Department Of Corrections Asks Federal Judge To Reject Hepatitis Arguments
June 5, 2017
The Florida Department of Corrections this week asked a federal judge to reject arguments that it violated the Americans with Disabilities Act by not providing “cutting edge” drugs to prisoners with hepatitis C.
Three inmates filed a class-action lawsuit in May alleging that the department is failing to provide proper care to thousands of prisoners with liver-damaging hepatitis C.
The lawsuit, filed in federal court in Tallahassee, contends that the prison system has not provided a relatively new type of drug — known as direct-acting antivirals — effective in treating the disease. The lawsuit alleges violations of the U.S. Constitution, the Americans with Disabilities Act and a federal law known as the Rehabilitation Act.
But in a motion filed Tuesday, the Department of Corrections argued that a judge should dismiss the allegations dealing with the Americans with Disabilities Act and the Rehabilitation Act.
In the motion, the department said the lawsuit includes a “fundamental defect — alleged improper medical treatment decisions cannot serve as the basis for claims under the Americans with Disabilities Act.” The department said treatment is being provided to the plaintiffs in the case.
“Thus, the true issue is what level of medical treatment is required under the Constitution, not whether plaintiffs are being discriminated against by the care being provided by the FDOC (Department of Corrections),” the motion said. “Plaintiffs’ attempt to impose a standard of care on the FDOC’s medical services through an ADA/RA cause of action is improper as suggested” by U.S. Supreme Court precedent.
Among the cases the department cited in the motion was a 2005 decision by the 11th U.S. Circuit Court of Appeals in a high-profile legal battle about removing the feeding tube of brain-damaged Florida woman Terri Schiavo. The department said the Schiavo decision backs up its argument that medical decisions cannot be the basis for claims under the Americans with Disabilities Act.
While Tuesday’s motion seeks dismissal of the prisoners’ arguments under the Americans with Disabilities Act and Rehabilitation Act, it does not request dismissal of the claim under the U.S Constitution’s Eighth Amendment, which bars cruel and unusual punishment.
by The News Service of Florida
More Rain For Monday
June 5, 2017
Here is your official North Escambia area forecast:
Monday: Showers and thunderstorms likely. Mostly cloudy, with a high near 86. Light southeast wind becoming south 5 to 10 mph in the morning. Chance of precipitation is 60%. New rainfall amounts between a half and three quarters of an inch possible.
Monday Night: Showers and thunderstorms likely, mainly after 1am. Cloudy, with a low around 71. Southeast wind around 5 mph. Chance of precipitation is 60%. New rainfall amounts between a quarter and half of an inch possible.
Tuesday: Showers and thunderstorms likely. Cloudy, with a high near 83. South wind around 5 mph becoming calm. Chance of precipitation is 70%.
Tuesday Night: A 50 percent chance of showers and thunderstorms. Cloudy, with a low around 68. North wind around 5 mph.
Wednesday: A 20 percent chance of showers and thunderstorms. Partly sunny, with a high near 85. North wind 5 to 10 mph.
Wednesday Night: Mostly clear, with a low around 63. North wind around 5 mph.
Thursday: Sunny, with a high near 84. North wind around 5 mph.
Thursday Night: Mostly clear, with a low around 64. North wind around 5 mph.
Friday: Sunny, with a high near 86.
Friday Night: Mostly clear, with a low around 67.
Saturday: A 20 percent chance of showers and thunderstorms. Mostly sunny, with a high near 87.
Saturday Night: Partly cloudy, with a low around 70.
Sunday: A 20 percent chance of showers and thunderstorms. Partly sunny, with a high near 86.
