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A New York appellate court ruled Thursday that a defamation lawsuit brought against President Donald Trump by a former "Apprentice" contestant can move forward.A lawyer for Trump said he plans to appeal the decision.Trump had appealed a lower court's ruling last year that allowed the case to proceed, arguing that the Constitution's Supremacy Clause bars a lawsuit against a sitting president in state court because it would interfere with his duties.Mariann Wang, the lawyer for the plaintiff, Summer Zervos, argued that a president is not above the law and said the US Supreme Court's ruling in Clinton v. Jones backs up her argument that Trump can be sued in state court.Judges in the appellate division of the first judicial department agreed with Zervos, saying the Supreme Court's decision "did not encroach upon the exercise of the executive powers of the President" and that the Supremacy Clause was "never intended to deprive a state court of its authority to decide cases and controversies under the state's constitution."Zervos is suing Trump for defamation after he publicly called her a liar following her claims in October 2016 that Trump sexually assaulted her a decade earlier."We are very pleased that the First Department has affirmed once again that (Trump) 'is not above the law,'" Wang said in a statement Thursday. "The case has proceeded in the trial court and discovery continues. We look forward to proving to a jury that Ms. Zervos told the truth about Defendant's unwanted sexual groping and holding him accountable for his malicious lies."Two of the five judges dissented to part of the ruling, and cited the majority's interpretation of the constitutional issues at hand as a reason.In a statement, Trump's attorney Marc Kasowitz laid out his plan to appeal the latest decision."We believe that the well-reasoned dissenting opinion by two of the five justices, citing the US Supreme Court decision in the Clinton v. Jones case, is correct in concluding that the Supremacy Clause of the US Constitution bars state courts from hearing cases against the President while he or she is in office," Kasowitz said. "We will seek to appeal the majority decision to New York's highest court, the Court of Appeals, which we expect will agree with the dissent." 2291
A nearly 7-hour long standoff which began with six officers getting shot while serving a warrant has to an end late Wednesday evening, Philadelphia Police confirmed. As of early Thursday morning, a SWAT unit was in the process of clearing th scene.Police spokesman Eric Gripp said that the six officers were released from the hospital by late Wednesday evening. An officer who was injured in an accident while responding to the scene remains hospitalized. Gripp said that law enforcement attempted to make contact with the suspect who was barricaded throughout the evening. Officials from ATF confirmed were on the scene, assisting local police. Philadelphia Police requested the media not air live helicopter footage of the officers' tactical positions. Officers held those positions all evening despite spurts of gunfire.Ross told reporters that officers attempted to serve a warrant at a residence near Temple University around 4:30 p.m. Officers reached the kitchen of the residence when the suspect began shooting at officers. Ross said that officers dove through windows and took cover to avoid the gunfire. Following the shooting, officers retreated as dozens of other units responded. Temple University also was in a lockdown.Two officers who were trapped in the residence for several hours were freed, Gripp confirmed. Gripp's announcement came nearly five hours after the incident began. 1409
A women's hospital in California used hidden cameras to secretly record approximately 1,800 patients without their consent, according to a lawsuit.The recordings filmed activity in three labor and delivery rooms at the Women's Center at Sharp Grossmont Hospital in La Mesa, California, over a period of more than 11 months beginning in summer 2012.Captured in the images: partially robed women on operating tables, cesarean sections, and newly delivered babies. At times, according to the lawsuit filed last week, the women's genital areas were visible, as were their faces."It's the most fundamental breach of privacy," said Allison Goddard, a lawyer representing more than 80 women who say they were filmed.Goddard says she's obtained five videos from the hospital and has requested about 100 more."I have seen, for example, a video of a C-section, and it shows the patient being rolled into the operating room. It shows the patient being prepped for surgery. You could see her hospital gown tucked up under her breasts. You could see her bare belly," Goddard said.She says the video goes on to show the birth of the baby and a nurse massaging the woman's uterus to expel any blood clots."It's horrifying to think that, especially in today's day and age of the ubiquity of videos on the internet, if one of those videos were to get in the wrong hands, there's no controlling it. It takes your own medical care outside your own control," Goddard said.The lawsuit states the recordings were stored on desktop computers, some without the need for a password. It further states the hospital "destroyed at least half the recordings but cannot say when or how it deleted those files and cannot confirm that it took the appropriate steps to ensure the files were not otherwise recoverable."The women are suing over the harm they say they suffered, including anguish, horror, humiliation, depression and feelings of powerlessness. They are seeking monetary damages from the hospital.Goddard says the women were notified about what happened to them by a third-party administrator after a nine-month court fight.The hidden camerasWhy would a hospital place hidden cameras in three of its most private areas?According to a legal document prepared by the hospital in a medical board case against a doctor, it was trying to catch a thief.The filing states that in or around May 2012, drugs were disappearing from medical carts in operating rooms, so hospital security installed motion-detecting cameras on the carts that captured images whenever anyone entered the room.Carlisle Lewis, Sharp Healthcare's senior vice president and general counsel, acknowledges in the document that "some of the video clips depict patients in their most vulnerable state, under anesthesia, exposed and undergoing medical procedures."According to the document, on multiple occasions, the cameras captured a doctor removing drugs from the carts, including the powerful anesthetic propofol, and placing the items into a shirt pocket."Although the cameras were intended to record only individuals in front of the anesthesia carts removing drugs, others, including patients and medical personnel in the operating rooms, were at times visible to the cameras and recorded," John Cihomsky, Sharp Healthcare's vice president of public relations and communications, said in a statement.'The hospital is a privacy zone'Health care ethicists criticize the hospital's use of hidden cameras."These are extreme, horrific violations. And it's exactly why the hospital is a privacy zone," said Art Caplan, head of the Division of Medical Ethics at the New York University School of Medicine. "There are a very long list of reasons why taping, recording, videoing for anything other than medical or treatment purposes has to be strictly off-limits, because you're trying to protect people who can't protect themselves."Caplan says drug theft is a huge problem for hospitals and it's often investigated, but the investigations are usually coordinated with law enforcement. Sharp Grossmont Hospital confirmed that they hadn't worked with law enforcement in this case."It may be a noble thing to try and figure out how drugs are being diverted, but set it up with the appropriate legal authorities," Caplan said. "It can't be just an internal quality control activity. If you want to get people not to trust health care, this is a great way to do it."Cihomsky said the surveillance methods were used for only that particular investigation and have not been used again. He said that the case remains ongoing and that the hospital was unable to comment further about the matter."We sincerely regret that our efforts to ensure medication security may have caused distress to those we serve," he said. 4760
An American citizen has been charged with assisting ISIS as a weapons instructor and a sniper, according to a press release from the 145
A shooting at a Brooklyn park left one person dead and 11 others injured Saturday night, the New York Police Department said.The gunfire broke out at an event in Brownsville, a neighborhood in east Brooklyn. The victims were taken to a local hospital, where a 38-year-old man died after the shooting, police said.New York Mayor Bill de Blasio said the shooting "shattered a peaceful neighborhood event.""Our hearts go out to the victims. We will do everything in our power to keep this community safe and get guns off our streets," de Blasio tweeted shortly after midnight. 585