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ZombieLaw studies zombies in law, politics and current events.

Judge Kopf admits he looks zombie – and the rest of the Federal Judiciary?

Federal Judge Richard Kopf writes the blog “Hercules and the Umpire“. He is noteworthy because he is a federal judge and because he is not afraid to write about himself on the internet. Either of those things are noteworthy in themselves but he’s both, also his recent posts are particularly noteworthy for zombie fans.

On June 20th he posted “Picking a jury when the judge looks like the walking dead” in which he confesses that he watches AMC’s “Walking Dead”:

I confess something else to you. Joan and I watch The Walking Dead. What’s worse, we like it.

And he also confesses his own case of shingles, including a gnarly picture and a story about telling a jury about his condition; particularly that

The virus cannot go air bound.

With sympathies to Judge Kopf and hopes for speedy recovery, however, he doesn’t quite look like a zombie. Here, this is what he would look like as a zombie here at ZombieLaw:

judge richard kopf zombie

In fact, Judge Kopf did properly earn this zombie portrait because of he did use “zombie” in a 2010 federal court opinion on a Social Security appeal (see Astrue zombies):

JONATHAN M. CARNEY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant, 4:09CV3043

2010 U.S. Dist. LEXIS 7616, January 28, 2010

Kopf wrote:

Carney also “just quit” showing up for scheduled appointments at Community Mental Health, and was a “no show” for his appointments on June 30, 2005 and July 20, 2005. TR 178-179, 238. Although he testified he stopped attending treatments because Seroquel made him feel like a “zombie,” Carney never contacted his mental health provider to report any adverse side effects and never requested a change of medication. TR 238-39.

He put the “zombie” in quotes, so it is presumably from testimony or transcripts or briefs or who knows, by his Honor (or perhaps his clerk) chose to put that quote in the opinion. And now we know he also watches “Walking Dead”. Hmmm…

Meanwhile back to his current blog, just two posts before his “Walking Dead” reference, his Honor blogged a response to the horrific racial-terror church-attack in Charleston: “Evil by the numbers–I don’t want to write today, fuck you“:

I am consumed by the thought of evil.

Is it good for a judge to be “consumed” with “evil”?

The judge then cites a dubious statistics that 2% of any population is psychopathic. Now, I have not read the book cited but his Honor, nor am I prepared to provide any detailed challenge to the claim, but, I would suggest that neuroscience is probably not the right paradigm for this type of problem. Of course, zombies do like brains but there are also social ills, not merely genetic. The idea that “any population” would produce the same percentage of psychopaths is likely a function of bad statistical assumptions about populations, or a deficient definition of psychopathy. Our society is grounded in all persons being equal, not some discardable two percent. In this way brain science dehumanizes people.

I’ve mentioned Judge Kopf’s blog a few times before. He takes an admirable risk by writing about himself online (see my own writing on ““why zombie blogging is dangerous”) and thus he gives new insight into the persons who are the federal law. It is important to understand people as individuals, to see more about who they are are and how they are unique. Today’s post on the judge’s blog addresses Justice Kennedy as in a letter as if they are pals, “Dear Tony“, and questions the Supreme Court Justice on his references to Dostoyevsky and Dickens. Kopf would prefer clearer guidance for the lower courts to apply or instead he advises:

please zip the pie hole shut

Meanwhile this morning, Justice Kagan’s majority opinion in KIMBLE ET AL. v. MARVEL ENTERTAINMENT, LLC, cites Spider-Man’s great responsibility (“stare decisis teaches that we should exercise that authority sparingly. Cf. S. Lee and S. Ditko, Amazing Fantasy No. 15: “Spider- Man,” p. 13 (1962)”).

Yesterday was fathers’ day, and because The Zombies sang “Time of the Season“: “what’s your name? who’s your daddy?”, the ontological question. Who are our federal judges? Where do they draw their ideas? Shall they get their ideas from Dickens or Stan Lee or AMC? Are they umpires, or Hercules, or are they zombie?

Is it only coincidence that Judge Posner has nine theories of judicial behavior, in his 2010 book “How Judges Think” and the Encyclopedia of Cognitive Science (Güzeldere, 2006) has nine types of zombie?

Posner’s nine:

The theories are the attitudinal, the strategic, the sociological, the psychological, the economic, the organizational, the pragmatic, the phenomenological, and, of course, what I am calling legalist theory. All theories have merit and feed into the theory of decision making that I develop in this book. But all are overstated or incomplete.

Güzeldere has a two variable classification scheme that compares Identity (as Behavioral, Functional or Physical) and Possibility as (Logical, Metaphysical, or Natural):

The ‘zombie scorecard’: nine distinct notions of zombie, classified according to the respects in which the postulated creature is the same as a human being (the ‘identity’ parameter) and the kind of possible existence the creature is granted (the ‘possibility’ parameter). (Adapted from [Polger T (2000) Natural Minds. Ph.D. Dissertation, Duke University.].)

Güzeldere nine zombie chart

There are, of course, nine SCOTUS justices; Kennedy, Roberts, Alito, Scalia, Sotomayor, Kagan, Ginsburg, Thomas and Breyer.


I’m not sure how one would classify Judge Kopf under either Posner’s classification of judicial theories or Güzeldere’s classification of zombies. I’m not sure it matters. Any 3×3 table, created simply by two variables with trivalent conditions (two poles and a middle, like for example a scale of liberal-conservative-moderate paired with a scale of priorities social-economic-mixed), would create a set of nine variations.

Woohoo nine variations, so it must be important! The Beatles sang:

Number 9, number 9, number 9…

999, 666. See also “The Nine” by Jeffrey Toobin, aka CNN’s political shill. Any jack off lawyer can write a blog or even a book, but it’s still sort of amazing when it’s a federal judge (or even their clerk). Toobin clerked for only a short time (for J. Edward Lumbard, Jr. on the Second Circuit), but even a short stint near the federal bench is important. These are special people, a chosen few… touched by zombie? It’s not “air bound” it’s in the texts! Be careful which texts you read, be they baseball, Greek mythology, or zombies, they are invading your thoughts.

See more at the ZombieLaw tag: Federal Court.

zombie foreclosures are still bank fraud

Zombie foreclosures have been a consistent theme in this blog for a long time. Most of my recent posts have focused on this topic because it comes in big bursts and it’s just too much to tweet. This does not mean that “zombie foreclosures” is the most important current zombie meme, it’s just the one that takes the most space to explain. I still regularly tweet LOTS of zombie references and if you are not following the @LawZombie twitter account then you are missing a lot of important zombie associations.

When RealtyTrac reports, all the news gets on the story with zombie quotes from Daren Blomquist pasted across local news. And note that this round comes with just a few days left in the New York Legislative calendar for the 2015 year (you didn’t realize the year was over already, did ya?). See WHEC: “New York State Exposed: Final week of legislative session for state lawmakers” by Jennifer Mobilia

The Abandoned Properties legislation (last year called the zombie kill bill), is still not passed. Of course, there are other important zombie-related issues that are still not addressed by the legislature either (drug law reform or nonhuman rights… anyone? – I guess we are leaving those issues to courts while yelling at the legislature about foreclosures? because? banks!!!).

