ATLANTA - The American Civil Liberties Union of Georgia announced today that it has reached an agreement with the Cobb County School Board to keep controversial “Evolution Disclaimer” stickers out of biology textbooks in public schools, ending a legal challenge that began in 2002.

The anti-evolution stickers singled out the theory of evolution from all other scientific theories included in the textbooks. In 2005, the district court sided with the ACLU, stating that “the sticker sends a message to those who oppose evolution for religious reasons that they are favored members of the political community, while the sticker sends a message to those who believe in evolution that they are political outsiders.” 

ACLU of Georgia Executive Director Debbie Seagraves welcomed the settlement.

“I commend the brave parents in Cobb County who have fought for more than four years to ensure that their children receive proper science education in their public schools,” said Seagraves. “We are proud that we were able to represent them in their courageous struggle.”

In the agreement, Cobb County school officials state that they will not order the placement of “any stickers, labels, stamps, inscriptions, or other warnings or disclaimers bearing language substantially similar to that used on the sticker that is the subject of this action.” School officials also agreed not to take other actions that would undermine the teaching of evolution in biology classes.

After the Cobb County School Board passed the sticker policy in 2002, school district parents, represented by the ACLU of Georgia and attorney Michael Manely, sued the school board, arguing that the policy promoted a particular religious belief in science classrooms and therefore violated the religious freedom of students. In early 2005, U.S. District Judge Clarence Cooper agreed and ordered the school district to remove the stickers from its 35,000 biology textbooks.

The controversial stickers read, "This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered."

After Judge Cooper’s decision, school officials removed the stickers, but asked the U.S. Circuit Court of Appeals for the Eleventh Circuit to reverse the ruling. In late spring, the appeals court sent the case back to Judge Cooper requesting more information about the situation before ruling on the constitutionality of the sticker policy.

Jeffrey Selman, the Cobb County parent who led the charge against the anti-evolution disclaimer, said today’s settlement puts to rest a contentious struggle in the community.

“The settlement brings to an end a long battle to keep our science classes free of political or religious agendas,” Selman said. “I am very pleased that the Cobb school board has dropped its defense of the anti-evolution policy. The board should be commended for taking this action.”

Americans United for Separation of Church and State, Atlanta law firm Bondurant, Mixon & Elmore, and Pepper Hamilton, a Philadelphia law firm, joined the ACLU of Georgia in handling the case on remand to the district court.

In a landmark case last year, the ACLU of Pennsylvania, along with Americans United and Pepper Hamilton, successfully argued against promoting the non-scientific ideology of “intelligent design” in public school science courses. On December 20, 2005, a federal judge ruled that intelligent design is not science and that the Dover Area School Board’s policy violated the First Amendment guarantee of religious freedom.

Today’s case is Selman v. Cobb County School District.

In addition, Hunt will pay $300 in special assessments for his involvement in a conspiracy to deprive citizens of their civil rights, for extortion affecting interstate commerce, and for using a firearm in the commission of a crime of violence or a drug trafficking crime. Hunt pleaded guilty in Sept. 2006.

“It is profoundly sad when one individual abuses a position of power and public trust,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is committed to prosecuting all cases of official misconduct and to bringing these individuals to justice.”

As part of his guilty plea, the defendant acknowledged that a co-conspirator arranged to purchase a kilogram of cocaine from an individual known as "J.J." Officer Hunt, while in uniform, on duty, and using a marked squad car, made a traffic stop of “J.J.” prior to the transaction and robbed him of $1,000 in cash, a $15,000 watch, and a cellular telephone. Hunt told “J.J.” he would return the kilogram of cocaine if J.J. produced $15,000 in cash. The next day, “J.J.” produced $9,500, but Hunt took the money and kept the cocaine.

The defendant further acknowledged that on Sept. 12, 2005, a co-conspirator arranged the purchase of four kilograms of cocaine from Pedro Moreno and Victor Saucedo. While in uniform, armed, and driving a marked squad car, Hunt and his co-conspirators robbed the men of the cocaine and kidnapped them. When the men could not produce the ransom demanded by Hunt, he arrested them for possession of 189.5 grams of cocaine and split the remainder of the four kilograms of cocaine with his co-conspirators.

In related matters, former Memphis police officers Arthur Sease, Antoine Owens, and Alexander Johnson were charged in September in a 50-count indictment charging conspiracy to violate civil rights, conspiracy to distribute controlled substances, violation of civil rights, extortion, possession of controlled substances with intent to distribute, and use of a firearm in the commission of a crime of violence or a drug trafficking crime.

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement officials.  In fiscal year 2006, nearly 50 percent of the cases brought by the Criminal Section of the Civil Rights Division involved such prosecutions. Since fiscal year 2001, the Division has convicted 50 percent more defendants for excessive force and official misconduct than in the preceding six years. 

Assistant United States Attorney Steve Parker of the Western District of Tennessee and Trial Attorney Jonathan Skrmetti from the Civil Rights Division are prosecuting the case.

