Monday, April 21, 2014

Malfeasance

The word malfeasance means according to Miriam Webster (the dictionary, not the person)
mal·fea·sance
noun \ˌmal-ˈfē-zən(t)s\law : illegal or dishonest activity especially by a public official or a corporation

I consider what Harborview Medical Center did to me an act of malfeasance.  Their Attorney took umbrage to the term when I used it in my Declaration to their response to Summary Judgment.  But there is no better word when it comes to a public hospital entrusted to care for someone who aids the Police in an illegal act, who destroys evidence of a crime and in turn throws a seriously ill woman into the street like a wild animal when done exploiting them for a teaching lab/doll/tool.

I still love when I get the same response from those "educated" and in position to help go  "this did not happen" or some other inference that I am lying/making it up/or still delusional as I was when released from the hospital.  Yet when I ask why would I lie and what is the imperative they don't respond. It is easier to blame the victim, to somehow find an explanation, excuse or more importantly justification to why this happened.  YOU are somehow at fault or responsible.

The Seattle Weekly had this article about a man who died after falling down an escalator and the safety devices failed.  The made sure to point out that he was "drunk" at the time and had a criminal history. And is that why it failed?  The escalator made an executive decision that he was not worth living?  Wow machines are getting smarter!

When I discussed the police shooting and death of the young bank robber in the street a few weeks ago, the response was "he had a knife".  Yes and he had just come from an overturned car and I am sure injured if not dazed, so was it a sword or scythe that would require him to be murdered in the street?

Always the "but..." which somehow justifies the ends to the means.  It is called "as long as it doesn't happen to me why would I give a shit."  It is called "blaming the victim" and therefore absolves anyone from actually caring or doing anything.

I refer to my personal narrative as well it is essential as without it I am apparently caring about something that has nothing to do with me.  Well, how tragic that I would have to be a victim or have something horrid to happen to me in which to express concern.  That too is a state of America today.  No one wants to be defined by that which apparently is a singular incident in which to define oneself but I do have an understanding as to why we have an obsessive victimizing culture.  This weekend marks another one in the never ending cycle of such.

So when I read the article last week in the New York Times about another rape case and athlete that went un-investigated, ultimately ignored and of course the victim debased, it took awhile for me to not respond with anger.

So why am I surprised at what transpired in this case?   There was a Heisman trophy on the line and a young man's professional football career on the line.  Some slut, some whore, some girl who took a drink from a man at a bar known for drinks and drinking should not matter.  Why would it.

The article makes this point:
It would be difficult to overstate the importance of football to Florida State and its hometown. In Tallahassee, rooting for the Seminoles is a matter of identity and economy. The 2013 championship season generated millions of dollars for the athletic department and city businesses, and favorable publicity beyond measure. 
Patricia A. Carroll, a lawyer for Mr. Winston’s accuser, said the police investigator who handled the case, Scott Angulo, told her that because Tallahassee was a big football town, her client would be “raked over the coals” if she pursued the case.

And the same day I read further details on the ongoing charges or lack thereof regarding Steubenville and the adults who aided the children, yes children, who raped and violated that young girl.   Who cares or remembers that anymore?   We have other grand guginol spectacles to fret about.

Ohio: Charge Against Teacher Is Resolved
THE ASSOCIATED PRESS 
A teacher and coach accused of trying to thwart an investigation into the rape of a 16-year-old girl in Steubenville will have the charge dismissed in exchange for community service at a domestic violence shelter, the state attorney general, Mike DeWine, said Friday. The teacher, Seth Fluharty, was charged last year with one misdemeanor count of failure to report child abuse or neglect involving the rape of the girl by two high school football players in 2012. Mr. Fluharty, an elementary school principal and conditioning coach for wrestlers, was one of six people charged by a grand jury investigating whether other laws were broken in the case involving the girl, who was raped after an alcohol-fueled party. Three of those cases have now been resolved

The article about the Florida case is here.  It is long, it is ugly and it is the state of the game.

Whatever happened to the Biden initiative to look into sexual violence on campuses?  Gone like the wind and the evidence in this case.

Malfeseance - an act by a public official or corporation.  The University is a public organization,  Harboriview is a public hospital.  The Police are public agents.  They share one thing in common, they are as guilty as the criminals they protect.




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