 block of Westfield Plaza Drive.
9:08 p.m. Domestic battery — 400 block of North 39th Street.
9:36 p.m. Traffic accident, police vehicle — 1200 block of South Illinois Street.
9:37 p.m. Domestic incident — First block of North Virginia Avenue.
9:47 p.m. Traffic stop — First block of South Belt West.
11:41 p.m. Cruelty to animal — 500 block of Mascoutah Avenue.
TUESDAY, JAN. 19
12:22 a.m. Aggravated battery — 700 block of East B Street.
4:55 a.m. Domestic battery — First block of North Virginia Avenue.
5:46 a.m. Criminal damage to a vehicle — 600 block of Fulton Street.
6:20 a.m. Traffic accident report — West Boulevard at Mallard Drive.
6:32 a.m. Traffic accident report — Westhaven School Road at South Illinois Street.
6:37 a.m. Motor vehicle theft — 1800 block of East D Street.
7:37 a.m. Burglary from a motor vehicle — 2000 block of East B Street.
7:45 a.m. Burglary from a motor vehicle — 200 block of Sherman Street.
8:19 a.m. Traffic accident report — Wedgewood Drive at North Belt East.
8:22 a.m. Motor vehicle theft — 100 block of North Indiana Avenue.
8:47 a.m. Housing complaint — First block of Orbon Place.
8:58 a.m. Burglary from a motor vehicle — 2100 block of East C Street.
9:42 a.m. Attempted suicide — 4000 block of Frank Scott Parkway West.
10:34 a.m. Traffic accident report — South Belt West at State Street.
10:46 a.m. Possession of cannabis 30 grams or less — 2500 block of West Boulevard.
10:55 a.m. Theft $500 and under — 200 block of East A Street.
11:03 a.m. Traffic accident report — Royal Heights Road at North Belt West.
11:30 a.m. Traffic accident report — 6300 block of West Main Street.
11:53 a.m. Lost/stolen cell phone — 4600 block of Memorial Drive.
12:46 p.m. Criminal sexual abuse — First block of North 82nd Street.
1:54 p.m. Hit and run — 900 block of South Green Mount Road.
2:30 p.m. Traffic accident report — 1800 block of Lebanon Avenue.
3:21 p.m. Traffic accident report — 3500 block of West A Street.
3:35 p.m. Burglary from a motor vehicle — 700 block of State Street.
4:59 p.m. Hit and run — 7400 block of Westchester Drive.
5:07 p.m. Threats — 800 block of Centreville Avenue.
5:15 p.m. Domestic incident — First block of Highview Court.
5:58 p.m. Counterfeit bills — 200 block of South 3rd Street.
6:41 p.m. Battery — 200 block of North 48th Street.
7:07 p.m. Traffic accident, police vehicle — Frank Scott Parkway West at West State Route 161.
7:13 p.m. Unlawful visitation interference — 2100 block of East Belle Avenue.
8:22 p.m. Suspicious incident — 2000 block of East D Street.
8:53 p.m. Domestic incident — 1400 block of Schilling Avenue.
WEDNESDAY, JAN. 20
6:24 a.m. Domestic incident — 100 block of Cameron Drive.
9:05 a.m. Possession of cannabis 30 grams or less — 1900 block of North Church Street.
7:30 a.m. Theft from a motor vehicle — 3700 block of West State Route 15.
10:05 a.m. Traffic accident report — First block of North Green Mount Road.
10:46 a.m. Runaway juvenile — 300 block of North Church Street.
11:12 a.m. Traffic accident report — West State Route 161 at Frank Scott Parkway West.
12:08 p.m. Traffic accident report — 200 block of East State Route 15.
12:11 p.m. Traffic accident report — East A Street at North High Street.
12:46 p.m. In state warrant — 500 block of South Charles Street.
12:48 p.m. Criminal sexual abuse — 700 block of Forest Avenue.
3:26 p.m. Domestic incident — 4500 block of South Park Drive.
3:46 p.m. Recovered property — 1400 block of Schilling Avenue.
3:53 p.m. Violation of orders of protection — Public Square.
4 p.m. Theft over $500 — 400 block of East B Street.
5:37 p.m. Traffic accident report — 5600 block of West State Route 161.
5:37 p.m. Criminal trespass to a residence — 1200 block of Hampton Court.
7:21 p.m. Lost property — 1700 block of Mascoutah Avenue.
8:46 p.m. Traffic accident report — 1000 Centreville Avenue.
9:32 p.m. Harassment — First block of Pheasantwood Drive.
10:38 p.m. Criminal trespass to a residence — 1200 block of West Main Street.
THURSDAY, JAN. 21
2:13 a.m. Disturbance — 1700 block of Mascoutah Avenue.
2:44 a.m. Burglary — First block of Bellevue Park Plaza.
3:39 a.m. Residential burglary — 1000 block of South Charles Street.
7:18 a.m. Criminal damage to a vehicle — 800 block of Royal Heights Road.
8:16 a.m. Domestic incident — 4500 block of South Park Drive.
8:24 a.m. Traffic accident report — North 11th Street at West Main Street.
9:19 a.m. Housing complaint — First block of Grand Avenue.
9:48 a.m. Violation child murderer, violent offend act — 6500 block of West Main Street.
10:13 a.m Runaway juvenile — 5700 block of North Belt West.
10:25 a.m. Telephone threat — 300 block of Park Drive.
10:44 a.m. Criminal damage to a vehicle — 700 block of North Charles Street.
1:02 p.m. Forgery — 1700 block of North Belt West.
1:15 p.m. Retail theft — 700 block of Carlyle Avenue.
2:48 p.m. Motor vehicle theft — 4100 block of South Park Drive.
2:56 p.m. Violation of orders of protection — 700 block of South Belt West.
3:33 p.m. Traffic accident report — 3200 block of Denvershire Drive.
3:44 p.m. Juvenile problems — 1300 block of South 74th Street.
3:47 p.m. Domestic incident — First block of Robin Hill Lane.
3:51 p.m. Criminal damage to a vehicle — 2500 block of West Boulevard.
4:35 p.m. Neglect of a child — 3200 block of Denvershire Drive.
5:13 p.m. Retail theft — 200 block of East Main Street.
5:43 p.m. Child abuse — 200 block of South Belt West.
6:13 p.m. Traffic accident report — 700 block of Carlyle Avenue.
6:32 p.m Suspicious incident — 1300 block of North 17th Street.
6:44 p.m. Criminal trespass to state supported property — 2500 block of West Boulevard.
7:08 p.m. Missing person, adult male — 1000 block of Forest Avenue.
7:45 p.m. Domestic incident — First block of Hillwood Lane.
9:22 p.m. Missing person, juvenile male — 3600 block of West A Street.
9:27 p.m. Drunkenness, local laws— West Belle Street at North 17th Street.
9:35 p.m. Threats — 200 block of North 48th Street.
FRIDAY, JAN. 22
12:06 a.m. Neighborhood trouble — First block of Hillside Lane.
6:31 a.m. Traffic accident report — Frank Scott Parkway West at North Belt West.
7:07 a.m. Burglary — 5600 block of Belleville Crossing Street.
8:41 a.m. Hit and run — North Belt West at East B Street.
8:46 a.m. Child abuse — 200 block of Ridgewood Drive.
9:24 a.m. Suspicious incident — 100 block of North 98th Street.
10:33 a.m. Traffic accident report — 2500 block of West Boulevard.
11:19 a.m. Disturbance — 700 block of North Church Street.
11:29 a.m. Found property —200 block of North 12th Street.
1:47 p.m. Assist other agency —1400 block of North Illinois Street, Swansea.
1:57 p.m. Possession of cannabis 30 grams or less —2500 block of West Boulevard.
2:41 p.m. Traffic accident report —500 block of West Main Street.
3:53 p.m. Domestic battery —200 block of South Charles Street.
3:57 p.m. Battery —300 block of North 11th Street.
4:58 p.m. Disorderly conduct — 4200 block of West Main Street.
5:09 p.m. Traffic accident report — 2400 block of Amann Drive.
5:33 p.m. Residential burglary — 100 block of Lauren Circle.
5:53 p.m. Unlawful visitation interference — 12600 block of Carlyle Avenue.
6:20 p.m. Traffic accident report — 3800 block of North Belt West.
7:12 p.m Retail theft — 2600 block of Green Mount Commons Drive.
8:02 p.m. Loud noise complaint — 500 block of South 19th Street.
8:14 p.m. Possession of drug paraphernalia — 200 block of South Virginia Avenue.
8:20 p.m. Loud noise complaint — 100 block of North Pennsylvania Avenue.
9:26 p.m. Motor vehicle theft — 100 block of Lauren Circle.
9:44 p.m. Retail theft — 5600 block of Belleville Crossing Street.
9:45 p.m. Domestic incident — 400 block of East Washington Street.
SATURDAY, JAN. 23
7:31 a.m. Runaway juvenile — 2300 block of East Main Street.
11:46 a.m. Retail theft — 7200 block of Westfield Plaza Drive.
11:52 a.m. Traffic accident report — Old Collinsville Road at Lebanon Avenue.
12:55 p.m. Traffic accident report — First block of North Green Mount Road.
1:27 p.m. Theft of lost or mislaid property — 100 block of Carlyle Plaza Drive.
1:46 p.m. Other, no report necessary — 200 block of North 13th Street.
2:41 p.m. Theft $500 and under — 900 block of East B Street.
3:46 p.m. Missing person, adult male — 200 block of North 13th Street.
4:34 p.m. Assist ambulance — 800 block of South High Street.
4:36 p.m. Loud noise complaint — 1300 block of East B Street.
5:30 pm. Loud noise complaint — 1300 block of East B Street.
6 p.m. Domestic incident — 4100 block of South Park Drive.
6:34 p.m. Sudden death and bodies found, other — 1200 block of North 17th Street.
7:27 p.m. Obstructing justice — 5300 block of West Main Street.
8:54 p.m. Unlawful use of credit/debit card — 2300 block of Pro Tour Drive.
9:18 p.m. Criminal trespass to a vehicle — 500 block of North 6th Street.
9:37 p.m. Domestic incident —100 block of East D Street.
10:09 p.m. Loud noise complaint — 3900 bock of West Main Street.
11:38 p.m. Retail theft — 4600 block of West Main Street.
1:17 a.m. Traffic accident report — 2700 block of Brookmeadow Drive.
1:55 a.m. Disorderly conduct — 5500 block of North Belt West.
2:11 a.m. Disorderly conduct — 100 block of North 1st Street.
3:39 a.m. Criminal damage to property — 1700 block of East B Street.
5:51 a.m. Criminal damage to property — 600 block of North Charles Street.
11:23 a.m. Theft $500 and under — 100 block of East B Street.
12:18 p.m. Criminal damage to property — 600 block of State Street.
