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Managing Hoof Problems in Horses
- Jun 1, 2004
- Topics:
Just about every horse out there has what we might call a hoof problem on at least one of his four feet. It might be a simple mismatch that might not really be a problem, or it might be much more serious. In any case, hoof problems, regardless of scope, need to be managed properly to maximize the horse's soundness, comfort, and usefulness to you.
The challenge is five-fold, according to Bruce Lyle, DVM, who focuses primarily on foot care in his practice in Aubrey, Texas. "My approach to any case is to begin with problem identification, identify contributing factors, change what I can, and then observe the response, followed by re-evaluation," he says. "Identifying the problem can be challenging because of the lack of valid research on causes of pain in the foot. Sound horses performing at a high level may have abnormal-appearing bones on radiographs, whereas other lame horses may have an apparently beautiful foot with no radiographic abnormalities. In many cases, ultrasound and nuclear scintigraphy may be negative also, frustrating owner, farrier, and veterinarian.
"Because of these negative experiences and the lack of consistent, practical research, farrier John Arkley (more on him shortly) and I have joined with a growing faction of veterinarians and farriers handling foot problems and lameness from a fundamental form-to-function approach," Lyle says. "When coupled with knowledge and application of fundamental physiology and pathology, results are usually very impressive."
Defining and enacting treatment for foot problems can be tough, as there can be as many opinions about this as there are professionals who evaluate the horse. Some might not see the problem as significant and choose to ignore it. Others might see it as serious, or potentially serious, and prescribe a shoeing and/or management modification as treatment.
Once you have a prescription for the horse, there's the added factor (and certainly one of the most important ones) of whether that prescription can or will be followed. Differing opinions and/or inappropriate facilities or resources on the part of the owner can mean the horse doesn't get treated correctly, or at all.
Many factors affect successful management of any horse's foot problems, some of which might not be apparent on your first look. To quote professionals in various fields, the more you look, the more you see. And that tiny thing you see after a hard look might change everything.
Case In Point: Reggae
|Reggae, our case study horse. See his feet below.
To illustrate some of these challenges, we bring you Reggae, who's just an all-over nice horse. He's a 17-hands-plus, 6-year-old warmblood who isn't at all lame and moves "beautifully" in his job as a dressage star-in-training. So what's the problem? Nothing huge, but Reggae--like many horses--does have some very common foot issues that need careful management to keep him moving well and sound. See if anything rings a bell. (And we'd like to offer our thanks to Reggae's owner, Teddy Arthur; veterinarian, Amy Rucker, DVM, head of ambulatory services and an instructor at the University of Missouri; and farrier, Randy Holthusen of Auxvasee, Mo., for the information in this article.)
To evaluate and make recommendations for our example case, we've enlisted the help of Lyle and John Arkley, an American Farrier's Association Certified Journeyman Farrier based in Palmer, Alaska.
The caveat: This is intended to be a learning experience on managing common hoof issues, not a shoeing prescription for any horse with seemingly similar issues. The emphasis is on management--as Arkley notes, "Fixing these things isn't a one-time deal, it's a process."
Reggae's History
Reggae came to his current owner in March 2003 with very thin soles (he was "very gimpy" when walking on gravel), a left front foot with a low heel/long toe (this foot developed a medial quarter crack in March 2004), a slightly clubbed right front foot, and some medial/lateral imbalance (see photos throughout article).
He is turned out to pasture a lot in good weather (although he's in a small dry lot now because of the quarter crack), and he is in dressage training in an indoor arena, ridden about five days per week. As a dressage horse, he has to be able to perform with an even gait even though his feet are mismatched, and he moves very well despite them.
"He pulls front shoes like they were taped on--you can't leave anything out behind the heel," says Rucker. He's ridden and turned out with bell boots and still pulls shoes off during turnout (probably when running full tilt, notes his owner), so various shoeing strategies (including aluminum rocker rail shoes, egg bars, etc.) have gone the way of the thrown shoe.
"He can't be away from the other horses much or he goes bonkers," adds Holthusen. "A lot of this stuff would have probably worked fine if we could keep him confined, stall-rested, and hand-exercised.
"Right from the start, we went with a four-point modified keg shoe with a rockered toe and gave him heel support at the same time," says Holthusen. "Within two shoeings, he had better consistency to his hoof wall and sole--he gained sole depth and better hoof wall overall. The owner commented that she couldn't believe how much more foot he had in two shoeings."
Critiquing Conformation
Probably the first important thing to understand about evaluating conformation, whether it's Reggae's or any other horse's, is that no horse is perfect. This isn't much of a surprise, as most of us humans have our little imperfections too--one foot a little bigger than the other, one leg a shade longer, a crooked finger. Or it might be more subtle than that, such as soreness on one side of your back from a misalignment that isn't visible at a casual glance, but it still affects your back's function and causes pain.
And regardless of how good he or she is, no farrier or veterinarian can fix poor conformation (except, in some cases, with surgery). "Bones don't change quickly in adult horses unless it's what you call a fracture, and not too many people want one of those," comments Lyle.
"For example, I measure pastern bone lengths (on radiographs)," he explains. "If one side is longer than the other, you need a bone wrench, not a horseshoe. If the true source is the bony column, the problem will be manageable, but obviously not resolvable. This further exemplifies how radiographs can benefit the foot care professional, owner, and horse, by allowing us to find ways to work with the limb, rather than against it.
"Shoeing the adult horse should complement the conformation, not correct it," he states. "You can balance the leg somewhat with the foot, but then the hoof becomes the sacrificial lamb. A balanced foot is one where all the components are doing their jobs--wall, sole, tendons, etc. When one gets more than its share of load from a bad step, bad angle, or poor shoeing, then you have pathology."
The goal, then, is to adjust trimming and shoeing (if applicable) to manage the stresses placed on the horse's hooves and legs so that no bone, tendon, ligament, or cartilage is overstressed. This ideal balance for that foot might not match one's mental image of the perfect, symmetrical foot, but if it works, then it's the perfect foot for that limb on that horse.
On to Reggae! Lyle begins: "The problems posed in the presenting history seem to be:
- Thin soles and tenderness on rocks;
- Frequent shoe loss, possibly from overreaching, and consequent wall insult/ destruction;
- Left front medial quarter crack; and
- Different front feet.
"Let's try to address these one at a time, though there will be some repetition and overlap," he says.
Thin Soles/Tender on Gravel
"Did the horse change locations, have his shoes removed, and has he been recently trimmed or ridden hard the previous day?" Lyle asks. We know from Reggae's history that he had changed locations, and initially had thin soles (8 and 10 mm on his front feet; 15 mm is considered by many to be a minimum "safe" depth). He now has plenty of sole--17 and 18 mm of sole on his front feet.
"Provided there was no reason to treat this case as laminitis, the standby treatment for this would be to add a pad," he states. However, he adds that this might address the result, but not the cause--the internal anatomy and compressive forces that are keeping the sole from growing as it should.
"In addition, in my opinion, pads can create more opportunity for shoe loss (when nails loosen as the pad compresses), and can allow for more solar moisture accumulation, further weakening the wall and sole-wall junction," Lyle explains. "The pad option would seem to be a better option in a dry, arid environment vs. a wet/muddy environment. The pad option thus protects the sole, but probably sets us back in two to three other areas.
"Based on the current measurements of the feet, Reggae has triple the sole depth exhibited by a lot of these big horses," he says. "This is probably a major contributor to his current soundness, and the existing radiographs suggest that thin soles are currently not a problem."
Frequently Lost Shoes
"Questions I would have regarding this issue include: Are the shoes being lost in deep mud or a pond?" asks Lyle. "Are the shoes bent when they are found, or are they flat with the nails sticking up as if the horse walked out of his shoe? Are the nails broken, or has some of the hoof wall been removed between the clinches and web? Are there signs on the heels of overreaching? The veterinarian side of the team may even need to be involved with a problem of this nature to evaluate neurological function. Subtle wobbler syndrome, EPM, or rhino (the neurologic form of equine herpesvirus) may cause incoordination and result in shoes being stepped on and removed by the horse."
"There's no mud or pond in that field," answers Rucker. "He even pulls them in his little dry lot sometimes, and there's no clear pattern as to where he's clipping them. There are never marks on his heels."
Reggae's hoof wall thickness is average to slightly below average for this size horse, Lyle notes, and will likely be thinner in the nailing area with this foot and conformation. The straight medial wall would further suggest a limited nail placement zone (in other words, it's tougher to get strong nails into the foot), and can result in part of a bought (straight out of the box), rounded shoe extending out past this straight wall, he added. Then it's a matter of how much shoe to keep out there to allow for expansion vs. the risk of providing an easy way to tear the shoe off.
"Large, young, overfed horses in English disciplines are usually turned out to self-exercise, and they play hard!" Lyle explains. "In spite of excellent blacksmithing, they still lose shoes, and the options become barefoot, glue-ons, or controlled exercise only."
So he asks: Is the shoe doing more harm than good? One problem with a horse like this is that every time he pulls a shoe, he tears up more of his foot.
"With the adhesive technology available today, a handmade glue-on shoe can offer some tremendous advantage for a competing athlete, but may be cost-prohibitive for another case that may be benefited with a four-point trim scheme and management changes (such as no or limited turnout with a strict exercise regimen, long-acting tranquilizers if the horse is overly active in the stall, cutting down on dietary starch, increasing exercise, hobbling pawers, etc., to 'take the edge off')," says Lyle.
Thrown Shoes=Hoof Wall Destruction
"Horses who are guilty of pulling shoes usually start getting clips, more nails, deeper nails, etc.," Lyle explains. "This is a recipe for hoof disaster in the big, playful fellow that is doing all of this in a stall or turnout. When dealing with a horse of this nature, it is the owner's responsibility to realize that he/she is going to have to pay to have a shoe replaced from time to time, or face more extensive repair and lay-up when the horse still jerks the shoe with clips and eight harpoons that are an inch and a half up into the wall.
"Reggae's history suggests to me he needs to be shod tighter (with the shoes exactly mimicking the wall shape above them), and the wall shape mimicking the coffin bone, thus enhancing breakover/foot lift-off in all directions," he comments. "The idea of support coming from shoe beyond the edge of the wall has never jived with me. I believe this creates an undesirable lever arm when the horse moves in the direction of the 'support,' resulting in shears and cracks, as well as providing a place for another foot to use that shoe for its support (i.e., tearing it off)."
Unless the nails are breaking or loosening, he recommends avoiding clips, as he believes they increase the risk of injury from a partially or completely pulled shoe. "And with radiographic guidance, shoe placement will begin to work in concert with the bony column rather than against it, and well-placed nails will adequately hold on the shoe," he adds.
Also, he says the shoeing frequency might need to be increased, perhaps even to every three to four weeks, to keep a closer watch on any nails that might be slowly loosening in a horse which is this hard on his shoes. "A lot of this is dictated by the horse's activity level and quality of his feet," he adds. "This is a multifactorial area of give and take with many options and consequences."
Quarter Crack and Low Heel (Left Front Foot)
"This leaves us with the issue of the crack to address and resolve," Lyle goes on. "It appears that the lateral (outside) wall is longer than the medial (inside), and this goes with the flaring that is occurring. I would like to measure the pastern bone lengths on the radiographs, and would expect to find the medial side of the bone longer than the lateral side of either P1 or P2 (the first and second phalanx bones). (Rucker notes that the medial sides of the front feet's P1s are 3 and 4 mm longer than the lateral sides.) Fortunately, the hoof has cracked in the uneven load distribution, and not the bone."
Arkley explains, "When the heel tubules all run forward like that, there will be uneven loading forces on the feet and they'll get quarter cracks pretty easily. I bet he has a blind (internal) quarter crack on the lateral side, too." (Author's note: At the next reset, Holthusen did observe a lateral quarter crack on this foot.)
"This horse likely grows laterally, and is thus jammed medially," Lyle observes. "If the bone lengths are not equal, this growth pattern will continue to occur, and the answer is to trim asymmetrically the hoof that grows asymmetrically, and at an interval that minimizes the opportunity for the cracks to occur. By trimming the lateral toe, quarter, and heel (thus inducing more weight-bearing on them), and redirecting the breakover to lateral of the apex of the frog (approximately 11 o'clock if the foot were a clock), your medial heel will automatically 'float' in the stance phase, and the jamming and crack will be manageable.
"In Reggae's case, I would specifically move the left front's breakover back to the existing second nail hole. I would pull the heels down ever so slightly to achieve parallelism between the wings of the coffin bone, and the rear of my shoe, and when you move breakover back as well, the palmar angle will go up about 10�--it's a self-adjusting palmar angle (for more information, see www.TheHorse.com/ViewArticle.aspx?ID=4245). The shoe would then be bent (rockered) to accommodate the shape of the foot, leaving 15 mm sole depth beneath the apex of P3, and having a 0 mm or slightly negative P3 breakover (behind the apex of P3 on a radiograph). I would make sure to have no exposed shoe in the back of the foot. I would use some Advanced Cushion Support in the sole. I would likely use a #4 four-point rail shoe, or would hand make one from 1"x 1 1/2" aluminum. I would not use clips, and would affix my shoe with either MX50s or Equilox.
"This is a very specific prescription that requires radiographic examination, interpretation, and application by the vet/farrier team," he continues. "This approach vs. the often-standard 'put on an egg bar with a pad' allows evaluation of the factors that are important to the horse to come into view and become available to any vet and farrier willing to put forth the effort needed."
Arkley's approach agrees with Lyle's: "It has been my experience that the only way to get a quarter crack to heal is to go after the source of the crack. This is the most crucial part of fixing it--fix the source and not the result. Then maybe the result can be fixed more quickly and the horse will move better.
"I have never had any luck unloading the heels," he continues. "I have much better luck changing how the foot loads. Combined with pulling back the lateral breakover and dropping the lateral wall, this foot will undergo a big change in a few weeks to months.
"I think the medial wall is being sheared by the short heel of the shoe," he goes on. "The coronary band is jammed in the heel area by the uneven loading of the foot, which results from the toe getting too long and spreading forward, and drawing and bending the heel tubules forward with it. By pushing back the heels we give the foot more surface to bear weight, hence more surface area to distribute weight. Get the coronary band to straighten and the foot will start growing much more massive heels, especially medially."
Mismatched Feet
"Just about all horses have one upright or club foot," observes Arkley. "Don't try to match it to the other one, because it's different. You have to do what's right for the foot. I put two different size shoes on horses all the time. We're not going to make them all the same.
"Constantly look for information on any kind of foot," he continues. "Keep looking for little indicators, flares, etc., that show weakness in the foot or something that's falling apart. Look at it abstractly, at what the inside of the foot is trying to do--the outside is a product of the inside."
Right Front--"The upright foot actually looks like a healthier foot than the other foot, which is maybe a bit overloaded," he observes. "It looks like he's wearing the toe more (than the left front's toe). The farrier has done some pretty darn good work. The hoof wall needs to be centered around the coffin bone a bit more.
"You manage these upright feet to keep sole depth," states Arkley. "Don't try to fix them--it doesn't work! Take the flare off the front of the foot, keep the sole under them, and don't do anything else. The horse doesn't know he's not supposed to have an upright foot.
"The farrier has done a beautiful job of pulling the toe back. Knock back (rasp the flare on) the toe just a tiny bit more (there's still just a very slight dish in it), roll it up just a bit more if you have the sole depth, starting way back in the foot under the extensor process (this really helps those sore horses in my experience), push the heels back (shorten them a bit, possibly to the widest point of the frog), and maybe use a half-size bigger shoe.
"You've got to get the blood flowing in the heels--as the toe gets long, it pulls the heels in and contracts them on a club foot big-time," he explains. "When you move breakover back, it sometimes takes off that lever arm and allows the heels to open up."
Left Front--"From what I see, this foot is in pretty darn good shape," says Arkley. "Compliments to the farrier. I would try a couple of things to see if we couldn't get the foot to hold a shoe a little better.
"These underrun horses are trying to get their frogs down to the ground to bear weight and take pressure off the damaged coronary band and wall," he continues. "If you load the foot with impression material and pull off these flares, this foot will heal up fast. See how the tubules change direction and go forward (at the heel)? See the heel self-destructing in this picture (left photo, page 56)? I see feet like this every day. There's just too much heel here. It needs to come back until you get some good, healthy heel. The heels are jammed up at the coronary band, and he's creating his own problems (bearing weight on those bent tubules is only making them worse).
"Cut him back to a strong heel, but don't take him too short, just enough to get a size bigger shoe on without leaving so much shoe hanging out the back, which by the way would really smash these feet," he says. "Center the whole foot, look from the inside out.
"The lateral wall and toe will need to be seen about every three weeks so it doesn't get away from us," he continues. "The old wall migrates very quickly (growing forward following bent tubules), so stay on top of these. I would use impression material on this foot and a leather pad to hold it.
"By loading the sole, the bony column will come up (move upward in the hoof capsule), hence really getting the blood to flow," he explains. "We always need to be aware of blood flow. The medial heel is not growing because of the compression of the blood supply."
Take-Home Message
And so concludes our investigation of Reggae and his average feet. What's the lesson in all this, since he isn't even your horse?
It's that your horse's feet are products of his internal anatomy, and those internal structures are what you're managing with foot care (trimming and/or shoeing), not just the hoof wall. After all, who only cares about the foot's appearance? You care about how it affects your horse's gaits and soundness. It's a bit like wearing orthotics and clogs to cut down on your back pain--not pretty, but very functional.
But in order to know what those internal structures are like and how they affect your horse's feet (and how to manage them), you have to look closer--and you might be surprised at what you'll find.
T-SHIRT THOUGHTS: Lesson From a Horse Owner
"I once worked on a horse in Florida with catastrophic founder in all four feet, corium displacement, and bone infection," says Bruce Lyle, DVM, of Aubrey, Texas. "Because of the opportunity to intervene early in the course of the disease, and past failures and successes with similar cases, I offered the owners a poor prognosis, but had ideas of how to address the problems at hand and possibly provide some opportunity for success.
"The owner of that horse was game, and from that day on, each time I saw him, he wore a shirt that said, 'Life's a journey, not a guided tour.' While we as scientists continue to develop the guided tour part of horse development, use, and ownership, it is up to all of us who are involved to realize that it is a journey still at this stage, still in need of the arts of blacksmithing and medicine to travel the roads of opportunity before us. It is the journey that provides the inducement and excitement of developing new, more efficient solutions to age-old problems, and the frustrations of failures. And it is imperative to have modes of communication such as The Horse so we may share our travels with one another.
"Funny how a T-shirt can make you think!"
"Just about all horses have one upright or club foot," observes John Arkley, an American Farrier's Association Certified Journeyman Farrier based in Palmer, Alaska. "Don't try to match it to the other one, because it's different. You have to do what's right for the foot. I put two different size shoes on horses all the time. We're not going to make them all the same."
"The upright foot actually looks like a healthier foot than the other foot, which is maybe a bit overloaded," Arkley observes. "Manage these upright feet to keep sole depth."
"The right front foot has more cup to the sole, a recessed frog, and a heavy digital cushion. (This is also visible on the solar view on page 60)," she says.
This more upright foot shows a more recessed frog and cupped sole than its leftward counterpart.
Widest part of foot: 5 inches
This lateral radiograph of the right front foot shows a fairly straight hoof-pastern axis (gold lines) and a higher palmar angle compared to the left front foot.
These are dorsopalmar (front) view radiographs. On the right front foot (shown at left as if you were standing in front of the horse), the medial side (inside) of P1 (first phalanx) is 4 mm longer than the lateral side (outside), but the bony column is more balanced mediolaterally than the left front--the medial and lateral sides of the coffin bone are the same distance from the ground (red lines) and joint spaces are more even. On the left front foot, the medial side of P1 is 3 mm longer than the lateral side, resulting in a somewhat crushed medial hoof and high lateral side of the hoof as well.
First phalanx (P1)
First phalanx (P1)
About the Author
Christy M. West
Christy West has a BS in Equine Science from the University of Kentucky, and an MS in Agricultural Journalism from the University of Wisconsin-Madison.
Related Content
Hoof Care and Disease (AAEP Convention 2012)
Support Strategies in Chronic Laminitis Cases
Cryotherapy Methods to Treat Laminitis
Long Toes in Horses: A Pain in the Butt?
Navicular Disease: Possible New Treatment Option from Human Medicine
How to Manage a Quarter Crack in Equine Hooves
Hoof Cracks, Wounds, and More Discussed at Farrier Session (AAEP 2010)
Foot Pain in Horses: Diagnosing Soft Tissue Problems (AAEP 2010)
Low Heels in Horses: New Grading System and Targeted Treatment
Platelets Might Play Early Role in Laminitis


