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Publication: European Stars and Stripes Tuesday, October 30, 1990

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     European Stars and Stripes (Newspaper) - October 30, 1990, Darmstadt, Hesse                                Stranded victim of rape can sue officer. _1.  it. Washington apr the supreme court on monday refused to squelch the lawsuit of a Tacoma Wash woman who says she was raped after a policeman left her stranded in a High crime area late at night. The justices without comment left intact a ruling that will Force a trial on the woman a allegations against Washington state trooper Steven Ostrander. In a separate Case the court refused to reinstate a $750,000 award won and then lost by a woman raped in a Cleveland area Public transit system parking lot. The Tacoma woman a 1985 civil rights suit contends Ostrander violated her constitutional right by placing her in danger and failing to provide any Protection. In other action the court a let stand a ruling that boosted a Federal judges Power to order predominantly White suburban schools to accept inner City Black students. The justices without comment rejected an Appeal by three Kansas City mo., suburban school districts facing such a desegregation order. The Case is an outgrowth of a Long standing court Battle Over desegregation of Kansas City a Public schools. A agreed to resolve a dispute Over Black lung benefits that May affect $650 million in claims by Coal miners and their families. The court said it will decide How difficult it should be for mining companies to Challenge claims by As Many As 3,500 miners. A allowed a state to automatically impose longer sentences for criminals who used guns. The court without comment let stand a Montana Law used to add 10 years to the 30-year prison sentence Given a Man who brandished a gun during a pizza shop robbery. In a separate Case the court refused to let police in Massachusetts Stop and search someone solely because that person reportedly was carrying a handgun in Public. A let stand a ruling that the at Large system used in Norfolk va., City Council elections violates the rights of by fuck voters a Federal appeals court panel last aug. 18 ordered the City to switch to a single District election system that will a remedy the vote dilution arising out of the at Large election  refused to kill a civil rights lawsuit Gamst a Texas City that cracked Down on Quot cruising teen agers five years ago. The court without comment left intact a ruling that forces Desoto Texas and nine members of its police department to defend themselves at trial against allegations of illegal arrests. In the Tacoma rape Case on sept. 23, 1984, about 2 30 a.m., Ostrander stopped a car driven by Robert Bell because its headlights were on High beam. After speaking to Bell. Ostrander arrested him on supreme court Roundup Drunken driving charges and called for a Tow truck to impound the car. The Tacoma woman claims Ostrander after ordering her out of the car simply got into his patrol car and drove away. He claims he offered to Call a Friend or relative who could give her a ride Home but that she declined his offer. Belles car had been stopped in the Parkland area of Pierce county South of Tacoma and about five Miles from the woman a Home. Court records indicate the area has the highest violent crime rate in the county outside of Tacoma. The temperature was 50 degrees and the woman was wearing Only a Blouse and jeans. She says that after walking a half Block toward her Home and having turned Down several ride offers from strangers she accepted one from an unknown Man. The woman a suit says the Driver took her to a secluded area and raped her. Her lawyers said the rape impregnated her and resulted in the birth of a child. A Federal judge dismissed the suit but a three judge panel of the 9th . Circuit court of appeals to tag 2 1, reinstated it. The woman a has raised a genuine Issue of fact tending to show that trooper Ostrander acted with deliberate indifference to her interest in personal Security under the 14th amendment a the appeals court panel said. The appeals court panel discounted the fact that a 24-hour Gas station and a 24-hour convenience store both Well lighted were located within two blocks of where Ostrander left the woman. Quot it is for the Trier of fact to determine whether a reasonable person should have regarded a Gas station or a convenience store located in a High crime neighbourhood As some kind of Safe Haven where she would have been Given assistance or permitted to stay until Daybreak before walking five Miles Home a the appeals court said. The woman a suit said she could not Call her parents for help because both Are disabled. In the Cleveland Case the court without comment let stand a ruling that overturned the award against the transit system. The Cleveland woman was attacked the evening of Jan. 15,1985, after getting off a train at a station in East Cleveland. Her assailant later confessed to raping her As Well As another woman at the same station the previous night. The woman sued the greater Cleveland regional transit authority for