1:11 p.m. Traffic accident report — 4000 block of Frank Scott Parkway West.
1:31 p.m. Traffic accident report — 700 block of Southgate Drive.
2:48 p.m. Domestic incident —400 block of North 4th Street.
4:01 p.m. Disturbance — 3700 block of South Park Drive.
4:13 p.m. Hit and run — 700 block of West Monroe Street.
5:18 p.m. Subject removal — 2800 block of West Main Street.
11:25 p.m. Crisis prevention, mental — 500 block of South 22nd Street.
11:52 p.m. Traffic accident, DUI — West Cleveland Avenue at South Illinois Street.
12:57 a.m. Disturbance — 1000 block of Belle Valley Drive.
1:02 a.m. Loud noise complaint — 500 block of South Jackson Street.
2:43 a.m. Domestic incident — 200 block of Rayburn Drive.
8:36 a.m. Hit and run —1500 block of East State Route 15.
11:48 a.m. Retail theft — 1200 block of Frank Scott Parkway West.
12:17 p.m. Residential burglary — 2200 block of West A Street.
12:41 p.m. Theft of lost or mislaid property — 2600 block of West Main Street.
2:27 p.m. Theft $500 and under — 2600 block of West Main Street.
2:39 p.m. Crisis intervention, parent, juvenile — 2500 block of West Boulevard.
3:57 p.m. Traffic accident report — Frank Scott Parkway West at Hawksbill Drive.
4:06 p.m. Hit and run — 5700 block of West Main Street.
4:17 p.m. Identity theft — 900 block of Sycamore Street.
4:19 p.m. Criminal damage to property — 300 block of North Church Street.
4:20 p.m. Theft $500 and under — 800 block of West Main Street.
5:14 p.m. Retail theft — 6400 block of West Main Street.
5:24 p.m. Traffic accident report — North 17th Street at North 28th Street, Swansea.
6:42 p.m. Domestic incident — 1200 block of Lebanon Avenue.
7:50 p.m. Runaway juvenile —1100 block of North 39th Street.
8:12 p.m. Dog bite, home — 4200 block of Erna Street.
9:52 p.m. Domestic battery — 400 block of East C Street.
10:39 p.m. Recovered stolen property — 7700 block of West Main Street.
10:44 p.m. Fights, riots, brawls — 400 block of South Church Street.
TUESDAY, JAN 26
7:28 a.m. Traffic accident report — Mascoutah Avenue at South Green Mount Road.
8:40 a.m. Suspicious incident — 100 block of Portland Avenue.
9:31 a.m. Hit and run — 500 block of North 40th Street.
9:37 a.m. Housing complaint — 1500 block of West Main Street.
9:52 a.m. Housing complaint — 1900 block of Richmond Springs Lane.
10:06 a.m. Suspicious incident — 700 block of St. Clair Avenue.
10:18 a.m. Occupancy permit violation — 4000 block of Michelle Drive.
11:33 a.m. Disturbance — 5000 block of West Washington Street.
12 p.m. Occupancy permit violation — 1700 block of Shadow Ridge Court.
12:31 p.m. Possession of drug paraphernalia — 400 block of Portland Avenue.
12:55 p.m. Deceptive practices — 400 block of North Illinois Street.
1:05 p.m. Battery — First block of Christopher Drive.
1:06 p.m. Theft of lost or mislaid property — 1300 block of Frank Scott Parkway West.
2:03 p.m. Residential burglary — 100 block of Marlo Drive.
4:07 p.m. Theft $500 and under — 1900 block of Muren Boulevard.
4:23 p.m. Traffic accident report — South Green Mount Road at Mascoutah Avenue.
5:23 p.m. Theft $500 and under — 300 block of South Jackson Street.
7:21 p.m. Suspicious incident — First block of Arabelle Drive.
8:17 p.m. Motor vehicle theft — 300 block of North 37th Street.
10:14 p.m. Child custody dispute — 4300 block of Memorial Drive.
10:27 p.m. Driving under the influence of alcohol — 1700 block of Dutch Hollow Road.
11:34 p.m. Subject removal — 900 block of Belle Valley Drive.
12:30 a.m. Domestic incident —500 block of South Douglas Avenue.
12:33 a.m. Burglary — 200 block of Lebanon Avenue.
1:33 a.m. Curfew violation, city ordinance —Public Square.
1:42 a.m. 911 hangup — 300 block of North 1st Street.
2:37 a.m. Pedestrian under the influence of alcohol or drugs — West C Street at North 1st Street.
4:10 a.m. Possession of stolen property — North Belt West at Frank Scott Parkway West.
8:19 a.m. Traffic accident report — 2500 block of West Boulevard.
10:09 a.m. Deceptive practices — 500 block of South Illinois Street.
10:16 a.m. Theft of lost or mislaid property — 1700 block of Lebanon Avenue.
10:21 a.m. Traffic accident report — 500 block of Carlyle Avenue.
11:48 a.m. Hit and run — First block of North 37th Street.
12:11 p.m. Burglary from a motor vehicle — First block of Creston Arms Court.
12:17 p.m. Suspicious incident — 100 block of West Washington Street.
1:30 p.m. Housing complaint — 200 block of North 6th Street.
3:44 p.m. Traffic accident report — 2300 block of Old Collinsville Road.
3:53 p.m. Theft over $500 — 6000 block of West Main Street.
4:47 p.m. Traffic accident report — North 1st Street at West A Street.
6:31 p.m. Retail theft —2600 block of Green Mount Commons Drive.
7:20 p.m. Battery — 1100 block of Wabash Avenue.
10:45 p.m. Crisis intervention, suicide threat — South Charles Street at 12th Street South.
12:50 a.m. Burglary — 200 block of South Belt East.
1:10 a.m. Domestic battery — 100 block of South 35th Street.
4:12 a.m. Burglary from a motor vehicle — 400 block of East C Street.
4:39 a.m. Motor vehicle theft — 900 block of South Illinois Street.
7:08 a.m. Burglary from a motor vehicle — 200 block of Portland Avenue.
7:27 a.m. Burglary from a motor vehicle — 300 block of South Jackson Street.
7:39 a.m. Motor vehicle theft — 300 block of South Jackson Street.
7:40 a.m. Traffic accident report — West Main Street at Lebanon Road.
7:50 a.m. Disorderly conduct — North 43rd Street at Betty Drive.
8:12 a.m. Traffic accident report —1000 Royal Heights Road.
8:17 a.m. Motor vehicle theft — 100 block of Carlyle Avenue.
9:23 a.m. Threats — 100 block of North 6th Street.
11:01 a.m. Retail theft — 1700 block of North Belt West.
11:44 a.m. Other trouble — 200 block of Freedom Drive.
12:26 p.m. Traffic accident report — 500 block of Carlyle Avenue.
12:29 p.m. Housing complaint — 300 East E Street.
2:07 p.m. Traffic accident report — North 17th Street at West State Route 161.
2:49 p.m. Retail theft — First block of South Belt West.
3:52 p.m. Forgery —200 block of North Jackson Street.
4:29 p.m. Traffic accident report — 200 block of South Green Mount Road.
4:52 p.m. Traffic accident, information exchange — North 70th Street at West Main Street.
4:58 p.m. Traffic accident report —Frank Scott Parkway West at West Main Street.
5:13 p.m. Deceptive practices — 8900 block of Tanglewood Circle.
5:16 p.m. Traffic accident report —100 block of South Belt East.
5:38 p.m. Check the well-being —First block of North 11th Street.
6:17 p.m. Neighbor dispute — 1800 block of East C Street.
6:34 p.m. Criminal damage to a vehicle — 3800 block of North Belt West.
8:04 p.m. Disturbance — First block of Hillside Lane.
8:38 p.m. Attempted suicide — 100 block of North Pennsylvania Avenue.
8:57 p.m. Subject removal — 300 block of North 1st Street.
9:156 p.m. Criminal damage to a vehicle — 300 block of South 15th Street.
9:54 p.m. Subject removal —1000 Royal HEights Road.
11:09 p.m. Disturbance — First block of North 17th Street.
3:38 a.m. Disturbance — 200 block of North High Street.
7:58 a.m. Traffic accident report — Sherman Street at EAst B Street.
8:25 a.m. Traffic accident report — 6800 block of Foley Drive.
9:35 a.m. Crisis intervention, mental — 400 block of North 40th Street.
9:41 a.m. Criminal damage to a vehicle — 6500 block of West Main Street.
11:04 a.m. Housing complaint — First block of North 11 th Street.
11:10 a.m. Traffic accident report — Old St. Louis Road at South 74th Street.
11:59 a.m. Identity theft — 2100 block of Scheel Street.
1:02 p.m. Violation of orders of protection — 700 block of Scheel Street.
2:44 p.m. Residential burglary —100 block of South 9th Street.
3:41 p.m. Traffic accident report 100 block of Carlyle Plaz Drive.
5:12 p.m. Criminal damage to fire fighting apparatus —700 block of West Lincoln Street.
8:35 p.m. Hit and run — 7300 block of Foley Drive.
9:38 p.m. Domestic battery — First block of Cameron Drive.
10:32 p.m. Disturbance — 200 block of North 6th Street.
12:38 a.m. Loud noise complaint — 8500 block of West Main Street.
12:39 a.m. Disturbance — 200 block of Abend Street.
2:22 a.m. Driving under the influence of alcohol —1100 block of South Illinois Street.
2:36 a.m. Domestic battery —500 block of North 40th Street.
3:43 a.m Attempted burglary —500 block of North 40th Street.
3:58 a.m. Domestic incident —200 block of Sparrow Point Lane.
7:52 a.m. Suspicious incident — 200 block of Carlyle Avenue.
11:13 a.m. Traffic accident report — 2600 block of Green Mount Commons Drive.
11:32 a.m. Criminal damage to property —First block of Pheasantwood Drive.
12:01 p.m. Residential burglary — 600 block of Bristow Street.
1:14 p.m. Disturbance — 1700 block of Mascoutah Avenue.
1:55 p.m. Traffic accident report —First block of East Washington Street.
2:19 p.m. Solicitor complaint — 300 block of Limerick Lane.
3:43 p.m. Neighbor dispute —8000 block of West Main Street.
5:40 p.m. Dog bite, other —500 block of South 17th Street.
5:41 p.m. Traffic accident report —1200 block of South Illinois Street.
5:47 p.m. Traffic accident report —First block of North Green Mount Road.
6:21 p.m. Domestic battery —300 block of Park Drive.
7:17 p.m. Suspicious person —700 block of North Church Street.
8:03 p.m. Disturbance — 800 block of North 2nd Street.
10:28 p.m. Domestic battery — 300 block of North 43rd Street.
11:39 p.m. Traffic accident report — 1000 block of North Douglas Avenue.
8:28 a.m. Theft $500 and under — 500 block of South Illinois Street.
