<![CDATA[BatesHetzel.com - Blog]]>Sat, 14 Nov 2015 15:01:22 -0800Weebly<![CDATA[The filed complaint. . .]]>Wed, 02 Apr 2014 16:21:41 GMThttp://www.bateshetzel.com/blog/the-filed-complaint
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<![CDATA[Clients in the news . . .]]>Wed, 02 Apr 2014 15:50:44 GMThttp://www.bateshetzel.com/blog/clients-in-the-news    A complaint filed earlier this week has already generated some press, which we hope will help in restoring our client's good name and reputation in his Walker County home.  
    Adam Hadder, a former Walker County deputy sheriff has sued the county and Sheriff John Mark Tirey for firing him from the force after he reported corruption in the unit.  Paul Kilgore, the former Chief Deputy, committed suicide after federal law enforcement agents commenced an investigation into his alleged misappropriation of funds from the county narcotics squad.
    The entire sordid story is contained in the complaint filed Monday in the Northern District of Alabama, Jasper Division.  The case is styled Hadder v. Walker County, Alabama, et al, CV 14-00586.  The link below provides a good summary of the allegations.
  http://www.courthousenews.com/2014/04/02/66688.htm


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<![CDATA[Justice Done]]>Fri, 22 Nov 2013 20:36:44 GMThttp://www.bateshetzel.com/blog/justice-done    Yesterday, after months of preparation and days of trial, Gary and our good
friend Jim Woolley received affirmation that the jury system still works. 


      Our client, Heath Moss, is an Alabama State Trooper who, tragically, was
involved in an accident in which two people died.  Although the State Troopers
did not discipline him – because the wreck was not his fault – the District
Attorney of Limestone County prosecuted Heath for two counts of criminally
negligent homicide. 


      During the intervening months Trooper Moss has received death threats, and
has not been allowed to perform the normal functions of his position.  His life
and the lives of his family have been forever changed.  However, at 10:45 a.m.
yesterday a jury of Limestone County citizens returned a verdict of not guilty. 
The men and women of the jury listened to days of testimony about the accident
and determined that Heath was not at fault. 


      I suppose I am allowed to brag on my law partner and tell you that Gary was
an accident reconstruction expert during the ten years he served as an Alabama
State Trooper.  His intimate knowledge of accident reconstruction played a
crucial role in the trial.  During his cross examinations of the Troopers who
investigated the wreck he was able to point out all of their mis-steps and
mistakes.  


      Of course, Jim Woolley should not be overlooked, even though I’m biased. 
His arguments were right on the money and persuasive as only the truth told by a
good lawyer can be.  We also would like to thank Eddie Alley, Esq., who served
as local counsel in Athens, and Mr. David Bradley, who is completing his last
year of law school and who, unlike your author, was able to attend trial and was
of great help.


                              Congratulations, Gentlemen.  Job Well Done.


http://whnt.com/2013/11/20/limestone-county-jury-deliberating-fate-of-state-trooper/


http://blog.al.com/breaking/2013/11/alabama_state_trooper_found_no.html


 




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<![CDATA[Al.com has picked up the story]]>Thu, 20 Dec 2012 02:43:18 GMThttp://www.bateshetzel.com/blog/alcom-has-picked-up-the-storyLooks like I might have spoken too soon the other day.  Kent Faulk with the Birmingham News just posted an excellent article on Jason's case on al.com.

http://blog.al.com/spotnews/2012/12/aldot_worker_claims_co-workers.html#incart_river


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<![CDATA[The Story is Getting Out . . .]]>Wed, 19 Dec 2012 20:04:49 GMThttp://www.bateshetzel.com/blog/the-story-is-getting-outWell, it looks like the story is picking up some speed.  Here are a few links that have posted Jason's story. 