Molino Park Elementary Presents Pre-K To Second Grade Awards
June 5, 2017
Molino Park Elementary School presented the following year-end awards to students in grades Pre-K through second:
PRE-K AWARDS
Stellar Sunny Day Award
- Addison Blackburn
- Alexis Blackburn
- Savannah Borden
- Kyler Cayson
- Lola Chavers
- Ryleigh Crabtree
- Ella Gilmore
- Sydney Gilmore
- Charina Godwin
- Colton Herring
- Niyanna Hicks
- Shylee McElhannon
- Mady Madril
- Walker Maughon
- Audrina Miller
- Wyatt Mothershed
- Devine Papillion
- Emma Rockhill
- Emberly Settle
- Landyn Toombs
- Trinity Wenzel
Super Sunny Day Award
- Damon Andrews
- Daniel Andrews
- Colton Borelli
- Carter Chafin
- Luke Eady
- Parker Gilmore
- Connor Hiscutt
- Jeremy Jackson
- Rylee Kendall
- Brian Sanders
- Hunter Smith
Sunny Days
- Logan Brown
- Sawyer Brown
- Perfect Attendance
- Parker Gilmore
Most Books Read in Mrs.Hamric’s Class
- Addison Blackburn – 320
- Alexis Blackburn – 320
- Ryleigh Crabtree – 280
- Connor Hiscutt – 211
KINDERGARTEN AWARDS
Academic Achievement
- Abigail Adams
- Kaeden Chamness
- Presley Davey
- Hilde Davis
- Lillyth Dekker
- Joshua Douglas
- Brayden Edmonson
- Abigail Ednave
- Braelyn Enfinger
- Jackson Erickson
- Elam Fayard
- Chase Gilmore
- Kaylee Harris
- Trent Herring
- Si’arah Johnson
- Tessa Kendrick
- Greyson Maughon
- Kaylee Moore
- Logan Sanders
- Peyton Sapp
- Brenley Siu
- Zanylah Staten
- Skye Tanton
- Ryan Ward
- Lydia Weidenborner
Good Citizenship
- Davi-yon Abrams
- Abigail Adams
- Kameron Brown
- Kaeden Chamness
- Daneigh Clifford
- Preley Davey
- Hilde Davis
- Eli Davis
- Kaylee Davis
- Lillyth Dekker
- Joshua Douglas
- Brayden Edmonson
- Abigail Ednave
- Braelyn Enfinger
- Jackson Erickson
- Elam Fayard
- Chase Gilmore
- Jepp Godwin
- Shyne Hamilton
- Kaylee Harris
- Trent Herring
- Kamari Hutchinson
- Tessa Kendrick
- Greyson Maughon
- Kaylee Moore
- Makayla Morales
- Abby Nigam
- Logan Sanders
- Peyton Sapp
- Brenley Siu
- Zanylah Staten
- Skye Tanton
- Lydia Weidenborner
- Mileigh Weldon
- Payton Woodward
- Bailey Yuhasz
Academic Transformation
- Aila Davis
- Donovan Johnson
FIRST GRADE
A Honor Roll
- Landon Brown
- Ruby Driver
- Carmen Garcia
- Nicole Garcia
- Presley Spikes
- Alena Staneart
A/B Honor Roll
- Aadan Adams
- Addysen Bolen
- Gracyn Campbell
- Rahanna Chiles
- Alyssa Creel
- Chris Croll
- Jakob Cutting
- Gabe Finlay
- Jordyn Gibbs
- Jayben Gibson
- Kensee Gibson
- Conner Goetter
- Jaylie Hall
- Brylee Hassebrock
- Valerie Hassebrock
- Kristopher Hawthorne
- Aubrey Jacobi
- Omar Jacobs
- Morgan Jenkins
- Emily Maughon
- Tristan Norton
- Danika Payne
- Maximus Ridgley
- Tucker Scully
- McKinley Shoemo
- Wyatt Sisson
- Tucker Spruill
- Gavin Switzer
- Braelyn Wiley
Perfect Attendance
- Marc Arnold
- Brylee Hassebrock
Good Citizenship
- Aadan Adams
- Jordan Allen
- Addysen Bolen
- Landon Brown
- Halee Burkett
- Gracyn Campbell
- Hunter Chance
- Rahanna Chiles
- Alyssa Creel
- Jakob Cutting
- Ruby Driver
- Devyn Dyer
- Carmen Garcia
- Nicole Garcia
- Jordyn Gibbs
- Kensee Gibson
- Conner Goetter
- Jaylie Hall
- Jackson Hallford
- Brylee Hassebrock
- Kristopher Hawthorne
- Aubrey Jacobi
- Aiden Leger
- Jidecah Lowe
- Kimree Martin
- Emily Maughon
