Harry Payne on Texas Tech University

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Date: 30 Oct 2007 12:34:15
From: samsloan
Subject: Harry Payne on Texas Tech University

Harry Payne of Oklahoma, who has close connections with Texas Tech
University, had this to say today on the USCF Forums:

I know there is a college in Texas getting tried of hearing all this
bad publicity. Some major contributers are also concerned. I think the
USCF should do its own promoting. The P/T combine doesn't seem to be
doing too good.

Harry Payne

Date: 02 Nov 2007 17:02:43
From:
Subject: Re: Harry Payne on Texas Tech University

On Nov 1, 10:36 am, samsloan <[email protected] > wrote:
> [quote="Brian Mottershead"]George, as you have read I too wonder why
> TTU would be responsible for the Fake Sam Sloan posts, [b]even if[/b]
> TTU did furnish the computer, network, or facilities that were used
> for some of the posts.
>
> However, I think you overstate your case. There are certainly legal
> theories under which one person is held liable for the actions of
> another. In general, this is referred to as [i]vicarious liability[/
> i].
>
> For example, it is not unusual under the doctrine of [i]respondeat
> superior[/i] (or the Master/Servant Rule) for an employer to be held
> liable for the misconduct of an employee. We are all aware, for
> example, of recent celebrated cases where church organizations were
> held liable, to the tune of millions of dollars, for the sexual
> misconduct of clerics within the church structure.
>
> I do not know whether TTU can be held liable for any of the FSS
> posts. That would depend on the law and the facts. I don't
> believe their possible ownership of the computer or networks that
> might have been used is relevant. But it is going too far to say there
> is no legal theory whatsoever on which TTU might be liable.
>
> I think another significant problem for Sam as regards TTU is the
> sovereign immunity defense Texas has raised. States can't in general
> be sued in federal court by the citizens of another state. However,
> it is worth noting that the Texas Tort Claims Act does waive sovereign
> immunity in tort cases involving [i]respondeat superior[/i]. That is,
> you can sue the State of Texas in federal court if an employee of the
> State of Texas commits a tort against you (such as negligence) for
> which an employer would be liable. Most states have waived sovereign
> immunity for that limited situation.[/quote]
>
> Thank you. That certainly helps me because Paul Truong and Susan
> Polgar have both been identified by the Provost as employees of Texas
> Tech University and therefore employees of the State of Texas.
>
> Sam Sloan

Sam,

Have you scheduled a hearing yet to hear all of the motions to
dismiss?

cus Roberts

Date: 01 Nov 2007 08:36:55
From: samsloan
Subject: Re: Harry Payne on Texas Tech University

[quote="Brian Mottershead"]George, as you have read I too wonder why
TTU would be responsible for the Fake Sam Sloan posts, [b]even if[/b]
TTU did furnish the computer, network, or facilities that were used
for some of the posts.

However, I think you overstate your case. There are certainly legal
theories under which one person is held liable for the actions of
another. In general, this is referred to as [i]vicarious liability[/
i].

For example, it is not unusual under the doctrine of [i]respondeat
superior[/i] (or the Master/Servant Rule) for an employer to be held
liable for the misconduct of an employee. We are all aware, for
example, of recent celebrated cases where church organizations were
held liable, to the tune of millions of dollars, for the sexual
misconduct of clerics within the church structure.

I do not know whether TTU can be held liable for any of the FSS
posts. That would depend on the law and the facts. I don't
believe their possible ownership of the computer or networks that
might have been used is relevant. But it is going too far to say there
is no legal theory whatsoever on which TTU might be liable.

I think another significant problem for Sam as regards TTU is the
sovereign immunity defense Texas has raised. States can't in general
be sued in federal court by the citizens of another state. However,
it is worth noting that the Texas Tort Claims Act does waive sovereign
immunity in tort cases involving [i]respondeat superior[/i]. That is,
you can sue the State of Texas in federal court if an employee of the
State of Texas commits a tort against you (such as negligence) for
which an employer would be liable. Most states have waived sovereign
immunity for that limited situation.[/quote]

Thank you. That certainly helps me because Paul Truong and Susan
Polgar have both been identified by the Provost as employees of Texas
Tech University and therefore employees of the State of Texas.

Sam Sloan

Date: 31 Oct 2007 23:20:08
From:
Subject: Re: Harry Payne on Texas Tech University

Ray Gordon, creator of the pivot wrote:
> > States can waive sovereign immunity for actions in state courts. They
> > can't abrogate the 11th Amendment, which bars federal courts from
> > entertaining claims by the citizens of one state against another
> > state. There's a bit more to it than that (and a few exceptions,
> > mostly based on the 14th Amendment), but your case is pretty clearly a
> > loser.
>
> If so, only against them.

