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Veteran alleges discrimination, sues anti-war landlord Jun 5th 2012, 18:58 By Rebecca Ruiz A veteran of the Iraq and Afghanistan wars is suing a Boston-area landlord, alleging that he was passed over for a rental apartment because of his combat service. Joel Morgan, 29, filed a complaint with the Suffolk Superior Court against Janice Roberts, 63, on May 25. Morgan claims that Roberts said she was a member of a grassroots organization opposed to the Iraq war and "would have problems renting to him," according to the complaint. Morgan served at Guantanamo Bay, Cuba, in 2003, was deployed twice to Iraq between 2007 and 2009, and completed a final tour in Afghanistan last year.  Though federal housing law does not prohibit discrimination against veterans, Massachusetts state law forbids owners from refusing to rent to someone because he or she is a veteran or member of the Armed Forces. Morgan told msnbc.com that the alleged incident, which occurred in early April, increased his anxiety and worsened the symptoms of his post-traumatic stress disorder, including sleeplessness and panic attacks. He also worried about admitting his veteran status to other potential landlords. "It made me feel confused, disgusted," Morgan said. "I couldn't believe that it was happening." Follow @msnbc_us Attempts to reach Roberts were unsuccessful. She told the Boston Herald that Morgan was among 30 people who asked about the apartment. "We had to choose somebody," she said.  Morgan contacted Roberts after seeing an ad for the two-bedroom unit, in the Savin Hill neighborhood, in a local newspaper. Upon meeting Roberts, the former sergeant explained that he would pay the monthly rent of $1,220 with Army disability benefits. Morgan has received a 100-percent disability rating due to physical injuries and PTSD related to his service. Morgan took home a lease agreement and was told to return it the following week, but according to the complaint, he then received voice messages from Roberts stating her discomfort about having him as a tenant. In the first voicemail, Roberts allegedly said that Morgan's service posed a "conflict of interest." She also cited concerns about a remark Morgan made regarding noisy neighbors, whom he described as black. Morgan left a message with Roberts trying to clarify his remarks, emphasizing that "he did not mean that he had disliked his neighbors because they were black," according to the complaint. Roberts allegedly left a second message, responding that she didn't care about that particular incident, but that her concerns involved several issues. "We are very adamant about our beliefs, so I just want to let you know this is a whole compilation of things," Roberts said, according to the complaint. "It just is not going to be comfortable for us without a doubt ... It probably would be better for you to look for a place that is a little bit less politically active and controversial." It is unclear if Roberts lives in the building. When Morgan contacted Roberts about the apartment, she reportedly told him to call her "Ms. Monroe." Her legal name was unknown to Morgan until he wanted to file a complaint and contacted a lawyer.  Morgan is seeking compensatory damages for emotional distress, punitive damages and attorneys' fees, though Morgan and his lawyer, Joseph Sulman, declined to name the specific amount they are seeking. Morgan decided to pursue the claim after speaking with fellow veterans and soldiers who encouraged him to expose the alleged discrimination. "People need to know this still happens," Morgan said. Sulman said he hadn't encountered a case like this before, but said housing discrimination likely happened without veterans or service members reporting it or filing a suit. Morgan has since rented a one-bedroom apartment in the Dorchester neighborhood for $1,235, but still doesn't understand why Roberts cared so much about his background. "She was basically putting words in my mouth that I was as against her as she was against me," Morgan said. "I didn’t care – I just wanted to give her a check." Related stories: Controversial Army policy limits how soldiers get service dogs Video: Boy, 9, gives away Disney World trip to family of fallen soldier Can WW II film long hidden by the Army aid today's veterans? Veteran fights VA to keep PTSD diagnosis Follow US News on msnbc.com on Twitter and Facebook Jury indicts suspect T.J. Lane in Chardon High School shootings Jun 5th 2012, 18:41 By msnbc.com staff Follow @msnbc_us   An Ohio grand jury has indicted T.J. Lane in the Chardon High School shooting