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E3 2002 – Hands-on Preview
Battle-mech games have now been around for quite
some time and for the most part they've been enjoyable to play. However,
the typical control configurations, whether console or PC based, have never
really done the games justice, considering the actual complexity of powering a
mech – until now. With Capcom's upcoming Xbox release, Steel Battalion,
mech games will never again be the same.
The primary reason for this is the 40-button
controller that will be bundled with the game. This beast of a controller
(at about 3 ft. wide) will have two joysticks, three foot pedals, a gear
selector, and a huge variety of other buttons and toggle switches. It's
far from an average controller, and after using the prototype model at E3, I can
say that this thing is going to be awesome. Without a doubt though, the
typical gamer may have trouble piloting their VT, or Vertical tank, with such a
complex control device. Although for the hardcore gamer it's a dream come
true, since you actually feel like your in the cockpit of one of these awesome
machines, which is partially because of the realistic first-person view.
Every attempt has been made to make this mech experience as real as possible,
including the startup sequence that involves pressing the correct buttons and
toggle switches and precisely the right time – simply amazing!
Obviously just having a nice controller doesn't
automatically make Steel Battalion a good game (although it's close in this
case), as it needs to play well too. Not surprisingly, it both plays great
and looks stunning. In this game you'll get to participate in some serious
futuristic warfare as a member of a multinational task force whose goal is to
overthrow the government. In doing so, there will be a total of 20
different mechs to use through the 12 action-packed levels, all with different
characteristics. Gamers will be able to use quite a few different weapons
including rockets, machine guns, and more advanced plasma torches to take out
the opposition forces. The visual quality looks like it will be amazing
overall as well. Both the huge environments and the variety of objects
within them are so far very nicely put together and the special effects of the
weapons are very realistic.
As a result of this elaborate controller and the
smooth gameplay due to the processing power of the Xbox, Steel Battalion may be
the best mech experience ever available. The price for this experience has
not yet been determined, but don't expect this thing to be cheap. Even so,
for fans of mech warfare games it will be well worth every penny because it
seems that it will simply blow everything else out of the water. This
game, which will be exclusive to the Xbox console, is due out in November 2002.
Check out these pictures of the prototype model:

subset: commoncrawl


text:
Let's start out by saying, I really dislike web installers. I much prefer to download full installers, from servers that support resuming.
How can I upgrade my firewall, other than uninstalling this one and installing a different one?
After installing Windows 7 Ultimate 64-bit, I installed ZoneAlarm Free Firewall 9.2.102.000 (using zaSetup_92_102_000_en.exe), which has since been upgraded to 10.1.079.000, tried to use the "zaSetupWeb_101_097_000.exe" web installer, ended up downloading "zaSetup_101_079_000.exe" via the download link provided by the web installer. (Had the same problem as below.)
Now... I'm trying to upgrade my ZA Free Firewall from v10.1.079.00 to v10.1.097.000.
When I try to download ZoneAlarm Free Firewall using the web installer (zaSetupWeb_101_097_000.exe), the installer eventually gets to 97% downloaded (after several restarts, as the installer will not maintain a connection to the server) and then will not download any more. And it took me almost 24 hours to get this far, due to server timeouts, my falling asleep waiting. Oh yes, I opted for the version without the toolbar.
The current 'Download' window message is:
Downloading ZoneAlarm Free ... 97%
Estimated time left: -1 sec; Transferred 35 of 36MB at 0KB/sec.
(There is inbound traffic at this time of about 6KB/sec.)
Which then changes to:
Finished downloading products. 100%
And I get the following error message:
The installer failed to download all the required files. Please check your Internet connection and try the installation again. [OK]
I click on the OK button, the error message window and the 'Download' window close, and the "Resume ZoneAlarm Security Install" link is deleted from my Desktop.
During this time I have the 'Windows Task Manager' running and on the 'Networking" tab, and it shows traffic in both directions. I can have my browser open and browse to different web sites. So there is no problem with my Internet connection, except that it is slow, a 2G wireless connection which is marginally better than dial-up.
While the installer was still offering a link to the full download, that link is to "zaSetup_101_079_000.exe", which is the version that is already installed on my computer. It does not link to version 10.1.097.000.
My computer is 'Dave' built and a few years old now:
Processor: AMD Athlon(tm) 64 X2 Dual Core Processor 4800+ 2.51GHz
Installed Memory (RAM): 2.00 GB (1.87 GB usable) {I really need to upgrade this.}
Operating System: Windows 7 Ultimate 6.1 Service Pack 1 (Build 7601) 64-bit
ZoneAlarm Free Firewall version: 10.1.079.000
vsmon version: 10.1.079.000
Driver version: 10.0.217.000
AVG Version: 2012.0.1913
Virus database version: 2114/4883
Virus database release date: Tuesday, March 20,2012, 12:34 PM
LinkScanner version: 941