I thought that's what I said. One thing at a time.

Date: 31 Oct 2007 23:10:26
From: help bot
Subject: Re: Harry Payne on Texas Tech University

On Oct 30, 3:11 pm, samsloan <[email protected] > wrote:
> On Oct 30, 3:44 pm, samsloan <[email protected]> wrote:
>
> > Somebody sent me two certified mails today from Austin Texas. I do not
> > know anybody in Austin. I am an invalid right now. I cannot walk
> > because I had an operation on my knee. Therefore, I cannot go to the
> > post office to pick up whatever it is.
>
> > Does anybody know who it might be from? I think it has something to do
> > with my lawsuit. The zip code is 78711.
>
> > Sam Sloan
>
> I called the post office. They promised to redeliver them tomorrow.
>
> They claim that they tried to deliver them yesterday. I was here all
> day and did not hear a knock on the door.
>
> What I believe is that they are from the State Attorney General of
> Texas, responding to my suit against Texas Tech University.
>
> Naturally, I am anxious to learn what they say. However, the post
> office is far from where I live and I could not possibly walk to
> pick them up.
>
> Sam Sloan

You could take a cab.

-- help bot

Date: 31 Oct 2007 20:04:05
From:
Subject: Re: Harry Payne on Texas Tech University

samsloan wrote:
> 1. Sovereign Immunity: Texas Tech University is an integral part of
> the government of the State of Texas and when it is sued the state is
> the real defendant. However, suits against the State are barred by the
> 11th Amendment to the Constitution of the United States.
>
> I was aware of course that sovereign immunity might be a problem. A
> majority of states have waived the sovereign immunity defense, but a
> few have not. Apparently, Texas is one of the few that have not.
>
> In their brief, they cite United States vs. Texas Tech University, 171
> F.3d 279,289 (5th Cir. 1999). I will have to go to the law library to
> look up that case.
>
> I do not know whether this is such an open-and-shut case or not. I
> will have to research it. Here is one of many discussions on this
> issue:
>
> http://www.burntorangereport.com/showDiary.do?diaryId=3068
>
> Sam Sloan

States can waive sovereign immunity for actions in state courts. They
can't abrogate the 11th Amendment, which bars federal courts from
entertaining claims by the citizens of one state against another
state. There's a bit more to it than that (and a few exceptions,
mostly based on the 14th Amendment), but your case is pretty clearly a
loser.

Date: 01 Nov 2007 02:01:29
From: Ray Gordon, creator of the \pivot\
Subject: Re: Harry Payne on Texas Tech University

> States can waive sovereign immunity for actions in state courts. They
> can't abrogate the 11th Amendment, which bars federal courts from
> entertaining claims by the citizens of one state against another
> state. There's a bit more to it than that (and a few exceptions,
> mostly based on the 14th Amendment), but your case is pretty clearly a
> loser.

If so, only against them.

--
Ray Gordon, The ORIGINAL Lifestyle Seduction Guru
http://www.cybersheet.com/library.html
Includes 29 Reasons Not To Be A Nice Guy

Ray's new "Project 5000" is here:
http://groups.yahoo.com/group/project-5000

This group will be restricted to 5,000 members. All new theory from the
creator of the PIVOT!

Don't rely on overexposed, mass-keted commercial seduction methods which
have been rendered worthless through mainstream media exposure. It really
is game over for community material. Beware of Milli Vanilli gurus who
stole their ideas from others!

http://moderncaveman.typepad.com
The Official Ray Gordon Blog

Date: 31 Oct 2007 14:34:58
From: samsloan
Subject: Re: Harry Payne on Texas Tech University

On Oct 30, 3:44 pm, samsloan <[email protected] > wrote:
> Somebody sent me two certified mails today from Austin Texas. I do not
> know anybody in Austin. I am an invalid right now. I cannot walk
> because I had an operation on my knee. Therefore, I cannot go to the
> post office to pick up whatever it is.
>
> Does anybody know who it might be from? I think it has something to do
> with my lawsuit. The zip code is 78711.
>
> Sam Sloan

I was right. The parcel was from the Attorney General of the State of
Texas, who is filing a motion to dismiss this case.

First, the motion seeks to admit Scot M. Graydon, Assistant Attorney
General of Texas, as counsel pro hac vice. This motion also states,
"we are in the process of contacting the Attorney General of New York
to serve as our local counsel".