1.) http://cathyharris-workplace.blogspot.com/

2.) http://www.courthousenews.com/2012/12/12/53047.htm


3.) http://par4thecourse.newsvine.com/_news/2012/12/12/15864454-people-can-be-so-cruel

4.) http://www.bizjournals.com/birmingham/morning_call/2012/12/lawsuit-alleges-aldot-employees.html

5.)https://www.facebook.com/journalists

6.) https://www.facebook.com/StopDiscriminationagainstSpecialNeeds?filter=1

7.) http://www.wopular.com/lawsuit-alleges-aldot-employees-sodomized-developmentally-disabled-co-worker

8.) http://uswebdaily.com/news2/alabama-department-of-transportation-worker-claims-coworkers-tied-him-to-pole-and-sodomized-him-with-soda-bottle

9.) http://www.rfcexpress.com/lawsuits/amer-with-disabilities-employment/alabama-northern-district-court/131759/a-jason-moody-v-alabama-department-of-transportation-the-bobby-thomas-chad-standridge-johnny-horn-randy-muvelhill-donald-warren-matthias-jones-demetrius-deavers-darrell-northcutt-lonnie-white-chris-jennings-gary-smith-john-teal-and-johnny-l/summary/

10.) http://www.allvoices.com/news/13647245-alabama-department-of-transportation-worker-claims-coworkers-tied-him-to-pole-and-sodomized-him-with-soda-bottle

11.) http://www.newshour24.com/2012/12/20/71775-Lawsuit-alleges-ALDOT-employees-sodomized-developmentally-disabled-co-worker.htm

12.) http://caa-al.org/category/shared-tuscaloosa/

13.) https://www.facebook.com/IJNet

14.) http://www.thebirminghamhomeinspector.com/aggregator/sources/10

15.) https://www.facebook.com/jhrnews

16.) http://www.entirealabama.com/alabama-p5?language=en

17.) http://www.americantowns.com/al/jefferson-county/news

18.) https://www.facebook.com/journalists?filter=2

19.) http://www.blountalabama.com/

20.) http://www.al.com/news/huntsville/index.ssf/index_5.html

21.) http://blog.al.com/spotnews/shared_-_tuscaloosa/index.html

22.) http://www.triplerbi.com/models/JasonBates.php

23.) http://in-montgomery.com/?utm_source=Montgomery+List&utm_campaign=172253b40e-&utm_medium=email&cts=inMontgomery_911_Hands_on_River_Region9_1_2011&paged=5

24.) http://www.headlinenewsonline.com/headlinenews/news/better-homes-and-gardens-windowpane-36bottle-wine-cabinet-espresso-finish

25.) http://www.oscarseek.com/item/Mountain-Dew-Mouth-Pictures

26.) http://www.onenewspage.com/local/pvt/Mobile.htm

27.) http://news.yahoo.com/local/birmingham-news-15848149-12773409.html

28.) http://alabamaoasis.com/tag/madison-county/




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<![CDATA[Alabama Department of Transportation Accused . . .]]>Fri, 14 Dec 2012 00:56:29 GMThttp://www.bateshetzel.com/blog/alabama-department-of-transportation-accusedBates, Hetzel, PC just filed suit against the Alabama Department of Transportation and several individual defendants for the worst case of employment discrimination and harassment I have ever seen.  Unlike some of our other cases, this one has not gotten any media attention.  (For the life of me I cannot understand why).  So I am attaching the  filed Complaint to this blog in the hopes that people out there will be as outraged as Gary and I are. 
To read this complaint in full CLICK HERE]]>
<![CDATA[Shooting at Federal Courthouse Building in Birmingham]]>Thu, 13 Dec 2012 16:11:51 GMThttp://www.bateshetzel.com/blog/shooting-at-federal-courthouse-building-in-birminghamPosted: wnRenderDate('Thursday, December 13, 2012 10:36 AM EST', '', true); Dec 13, 2012 9:36 AM CST Updated: wnRenderDate('Thursday, December 13, 2012 10:53 AM EST', '', true); Dec 13, 2012 9:53 AM CST By Jeff Wyatt - email     if (PLATFORM.EventMan) PLATFORM.EventMan.triggerEvent('WNStoryRelatedBoxdone'); There has been a shooting inside the Federal Courthouse building in Birmingham. According to a source inside the courthouse, (update: Confirmed by FBI) a man walked into the Chief Clerk's office mumbling about a will. He then put a gun to his head and pulled the trigger.

He was still alive when he was taken to a hospital.

We have a crew on the scene and will have more information as it becomes available.




