PB

>>15971044 White House Left Out Details Of “Grisly Child Porn Case” From Nominee Materials Given To GOP

But he was using a computer so it's no big deal right Ketanji? Right Joe Manchin?

> https://kfor.com/news/court-documents-unsealed-in-federal-child-pornography-case-against-macomb-public-schools-teacher/

Court documents unsealed in federal child pornography case against Macomb public schools teacher

Posted: Sep 10, 2018 / 10:45 PM CDT

Updated: Sep 10, 2018 / 10:45 PM CDT

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MACOMB, Okla. – Newly unsealed court documents allege a social studies teacher, charged with distributing child pornography, shared thousands of files in a private messaging group that appear to show school-aged children engaged in sex acts.

Lucas William Cane,30, a Macomb Public Schools teacher, was arrested by U.S. Marshals on August 28 and made an initial appearance in Oklahoma federal court on distribution and conspiracy to distribute child pornography.

Cane, and Daniel A. Nickelson of Arizona,were charged in Washington, D.C. district court on August 24 in connection to an FBI child exploitation task force dating back to July.

Cane, who is married and has children, taught junior high and high school social studies and was set to start coaching the junior high boys basketball team this year, according to district officials. But, just weeks into the school year, Cane was arrested and charged with distribution and conspiracy to distribute child pornography.

“When the arrest occurred and we visited with law enforcement when they came to notify us, the question was asked, ‘Does this pertain to Macomb?’ And we were told that we were not part of the investigation,” said Macomb Public Schools Superintendent Matt Riggs. “What was disclosed to us was that he was arrested, they did disclose the nature of the charge.”

For two weeks, the charges and criminal complaint were under wraps, until a federal judge in Washington unsealed the documents last Friday.

According to the 21-page criminal complaint, an undercover Metropolitan Police Department detective assigned to the FBI Washington Field Office’s Child Exploitation Task Force was invited in early July to a messaging group called “PEDOS ONLY” on the free messaging app Kik.

That chatroom, according to court documents, led to another chatroom where Cane – posting under the Kik user “Summersweet87” – was asked by another user, later identified as Nickelson, to “post an image or video the group may like.”

According to the complaint,Cane posted 23 cloud storage links containing more than 6,500 pictures and videos“depicting children who appeared to be of elementary, middle, and high school ages engaged in sexual acts or posing sexually.” Some children appearing alone, with adults or with other children engaged in various sex acts.

Investigators subpoenaed Kik, AT&T and Apple for user data, tracking the person behind the post to Cane’s devices and his registered LLC in Ada.

Cane is currently suspended and awaiting transfer from Oklahoma to Washington on the charges.

>>15971806

Macomb Teacher Faces Federal Charges After Child Porn Arrest

An Oklahoma teacher was arrested on federal charges Tuesday, the Department of Justice reported Wednesday.

Lucas Cane, 30, of Ada, is accused of distribution of child pornography and conspiracy to distribute child pornography.

Cane was a teacher with Macomb Public Schools. The school district first confirmed arrest of the teacher and said the crime occurred off-campus. Cane has since been suspended.

Parents stress that while this is shocking, the school is still a safe place for students.

“There are a lot of parents concerned that maybe the school knew something. They did not know anything about this,” said Chelsea Johnston, a former student who now has two children enrolled in Macomb Schools. “I think this is one negative thing that will impact us for a long time, and I don't think that's fair. I don't think our school should be judged on that.”

The district said no students were harmed or at risk. The district said they cannot make further comment during the ongoing investigation.

Cane appeared in the U.S. District Court for the Western District of Oklahoma and is being held pending further court proceedings in the U.S. District Court for the District of Columbia.

In a release, the district said, "We will work closely with law enforcement to address the situation accordingly as we receive more specific information about it."

Macomb School

Johnston said her brother was once a student of Cane’s. She also added that Cane was heavily involved in the school.

“I had been in community projects with him,” Johnston said. “We have painted the school together. He always helped do stuff.”

A second man was arrested in Arizona in connection with the case.

Daniel Nickelson, Jr., 36, of Sierra Vista, Arizona, was charged with advertising child pornography, distributing child pornography and conspiracy to distribute child pornography. He is expected to make his first court appearance Wednesday, the Department of Justice reported.

This crime will be prosecuted by the U.S. Attorney's Office for the District of Columbia.

The FBI confirmed that investigation into Cane began in Washington D.C.

Johnston said her brother was once a student of Cane’s. She also added that Cane was heavily involved in the school.

“I had been in community projects with him,” Johnston said. “We have painted the school together. He always helped do stuff.”

A second man was arrested in Arizona in connection with the case.