text:
Les femmes en situation d'orientation ou de reorientation professionnelle.L'exemple de l'Association Retravailler a Montbeliard. Tome 2: Approche empirique de la decision
Cette etude porte sur le processus de decision et d'orientation mis en place par les femmes qui souhaitent integrer ou reintegrer le monde du travail apres une absence plus au moins importante.
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The Alabama Administrative Code is a compilation of the rules of all state agencies covered by the Alabama Administrative Procedure Act. The Code is compiled by agency generally in alphabetical order by agency name and includes a table of contents for each agency's rules.
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This study is provided by ICPSR. ICPSR provides leadership and training in data access, curation, and methods of analysis for a diverse and expanding social science research community.
Consequences of Introducing Educational Testing in Northern Ireland, 1973-1977 (ICPSR 7790)
Principal Investigator(s): Airasian, Peter W.; Madaus, George F.; Kellaghan, Thomas
This dataset includes test scores for over 40,000 students in 175 Irish primary schools that were selected and randomly assigned to a variety of testing treatments as part of a four-year study. The goal of this research effort was to assess the effects of standardized tests and test results on teachers, students, and parents, as well as on school policy. Northern Ireland was chosen because of its developed educational system (in which the English language is used) and its prior lack of standardized testing. During the course of this study, three main testing treatments were implemented in all classrooms in each primary school: (1) no testing was done, (2) norm referenced ability and attainment testing was done in basic curricular areas (English, Irish, and mathematics), but pupil performance data were not returned to the teachers, and (3) norm referenced ability and attainment testing was done, and pupils' raw scores, percentiles, and standard scores were returned to teachers. This dataset contains the norm referenced test scores gathered over the course of the four-year study for each of eight primary age-group cohorts. Parts 1-6 contain scores from students who were in grades 1-6, respectively, during the first year of the study. Part 7 contains scores from students who were in grade 2 in the fourth (last) year of the study, and Part 8 contains the scores from students who were in grade 3 during the last year of the study. Background variables for each student (e.g., treatment group, school type, sex served by school, location of school, size of school, type of administration of school, school identification number, and student's sex) are also included.
Access Notes
Data in this collection are available only to users at ICPSR member institutions. Please log in so we can determine if you are with a member institution and have access to these data files.
Study Description
Airasian, Peter W., George F. Madaus, and Thomas Kellaghan. Consequences of Introducing Educational Testing in Northern Ireland, 1973-1977. ICPSR07790-v2. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 1981. https://doi.org/10.3886/ICPSR07790.v2
Persistent URL: https://doi.org/10.3886/ICPSR07790.v2
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This study was funded by:
- Carnegie Corporation (NIEG-003-214)
- Russell Sage Foundation
- Spencer Foundation
- United States Department of Health, Education and Welfare
- National Institute of Education
Scope of Study
Subject Terms: academic achievement, achievement tests, educational policy, educational system, educational testing, elementary school students, performance based assessment, reading comprehension, schools, standardized tests, students, teachers, teaching, test scores
Geographic Coverage: Northern Ireland, United Kingdom, Global
- 1973--1977
- 1973--1977
Universe: Primary schools in the Republic of Ireland.
The codebook for this dataset contains detailed descriptions of the sampling procedure, the kinds of tests given, the various treatment groups, the chronology of the testing procedure over four years, and highlights of the analysis of the effects of the testing on all groups in the study.
Sample: A nationwide random sample of 175 primary schools was stratified by size and location, and schools were randomly assigned to a variety of testing treatments.
standardized test scores
Extent of Processing: ICPSR data undergo a confidentiality review and are altered when necessary to limit the risk of disclosure. ICPSR also routinely creates ready-to-go data files along with setups in the major statistical software formats as well as standard codebooks to accompany the data. In addition to these procedures, ICPSR performed the following processing steps for this data collection:
- Created variable labels and/or value labels.
Original ICPSR Release: 1984-05-03
- 2010-06-04 SAS, SPSS, and Stata setups have been added to this data collection.
- 2006-01-18 File CB7790.ALL.PDF was removed from any previous datasets and flagged as a study-level file, so that it will accompany all downloads.
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"I think it's still important for anyone to work out at any age but it's really most important to continue in later years if you're wanting to be active such as riding."
Not picking an argument with you but. It really doesn't work for everyone. I do some sort of regimented exercise most days of the week, but my hips & knees still hurt if I stay in one position for too long. Add cold weather?...it's worse. Now I will say that I may feel even worse if I did not exercise but??!!
This was discussed in another thread, and I truly believe it comes down to genetics.
Bill Johnston
Bill Johnston
Thanks, I'm one of those rare one percenters that some docs talk about. It's all good!
Best wishes to you and yours...!
Bill Johnston
Taconic Parkway North heading to ride in Massachusetts Oct 2012
Interesting. I am not familiar with the Taconic Parkway. I looked it up on the map and it appears to be sort of a four lane Blue Ridge Parkway. Nice setting. Must have been a beautiful ride.
Breathe in the fresh air @ 12,547 feet......
Dennis and Karin Trovato
2005 BMW R1200GS (In Europe) //// 2015 BMW R1200GS Adventure (In USA)
First attempt loading a pic. May need to resize.


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What's new here on blufftontoday.com
Tee Time Tips:
This week's tip is on ball positioning and how it is essential to consistency in your golf game.
• Tee Time Tip 3: Ball Positioning
• Tee Time Tip 2: Hand Positioning
• Tee Time Tip 1: Club Face Alignment
To see these videos, go to blufftontoday.com and click the Tee Time Tips link from the homepage or click "Tee Time Tips" under the dropdown video menu link.
Spotted® galleries from:
• Boys & Girls Club Lowcountry Boil
• Boys & Girls Club of the Lowcountry oyster roast
• Bluffton Beer Fest
Check out our video page on our website.
Click the videos menu link at the top of any page on blufftontoday.com to see the new videos page with sections such as:
• Top trending videos
• Latest news
• Sports
• Golf and tennis
• Entertainment
• Viral videos
There are also new video players set up throughout the site as well. Like sports videos, must see videos, education videos and top trending videos for a more interactive relationship with our readers.
Social media:
• The Sun Today has a revamped facebook page at www.facebook.com/BT.TheSunToday
• New social media icons have been added to our page like Google+ and YouTube.
• Pinterest — Our Pinterest page now has a Spotted® board that will have event pictures uploaded to it with links to the photo galleries. The Spotted® pins will feature some of the best photos from the events we cover in the community. Also on our Pinterest page, we have shared boards from Savannah Morning News that contain fun photos from events in Savannah.


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A vibrant community and traditional New England simplicity await hotel guests in Orange, Connecticut—a town with over 350 years of history. Come for the annual Orange County Fair, and taste authentic New England clam chowder, watch live entertainment, or participate in the hay bale toss. In the fall, Orange hosts a Pumpkin Palooza event where attendees can enter the pumpkin-carving contest, experience the haunted maze, or enjoy some carnival games. Visitors to Orange can travel to the nearby city of Hamden and take a tour of the Eli Whitney Museum and Workshop, experiencing the history of the former manufacturing village.
Formerly a part of the city of Orange, nearby West Haven offers a beautiful coastline with many historical attractions. Our Orange hotel's guests can visit the Savin Rock Museum and learn about the Revolutionary militiamen who watched for British ships. Before heading back to your Orange hotel, be sure to stop by the rustic Bear & Grill to enjoy some delicious regional cuisine. For Italian, make reservations at Bertucci's, or enjoy some homemade pizza at Zuppardi's Apizza; if you want a more sophisticated dinner, don't miss the amazing Savin Rock Roasting Company in West Haven.


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Samsung warns of 3-D TV health hazards
14 comments
PORTLAND, Ore.Samsung Electronics Co. Ltd. has posted a 3-D TV health warning on its Australian web site describing a long list of hazards potentially associated with the technology. The warning is reminiscent of the concerns which plagued the fledgling virtual-reality market a decade ago.
Samsung's posting, titled, "Photosensitive Seizure Warning and Other Health Risks," runs through a short list of serious maladies that can be triggered as a result of viewing 3-D TV, the worst of which is a stroke or epileptic seizure. The warning also describes a long list of symptoms to watch out forespecially in children and teenagersincluding altered vision, lightheadedness, dizziness, involuntary movements such as eye or muscle twitching, confusion, nausea, convulsions, cramps, disorientation and "loss of awareness."
Lesser evils that 3-D TV may cause, according to Samsung, are motion sickness, perceptual "after effects," eye strain, "decreased postural stability," headaches and fatigue. Taking breaks is advised as a quick fix for any of these symptoms. The warning advises people suffering from symptoms against drinking alcohol, watching when tired or watching if you are in "bad physical condition."
The warning states that viewers can damage their eyesight by sitting too close or by walking around outside wearing 3-D glasses. The warning also advises against placing a3-D TV too close to "open stairwells, cables, balconies or other objects that may cause you to injure yourself."


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Contributed by: Andy James
Related quotes
"To a group of 25-year-olds here for a bachelor party, it'll conjure up a sense of naughtiness, escape and a secret-keeping thing. But to a 75-year-old couple from Des Moines, it'll be violating their low-cholesterol order from their doctor, and having shrimp cocktail at 3 o'clock in the morning and not telling their kids about it."
"Like other parties of the kind, it was first silent, then talky, then argumentative, then disputatious, then unintelligible, then altogether, then inarticulate, and then drunk. When we had reached the last step of this glorious ladder, it was difficult to get down again without stumbling!"
Contributed by: Andy James
"It's people who come to Las Vegas for a bachelor party every two years, ... A pretty reasonable percentage are one-timers. We're identifying who has good potential. That's our job."
"Instead of warning pregnant women not to drink, I think female alcoholics should be told not to fuck"


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After three years of droughts, Cape Town, South Africa, has set Day Zero—the day the town runs out of water—for April 21, 2018. Cape...
H2O Innovation (2000) Inc. confirms the technological recognition by the "ministère de l'Environnement du Québec (MENV)", of its membrane filtration systems intended for surface water treatment. It is the first such certification granted by the MENV to any company having developed a nanofiltration treatment solution fulfilling the requirements of the Drinking Water Quality Regulations.
"Recognition of this nanofiltration technology (NanH2Ofiltration) represents a passport to greater growth for the company. Henceforth, many Quebec municipalities will be required to opt for this certified treatment solution, in order to meet the standards required for drinking water quality" says Mr. Frédéric Dugré, Executive Vice-president of H2O Innovation. Granted by a committee for drinking water treatment technologies formed by the "ministère des Affaires municipales, du Sport et du Loisir" and the "ministère de l'Environnement", this certification confirms the performance of H2O Innovation nanofiltration systems.
The water treatment product line Omega validated under NanH2Ofiltration technology, will allow the company to provide solutions for the municipal market. The nanofiltration membrane filtration treatment system ensures the reduction of turbidity, color, organic contents, total solids dissolved and trihalomethane precursors compounds as well as the elimination of bacteria and viruses present in water. Protocols for the control and monitoring of the nanofiltration membranes integrity as well as the integrity control for the overall system itself, were developed by H2O Innovation in order to ensure safe water production, exceeding all existing standards of quality of drinking water currently in force in Quebec. The systems will have the added advantage of being densely built-up, automated and with low operating costs.
H2O Innovation remains the Canadian Company having the most technologies certified by the MENV for drinking water (NanH2Ofiltration) and wastewater (RBR and Bio-FosseDT). Two other technologies developed by H2O Innovation are currently in the process of being certified by the MENV.


