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Hacienda HealthCare Rape Victim Likely Pregnant Once Before, Documents Claim

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  • A woman with severe intellectual disabilities gave birth in December after being raped at a Hacienda HeathCare facility.
  • Her family has now filed a notice of a $45 million claim against the state of Arizona for poorly monitoring the facility.
  • According to the claim, the staff disobeyed the family’s wishes to have a female-only care staff and missed at least 83 opportunities to diagnose the pregnancy.
  • The documents also claim that the woman was violated repeatedly and may have even been pregnant one other occasion prior to this incident.

Possible Lawsuit

According to a newly filed claim, the severely intellectually disabled woman who gave birth last year after being raped at a Hacienda HealthCare facility may have been pregnant at another point in the past.

The family of the woman has filed a claim against the state of Arizona for doing an “abysmal job” monitoring Hacienda HealthCare. The private facility houses patients that are paid for by the state’s Medicaid program and its cases are also managed by the state.

Background

On December 29th, the severely intellectually disabled woman gave birth, which shocked her family members and captured nationwide attention.

According to the woman’s medical records, she is nonverbal and has no functional use of her arms or legs. She had received care at the Hacienda HealthCare facility since she was three years old and was seemingly unaware of the fact that she was even pregnant.

After an investigation, one of the woman’s caregivers, licensed practical nurse Nathan Sutherland, was arrested and charged with sexual assault and abuse of a vulnerable adult. He has since pleaded not guilty, but did voluntarily gave up his nursing license.

Multiple people, including the CEO of Hacienda HealthCare, stepped down after the news broke and the facility is now being overseen by the Arizona Department of Health Services.

Check out our previous coverage.

New Claims

According to the notice of claim, the family had requested for the woman to have female-only care staff because of her vulnerability. However, male staff members were repeatedly allowed in her room unsupervised.

This request was apart of her ISP or Individualized Service Plan, which the facility is required to follow. Despite this, according to the claim, Sutherland provided care for the victim more than 1,000 times, including more than 800 times overnight.

The notice also says that the facility repeatedly failed to notice that she was pregnant and even denied her food in an effort to get the victim to lose weight. Because of this, the claim states that she gave birth, “without any pain medication and in a state of malnutrition.”

According to the claim, records indicate that staff at Hacienda missed at least 83 opportunities to diagnose the victim’s pregnancy. Those opportunities include:

  • Missed menstrual periods.
  • 10 visits to a physician during the victim’s third trimester.
  • Three instances where staff noted a large and hard mass in her abdomen.
  • 24 instances where staff noted her abdomen was “sticking-out.”
  • Noted weight gain at least eight times between September and December 2018.
  • 12 instances where staff noted that her feet and legs were swelling.

The claim also cites a note from the Maricopa County Medical Center, who examined the victim after she gave birth. That note states: “On inspection of patient’s vagina and introitus it is determined that this is a non-nulliparous event.” This means that the victim may have been pregnant prior to this incident.

The notice of claim seeks a $25 million settlement for the victim and $10 million each for her parents. If the family and the facility do not come to an agreement within 60 days, the lawyers will take the case to court.

See what others are saying: (NPR) (AZ Family) (CNN)

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Was an Iowa Official Asked to Resign Over His Love of Tupac? He Says He Doubts It

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  • Jerry Foxhoven, the former director of Iowa’s Department of Human Services, was ordered to resign from his job days after sending a mass email to all 4,300 employees encouraging them to celebrate Tupac’s birthday. 
  • AP news obtained 350 pages of emails between Foxhoven and staff, which included quotes, lyrics, or other references to the rapper that he sent in hopes of uplifting his staff.
  • The messages were mostly met with praise, but at least one staff member complained. 
  • Foxhoven was abruptly asked to resign without an explanation other than the office wanting to move “in a new direction,” but he says he doesn’t believe his love of Tupac was the reason for the decision.

Foxhoven Asked to Resign

A former Iowa official, who many believe was fired over his love of Tupac Shakur, says he thinks his firing had nothing to do with his support of the rapper. 

Jerry Foxhoven, the former director of Iowa’s Department of Human Services, was ordered to resign from his job days after he sent a mass email to employees celebrating Tupac. 

