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What Really Happened? Stella Liebeck, 79-years-old, was sitting in the passenger seat of her grandson's car having purchased a cup of McDonald's coffee. After the car stopped, she tried to hold the cup securely between her knees while removing the lid. However, the cup tipped over, pouring scalding hot coffee onto her lap. She received third-degree burns over 16 percent of her body, necessitating hospitalization for eight days, whirlpool treatment for debridement of her wounds, skin grafting, scarring, and disability for more than two years. Despite these extensive injuries, she offered to settle with McDonald's for $20,000. However, McDonald's refused to settle for this small amount and, in fact, never offered more than $800. The jury awarded Liebeck $200,000 in compensatory damages - reduced to $160,000 because the jury found her 20 percent at fault - and $2.7 million in punitive damages for McDonald's callous conduct. (To put this in perspective, McDonald's revenue from coffee sales alone was in excess of $1.3 million a day.) The trial judge reduced the punitive damages to $480,000, but did state that McDonald's had engaged in "willful, wanton, and reckless" behavior. Mrs. Liebeck and McDonald's eventually settled for a confidential amount. The jury heard the following evidence in the case: McDonald's Operations Manual required the franchisee to hold its coffee at 180 to 190 degrees Fahrenheit; Coffee at that temperature, if spilled, causes third-degree burns (the worst kind of burn) in three to seven seconds; Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years; The chairman of the department of mechanical engineering and bio-mechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a wid

Well, it turned. The police bureau is starting to crack after six weeks of Occupy Portland. And one picture, right here, crystallizes the precise moment when it happened. During a choreographed effort to pull a few dozen protesters out of the Chase bank branch outside Pioneer Square, part of today's hundreds-strong N17 day of action, Portland police officers resorted to a decidedly more muscular show of force in a clash watched by TV cameras and rush-hour commuters earlier this evening. Suddenly all the fun-the dance parties, the union songs, the peaceful arrests earlier on the Steel Bridge and at Wells Fargo-was for naught. Tromping in with mounted officers, they pushed marchers who had gathered on the sidewalks along SW Yamhill into the street-forcing them to block MAX trains, something no one was doing until the heavily armored riot squad showed up-and then poked and, for the first time, pepper-sprayed the marchers. Significantly, some of the spraying came after protesters had clearly retreated to the opposite sidewalk. (In another odd shift, there also was no federal-court-required verbal PA warning that chemical munitions would be deployed-a hallmark of every other mass police action to date.) Meanwhile, at almost the very same moment, Police Chief Mike Reese was on TV blaming Occupy Portland for his officers' inability to respond to a rape victim for three hours today. Consider that tantamount to a declaration of war. Reese's point? Officers are tired and have been too distracted to do their main jobs: responding to actual crimes. It was an attempt to spin sentiment against the movement, which seems to be attracting adherents. Even the O today said the movement is "building momentum" and said the average age of some 34 arrestees earlier today was 50-not a bunch of young, anarchists/punks/hoodlums/hippies/road warriors etc. But that might come back to haunt him, judging by a wave of outrage on Twitter and elsewhere among those who noted that it

When judges start awarding punitive damages in the hundreds of thousands or even millions of dollars, watch thing change fast in the world of foreclosure fraud.

Few issues highlight Barack Obama's extreme hypocrisy the way that Bagram does. As everyone knows, one of George Bush's most extreme policies was abducting people from all over the world -- far away from any battlefield -- and then detaining them at Guantanamo with no legal rights of any kind, not even the most minimal right to a habeas review in a federal court. Back in the day, this was called a "Bush's legal black hole." In 2006, Congress codified that policy by enacting the Military Commissions Act, but in 2008, the Supreme Court, in Boumediene v. Bush, ruled that provision unconstitutional, holding that the Constitution grants habeas corpus rights even to foreign nationals held at Guantanamo. Since then, detainees have won 35 out of 48 habeas hearings brought pursuant to Boumediene, on the ground that there was insufficient evidence to justify their detention. Immediately following Boumediene, the Bush administration argued that the decision was inapplicable to detainees at Bagram -- including even those detained outside of Afghanistan but then flown to Afghanistan to be imprisoned. Amazingly, the Bush DOJ -- in a lawsuit brought by Bagram detainees seeking habeas review of their detention -- contended that if they abduct someone and ship them to Guantanamo, then that person (under Boumediene) has the right to a habeas hearing, but if they instead ship them to Bagram, then the detainee has no rights of any kind. In other words, the detainee's Constitutional rights depends on where the Government decides to drop them off to be encaged. One of the first acts undertaken by the Obama DOJ that actually shocked civil libertarians was when, last February, as The New York Times put it, Obama lawyers "told a federal judge that military detainees in Afghanistan have no legal right to challenge their imprisonment there, embracing a key argument of former President Bush's legal team." . . .

Which is not to say that the Obama era has meant an end to law enforcement. On the contrary: In the past few years, the administration has allocated massive amounts of federal resources to catching wrongdoers - of a certain type. Last year, the government deported 393,000 people, at a cost of $5 billion. Since 2007, felony immigration prosecutions along the Mexican border have surged 77 percent; nonfelony prosecutions by 259 percent. In Ohio last month, a single mother was caught lying about where she lived to put her kids into a better school district; the judge in the case tried to sentence her to 10 days in jail for fraud, declaring that letting her go free would "demean the seriousness" of the offenses. So there you have it. Illegal immigrants: 393,000. Lying moms: one. Bankers: zero. The math makes sense only because the politics are so obvious. You want to win elections, you bang on the jailable class. You build prisons and fill them with people for selling dime bags and stealing CD players. But for stealing a billion dollars? For fraud that puts a million people into foreclosure? Pass. It's not a crime. Prison is too harsh. Get them to say they're sorry, and move on. Oh, wait - let's not even make them say they're sorry. That's too mean; let's just give them a piece of paper with a government stamp on it, officially clearing them of the need to apologize, and make them pay a fine instead. But don't make them pay it out of their own pockets, and don't ask them to give back the money they stole. In fact, let them profit from their collective crimes, to the tune of a record $135 billion in pay and benefits last year. What's next? Taxpayer-funded massages for every Wall Street executive guilty of fraud?

'A judge is allowing an Army veteran who says he was imprisoned unjustly and tortured by the US military in Iraq to sue former Defense Secretary Donald H. Rumsfeld personally for damages.' Nedra Pickler, Associated Press

The Supreme Court is asked to decide if governnment officials can be held accountable for torturing a US citizen