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Here is your nightly recap for the Cubs minor league system, full recaps/box scores after the jump, enjoy.
Tennessee was off
Gerardo Concepcion needs to find a way to get thru the first inning. His last start saw him give up five runs in the first, last night he gave up seven and never made it out of the first. The whole was too for Peoria to climb out of as they eventually fell to Fort Wayne 8-4. Zeke DeVoss, Rafael Lopez, Paul Hoilman, and Ryan Cuneo all had two hits in the loss. Peoria hitters combined to hit five doubles on the night.
Frank Del Valle pitched fantastic going five innings and only allowing two runs on five hits. He ended his evening with a no decision however as the D-Cubs bullpen couldn't hold a 6-4 lead late. Lakeland plated four runs in the 8th inning to come all the way back from a 5-1 deficit to win 8-6. Every Cubs hitter had at least one hit, Szczur, Andreoli, and Bonne all had two hits. Rubi Silva went 3-for-4 at the plate with a pair of RBI's. Szczur is on fire of late, and is running a lot, he had his 13th stolen base of the season.
Travis Wood only lasted five innings and took the loss after giving up five runs on seven hits in a 5-4 loss to Memphis. Adrian Cardenas is red hot right now, and really has been all year, he continued his hot hitting ways Monday night going 2-for-3 with a walk, a home run, and an RBI. Anthony Rizzo was 2-for-4 with a pair of RBI's in the loss.
Thanks for reading,
– George


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I've been wanting a Janome Horizon12000 since I heard about them since I've been exposed to machine embroidery (due to this forum) and really wanted a larger hoop than the 5x7 I had! (seriously!) I'd started to save for the machine--here in Poland they cost new about 17,000 zl which is between 5-6K dollars. This seems to be a lot less than in the states.
Last week, on Saturday (the 5th) when I was waiting for a lady at the dentist's office (I had been her transportation), I checked an on line auction here in Poland which is more or less like Ebay, but not. There was one advertised for what made me blink...
When I saw this ad, it said, "brand new Horizon 12000" still with the plastic on it for just over 3K (I'm changing the money back into dollars). It was a Buy it Now. I called in the afternoon, checking several times to see if it was sold yet, but the seller was a new seller with "0" reputation--and usually you don't buy something so expensive without seeing it from a new seller. He just happened to live in our town (Warsaw), and not 200 miles away, which is what seems like usually happens. Apparently the seller put the ad up and then went away for the holidays and just got back on Saturday--the same day I saw the ad. I called on Saturday afternoon and made contact. I asked if I could see the machine and asked for a history of it. I had kind of wondered if it was stolen since there is a dearth of these machines for sale, second hand.
However, the seller told me he was selling it for a friend of his who had bought it for his wife who had filed for a divorce--without ever even using the machine!!!! (Can you even imagine?)
So they were selling this brand new machine (apparently purchased originally in Sweden), for 60% of the new price in Poland, but it is much less than people in the states are having to pay.
I made an appointment for Sunday afternoon and we went and saw it, bought it and took it home. While we were there, he answered the phone from two other interested buyers. In a way I felt like I stole it, but in a way, I felt like it was a gift and was meant for me.
All of the details just worked out...like my checking the auction (which I wouldn't have if I hadn't taken that lady to the dentist), and being able to come up with the money the next day and making contact with the seller because my husband told me, "Go CALL HIM" when I told him about the ad!
I'm one happy/grateful lady.
It had been a rough December because we do so much charity work in December including giving away a bunch of quilts, presents, etc. so I was really tired plus I got dreadfully sick on the 17th which lasted several weeks.
But I know that a few of you can really be happy with me. Just wanted to share my good news! I feel so privileged. I've tested the machine and all seems to work well.


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Hey everybody so I'm new to webdesign (Not with graphic design though) but I've learned a bit of CSS and HTML5, enough to design a simple 10-15 page website. However I feel that without offering eCommerce services I vastly limit my client base.
So first off, is there an easy way to implement a simple eCommerce system without resorting to Word Press or outsourcing to a php developer. This Word Press plugin really impresses me: http://getshopped.org/ So say a jewelry store wanted to sell some of their items online, how would I go about doing this?
WordPress seems really versatile (Though I hear drupal is far more powerful) since it can be used as a CMS and because its plugins really pack on some flesh to it. But right now my niche is small businesses with basic needs.
Also, is there a way to style Word Press with CSS? That seems to be the ideal option as far as I know but I also have read that you need some knowledge in PHP to do so. Any recommendations?
Or is there anyway to convert a CSS design into a wordpress template?
Hi webdesignoob. Welcome to the forums.
is there an easy way to implement a simple eCommerce system without resorting to Word Press or outsourcing to a php developer.
Indeed, yes. You basically have three options:
1) install a shopping cart on your site and deal with all the coding and security (probably the best option but the hardest);
2) use a service like Shopify, which is ready made for ecommerce and the whole site is hosted with Shopify, so that you don't have to worry about security etc. You can style the site as you please, and just pay a monthly fee;
3) a middle option is to have your own site but to included payment buttons that take you to a separate, 3rd party site. The simples version is PayPal, but it's a bit ugly, so there are better options like FoxyCart, where you can style the payment pages just like your site so that the customer doesn't know he/she is on a different site.
is there a way to style Word Press with CSS?
Yes indeed. You can totally customize WP with your own theme, styling etc. It can get a bit messy, though, so beware. You really need to know HTML and CSS well, and preferably a bit of PHP. You can also get ready-made themes instead.
Oy Vey! I've been looking through some CSS to Wordpress tutorials and it doesn't seem that difficult to do. I've also been looking at a few other options such as Magento which is geared towards ecommerce type sites, which seems to have more robust security features and a better backend for inventory management. I think the way to go is to build an ecommerce test site for myself and see how it goes. As always easier isn't always better.
I have a question though while I'm here already. What's the best way to test your website for compliance and other things (I mean besides using the WC3 code checker)? What I mean is what's the best way to iron out all the kinks and bugs? Do you simply just test it in every browser and screen and OS possible?
And forms! Argghhh. I suck so much at PHP, is there like a solid PHP script that I can buy and just style myself?
Yep, if you're game, that's the best way. It's the security stuff that worries me—SSL certificates and all that stuff.
what's the best way to iron out all the kinks and bugs? Do you simply just test it in every browser and screen and OS possible?
Yes, probably just testing as much as possible, and maybe getting friends to have a look, too.
is there like a solid PHP script that I can buy and just style myself?
There are lots of them, many free. Here is a rough list I've compiled:
http://swiftmailer.org/http://phpmaster.com/form-validation-with-php/http://css-tricks.com/139-nice-and-simple-contact-form/http://css-tricks.com/examples/NiceSimpleContactForm2/http://www.helpvid.net/tutorials/dreamweaver/php-script-download.htmlhttp://green-beast.com/gbcf-v3/http://www.freedback.com/http://accessify.com/tools-and-wizards/accessibility-tools/quick-form-builder/http://css-tricks.com/snippets/php/send-email/http://seo-watch.com/hosting/mail_form.phphttp://www.felgall.com/php2.htmhttp://www.easyphpcontactform.com/manual.htmlhttp://www.addressmunger.com/contact_form_generator/http://webgeekworld.com/web_development_resource_details.php?id=42http://www.webformfactory.com/http://www.freecontactform.com/email_form.phphttp://swiftmailer.org/using Google docshttp://programmingkid.com/google-docs-contact-form-without-coding/
Thanks so much!
You have probably already discovered this. but you can edit the CSS/PHP of a WP theme directly from the dashboard (appearance: Edit theme), tho I like t work on back up copies, for safety. Still, editing the theme in no way affects the DB, so your data is safe.
Since you mentioned Magento and Drupal, have you considered Joomla? Joomla seems to be very Magento friendly , there are plug in for carts and IMHO, it is as powerful as Drupal, and almost as easy to figure as WP ( well as long as you aren't coding plugs... but those are those learning too)
cart66.com is a nice WordPress plug-in for eCommerce.
If your looking for a really simple solution you could just create paypal buttons.
I wouldn't suggest it for someone who wants to sell many products, however.
I use a very easy to use free package from Oscmax.It uses Open Source (thats why its free) and has a great shopping cart and help forum.It is regularly updated and has some very nice features.The shopping cart can be configured to take Paypal, Sagepay, most major credit cards and it has built in shipping modules for Fedex, Royal Mail and many more.
Free yourself from the hassle of installing anything, maintaining a code base, doing regular security patches, and all that other stuff, and have a look at the excellent Shopify.com. I've used this for UK stores, and it works a treat.
I suggest you to simply purchase cPanel based hosting with free shopping cart. Shopping cart have all features built-in for eCommerce setup.
I would recommend using an e commerce platform and then adding an onsite WordPress blog to it. E commerce plugins tend to have very suspect security, whereas e commerce shopping carts are specifically designed to keep things secure.
I would also recommend using a cart that has a hosted solution. They have to keep their software up to date, security-wise, when it is a hosted software or people would stop using them. Carts that you buy and host yourself are always lagging far behind in security patches - if they provide them at all - and you have to constantly check for updates and install them yourself. Good hosted shopping cart solutions automatically update the security of the website software - you don't even know it happened.
I recently moved all six of my e commerce websites over to a new platform called Zulu Cart (I won't link to it, but you can look it up). Although I know CSS, HTML and a decent amount of PHP, I prefer to not use it if I don't have to. Zulu is all point and click, drag and drop and you can completely customize the look of everything without ever having to monkey around with CSS files in your cPanel. If you can use Microsoft Word, you can use Zulu Cart - it's that simple.
e-junkie is pretty cool in that it adds a whole admin system and minimal pop-up shopping cart to your paypal buttons.
Volusion is another decent solution for feature-packed eCommerce. Although, customizing Volusion stores can be tricky.
I would recommend WooCommerce from Woothemes who create high quality wordpress themes, they also create wonderful premium plugins like WooCommerce.