On Tuesday, the Associated Press issued a report that said it had obtained emails that showed Foxhoven routinely sent messages to employees about Tupac.  According to AP News, the agency released 350 pages of email with the words “Tupac” or “2Pac” in then, which were sent to and from Foxhoven’s account during is two-years on the job.

The mass email in question was sent on June 14 and was sent to all 4,300 agent employees. In it, Foxhoven reminded employees that Father’s day was just a few days away and coincided with Tupac’s birthday. He encouraged staff to celebrate by listening to one of his songs and included what he said was an “inspiration quote” from the artist: “Pay no mind to those who talk behind your back, it simply means that you are 2 steps ahead.” 

Along with celebrating the rapper’s birthday, Foxhoven also noted that he was celebrating his two-year anniversary as director and thanked the staff for their work. 

The following workday, Governor Kim Reynolds’ chief of staff asked him to resign. 

Longrunning Love For Tupac 

Foxhoven says he had been a huge Tupac fan since the ‘90s. “I’m a 66-year-old white guy from the Midwest who likes rap music, who likes Tupac!” he told NPR. 

Foxhoven hosted weekly “Tupac Fridays” to play his music in the office and even celebrated his 65th birthday with Tupac-themed cookies, including ones decorated with the words “Thug Life.” 

However, he was also known to quote other celebrities in holiday-themed messages. In other emails, Foxhoven marked the anniversary of the rapper’s death and sent a Valentine’s day message that shared lyrics and quotes about love.

Foxhoven also allegedly told employees that Tupac’s lyrics inspired him to improve the company’s culture, specifically pointing to lyrics like “It’s time for us as a people to start makin’ some changes.”

Many praised Foxhoven for using his love of hip hop music to lift up the workplace, “I love your 2Pac messages,” one manager wrote June 14. “And the fact that you still send them (despite the haters) makes me appreciate them even more.”

“You are such a breath of fresh air Jerry!” another staff member wrote. “Thanks for all you do, to lift us up and help us feel better about what we do than we have felt in a long time!”

However, not everyone was a fan of the messages. According to AP News, at least one person complaining to lawmakers last year about them. 

Motivation For Firing Unclear

Foxhoven’s departure comes after numerous controversies at the agency including difficult contract negotiations with companies that run the Medicaid program, a trial concerning alleged mistreatment of boys at a state juvenile home, and an increase in deaths at a center for the disabled. 

While it hasn’t been confirmed that Foxhoven was pushed to leave over various Tupac messages, the timing is making many suspicious. Employees have been speculating that the two must be linked, thought Foxhoven has said they might not be. 

In a text message to AP News, he said believed that the governor had made the decision to “go in a different direction” before he sent his mass email. He said he wasn’t given a reason for the resignation request, but added that he doubted Tupac was a factor.

“I think it’s a coincidence,” Foxhoven told The New York Times in a phone interview, adding that the governor’s office had requested a meeting with him days before he sent the email. 

“I always try to assume the best of everybody, and I can’t imagine that [the governor] would base her decision on the Tupac incident,” he told NPR. “If this is the reason, I’m really disappointed.”

However, Foxhoven also told NPR that his tenure at the Department of Human Services ended without warning or a chance for an orderly transition. He said he was not even granted a meeting with Reynolds and added that the governor’s chief of staff confiscated his cellphone and ID cards on the spot, ordering him not to return to his office. 

Foxhoven also said that many directors do not serve long terms and said that his two-year tenure meant that he had outlasted many of his predecessors. Foxhoven, who had previously worked as a lawyer, professor, and children’s rights advocate, told the Times that he believed Reynolds was simply filling posts with “more political people.”

Pat Garrett, a spokesperson for the governor, told the AP: “As the governor has said, a lot of factors contributed to the resignation of Jerry Foxhoven and now Gov. Reynolds is looking forward to taking DHS in a new direction.”

According to the AP: “The governor’s office has refused to elaborate on those factors, despite an Iowa law that requires state agencies to release the “documented reasons and rationale” when employees resign instead of being terminated.”

For now, Gerd W. Clabaugh, the director of the Department of Public Health, will serve as interim director of human services.

As for Foxhoven, he told NPR that he was glad his emails are making headlines because it allows for discussions about stereotypes and music. He then noted being especially upset by a recent story about a 17-year-old teen in Arizona who was fatally stabbed by a man who said the victim’s rap music made him feel “unsafe.”