- Tristan Norton
- Danika Payne
- Brody Ragsdale
- Maximus Ridgley
- Wyatt Sisson
- Tucker Spruill
- Alena Staneart
- Braelyn Wiley
- Abigail Williams
- Connor Wiltbank
- Tucker Scully
- McKinley Shoemo
- Presley Spikes
Most Improved
- Addie Adams
- Devlyn Bullard
- Jidecah Lowe
SECOND GRADE
A Honor Roll
- Jayden Arredondo
- Tristan Buck
- Brielle Garcia
- Khloe Gibson
- Savannah Gilmore
- Addison Parsons
A/B Honor Roll
- D’Marcus America
- Samuel Ard
- Aunaleah Arredondo
- Camden Borelli
- Asher Creighton
- Dalton Davidson
- Aidden Edmonson
- Jagger Etheridge
- Katy Galloway
- Savannah Gilmore
- Cooper Halfacre
- Landen Harris
- Taylor Hart
- Shelby Jarrell
- Emily Johnson
- Laedin Jordan
- Auric Leithe
- Chelsea Mace
- Addie Manning
- London McAnally
- John Parker Miller
- Aydan Nigam
- Grace Oliver
- Addi Pitts
- Zamari Reed
- Elias Ridgley
- Addie Salmon
- Ethan Thompson
- Rayna Thompson
- Daniel Tourney
- Charlie Walters
- Christian Ward
- Brooklynn White
- Brinleigh Woodward
Perfect Attendance
- Camden Borelli
- Elijah Crites
Good Citizenship
- Aunaleah Arredondo
- Jayden Arredondo
- Kaiden Barfield
- Grace Barraclough
- Tristan Buck
- Cortez Chambers
- Asher Creighton
- Dalton Davidson
- Morgan DriverKaty Galloway
- Brielle Garcia
- Khloe Gibson
- Haydon Gulsby
- Cooper Halfacre
- Emily Johnson
- Nicholas Kahalley
- Lacie Kittrell
- Chelsea Mace
- Lizzie Madden
- McKinsey Mayne
- John Parker Miller
- Emily Moraes
- Aydan Nigam
- Grace Oliver
- Addison Parsons
- Addi Pitts
- Zamari Reed
- Elias Ridgley
- Ethan Thompson
- Daniel Tourney
- Brooklyn White
- Brinleigh Woodward
Most Improved
- Annabella Grant
- Lacie Kittrell
- Ali Langley
- John Thompson
FDOT: Weekly Traffic Alerts
June 5, 2017
Drivers will encounter traffic variations on the following state roads in Escambia and Santa Rosa counties as crews perform construction and maintenance activities.
Escambia County:
· U.S. 98 Road Closure between A Street and Tarragona Street for Festivities- U.S. 98 will be closed between A Street and Tarragona Street from 5:30 p.m. to 11 p.m. Friday, June 2 for the Pen Air Grand Fiesta Parade. Law enforcement assist with traffic control.
· Interstate 10 (I-10)/U.S. 29 Interchange Improvements Phase I- Drivers will encounter the following traffic impacts on I-10 near the U.S. 29 interchange (Exits 10A and 10B) from 8 p.m. to 6 a.m. Sunday, June 4 through Thursday, June 8 as crews perform paving and shoulder work.
o Alternating lane closures on I-10 eastbound.
o The U.S. 29 north to I-10 westbound ramp will be closed. Traffic will be detoured north to make a U-turn at Broad Street to access I-10 westbound.
o The U.S. 29 south to I-10 eastbound ramp will be closed. Traffic will be detoured south to make a U-turn at Diamond Dairy Road to access I-10 eastbound.
· S.R. 30 (U.S. 98) Pensacola Bay Bridge Replacement – The U.S. 98 westbound, right lane will be closed on either side of the 17th Avenue intersection from 8 p.m. to 5 a.m. Monday, June 5 through Friday, June 10. Tuesday, June 9 the lane restriction will take place from11 p.m. to 5 a.m. Crews will be constructing a vehicle refuge area so that damaged or disabled vehicles may be removed from the Pensacola Bay Bridge.