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Despite rumors and general concern the National Security Agency (NSA) is battling other federal agencies for the lead role in the country's cybersecurity efforts, new comments from government officials state otherwise.
"We do not want to run cybersecurity for the U.S. government," Lt. Gen Keith Alexander said during the RSA security conference in San Francisco, California. "I think we need to dispel the rumors."
Alexander has led the NSA's code-breaking and communications division since 2005, and is unaware of who will be selected to lead the White House's cybersecurity department. The NSA has the ability to help prevent cyber attacks by making sure networks are properly secure, and will likely continue to provide security for military agencies.
The Department of Homeland Security currently oversees cybersecurity for civilian agencies, though it's possible that can change once President Obama announces changes after a mandated 60-day cybersecurity review.
Alexander's remarks come a month after the head of the U.S. cybersecurity center said there was a strong power grab by the NSA. Furthermore, Rob Beckstrom said the NSA's influence over how the National Cybersecurity Center handled cyber issues was problematic towards the agency.
"While acknowledging the critical importance of NSA To our intelligence efforts, I believe this is a bad strategy on multiple grounds," Beckstrom wrote in a note to Homeland Security Secretary Janet Napolitano.
Analysts expect President Obama to make a decision in the next couple weeks about a cybersecurity department and who will run it, which should help ease worries of an internal government power struggle from several agencies.
Something must be done, as there is growing concern of organized cyber attacks from China and Eastern Europe. China has denied its role in cyber attacks, but the Department of Defense (DoD) is more worried about protecting more than 7 million DoD computers across the world.