A federal judge issued a memorandum of intended decision Friday, concluding that California's lethal injection procedure creates "an undue and unnecessary risk" of cruel and unusual punishment in violation of the Eighth Amendment of the US Constitution. The memorandum came in the case of condemned killer Michael Morales, who argued that it was not certain that the chemical cocktail to be used in his lethal injection would not prevent him from experiencing extreme pain during the process.

Morales' execution was postponed indefinitely in February after a court ruling that medical professionals must monitor executions by lethal injection to be sure that the inmate feels no pain. The ruling imposed a virtual moratorium on executions in California as anesthesiologists refused to take part in the execution.

In his memorandum Friday, US District Judge Jeremy Fogel wrote that:

At the present time, ... Defendants' implementation of California's lethal-injection protocol lacks both reliability and transparency. In light of the substantial questions raised by the records of previous executions, Defendants' actions and failures to act have resulted in an undue and unnecessary risk of an Eighth Amendment violation. This is intolerable under the Constitution.

Fogel set a 30-day deadline for the state to determine whether the lethal injection protocol would be modified.

"The jury determined that Merck acted appropriately in the development and marketing of VIOXX and that VIOXX did not substantially contribute to Mr. Dedrick's heart attack," said Phil Beck, of the law firm of Bartlit Beck, Merck's lead trial lawyer in the case, Dedrick v. Merck.

"He had multiple risk factors for a heart attack including a family history of cardiac problems, heavy smoking for many years and he had high blood pressure, high cholesterol and diabetes," Mr. Beck said. "In addition, he had significant atherosclerosis before he began taking VIOXX. Unfortunately, Mr. Dedrick would have suffered a heart attack whether he was taking VIOXX or not."

U.S. District Court Judge Eldon E. Fallon of the Eastern District of Louisiana, who is overseeing all of the federal court litigation, presided over the trial.

Merck faces thousands of lawsuits over the drug, which was pulled from the market in September 2004 after a study showed that it could double the risk of heart attack or stroke if taken for more than 18 months. This is the fifth federal trial to reach a verdict; Merck has won four of those cases, with the fifth decided in favor of the plaintiff. A federal judge, however, threw out the $50 million jury verdict in the Merck loss as "grossly excessive" and ordered a new trial to determine damages.

Merck won the first case, Plunkett v. Merck, in February. The damages portion of the verdict in favor of the plaintiff in the second federal case, Barnett v. Merck, was overturned by Judge Fallon. Merck won the third case, Smith v. Merck, in September and the fourth case, Mason v. Merck, in November. Last month, US District Judge Eldon Fallon, who is responsible for co-ordinating pre-trial procedures in the federal cases, rejected a bid to have all federal lawsuits against Merck brought in connection with Vioxx consolidated in a single national class action against the company.

Kenneth Loeffler, a custodial engineer and resident of Valley Stream, N.Y., pleaded guilty in U.S. District Court in Manhattan to participating in a conspiracy to commit mail fraud in connection with a kickback scheme used to defraud NYCDOE. Beginning in approximately July 1997 and continuing until at least June 2003, Loeffler received approximately $6,000 in kickbacks in exchange for allocating contracts for industrial cleaning and maintenance supplies to companies associated with his two unnamed co-conspirators. These kickbacks were paid through cash, dinners and tickets to sporting and theater events. “The Antitrust Division will prosecute anyone who subverts the competitive process, particularly where public monies are involved,” said Thomas O. Barnett, Assistant Attorney General in charge of the Department’s Antitrust Division.

As a NYCDOE custodian, Loeffler was responsible for purchasing goods and services necessary for the maintenance of NYCDOE schools to which he was assigned. In July 1999, NYCDOE began requiring its custodians to engage in competitive bidding before making purchases or awarding contracts worth more than $250 to vendors who were not on NYCDOE’s list of approved vendors and to award contracts to the bidder who provided the “maximum quality for the minimum price.” Also under the competitive bidding policy, employees are required to submit bid summary sheets for each purchase and to get written bids for purchases or contracts worth more than $5,000.

After NYCDOE’s implementation of the competitive bidding policy, Loeffler accepted kickbacks in exchange for ensuring that he would not invite potential competitors who were not co-conspirators to bid on contracts awarded by NYCDOE schools for industrial cleaning and maintenance supplies, the Department said. Also, the Department said that some of the kickbacks Loeffler received were the result of his participation in a phony invoice scheme whereby NYCDOE paid for supplies delivered only in part or never delivered at all.

Today’s case is the second to arise out of an ongoing investigation of fraud and bidding irregularities in the award of contracts for industrial cleaning and maintenance supplies being conducted by the Antitrust Division, the Office of the Special Commissioner of Investigation for the New York City School District and the Federal Bureau of Investigation. In November 2006, a former NYCDOE custodial engineer pleaded guilty to conspiracy charges in connection with participating in a similar kickback scheme.

Loeffler is charged with violating 18 U.S.C. § 371, which carries a maximum penalty of five years of imprisonment and a $250,000 fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victim, if either of those amounts exceeds the statutory maximum fine.