9:52 a.m. Traffic accident report — 400 block of North Belt East.
10:16 a.m. Traffic accident report — Foley Drive at Wesley Drive.
10:18 a.m. Found property —100 block of South Illinois Street.
11:10 a.m. Disturbance — First block of North 17th Street.
12:05 p.m. Traffic accident report —West State Route 15 at Latinette Lane.
12:18 p.m. Aggravated battery — 300 block of North 49th Street.
2:36 p.m. Disturbance — 400 block of Walnut Street.
5:13 p.m. Lost drivers license or plates — 500 block of North 40th Street.
5:32 p.m. Disorderly conduct — 200 block of South Charles Street.
5:40 p.m. Disturbance — 400 block of East Van Buren Street.
6:P42 p.m. Criminal damage to a vehicle —First block of Bellevue Park Plaza.
7:41 p.m. Criminal damage to property —2000 block of East B Street.
8:39 p.m. Disturbance — 4500 block of West Washington Street.
9:10 p.m. Lost property — 200 block of North 45th Street.
9:24 p.m. Burglary from a motor vehicle —800 block of Union Avenue.
9:56 p.m. Lost property —Ruck Drive at East Carson Drive.
10:15 p.m. Assault — 1000 block of Royal Heights Road.
MONDAY, FEB. 1
1:26 a.m. Suspicious vehicle — 1100 block of Lilac Drive.
1:33 a.m. Retail theft — 4600 block of West Main Street.
3:26 a.m. Traffic accident report — 10600 block of West Main Street.
7:22 a.m. Burglary from a motor vehicle —First block of North Missouri Avenue.
9:01 a.m. Criminal damage to state supported property —500 block of East D Street.
9:35 a.m. Theft over $500 —Forest Hills Drive at Lebanon Avenue.
9:38 a.m. Injured person — Brittany Lane at North belt West.
10:43 a.m. Unlawful use of a credit/debit card — 600 block of Carlyle Avenue.
11:33 a.m. Suspicious person — 200 block of Freedom Drive.
11:42 a.m. Disorderly conduct — First block of Bellevue Park Plaza.
11:56 a.m. Traffic accident report — South Illinois Street at South Belt East.
12:20 p.m. Dog bite, public — 200 block of Lebanon Avenue.
12:27 p.m. Domestic incident —3400 block of West A Street.
1:21 p.m. Hit and run —4500 block of Memorial Drive.
1:27 p.m. Disturbance — 800 block of Forest Avenue.
2:03 p.m. Traffic accident report — 2000 block of Mascoutah Avenue.
3:02 p.m. Theft $500 and under — 1000 block of Freeburg Avenue.
4:32 p.m. Criminal damage to vehicle — 200 block of Walnut Street.
6:06 p.m. Traffic accident report —West State Route 161 at East Carson Drive.
7:12 p.m. Disturbance — 200 block of West Garfield Street.
7:17 p.m. Traffic accident report — 200 block of South Belt West.
10:09 p.m. Lost driver's license or plates — First block of North 64th Street.
10:33 p.m. Loud noise complaint —3900 block of West Main Street.
10:56 p.m. Domestic incident — 1900 block of North 17th Street.
TUESDAY, FEB. 2
12:02 a.m. Retail theft —First block of South Belt East.
1 a.m. Lost/stolen cell phone — 2500 block of West Boulevard.
2:10 a.m. Fleeing, attempting to elude the police — 200 block of Mascoutah Avenue.
5:12 a.m Hit and run — 100 block of West C Street.
8:26 a.m. Burglary —1000 block of South Green Mount Road.
10:11 a.m. Deceptive practices — First block of North 17th Street.
10:44 a.m. Domestic incident — First block of Vernier Avenue at North 29th Street.
12:12 p.m. Criminal damage to property — 4700 block of West Main Street.
12:13 p.m. Hit and run — 2600 block of West Main Street.
12:35 p.m. Retail theft — 2600 block of Green Mount Commons Drive.
1:29 p.m. Assist other agency —700 block of North 5th Street.
2:50 p.m. Traffic accident report — South High Street at East Washington Street.
5:01 p.m. Hit and run —200 block of South Illinois Street.
5:14 p.m. Hit and run — 100 block of East Main Street.
6:05 p.m. Harassment by telephone —4500 block of Memorial Drive.
6:05 p.m. Violation of orders of protection —1800 block of Bunsen Avenue.
6:23 p.m. Violation of orders of protection — 900 block of North 39th Street.
7:12 p.m. Battery —1200 block of East B Street.
7:35 p.m. Missing person, adult female — 300 block of Arapaho Drive.
8:24 p.m. Domestic battery — First block of North Pennsylvania Avenue.
10:04 p.m. Criminal damage to property —400 block of South 20th Street.
10:11 p.m. Residential burglary —1000 block of Belle Valley Drive.
10:22 p.m. Other, no report necessary —600 block of South 20th Street.
10:23 p.m. Criminal damage to a vehicle —600 block of South 20th Street.
10:59 p.m. Unlawful use of credit/debit card — 1700 block of North Church Street.
11:15 p.m. Disturbance — 1100 block of Bel Aire Drive.
11:17 p.m. Criminal damage to property — 200 block of North 45th Street.
11:44 p.m. Check the well being —900 block of North 39th Street.
11:59 p.m. Child abuse — 800 block of Sycamore Street.
WEDNESDAY, FEB. 3
2:29 a.m. Crisis intervention, mental —4500 block of Memorial Drive.
7:28 a.m. Domestic battery —First block of Orchard View Court.
8:33 a.m. Burglary —4700 block of West Main Street.
9:15 a.m. Criminal damage to property — 400 block of North 4th Street.
12:15 p.m. Traffic accident report — 700 block of North Illinois Street.
12:57 p.m. Child custody dispute — 400 block of North 4th Street.
1:31 p.m. Domestic battery — First block of Christopher Drive.
2:32 p.m. Criminal damage to a vehicle —4500 block of West Main Street.
2:51 p.m. All other criminal offenses — 700 block of East Main Street.
3:35 p.m. Traffic accident report —300 block of South Green Mount Road.
3:53 p.m. Residential burglary —700 block of Fort Henry Road.
4:18 p.m. Traffic accident report —900 block of North Illinois Street.
7:33 p.m. Domestic incident — 4500 block of West Washington Street.
10:38 p.m. Threats —2100 block of Muren Boulevard.
10:49 p.m. Disturbance — 200 block of South 16th Street.
11:33 p.m. Battery —700 block of South Belt West.
THURSDAY, FEB. 4
2:05 a.m. Traffic accident, DUI — 800 block of South Green Mount Road.
3:56 a.m. Other, no report necessary —4800 block of West Main Street.
4:01 a.m. Subject removal —First block of West Monroe Street.
8:41 a.m. Traffic accident report —1600 block of West Main Street.
8:51 a.m. Burglary from a motor vehicle —3700 block of West State Route 15.
9:38 a.m. Suspicious incident —400 block of South Illinois Street.
9:44 a.m. Traffic accident report —East Washington Street at South Illinois Street.
10:15 a.m. Hit and run —3700 block of Memorial Drive.
10:25 a.m. Traffic accident report —400 block of South Illinois Street.
10:47 a.m. Hit and run —7200 block of West Main Street.
11:05 a.m. Sex offender, failure to register —100 block of South Illinois Street.
11:07 a.m. Other trouble —3900 block of Memorial Drive.
11:38 a.m. Child abuse — 400 block of North 4th Street.
11:38 a.m. Retail theft —2500 block of Green Mount Commons Drive.
11:52 a.m. Burglary from a motor vehicle —North Michigan Avenue.
12:28 p.m. Battery —2100 block of Scheel Street.
2:14 p.m. Traffic accident report —1500 block of Frank Scott Parkway West.
3:06 p.m. Hit and run — 400 block of North 5th Street.
3:54 p.m. Traffic accident report —2400 block of Amann Drive.
4:07 p.m. False call, unclassified —First block of Pheasantwood Drive.
4:52 p.m. Residential burglary —First block of Pheasantwood Drive.
5:14 p.m. Criminal damage to a vehicle — 500 block of North 38th Street.
6:06 p.m. Traffic accident report —3700 block of Memorial Drive.
6:32 p.m. Fleeing, attempting to elude the police —West State Roue 15 at South 11th Street.
6:47 p.m. Barking dogs —First block of Gettysburg Road.
7:49 p.m. Traffic accident report —Frank Scott Parkway West at Carrington Way.
7:58 p.m. Traffic accident report —200 block of East Main Street.
8:16 p.m. Theft $500 and under — 600 block of East Garfield Street.
8:21 p.m. Subject removal —200 block of Freedom Drive.
9:43 p.m. Subject removal —600 block of East Garfield Street.
10:29 p.m. Check the well being — 600 block of East Garfield Street.
FRIDAY, FEB. 5
1:30 p.m. Burglary —200 block of South Belt East.
9:43 a.m. Housing complaint — 200 block of Freedom Drive.
9:51 a.m. Residential burglary — 700 block of Royal Heights Road.
9:55 a.m. Housing complaint —200 block of Freedom Drive.
10:58 a.m. Burglary —First block of Royal Heights Center.
12:08 p.m. Theft of lost or mislaid property —4500 block of West Main Street.
12:29 p.m. Traffic accident report — 200 block of South Illinois Street.
12:34 p.m. Aggravated assault — 300 block of North Illinois Street.
12:57 p.m. Hit and run —4800 block of West Main Street.
1:18 p.m. Disorderly conduct —200 block of East Lincoln Street.
2:01 p.m. Traffic accident, information exchange —North Belt West at West Main Street.
3:34 p.m Criminal damage to property —600 block of Royal Heights Road.
3:34 p.m. Unlawful use of credit/debit card —2800 block of Brookmeadow Drive.
4:51 p.m. Theft over $500 —1000 West E Street.
4:55 p.m. Identity theft —100 block of North Indiana Avenue.
5:06 p.m. Suspicious person —First block orf Carlyle Plaza Drive.
5:59 p.m. Traffic accident report —North Green Mount Road at Carlyle Avenue.
7:38 p.m. Domestic battery —100 block of South 19th Street.
7:45 p.m. Traffic accident report —West Washington Street at South Illinois Street.
8:02 p.m. Domestic incident —4500 block of West Washington Street.
8:49 p.m. Disturbance —1600 block of Shadow Ridge Court.
10:44 p.m. Traffic accident report —3800 block of North Belt West.
11:20 p.m. Criminal damage to property —600 block of Bristow Street.
SATURDAY, FEB. 6
1:29 a.m. In state warrant —7800 block of West Main Street.
2:51 a.m. Driving under the influence of alcohol —8900 block of West State Route 161.
3:54 a.m. Hit and run — 400 block of South Belt East.
