alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR

. R. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limit ed circumstances set forth in 5 TH C IR

. R. 47.5.4. UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 98-40829

Summary Calendar

_________________

SHANNON DUBRUL,

Plaintiff-Appellant,

versus

RAINS COUNTY, TEXAS; ET AL,

Defendants

DAVID TRAYLOR, Individually and in official capacity; RICHARD

WILSON, Individually and in official capacity,

Defendants-Appellants.

Appeal from the United States District Court

for the Eastern District of Texas

(6:98-CV-28)

March 12, 1999

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Officer David Traylor and Sheriff Richard Wilson appeal the district court’s order denying

their motion for summary judgment. In their motion, they assert the defense of qualified immunity

against Shannon Dubrul’s false arrest claim.

We review de novo the denial of a motion for summary judgment predicated on qualified

immunit y. See Jones v. Collins, 132 F.3d 1048, 1052 (5th Cir. 1998). We initially must determine

if there was a violation of a constitutional right under current law. See id. If we find a violation of

a constitutional right under current law, then we mus t decide whether the constitutional right was-2-

clearly established at the time of the alleged misconduct, and, if so, whether the defendant’s conduct

was objectively reasonable in light of it. See id.

We have held that in the false arrest context a magistrate’s issuance of a facially valid arrest

warrant “breaks the chain of causation unless it can be shown that the deliberations of the [magistrate]

. . . were in some way tainted by the actions of the defendant.” H and v. Gary, 838 F.2d 1420, 1428

(5th Cir. 1988). Breaking the causal chain shields the defendant from liability. S ee id. at 1427. The

defendant taints the magistrate’s deliberations only when he has engaged in misconduct that exceeds

mere negligence. See Sanders v. English, 950 F.2d 1152, 1159-60 (5th Cir. 1992).

Traylor and Wilson have established that Traylor arrested Dubrul pursuant to a facially valid

arrest warrant. They therefore are entitled to summary judgment unless Dubrul has pro duced

evidence sufficient to find that Traylor tainted the magistrate’s deliberations. See Taylor v. Gregg,

36 F.3d 453, 457 (5th Cir. 1994). Dubrul has failed to carry her summary judgment burden.

Accordingly, we REVERSE the district court’s denial of the motion for summary judgment,

GRANT summary judgment to Traylor and Wilson , and REMAND to district court for further

proceedings.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7265

TIMOTHY A. COBB, Petitioner - Appellant, versus DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent - Appellee.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-99-1965) Submitted: January 10, 2001 Decided: January 18, 2001Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Timothy A. Cobb, Appellant Pro Se. Rick Randall Linker, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Timothy A. Cobb appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny Cobb’s motion forleave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district court. See Cobb v. Director, Va. Dep’t of Corr. , No. CA-99-1965 (E.D. Va. Aug. 29, 2000). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
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August 12,2010 

Office ofConsumer Information and Insurance Oversight 

Department of Health and Human Services 

Attention: OCIIO-9991-IFC 

P.O. Box 8016 

Baltimore, MD 21244--1850 

Re: Interim Final Rule for Group Health Plans and Health Insurance Coverage Relating to 

Status as a Grandfathered Health Plan Under the Patient Protection and Affordable Care Act 

Below are my comments regarding the Interim Final Rule for Group Health Plans and Health 

Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the Patient 

Protection and Affordable Care Act (PPACA). 

I believe that every effort should beiUade t~ increa'se the number of individuais covered by 

PP ACA, especially as ofJanuary 1, 2014 when most ofthe reform components (Insurance 

Exchanges, Subsidies, Tax Credits, etc.) come into play. 

The average consumer has a broad definition of "benefits." Consumers view their health plan 

beyond the covered benefits, cost sharing, and the contribution levels associated with the plan. 

It is my opinion that the Rule may still result in some confusion to the marketplace in its 

application. For example, if an employer raised the copayment level beyond the maximum in one 

area (i.e. outpatient services) but retained the copayment level for primary care doctor visits, 

does that mean a loss of grandfather status? Clarity will be critical both for the employer and the 

employee:' ; . ' , 

, Even by the most optimistic estimates, a substantial portion ofthe employee population will 0 

remain outside the PPACA as ofJanuary 2014 based on the current rules. While I understand the 

difficulty involved in making change, creating another large sub-population of excluded 

individuals will only add to costs, increase confusion, and mitigate the potential impact ofthe 

legislation. 