Daniel Nickelson, Jr., 36, of Sierra Vista, Arizona, was charged with advertising child pornography, distributing child pornography and conspiracy to distribute child pornography. He is expected to make his first court appearance Wednesday, the Department of Justice reported.

This crime will be prosecuted by the U.S. Attorney's Office for the District of Columbia.

The FBI confirmed that investigation into Cane began in Washington D.C.

","published":"2018-08-29T13:33:03.000Z","updated":"2018-09-11T23:28:44.000Z","summary":"

An Oklahoma teacher was arrested on federal charges Tuesday, the Department of Justice reported Wednesday.

>>15971806

>>15971821

Ketanji Doesn't Care

Hovind v. Lucas Cane & Indep. Sch. Dist. No. 117

Opinion

Case No. CIV-19-605-D

11-21-2019

ANGELA HOVIND and BUDDY HOVIND, next friends of A.P.H. and A.N.H., Plaintiffs, v. LUCAS CANE and INDEPENDENT SCHOOL DISTRICT NO. 117 of POTTAWATOMIE COUNTY, OKLAHOMA, Defendants.

TIMOTHY D. DeGIUSTI Chief United States District Judge

ORDER

Defendant Independent School District No. 117 of Pottawatomie County, Oklahoma ("Defendant District") brings before the Court a Motion to Dismiss [Doc. No. 3], pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiffs have filed a Response in Opposition [Doc. No. 5], to which Defendant has replied [Doc. No. 6]. These matters are now fully briefed and at issue.

BACKGROUND

Plaintiffs are the parents of minor children A.P.H. and A.N.H.(the "Minor Children"). The Minor Children have attended Macomb Public Schools ("MPS") since 2015. At the time of the alleged incidents, A.P.H. was six years old and in the first grade, and A.N.H. was five years old and in pre-kindergarten. Defendant Lucas Cane was employed by MPS as a middle school teacher.On June 4, 2018, during MPS summer school, Cane would visit A.N.H. in the cafeteria and classroom and ask A.N.H. for hugs. Cane would tell A.N.H. that he "really, really, really liked" A.N.H. He also told her that he did not like her name and would repeatedly call her "Sally" in the presence of her classmates. On June 21, 2018, A.P.H. attended an MPS field trip. Cane was present.Cane asked A.P.H. for hugs, demanded that A.P.H. lay on his lap, and said he "really liked" A.P.H.A.P.H. laid on Cane's lap, and Cane put his hand on her back.

Following the first trip, A.N.H. complained to her parents about Cane. Plaintiffs attempted to contact the MPS principal that day. They were told a new principal was now in place, though the replacement was never identified. On July 26, 2018, the Pottawatomie County Sheriff's Department ("PCSD") contacted Plaintiffs and stated that an agent of MPS had contacted PCSD. The Minor Children participated in a forensic interview with PCSD, and MPS took no action against Cane. Because of Cane's inappropriate behavior, on August 2, 2018, Plaintiffs filed for an emergency transfer order from MPS to remove the Minor Children from the school where Cane taught. The transfer was denied.

Cane was arrested on August 28, 2018, pursuant to federal charges. He plead guilty to, inter alia, charges of distribution of child pornography.Plaintiffs have since made diligent attempts to have the Minor Children transferred to another school. They bring charges here of (1) invasion of privacy; (2) violations of the Oklahoma Governmental Tort Claims Act; (3) negligence per se; (4) violations of Article II §§ 2 and 7 of the Oklahoma Constitution; (5) violations of 42 U.S.C. § 1983; and, (6) violations of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a) ("Title IX").

>>15971856

> https://casetext.com/case/hovind-v-lucas-cane-indep-sch-dist-no

Recommended 7 years by the Probation office so there goes that stupid excuse.

She Knew there was an 8th case

Given 5 years.

Fucking cunt

> https://case-law.vlex.com/vid/hovind-v-cane-112119-827794069

Hovind v. Cane, 112119 OKWDC, CIV-19-605-D

Document

Cited authorities 25

Cited in

Precedent Map

RelatedVincent

Docket Nº CIV-19-605-D

Opinion Judge TIMOTHY D. DeGIUSTI, Chief United States District Judge.

Party Name ANGELA HOVIND and BUDDY HOVIND, next friends of A.P.H. and A.N.H., Plaintiffs, v. LUCAS CANE and INDEPENDENT SCHOOL DISTRICT NO. 117 of POTTAWATOMIE COUNTY, OKLAHOMA, Defendants.

Case Date November 21, 2019

Court United States District Courts, 10th Circuit, Western District of Oklahoma

ANGELA HOVIND and BUDDY HOVIND, next friends of A.P.H. and A.N.H., Plaintiffs,

v.