3:57 a.m. Driving under the influence of alcohol —North Green Mount Road at Carlyle Avenue.
5:32 a.m. Attempted burglary —600 block of Fulton Street.
9:04 a.m. Domestic incident —1700 block of Mascoutah Avenue.
9:16 a.m. Disturbance —200 block of Wabash Avenue.
9:31 a.m. Informational —600 block of Carlyle Avenue.
9:39 a.m. Criminal damage to property —1700 block of Mascoutah Avenue.
11:20 a.m. Informational —700 block of North 17th Street.
11:37 a.m. Hit and run —3600 block of North Belt West.
122:52 p.m. Burglary —2500 block of Carlyle Avenue.
3:30 p.m. Traffic accident report —2600 block of Green Mount Commons Drive.
4:44 p.m. Domestic incident —300 block of Gettysburg Road.
4:48 p.m. Theft $500 and under —200 block of South Illinois Street.
4:49 p.m. Theft of lost or mislaid property —400 block of Sherman Street.
5:10 p.m. Assist ambulance —2900 block of West Main Street.
5:31 p.m. Disturbance — 700 block of St. Clair Avenue.
5:59 p.m. Juvenile problems —First block of Garnette Drive.
6:47 p.m. Criminal damage to property —South xxth Street and South Belt West.
9:17 p.m. Criminal trespass to residence —5800 block of Brett Michael Lane.
9:35 p.m. Criminal damage to property —1800 block of Galway Drive.
10:04 p.m. Criminal damage to property —7400 block of Claymont Court.
11:55 p.m. Criminal damage to property —First block of Hillside Lane.
SUNDAY, FEB. 7
12:06 a.m. Aggravated domestic battery —500 block of South Charles Street.
12:52 a.m. Domestic incident —3900 block of Memorial Drive.
1:53 a.m. Disturbance —500 block of Court Street.
9:41 a.m. Motor vehicle theft —200 block of North 72nd Street.
11:39 a.m. Battery —700 block of South Belt West.
12:43 p.m. Burglary —2600 block of Carlyle Avenue.
12:57 p.m. Retail theft —2600 block of Green Mount Commons Drive.
1:41 p.m. Burglary —2600 block of Carlyle Avenue
3:10 p.m. Battery —5800 block of Brett Michael Lane.
3:25 p.m. Domestic incident —4000 block of Betty Drive.
8:03 p.m. Disturbance —100 block of Lauren Circle.
9:14 p.m. Residential burglary —First block of North 14th Street.
10:36 p.m. Missing person, juvenile female —First block of Charlotte Court.
Flight crew treats 99-year-old like a celebrity
Local Arrests
Former Belleville city clerk candidate pleads guilty to perjury
By Mike Koziatek
A former Belleville city clerk candidate accused of improperly signing candidate petition forms has pleaded guilty to perjury.
MORE LOCAL ARRESTS
Belleville woman beaten by three men who stole her car, son says
Man robs Family Dollar in Belleville
Man pleads guilty to stealing $3.6K from Belleville Township
Crime Blotter July 20


Plaintiffs, by their attorneys, submit this memorandum of law in opposition to Defendant Warren Anderson's ("Anderson") motion to dismiss the amended complaint, deny class certification and/or for summary judgment. In response to Defendant's motion, Plaintiffs hereby incorporate by reference all of the legal arguments and evidentiary material in support thereof contained in Plaintiffs' memorandum of law in opposition to Union Carbide's motion to dismiss, deny class certification and/or for summary judgment. Defendant essentially adopts, in their entirety, the contentions and rationales advanced by Union Carbide in its motion to dismiss, deny class certification and/or for summary judgment, with one exception. That exception is the unfounded contention that "plaintiffs have not stated any claims against Anderson." Def. Mem. at 1. As demonstrated herein, however, Plaintiffs have clearly asserted all of the claims in the Amended Class Action Complaint ("Am. Cmpt.") against both Anderson and Union Carbide. Further, Anderson is liable under the Alien Tort Claims Act ("ATCA"), 28 U.S.C. § 1350, for violations of international law based on his personal role as the decision- maker that ratified Union Carbide's unlawful conduct and is also responsible for formulating the policies and decisions which led to the contamination of soil and water in and around the Union Carbide India Limited ("UCIL") plant.
Built into the safety system are a whole series of capabilities that can take care of whatever inadvertent action or co-mission has taken place so you're not all dependent on just one item to either make it safe or make it unsafe.
Pursuant to Union Carbide's internal procedures and corporate structure, Defendant Anderson exercised managerial control and supervision over the operations of UCIL through a single executive intermediary. This is confirmed by the fact that the Bhopal plant was directly under the managerial control and supervision of the Director of Union Carbide's Agricultural Products Corporation ("UCAPC") who, in turn, was an Executive Vice-President of Union Carbide, the parent corporation, and answered directly to Defendant Warren Anderson. Thus, Union Carbide's own corporate structure, and the rather short 'chain of command' within that structure, confirms Anderson's personal authority and involvement in the management and control of UCIL's operations. Am. Cmpt. ¶ 72. Indeed, Union Carbide had been alerted to the need for an emergency evacuation plan at UCIL as early as 1979 through a safety audit's recommendations, but – despite numerous leaks in Bhopal affecting the nearby neighborhoods of which Anderson would have been aware due to internal policy and procedure – chose not to act on that recommendation for another 5 years. See, Affidavit of Rajkumar Keswani ("Keswani Aff.") ¶¶ 4, 5(c), 8, 11.
"Yes," responded Anderson. "We had operated it safely for seven years. It never entered my mind that such a thing could happen."
Suppose we were a 40 percent owned company or 35 percent owned company, raises some inquiries on our part, do we want to participate around the world where you have less than absolute control?
I am telling you if I knew personally of any location in the corporate world of Union Carbide that had an unsafe operation it would be shut down.
Plaintiffs have alleged that Union Carbide's own internal policies required the parent corporation to set standards in terms of safety and emergency-preparedness. Am. Cmpt. ¶¶ 69, 70, 71. The affidavit of Rajkumar Keswani ("Keswani Aff.") further points to specific instances of Union Carbide's detailed micro-management of the operations of UCIL during, for example August of 1984, the time period immediately preceding the catastrophe. Keswani Aff. ¶ 5 (a), (b), (c). As both Chairman of the Board and Chief Executive Officer, Anderson was directly involved, approved and ratified the double standards in design, safety and operations by which Union Carbide imposed at UCIL inferior and inherently dangerous conditions than it chose to establish at its Institute facility. Am. Cmpt. ¶¶ 81, 82.
Somebody has to say that our safety standards in the US are identical to that in India or in Brazil or some place else. And that what they do here we have been doing for years: same equipment, same design, same everything.
Even a Union Carbide pesticide plant in France stores methyl isocyanate in many small cylinders, rather than the huge tanks used in Bhopal.
''Although your letter to me stresses that your investigation is still incomplete, and that reports about the cause of the tragedy are only speculation, I understand that last week you told a group of Union Carbide employees that a tragedy such as the one that happened in Bhopal was 'inconceivable' at Institute,'' Waxman wrote.
''How can the Bhopal tragedy be 'inconceivable' at Institute when you don't know how the Bhopal tragedy even occurred?'' he asked.
''We can say at this point that the necessary engineering control measures have been identified to ensure that the possibility of a catastrophic release of MIC from an uncontrolled reaction is extremely remote,'' said Jane Matheson, the deputy assistant labor secretary who runs OSHA.
She noted that an inspection by OSHA investigators after the Bhopal accident found backup safety systems designed to prevent a serious accident with methyl isocyanate.
Union Carbide said it had not installed a computerised safety system at its plant in India despite using it at a sister plant in the United States. Mr. Jackson Browning, Union Carbide's corporate director of health, safety and environmental affairs, said a computerised early-warning system was available that would have detected a pressure build-up which led to the leak of poison gas at the Indian plant.
Ironically, the company was also trying to dispose of its India operations. "We were looking to see if other manufacturers could utilize or take over our facilities, but we hadn't gotten very far down that road," the chairman says.
Mr. ANDERSON: No, we have no reason to believe that anybody lied to us.
In this way, as more information and facts became available about the catastrophe, the onus of responsibility shifted over time from an allegedly fortuitous combination of circumstances to UCIL's Indian management to a Sikh terrorist group and, ultimately, to an unidentified "disgruntled employee" which Defendants have to date declined to name.
Thus, based on the foregoing, Defendant Anderson controlled and participated in Union Carbide's actions and omissions that culminated in the Bhopal Disaster. In fact, Plaintiffs have alleged and will demonstrate that, as Chief Executive Officer and Chairman, Anderson specifically directed, sanctioned and actively participated in all of the crucial corporate decisions and policies which were responsible for causing the catastrophe in Bhopal and was also the chief architect and proponent of Union Carbide's scheme of disinformation that sought, by disguising its complete control of UCIL, to evade culpability for causing the Bhopal Disaster.
Defendant Anderson's reliance on the principal that a mere "official relationship" with a corporate tortfeasor is insufficient to establish the tort liability of an officer is unavailing because it simply ignores Plaintiffs' substantive allegations. As the Second Circuit recognizes, "it has long been established, . . . , that a corporate officer who commits or participates in a tort, even if it is in the course of his duties on behalf of the corporation, may be held individually liable . . . ." Lopresti v. Terwilliger, 126 F.3d 34, 42 (2d Cir. 1997).
New York courts have held that a corporate officer who controls corporate conduct and thus is an active individual participant in that conduct is liable for the torts of the corporation. See State v. Ole Olsen, Ltd., 35 N.Y.2d 979, 324 N.E.2d 886, 365 N.Y.S.2d 528 (1975); LaLumia v. Schwartz, 23 A.D.2d 668, 669, 257 N.Y.S.2d 348, 350 (1965). We need not address whether he is liable merely as an officer of [the corporate defendant], for it is beyond dispute that [the individual defendant] specifically directs, sanctions, and actively participates in [the corporate defendant's] maintenance of the nuisance. See also Escude Cruz v. Ortho Pharmaceutical Corp., 619 F.2d 902, 907 (1st Cir. 1980) (citing federal cases pronouncing this rule of liability for corporate officers).
This general rule is particularly appropriate in the public nuisance context where "'everyone who . . . participates in the . . . maintenance . . . of a nuisance are liable jointly and severally.'" Schenectady Chemicals, 117 Misc. 2d at 966, 459 N.Y.S.2d at 976 (quoting 17 Carmody-Wait 2d Actions for Waste, Nuisance and Trespass @ 107:59, at 334 (1979); accord Caso v. District Council 37, American Federation of State, County & Municipal Employees, 43 A.D.2d 159, 163, 350 N.Y.S.2d 173, 178 (1973).
