alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals
**For the Eighth Circuit**

___________________________

No. 23

- 1557

___________________________

Harold Moses Covert

Plaintiff - Appellee

v.

James Plummer, Captain (Originally named J Plummer); Ma r y Lloyd, Lieutenant (Originally names M Lloyd); Laquista Swopes, Sergeant (Originally named L Swopes)

Defendants - Appellants

Hampton, Sergeant

Defendant

____________ Appeal from United States District Court for the Ea stern District of Arkansas - Central

____________

Submitted: August 2, 2023 Filed: August 18, 2023 [Unpublished]

____________

Before LOKEN

, ERICKSON , and STRAS , Circuit Judges.

____________

PER CURIAM.-2- P rison guards searched Harold Covert’s cell right after he called a tipline to report drug activity. Although t heir comments suggested the search was not a
coincidence

, we reverse the denial of summary judgment because qualified immunity applies. See Morgan v. Robinson , 920 F. 3d 521, 523 (8th Cir. 2019) (en banc) (reviewing a district court’s summary- judgment determination de novo).

Only when a right is clearly established do officers lose the protection of qualified immunity. See id. For a right t o meet that standard , it must have been “clear,” to “a high degree of specificity,” that the officers’ actions w ere “ unlawful in the situation [they] confronted .” District of Columbia v. Wesby , 138 S. Ct. 577, 590 (2018) ( citations omitted ).

Even assuming the officers violated Covert’s constitutional rights

, “existing precedent ” did not place it “ beyond debate.” Ashcroft v. al

- Kidd , 563 U.S. 731, 741 (2011). A First Amendment retaliation claim requires an “adverse action

. . . that would chill a person of ordinary firmness from continuing.” Molina v. City of St.
Louis , 59 F.4th 334, 338 (8th Cir. 2023) (alteration in original) (citation omitted).
There is no case or “robust consensus

. . . of persuasive authority” that would have
put the officers on n otice that a one

- time cell search violated the F irst Amendment

. Wesby , 138 S. Ct. a t 590 ( citation omitted ) ; c f. Scher v. Engelke , 943 F.2d 921, 923

– 24 (8th Cir. 1991) (holding that ten retaliatory searches over nineteen days, th ree of which “left the cell in disarray,” could be a violation). And it is far from “obvious,” Wesby

, 138 S. Ct. at 590 ( citation omitted ), that a sing le search would chill an inmate’s speech to that degree

. They are, after all, a routine part of prison life and “essential” to security. Hudson v. Palmer , 468 U.S. 517, 529 (1984).

In short

, the search was not clearly unconstitutional even if Covert ’s call was the reas on for it . We accordingly reverse the district court and remand for the entry of summary judgment.

______________________________
[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Page 14962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7541]


-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

Agency Holding the Meeting:  Commodity Futures Trading Commission.

Time and Date: 2 p.m., Wednesday April 15, 2009.

Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

Status: Closed.

Matters To Be Considered: Enforcement matters.

Contact Person for More Information: Sauntia S. Warfield, 202-418-5084.

Sauntia S. Warfield,
Staff Assistant.
[FR Doc. E9-7541 Filed 3-31-09; 4:15 pm]
BILLING CODE 6351-01-P
----

----

| To:    | United States Securities and Exchange Commission        |   |
|--------|---------------------------------------------------------|--------|
|   |                                                    |   |
| Re:    | Great Panther Silver Limited(the “Company”) |   |
|   | Annual Report on Form 40-F                              |   |
|   | Consent of Expert                                       |   |

| ·   | the use of my name in connection with my involvement in the preparation of the technical report entitled NI43-101 Report on the Guanajuato Mine Complex Mineral Resource Estimation for the Guanajuatito, Valenciana, Cata, Los Pozos, Santa Margarita, San Cayetano & Promontorio Zones, as of July 31st, 2013 and dated November 26, 2013 (the “Technical Report”); |
|--------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| ·   | references to the Technical Report, or portions thereof, in the Annual Information Form and the MD&A; and |
|--------------------|---------------------------------------------------------------------------------------------------------------|

| ·   | the inclusion and incorporation by reference of the information derived from the Technical Report in the Annual Report and the MD&A. |
|--------------------|------------------------------------------------------------------------------------------------------------------------------------------|

| Dated the 7th day of March, 2014 |   |
|---------------------------------------|--------|
|                                  |   |

