Disqualifying Qualified Immunity

The relationship between municipal responsibility and municipal liability in civil suits concerning local police officer misconduct is flawed. Cities have almost unlimited control over their police departments but lack almost any control over the civil litigation of their officers, aside from city attorneys representing them. In police misconduct cases, city attorneys representing police officers are required to invoke any available affirmative defenses, either common law or statutory, regardless of the moral convictions of the city attorneys, city legislators, or local citizens. To bridge the logical gap between municipal responsibility and the lack of municipal control over police misconduct litigation, this Note argues that the Ohio Revised Code should be amended to allow municipalities full control over the civil litigation of their police officers, including which affirmative defenses the city attorneys must invoke. This solution would allow municipalities the choice of whether to invoke defenses like qualified immunity or the statutory defenses in the Ohio Revised Code, returning the power over civil litigation to the entity that bears financial responsibility if the police officer or municipality is held liable

Adaptation of the binocular rivalry mechanism

The completeness of binocular rivalry suppression was measured by recording the fraction of a trial during which targets were perceived as alternating in their entirety, rather than blending together into a composite. It was found that the completeness of rivalry declines with prolonged stimulation. A control condition in which subjects saw the same grating targets, but without rivalry, resulted in no decrement. The phenomenon was spatial-frequency specific. The results suggest that binocular rivalry suppression is mediated by a cooperative mechanism which is susceptible to adaptation

Cyanobacterial Harmful Algal Blooms: Chapter 2: A Synopsis of Research Needs Identified at the Interagency, International Symposium on Cyanobacterial Harmful Algal Blooms (ISOC-HAB)

Evidence indicates that the incidence of cyanobacterial harmful algal blooms (CHABs) is increasing in spatial extent and temporal frequency worldwide. Cyanobacterial blooms produce highly potent toxins and huge, noxious biomasses in surface waters used for recreation, commerce, and as drinking water sources. The Interagency, International Symposium on Cyanobacterial Harmful Algal Blooms (ISOC-HAB) characterized the state of the science and identified research needed to address the risks posed by CHABs to human health and ecosystem sustainability. This chapter provides a synopsis of CHAB research needs that were identified by workgroups that addressed charges in major topic areas. The research and infrastructure needed are listed under nine categories: 1) Analytical Methods; 2) CHAB Occurrence; 3) CHAB Causes; 4) Human Health; 5) Ecosystem Sustainability; 6) CHAB Prevention; 7) CHAB Control and Mitigation; 8) Risk Assessment and; 9) Infrastructure. A number of important issues must be addressed to successfully confront the health, ecologic, and economic challenges presented by CHABs. Near-term research goals include the development of field-ready tests to identify and quantify cells and toxins, the production of certified reference standards and bulk toxins, formal assessments of CHAB incidence, improved understanding of toxin effects, therapeutic interventions, ecologically benign means to prevent and control CHABs, supplemental drinking water treatment techniques, and the development of risk assessment and management strategies. Long-term goals include the assimilation of CHAB databases into emerging U.S. and international observing systems, the development of quantitative models to predict CHAB occurrence, effects, and management outcomes, and economic analyses of CAHB costs and management benefits. Accomplishing further infrastructure development and freshwater HAB research is discussed in relationship to the Harmful Algal Blooms and Hypoxia Research and Control Act and existing HAB research programs. A sound scientific basis, the integration of CHAB infrastructure with that of the marine HAB community, and a systems approach to risk assessment and management will minimize the impact of this growing challenge to society

Cyanobacterial Harmful Algal Blooms: Chapter 2: A Synopsis of Research Needs Identified at the Interagency, International Symposium on Cyanobacterial Harmful Algal Blooms (ISOC-HAB)

Evidence indicates that the incidence of cyanobacterial harmful algal blooms (CHABs) is increasing in spatial extent and temporal frequency worldwide. Cyanobacterial blooms produce highly potent toxins and huge, noxious biomasses in surface waters used for recreation, commerce, and as drinking water sources. The Interagency, International Symposium on Cyanobacterial Harmful Algal Blooms (ISOC-HAB) characterized the state of the science and identified research needed to address the risks posed by CHABs to human health and ecosystem sustainability. This chapter provides a synopsis of CHAB research needs that were identified by workgroups that addressed charges in major topic areas. The research and infrastructure needed are listed under nine categories: 1) Analytical Methods; 2) CHAB Occurrence; 3) CHAB Causes; 4) Human Health; 5) Ecosystem Sustainability; 6) CHAB Prevention; 7) CHAB Control and Mitigation; 8) Risk Assessment and; 9) Infrastructure. A number of important issues must be addressed to successfully confront the health, ecologic, and economic challenges presented by CHABs. Near-term research goals include the development of field-ready tests to identify and quantify cells and toxins, the production of certified reference standards and bulk toxins, formal assessments of CHAB incidence, improved understanding of toxin effects, therapeutic interventions, ecologically benign means to prevent and control CHABs, supplemental drinking water treatment techniques, and the development of risk assessment and management strategies. Long-term goals include the assimilation of CHAB databases into emerging U.S. and international observing systems, the development of quantitative models to predict CHAB occurrence, effects, and management outcomes, and economic analyses of CAHB costs and management benefits. Accomplishing further infrastructure development and freshwater HAB research is discussed in relationship to the Harmful Algal Blooms and Hypoxia Research and Control Act and existing HAB research programs. A sound scientific basis, the integration of CHAB infrastructure with that of the marine HAB community, and a systems approach to risk assessment and management will minimize the impact of this growing challenge to society