Essentially, the motion to dismiss sets forth two priy grounds:

1. Sovereign Immunity: Texas Tech University is an integral part of
the government of the State of Texas and when it is sued the state is
the real defendant. However, suits against the State are barred by the
11th Amendment to the Constitution of the United States.

I was aware of course that sovereign immunity might be a problem. A
majority of states have waived the sovereign immunity defense, but a
few have not. Apparently, Texas is one of the few that have not.

In their brief, they cite United States vs. Texas Tech University, 171
F.3d 279,289 (5th Cir. 1999). I will have to go to the law library to
look up that case.

I do not know whether this is such an open-and-shut case or not. I
will have to research it. Here is one of many discussions on this
issue:

http://www.burntorangereport.com/showDiary.do?diaryId=3068

2. Texas Tech University operates an ISP and thus is immune from suit
under 47 USC 230. However, all the cases cited are defamation cases.
My case is more serious in that they actually impersonated me. I
suspect that a university computer system has a duty to insure that an
employee using a computer is the same person as they claim to be. In
other words, can Mr. X log-in on a university's computer system and
claim to be Sam Sloan and send out thousands of emails and newsgroup
postings as Sam Sloan? Should not the university be required to check
the ID of that person to make sure that his name really is Sam Sloan
and not Mr. X? Obviously, the university cannot be expected to prevent
its users from saying bad things about each other, but the university
could reasonably be expected to take steps to make sure that the
employees and faculty members who use the university computers are who
they say that they are.

These are the two priy issues that are raised by Attorney General
of Texas in his motion to dismiss.

Sam Sloan

Date: 30 Oct 2007 15:57:42
From:
Subject: Re: Harry Payne on Texas Tech University

On Oct 30, 3:11 pm, samsloan <[email protected] > wrote:
> On Oct 30, 3:44 pm, samsloan <[email protected]> wrote:
>
> > Somebody sent me two certified mails today from Austin Texas. I do not
> > know anybody in Austin. I am an invalid right now. I cannot walk
> > because I had an operation on my knee. Therefore, I cannot go to the
> > post office to pick up whatever it is.
>
> > Does anybody know who it might be from? I think it has something to do
> > with my lawsuit. The zip code is 78711.
>
> > Sam Sloan
>
> I called the post office. They promised to redeliver them tomorrow.
>
> They claim that they tried to deliver them yesterday. I was here all
> day and did not hear a knock on the door.
>
> What I believe is that they are from the State Attorney General of
> Texas, responding to my suit against Texas Tech University.
>
> Naturally, I am anxious to learn what they say. However, the post
> office is far from where I live and I could not possibly walk there to
> pick them up.
>
> Sam Sloan

I await news of what they said. If you could scan the letters into PDF
format, I would
apprecaite it. Take care of yourself, Sam. Don't hurt your knee
chasing after a letter
that could have been sent first class.

Thanks

cus Roberts

Date: 30 Oct 2007 13:11:31
From: samsloan
Subject: Re: Harry Payne on Texas Tech University

Date: 30 Oct 2007 12:44:08
From: samsloan
Subject: Re: Harry Payne on Texas Tech University

Somebody sent me two certified mails today from Austin Texas. I do not
know anybody in Austin. I am an invalid right now. I cannot walk
because I had an operation on my knee. Therefore, I cannot go to the
post office to pick up whatever it is.

Does anybody know who it might be from? I think it has something to do
with my lawsuit. The zip code is 78711.

Sam Sloan

Date: 30 Oct 2007 15:53:45
From: Ray Gordon, creator of the \pivot\
Subject: Re: Harry Payne on Texas Tech University

> Somebody sent me two certified mails today from Austin Texas. I do not
> know anybody in Austin. I am an invalid right now. I cannot walk
> because I had an operation on my knee. Therefore, I cannot go to the
> post office to pick up whatever it is.
>
> Does anybody know who it might be from? I think it has something to do
> with my lawsuit. The zip code is 78711.

Try http://www.pacer.uscourts.gov and if they filed something in your case,
it would be searchable there. You can usually download PDFs of the filed
documents.

Odds are they were just serving you with something.

--
Ray Gordon, The ORIGINAL Lifestyle Seduction Guru
http://www.cybersheet.com/library.html
Includes 29 Reasons Not To Be A Nice Guy

Ray's new "Project 5000" is here:
http://groups.yahoo.com/group/project-5000

This group will be restricted to 5,000 members. All new theory from the
creator of the PIVOT!

Don't rely on overexposed, mass-keted commercial seduction methods which
have been rendered worthless through mainstream media exposure. It really
is game over for community material. Beware of Milli Vanilli gurus who
stole their ideas from others!

http://moderncaveman.typepad.com
The Official Ray Gordon Blog