And even if it’s true that abandoned homes are a sizable chunk of the foreclosure problem, this legislation would still do nothing to solve the majority of foreclosures: most of them are not abandoned. Many people are still being screwed by the bank crisis, back when we bailed out the banks and not the homeowners!!!

Remember, “Zombie Foreclosures are Bank Fraud” !!! It’s still true, perhaps now more than ever. And it’s really hard to tell which politicians are in bed with them.

Even the proposed New York legislation championed by AG Schneiderman is imperfect; sure it’s got teeth to fine banks but what does it do to protect homeowners? Special foreclosure proceeding? What about forced negotiations? Principal reductions and fair market loan modifications. Worse, the Governor seems content to make handshake ‘best practice’ deals with the bigger banks while ignoring there’s much bigger problem. So while we debate zombie homes, the real zombies are still struggling: recall there’s at least three kinds of zombie debt.

daren blomquistzombie schneidermanzombie governor cuomo

Benzinga: “Zombie Foreclosures: Is Apocalypse Getting Better Or Worse?” by Bill Stoller:

On June 11, RealtyTrac published an update: “Homeowner Vacated “Zombie” Foreclosures Down 10 Percent From A Year Ago in Q2 2015,” written by Jennifer Von Pohlmann.

According to RealtyTrac, “The total number of zombie foreclosures was down 11 percent from previous quarter and down 10 percent from Q2 2014.”

However, that statistic gives little solace to homeowners in neighborhoods with vacant homes still being pummeled by a slow-motion wave of foreclosures

And from CNBC: “Banks annihilating ‘zombie’ foreclosures” by Diana Olick:

“They’ve been able to stay in that home and maybe fight foreclosure for three, four, five years, and now finally the bank is coming back with all their ducks in a row, the proper documentation, and the homeowner is seeing the writing on the wall that I’m going to have to leave and move on with my life,” said RealtyTrac Vice President Daren Blomquist.

What? No!!!! They don’t have to leave until the foreclosure is done!! Not until the title officially changes! Where did the owners go?

Maybe the banks are actually back with their “ducks in a row”, or maybe they are just pushing shit. It might look like a duck and quack like a duck but if it doesn’t meet the formalities of mortgage securities law then it still might not be a duck. Are the banks trying to push debt that has been illegally robo-signed? Mortgages that weren’t signed by people with knowledge, were they robo-signed by zombies? Maybe some of these notes should dissolve as a matter of law? And without a full process of discovery and some serious creativity from foreclosure defense lawyers, how will we ever know?

MarketWatch: “Zombie foreclosures climb in L.A. area, other major cities” by Ruth Mantell:

The number of zombie foreclosures are rising in the Los Angeles area and other major cities

“The longer the foreclosure process drags on, the more likely the homeowner will end up leaving. In some of these cities you have underlying economic difficulty as well, which makes it more likely a homeowner will fall into a foreclosure in the first place, and that they may leave for greener pastures,” Blomquist said.

Where are these “greener pastures”? Why would they go there if they could continue living in the house for free? Some homeowners actually died, and some found work elsewhere, but then they are paying rent there? If the house is habitable wouldn’t it be cheaper to live there, even rent it, until the bank takes ownership? Where are the people who own these houses? Sure, some homes were destroyed by weather and insurance companies are to blame too (see last week’s 60 minutes segment “The Storm After the Storm” about insurance fraud for Sandy homes) But, my guess is there are lots of homeowners that want to negotiate with their bank but the banks are pretending they had no fault in the crisis. From the bank’s perspective the crisis was caused by defaulting homeowners who they want to treat like zombies instead of people who were hurt by the banking system itself.

AMNewYork: “Zombie Houses of NYC” by: Cristian Salazar:

When reached by phone later on, the owner, Garth Johnson, said the house was not in foreclosure and that he lived there. “I don’t know what you are talking about,” he said. “I realize you are definitely not talking to me. We have a piece of wood on the side of the house. I did not do the siding yet.”

“It’s not abandoned,” he continued, adding he had to go. “This is just a little difficult to deal with right now.”

there are potentially tens of thousands of homeowners facing the peril of losing their homes

a loan modification, saving his family from being out on the street

Where is the legislation to force loan modifications?! Why didn’t HAMP work for so many homeowners? Why aren’t states instituting more HAMP-like programs? Will $1000/day fines encourage negotiation? Well, they can’t hurt, but what rights will be given up in special foreclosures? I honestly don’t know. But the problem is not going away…

Gothamist “Report: NYC Is Facing A Zombie House Invasion

LongIslandExchange: “Assemblyman McDonough: Zombie Properties a Detriment to Long Island, Legislature Needs to Act“:

Assemblyman Dave McDonough (R,C,I-Merrick) today called on legislative leaders in the Assembly to address the growing problem of zombie properties

said the Legislature needs to act immediately before the problem escalates further.

“Parts of my district have some of the highest instances of zombie properties per one thousand compared to the rest of the state,” McDonough said.

Newsday: “Number of abandoned zombie houses continues to grow“:

Suffolk County has the fourth highest number of these homes in the nation, climbing from seventh place just three months ago. Nassau moved from ninth place to eighth place.

It’s not just impoverished neighborhoods, see WIVB4: “Zombie home” exists in neighborhood of trophy homes” Al Vaughters

And read this editorial from AMNewYork: “Get creative to provide homes and reduce zombie houses

In New York‘s neighboring states:

NJdotcom: “N.J.’s ‘zombie foreclosure’ rate highest in U.S.” by Erin O’Neill:

The number of zombie foreclosures in New Jersey spiked by nearly 40 percent from a year ago

And in Philadelphia blaming the courts, BizJournal: Zombie foreclosures jump in Phila. market” Patricia Madej:

Pennsylvania’s judicial foreclosure process, which requires court involvement, takes an average of about 724 days, Bloomquist said.

“I think really where this falls – there’s responsibility on both sides,” he said. “The homeowners should be researching …. and banks would help if they were providing information in the foreclosure notice.”

Dispatch: “‘Zombie’ foreclosures more than a quarter in central Ohio“:

In central Ohio…percentage is higher than the national average

Big change in Zombie foreclosures in Dayton as housing market improves” by Olivia Barrow

The number of so-called ‘zombie foreclosures’ decreased 24 percent year over year in Dayton… This is a good sign for the Dayton housing market, because these so-called ‘zombie foreclosures’ tend to drag down nearby property values… Dayton’s decrease bucks the trend

ChicagoTribune: “ Fewer ‘zombie’ foreclosures affecting Chicago area ” by Mary Ellen Podmolik:

RealtyTrac defines a zombie foreclosure as a vacant home that is actively in the foreclosure process.

Maybe we should also question how RealtyTrac knows if the house is vacant. If I recall correctly they use postal change of address forms amongst other methods. That methodology seems somewhat flawed, but ok, who am I to question.