The Rule needs to be clear, reasonable, and with no ambiguities involved in determining whether 

a group health plan is "in or out." The de'dsi"onsihe federal government'makes today willdetermine the outcomes for tomorrow. We may need to make some difficult decisions to create 

a sustainable health care system that will support a growing economy in the future. That means 

getting as many citizens across the country participating at the beginning to make it work and 

delivering on its promises to retain their support. 

Thank you for the opportunity to comment on this regulation 

DR.Thdroas J. Lindstrom
EXHIBIT 32.2



CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED

PURSUANT TO §906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the annual report of Spire Corporation (the Company) on Form 10-KSB (the Report) for the year ended December
31, 2004 as filed with the Securities and Exchange Commission on the date hereof, I, James F. Parslow, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of
2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |     |  |                        
|--------------------- |  | --- |  | -----------------------
|Dated: March 31, 2005 |  | By: |  | /s/ James F. Parslow   
|                      |  |     |  | James F. Parslow       
|                      |  |     |  | Chief Financial Officer



A signed original of
this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic version of this written statement required by Section 906, has been
provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
H. Res. 311

In the House of Representatives, U.S.,

December 12, 2001.

Resolved, That upon the adoption of this resolution it

shall be in order without intervention of any point of order

to consider in the House the bill (H.R. 3295) to establish a

program to provide funds to States to replace punch card voting systems, to establish the Election Assistance Commission

to assist in the administration of Federal elections and to

otherwise provide assistance with the administration of certain Federal election laws and programs, to establish minimum election administration standards for States and units

of local government with responsibility for the administration

of Federal elections, and for other purposes. The bill shall be

considered as read for amendment. The amendment recommended by the Committee on House Administration now

printed in the bill, modified by the amendment printed in the

report of the Committee on Rules accompanying this resolution, shall be considered as adopted. The previous question

shall be considered as ordered on the bill, as amended, to

final passage without intervening motion except: (1) one hour
2

•HRES 311 EH

of debate on the bill, as amended, equally divided and controlled by the chairman and ranking minority member of the

Committee on House Administration; and (2) one motion to

recommit with or without instructions.

Attest:

Clerk.
IV

107TH CONGRESS

1ST SESSION H. RES. 67

Recognizing the importance of combatting tuberculosis on a worldwide basis,

and acknowledging the severe impact that TB has on minority populations in the United States.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 27, 2001

Mr. REYES (for himself and Mr. RODRIGUEZ) submitted the following resolution; which was referred to the Committee on International Relations,

and in addition to the Committee on Energy and Commerce, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

RESOLUTION

Recognizing the importance of combatting tuberculosis on

a worldwide basis, and acknowledging the severe impact

that TB has on minority populations in the United

States.

Whereas tuberculosis is a horrible disease that is preventable

and treatable;

Whereas one third of the world’s population is infected with

the TB bacteria, including between 10 and 15 million

people in the United States;

Whereas someone in the world dies of TB every 15 seconds;
2

•HRES 67 IH

Whereas TB will kill more people this year than any other

year in history;

Whereas TB rates are substantially higher for minorities in

the United States;

Whereas African Americans suffer from TB at a rate that is

eight times greater than that of Caucasians, Latinos at

six times greater, Native Americans at five times greater

and Asians at a rate of nearly fifteen times greater;

Whereas a substantial number of States have TB rates above

the national average, the highest rates being found in

Texas, Hawaii, California, Alaska, Florida, Georgia, and

New York;

Whereas the increased threat of TB emerging in the United

States is an unavoidable byproduct of increased international travel, commerce, and migration;

Whereas leading TB experts agree that in order to control

TB in the United States, it is necessary to control TB

in the developing countries that contribute the vast majority of the global TB burden and are the destination of

tens of thousands of American visitors each year; and

Whereas it is possible to control tuberculosis worldwide, as

the global community eradicated smallpox and may soon

eradicate polio, if the worldwide political will to do so is

found: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) recognizes the importance of substantially

3 increasing United States investment in international

4 tuberculosis control within the foreign aid budget for

5 fiscal year 2002;
3

•HRES 67 IH

1 (2) recognizes the importance of supporting and

2 expanding domestic efforts to eliminate TB in the

3 United States; and

4 (3) calls upon local, national and global leaders,

5 including the President of the United States, to

6 commit to putting an end to the worldwide TB epi7 demic.