Cyanobacterial Harmful Algal Blooms: Chapter 1: An Overview of the Interagency, International Symposium on Cyanobacterial Harmful Algal Blooms (ISOC-HAB): Advancing the Scientific Understanding of Freshwater Harmful Algal Blooms

There is growing evidence that the spatial and temporal incidence of harmful algal blooms is increasing, posing potential risks to human health and ecosystem sustainability. Currently there are no US Federal guidelines, Water Quality Criteria and Standards, or regulations concerning the management of harmful algal blooms. Algal blooms in freshwater are predominantly cyanobacteria, some of which produce highly potent cyanotoxins. The US Congress mandated a Scientific Assessment of Freshwater Harmful Algal Blooms in the 2004 reauthorization of the Harmful Algal Blooms and Hypoxia Research and Control Act. To further the scientific understanding of freshwater harmful algal blooms, the US Environmental Protection Agency (EPA) established an interagency committee to organize the Interagency, International Symposium on Cyanobacterial Harmful Algal Blooms (ISOC-HAB). A theoretical framework to define scientific issues and a systems approach to implement the assessment and management of cyanobacterial harmful algal blooms were developed as organizing themes for the symposium. Seven major topic areas and 23 subtopics were addressed in Workgroups and platform sessions during the symposium. The primary charge given to platform presenters was to describe the state of the science in the subtopic areas, whereas the Workgroups were charged with identifying research that could be accomplished in the short- and long-term to reduce scientific uncertainties. The proceedings of the symposium, published in this monograph, are intended to inform policy determinations and the mandated Scientific Assessment by describing the scientific knowledge and areas of uncertainty concerning freshwater harmful algal blooms

Scientific assessment of freshwater harmful algal blooms

In 2004, Congress reauthorized the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 with the Harmful Algal Bloom and Hypoxia Amendments Act (HABHRCA 2004). The 2004 legislation required the generation of five reports, including this "Scientific Assessment of Freshwater Harmful Algal Blooms." HABHRCA 2004 stipulates that this report 1) examine the causes, consequences, and economic costs of freshwater HABs, 2) establish priorities and guidelines for a research program on freshwater HABs, and 3) make recommendations to improve coordination among Federal agencies with respect to research on HABs in freshwater environments. This report is divided into five chapters: Chapter 1 provides the legislative background and process for developing the report, Chapter 2 describes the problem of freshwater and inland HABs in the United States, Chapter 3 outlines the current Federal efforts in freshwater and inland HAB research and response, Chapter 4 discusses the future research priorities, and Chapter 5 delineates opportunities for coordination to advance research efforts. The document is based, in large part, on the proceedings (Hudnell 2008) of the International Symposium on Cyanobacterial Harmful Algal Blooms, a meeting convened by EPA and sponsored by a variety of Federal agencies, to describe current scientific knowledge and identify priorities for future research on CyanoHABs. This report offers a plan for coordinating the important research that is currently ongoing in the United States and for guiding future research directions for Federal programs as well as for state, local, private, and academic institutions in order to maximize advancements. To this end, the Interagency Working Group on Harmful Algal Blooms, Hypoxia, and Human Health (IWG-4H) identifies seven priorities, all of equal weight, for freshwater HAB research and response. These priorities represent research areas where there is the greatest potential for progress in freshwater HAB research. This report does not attempt to assess the relative importance of freshwater HAB research compared to other research areas or other priorities for Federal or state investment

Estuary-associated syndrome in North Carolina: an occupational prevalence study.

Atlantic coast estuaries recently have experienced fish kills and fish with lesions attributed to Pfiesteria piscicida and related dinoflagellates. Human health effects have been reported from laboratory exposure and from a 1997 Maryland fish kill. North Carolina has recorded Pfiesteria-related fish kill events over the past decade, but human health effects from environmental exposure have not been systematically investigated or documented here. At the request of the state health agency, comprehensive examinations were conducted in a cross-sectional prevalence study of watermen working where Pfiesteria exposure may occur: waters where diseased or stressed fish were reported from June to September 1997, and where Pfiesteria had been identified in the past. Controls worked on unaffected waterways. The study was conducted 3 months after the last documented Pfiesteria-related fish kill. The goal was to document any persistent health effects from recent or remote contact with fish kills, fish with lesions, or affected waterways, using the 1997 U.S. Centers for Disease Control and Prevention case description for estuary-associated syndrome (EAS). Examinations included comprehensive medical, occupational, and environmental history, general medical, dermatologic, and neurologic examinations, vision testing, and neuropsychologic evaluations. Seventeen of 22 watermen working in affected waters and 11 of 21 in unaffected waters reported exposure to a fish kill or to fish with lesions. We found no pattern of abnormalities on medical, neurologic, neuropsychologic, or NES-2 evaluation. By history, one subject in each group met the EAS criteria, neither of whom had significant neuropsychological impairment when examined. Watermen from affected waterways had a significant reduction in visual contrast sensitivity (VCS) at the midspatial frequencies, but we did not identify a specific factor or exposure associated with this reduction. The cohorts did not differ in reported occupational exposure to solvents (qualitative) or to other neurotoxicants; however, exposure history was not sufficiently detailed to measure or control for solvent exposure. This small prevalence study in watermen, conducted 3 months after the last documented fish kill related to Pfiesteria, did not identify an increased risk of estuary-associated syndrome in those working on affected waterways. A significant difference between the estuary and ocean watermen was found on VCS, which could not be attributed to any specific factor or exposure. VCS may be affected by chemicals, drugs, alcohol, and several developmental and degenerative conditions; it has not been validated as being affected by known exposure to dinoflagellate secretions. VCS should be considered for inclusion in further studies, together with documentation or quantification of its potential confounders, to assess whether it has utility in relationship to dinoflagellate exposure