InMan: “Plague of ‘zombie’ foreclosures declines” Erik Pisor:

it’s in a foreclosing bank’s best interest to have a home occupied during the process.

Who am I to question that either? The banks really want us to believe it, so it must be true, right?

Meanwhile, in Florida, the news is pushing optimism this week, maybe because some judges down there are finally starting to get more involved(?), and because the market prices are improving so bargain-hunters are starting to buy them again.

MiamiHerald: “‘Zombie’ foreclosures fall in South Florida ” by Nicholas Nehamas:

so-called “zombie” foreclosures — fell 46 percent in South Florida over the last year.

PalmBeachPost: “Number of zombie foreclosures plunges” by Jeff Ostrowski:

The typical zombie foreclosure trades for a 22 percent discount to the average occupied foreclosure.

Boarded up and overgrown, “zombie foreclosures” are the bane of neighbors — but a boon to bargain hunters

See also in PalmBeachPost: “Zombie foreclosures are disappearing” Bill DiPaolo and Jeff Ostrowski

And in HeraldTribune: “Far fewer ‘zombie’ foreclosures in Florida” by Josh Salman:

“Prices have increased so much that, in many cases, the value of these homes are now at or near the mortgage debt associated with these properties,” said Jack McCabe, a Florida real estate consultant. “The banks were just sitting back and waiting, trying to keep their costs down until they could recoup full price.”

Tampa Bay Times: “Tampa Bay ‘zombie’ home problem easing” by Times Staff Writer:

Tampa Bay’s zombie apocalypse isn’t quite as scary as it once was.

“it is in a foreclosing bank’s best interest to have a home occupied during the foreclosure process and also demonstrates how these zombies are contributing to blight in neighborhoods across the country,” said Daren Blomquist, vice president of RealtyTrac.

The Tampa Bay Times just last month published “Beware the zombie (houses) still menacing Tampa Bay neighborhoods” by Susan Taylor Martin, already hinting at the optimism:

As cases are resolved, zombie houses return to the land of the living.

And, elsewhere:

Vegas Inc: “‘Zombie’ foreclosures in the Las Vegas Valley are up 16 percent this year” by Eli Segall

Washington Business Journal: “Nobody’s home: 1 in 4 Washington-area foreclosures is vacant” by Jeff Clabaugh

Finally, a couple new ideas:

In Jacksonville: “Jacksonville City Council Passes Bill To Help Fight ‘Zombie’ Houses” by Lindsey Kilbride:

Legal Aid is partnering with the city to kill the zombies, so to speak.

Councilman Warren A. Jones is leading efforts to do something about not only zombie foreclosures

a bill the City Council passed this week could help. Bill 2015-340 would allow Legal Aid to better track and identify zombie properties.

And from Shelbyville News: “Programs available to help homeowners” …they are giving grants to homeowners for repairs!!! Now, that sounds like a smart idea, if only it forced some loan modifications too!

tomorrow la la la la

The movie “Tomorrowland” (about the Disney theme park) got some “zombie” press. I haven’t seen the movie yet but thought I would comment on some of the press.

CLTampa: “Tomorrowland: The future’s so bright you might miss the shade” by Keven Renken:

If recent movies are any indication, the future is not going to be pretty. Apocalyptic, dystopian cinema has actually been with us for decades, but in the last couple of decades it has achieved an unprecedented prominence. In the future we’ll be forced to sacrifice our young, devastated by zombie attacks, or destroyed by killer robots – and that just scratches the surface. The outcome does not look promising.

Meanwhile in TechCentral: “Tomorrowland: Futurobama” by Lance Harris:

It’s a well-meaning rebuff to the sermons about dystopia and climate catastrophe in schools and news media and to popular culture’s tales of nuclear annihilation, zombie apocalypse and genocidal artificial intelligences. The future, the filmmakers argue with the subtlety of Pollyanna with a megaphone, isn’t what it used to be. It’s only bleak, because we feed our fears for a terrifying destiny rather than building on our hopes for a better one.

Right, because our fears only exist if we feed them. As FDR said, “The only thing we have to fear is fear itself.” Of course, less than a decade later, he would take America to war. Which is more frightening, war (which is hell) or a world in which no one is willing to fight evil (because we are beyond good and evil)?

Disney has been accused of harboring Nazi ideas before. It’s sort of part and parcel to the clean, automatic, orderliness of it all. It’s a utopia of clocks and animated machines where the Hall of Presidents is just another haunted house.

See the StraightDope: “Was Walt Disney a fascist?” and Wikipedia: “Education for Death

Zombies might be expected to fit best in Adventureland or Frontierland, both are classically infested with native injuns (sometimes cannibals), and both traditionally exist in worlds of low-tech (the result of traveling outside the colonial empire, not all that different than a post-apocalyptic world). Still, perhaps the most pernicious of Disnefied fantasy is Tomorrowland, where the future is sanitized. Here we might more typically expect tropes of robots and aliens but it also an apt place to find AstroZombies (not to be confused with Astrue zombies, though those are likely to be abundant in the future too).

Still, perhaps the critics are reading it backwards, perhaps shows like “Walking Dead” and “Game of Thrones” are actually not dystopian fantasy but utopian. Like Robinson Crusoe or Davy Crockett, zombie fiction presents satisfaction to the longing for a simpler world, not the simplicity of automatic life, but rather the simplicity of hard survival. Today’s modern world is already more advanced than the original Tomorrowland but with these advances come a cold rational-but-arbitrary bureaucratic loss of individuality. We long for a time when human hearts mattered.

In Tomorrowland the only dragons are imaginations’ Figment, no actual dragons to fear, no real fear at all, except for the terror that the system might stop, the absolute terror of being freed from the machine. Is that the terror it portends to be, or would it be salvation for many zombie-cogs who have forgotten what it is to be human? Tomorrowland asks us to imagine the joy of a perfected future machine, but engineered perfection may not be what it promises.

Consider BioWorld: “Utopia, dystopia: Separating truth from fiction in bioethics discussions” by Jennifer Boggs:

There are no shortages of novels, movies and television shows featuring threats of global annihilation – zombie viruses, meteors hurtling through space, nuclear warfare – or opening up post-apocalyptic landscapes laid waste following a collision of unchecked scientific and technologic advances with the those worst of human traits – greed, irresponsibility, megalomania.

Boggs continues:

we all use such pop culture references as a communication shorthand for describing often-complex ideas.

As NYU bioethicist Arthur Caplan noted at last month’s BEINGS meeting, “there are people convinced that some scientist out there is going to apply CRISPR for eugenics purposes.”

I’m not saying we should give up our science fiction pursuits… reading and watching what-if fiction can still impart philosophical lessons, such as it being a good idea to proceed cautiously with new discoveries and technologies.

Caution: we know not what we do. Luke 23:34

Consider implications for the anthropocene, and see “Geo-Engineering Doesn’t Reduce Long-Term Risk” by James Kwak, associate professor at University of Connecticut School of Law:

Even if we stipulate that geo-engineering has a, say, 90 percent chance of solving all the significant problems of climate change — an estimate that is almost certainly way too high — who wants to take that risk?