----

----
EXHIBIT 32.1

   CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I,  David  Zaikin,  certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906  of  the  Sarbanes-Oxley Act of 2002, that the Annual
Report  of  Siberian  Energy Group Inc. on Form 10-KSB for the fiscal year ended
December 31, 2004 fully complies with the requirements of Section 13(a) or 15(d)
of  the  Securities  Exchange Act of 1934 and that information contained in such
Form 10-KSB fairly presents in all material respects the financial condition and
results  of  operations  of  Siberian  Energy  Group  Inc.

                   By:/s/ David Zaikin
                   --------------------------
                   Name: David Zaikin
                   Title: Chief Executive Officer

March 28, 2005


<PAGE>
Exhibit 32.2

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with this Annual Report of Green Star Alternative Energy, Inc. (the "Company") on Form 10-K for the fiscal year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jesse M. De Castro, 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 result of operations of the Company.



|/s/ Jesse M. De Castro 
|-----------------------
|                       
|Jesse M. De Castro     
|Chief Financial Officer
|February 16, 2010
psn-ex1060_1089.htm



Exhibit 10.60

Fourth Amendment to the
PARSONS EMPLOYEE STOCK OWNERSHIP PLAN
2019 Amendment and Restatement

The Parsons Employee Stock Ownership Plan 2019 Amendment and Restatement (as amended, the “Plan”) is hereby amended as follows, in each case, effective as of the dates indicated below:


	
1.
	
With respect to initial distribution requests, effective March 1, 2021, Section 8.2 of the Plan is hereby amended to replace, in each instance, “$20,001” with “$500,001”. 





	
2.
	
With respect to initial distribution requests, effective March 1, 2021, Section 8.2 of the Plan is hereby amended to replace, in each instance, “$40,000” with “$750,000”.





	
3.
	
Effective July 1, 2021, the amendments to the thresholds for installment distributions described above shall be implemented with respect to all Participants who previously elected to receive installment distributions. Each Participant who previously elected installment distributions and has, prior to July 1, 2021, received payment of at least one installment, but who has not received full payment of their Account balance shall have the opportunity to elect, prior to May 31, 2021, to continue to receive installment payments in accordance with the Participant’s existing payment election. Any such Participant who does affirmatively elect to continue to receive payments in accordance with their existing installment payment election prior to May 31, 2021 shall continue receiving subsequent installments in the anniversary month of their initial distribution. Any such Participant who does not affirmatively elect to continue to receive payments in accordance with their existing installment payment election prior to May 31, 2021 shall, to the extent applicable, (i) receive an additional distribution on or about July 15, 2021 equal to the amounts that would have been distributed prior to that date if the amended thresholds for installment distributions described above had been in effect at the time of the Participant’s initial distribution request and (ii) have the number of remaining installment payments reduced to match the number of installments the Participant could have elected if the amended thresholds for installment distributions described above had been in effect at the time of the Participant’s initial distribution request.  




[Signature page follows.]





 


	

	
IN WITNESS WHEREOF, this instrument of amendment is executed this ______ day of February, 2021.