· N Palafox Street (U.S. 29) Underground Utility Work from Lurton Street to Hickory Street- Southbound lane closure from 8 p.m. Monday, June 5 to 6 a.m. Tuesday, June 6 as crews test and make repairs to manholes.
· I-10 Widening from Davis Highway (S.R. 291) to the Escambia Bay Bridge- Alternating lane closures on Scenic Highway (U.S. 90), between Whisper Way and Northpointe Parkway, from 7 p.m. to 6:30 a.m. Monday, June 5 through Thursday, June 8 as crews perform paving work.
· County Road 4 Routine Bridge Inspection over Canoe Creek- Alternating lane restrictions, Tuesday, June 6 to 8 a.m. to 11 a.m. as crews perform a routine bridge inspection.
· Nine Mile Road (from Beulah Road to Pine Forest Road) Widening – Salt Grass Drive will be closed from 5 a.m. Wednesday, June 7 to 8 p.m. Thursday, June 8 as crews relocate utilities.
· Creighton Road (State Road (S.R.) 742) Construction Improvement Project from east of Davis Highway to Scenic Highway – Intermittent and alternating lane closures between 9th Avenue and Scenic Highway from 8:30 p.m. to 5:30 a.m. continues as crews perform sidewalk repairs and Americans with Disabilities Act upgrades.
· I-10 over Pine Forest (S.R. 297) Routine Maintenance- Westbound, right lane closed at Pine Forest Road from 8 p.m. Wednesday, June 7 to 5 a.m. Thursday, June 8 as crews make repairs to roadway.
· Road Ranger Service Patrol on the Pensacola Bay Bridge – Service patrol vehicles will be stationed on each of the bridges between 5 a.m. and 8 p.m., Monday through Friday, and between 7 a.m. and 10 p.m. on weekends and major holidays. At other times, at least one unit will be on-call and available to respond within 30 minutes. Road Ranger assistance on the Pensacola Bay Bridge will be available by dialing the Florida Highway Patrol at *FHP (*347).
· U.S. 29 (S.R. 95) Widening from I-10 to Nine Mile Road- Alternating lane closures continue from 8 p.m. to 6 a.m. on U.S. 29 between I-10 and 9 1/2 Mile Road and on Nine Mile Road near the U.S. 29/ Nine Mile Road overpass as crews perform drainage and bridge operations.
· Nine Mile Road (S.R. 10/U.S. 90A) Widening from Pine Forest Road to U.S. 29- Alternating lane closures continue on Untreiner Avenue as crews perform jack and bore operations.
Santa Rosa County
· I-10 Widening from Escambia Bay Bridge to Avalon Boulevard (S.R. 281) – Alternating lane closures on I-10 from the Escambia Bay Bridge to just east of S.R. 281 (Avalon Boulevard/Exit 22) from 8 p.m. to 6 a.m. Sunday, June 4 through Thursday, June 8 as crews continue widening work. In addition, alternating lane closures on Avalon Boulevard near the I-10 interchange during this time as crews reconstruct the Avalon Boulevard overpass.
· I-10 Resurfacing from east of S.R. 87 to the Okaloosa County Line- Intermittent and alternating closures between the S.R. 87 interchange (Exit 31) and the Okaloosa County line from 8 p.m. to 6 a.m. Sunday, June 4 through Thursday, June 8 as crews perform paving operations. Motorists are reminded the speed limit is reduced to 60 MPH within the lane closure.
· I-10 over S.R. 87 Routine Bridge Maintenance- East and westbound lane restrictions from 8 p.m. Monday, May 22 to 5 a.m. Tuesday, May 23 as crews perform routine bridge maintenance.
· S.R. 87 Multilane from Eglin AFT Boundary to Hickory Hammock Road-(County Road 184) -Traffic between County Road 184 (Hickory Hammock Road) and the Eglin AFB boundary is restricted to loads under 11-feet wide. The restriction will be in place through the completion of the project.