The future is coming, can we control it, should we try? What else would we do? Psychoanalysis might remind us, from the work of Eric Berne, that inside each of us is a ‘little fascist’ saboteur.


Finally, see also PennLive version of today’s Paul Krugman column: “In Europe, partying like it’s 1914 all over again: Paul Krugman” paired with this picture of “stencil graffiti mocking German Chancellor Angela Merkel in Athens” with Mickey Mouse ears:

stencil graffiti disney Angela Merkel in Athens

NY Zombie properties update

This post is overdue and is therefore too long. Since my last post there has been a lot of discussion of zombie foreclosures in New York. In fact, the same morning that I wrote the last post, the New York Governor Andrew Cuomo announced (via press release) that there was a deal with the banks. That deal is nowhere near as strong as the proposed legislation was but it does potentially alleviate a part of the problem.

See Newsday: “Banks, lenders agree to better maintain abandoned ‘zombie house’ properties in New York” by Carl MacGowan and Denise M. Bonilla:

“Zombie properties can bring down the economic health and safety of entire neighborhoods,” Cuomo said in the release.

As far as I can tell, the Governor’s “zombie properties” press announcement is the first time he has publicly said “zombie”. Does a press release count as saying it? I think for politicians it does. So here’s a zombie Governor Cuomo:

zombie governor cuomo

Incidentally, that same morning, major media also reported a “zombie” quote from Prince Harry. I am not sure how much those two people really have in common but it was a sort of humorous juxtaposition of two celebrity-sons of power, now both with their own varieties of current power (as in The Zombies song, “Time of the Season“: “what’s your name, who’s your daddy?” – zombie father’s day is coming).

zombie prince harry

The Prince’s quote is a reference to Africa, gardening, and his new baby niece, all three are zombie-related ideas. Price Harry hadn’t met his new niece Charlotte yet. He was just back from Africa, and involved in a gardening project, so zombies were on his mind, see Telegraph: “Prince Harry visits charity garden at Chelsea Flower Show“:

“This evening will be quite busy. I’ll probably be like a walking zombie. It will be great. I haven’t seen my grandma for a while, or my grandfather.

It’s usually the newborn’s parents who are the walking zombies (from sleep deprivation) or maybe that was the prince’s way of referencing the need to behave more appropriately when around the family. The bulk of the rest of this post will be about the New York foreclosure issue, however, it seemed noteworthy to mention the royal celebrity not just because of the coincidental timing but also because the royals are perhaps a kind of original western zombie power, made so nearly 800 years ago. Consider this great article in WSJ about Magna Carta: “Magna Carta: Eight Centuries of Liberty” by Daniel Hannan in which Hannan argues:

Magna Carta conceived freedom and property as two expressions of the same principle.

So now back to New York zombie properties. As I said above, I believe the Governor’s press release was his first quote referring to “zombie” anything. Given how hard the Attorney General has pushed this RealtyTrac vocabulary, I find it hard to believe that the Governor hasn’t said it yet before (at least in private?) but I haven’t seen it. Since this quote is merely a press release from his office, it’s possible he’s still never said it out loud.

When you are politician, does a press release count as him actually having said it? Fascinating research by Professor Drew Margolin at Cornell University, would likely consider this as Cuomo saying it for purposes of analysis of rhetorical followership. In terms of following the political power maybe that makes sense, and it seems clear that the RealtyTrac, the Attorney General and Newsday were successfully in pushing “zombie” into the Governor’s vocabulary. Cuomo’s office seems to be following that but this tells us very little about the Governor’s own consciousness. Does he think of abandoned properties as zombies, and if so what does he think zombies are? What are the implications that result from this metaphoric comparison?

Recall that humor can spread information but also has a danger of undercutting the message. Recall recent research about using zombies for spreading information. But consider this article in The National: “No business quite like the mockbuster business” by Agence France-Presse. Zombie mockery is where’s it’s at these days. The world prefers to pay attention to celebrity and humor.

The Associated Press version (available at FoxBusiness) begins:

New York regulators say 11 lenders have agreed to regularly monitor and maintain vacant properties in an effort to combat neighborhood blight.

It should say they have agreed in an effort to hold-off potentially painful legislation. It sure is an interesting coincidence that this press release came the same day that I jokingly suggested we could kill zombie properties with fire (in response to an arsonist who did just that). It looks like I wasn’t the only one thinking it was time for a better strategy. The legislation would have included significant fines on the banks. So instead, the banks and governor have reached a cozy deal to assuage the potential for populist fire. Sure, they’ll participate in these best practices to prevent avoid legislation with $1000 daily fines.

Mortgage Daily: “NY Foreclosure War Rages as Servicers, State Team Up” by Lisa D. Burden

WestFairOnline: “Lenders agree to register, maintain zombie properties” by John Golden

Legislators, don’t let up! There are still banks that will not voluntarily cooperate and more importantly, please remember: zombie foreclosures aren’t just vacant houses. We don’t just need legislation for the vacant homes but for all the potential foreclosures on people who were nearly destroyed by the financial crisis. Most of those people are not dead, they might not be home, the homes might be falling apart because maybe no one has any financial incentive to fix them, but these homeowners still exist somewhere. If it was a windfall for them, I’m sure they would return. Instead we just keep bailing out the banks and keep screwing the zombies.

At WBFO, Mike Desmond’s article: “Concerns raised over abandoned properties” reminds us:

It’s a result of the foreclosure crisis which began seven years ago as the residential housing market crumbled. The usual process is to foreclose. For lending institutions, the problem is that means they have to take over and maintain the buildings and many don’t want to.

So, since the banks don’t seem to want the houses, maybe we could just wipe the debt clean slate and give the homeowners back their homes. Those are the people we should want to help. Some towns claim they can’t find those people. First of all, the banks have their social security numbers. Second of all, give those people a right to their homes, unencumbered by the now unreasonable debt, and I bet they’ll all show up in droves. Right now, the owners can’t afford to sell and the banks don’t want to claim possession. It’s a stalemate until the houses crumble. Instead, before the house is a blight, make the banks negotiate with the homeowners before the house falls into disrepair.

It’s underwater, blame the banks. Their robo-signing exuberance bubbled without control. The bubble burst, government bailed out the banks but not the people. Expand HAMP and force the banks to negotiate to today’s market values. Instead, the banks can afford to hold assets on their books and not sell for centuries. While we wait, the pain is on the other neighbors. See in Syracuse at 2111 S. Geddes St., the neighbor is repairing the shared garage roof for $8,000, and in Niagara Falls at 560 College Ave. the neighbors take turns mowing the lawn, and in Cheektowaga at 18 Stratford Place, and in Newburgh at 187 Carson Ave.. These homes need new owners.

Meanwhile, recall from the previous post, Indiana is dealing with it somewhat differently, see further analysis in NMP: “New York and Indiana Take Different Approaches to Zombie Properties” by Phil Hall. And in Chicago: “Cook County’s Land Bank is betting on Austin” by Michael Romain.