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American Samoa Gov't; Gibbons v.
VIRGINIA L. GIBBONS, Plaintiff,
and ROES 1 through 10, inclusive, Defendants.
High Court of American Samoa
Trial Division
CA No. 128-93
April 26, 1999
[1] The doctrine of governmental immunity, which at common law shielded the king from imputation of wrongdoing, has been supplanted in American Samoa by the Government Tort Liability Act, A.S.C.A. § 43.1203.
[2] Under A.S.C.A. § 43.1203, the American Samoa Government has voluntarily waived immunity for most tortious acts of misfeasance and nonfeasance, and retains its common law shield against liability only in certain particular circumstances.
[3] Governmental immunity for any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty of an officer or employee is retained under A.S.C.A. § 43.1203(b)(2).
[4] As to discretionary functions under A.S.C.A. § 43.1203(b) (2), a distinction is made between activity that occurs at the executive or planning level and that which occurs at the operational level; the former is immune under the discretionary function exception, while the latter is subject to potential tort liability.
[5] Day-to-day decisions involved with running a prison are not necessarily operational in nature such that they would lose their cloak of governmental immunity; some are discretionary.
[6] Although decisions such as whether to move a prisoner to a lower-security unit, how often to conduct bed checks, and how many lights and guards will be posted and where occur at the operational level, such decisions are discretionary.
[7] Although prison officials are free under A.S.C.A. § 43.1203(b)(2) to use their judgment as to most daily decisions regarding facility [3ASR3d136] administration, there is no discretion involved pertaining to basic security measures.
[8] Such things as not closing off a hole in a cell wall large enough for an inmate to escape through, a failure to secure a perimeter gate, and generally maintaining a prison in such a sorry state that the warden refers to security as "a joke," are not shielded from immunity as the product of governmental discretion; unlike decisions involving judgment, such basic acts and omissions require none, and so are not exempt from liability under the discretionary function exception to the Government Tort Liability Act.
[9] The American Samoa Government has a legal obligation to protect fellow inmates and members of the general public from those whom it has taken within its custody, and may be held liable for harm done by an inmate negligently permitted to escape.
[10] A failure to secure the walls and fencing of a prison is unreasonable, and constitutes a breach of duty of owed by the American Samoa Government to a party living near the prison.
[11] A prison custodian's duty to third parties is to take reasonable precautions to keep criminals confined so that they may not commit further crimes.
[12] Where an escapee proceeds within hours to attack a party living next to the prison, especially where such attack is exactly the type of crime in the same area for which he had been convicted, it is clearly foreseeable that the breach of the prison custodian's duty of care–by neglecting to cover huge holes in the prison's walls, by leaving perimeter gates unsecured, by negligently allowing alcohol into the compound, and by generally failing to provide reasonable security measures–could result in such a crime and the injuries to the person attacked.
[13] The American Samoa Government, receiving pecuniary benefit as a landlord of a government housing complex, acts in a proprietary manner, and therefore may not hide behind the cloak of governmental tort immunity when so acting.
[14] Without the benefit of sovereign immunity, the American Samoa Government's responsibility to its tenants is the same as that of any other landlord; and the guiding principle is that landlords have no duty to protect tenants from criminal attack.
[15] The forseeabilty exception to the principle that landlords have no duty to protect tenants from criminal attack is not present where only one significant criminal act occurred at a government housing complex three [3ASR3d137] years prior to the attack on the plaintiff; and it is mere speculation that a prison's proximity to the government housing complex makes the latter significantly more prone to violent crime.
Before KRUSE, Chief Justice, TUA`OLO, Chief Associate Judge, AFUOLA, Associate Judge.
Counsel: For Plaintiff, Aumoeualogo S. Salanoa, William H. Reardon
For Defendants, Fiti A. Sunia, Assistant Attorney General
On February 16, 1992, plaintiff Virginia Gibbons ("Gibbons"), was sexually assaulted by Maosi Fuala`au ("Fuala`au") after he escaped from the American Samoa Government Correctional Facility in Tafuna ("Correctional Facility") where he was serving a prison sentence for the earlier sexual assault of another Government Housing tenant. Gibbons brought suit for tort damages under two theories of liability. She alleges the American Samoa Government ("ASG") breached its duty of care in its capacity as prison custodian and breached its duty of care in its capacity as her landlord.
Gibbons and ASG each brought motions for summary judgment prior to trial, both of which were denied (on October 8, 1997 and July 20, 1998, respectively). On January 5, 1998, Gibbons made a motion to bifurcate trial proceedings regarding the issues of liability and damages, and that motion was granted on February 2, 1998. Accordingly, trial on the issue of ASG's liability took place from July 27 to July 29, 1998, with counsel present for both parties.
At the time of the attack, Gibbons was a contract specialist hired to work for ASG. She lived in the Government Housing Tract in Tafuna ("Government Housing") which is owned and operated by ASG and which is where ASG houses most of its contract employees. On February 16, 1992 at about 1:00 a.m., Fuala`au cut through the "rat wire" and screen in the living room of Gibbons' house. He sexually assaulted Gibbons throughout a period of several hours and stole a VCR machine as he left the house.
Only hours before the attack, Fuala`au had escaped from the Correctional Facility where he was serving a 5-year term for the rape of Phyllis McCullum, another former Government Housing resident. Officers at the Correctional Facility discovered Fuala`au missing during [3ASR3d138] a bed-check at about 1:00 a.m. Officers looked for him at the Correctional Facility and, at about 2:30 a.m., began searching the Government Housing complex for him. He was found wandering toward his aunt's house in the Government Housing complex just before 4:00 am that morning. On July 16, 1992, Fuala`au admitted to raping Gibbons, and the court sentenced Fuala`au to 60 years in prison.
For each of Gibbons' two theories for recovery—ASG as custodian of the Correctional Facility and as landlord of the Government Housing complex—ASG both denies liability and claims governmental tort immunity. We will examine each of these theories in turn, first determining whether the government is immune from tort liability and then, if necessary, proceeding on to assess whether ASG is in fact liable for Gibbons' injuries.
A. ASG as Custodian of the Correctional Facility
1. Governmental Tort Immunity
[1-3] Governmental immunity was originally established at common law to shield the king from the imputation of wrongdoing but, not surprisingly, this concept has largely been abolished in modern times. In American Samoa, the doctrine has been supplanted by the Government Tort Liability Act, A.S.C.A. § 43.1203. Under that statute, ASG has voluntarily waived immunity for most tortious acts of misfeasance and nonfeasance, and retains its common law shield against liability only in certain particular circumstances. In this case, the exception which ASG claims should be applied may be found at A.S.C.A. § 43.1203(b)(2), which retains governmental immunity for "any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty of an officer or employee." The rationale for this exception, of course, is to prevent judicial second-guessing of decisions which are properly within the purview of the executive.
[4] With only this very basic statutory language to serve as a starting point, then, it is therefore left to the courts to determine what sorts of activities properly constitute "discretionary functions" within the meaning of the statute. Fortunately, this jurisdiction is not without precedent on the issue. In the seminal case of Savage v. American Samoa Government, 1 A.S.R.2d 102, 105-06 (Trial Div. 1983), this court drew a distinction between activity that occurs at the executive or planning level and that which occurs at the "operational" level, holding that the former was immune under the discretionary function exception, while the latter remained subject to potential tort liability. Citing Hansen v. City of St. Paul, 214 N.W.2d 346 (Minn. 1974). See also Breed v. Shaner, 562 [3ASR3d139] P.2d 436, 442 (Haw. 1977) (holding. the state liable for activities that were operational in nature and which did not involve "broad policy factors").
[5] Were we to confine our discussion to the Savage case and apply the traditional "planning level" versus "operational level" distinction, the day-to-day decisions involved with running a prison presumably would be found to be operational in nature and would therefore lose their cloak of governmental immunity. However, after reviewing recent developments in this area of the law in other jurisdictions, we are persuaded to reject the rigidity of the Savage holding with respect to this issue and instead follow the somewhat more flexible approach outlined by the United States Supreme Court in United States v. Gaubert, 499 U.S. 315 (1991).
In interpreting the discretionary function exception of the Federal Tort Claims Act—a provision nearly identical to A S.C.A. § 43.1203(b)(2)— the Gaubert court expressly rejected the notion that activities at the operational level by definition could never involve discretion:
A discretionary act is one that involves choice or judgment; there is nothing in that description that refers exclusively to policy-making or planning functions. Day-to-day management of banking affairs, like the management of other businesses, regularly requires judgment as to which of a range of permissible courses is the wisest. Discretionary conduct is not confined to the policy or planning level.
Id.at 325, quoting United States v. Yang Airlines, 467 U.S. 797 (1984). In our view, the Supreme Court's approach comports much more closely with the plain language of the statute, requiring a straightforward inquiry into whether the conduct in question involved "discretion" of the sort which the Act was designed to protect. As the Court stated in Gaubert, "[i]t is the nature of the conduct, rather than the status of the actor, that governs whether the discretionary function exception applies in a given case." Id.
[6] With this framework in mind, we now turn to the specific facts of this case regarding the government's custodianship of the Correctional Facility. As the ASG correctly points out, certain decisions by prison administrators, alleged to be negligent by Gibbons, did indeed involve elements of discretion and are properly immune from tort liability under A.S.C.A. § 43.1203(b)(2). These include, for example, the critical decision to move Fuala`au to the lower-security Juvenile Unit, as well as major administrative decisions such as how often bed checks would be conducted or precisely how many lights and guards should have been posted in which positions around the prison grounds. Although they [3ASR3d140] occur at the "operational level," these matters involve basic issues of resource allocation and require close judgment calls which are best left to those trained in the field of penal administration. Within reason, prison officials must be given appropriate leeway to run the Correctional Facility as they deem to be most effective given their available resources; in short, the court will not seize our inevitable advantage of perfect hindsight to hold such decisions unreasonable after the fact.
[7-8] However, while prison officials are free under A.S.C.A. § 43.1203(b)(2) to use their judgment on most of the daily decisions regarding the administration of the Correctional Facility, there is no discretion involved in ASG's activities—or non-activities, as the case may be—pertaining to basic security measures. Most notably, the decision to not close off a hole in the cell wall large enough for an inmate to escape through does not require the exercise of discretion; failure to secure the perimeter gate presumably does not involve a decision at all, much less one requiring any degree of judgment; and generally maintaining the Correctional Facility in such a sorry state that even the warden referred to security as "a joke" cannot be shielded from immunity as the product of governmental discretion. Unlike those decisions which involve some element of judgment, these most basic acts and omissions require none, and they therefore are not exempt from liability under the "discretionary function" exception to the Government Tort Liability Act.
As a result of this analysis, then, certain ASG decisions held to be immune may therefore not be considered in the following discussion of liability (e.g., the decision regarding Fuala`au's assignment to the Juvenile Unit, bed check procedures, guard assignments, etc.). Any finding of negligence, therefore, must be predicated on the remaining facts which involve non-discretionary activities.
2. Liability as Prison Custodian
[9] Like any action for negligence, to demonstrate liability in this case plaintiff must prove the standard elements of duty, breach, and cause. The first element, duty, is a straightforward question of law on which there is direct precedent in this jurisdiction. In Rakhshan v. Tuilefano, 18 A.S.R.2d 46, 48 (Trial Div. 1991), the court explicitly identified ASG's legal obligation to "protect fellow inmates and members of the general public from those whom it has taken within its custody." Other courts have come to the similar conclusion that, under appropriate circumstances, the government may be held liable for harm done by inmates negligently permitted to escape. See generally 44 A.L.R.3d 899, 901, Liability—Harm by Escaped Prisoner; Webb v. State, 91 So.2d 156 (La. App. 1956). [3ASR3d141]
[10] Having established that ASG owed Gibbons a duty, we now turn to the more difficult and fact-intensive issues which tend to be determinative in prison escapee cases. As addressed above in the discussion of governmental immunity, any finding of breach must be the result of those acts which were non-discretionary in nature. In reviewing that subset of facts, we hold that ASG was indeed negligent in its operation of the Correctional Facility. Notwithstanding the fact that the Correctional Facility had been ravaged by Hurricane Val a few months prior to the escape, we find that the failure to secure the walls and fencing of the prison was unreasonable even under these extraordinary circumstances. Moreover, according to the evidence offered by the warden himself, security had been generally lax even prior to Val's arrival. Inmates negligently had obtained access to alcohol, and Fuala`au himself was intoxicated on the evening in question. Perimeter gates were routinely left unlocked and unguarded. In short, the Correctional Facility's security and escape record historically had been—and continues to be, for that matter—nothing short of abysmal. Even without regard to those decisions involving the discretion of prison officials, ASG breached its duty of care to Gibbons.
[11] Despite the finding that ASG breached its duty of care, however, recovery may nevertheless be denied if Gibbons' injuries are not within the scope of the duty breached. See Frank v. Pitre, 341 So.2d 1376 (La. 1977); Green v. State, 91 So.2d 153 (La. 1956). In this type of case, therefore, the key is not merely that the plaintiff be harmed as a result of the negligence, but also that the injury received should be of the type which the duty exists to prevent. The Green case, supra, is illustrative. In Green, the court denied state liability for the escapee's negligent operation of an automobile since "the breach of the duty and the duty breached were not sufficiently related to the injuries received as to import liability for damage resulting from the breach." 91 So.2d 153, 155. A prison custodian's duty to third parties is not to prevent car accidents incidental to escape, but rather to take reasonable precautions to keep criminals confined so that they may not commit further crimes.
[12] Unlike Green, though, the specific facts of this case lean heavily toward finding the ASG liable, and we do so find. In those cases which reject finding liability for a prison custodian, the primary reason cited is often the lack of temporal and geographic proximity between the escape and the post-escape injuries. See Nelson v. Parish of Washington, 805 F.2d 1236 (5th Cir. 1986) (prison custodian found not liable largely because post-escape crime was committed 13 days after the escape and 750 miles from the jail); Reid v. State, 376 So. 2d 977, 978 (La. 1979) (no liability where shooting by escapee occurred 11 days after the escape and 60 miles from the jail). In this case, however, the injuries sustained by Gibbons were inflicted only hours after her attacker's escape, and in the housing complex immediately adjoining the Correctional Facility's [3ASR3d142]grounds.
Even more importantly, though, upon making his escape Fuala`au proceeded almost immediately to commit the exact same crime—and in the exact same general location—of which he had been convicted three years earlier. The very purpose of his incarceration was to prevent precisely this type of injury to innocent third persons such as Virginia Gibbons, and it was clearly foreseeable that the breach of the prison custodian's duty of care could result in such a crime. See Geiger v. State, 242 So.2d 606 (La. 1970) (foreseeability that the negligence of the state in permitting prisoner to escape would result in attempted perpetration of crimes against nearby residents is a predicate to liability).
Although the actual crime was different in Webb v. State, the court in that case elaborated on the issue of foreseeability:
An escape is almost always foremost in the mind of a dangerous criminal. It was foreseeable that leaving a dangerous criminal unchecked for hours at night would give him an immediate opportunity to attempt his goal. Also, it was foreseeable that leaving dope and whiskey at his disposal would only increase the probability of an attempted escape.
91 So.2d 156, 162 (La. 1957). Similarly, we find that neglecting to cover huge holes in the Correctional Facility's walls, leaving the perimeter gates unsecured, allowing alcohol to somehow be introduced into the compound, and generally failing to provide reasonable security measures all constituted negligence which could foreseeably have led to the injuries Gibbons ultimately sustained.
B. ASG as Landlord of the Government Housing Complex
1. Governmental Tort Immunity
[13] The issue of sovereign immunity is much simpler with respect to this claim than that of prison custodian, as we need not even address the issue of whether this governmental conduct is "discretionary" within the meaning of A.S.C.A. § 43.1203(b)(2). As a landlord, ASG receives a pecuniary benefit from its rental housing operation, and is therefore acting in a proprietary capacity.
In the Savage case, supra, the court held that the ASG could not avail itself of sovereign immunity when acting in a proprietary capacity, and specifically identified the rental of housing units to its employees as one such activity. 1 A.S.R.2d 102, 106. See also Baumgardner v. Boston, 23 N.E.2d 121 (Mass. 1939) (no governmental immunity where the government collected trash for a fee); Plaza v. City of San Mateo, 266 [3ASR3d143]P.2d 523 (Cal. 1954) (operation of municipal golf course found to be proprietary in nature). The ASG derives a direct pecuniary benefit through the collection of rent and, as the Savage court further reasoned, it also receives an indirect benefit as it workers "live in the community for the convenience of the employer." Savage at 106 (emphasis added). We continue to adhere to Savage's holding that ASG's operation of the Government Housing complex in Tafuna is proprietary in nature, and ASG therefore may not hide behind the cloak of governmental tort immunity when acting in this capacity.
2. Liability
[14] Without the benefit of sovereign immunity, ASG's responsibility to its tenants is the same as that of any other landlord, and the guiding principle in these cases is that "landlords have no duty to protect tenants from criminal attack." Walls v. Oxford Management Co., Inc., 633 A.2d 103, 106. Put another way, "landlords are not insurers that a tenant will be protected at all times. . . . To impose liability over the mere possibility of a crime occurring is folly." C.S. v. Sophir, 368 N.W.2d 444, 446-7 (Neb. 1985).
There are important exceptions to this general rule, however. For the instant case, the most significant of these is the principle that liability may be triggered when there exists "clear foreseeability," even if no causal connection exists with respect to a physical defect of the housing premises. Trentacost v. Brussel, 412 A.2d 436, 438 (N.J. 1980) (obvious criminal activity in tenant's neighborhood created foreseeability of attack). Gibbons argues, inter alia, that the Government Housing complex's proximity to the Correctional Facility, coupled with ASG's knowledge of the prior rape for which Fuala`au was originally incarcerated, created the requisite foreseeability sufficient to impose liability. We disagree.[1] [3ASR3d144]
Those cases which have found foreseeability that a crime would be committed on rental property have typically identified a pattern of crime which includes multiple incidents occurring over a relatively short period of time. In Nallan v. Helmsley-Spear, Inc., for example, foreseeability was established when 107 crimes had been reported in a single apartment building (including 10 against persons) over a 21-month period immediately preceding a shooting there. 407 N.E.2d 451, 519-20 (NY 1980). Similarly, in Kline v. Massachusetts Avenue Apartment Corp., the court recognized "repeated criminal assaults and robberies" on the premises sufficient to give the landlord notice that additional crimes would likely be attempted in the future. 439 F.2d 477, 481 (D.C. Cir. 1970). See also Flood v. Wisconsin Real Estate Inv. Trust, Inc., 497 F.Supp. 320 (D.Kan. 1980).
[15] In the case at bar, however, Gibbons identified only one significant criminal act at the Government Housing complex: the rape committed by Fuala`au three years prior to her own attack. In Sophir, supra, the court was confronted with a similar fact pattern, although the argument for liability was actually much stronger there because the prior assault occurred only two months before the incident at issue in that case. Nevertheless, the court surveyed the relevant caselaw and reached its conclusion:
No cases were found which impose liability on a landlord based on a single prior criminal act perpetrated upon a tenant. . . . Likewise, in the present case there would be no foreseeability, based on one prior assault, upon which to predicate liability.
368 N.W.2d 444, 447 (Neb. 1985) (emphasis in original).
The notion that the Correctional Facility's proximity to the Government Housing complex makes the latter significantly more prone to violent crime is mere speculation; as presented by Gibbons, the evidence itself shows only a single similar incident which had occurred three years earlier, and we find such a history insufficient to create foreseeability. Although we therefore deny liability on this theory under these particular facts, however, ASG is nevertheless strongly encouraged to take any and all steps to make its rental housing operation as safe as possible.
For the foregoing reasons, ASG is found liable in its capacity as custodian of the Correctional Facility, and not liable in its capacity as [3ASR3d145]landlord of the Government Housing complex. As contemplated by our bifurcation order of February 2, 1998, trial on the issue of damages will be set upon appropriate motion.
It is so Ordered.
[1] Note that although somewhat related, the two issues of foreseeability in this case are in fact quite distinct. The first, discussed supra at pages 10-11 with respect to ASG's liability as prison custodian, looks from the unique perspective of the Correctional Facility officials. In evaluating the issue, we found it to be reasonably foreseeable that this particular inmate—given his own particular criminal history—would rape again if given the chance.
In this new inquiry as to foreseeability, however, we are now called upon to adopt the perspective of ASG as landlord. For these purposes, we examine a different body of evidence altogether: we look not at the history of any given inmate, but rather at the overall history of crime in the Government Housing tract. Foreseeability in this context presents a more difficult hurdle, as Gibbons must demonstrate foreseeability not only that any given escapee would commit a violent crime of this nature, but also that an inmate so inclined would escape in the first place and even be given the opportunity to do so.