759 F.2d at 1052-53. Further, Plaintiffs' claims based on violations of customary international law arise from and relate to Union Carbide's unresolved criminal liability, and, as demonstrated herein, Anderson also shares Union Carbide's criminal responsibility for perpetrating the Bhopal Disaster.
Plaintiffs' allegations are adequate to establish a claim against Anderson under the ATCA for the underlying criminal conduct of Union Carbide and Anderson. The conduct by Anderson that underlies Plaintiffs' ATCA claims bears striking similarity to conduct that has been previously found in U.S. courts to constitute an outright criminal offence, such as involuntary manslaughter and negligent homicide, in addition to intentional tort.
An intentional tort is not . . . limited to consequences which are desired. If the actor knows that the consequences are certain, or substantially certain, to result from his act and still goes ahead, he is treated by the law as if he had in fact desired to produce the result. It does not matter whether the employer wishes the injury would not occur or does not care whether it occurs. If the injury is substantially certain to occur as a consequence of actions the employer intended, the employer is deemed to have intended the injuries as well.
Film Recovery Systems went into the business of recovering silver from film negatives. This was done by placing the negatives into vats of cyanide. Hydrogen cyanide gas would bubble up from the vats and there was inadequate ventilation. The employer knew about the dangers. The labels on the chemicals being used contained adequate warnings; as a result, the employer hired only employees who could not speak or read English. The workers complained about the fumes daily. In 1981, an inspector had warned that the operation had outgrown the plant. The employer's response was to move the executive offices while tripling the size of the operations. Eventually one worker died and several others were seriously injured because of hydrogen cyanide poisoning. The corporate officers were convicted of involuntary manslaughter.
The grand jury charged [five] defendants with murder, stating that, as individuals and as officers and high managerial agents of Film Recovery, they had, on February 10, 1983, knowingly created a strong probability of Golab's death. Generally, the indictment stated the individual defendants failed to disclose to Golab that he was working with substances containing cyanide and failed to advise him about, train him to anticipate, and provide adequate equipment to protect him from attendant dangers involved. The grand jury charged Film Recovery . . . with involuntary manslaughter stating that, through the reckless acts of their officers, directors, agents, and others, all acting within the scope of their employment, the corporate entities had, on February 10, 1983, unintentionally killed Golab.
The trial judge found that "the mind and mental state of a corporation is the mind and mental state of the directors, officers and high managerial personnel because they act on behalf of the corporation for both the benefit of the corporation and for themselves." Further, "if the corporation's officers, directors and high managerial personnel act within the scope of their corporate responsibilities and employment for their benefit and for the benefit of the profits of the corporation, the corporation must be held liable for what occurred in the work place."
194 Ill. App. 3d at 83; 550 N.E.2d 1090 at 93.
The parallels to the Bhopal Disaster are striking. Both tragedies were caused by a series of actions taken by management within the purview of their corporate responsibilities, purportedly advancing their corporate goals. Both tragedies involved deliberate corporate actions taken despite accurate and credible warnings of imminent danger. See, Keswani Aff. ¶¶ 2, 5(a), 6, 8, 10, 11. Both tragedies were caused by a gross disproportionality between each plant's production capacity and the safety systems implemented, where the plant design and policies led to production and storage capacities that far exceeded the stated safety limits which were only adequate for much smaller volumes of hazardous substances. Both tragedies were worsened by management's systematic failures to inform the victims of the hazardous conditions to which they were exposed, and their failures to train the potential victims as to how to respond to and protect themselves from the dangers posed by the plant conditions.
As demonstrated herein, however, the transboundary nature, sustained level of deliberate indifference to an extremely grave risk and mass scale of the Bhopal catastrophe clearly give it the large dimension of an international law violation. Even if a finding of criminal liability for corporate and executive actions and omissions should be invoked in only the most extreme of circumstances, the Bhopal Disaster would still qualify as few other industrial tragedies possibly could.
Defendant's contention that all of Plaintiffs' claims against him are precluded by virtue of Union Carbide's settlement with the Government of India, Def. Mem. at 2, are unavailing for precisely the same reasons as they were for Union Carbide. See, Affidavit of Professor Iqbal Ishar ("Ishar Affidavit"). Plaintiffs and Justice Bhagwati have demonstrated that, under Indian law, Plaintiffs' claims for violations of international law are plainly outside the scope of the settlement and, furthermore, that Defendants have breached the very settlement upon which they now purport to rely. Ishar Aff. ¶ 2. Finally, all of Plaintiffs' common law claims for contamination of the soil and factory around the plant in India did not arise from the Bhopal Disaster and, therefore, cannot be and were never subsumed within that settlement.
Therefore, in cases where such suits or proceedings have been instituted before the commencement of the Act in any Court or before any authority outside India, the section by its own force will not come into force in substituting the Central Government in place of the victims [or] their heirs and legal representatives, but the Central Government has been given the right to act in place of, or along with, such claimant, provided such Court or other authority so permits. It is to have adherence and conformity with the procedure of the countries or places outside India, where suits or proceedings are to be instituted or have been instituted.
Charan Lal Sahu v. Union of India et al., 1990 AIR (S.C.) 1480, 1504 (emphasis added).
The Alien Tort Claims Act permits aliens to sue for torts committed in violation of the laws of nations, (i.e. customary international law). 28 U.S.C. § 1350. Customary international law results from a consistent state practice followed from a sense of legal obligation or opinio juris. Restatement (Third) of Foreign Relations Law of the United States, ("Restatement"), §102(2). A "broad reading of the Alien Tort Act [is] settled as the law of this Circuit." Kadic v. Karadzic, 74 F.3d 377, 378 (2d Cir. 1996). Thus, where as here an alien sues for a violation of "well-established, universally recognized norms of international law," that claim is actionable. Kadic v. Karadzic, 70 F.3d 232, 239 (2d Cir. 1995). As the attached affidavits of Plaintiffs experts' on customary international law demonstrate, Plaintiffs have in fact stated a claim for violations of customary international law actionable under the ATCA. See, Affidavits of Prof. Naomi Roht-Arriaza ("Roht-Arriaza Aff.") and Prof. Chaloka Beyani ("Beyani Aff.") and Supplemental Affidavit of Jon M. Van Dyke ("Supp. Van Dyke Aff.").
[a]ny manslaughter or act which can bring about death, committed in peace-time as well as in war-time, against individuals or groups of individuals, because of their race, nationality, religion or opinions, constitutes a crime against humanity.
Flick, 14 Int'l. L. Rep. at 267. This holding not only reflects customary international law as it existed at the time, but also as it exists today. Prosecutor v. Dusko Tadic, 36 I.L.M. 908, 958 ¶¶ 703-07 (1997)(widespread manslaughter with racial discrimination is a crime against humanity); see also ILC Draft Code of Crimes Against the Peace and Security of Mankind, Art. 18, Comm. 11 (1996)(crime includes discrimination that denies fundamental rights). Anderson and UCC's deliberate, racially discriminatory disregard for the lives of the people of Bhopal proximately and foreseeably caused thousands of deaths. Am. Cmpt. ¶¶ 50-51. It was a crime against humanity.
Defendants err in suggesting that an entity must exercise control over territory to commit crimes against humanity. UCC Mem. at 17, n. 6. In Tadic, the Yugoslav Tribunal held that crimes against humanity can be committed by "any organization or group" and "do not even have to be directed or instigated by a group in permanent control of territory." 36 I.L.M. at 945. Moreover, the fact that Defendants' acts occurred within the context of commercial activities is irrelevant. Crimes against humanity can be committed for purely personal motives. Tadic, 38 I.L.M. at 1568, ¶¶248, 270.
Overwhelming state practice compels the conclusion that Plaintiffs' environmental rights claim is based upon a universal, obligatory and definable customary international human rights norm. Pl. UCC Mem. at 21-26. That norm is narrow, but clearly defined to prohibit taking actions that may be expected to cause long-term, widespread and severe environmental damage that prejudices the health or survival of a population, Kiss/Shelton Aff. ¶ 2; Roht-Arriaza Aff. ¶ 9, or that deprive a people of its means of subsistence. International Covenant on Civil and Political Rights, Art. 1. Such harms are prohibited if they are of purely intrastate origin, Kiss/Shelton Aff. ¶¶ 1, 26-47; Roht-Arriaza Aff. ¶ 9, and customary law further prohibits activities planned or undertaken in a state that cause massive environmental harms in another. Kiss/Shelton Aff. ¶¶ 8-10; Roht-Arriaza Aff. ¶ 9. Moreover, such harms are prohibited irrespective of whether the perpetrator is a state actor, Kiss/Shelton Aff. ¶ 3, 7, 14-25, 45-47; Roht-Arriaza Aff. ¶ 9, although in this case Plaintiffs have adequately alleged that Defendants are state actors. Opp. Mem. at 26-29; Roht-Arriaza Aff. ¶ 1, 2; Supp. Van Dyke Aff. ¶¶19-20, 23.
Numerous types of state practice demonstrate the existence of this customary norm. For example, the world's nations have repeatedly, universally recognized that individuals have a right to an environment adequate for survival. This occurred first in 1972, when 114 states, including the U.S., adopted the Stockholm Declaration. Kiss/Shelton Aff. ¶¶ 26, 34. Such recognition was re-affirmed by over 178 nations, including the U.S., in the Rio Declaration, by consensus in the U.N. General Assembly (G.A. Res. 45/94), by the UN Human Rights Committee and in a number of international and regional agreements. Kiss/Shelton Aff. ¶¶ 21, 26, 35-38 and n.7.
Longstanding customary international law also reflects a consistent state practice of recognizing obligatory protections of the rights to life, personal security and health. Kiss/Shelton Aff. ¶¶ 1, 28-33, 43. These rights are universally understood to protect individuals from severe environmental degradation. Id. at ¶¶ 1, 26-28, 43. Indeed, the Inter-American Commission on Human Rights, the U.N. Human Rights Committee, the European Court of Human Rights and the African Commission on Human and Peoples' Rights have all expressly concluded that environmental degradation can violate these obligatory international human rights norms. Id. at ¶¶ 29-33, 43. The existence of customary international rights to life, personal security and health that can be violated through acts causing severe environmental harm further demonstrates that Plaintiffs have alleged a violation of a universal and obligatory norm.
The corpus of international environmental law constitutes voluminous additional state practice supporting Plaintiffs' claims. That body of law encompasses a multitude of treaties that are substantially concerned with protecting the human rights to life and health from violation through environmental damage. Kiss/Shelton Aff. ¶¶26, 27. Indeed, such concern is often made explicit in international environmental law instruments. Kiss/Shelton Aff. ¶¶ 7, 31 and n.6; Human Rights and the Environment: Final Report by Mrs. Fatma Zohra Ksentini, Special Rapporteur, U.N. ESCOR, Hum.Rts.Comm., U.N.Doc.E/ CN.4/ Sub.2/1994/9 (1994)("Ksentini Report") ¶183 and n. 99. States' consistent practice of assuming international obligations to protect the environment, within and across borders and from both state and non-state action, provides further evidence that the right to be free from massive, life threatening environmental harm is universally recognized and obligatory. Opp. Mem. at 22; Kiss/Shelton Aff. ¶¶ 3, 4-7, 14-25, 40-42, 45-47.