I don’t know what the best solution for the future of the world is, but we need a solution. See Newsday: “Zombie home agreement with banks a good step, but state legislation needed, officials say” by Denise M. Bonilla and Carl MacGowan.

zombie denise bonilla newsdayzombie carl macgowan newsday

Newsday deserves some substantial credit for the popularization of “zombie houses on Long Island” with their exposé (along with News12 Long Island) of vacant house pictures about 2 months ago. They also provided significant coverage of the AG’s visit. It’s amazing how a little bit of news can sometimes stir action. Truthfully, we don’t need legislation if we can scare the banks to change their behaviors. It’s the behaviors that matter not the laws, but the law can last longer than the public reaction. Attention to an issue can sometimes be enough but we might still want to legislate to preserve this deal for the future. This issue is far from dead.

Some other possible solutions: eminent domain, community land banks, altering the foreclosure process.

MortgageDaily: “NY Town Using Eminent Domain on Zombie Properties

PostStar: “City to use eminent domain to pressure banks to clean up foreclosure properties

Buffalo News: “Land bank announces completion of first ‘zombie’ house renovation in Lackawanna” by Harold McNeil


Wall Street Journal: “New York Regulator Seeks Faster Foreclosures” by Joe Light

zombie superintendent lawsky

zombie assemblyman hawley zombie assemblyman goldferber
And see:

WBTA190: “Hawley Supports Combat of “Zombie Properties”” by Evan Anstey

RochesterHomepage: “Rochester residents are fed up with “Zombie Properties”” by Ashley Zilka

NewYorkLawJournal: “State Banking Regulator Calls for Foreclosure Changes” by Joel Stashenko

BuffaloNews: “Continuing wave of ‘zombie homes’ necessitates action by State Legislature

NiagaraGazette: “EDITORIAL: We’re all for attacking problem of ‘zombie’ houses

NiagaraGazette: “EDITORIAL: It takes a village to fight blight

WGRZ: “State Legislation Would Crack Down on Zombie Homes

RockawayTimes: “Goldfeder: Zombie Properties to Get Some Life

Rockawave: “Phil Goldfeder: Zombie Hunter” by Harry Kane

TheForumNewsGroup: “Sweeping Plan to Thwart Rise in ‘Zombie’ Properties

Newsday: “Letter: Squatters are a community danger

Newsday: “Letters: New approach to foreclosed homes” – one letter tries to shift the blame from the banks back onto the homeowners and the legal system and the other advocates the other advocates using eminent domain.

WKBW: “Zombie Properties: Curse for suburbs. Will proposed law help?” by Ed Reilly

LancasterBee: “Depew looks to slay ‘zombie properties’” by Julie Halm

WestfieldRepublican: “Zombie property haunts Westfield residents” By Jeremy Izzio

Rome Observer: “Senate bill to address abandoned ‘zombie properties’

So, in conclusion to this long post:

WIVB: “Northtowns neighborhood fed up with “zombie” property” By Al Vaughters:

this zombie property: Stan can’t buy it, Donna can’t give it away, and the bank won’t take the title.

Shouldn’t the bank be looking to cut its losses?”

NextCity: “How the Zombie House Crisis Mutated and What Cities Are Doing About It” by Anna Clark:

The memorable “zombie” branding blurs some of the nuances of the technical term, says the Housing Partnership Network’s Danielle Samalin — vacancy does not necessarily mean a foreclosure is in limbo.

The result? Demoralized homeowners, the debilitating infection of blight on a community, and no easy way to push property into the hands of somebody who will take responsibility for it.

kill them with fire – or why “zombie” blogging is dangerous

There’s a new strategy in the fight against zombie properties. Actually it’s not a new strategy at all. It’s probably one of the oldest real estate strategies in history, and it’s a classic way to kill zombies. Fire. Kill it with fire. And so when the zombies are run-down vacant buildings, we call that arson.

CBS6 reporting from Schenectady, NY: “Arrest made in string of fires“:

City leaders acknowledge that vacant buildings, or so-called “zombie properties” where some of these arsons were, are a problem and they say they are working to clean those properties up or tear them down.

Now it looks from the article like this 22 year old is just a crazy arsonist, likes to play with fire. Or maybe he’s just the fall guy. Maybe I’ve seen too many Batman cartoons but it really wouldn’t surprise me if some larger interest encouraged that arsonist. Now of course, I am (half-)kidding. Because it’s dangerous to think this way.

Words have effects. The things we say make other people feel stuff, and sometimes very differently than the speaker intended. I don’t intend to encourage anyone to burn down buildings. I think I would prefer the strategy in Huntington — use the existing blight laws. See Newsday: “Huntington officials work to resurrect zombie houses, other abandoned homes” by Deborah S. Morris.

And Huntington’s success only further makes me wonder why we need Schneiderman‘s legislation. All the news rhetoric has been about vacant abandoned houses that should be considered blight, and yet the law is about banks and foreclosures… I suspect there are a lot of houses in the grey area and the town doesn’t really want to blight the homes, it wants them repaired, occupied and paying taxes.

Anyway, all this political conjecture is sort of dangerous because this ZombieLaw blog has always been a mix between serious academic newsworthy information and satire. Some people really don’t like satire. It scares them to not know for certain what is true. For many people it seems that it may be scarier to be uncertain than to be lied to. However, false information is also scary and I do try not to be false…. still there is a very real danger of playing into the very media politics I am trying to criticize. Truth becomes a zombie.

Part of why my hiatus lasted so long is that the Charlie Hebdo incident scared me. The first post that started this ZombieLaw blog was about “zombie Mohammed“. A recent headline at Ars is about a blogger being hacked to death (haha at the pun: he’s a blogger being “hacked” … with a machete!). Now, I don’t think anything I’m writing should get me killed but hey, ya never know who I’m pissing off. This whole ZombieLaw activity is sort of an OCD hobby of collecting zombie references, and sometimes that OCD-mentality makes it difficult for me to write at all. I really can’t control what people think after reading. So, this blog only exists when I can suppress that fear and just click publish anyway. Every time I click ‘publish’ it’s sort of like saying ‘fuck it all’. On the one hand, really, who cares what I write on the internet, it’s just another byte on the crap pile.

On the other hand, see, KDVR: “Denver woman wants apology after judge acquits her of lying to police“:

“I think they retaliate on anybody who speaks up, anybody who stands up for their civil rights,” said Lebrun, referring to Denver Police and the City Attorney’s office. Her legal nightmare began October 18th, when she became separated from a friend during Denver’s annual Zombie Crawl downtown
… Her attorney, Siddhartha Rathod argued, “Ms. Lebrun was charged because she complained about the conduct of Denver Police and they wanted to silence her.”

Yes, speaking is dangerous these days.

There is another more important danger, a new study reported in Journal of Applied Communication Research by researchers Julia Daisy Fraustino and Liang Ma about the “Use of Social Media and Humor in a Risk Campaign” (h/t NewsWire). The researchers reexamined the CDC zombie apocalypse emergency preparedness media campaign and studied the

benefits and pitfalls of using social media and humorous messaging for risk communication. Findings show social media can quickly spread information to new publics for minimal costs; however, experiment participants who received the humorous (i.e., zombie) risk message reported significantly weaker intentions to take protective actions in comparison to those who received the traditional, non-humorous risk message.