negligence. She said the Public Agency failed to provide adequate Security for passengers particularly m Light of the rape the previous night. A state court jury awarded her $750,000 after also hearing evidence that numerous violent crimes were committed at the station from 1975 to 1985. A state appeals court threw out the award last year. The appeals court relied on an Ohio supreme court ruling that police May not be sued for failing to protect the Public against crimes a unless it can be shown they Quot owed a special duty of care to a crime victim. The appeals court said it saw no difference Between a regional transit Agency and a City police department. Trial to decide if Tennessee has unfair school system Nashville Tenn. Up the state of Tennessee went on trial monday on charges of failing to provide decent Public schools for All its children. The accusers Are parents and teachers who say the states school funding Fon Nula denies equal educational Opportunity to tens of thousands of students Only because they live in poorer Rural parts of Tennessee. Their civil lawsuit was joined by 75 Rural school jurisdictions across the state since it was filed in july 1988, it asks judge c. Allen High of Davidson county chancery court to declare Tennessee a education system unconstitutional and to order the legislature to create a better one. A a we re going to show these students Are suffering and there a no justification for Able bodied students to be discriminated against a said Lewis Donelson lawyer for the Rural schools who delivered opening arguments in the lawsuit monday. The lawsuit challenges the states education system on two grounds. First it charges the education funding system violates the state constitutions guarantees of equal Protection under the Law by providing More Money for Richer school jurisdictions. In 1964, when Small towns still bustled with business the legislature began letting cities and counties Levy sales taxes for education. Since then interstate highways have led to regional shopping malls robbing Small towns of much of their sales tax Revenue. This tax along with the property tax now provides much of the Money for schools in Tennessee. A unfortunately the ability of locales to raise funds through those two Means varies greatly across the state a said Buck Cole another lawyer for the Rural schools. Quot Many of the jurisdictions have no Industry. They Are basically agrarian economies with Low property  the lawsuits second Contention is that the state is failing to meet the requirement in the state Constitution to maintain and support a Public school system. In relatively affluent Oak Ridge $3,889 a year is spent on each Pupil in the Public schools. But Rural Hancock county can spend Only $2,133 and Hickman county Only $2,152. In some years schools in Rural Tennessee could not open on time or run buses or pay teachers. A a it a worse than segregation a said Mike Antrican the school superintendent in Hancock county. A these kids do not have an equal Opportunity. We done to have Art classes in our schools. We done to have music classes in our schools. We done to have a band. We done to even have libraries in some of our  gov. Ned Mcwherter has agreed the education system is unfair Ana he has promised to propose Radical changes next year at a Cost of up to $700 million. A the Issue is whether it ought to be left to the legislature and the executive Branch to decide these matters or whether the court Steps in a assistant state attorney general Rachel Steele  school with fun Vale University Junior Sandy Parsons of ing a meeting of the Yale anti Gravity Somerville throws aside her stud Chib in new Haven Conn the club ies once a week to practice juggling Dur meets sunday afternoons on campus.29% of Blacks polled say racists behind aids new York up a Twenty nine percent of Blacks questioned in a recent poll said they believe or think it is possible the . Government created the aids virus in a Laboratory to infect Black people the new York times said monday. Only 5 percent of the White people who answered the question feel it could be or is True and 83 percent of All respondents said it is almost certainly not True the paper said. The times said the Survey showed that Many Blacks feel that the availability of drugs in their neighbourhoods As Well As prosecution of Black politicians also Are signs of a racist Campaign by the government. The article cited an interview with Keith Brown a Black Man whose brother died of aids believing that his death was caused by racists. Brown said the theory is based on historical biases created during slavery and statistics of who is suffering most with the disease. A you can to be Black and not feel that aids is some kind of Experiment some kind of plot to hit undesirable minority population a Brown told the times. A i done to want to believe that aids is some kind of government plot. But i guess i do i do believe  More than three quarters of the Black respondents said they believe or think it s possible the . Government singles out Black politicians for investigation to discredit them the times said  
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