Latest Alex Trial News
Moderator: Priests of Syrinx
-
- Posts: 3442
- Joined: Fri Jan 02, 2004 1:41 pm
- Location: Flowing Through The Universe, In A Paisley Shirt... Man.
-
- Posts: 15
- Joined: Thu Sep 09, 2004 4:48 am
- Location: London
I hope everything works out for Alex and his family. Just to pay him a compliment, I've always regarded him as the finest guitarist in the business. And my opinion was upheld last night when one of my friends, who had never seen the band live before, said to me afterwards that "the guitarist was absolutely amazing". I think a new fan was born.
I was lined up for glory but the tickets sold out in advance
- Big Brother
- Posts: 104
- Joined: Thu Jul 29, 2004 10:59 pm
- Location: Oceania
-
- Posts: 3442
- Joined: Fri Jan 02, 2004 1:41 pm
- Location: Flowing Through The Universe, In A Paisley Shirt... Man.
-
- Posts: 15
- Joined: Thu Sep 09, 2004 4:48 am
- Location: London
- Big Blue Owl
- Posts: 7457
- Joined: Thu Aug 17, 2006 7:31 am
- Location: Somewhere between the darkness and the light
Rush guitarist's son wins round in lawsuit
By WALTER PUTNAM - Associated Press Writer --
ATLANTA --
The lead guitarist for the rock group Rush has won a round in a lawsuit claiming that he and his son were roughed up by deputies while being ejected from a black-tie New Year's Eve party at the Ritz-Carlton Hotel in Naples, Fla.
A federal appeals court says a lower court judge in Florida was wrong to dismiss a negligence claim by Alex Lifeson's son against the hotel and the security manager on duty at the time of the Dec. 31, 2003 altercation.
However, an 11th U.S. Circuit Court of Appeals panel upheld the dismissal of the rest of the claims by Lifeson and his son - including the contention that the Collier County deputies violated their civil rights by using excessive force.
Tasers were used on Lifeson, whose real name is Alex Zivojinovich, and his son, Justin Zivojinovich. Lifeson's nose was broken.
According to court documents, the two were at the party with Justin's wife, Michelle, when Justin started dancing boisterously, waving his arms, dancing with four women at the same time and shoving a couple apart to dance with the woman without asking. He jumped on the stage, wished everyone a happy New Year's, then returned to his table.
When he started dancing again, this time with a male friend, the night shift manager, Frank Barner, radioed the front desk and told the employee there to call the sheriff's office.
The three deputies responding to the call were told only that there was a disturbance at the Ritz, two men acting unruly, getting up on the stage and refusing to cooperate.
Arriving after Justin returned to the stage and was told by Barner to get down, the deputies escorted Justin out of the ballroom with his father following behind, leading to a struggle and the Taser incident in a stairwell.
Criminal charges resulted. In 2006, Lifeson, 54, and his son accepted a plea deal that included no jail time. They filed suit, claiming excessive force and negligence on the part of the hotel staff leading to injuries by the deputies.
U.S. District Judge Paul A. Magnuson ruled in April 2007 that deputies' actions "were objectively reasonable." The judge also ruled that the Ritz hotel and Barner were not negligent.
The appeals court said in an opinion filed Wednesday that Alex Zivojinovich "unreasonably escalated an already volatile situation" in trying to come to the aid of his son and was not entitled to pursue the negligence claim.
The panel said a jury should be allowed to hear the portion of the lawsuit involving Justin Zivojinovich because Barner had falsely led the deputies to expect trouble, making it more likely that the hotel guests could be hurt.
The hotel had no immediate comment on Wednesday's opinion, and a message left for Alex Zivojinovich's lawyer, Michael McDonnell, was not immediately returned.
By WALTER PUTNAM - Associated Press Writer --
ATLANTA --
The lead guitarist for the rock group Rush has won a round in a lawsuit claiming that he and his son were roughed up by deputies while being ejected from a black-tie New Year's Eve party at the Ritz-Carlton Hotel in Naples, Fla.
A federal appeals court says a lower court judge in Florida was wrong to dismiss a negligence claim by Alex Lifeson's son against the hotel and the security manager on duty at the time of the Dec. 31, 2003 altercation.
However, an 11th U.S. Circuit Court of Appeals panel upheld the dismissal of the rest of the claims by Lifeson and his son - including the contention that the Collier County deputies violated their civil rights by using excessive force.
Tasers were used on Lifeson, whose real name is Alex Zivojinovich, and his son, Justin Zivojinovich. Lifeson's nose was broken.
According to court documents, the two were at the party with Justin's wife, Michelle, when Justin started dancing boisterously, waving his arms, dancing with four women at the same time and shoving a couple apart to dance with the woman without asking. He jumped on the stage, wished everyone a happy New Year's, then returned to his table.
When he started dancing again, this time with a male friend, the night shift manager, Frank Barner, radioed the front desk and told the employee there to call the sheriff's office.
The three deputies responding to the call were told only that there was a disturbance at the Ritz, two men acting unruly, getting up on the stage and refusing to cooperate.
Arriving after Justin returned to the stage and was told by Barner to get down, the deputies escorted Justin out of the ballroom with his father following behind, leading to a struggle and the Taser incident in a stairwell.
Criminal charges resulted. In 2006, Lifeson, 54, and his son accepted a plea deal that included no jail time. They filed suit, claiming excessive force and negligence on the part of the hotel staff leading to injuries by the deputies.
U.S. District Judge Paul A. Magnuson ruled in April 2007 that deputies' actions "were objectively reasonable." The judge also ruled that the Ritz hotel and Barner were not negligent.
The appeals court said in an opinion filed Wednesday that Alex Zivojinovich "unreasonably escalated an already volatile situation" in trying to come to the aid of his son and was not entitled to pursue the negligence claim.
The panel said a jury should be allowed to hear the portion of the lawsuit involving Justin Zivojinovich because Barner had falsely led the deputies to expect trouble, making it more likely that the hotel guests could be hurt.
The hotel had no immediate comment on Wednesday's opinion, and a message left for Alex Zivojinovich's lawyer, Michael McDonnell, was not immediately returned.
(((((((((((((((all'a you)))))))))))))))