The researchers conclude:

Ultimately, this research found that the CDC’s zombie-preparedness campaign, while vastly increasing emergency-preparedness message exposure and deemed effective by campaign management, may have decreased publics’ intentions to take any of a host of preparedness actions or even to seek additional information. So, perhaps zombies have overtaken not only pop culture but also publics’ intent to prepare for a zombie apocalypse—or any emergency.

The word “zombie” helps spread the controversy but it doesn’t really help focus the problem or help us understand if any particular position is correct, worse it may lead to inaction. Nevertheless, the humorous juxtaposition of metaphors helps spread the message, so we are constantly exposed to zombie symbols in a big conceptual blender, buy much of it is deathly serious.

It’s sort of like Amanda Knox singing the Cranberries song “Zombie” in NYC (via TMZ): “Amanda Knox — Killing It At Karaoke“. Spreading celebrity and blurring meaning to keep her name alive in cultural consciousness. It doesn’t tell me one bit about what to think of her or what she may have done or didn’t do, and then by my commenting on it, I am unavoidably doing the same, spreading her meme, drawing attention away from other potential ideas. Like meanwhile, in the Irish Mirror, the actual: “Cranberries singer Dolores O’Riordan to face ‘air rage’ charges” in Ireland after landing on a flight from NYC. Is NYC zombie central?

Recall some old ZombieLaw posts from last year: “In Defense of Satire” and “Rebel Art“. There is a real value in trying to comprehend truth through alternative lenses. Many of the issues associated with zombies are very serious real issues. Hackers and identity security, guns, meat-eating, animal consciousness, the history of slavery, cultural appropriation, psychological impairments, Social Security, memory loss, climate change, ebola and global capitalism, and that’s just off the top of my head. There are lots of other issues that are of insanely serious concerns for the future of the anthropocene. We need to spread awareness and humor can do that, but it also threatens to weaken the importance of our cause, not to mention seriously offend some people (to the risk they might kill us for saying so).

What choice do we have? Do we sit silent. No. It’s funny. We must laugh. People will want to know what we’re laughing about. And they will laugh with us, and then we can all cry together, before we die together.

I hope you don’t think this makes zombie foreclosures or arson or blogger deaths or NYC or the philosophical difficulty of truth any less serious. It’s all funny but that doesn’t mean we shouldn’t do something about it. It’s not just a zombie, it’s somebody’s home. We can prepare for disasters. We can help save the community. See this message from Norwell Fire Department: “FIRE BLOG: Preparing for a zombie apocalypse could save your life” by Capt. Jeff Simpson

Or maybe it’s all just promotion. There’s Zombie Burger in Illinois using the “Human Centipede” to comic effect to sell the human consumption of animal flesh. Des Moines Register: “Look at Zombie Burger’s Human Centipede creation“. The cartoon South Park also used the human centipede idea, I actually thought it was a South Park original idea (“HUMANCENTiPAD“) but no, it’s a whole horror movie franchise “Human Centipede” with the third installment coming out next week, May 22. Human centipede gives whole new meaning to middle class, and to the entire capitalist food chain. Eat shit and pass it on. It’s part of social (media) contract.

Zombies, all of us, playin’ with fire, gun’ get burned. Livin’ in glass zombie houses, gotta put down the rock, gotta live together in this community, gotta make sure the place is safe for everyone, for the kids too, but there’s just no denying that the world’s become a human-shit-chain of zombie debts … we need to fix that.

Legislation about Zombie Properties #ZombieHomes

I have been eager to post about the abandoned properties legislation. There are new developments in Indiana and New York. But the truth is I really don’t know what to say. Looking at the New York Bill A06932 / S04781, I like it but I have many concerns. I have no idea if these concerns are legitimate. I have not yet really read the Indiana law SB 415. So I am not competent to pass any useful information about this important area of zombie foreclosure law.

In New York it is being called zombie properties by many news outlets and that language is championed by Attorney General Schneiderman. The bill aims to charge the banks to repair any abandoned properties on which they hold mortgage. In Indiana, the Governor has signed a new law that seems to do the opposite making it difficult for the local towns to pursue the banks, but also changed some tax code to maybe make sale easier.

I still want to know where the homeowners went? I want to know why the government law isn’t aimed to more directly help those people? As far as I can tell the Indiana law protects the banks and the New York bill empowers local governments (the upstate mayors like it and this week was the Nassau County photo-op and opportunity for the AG to sit across the table with the Nassau County Executive). It’s nice to see the cross-party collaboration but what about the previous homeowners, where are they at the table? Taxed out maybe? And now they’ll send bank inspectors to the houses to see if any people still live there, force the bank to mow the lawn, pay the taxes, and start short selling. Some of these families’ properties went financially underwater in the bank crisis and then literally underwater during Superstorm Sandy. Why isn’t government forcing the banks to make principal reductions and interest rate modifications to bring the loans to current fair market value? Let the owners get the windfall instead of the banks or the towns. Let the economic flood waters wash away the debts not the homeowners. ?

All we hear about are the abandoned homes, what about the one’s with people still struggling to keep them? The zombie debt crisis isn’t just the abandoned homes and the visible blight. We’re still in the same sinking float of the bank-crisis induced, robo-signed mortgage, collateralized debt, quantitative easing, too-big-to-fail, foreclosure hell. What seems clear is that many politicians want to talk about abandoned blight and not the underlying financial apocalypse. Of course we need to clean up the blight, but there are also a lot of healthy-looking zombies out there, and I might prefer a broader legislative package to help more of those other zombies find agreeable settlement.

Is the New York bill as surely a “no-brainer” as the Attorney General has said (see Newsday: “Schneiderman: Legislation to combat plague of zombie houses on LI ‘is a no-brainer’” by Carl McGowan)? The legislation has some teeth to fine the banks, and even some zombie eyes in the form of bank inspectors checking the properties. How would it actually affect the world? I have no idea but that’s no problem, it’s a promised “no-brainer”, no need to think about it, right? So we don’t need to ask why the bill creates a special foreclosure court part? What’s wrong with the regular foreclosure proceedings? What judicial protections might be lost in an expedited special foreclosure process? Will robo-signed notes be as extensively scrutinized as they should? How will it affect the other cases remaining on the regular foreclosure docket? Where’s Governor Cuomo on this issue? And how will this be affected by who he appoints as the next Chief Judge to replace Lippman?

On all these questions, I have no idea. This post has been a a real no-brainer.

Zombie Federal Courts – first trimester 2015

The first trimester of 2015 is basically over and here’s a roundup of all the “zombie” mentions in Federal courts so far this year.

Mostly these are appeals from Social security cases (easily identifiable by the defendant name being either Commissioner of Social Security, or more frequently the name of the current commissioner, currently Ms. Colvin, and still one case named with the previous Commissioner, Mr. Astrue). Most of these social security zombie cases are quotations from the record about the claimant’s behavior and/or their feelings of incapacitation, often cause by taking some kind of prescribed pharmaceutical.