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<![CDATA[Company claims Jefferson County breached $4 million a year prisoner healthcare contract]]>Fri, 02 Nov 2012 14:52:48 GMThttp://www.bateshetzel.com/blog/november-02nd-2012Picture
BIRMINGHAM, Alabama -- A Mississippi company that provides healthcare for
prisoners in jails says in a lawsuit that Jefferson County and Sheriff Mike Hale
breached a $4 million a year contract with them when another company was hired
last year to provide the services.
Health
Assurance LLC
filed the lawsuit in U.S. District Court in
Birmingham last week. The lawsuit names as defendants Jefferson County, Sheriff
Mike Hale, and Advanced Correctional Healthcare Inc., the new
company brought in to provide prisoner healthcare at the jail.

 Health Assurance states in its lawsuit that it contracted with Hale on Feb.
7, 2007 to provide medical services to county jail inmates. The company's annual
base compensation was $4 million, divided in monthly payments. 

The company states in the lawsuit that it employed doctors, nurses, and
records technicians for the jail.

On Oct. 1, 2011, without notice, Illinois-based Advanced Correctional
Healthcare Inc. was brought in to provide the services, the lawsuit states.
Employees not kept by the new company were fired effective Nov. 30, the lawsuit
states.

 The lawsuit claims breach of contract on the part of Jefferson County and
Hale and "tortious interference with contract" by Advanced Correctional
Healthcare Inc. The lawsuit claims Advanced poached one employee and was privy
to its trade secrets that were used to under bid them for the services.

Jefferson County filed for bankruptcy last year, citing $4.23 billion in
debt. Lawsuits are automatically stayed _ or put on hold _ against those who
file bankruptcy.

"The County's financial crisis is no big secret. We negotiated a new contract
for inmate health care at a much lower cost than what Health Assurance was
providing. Health Assurance had every opportunity to bid on a lower contract,"
Jefferson County Sheriff Chief Deputy Randy Christian stated in an email this
morning.

  "They did a fine job while here we just couldn't afford them anymore unless
we laid off more deputy sheriff's that protect the citizens of Jefferson
County," Christian wrote. "Basically we are getting quality care at a much lower
cost that saved the jobs of several deputy sheriffs that are desperately needed.
We are very comfortable defending our position on that." 

A lawyer for Advanced Correctional Healthcare also responded to the lawsuit. 

"Advanced Correctional Healthcare has not received or been served with any
such lawsuit,"Jessica K. Young, corporate attorney with the company, stated in
an email response to an inquiry by The Birmingham News.

  "The company is pleased to have the opportunity to deliver a high standard
of healthcare for Jefferson County inmates while working with Jefferson County
to address the need to provide quality healthcare within its budget," Young
wrote. "Advanced Correctional Healthcare did not tortiously interfere with any
contract and intends to aggressively defend the case if it is served with
process."

Updated at 12:13 p.m. Oct. 24 to include response from Advanced
Correctional Healthcare



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<![CDATA[Daughter of woman who died in Shelby County Jail sues county, health-care provider and probation company            By Mike Oliver, The Birmingham News]]>Fri, 21 Sep 2012 19:13:00 GMThttp://www.bateshetzel.com/blog/bates-hetzel-in-the-news
    A recently filed lawsuit on behalf of one of our clients has made something of a splash in the local news.  We even made the front page on September 22.  Here is a link to the first article.  The daughter of a woman who died in the Shelby County Jail more than a year
ago is suing the county, the sheriff, the jail's health care provider, the city
of Harpersville and the probation services company in connection with the
death.
Shelby County resident Brittne A. Bell is suing on behalf of her mother
Rebecca Lynn Allred, 45, who died May 18, 2011 due to liver failure, according
to the lawsuit.
 "Had Ms. Allred been given even rudimentary medical treatment when she
presented to the jail medical center, her condition would not have progressed to
fatality," the suit, filed by Birmingham attorney Mary-Ellen Bates, contends.
"Sadly, however, jail personnel repeatedly and callously denied her the right to
medical treatment of any sort, refusing to even see her and attempt a
diagnosis."
The suit was filed Monday and amended Friday to include Judicial Correction Services, the town of
Harpersville and the town's mayor.
The attorney for Shelby County said they are looking into the lawsuit's
allegations but "our preliminary investigation indicates that it has no
merit."
"We will continue to investigate it, but at this point the indication is that
it has no basis," said Frank "Butch" Ellis.
Judicial Correction Services is expected to respond later today, according to
a spokesman.
The health care company, Prison Healthcare LLC, a subsidiary of Baptist
Health Systems, and other named defendants, did not immediately respond to
requests for a response.
JCS, which contracts with about 100 municipalities in Alabama, is the target
of a lawsuit that led to a judge this summer charging the court system of
Harpersville with operating a "debtors prison" where people were
jailed for not paying fines and fees charged by the system. 
Allred was jailed in Shelby County for not paying fines associated with a car
tag violation out of Harpersville, the suit says.
"Ms. Allred was indigent at the time of her arrest and therefore unable to
secure bail money," the suit states. "The 'bail' required for her release was
the amount of the original fine and additional fees added by JCS," the probation
company.