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November 12, 2012 - submitted by Violet, United States of America
Q. Hello Oracle! I was just wondering, so as you know Coldplay is doing some concerts in the U.S again with Jay Z. I was just curious is the concert Coldplay's or is it Jay Z's? I like both of them equally but I am curious to know! Hope you reply! (:
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It's a co-headline show. Though not unusual, it is a somewhat peculiar concept given 2 acts can't perform their sets at the same time. What it means is that both are sharing the top billing. It's not yet been revealed who will go on first/last.


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Payroll Manager Not White Enough for Ivy League Club
Are you sitting down? Good. Because this may come as a shock to you, but you're going to have to grow up sometime: The Princeton Club of New York, a "private social club" catering to Princeton graduates, might be just a little bit racist.
I know. I know! An institution created by and for Ivy League graduates, participating in racist hiring practices? But that would go against the centuries of diversity, tolerance and openness that characterize Princeton University! And yet, it's what former Payroll Manager Jo-Ann Garcia alleges in a $10 million lawsuit:
Hired as a filing planner in 1981, Garcia was promoted in 1987 to handle employee benefits, manage the club's payroll and work as the house cashier. She was let go last spring after returning from a trip to her native Puerto Rico.
Her dismissal, according to the Manhattan Supreme Court suit, came after assistant general manager Evelyn Mendez-Baker asked her in June 2010 what she would do in case she got canned.
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Well, it would certainly be the first time someone affiliated with Princeton said or did a racist thing!


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November 30, 1999, Tuesday 11:00 p. m.


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Bradley Cooper at Variety's Indie Impact Brunch | Pictures
Bradley Cooper Honors His "Magical" Silver Linings Playbook Director
The tables were turned for Silver Linings Playbook director David O. Russell and his star Bradley Cooper at today's Variety Indie Impact brunch at the Parker hotel in Palm Springs, CA. Last night, David presented Bradley with the Palm Springs International Film Festival's Desert Palm Achievement award for acting, but this afternoon, Bradley honored David with an Indie Impact award for his directing work, calling his experience working with David "magical." Bradley said: "We shot Silver Linings Playbook in 33 days. Many directors would be hospitalized upon just hearing the schedule." All joking aside, the project has been a critical success. Bradley has been racking up nomination after nomination for his role in the film, including nods from the Golden Globes and SAG Awards, and David has been earning plenty of accolades of his own for his behind-the-camera work.
Several of the presenters and honorees from last night's Palm Springs International Film Festival gala were also in attendance at the annual brunch. Eddie Redmayne and Tom Hooper, as well as The Session star John Hawkes, all stopped by to applaud David. Variety, which partnered with Mercedes-Benz for the event, also took the opportunity to recognize 10 up-and-coming directors during the festivities, including Wayne Blair and Rebecca Thomas. Stay tuned for tomorrow's PopSugar Rush for even more of our coverage from the film fest!


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