LUCAS CANE and INDEPENDENT SCHOOL DISTRICT NO. 117 of POTTAWATOMIE COUNTY, OKLAHOMA, Defendants.

No. CIV-19-605-D

United States District Court, W.D. Oklahoma

November 21, 2019

ORDER

TIMOTHY D. DeGIUSTI, Chief United States District Judge.

Defendant Independent School District No. 117 of Pottawatomie County, Oklahoma (“Defendant District”) brings before the Court a Motion to Dismiss [Doc. No. 3], pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiffs have filed a Response in Opposition [Doc. No. 5], to which Defendant has replied [Doc. No. 6]. These matters are now fully briefed and at issue.

BACKGROUND

Plaintiffs are the parents of minor children A.P.H. and A.N.H. (the “Minor Children”). The Minor Children have attended Macomb Public Schools (“MPS”) since 2015. At the time of the alleged incidents, A.P.H. was six years old and in the first grade, and A.N.H. was five years old and in pre-kindergarten. Defendant Lucas Cane was employed by MPS as a middle school teacher. On June 4, 2018, during MPS summer school, Cane would visit A.N.H. in the cafeteria and classroom and ask A.N.H. for hugs. Cane would tell A.N.H. that he “really, really, really liked” A.N.H. He also told her that he did not like her name and would repeatedly call her “Sally” in the presence of her classmates. On June 21, 2018, A.P.H. attended an MPS field trip. Cane was present. Cane asked A.P.H. for hugs, demanded that A.P.H. lay on his lap, and said he “really liked” A.P.H. A.P.H. laid on Cane's lap, and Cane put his hand on her back.

Following the first trip, A.N.H. complained to her parents about Cane. Plaintiffs attempted to contact the MPS principal that day. They were told a new principal was now in place, though the replacement was never identified. On July 26, 2018, the Pottawatomie County Sheriff's Department (“PCSD”) contacted Plaintiffs and stated that an agent of MPS had contacted PCSD. The Minor Children participated in a forensic interview with PCSD, and MPS took no action against Cane. Because of Cane's inappropriate behavior, on August 2, 2018, Plaintiffs filed for an emergency transfer order from MPS to remove the Minor Children from the school where Cane taught. The transfer was denied.

>>15971875

Cane was arrested on August 28, 2018, pursuant to federal charges. He plead guilty to, inter alia, charges of distribution of child pornography. Plaintiffs have since made diligent attempts to have the Minor Children transferred to another school. They bring charges here of (1) invasion of privacy; (2) violations of the Oklahoma Governmental Tort Claims Act; (3) negligence per se; (4) violations of Article II §§ 2 and 7 of the Oklahoma Constitution; (5) violations of 42 U.S.C. § 1983; and, (6) violations of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a) (“Title IX”).[1]

STANDARD OF DECISION

To survive a motion to dismiss under Rule 12(b)(6), a complaint must contain enough facts that, when accepted as true, “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); see Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. 2008). A claim has facial plausibility when the court can draw “the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. In § 1983 cases, it is particularly important “that the complaint make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claims against him or her.” See Robbins, 519 F.3d at 1249-50 (emphasis in original); see also Smith v. United States, 561 F.3d 1090, 1104 (10th Cir. 2009).

DISCUSSION

Defendant District moves to dismiss on several state law grounds and the following grounds addressing federal claims: (1) Plaintiffs' allegations do not sufficiently rise to the level of danger-creating or conscience-shocking; (2) Plaintiffs' allegations fail to show a causal link between Defendant District's policies and any deprivation of due process or equal protection; (3) Plaintiffs' allegations fail to show a history of custom and usage; and, (4) Defendant District did not have actual knowledge of Cane's alleged inappropriate comments, and such alleged comments were insufficient to alert Defendant District to any type of sexual misconduct by Defendant Cane under Title IX. The Court will address each argument in turn.

I. Plaintiffs fail to state a claim for substantive due process and equal protection violations.

Count Five of Plaintiffs' Complaint alleges violations of their due process and equal protection rights under the federal constitution, actionable pursuant to 42 U.S.C. § 1983.

A. Plaintiffs fail to allege conduct that shocks the judicial conscience.

Plaintiffs first assert a 42 U.S.C. § 1983 supervisory liability claim against Defendant District based on alleged due process violations.

