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The family of late singer Tom Petty is upset with President Donald Trump for using the hit song "I Won’t Back Down.”The song was played at the president’s re-election rally in Tulsa, Oklahoma, over the weekend.That in turn prompted the late star's estate to issue a cease and desist notice to Trump's campaign on Saturday.Adria, Annakim, Dana and Jane Petty wrote in a letter posted to Twitter that Trump was not authorized to use the song to “further a campaign that leaves too many Americans and common sense behind.”The estate said, "both the late Tom Petty and his family firmly stand against racism and discrimination of any kind."They added that "Tom Petty would never want a song of his used for a campaign of hate. He liked to bring people together."The letter also said, “We believe in America and we believe in democracy. But Donald Trump is not representing the noble ideals of either."The Trump campaign has yet to release a response about the use of the song. 980

The Cheektowaga, New York mother whose battle with breast cancer captured the hearts of many Western New Yorkers has died. Libby Gaymon, 43, passed away Tuesday. She had faced breast cancer twice in less than two years.In May, Libby's daughter Alexis asked her mom to be her date to the senior prom at McKinley High School in Buffalo. The surprise promposal was a well-coordinated effort between Alexis, her family and McKinley administrators. Alexis wanted to bring her mother because Libby didn't get to go to the prom when she was in school.On prom night, dozens of supporters of Libby packed the Gaymons' front lawn, some spilling onto the sidewalk and neighboring lawns to cheer on the mother-daughter duo.McKinley High School donated a limousine, while other community members offered free wig services, makeup application and corsage supply to make the night even more special.Most recently, Gaymon tried an experimental immunotherapy treatment at Roswell Park. Immunotherapy helps the body’s immune system attack cancer cells. It is still being studied nationwide to see if it can play a role in treating metastatic breast cancer.   Her message she shared with Buffalo-based WKBW anchor Ashley Rowe in September was clear: slow down and take time to appreciate the world around you, or else you’ll miss everything.“You’re walking down the street on the phone, either you’re on the phone or you’re texting and you’re not even seeing your surroundings," Libby said. "You’re not seeing if you walk past flowers, or if you walk past somebody smiling back at you, but you’re too busy on your phone.  You guys are letting life pass you by.”  1681

The future of the Deferred Action for Childhood Arrivals program got murkier Tuesday when the Texas attorney general made good on a threat to challenge it in court.The lawsuit throws a wrench in an already-complicated legal morass for the DACA program, which protects young undocumented immigrants who came to the US as children and which President Donald Trump has been blocked from ending, for the time being, by other federal courts.The lawsuit has the potential to create a headache for the Justice Department and courts as it could potentially conflict with rulings from judges in three separate judicial regions of the country who have blocked the end of DACA and could force the government to take an awkward position in the case.It may also potentially seal the issue's path to the Supreme Court.Texas Attorney General Ken Paxton and six other states on Tuesday filed a lawsuit challenging the lawfulness of DACA, arguing that former President Barack Obama's initial creation of DACA in 2012 violated the Constitution and federal law.The case was also re-assigned late Tuesday to District Judge Andrew Hanen, the judge who initially issued the nationwide ruling preventing DACA from being expanded through a similar program in 2014. Hanen was seen as particularly unfriendly to DACA based on his ruling in the related case, and advocates feared a DACA challenge before him would likely be decided the same way. His ruling ended up remaining in place after a Supreme Court challenge deadlocked 4-4 while awaiting a new justice after the death of Justice Antonin Scalia.The move follows through on a threat from Paxton and what was originally nine other states to challenge DACA in court as part of a lawsuit regarding a similar but broader program that expanded upon DACA to include parents. Paxton issued an ultimatum to Trump: End DACA himself or defend it in court and face the prospect it is overturned by a judge that had already rejected the program's expansion in that other lawsuit.Under Paxton's threat, Trump and his administration decided to end the program in September, with a wind-down period ostensibly to allow Congress to act to save it legislatively. After the administration said they would rescind the program, Paxton backed off and allowed the other lawsuit to be dispensed with.But multiple lawsuits were filed challenging the way Trump ended the program -- resulting in multiple federal judges putting the brakes on the move and ordering the Department of Homeland Security to resume processing renewals for the roughly 700,000 participants in the program. A federal judge in DC last week went a step further, saying the department had to resume accepting new applications unless it issued a new legal justification for ending the program that passed muster within 90 days.The Trump administration had used the possibility of a court immediately terminating DACA in response to such a lawsuit from Paxton as the justification for ending the program altogether -- a justification the federal judge in DC found flimsy.Congress, meanwhile, has failed to reach consensus on how to preserve the program with legislation, and the court rulings preserving the program only served to further take the pressure off lawmakers.The states challenging DACA are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia.Tuesday's move leaves plenty of questions going forward -- including whether the Justice Department will defend DACA in court in Texas or allow another entity to argue in its favor. The ruling could also have implications for the DC case and whether the administration's legal reasoning gains credence.If the Texas court were to also issue a nationwide ruling in favor of the termination of DACA, it could set up dueling nationwide decisions that would likely end up at the nation's highest court."The first three courts have ruled in favor of DACA recipients," said Stephen Yale-Loehr, a Cornell Law School professor and attorney with Miller Mayer. "If this lawsuit goes the other way, the Supreme Court may have to decide the issue." 4126

The first person known to be cured of HIV infection, Timothy Ray Brown, has died. He was 54.Brown was long known as “the Berlin patient” for where his historic treatment took place.He died Tuesday at his home in Palm Springs, California, according to his partner.The cause was a return of the cancer that originally prompted the unusual bone marrow and cell transplants Brown received in 2007 and 2008, which for years seemed to have eliminated both his leukemia and HIV, the virus that causes AIDS.His case inspired more research toward a cure, something that many scientists had thought impossible until his example proved that it was. 645

The Detroit Lions have issued a statement in response to reports coach Matt Patricia was indicted on sex assault in a case that was ultimately dismissed.Court records for Cameron County, Texas show Patricia and Gregory Dietrich were indicted in August 1996 on sex assault charges.The case was dismissed in January 1997.The Lions have released the following statements from Matt Patricia and from Lions' owner Martha Firestone Ford, Bob Quinn and Rod Wood.Matt Patricia: 482

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