Consistent state practice with respect to the laws of war further demonstrates that the right to be free from massive, life-threatening environmental damage is obligatory. Over 145 states are parties to the Protocol Additional (I) to the Geneva Conventions of 1949, which forbids acts that may be expected to cause such damage. Art. 55(1), 16 I.L.M. 1391 (1977). The U.N. General Assembly and the Security Council have also recognized that international law limits wartime environmental destruction. Kiss/Shelton Aff. ¶ 12. Wartime protections are international minimum standards. Id. Accordingly, states' widespread recognition that they are obligated not to cause massive, life-threatening environmental damage during war demonstrates that this norm is afforded a high place in customary international law and a fortiori applies in peacetime. Id.
State domestic practice is also uniform in protecting the right to be free from severe environmental harm. Virtually all, if not all, nations have legal provisions safeguarding their citizens from at least some types of environmental harm, and at least ninety-nine states have enshrined such provisions in their constitutions. Kiss/Shelton Aff ¶ 40. Moreover, numerous domestic courts have found environmental damage infringes upon basic human rights. Kiss/Shelton Aff ¶ 39; Supp. Van Dyke Aff. ¶11. These laws and decisions do not reflect purely domestic concerns. States have repeatedly accepted international obligations to enact laws protecting their own environment and providing means of redress to victims of environmental degradation. Pl. Opp. at 23, and n.30; Kiss/Shelton Aff. ¶¶5, 6, 41-42 and nn. 8-9.
States thus have consistently recognized legal obligations prohibiting them and their citizens from destroying the environment, and a corresponding customary international law right to be free from massive, life threatening environmental damage. Kiss/Shelton Aff. ¶ 4, 39-42. Leading expert opinion confirms that customary law recognizes this right. Kiss/Shelton Aff. ¶¶ 27, 36. For example, the U.N. Special Rapporteur on Human Rights and the Environment exhaustively studied the relevant international law and state practice, and concluded that under customary international law, "[a]ll persons have the right to a secure, healthy and ecologically sound environment." Ksentini Report. at 75, Annex 1 princ.2; Kiss/Shelton Aff. ¶ 36. Similarly, in the context of determining which state acts constitute international crimes, the U.N.'s International Law Commission concluded over 20 years ago that state practice demonstrates that gravely endangering the human environment violates "particularly essential rules of general international law" and is such a crime. Report of the ILC on the work of its 28th Sess. Chapter III, ¶¶ 33, 34, 67, Y.B. of the I.L.C., 1976 vol. II, Part Two 109, 120-21 (1976)(commenting on I.L.C. Draft Code of State responsibility, Art. 19(3)(d)).
Plaintiffs have also demonstrated that the norm is definable. As noted above, rights applicable in war can usually be considered the minimum safeguards international law provides. Kiss/Shelton Aff. ¶ 11, 12. Even during war, international law bans acts that "may be expected to cause [widespread, long-term and severe damage] to the natural environment and thereby to prejudice the health or survival of the population." Protocol Additional (I) to the Geneva Conventions of 1949, art. 55(1) 16 I.L.M. 1391 (1977). Given that it is universally recognized that international law prohibits actions that may be expected to cause these same types of harms in peacetime, jurisdiction for violations of this standard lies under the ATCA. Kiss/Shelton Aff. ¶2, 12; Roht-Arriaza Aff. ¶ 9. Article 1 of both the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights also provides a specific definition of conduct that is universally agreed to violate international law. Each states that "[i]n no case may a people be deprived of its own means of subsistence."
Defendants do not cite and Plaintiffs are unaware of any State that claims the legal right to take actions or to allow private parties to take actions that may be expected to cause long-term, widespread and severe environmental harm that prejudices the survival of a population or to deprive a people of their means of subsistence. The absence of such claims further supports the conclusion that these norms are universally considered obligatory. Filartiga, 630 F.2d at 884.
Defendants are thus simply wrong when they assert that the international community has yet to articulate discernible standards for adjudicating international environmental torts. UCC Mem. at 20. Beanal v. Freeport-McMoRan, 197 F.3d 161, 167 (5th Cir. 1999) is inapposite here. The Beanal court held only that a limited number of specific sources, namely an international environmental law textbook and the Rio Declaration, are devoid of discernible standards. Id. The Beanal decision contains no analysis of the sources Plaintiffs cite that demonstrate that international law does in fact contain discernible standards. Id. Indeed, it does not analyze any of the voluminous evidence of state practice cited by Plaintiffs, except the Rio Declaration. Id. Beanal provides no basis to dismiss Plaintiffs' claims.
Plaintiffs' claims are also actionable because Defendants' tortious policies were planned and initiated in this forum. Am. Comp. ¶¶ 75, 77, 79-80, 83-95, 90; Keswani Aff. ¶ 5. Thus, Defendants violated the universally recognized prohibition on causing transboundary harms. Kiss/Shelton Aff. ¶¶ 8-10; Roht-Arriaza Aff. ¶ 9; see also Aguinda v. Texaco, 1994 U.S. Dist. LEXIS 4718 * 24-25 (S.D.N.Y. April 11, 1994)(recognizing ATCA claim may lie for severe environmental damage resulting from undertaking initiated in the U.S.); Restatement, Part VI, Introductory Note (where activities conducted in one state cause significant environmental effects in another, those harms are "transfrontier"). As the I.C.J. has held, "the general obligation of States to ensure that activities within their jurisdiction and control respect the environment of other States. . . is now part of the corpus of international law." Gabcikovo-Nagymaros Project (Hungary-Slovakia), Judgment of 25 September 1997, ¶ 53. Private parties as well as states violate international law when they cause significant inter-state harms. Kiss/Shelton Aff. ¶¶ 3, 7, 8, 15-18, 20, 22-25. A victim of transboundary harms has a customary right to access to remedies in the state of the responsible party on an equal footing with in-state residents, Restatement, § 602(2); Ksentini Report, ¶ 25; Kiss/Shelton Aff. ¶ 22 and n. 9, even where the responsible party is a private corporation. Restatement, § 601, comment d. Indeed, U.S. courts have contributed to the state practice of hearing transboundary environmental cases against private parties. Thus, the fact that the torts at issue were initiated in the U.S. further demonstrates that Defendants violated international law.
In sum, state actors or private parties violate definable customary norms when they take actions that may be expected to cause the kind of environmental devastation Defendants inflicted upon Bhopal. This is particularly clear when those harms are transboundary. Thus, Plaintiffs have alleged torts "committed in violation of the laws of nations" for which the ATCA provides both jurisdiction and a remedy. Kadic, 70 F.3d at 239, 246.
The prohibitions on long-term, widespread, and severe harm that prejudices the health or survival of the population or harms that deprive a people of its means of subsistence are of very limited applicability. Moreover, in analyzing an ATCA claim, courts only consider whether the specific conduct alleged is prohibited. Xuncax v. Gramajo, 886 F. Supp. 162, 187 (D.Mass. 1995); Forti v. Suarez-Mason, 694 F. Supp. 707, 709 (N.D.Cal. 1988). Here, the deliberate indifference of defendants killed thousands of people, and maimed of hundreds of thousands more. The torts also crossed boundaries, originating in the United States. Such conduct clearly violates international law. Plaintiffs are aware of no other man-made, peacetime environmental disaster causing analogous harm, with the possible exception of the Chernobyl nuclear release.
As detailed above, a variety of sources establish that extensive state practice has created the customary environmental human rights norm upon which Plaintiffs rely. These sources include international and regional treaties, widely accepted declarations and U.N. resolutions, decisions of the International Court of Justice, opinions of the U.N. Human Rights Committee and of regional human rights bodies such as the European Court of Human Rights and the Inter-American Commission on Human Rights, states' universal domestic practice, and the conclusions of leading experts such as the U.N. Special Rapporteur on Human Rights and the Environment and the International Law Commission. As the attached Declaration of International Law Experts on the Sources of Customary International Law ("Experts Decl.") and Wilson Affidavit make clear, all of these sources constitute state practice, or evidence of such practice, demonstrating the existence of a customary international norm. Indeed, they have repeatedly been held to be such by the Second Circuit and numerous other courts, as Plaintiffs' experts detail. Experts Decl.; Wilson Aff.; see e.g. Kadic, 70 F.3d at 240-43; Filartiga, 630 F.2d at 880, 882-84.
Defendants suggest that Plaintiffs' environmental rights claims would, in some unspecified manner, interfere with India's environmental policies. UCC Mem. at 20-21. Indian policy, however, favors liability. The Indian Supreme Court has expressly held that the "right to life. . . includes the right of enjoyment of pollution-free water and air." Subhash Kumar v. State of Bihar, 1991 A.I.R. 420. India has also explicitly stated its view that international liability for transboundary harm lies with the operator controlling the activity. See Kiss/Shelton Aff. ¶ 24. Moreover, the indictment of the Defendants demonstrates that India considers their actions to be criminal. Plaintiffs' claims would vindicate India's policy of requiring perpetrators of crimes to compensate their victims. Opp. Mem. at 6. This Court should reject Defendants' cynical plea for deference to Indian law when they have themselves flouted that law by absconding.
Defendants' vague reference to Indian policy is also unavailing because Plaintiffs' right to be free from massive, life threatening pollution is a norm of customary international human rights law. Kiss/Shelton Aff. ¶¶ 11, 26-43. International human rights norms limit states' sovereignty. Filartiga, 630 F.2d at 885 (international law confers fundamental rights on all people vis-a-vis their governments); W. Michael Reisman, Sovereignty and Human Rights in Contemporary International Law, 84 A.J.I.L. 866, 869 (1990)("no serious scholar still supports the contention that internal human rights are 'essentially within the domestic jurisdiction of any state' and hence insulated from international law.") In particular, international human rights bodies have explicitly recognized that human rights norms limit a state's freedom to permit environmental degradation. Defendants cannot absolve their liability by appealing to India's environmental policies.
Defendants' reliance on Beanal and Aguinda in this regard is misplaced. UCC Mem. at 20-21. Beanal looked only to sources of "international environmental law," and thus did not purport to apply international human rights norms. 197 F.3d at 167. Moreover, Plaintiffs' claims are not based on U.S. environmental standards, so this Court need not be concerned that such standards would "displace environmental policies of other governments" Id. Aguinda is equally unavailing. The Court specifically distinguished cases in which conduct occurs "exclusively in a foreign country" from cases like Aguinda and the case at bar, in which "steps in the United States were an integral part of the events at issue." 1994 U.S. Dist. LEXIS 4718 *24-25. Accordingly, (and contrary to Defendants' assertion), the Court refused to dismiss the case. Id. at *25.