Additionally in this set, notice a case about the LA Zombies gang, a citation distinguishing the facts from the Baribeau zombie dance party case and most recently (listed last in this list), from just this past week, denial of a habeas petition on a death penalty case in Texas.

  • Tomlin v. Colvin,
    No. 4:13CV2424 SPM,
    2015 U.S. Dist. LEXIS 286,
    January 5, 2015

    Plaintiff visited Dr. Gaskin on August 11, 2011, and reported that he felt like a zombie. Dr. Gaskin determined to decrease plaintiff’s Abilify. Plaintiff’s current medications included Albuterol, Allopurinol, Aripiprazole, Atenolol, Bupropion, Capsaicin, Lisinopril, Loperamide, Omeprazole, Topiramate, and Venlafaxine. Plaintiff reported no side effects. Plaintiff reported having no migraines since taking Topamax.

  • Milan v. City of Evansville,
    Cause No. 3:13-cv-1-WTL-WGH,
    2015 U.S. Dist. LEXIS 750,
    January 6, 2015

    officers performing surveillance on Milan’s home noticed Derrick Murray, a known LA Zombies gang member and a “thorn to the police department for a while,” two houses down from Milan’s home on his mother’s front porch. Murray had a prior conviction for intimidating a police officer and had sprayed “187” on an officer’s garage.


    Detective Seibert also considered a possible familial relationship between Milan and LA Zombies gang member Marc Milan, due to their shared last name.

  • Hennion v. Colvin,
    CASE NO. 3:13-cv-00268-MWB-GBC,
    2015 U.S. Dist. LEXIS 25466,
    January 14, 2015,
    Adopted by, Remanded by Hennion v. Colvin, 2015 U.S. Dist. LEXIS 24637 (M.D. Pa., Mar. 2, 2015)

    When Celexa made him feel like a “zombie,” he switched back to imipramine and then added Ativan.

  • Henning v. Colvin,
    Case No. 5:14cv87-CAS,
    2015 U.S. Dist. LEXIS 6248; 211 Soc. Sec. Rep. Service 468,
    January 20, 2015

    Prior to the hearing, the claimant alleged that her medication side effects included sleepiness, increased rage, increased depression, increased suicidal thoughts, problems with attention and short-term memory, and zombie-like/comatose effects that made it hard to function. However, she admitted that she was not taking medications at times

  • Alaura v. Colvin,
    CAUSE NO. 1:13-CV-287,
    2015 U.S. Dist. LEXIS 14394,
    February 6, 2015

    Alaura reported that he was experiencing excessive daytime tiredness, difficulty concentrating (“zombie-like state”), trouble falling asleep, unsteadiness and possible vertigo when he moved rapidly, fluctuating headaches, light sensitivity, and pain that increased with exertion.

  • Withrow v. Colvin,
    No. 1:14-cv-3037-FVS,
    2015 U.S. Dist. LEXIS 18910; 212 Soc. Sec. Rep. Service 614,
    February 11, 2015

    Plaintiff was 24 years old at the time of the hearing. (Tr. 53.) She testified she finished the ninth grade. (Tr. 36.) She did not start tenth grade. (Tr. 37.) She started living on her own at age 16. (Tr. 37.) She testified she doesn’t really do anything during the day because she is depressed. (Tr. 41.) She sees a counselor once a month for her depression. (Tr. 41.) She has tried medication for depression, but it made her feel “like a zombie” and she would “freak out.” (Tr. 43.) She sleeps a lot. (Tr. 60.) Some days she does not get out of bed. (Tr. 60.) She has anxiety. (Tr. 44.) Plaintiff was diagnosed with ADHD as a child. (Tr. 50.) She has work experience housekeeping and at a fast food restaurant. (Tr. 51.) She feels she cannot work a 40-hour workweek because of her depression, anxiety and mood swings. (Tr. 64.) She feels like she needs to be on medicine and she needs help with her problems. (Tr. 53.) She has no friends. (Tr. 54.) She had a previous boyfriend who was abusive. (Tr. 56.) She has nightmares and feels guilty, worthless, helpless and bad about herself. (Tr. 56-57.) She does not feel safe. (Tr. 57.) She snaps at people by raising her voice and swearing. (Tr. 58-59.) She loses track of what she is doing and starts something else. (Tr. 61.) She has a hard time keeping track of things like her keys and wallet. (Tr. 61.)

  • Whistler v. Colvin,
    Case No. CIV-13-388-RAW-KEW,
    2015 U.S. Dist. LEXIS 35152,
    February 17, 2015,
    Adopted by, Remanded by Whistler v. Colvin, 2015 U.S. Dist. LEXIS 34194 (E.D. Okla., Mar. 19, 2015)

    She reported discontinuing the Remeron because it made her “feel like a Zombie the next day.” Claimant continued to feel very depressed, very anxious, and was having lots of panic attacks. Dr. Farrow diagnosed Claimant with bipolar disorder and PTSD.

  • Zerbst v. Comm’r of Soc. Sec.,
    CIVIL ACTION NO. 14-cv-10754,
    2015 U.S. Dist. LEXIS 37857,
    February 20, 2015,
    Adopted by, Summary judgment granted, in part, summary judgment denied, in part by, Remanded by Zerbst v. Comm’r of Soc. Sec., 2015 U.S. Dist. LEXIS 36288 ( E.D. Mich., Mar. 24, 2015)

    During the day he mainly stays in his room because he does not like to deal with anything or anybody. T 44. He does not sleep well at night because numbness and tingling in his arms wakes him up at night, and his medication makes him sleep periodically throughout the day as it makes him “extremely drowsy.” T 44. Wellbutrin turns him into a “zombie,” and Xanax “knocks [him] out cold.” T 49. He does not walk the dog because he does not like to get too far from his house. T 44. He tried to go to the grocery store by himself, but halfway through the trip he felt like he could not breathe; but he can go with his mother or girlfriend because he feels like they provide a buffer. T 45.

  • Coleman v. Colvin,
    Case No.: 3:13-cv-23805,
    2015 U.S. Dist. LEXIS 21000,
    February 23, 2015,

    Nurse Kearns restarted Prozac and discontinued Trazodone, which caused Claimant to feel like a “zombie.” Claimant was instructed to continue with therapy.

  • Fisher v. Dir. of OPS of CDCR,
    Case No.: 1:14-cv-00901-BAM PC,
    2015 U.S. Dist. LEXIS 26597,
    March 4, 2015,

    While in the hospital, Plaintiff was injected with some drug for refusing his medication. It made him lethargic. Plaintiff also was given Zyprexa, which had him walking around like a zombie. Plaintiff alleges that he was overmedicated for the EOP program. He alleges that a Kehea hearing on February 25 came as a surprise to him. (ECF No. 18, p. 7.) Plaintiff met with Inmate Counsel Christopher Reid, who asked if Plaintiff had been served his copies. Plaintiff alleges that he had not in violation of his Fourteenth Amendment rights. The lawyer was aware and they clashed. The lawyer also treated adversarial staff and the judge with deference. The judge dismissed Plaintiff’s Fourteenth Amendment claim.