A § 1983 claim seeking to impose supervisory liability based on due process violations can be brought on “a danger creation theory.” Currier v. Doran, 242 F.3d 905, 919 (10th Cir. 2001). “‘The Due Process Clause is not a guarantee against incorrect or ill-advised [government] decisions.'” Uhlrig v. Harder, 64 F.3d 567, 573 (10th Cir. 1995) (quoting Collins v. City of Harker Heights, 503 U.S. 115, 129 (1992)). “The danger creation theory . . . focuses on the affirmative actions of the state in placing . . . [an individual] in harm's way.” Doran, 242 F.3d at 919; accord Briggs v. Okla. ex rel. Okla. Dep't of Hum. Servs., 472 F.Supp.2d 1304, 1314 (W.D. Okla. 2007), aff'd sub nom. Briggs v. Johnson, 274 Fed.Appx. 730 (10th Cir. 2008).

The Tenth Circuit has devised a six-part test governing danger creation claims. As applied to this case, Plaintiffs must demonstrate that: (1) Defendant District either created the danger or increased the Minor Children's vulnerability to the danger in some way; (2) the Minor Children were members of a limited and specifically definable group; (3) Defendant District's conduct put the Minor Children at substantial risk of serious, immediate, and proximate harm; (4) the risk was obvious or known; (5) Defendant District acted recklessly in conscious disregard of that risk; and, (6) such conduct, when viewed in total, is conscience shocking. Gonzales v. City of Castle Rock, 307 F.3d 1258, 1263 (10th Cir. 2002), rev'd on other grounds, Town of Castle Rock v. Gonzales, 545 U.S. 748, 125 (2005)).

Although Plaintiffs state the sixth element of the six-part test is a question of fact for the jury, it is the judicial conscience that must be shocked by the conduct alleged. Uhlrig, 64 F.3d at 573. As such the Court addresses this factor as a matter of law.

“The shocks the conscience requirement for a danger-creation claim is grounded in three principles: (1) restraint in defining the scope of substantive due process claims; (2) the concern that § 1983 not replace state tort law; and, (3) the need for deference to local bodies in making decisions impacting public safety.” See

>>15971875

>>15971879

She's getting roasted by Mike Davis and Bannon right now.

Impeach this cunt.

How does she and the White House "forget" that there was an 8th case.

>>15971806

>>15971821

>>15971875

>>15971856

>>15971879

>>15971894

Cane''s Meat Company, LLC

CLAIM THIS BUSINESS

12819 COUNTY ROAD 3490 ADA, OK 74820 Get Directions

(580) 320-3002

Business Info

Founded 2010 Incorporated Annual Revenue $200,000.00 Employee Count 3 Industries Retail - Meat Markets, Including Freezer Provisioners Contacts Lucas Cane

+

-

Contact Business

Message

Send Message

Company Summary

Cane''s Meat Company, Llc is located at 12819 County Road 3490 in Ada and has been in the business of Retail - Meat Markets, Including Freezer Provisioners since 2010.

https://www.dandb.com/businessdirectory/canesmeatcompanyllc-ada-ok-37114314.html

>>15971989

>(580) 320-3002

Janett Brine Norman, female

Quick Facts

Current address for Janett is 1055 Rambling Oaks Driv, Norman, OK 73072-4189. We know that Steven L Hardersen and Clint Wade Shankle also lived at this address, perhaps within a different time frame. (580) 320-3002 is the phone number for Janett. Monthly rental prices for a two-bedroom unit in the zip code 73072 is around $950. The popularity rank for the name Janett was 41793 in the US in 2017, the Social Security Administration's data shows

>>15972081

>Janett

>>15971989

>Janett

Lucas William Cane

Ada, OK

View Full Report

Phone:(580) 320-3002

Address History:4375 County Road 1550, Ada, OK 74820; 16755 County Road 1580, Ada, OK 74820; Ada, OK 74820; Ada, OK 74820; Ada, OK 74820

Email:can*@yahoo.com, luc@yahoo.com, lwc***@yahoo.com

Relatives:Janet Cane, Lindsey Cane, Morris Cane, Patricia Cane

>>15972102

His Grandfather was a butcher

"food" is the family business apparently

>>15971989

>>15972155

> https://www.oklahomabids.us/oklahoma-contractors/location-Ada.3.htm

All Contractors By Category By City

Oklahoma Government Contractors By City > Ada

Government Contractors in Oklahoma

CANE''S MEAT COMPANY, LLC - Ada, Oklahoma

Food Service Contractors, Caterers

(580) 320-4466 12819 County Road 3490 Ada, OK 74820

>>15972250

hmmm same Lucas Cane?

Lucas Cane -Choctaw Nationof Oklahoma - LinkedIn

https://www.linkedin.com › lucas-cane-75899411a

Ada, Oklahoma, United States · Cultural Affairs Arts Education Coordinator · Choctaw Nation of Oklahoma

View Lucas Cane's profile on LinkedIn, the world's largest professional community. Lucas has 1 job listed on … New York City Metropolitan Area · Luke Cane.