The right to not be arbitrarily deprived of life is a universal and obligatory norm of customary international law. Roht-Arriaza Aff. ¶ 3; Supp. Van Dyke Aff. ¶¶ 6, 7. As noted above, Plaintiffs have adequately alleged that Defendants are state actors. Accordingly, if the right to life has a state action requirement, it would not preclude Plaintiffs' claims.
The right to life is universally understood to prohibit killing through deliberate indifference or gross recklessness. Roht-Arriaza Aff. ¶ 4, 5; Supp. Van Dyke Aff. ¶¶ 8; E.g. Valesquez Rodriguez Case, Inter-Am. Ct. H.R. (July 29, 1988), 28 I.L.M. 291, 324, ¶166 (1989)(American Convention requires states "ensure" full exercise of protected rights including life.) McCann and Others v. U.K., 21 EHRR 97 (1996)(European Court of Human Rights holding that the right to life "extends to, but is not concerned exclusively with, intentional killing.") Thus, Plaintiffs need not demonstrate that Defendants' acted with a mens rea of purpose to state a right to life claim. Roht-Arriaza Aff. ¶ 5.
This is particularly clear in the context of environmental harms. Roht-Arriaza Aff. ¶ 6; Supp. Van Dyke Aff. ¶¶ 9-13; see also Kiss/Shelton Aff. ¶¶ 28, 29. For example, the 171 states attending the World Conference on Human Rights recognized that illicit dumping of toxic waste may seriously threaten the right to life. The U.N. Human Rights Committee concluded that a petitioner alleging life-threatening dumping of nuclear waste stated a prima facie right to life case under the Covenant on Civil and Political Rights. The Inter-American Commission on Human Rights has twice found violations of the right where resource exploitation threatened life or caused deaths. Ecuador Report at 92; Yanomami Case, Case No. 7615 (Brazil), Res. 12/85, reprinted in 1985 Inter-Am. Y.B. on Human Rights 264. (March 5, 1985). Indeed, member states of the Council of Europe have even agreed to impose criminal sanctions on polluters who negligently cause death. Convention on the Protection of the Environment Through Criminal Law, Art. 3, 38 I.L.M. 259 (1999).
Where conduct prohibited by an international norm is also banned by U.S. law, our law contributes to the consensus that the conduct is universally proscribed. Xuncax v. Gramajo, 886 F. Supp. 162, 187 (D. Mass. 1995). Under the Due Process Clause, where a state actor's "extended opportunities to do better are teamed with protracted failure even to care, indifference is truly shocking" and is thus actionable. County of Sacramento v. Lewis, 523 U.S. 833, 853 (1998). U.S. law therefore contributes to the consensus that killing through extreme, protracted indifference to human life is arbitrary killing in violation of the right to life.
In cases under the ATCA, courts need only consider whether the specific conduct alleged is prohibited. Xuncax, 886 F. Supp. at 187; Forti, 694 F. Supp. at 709. Here, Plaintiffs have alleged that Defendants caused massive transboundary harm, with recklessness and deliberate indifference, that resulted in serious and widespread breaches of the rights to life and personal security of the Plaintiffs and members of the Class. Defendants' conduct clearly violates customary international law. Roht-Arriaza Aff. ¶ 7, 8; Supp. Van Dyke Aff. ¶16, 18, 21, 23; Opp. Mem. at 29-30. Accordingly, Plaintiffs have stated an actionable ATCA claim.
The International Law Commission, a body authorized by the United Nations to codify customary international law, in its Second Report on International Liability for Injurious Consequences Arising out of Acts Not Prohibited by International Law (Prevention of Transboundary Damage from Hazardous Activities, A/CN.4/501, 5 May 1999), addressed the liabilities of private actors under customary international law for transboundary harms. The Report notes the view of the United States delegation, which concurred in the well-settled international consensus upholding the fundamental principle that "under customary international law, States are generally liable for significant transboundary harm caused by private entities acting on their territory or subject to their jurisdiction or control." Supp. Van Dyke Aff. ¶ 15. Transboundary harm consists of activities in one national jurisdiction that causes adverse impact in another. Supp. Van Dyke Aff. ¶ 15. It is well-settled, therefore, that transboundary harms of the nature alleged by Plaintiffs give rise to liability under customary international law.
it is well recognized" that "the principle of individual responsibility and punishment for crimes under international law recognized at Nuremberg is the cornerstone of international criminal law. This principle which is the enduring legacy of the Nuremberg Charter and Judgment which gives meaning to the prohibition of crimes under international law by ensuring that the individuals who commit such crimes incur responsibility and are liable to punishment.
Prosecutor v. Dusko Tadic, 36 I.L.M. 908, 948 (1997).
Thus, transboundary harm that is serious, and indeed criminal, in character and results in deprivations of the rights to life and personal security, essential to safeguarding the human person, on a widespread scale, there can be no doubt that such conduct constitutes an offense under customary international law actionable under the ATCA. Supp. Van Dyke Aff.
15, 17, 18, 21. However, this Court need not address the liability of purely private actors for violation of this customary norm, since Plaintiffs have adequately alleged that Defendants committed the offense as state actors in India, and, as state actors, their conduct unquestionably violates customary law. Supp. Van Dyke Aff. 21-23.
For all of the foregoing reasons, Defendant Warren Anderson's motion to dismiss, deny class certification and/or for summary judgment should be denied in its entirety.


text:
John Ottman does 'Superman'
By BTL Staff|2018-01-16T02:07:56-05:00July 13th, 2006|Entertainment|
By Jason Victor Serinus
How else can a gay journalist begin a phone conversation with the openly gay composer and editor of "Superman Returns" without addressing the multi-leveled speculation that the "new" Superman is gay? How did the 41-year-old composer/editor feel about the reports that 27-year-old film star Brandon Routh was so well endowed that extra work had to be put into smoothing out the bulge in his costume?
"That's a quintessential example of how the press creates something completely ludicrous," Ottman replied.
"The speculation all came out of an interview that costume designer Louise Mingenbach gave when they were first beginning the movie. She made a joke that the most difficult part of the costume was figuring out what to do with the crotch area. Suddenly the press took off with it, and we read that he was so hung that we had to digitally reduce the size. It's complete bunk. We just laugh at it; it makes no sense at all."
Starting with his crotch, rumor spread that Superman was a gay character. The fact that he wears blue tights and a red cape made from milliskin, a Spandex blend, which display the 6'3″ Routh's ample quadriceps and tapered torso to great advantage, only fueled the fantasy.
"There's no one more straight than this character," Ottman protests. "We're continually puzzled why this keeps coming up. Perhaps it's because my colleague Bryan Singer is known as a gay director. Even Larry King, when he first sat down to interview Bryan, asked if Superman is gay. It's so silly.
"I think every group that is not accepted, including our gay group, wants to embrace Superman as one of their own. That part I understand. But he certainly is not a gay character. I also think that the film employs an allegory to him in a Christian sense will help dissuade any criticism. It's almost a built-in defense."
Ottman is referring to the quote from Superman's father, Jor-El, which the powers behind the film consider so important that they've highlighted it on their Web site.
"Even though you've been raised as a human being," Jor-El tells his son, "you're not one of them. They can be great people – they wish to be – they only lack the light to show the way. For this reason above all – their capacity for good – I have sent them you… my only son."
Were such allusions not enough, a further exchange between Superman and Lois Lane's young son, and scenes where a suffering Superman assumes the pose of crucifixion, suggest that Superman can be viewed through many lenses other than lavender.
Above all, Ottman emphasizes that the movie is a love story.
"It's about a man who feels like an outsider trying to find out how he fits into the world. The love story, not the suspense element with Lex Luther, is what kept me going emotionally as a composer. I sank my teeth into the emotional love triangle that's the main drive of this movie."
Ottman finished the score a mere six weeks before "Superman Returns" debuted in theaters. Before he could even begin composing, he spent nine months editing scenes on location, finishing editing in Los Angeles. After tweaking the final sound mix, which took about three and a half weeks, Ottman and Singer completed dubbing less than a week before the film opened.
Ottman admits that he approached the Herculean task of composing over two hours of music for "Superman Returns" with a fair amount of trepidation.
"I thought that no matter what I did, I was going to be fed to the lions, because there's such a huge fan base of the original John Williams score. As a fan of the original movie myself, I understand how someone could be on pins and needles wondering if I had screwed up the entire Superman world.
"I felt a lot of pressure to preserve that which was holy. At the same time, I needed to write something new. I walked a fine line, trying to explore new ground while at the same time giving nods to the original thematic material. I really felt I wasn't going to make anyone happy, and that I was going to be maligned.
"Many of us felt extreme pressure as we tried fill someone else's shoes from the original movie. In a strange way, I think some of those older personalities of the past somehow channeled themselves slightly through everybody, and what came out came out."
Ottman jokes that his colleagues are going so crazy about the score that "they're masturbating to it."
"I'm so, so flattered," he utters with relief. "I guess all that fear and paranoia on my part paid off, because they pushed me to put a little extra into this. Of course, I always try to give my all, even if it's for a small project. To me, every score is my last because I have that whole negative attitude about everything."
Even though the composer/editor had promised himself that he would take a break from work to focus on moving into his new, custom built home with his 28 year-old registered domestic partner of three and a half years, he immediately succumbed to an offer to score and edit a Hitachi commercial. Insisting that he is neither sado-masochist nor a practitioner of same, he laments that he always ties himself up with work.
"I always seem to get into a comfortable situation where I could probably retire if I just stayed simple, then go and do some crazy thing like building this monstrosity of a house. I always keep myself in this perpetual sate of having to work to survive. I'm the classic the glass is half empty not half full kind of guy.
"For me, writing music is an escape from all the painful parts of life. I put a lot of my own psyche into my music and hope that, at the end of the day, people respond to it in some positive emotional way."

redpajama_set_name: RedPajamaCommonCrawl


text:
Sydney, Australia's Vibrant and Stylish Metropolis
Sydney is the capital of New South Wales; it also has Australia's highest population density. Before the Europeans discovered the Australian continent, the aborigines had already lived on this land for more than thirty thousand years. In 1788, England started to send its convicts to New South Wales, who built the city's basic infrastructure. After experiencing rapid development and a century of European colonization, Sydney has developed its own unique urban style.
It's common in Australia describe differences between Sydney, Melbourne, and Adelaide in terms of age: Sydney is a young teenager, full of energy; Melbourne is a 30-something middle-aged person, cool, calm, and collected; and Adelaide is a senior who enjoys a slow and leisurely lifestyle. These statements vividly describe the characteristics of the three cities. And from them, we can get a sense how Sydney is a city bustling with energy and vitality. After visiting Sydney, we're sure that every visitor will have great impressions of the city and lots of happy memories.