Drivers are reminded to use caution, especially at night, when traveling through the construction zone, and to pay attention for workers and equipment entering and exiting the work area. All activities are weather dependent and may be delayed or rescheduled in the event of inclement weather.
Saturday Driver’s License Road Tests Available
June 5, 2017
Scott Lunsford, Escambia County Tax Collector, announces that Saturday road testing services will be available by appointment only on June 24 beginning at 8 a.m. at his Marcus Pointe location, 6451 North “W” Street. This service will provide road testing to new drivers seeking a Class E license as well as drivers in need of re-examination. Applicants under the age of 18 must have had their learner’s permit for a minimum of six months to be eligible to take the road test. No medical, extended road tests or other services will be available.
“I am excited to offer, for the first time, Saturday road testing for busy families. School will be back in before we know it, and offering this service will provide additional opportunities for scheduling at a more convenient time,” Lunsford said. “This is all about serving our customers well and fulfilling our vision to promote world-class customer service.”
Appointments for this special Saturday road testing must be scheduled and paid for in advance through the tax collector’s call center. Payment can be made via electronic check, credit or debit card, and a convenience fee may apply. It is expected that appointments to fill up quickly. Customers are encouraged to to schedule early. To make a Saturday appointment, call (850) 438-6500, ext. 3252.
Blue Wahoos Hold On For 3-2 Win Over BayBears
June 5, 2017
Pensacola Blue Wahoos closer Jimmy Herget turned in his longest outing this season, throwing 2.2 scoreless innings for his Southern League-leading 15th save.
Herget protected a one-run lead as the Blue Wahoos held on for a, 3-2, victory Sunday over the Mobile BayBears in Hank Aaron Stadium.
T
he Blue Wahoos improved to 32-24 and with the Biloxi Shuckers loss Sunday took a two-game lead in the race for the Southern League South Division. The club is now 9-12 in one-run games this year.
Herget allowed one hit, one walk and struck out three. He now has 15 saves in 17 attempts and has struck out 41 batters in 28.1 innings. He is 1-2 with a 1.59 ERA.
Pensacola ace Tyler Mahle pitched 6.1 scoreless innings before Mobile tagged him for two runs in the seventh. Mahle got the first out of the seventh inning and then gave up singles to Mobile second baseman David Fletcher and center field Forrest Allday who both scored when BayBears first baseman Zach Houchins hit his 12th double of the season to make it a, 3-2, game.
Pensacola reliever Geoff Broussard came in and hit Wade Wass, a former Catholic High School player, with a pitch to put runners on first and second. He was then replaced by Herget, who got third baseman Andrew Daniel to fly out to left field to move Houchins and Wass to second and third. Herget intentionally walked left fielder Tim Arakawa to load the bases. But Herget got the final out of the seventh inning when he got shortstop Alberto Triunfel to hit into a force out to end the scoring threat.
Mahle improved to 7-2 on the season and dropped his ERA to 1.66. The 22-year-old right-hander struck out three batters and now has 75 on the season, which ties him for second in the Southern League.
Pensacola went ahead, 1-0, when second baseman Alex Blandino smacked his 14th double of the season to center field to score first baseman Angelo Gumbs, who reached on an error.
In the sixth inning, Aristides Aquino smashed his eighth homer of the season to put Pensacola ahead, 2-0. Blandino made it, 3-0, then hit his 15th double of the season to right field with two outs to score Gumbs, who walked.
Aquino has reached base in 20 straight games or since May 14. During the streak, the 22-year-old, who MLB Pipeline.com ranks as the sixth best prospect in the Cincinnati Reds organization, has four home runs, 16 RBIs and is 24-73 or hitting .328.
Katie Ruth Daniel
June 5, 2017
Mrs. Katie Ruth Daniel, 78, passed away on Thursday, June 1, 2017, in Atmore, Alabama.
Mrs. Daniel was a native of Uriah, AL and had resided in Atmore, AL for most of her life. She was a loving wife, mother, grandmother and great-grandmother. She was a member of the Brooks Memorial Baptist Church.