    Plaintiff contends that the doctors are insensitive to his basic needs and he is overmedicated like a zombie. Plaintiff asserts that his clinician has threatened him with a Department of Mental Health Crisis Bed if he does not attend therapy, which is in a small cage. Plaintiff alleges that the medication he is forced to take gives him tremors, nausea and lethargy. He disagrees with the type of treatment he is receiving.

  • Brady v. Colvin,
    No. 4:13CV2076 RLW,
    2015 U.S. Dist. LEXIS 26910,
    March 5, 2015,

    Plaintiff reported previously taking psychotropic medications, but they made her feel like a “zombie.”

  • Pentakota v. Colvin,
    CA 14-0190-C,
    2015 U.S. Dist. LEXIS 27387,
    March 6, 2015,

    The claimant alleges disability because of various mental conditions including problems with anxiety, insomnia, manic depression, bipolar disorder, having hallucinations, and being hospitalized for mental problems. According to testimony, she has problems concentrating. She was placed on medications that make her sleepy. She testified that her medications make her feel like a zombie and make her sleep.

    *This Pentakota case also ends with a wonderful footnote about plaintiff counsel’s use of the phrase “atmospheric extraction”

  • White v. Perkins,
    CIVIL ACTION NO. 3:14CV-223-CRS,
    2015 U.S. Dist. LEXIS 29515,
    March 10, 2015

    The Ashbaugh affidavit recites that after the accident “Paul White’s whole person seemed to change…After the wreck, Paul White was like a zombie. His memory got bad, he did not seem to focus on details like he used to about anything…After the wreck, due to these changes, it was not safe for Paul White to work on the property equipment.”

  • Gilmore v. City of Minneapolis,
    Civil No. 13-1019 (JRT/FLN),
    2015 U.S. Dist. LEXIS 32090,
    March 16, 2015

    This case is also different than in Baribeau, where the Eighth Circuit, interpreting the same Minnesota disorderly conduct statute, concluded that the police did not have probable cause to arrest a group of anti-consumerism protestors. 596 F.3d at 478. The court first held that the Minnesota Supreme Court’s narrowing construction of the disorderly conduct statute — which holds that the statute only proscribes expressive language or speech that amount to “fighting words” — also applies to expressive conduct as well. Id. at 477. In other words, expressive conduct is only barred under the disorderly conduct statute if it has an effect similar to fighting words — conduct that inflicts injury or tends to incite an immediate breach of the peace. Id. at 475, 477. The plaintiffs in Baribeau were engaged in expressive conduct in order to protest consumerism: they were dressed as zombies, playing loud music, walking around, and coming up close to other members of the public. Id. at 471. The court concluded that the officer defendants did not have arguable probable cause to arrest the protestors, because they were engaged in expressive conduct that “did not amount to fighting words.” Id. at 478. In this case, however, Gilmore does claim that all of his alleged conduct and statements fall under the umbrella of expressive conduct. Indeed, the reports from witnesses of Gilmore’s threat against Glazer, and angry advances and statements against Glazer and the two women, describe combative, threatening, and disruptive conduct that led to a large crowd of people gathering and attempting to intervene. They do not describe the type of expressive conduct at issue in Baribeau.

  • Jackson v. Colvin,
    CASE NO. 5:13-CV-1890-KOB,
    2015 U.S. Dist. LEXIS 34158,
    March 19, 2015

    During the evaluation, the claimant told Dr. Rogers that “‘I take so much medication, I fell like a zombie.'” She also stated that her medication side effects impair her ability to function.

  • Meyen v. Colvin,
    Civil No.: 3:13-cv-00936-JE,
    2015 U.S. Dist. LEXIS 53957,
    March 19, 2015

    Plaintiff’s weekly injection of pegylated interferon (peg IFN) “knocks [him] out” for three or four days. During that time he is like “a zombie,” moving slowly and feeling “drained.” He spends most of the day lying in bed or in a chair. Before starting treatment he experienced fatigue but it was less severe.

  • Howell v. Comm’r of Soc. Sec.,
    Case No. 13-cv-13444,
    2015 U.S. Dist. LEXIS 36513,
    March 24, 2015

    The treatment notes consistently indicate that he was staying sober and working hard on his treatment, and that although he was prescribed psychiatric drugs, he refused to take them. He told one of his treatment providers: “he took one or two doses of his medication and felt like a zombie and didn’t like the feeling at all, would prefer to be without them. States he doesn’t feel like the problem is present when he is not using street drugs.”

  • Marconi v. Colvin,
    CASE NO. 1:13-cv-02531-GBC,
    2015 U.S. Dist. LEXIS 39195,
    March 27, 2015

    Plaintiff’s husband also testified that he set out a daily list of chores for Plaintiff to do, otherwise, “[s]he’d sit in front of the TV all day long like a zombie.”

  • Carey v. Astrue,
    Civil Action No. 10-413 GMS,
    2015 U.S. Dist. LEXIS 39851,
    March 30, 2015

    Carey reported to her therapist on May 10, 2006 that she stopped taking Wellbutrin because she felt like a “zombie” and the medication was hindering her ability to clean. (Id. at 12, 272.) On May 17, 2006 Carey reported to Dr. Nixon that she stopped taking the Wellbutrin because it made her irritable, and the Ritalin was not helping. (Id. at 270.) Instead, she took Xanax, which was provided by a friend. (Id.)

  • Denny v. Colvin,
    Case No. 14-3143-CV-S-ODS,
    2015 U.S. Dist. LEXIS 47836,
    April 13, 2015

    In January 2012 Plaintiff discussed with Dr. Wang the need for him to complete a Medical Source Statement (“MSS”). It was also during this meeting that Plaintiff discussed (apparently for the first time) that the “zombie apocalypse is ready to begin” and she was “prepared to survive.” Dr. Wang diagnosed her as suffering from migraine headaches (resolved), mild polysubstance abuse, and disassociative disorder not otherwise specified.

  • Davila v. Stephens,
    Civil Action No. 4:13-CV-506-O (death-penalty case),
    2015 U.S. Dist. LEXIS 51854,
    April 21, 2015

    Regarding Davila, Olivas testified that he was diagnosed with ADHD5 when he was a child and had very poor vision. Id. at 69:22-24. He additionally had a difficult time controlling his temper. Id. at 99:22-25. Although he was prescribed Ritalin for his ADHD, Olivas quit administering the medication to him because “[w]hen he took it, . . . he was like a zombie.” Id. at 70:12-17. As a student, Davila “had good grades until high school.” Id. at 71:1-2. When he was twelve or thirteen, Davila began wearing colored clothing suggesting that he was involved in gang activity. Id. at 71:14-25. Olivas often picked Davila up from school and he was “beat up.” Id. at 82:14-15. His teachers additionally reported that Davila “was exhibiting behaviors that are unacceptable in the classroom, and at times [was] endangering the lives of other students in [the] classroom.” Id. at 100:4-8.

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