“It’s important for us to break down those stereotypes: if you listen to rap music, you’re a criminal or dangerous. It’s not true at all,” he said., adding that he hoped his situation could lead to “having open discussions about race and what we have in common, instead of what separates us.”

See what others are saying: (AP News) (The New York Times) (NPR)


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Bill Pickett to Lil Nas X: The Untold Story of Black Cowboys…

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Cowboys are the ultimate Americana. They are an image ingrained in our culture and ever-present in film and television throughout the years. There are old western movies starring John Wayne, the classic TV show The Lone Ranger, and famous outlaws like Billy the Kid and Butch Cassidy. What you may not know, however, is some of these classic images have actually whitewashed the real history of cowboys in the American West.

Because while most of our classic references of cowboys are traditionally white men, many cowboys weren’t white. Historians estimate one in four cowboys in the wild west were black. This is the untold story of black cowboys in the American West.

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Former Iowa Gov. Terry Branstad Discriminated Against Openly Gay Official, Jury Finds

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  • On Monday, an eight-person jury in Polk County, Iowa found that former governor, Terry Branstad, discriminated against a state official because of his sexual orientation. 
  • The former official, Chris Godfrey, filed the lawsuit against Branstad as well as other officials in the state of Iowa in January 2012. 
  • After seven years, the case finally went to trial in June 2019 and ended six weeks later with the jury awarding Godfrey $1.5 million for emotional distress. 
  • Branstad resigned as Governor in May 2017, after he was appointed as the U.S. Ambassador to China, a role he still holds. 

The Ruling 

A jury in Iowa awarded former state official Chris Godfrey $1.5 million after they determined that he had been discriminated against for his sexual orientation by the governor at the time, Terry Branstad. 

Godfrey, who was Iowa’s commissioner of workers’ compensation, filed a lawsuit against Branstad, the state of Iowa, and other state officials in January 2012. Court records show that after seven years, the case finally went to trial in June 2019 and ended six weeks later with the decision to award Godfrey.

The former state official was awarded $1 million for being denied his constitutional due process rights and another $500,000 for the discrimination and retaliation he faced. 

How This Happened 

Godfrey was appointed Iowa’s workers’ compensation commissioner in 2006 and was reappointed just before Terry Branstad became Iowa’s governor in 2011. Godfrey says that once Branstad came into office, he asked Godfrey to resign from his role. The state official refused and as a result, his salary was cut by almost $40,000. 

In Iowa, a commissioner holds their position for 6 years to protect it from partisan politics. However, the governor is able to ask a commissioner to step down from their role and if that request is refused, the governor can reduce the commissioner’s pay. According to local reports, Godfrey was one of 29 appointees Branstad asked to resign when he came into office. 

Throughout the lawsuit, Branstad insisted he did not know Godfrey’s sexual orientation and asked him to resign due to concerns that businesses had. 

However as the case continued, Branstad later admitted that Godfrey had only received positive reviews. 

When the lawsuit went to trial in June 2019, Godfrey’s lawyer argued that he was shunned by Branstad’s office because he was the only openly gay man working as an executive at the time. The attorney noted specific examples, like how Godfrey was not invited to a retreat for Branstad’s department heads and executive staff. 

In addition to Godfrey, other officials in Iowa have spoken out about Branstad, like current Polk County Supervisor Matt McCoy. 

During the trial, McCoy testified that Branstad’s administration was a “men’s club,” and added that “being gay in 2011 through 2015 was not an easy thing and [Godfrey] was definitely experiencing discrimination.” 

As for Godfrey, he explained that the lawsuit for him was about getting justice. “After I had been asked to resign twice, after my pay was slashed, I felt obviously personally attacked, I needed justice,” he told the court. 

What happened to Branstad?

As for the former governor, in December 2016 he was appointed U.S. Ambassador to China by President Donald Trump. Branstad was later confirmed in May 2017, after a vote 82 to 13, and he resigned as governor two days later. 

According to The Economist, Branstad and China’s ambassador are “old friends,” which is considered a great compliment in Chinese culture. The two met in 1985 during Branstad’s first term as Iowa’s governor. The article notes that in 2015, Iowa’s agricultural exports to China made up $1.4 billion of the $2.3 billion exported from the U.S.

See what others are saying: (AP News) (13NOW) (Des Moines Register)

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