Thursday, May 17, 2012

Judge Baddour: UNC Chapel Hill's Judge: Bought and Paid For

A recent article appeared in the press:
HILLSBOROUGH -- An Orange County judge on Wednesday declined to order UNC-Chapel Hill to resume paying salary and benefits to physics professor Paul Frampton, who is in an Argentinian prison on drug charges.
Superior Court Judge Allen Baddour denied attorney Barry Nakell’s request for a temporary restraining order that would have required the university to pay Frampton his salary and benefits pending a hearing on a preliminary injunction.
Frampton, the Louis D. Rubin Jr. Distinguished Professor of Physics and Astronomy at UNC, was arrested Jan. 23 in the Buenos Aires airport after two kilograms of cocaine were found in his checked luggage. He says he is innocent and is confident of being exonerated in court.
University officials informed Frampton in February that his salary and benefits would be halted until he was able to resume his duties.
Nakell argued that the university cannot legally do that.
“The university has no legal basis to terminate Professor Frampton’s salary and benefits,” Nakell said. “Even if the university took action to discharge or suspend him, there are detailed procedures that have to be followed.”
Baddour didn’t rule on that argument Wednesday.
He denied Nakell’s motion because, he said, it failed to meet two of the requirements necessary for a temporary restraining order.
First, Baddour said, the complaint failed to demonstrate that Frampton had a likelihood of success on the merits of an “underlying claim,” such as an allegation of breach of contract or some other violation.
Frampton’s complaint included no such underlying claim, and therefore, Baddour said, “the court is unable to find that a likelihood of success on the merits is possible.”
The judge also said the complaint failed to demonstrate that Frampton would suffer “irreparable harm” without a restraining order.
The matter will almost certainly come before the court again. Nakell said he intends to file an amended complaint.
When are people going to realize that Baddour is a lap dog for UNC Chapel Hill. He will rule in their favor EVERYFREAKINTIME on every matter, no matter what. He went there. His father worked there, before they dumped him, the school even named a building after his disgraced father after they booted him (go figure); and he is as good as their judge, bought and paid for!  

Baddour believes that a person sitting in an Argentinian prison, fighting for his very life WITH HIS PAY NOW STOPPED isn't facing irreparable harm? Clearly he is biased for the university.

Watch how he finds a way to dismiss the amended complaint too! He has got to go. Show Baddour the Door!

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