IamSauerKraut

IamSauerKraut t1_j577pd5 wrote

>I'm like 10 years removed from BLaw 101, so don't listen to me, but I would think it would be legal so long as you sign a contract with them.

I believe there was a Comm Court ruling on a very similar issue within the past year that said something to the affect of "no, you cannot do that." The State Department of L&I could be contacted on this issue (I certainly would as it smells of a wage law violation).

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IamSauerKraut t1_j51f1vg wrote

Ultimately, these 2 cretins received each received long sentences. One remains incarcerated. What consequences did they avoid?

Should they have been investigated earlier by judicial administrators? Absolutely. But they will forever be known as felons and, if there is a God, each will forever live in poverty and shame.

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IamSauerKraut t1_j51dd3t wrote

Not sure which rules you refer to here, but if it is that the Judicial Conduct Board of SCOPA dropped the ball... absolutely correct. They totally failed to carry out their duties re Luzerne County Court of Common Pleas. That entire courthouse was rank with corruption b/w 2003 and 2008. Not limited to just those 2.

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IamSauerKraut t1_j51acad wrote

>My understanding is that handling of health information is entirely in civil law.

HIPAA is not the only law covering the release of prohibited (non-public) records. HIPAA is federal. State law appears more at issue, particularly device access. Some prosecutor's offices will pursue; others, not so much.

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IamSauerKraut t1_j519td2 wrote

>PA isn't a big state, geographically, but it does take several hours of driving to get from one area to another.

Veritable definition of "big state."

Surprised no one mentioned HersheyPark. Right next to Chocolate World. Spend all day but bring your $$. They have a "seaworld" venue within and access to ZooAmerica right next door.

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IamSauerKraut t1_j517zv9 wrote

>Your friend should file a claim with the Office of Civil Rights.

A number of agencies, state and federal, have an "Office of Civil Rights," but I'm not sure what civil right would be involved. Releasing medical info to members of the public as alleged appears more of a criminal act subject to investigation/prosecution but the county DA or the state AG's offices.

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IamSauerKraut t1_j517je6 wrote

Given the allegations within the post, this is a matter which should be referred to the DA's office with jurisdiction over the hospital or where your "friend" resides. If in 2 separate counties, send to both county DA's plus the state AG's office.

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IamSauerKraut t1_j50xun2 wrote

I'm more concerned about the slow-walk the Disciplinary Board took in revoking the law licenses of the Conahan and Ciavarella. They were indicted in January 2009. Both were removed from any judicial activities a week or so later.

Although convicted in 2011, the SCOPA did not disbar Ciavarella until late 2019. He was only temporarily suspended in 2012. Typically, an attorney convicted of DUI will lose the license in less than a year after conviction. Ciavarella was allowed to resign - with no mention of the conviction in the Order! - upon submission in August of 2019. The delay appears to be the result of his numerous appeals of the conviction. https://law.justia.com/cases/pennsylvania/disciplinary-board/2019/no-1843-disciplinary-docket-no-3.html

Conahan resigned from full-time duties in Jan 2008, thereafter becoming a senior judge (essentially part-time). He initially plead guilty to the indictment, withdrew the plea, only to later again plea guilty. He was sentenced in September 2011 to a country club facility in Florida.

The criminal cases were based on the corrupt acts of Conahan and Ciavarella during the 2003 to 2008 time period. Because of Ciavarella's playing of the system (guilty plea early withdrawn later, then trial, then numerous appeals over the course of nearly a decade), the civil cases were hampered, indeed stalled due to the uncertainty in Ciaveralla's case. Most of his convictions were tossed.

A long slog of a mess, to be sure, but the delayed outcomes are exactly as they should be. No one will miss those 2 once they are gone.

One interesting thing about the case pertains to retaining parts of the files of the juveniles affected. With the conclusion of the civil cases, I hope these files become shredded into dust. https://web.archive.org/web/20110531135345/http://www.aopc.org/OpPosting/Supreme/out/81mm2008FinalReport.pdf (2nd full para on p. 3)

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IamSauerKraut t1_j50qh65 wrote

His numerous RTKL filings have helped public schools more than he knows. School employees' personal info, for instance, is more secure now than when he first started his garbage a decade ago. His war on teachers' collective bargaining units is pretty much done thanks to various court rulings. Dud loves to lose.

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