Æ
From: Randy Skinner

To: E-OHPSCA1251.EBSA

Subject: Grandfathered Health Plan Question

Date: Monday, July 12, 2010 2:37:41 PM

For Association plans regarding altering annual benefits, how would the proposed grandfathered

status regulations be administered for an association plan who has multiple plan choices, or

employers within the plan can choose between benefit plans. Would there be any risks of losing

grandfathered status if plans were altered or added, yet employers within the association moved

to other existing plan choices on their own will?

Also for decreasing the employer contribution rate, what if employers within the association

change the rate by 5%, but a small minority. Would the association plan risk losing the

grandfathered status if 5%, 10%, 20%, etc. of it’s employer members altered their contribution

levels for example.
From: Cecilia Hock

To: E-OHPSCA2713.EBSA

Subject: Thank you for supporting birth control access for all women

Date: Tuesday, August 02, 2011 5:23:00 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

Dear Ms. Sebelius and the HHS Team,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

Thank you for prioritizing women's basic health care needs.

Sincerely,

Cecilia Hock

6058 Canal Blvc

New Orleans

Sincerely,

Cecilia Hock

6058 Canal Blvd

New Orleans, LA 70124
Exhibit
      32.2




**CERTIFICATION
        OF CHIEF FINANCIAL OFFICER**
 **PURSUANT
        TO 18 U.S.C. SECTION 1350**
 **AS
        ADOPTED PURSUANT TO**
 **SECTION
        906 OF THE SARBANES-OXLEY ACT OF 2002**
 
 
 In
        connection with the Quarterly Report of Brigham Exploration Company
        (the"Company") on Form 10-Q for the period ending June 30, 2005 as filed
        with
        the Securities and Exchange Commission on the date hereof (the "Report"),
        I,
        Eugene B. Shepherd, Jr., Executive Vice President and Chief Financial Officer,
        certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
        906
        of the Sarbanes-Oxley Act of 2002, that:
 
 (1)
              The
                  Report fully complies with the requirements of Section 13(a) or
                  15(d) of
                  the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
                  and
  (2)
              The
                  information contained in the Report fairly presents, in all material
                  respects, the financial condition and results of operations of
                  the
                  Company.
 
  Dated:
                  August 5, 2005
              /s/
                  EUGENEB.
                  SHEPHERD,
                  JR.Eugene
                  B. Shepherd, Jr.Executive
                  Vice President and Chief Financial
                  Officer
   This
        certification shall not be deemed to be "filed" for the purpose of Section
        18 of
        the Securities Exchange Act of 1934, as amended, and will not be incorporated
        by
        reference into any registration statement filed under the Securities Act
        of
        1933, as amended, unless specifically identified therein as being incorporated
        therein by reference.
 
 A
        signed
        original of this written statement required by Section 906, or other document
        authenticating, acknowledging, or otherwise adopting the signature that appears
        in typed form within the electronic version of this written statement required
        by Section 906, has been provided Brigham Exploration Company and will be
        retained by Brigham Exploration Company and furnished to the Securities and
        Exchange Commission or its staff upon request.
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<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                            2414
<SECURITIES>                                         0
<RECEIVABLES>                                        7
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  2421
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<CURRENT-LIABILITIES>                              106
<BONDS>                                              0
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<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                        2315
<TOTAL-LIABILITY-AND-EQUITY>                      2421
<SALES>                                              0
<TOTAL-REVENUES>                                   143
<CGS>                                                0
<TOTAL-COSTS>                                       17
<OTHER-EXPENSES>                                   398
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<DISCONTINUED>                                       0
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<CHANGES>                                            0
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<EPS-DILUTED>                                    (.62)
        

</TABLE>