PARSONS CORPORATION

By: 

Name: 

Title: __________________________________

 

 

 

 

 

 

 

 

 

 

Signature Page to the Fourth Amendment

to the Parsons Employee Stock Ownership Plan

2019 Amendment and Restatement
EXHIBIT 32.3


CERTIFICATION PURSUANT TO


18 U.S.C. 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of BRAZIL GOLD CORP. (the "Company") on Form 10-K for the period ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, J. Roland Vetter, Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





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





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











Date: October 18, 2010








By:           /s/ J Roland Vetter


Name:J Roland Vetter, Chief Financial Officer, principal financial officer, and principal accounting officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         124,382
<SECURITIES>                                     1,000
<RECEIVABLES>                                   36,955
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               162,337
<PP&E>                                       3,943,835
<DEPRECIATION>                               1,486,342
<TOTAL-ASSETS>                               2,619,830
<CURRENT-LIABILITIES>                            8,639
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,611,191
<TOTAL-LIABILITY-AND-EQUITY>                 2,619,830
<SALES>                                              0
<TOTAL-REVENUES>                               338,087
<CGS>                                                0
<TOTAL-COSTS>                                  124,393
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                213,694
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            213,694
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   213,694
<EPS-PRIMARY>                                     7.83
<EPS-DILUTED>                                     7.83
        

</TABLE>
700 Louisiana

Suite 1700

Houston, TX 77002

+1 713 546 5000 tel

+1 713 224 9511 fax

WEIL:\95570402\1\99995.5434

December 18, 2015 

Alfredo R Pérez

+1 (713) 546-5040

alfredo.perez@weil.com

Abel Acosta 

Court of Criminal Appeals 

Supreme Court Building 

201 West 14th Street, Room 106 

Austin, Texas 78701 

Re: The State of Texas v. Larry Ray Swearingen, No. AP-77,043 

Dear Mr. Acosta: 

We write to inform you that we represent Jennifer L. Smith, M.S. On behalf of Ms. Smith, we submit 

this letter in support of and to join the amicus curiae brief filed with this Court in the above-captioned 

action on December 16, 2015. 

Jennifer L. Smith, M.S., is a Senior Forensic Analyst at the UNT Health Science Center’s Center for 

Human Identification. She is qualified or has testified as an expert in Serology and/or DNA analysis in 

Texas, California, Georgia, Illinois, Maryland, Massachusetts, New York, North Carolina, Ohio, 

Tennessee, and Virginia. Prior to joining UNT’s Health Science Center, she worked for seven years at 

Cellmark Forensics (formerly Orchid Cellmark Inc.) in Dallas, Texas, ending with the position of Senior 

Forensic DNA Analyst. Her primary focus at Cellmark Forensics was the examination and analysis of 

post-conviction and cold cases, and her work included accessioning and conducting serological 

examinations on forensic evidence for subsequent DNA analysis, conducting PCR analysis of forensic 

casework, interpreting data, generating reports, providing expert testimony, and training new personnel 

in accessioning, evidence handling, and serological techniques. Between 1998 and 2008, Ms. Smith 

worked at the Virginia Division of Forensic Science. Ms. Smith has a B.S. in Biology from Cameron 

University and an M.S. in Criminal Justice with a Specialization in Forensic Science from Virginia 

Commonweath University. 

Respectfully submitted, 

/s/ Alfredo R Pérez 

Alfredo R Pérez 

cc: all counsel 

AP-77,043

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 12/18/2015 11:29:18 AM

Accepted 12/18/2015 11:38:21 AM

ABEL ACOSTA

CLERK
Frank ADAMS, Appellant, v. K. Mark JOHNSON as Managing Attorney for the State Attorney's Office, Norma Kay Wendt as Division Chief of the Public Defender's Office and State of Florida, Appellees.

Case No. 5D17-1094

District Court of Appeal of Florida, Fifth District.