Aside from the Sydney Opera House and the Sydney Harbour Bridge, there are many tourist spots located in the city center or outskirts that are worth visiting. In terms of historical landmarks, there is the Sydney Town Hall, Queen Victoria Building, St Andrew's Cathedral, and the Customs House. With respect to arts and culture, there is the Museum of Contemporary Art and the Art Gallery of New South Wales. For visitors who love nature, they can check out Hyde Park, the Royal Botanic Garden, Bondi Beach, or the Three Sisters in Blue Mountains National Park. Afterwards, circle around to Hunter Valley to sample wine made with grapes grown from the good soil and water of Australia. Sydney is a feast for eyes and palate; it's a colorful, charming city full of endless possibilities.
Melbourne, the Elegant & Leisurely Garden Capital
Melbourne is the capital of the Australian state of Victoria and the second-most populous city in Australia, next only to Sydney. Between 1910 and 1927, it served as the capital of Australia. Signs from the Victorian period are still visible throughout the city of Melbourne. With more than 450 parks inside the city's perimeters, Melbourne is also known as the Garden City; it seems that there are verdant, lush parks everywhere. Although the city is filled with a classical atmosphere, it is also well known for sports. Each year, the city hosts the Australia Open tennis tournament, the Australian Grand Prix Formula One race, and the Melbourne Cup horse race; it is nearly impossible to book a hotel room during one of these events.
Even before the city was built, Melbourne already had comprehensive urban planning; its roads are laid out on an orderly grid. The city's tram network has been in operation for many years. Melbourne is one of the leaders in the world in terms of tram network development; trams are the main form of transportation within the city. There are many Victorian-style structures in the refined and classically-styled Melbourne; in fact, only London has more. Therefore, it wouldn't be overstating it to say that Melbourne is a European-style city. In the city center, classical architecture stands right next to modern buildings, yet the contrast doesn't feel abrupt; the coexistence of classical and trendy styles creates a distinctive flair for the city of Melbourne.
The Yarra River runs through the city center, splitting Melbourne in two. The northern section is the central business district. You can also find Little Italy, Little Saigon, Chinatown, and a Middle Eastern district, each with their own distinctive flavors. If it's exotic cuisine you're craving, this is the perfect place to be! There are many large gardens and beautiful beaches in the southern part of the city. Both sides of the river have things worth seeing. The scenery along the Yarra River at night is also praised by many. With parks spread throughout the city, breath-taking views of the river in the heart of the city, beaches just a short distance away, a strong atmosphere of culture and art, and famous desserts and coffee, no wonder the city has been named the world's most livable for five years running. With scenery, historic sights, and delicious food everywhere, it's time to come get a taste of what is so enchanting about Melbourne!
Brisbane, the City of Gold Where the Sun Always Shines
Brisbane is the capital of Queensland and the third most populous city in Australia; it is also a sister city of Kaohsiung. The business climate is slower in the city, and it has the relaxed atmosphere commonly found throughout Queensland. The Brisbane River runs through the entire city, and roads reach out from along the riverbank. Modern high-rise buildings stand side by side in the city center, interspersed with many buildings from the colonial era. Elements of new and old coexisting with nature have created a very unique style for the city of Brisbane.
In the beginning, Brisbane was a place to which convicts were banished; general residents began to move in gradually after the banishments ended. The city began to develop very rapidly. By 1988, Brisbane had reached a new height by hosting the World Exposition. The city's urban planning is comprehensive; its streets are as well organized as a chessboard. Streets in Brisbane were also named via an interesting method; streets that run north to south were given feminine names, while streets that run east-west given masculine names. The city center is not very large, but there are two beautiful parks within it. You can tour the entire city in a single leisurely stroll.
Brisbane is also known for being the gateway to one of the world's top surfing and vacation spots: the Gold Coast. You can reach the world-renowned Gold Coast via a two-hour train ride. Other attractions nearby include Moreton Island, famous for sandboarding; Fraser Island, the world's largest sand island; and the Sunshine Coast, a favorite among the locals. If you head north, you'll find the city of Cairns as well as the Great Barrier Reef waiting for you; wherever you want to get to, it's easy and convenient.
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text:
도서 Foley," turning to the captain, "I have only one eye, — I have a right to be blind...에 대해 검색한 84개 도서 중 1 - 10개
Foley," turning to the captain, "I have only one eye, — I have a right to be blind sometimes...
The Georgian Era: Military and naval commanders. Judges and barristers ... - 227 페이지
저자: ---- Clarke - 1833 - 588 페이지
전체보기 - 도서 정보
The Analectic Magazine, 2권
...sports with bitterness, he exclaimed, ' I really do not see the signal !' Presently he exclaimed, ' Damn the signal! Keep mine for closer battle flying ! That's...way I answer such signals ! Nail mine to the mast !' " Nelson embraced a favourable opportunity during the action to open a negotiation, and, retiring...
The Life of Nelson, 2권
Robert Southey - 1813 - 280 페이지
...with bitterness, he exclaimed, " I " really do not see the signal !" Presently he exclaimed, " Damn the signal ! Keep " mine for closer battle flying...way I answer such signals. Nail mine to " the mast !" Admiral Graves, who was so situated that he could not discern what was done on board the Elephant,...
Analectic Magazine: Comprising Original Reviews, Biography, Analytical ...
...exclaimed, ' I really do not see the signal !' Presently he exclaimed, ' Damn the signal! Keep mine lor closer battle flying ! That's the way I answer such signals ! Nail mine to the mast!'" Nelson embraced a favourable opportunity during the action te open a negotiation, and, retiring into...
The Eclectic review. vol. 1-New [8th]
...sports with bitternoss, he exclaimed, " I really do not see the signal !" Presently he exclaimed, " Damn the signal ! Keep mine for closer battle flying !...way I answer such signals. Nail mine to the mast." ' Vol. ii. p. 121 — 124. After the battle, as he left his ship, he said, in bitter sportiveness :...
history of europe during the french revolution
archibald alison - 1835
...to his blind eye, he exclaimed, " I really don't see the signal. Keep mine for closer battle still flying. That's the way I answer such signals. Nail mine to the mast." Admiral Graves and the other ships, looking only to Nelson, continued the combat with unabated vigour...
Lives of eminent and illustrious Englishmen, ed. by G. G. Cunningham
Englishmen - 1836
...retreat ; but Nelson exclaimed, " Leave off action now ! d — me if I do ! I have only one eye, — I have a right to be blind sometimes." Then, putting...ships were forced to strike. Nelson, seeing that his boats were fired upon when they went to take possession of the prizes, wrote a note to the crown-prince,...
...retreat ; but Nelson exclaimed, " Leave off action now ! d — me if I do 1 I have only one eye, — I have a right to be blind sometimes." Then, putting...began to slacken their fire, and several of their >hips were forced to strike. Nelson, seeing that his boats were fired upon when they went to take possession...
History of Europe (from 1789 to 1815).
sir Archibald Alison (1st bart.) - 1843
...to his blind eye, he exclaimed, " I really don't see the signal. Keep mine for closer battle still flying. That's the way I answer such signals. Nail mine to the mast." Admiral Graves O and the other ships, looking only to Nelson, con* " The fire," he said, " is too hot...
Select English poetry, with notes by E. Hughes
Edward Hughes - 1851
...to his blind eye, he exclaimed, ' I really do not see the signal ; keep mine for closer battle still flying. That's the way I answer such signals. Nail mine to the mast.' Admiral Graves and the other ships, looking only to Nelson, continued the combat with unabated vigour...
A history of England in the lives of Englishmen, 6권
George Godfrey Cunningham - 1853
...signal." Shortly afterwards, he vociferated, " D — the signal I — keep mine for closer battle flying I That's the way I answer such signals. Nail mine to the mast I" In half an hour from this time the Danes began to slacken their fire, and several of their ships...


The rifling causes the projectile to rotate around the horizontal axis while in flight. This achieves two things: it significantly reduces the vertical fall of the projectile due to gravity while in flight. It also stabilises the projectile during the flight.
However, those two things happen at some cost to the velocity derived from the initial impulse at firing of the cartridge.
In effect, in modern terms, the choice has become one between "hypervelocity" and high velocity of the projectile.
Obviously, velocity determines energy at impact, and thus penetrative ability.
And if you choose to have it that way, its your choice after all!
I always read that a rifled barrel put a curve on the munition so that it would go further with greater accuracy, so it seemed like a good comparison to me.
Whilst I don't have the knowledge that many in the forum have, (why I pretty much stay out of the way) I've enjoyed reading your posts in numerous threads. Hopefully you'll stick around and become a "regular" member in the forum.
Hehehe, it was about time I got a proper sig.
I can see why you did.
Very widely read, Relatives fought in both World Wars.
Military History, Archaeology, Philosophy, Poetry, Swordmanship.


Back in December, our very own James here at Phones Review brought you news that Motorola were looking to bring out a new Droid RAZR phone by the name of the RAZR Maxx. Although details initially were a little vague, specs of the forthcoming handset started to filter through.
Running on Android's 2.3 Gingerbread OS, the Maxx was announced at the recent Las Vegas CES event, in which we were told that the handset would pack an incredible 3300mAh battery giving the device at least 21 hours of battery life.
In order to demonstrate this, it looks like Motorola will be holding an event on February 6th that will be streamed, showing the new Droid Maxx officially launch with the handset put through its paces. This year many of the big named manufacturers including Samsung have promised to up their battery life on smartphones and the Maxx may be the first to pave the way for others.
The streamed event will be held over 24 hours and according to Darren Murph over at Engadget.com, the phone will be left on and used for the entire period. What was initially supposed to be a January 26th event is looking more likely to be on February 6th, so make a note on your calendar!
What are your thoughts on the new Motorola Droid RAZR Maxx? Keen to have a phone that requires little charging?
Yes I would go for 3300mAh!
Somebody knows if a Verizon "worldphone" works without limitations (voice/data simultaniously, UMST availability?) on a GSM netwerk?


Apple's event is still a few minutes off, but the company is already showing off the first new product: its Apple Park campus. Known during its years of construction as "the spaceship," today's event is the first public look at the new 175-acre corporate campus.
Media and guests are in the Steve Jobs Theater at the visitor's center that sits just outside the ring-shaped, 2.8 million-square-foot main building. For a more complete look at what's inside that part of the campus, here's the big feature Wired's Steven Levy did earlier this year.
The bottom line: There is a lot of glass here. And it's so pristine that one guest cut his eye open by walking into one of the glass walls as he exited the restroom.
Read on for a few more pictures and, for coverage of the on-stage product launches, check out our live coverage starting around 10 a.m. PT.