She is survived by her husband of 57 years, Cecil Daniel of Atmore, AL; son, Cereal (Karen) Daniel of Atmore, AL and their children, Ryan and Cindy Daniel of Lumberton, TX and Chelsea and Matthew George of Merritt Island, FL and great-grandchild, Hudson Daniel; son, Paul (Lisa) Daniel of Atmore, AL and their children, Cody and Whitley Daniel of Excel, AL, Brittany Flowers of Nokomis, AL, Lindsey and Tanner Bosarge of Bermuda, AL, Jon Cody of Pace, FL and Amanda and Steven Dieterle of Navarre, FL and great-grandchildren, Caelam Daniel, Charlee Flowers, Cambree Flowers, Dominic Cranston and Anna Belle Dieterle; son, Sam (Jennifer) Daniel of Holtville, AL and their children, Catie Lynn Daniel and Hannah Daniel; one brother, Richard Stafford of Winder, GA; six sisters, Sadie Ruth Wilson of Bay Minette, AL, Mary Nelson of Winder, GA, Barbara Poteat of North Carolina, Shirley Payne of North Carolina, Kathy Owens of Eastman, GA and Susie Corckett of Newman, GA.
Funeral services were held Sunday, June 4, 2017, at the Petty-Eastside Chapel Funeral Home with Rev. Ricky Tedder, Rev. James Boyd and Rev. Robert Herd officiating.
Burial will follow at the Oak Hill Cemetery.
Pallbearers were Ryan Daniel, Cindy Daniel, Matthew George, Chelsea George, Cody Daniel, Whitley Daniel, Catie Lynn Daniel and Hannah Daniel.
Honorary pallbearers were the Willing Workers Sunday School Class.
Petty-Eastside Chapel Funeral Homes is in charge of all arrangements.
Barbara Nan Robinson Eddins
June 5, 2017
Barbara Nan Robinson Eddins, 81, greeted her Lord and Savior Jesus Christ on Friday, June 2, 2017.
She was a wonderful, devoted wife and mother who always gave of herself. She lovingly supported her children and grandchildren in all of their sports and other activities. Her relationship with her Savior was evident in everything she did. Anyone who knew her or met her instantly knew that she loved her Lord and served him faithfully. Barbara also loved her friends in the Jordan Connect Group at Hillcrest Baptist Church.
She is survived by her loving husband of 62 years, Everett Eddins; her children, Bill Eddins, Lori Eddins, and Robyn (Jeff) Hoffman. She is also survived by her grandchildren, Bridgett (Jeff) Wilkins, Billy Eddins, Jared and Trevor Hoffman; two great-grandchildren, Luke and Aubrey Wilkins; and a very loved extended family including nieces, nephews, in-laws, and cousins.
She was preceded in death by her parents, Beulah and Bodie Robinson and her brother, Randall Robinson.
Visitation will be held at Pensacola Memorial Gardens Funeral Home on Wednesday, June 7, 2017, from 5 p.m. until 7 p.m.
Funeral services will be held Thursday, June 8, at 1 p.m. at Pensacola Memorial Gardens Funeral Home, followed by interment in Pensacola Memorial Gardens.
In lieu of flowers, a donation may be sent to Friends of the Escambia County Animal Shelter (ecasfriends@gmail.com).
Wrong Way Driver Wrecks In Post Office Parking Lot
June 4, 2017
There were no injuries when a driver wrecked in the parking lot of a local post office early Sunday morning.
The driver apparently lost control just before 1 a.m. in the 1400 block of Old Chemstrand Road, struck a “Do Not Enter” sign and two curbs before coming to rest in the parking lot of the Gonzalez Post Office. He refused medical treatment at the scene.
‘The Cantonment Station of Escambia Fire Rescue, Escambia County EMS, Escambia County Sheriff’s Office and the Florida Highway Patrol responded to the crash.
Further information has not been released.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Traffic Alert: Delays On Highway 4 At Canoe Creek For Tuesday
June 4, 2017
Drivers can expect delays Tuesday morning on Highway 4 over Canoe Creek, between Bratt and Byrneville.
There will be alternating lane restrictions from 8 a.m. until 11 a.m. for a routine bridge inspection. Drivers are reminded to use caution when traveling through the area and be alert for workers and equipment.