Decision filed February 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
EXHIBIT32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Sound Revolution Inc. (the "Company") on Form 10-KSB for the period ended February 29, 2008 as filed with the Securities and Exchange Commission (the "Report"), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

|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: June 2, 2008 | By: /s/ Robin Ram                  
|------------------- | -----------------------------------
|                    | Robin Ram                          
|                    | President, Chief Executive Officer,



---
EXHIBIT 31.3


CERTIFICATION PURSUANT TO 18 U.S.C. ss. 1350,


AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002





I,  J Roland Vetter, certify that:





1. I have reviewed this annual report on Form 10-K of Brazil Gold Corp;





2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;





3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;





4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and I have:





a)
designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;





b)
evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within ninety (90) days prior to the filing date of this quarterly report (the "Evaluation Date"); and





c)
presented in this report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;





5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):





a)
all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and





b)
any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and





6. The registrant’s other certifying officer and I have indicated in this report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.





Date: October 18, 2010








By          s/ J Roland Vetter


Name: J Roland Vetter, Chief Financial Officer, principal financial officer and principal accounting officer
II 

118TH CONGRESS 

1ST SESSION S. 1263 

To exempt children of certain Filipino World War II veterans from the 

numerical limitations on immigrant visas, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2023 

Ms. HIRONO (for herself, Ms. MURKOWSKI, Mr. SULLIVAN, Mr. 

BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Ms. CANTWELL, Ms. CORTEZ

MASTO, Ms. DUCKWORTH, Mrs. FEINSTEIN, Ms. ROSEN, Mr. SANDERS, 

Mr. SCHATZ, Mr. MERKLEY, and Ms. WARREN) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To exempt children of certain Filipino World War II veterans 

from the numerical limitations on immigrant visas, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Filipino Veterans 

5 Family Reunification Act of 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 1263 IS

1 SEC. 2. EXEMPTION FROM IMMIGRANT VISA LIMIT. 

2 Section 201(b)(1) of the Immigration and Nationality 

3 Act (8 U.S.C. 1151(b)(1)) is amended by adding at the 

4 end the following: 

5 ‘‘(F) Aliens who— 

6 ‘‘(i) are eligible for a visa under paragraph 

7 (1) or (3) of section 203(a); and 

8 ‘‘(ii) have a parent (regardless of whether 

9 the parent is living or dead) who was natural10 ized pursuant to— 

11 ‘‘(I) section 405 of the Immigration 

12 Act of 1990 (Public Law 101–649; 8 

13 U.S.C. 1440 note); or 

14 ‘‘(II) title III of the Act of October 

15 14, 1940 (54 Stat. 1137, chapter 876), as 

16 added by section 1001 of the Second War 

17 Powers Act, 1942 (56 Stat. 182, chapter 

18 199).’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Exhibit 32.2





Certification of the Principal Financial Officer pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the amended Annual Report of On4 Communications, Inc. (the “Company”) on Form 10-K/A for the period ended October 31, 2009, as filed with the Securities and Exchange Commission (the “Report”), I, Penny Green, the Chief Financial Officer of the Company certify, pursuant to 18 U.S.C. 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





1.
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date:      September 29, 2010





By:        /s/ Penny Green


Penny Green


Chief Financial Officer and Principal Accounting Officer
**
**EXHIBIT 31.1**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

I, Christopher J. Flynn, certify that: 

1. Ihave reviewed this Amendment to the Annual Report on Form 10-K for the year ended December 31, 2019, of THL Credit, Inc. (the “Registrant”); 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this report; 

Date: March 30, 2020 

 
By: 
/s/ CHRISTOPHER J. FLYNN
 Christopher J. Flynn Chief Executive Officer
 
**
Jefro T. PHILLIPS, Appellant, v. STATE of Florida, Appellee.

No. 4D16-4006

District Court of Appeal of Florida, Fourth District.

[February 21, 2018]

Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

*Affirmed* . *See* *Tirado v. State,* 219 So.3d 146, 148 (Fla. 4th DCA 2017) (the "trial court did not err in giving the standard jury instruction that 'union means contact.' "), *review denied,* SC17-1263, 2017 WL 4404116 (Fla. Oct. 4, 2017).

Gerber, C.J., Gross and Kuntz, JJ., concur.