Read more about it here.
RELATED


Private probation oufits raise eyebrows over for-profit
services




http://blog.al.com/spotnews/2012/09/daughter_of_woman_who_died_in.html
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<![CDATA[  Targets of lawsuit respond to allegations surrounding woman's death in Shelby County Jail     By Mike Oliver   ]]>Fri, 21 Sep 2012 15:29:58 GMThttp://www.bateshetzel.com/blog/targets-of-lawsuit-respond-to-allegations-surrounding-womans-death-in-shelby-county-jailby-mike-oliverPicture
BIRMINGHAM, Ala. -- Targets of a lawsuit blaming them in the death of a woman
in the Shelby County Jail have fired back at the allegations.


Shelby County attorney Frank "Butch" Ellis said a preliminary investigation
found the suit has "no merit." And a private probation company said it has
nothing to do with the death of Rebecca Lynn Allred who died May 18, 2011 of
liver failure.


Allred's daughter Shelby County resident Brittne A. Bell is suing the county,
the sheriff, the health care provider, a private probation company and the town
of Harpersville on behalf of her mother who died after five days in jail,
according to the lawsuit.


"Had Ms. Allred been given even rudimentary medical treatment when she
presented to the jail medical center, her condition would not have progressed to
fatality," the suit contends. "Sadly, however, jail personnel repeatedly and
callously denied her the right to medical treatment of any sort, refusing to
even see her and attempt a diagnosis."


The suit was filed Monday and amended Friday to include the probation
services company Judicial
Correction Services
, the town of Harpersville and the city's
mayor.


"It is obvious that the plaintiff's lawyers filing this amended complaint
decided to try and take advantage of recent publicity concerning JCS and added
JCS as an afterthought," said Kevin Egan, JCS' chief marketing officer.


"We will continue to investigate it, but at this point the indication is that
it has no basis," said  Ellis, the attorney for the county.


The health care company, Prison Healthcare LLC, is a subsidiary of Baptist
Health Systems. Ross Mitchell, vice president of external and governmental
affairs, said they do not comment on pending litigation.


JCS, which contracts with about 100 municipalities in Alabama, is the target
of a lawsuit that led to a judge this summer charging the court system of
Harpersville with operating a "debtors
prison
" where people were jailed for not paying fines and fees
charged by the system.


Allred was jailed in Shelby County for not paying fines associated with a car
tag violation out of Harpersville, the suit says.


"Ms. Allred was indigent at the time of her arrest and therefore unable to
secure bail money," the suit states. "The 'bail' required for her release was
the amount of the original fine and additional fees added by JCS," the probation
company.


"JCS had no part whatsoever in Ms. Bell's death," according to Egan's
prepared statement. "Further, JCS only provided supervision services to
Harpersville, did not arrest people for Harpersville, and played no part at all
in Ms. Bell's incarceration. Those decisions, including the amount set for bail,
were made solely by the Harpersville court. JCS had no part in Ms. Bell's care
at the Shelby County Jail."


The lawsuit states that fellow inmates "used their limited telephone
privileges" to contact Allred's son, Dustin Allred, to tell him his mother was
ill.


Dustin Allred left five messages for medical staff on the day his mother
died, and during one of the calls a medical staffer told him there was nothing
wrong with his mother, the lawsuit alleges.


On May 17, 2011, she was found unresponsive in her cell and was taken to
Shelby Baptist Medical Center where she died the following day, according to the
suit.


The cause of death was liver failure due to acute massive hepatocellular
necrosis and acute bronchopneumonia, according to the suit.


RELATED


Private probation outfits raise eyebrows over for-profit
operations



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