spree that left three students dead and three wounded, NBC station WKYC reported Tuesday. The Geauga County panel returned indictments against Lane, 17, on six counts, including three of aggravated murder, two of attempted aggravated murder and one count of felonious assault. T.J. Lane at a May 24 court hearing in Chardon, Ohio. Lane previously was charged in juvenile court but a May 24 hearing determined that he would face trial as an adult in connection with the Feb. 27 shootings. Lane is scheduled to be arraigned on the new charges on Friday. He remains in custody after the juvenile court judge rejected a $500,000 bail request. If convicted, Lane could get life in prison without parole, the Cleveland Plain Dealer newspaper reported on its website. Watch US News crime videos on msnbc.com Had Lane’s case been routed to juvenile court, the maximum possible penalty would have kept him jailed until he turns 21. Police say Lane has admitted that while wearing a T-shirt with the word “Killer” on it he fired on students at a cafeteria table. Lane’s motive remains unclear, authorities said. Lane lived with his grandparents and attended an alternative school for students who haven't done well in traditional schools; he was bused there from Chardon High. A police report obtained by the Plain Dealer shows that Lane admitted to firing 10 shots from a .22-caliber semiautomatic Ruger handgun. Three shots killed Demetrius Hewlin, 16; Russell King Jr., 17; and Daniel Parmertor, 16. Two other students shot include Joy Rickers, who was released from the hospital, and Nick Walczak, who is undergoing rehabilitation for his wounds, the Plain Dealer said. A sixth student, Nate Mueller, was grazed on the ear by a bullet, the newspaper said. Chardon High School student Jonathan Sylak talks to msnbc's Thomas Roberts about the terror at his school as a fellow student starting shooting in the cafeteria, killing two teens and injuring three others. Sylak says the shooter, T.J. Lane, had seemed like a "very docile" guy. More content from msnbc.com and NBC News: Routine traffic stop reveals toddler holding a handgun, Chicago police say California faces threat at sea from drug smugglers Jurors chosen in trial of ex-Penn State assistant coach Sandusky Video: Prodigy earns MD at age 21 Army policy makes it difficult for solders to get service dogs Follow US News on msnbc.com on Twitter and Facebook Media files: 120605-tj-lane-chardon-school-shooting-vmed-943a.photoblog400.jpg (image/jpeg) getMobileVideo?videoId=46557179 Federal appeals court won't revisit California's Prop 8; gay marriage ban likely headed to US Supreme Court Jun 5th 2012, 17:15 Justin Sullivan / Getty Images Same-sex couple Frank Capley-Alfano, left, and Joe Capley-Alfano kiss as they celebrate outside of San Francisco City Hall on Feb. 7 after a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Proposition 8 measure violates the civil rights of gay men and lesbians. By msnbc.com's Miranda Leitsinger and James Eng Updated at 1:38 p.m. ET: A federal appeals court said Tuesday it will not rehear arguments on California's Proposition 8, meaning the final word on the constitutionality of the state’s ban on same-sex marriage will likely come from the U.S. Supreme Court. Follow @msnbc_us A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 in February that the ban discriminated against gays and lesbians and served no purpose other than to “lessen the status and human dignity of gays and lesbians.” It rejected the key argument by ban supporters that Prop 8 furthered "responsible procreation." Prop 8 backers appealed the ruling to the full 9th Circuit, which on Tuesday declined to review it with a larger panel of 11 judges. That clears the way for Prop 8 backers to appeal to the U.S. Supreme Court. They have 90 days to do so. Read the 9th Circuit Court of Appeals decision Frank Schubert, political director for the National Organization for Marriage, a key backer and principal funder of Prop 8, said that's where the legal showdown will ultimately be resolved. “We’re very, very confident in our position on Prop 8 that it is a properly enacted constitutional amendment well within the rights of the people of California to enact, and we are looking forward to that issue going to the U.S. Supreme Court because we are confident that we’ll win it there,” he told reporters on a conference call before the appeals court announcement. “The sooner it can get there the better as far as we’re concerned.” Opponents of Prop 8 lauded the refusal to rehear the case. “Two federal courts in this case have affirmed what we know to be true — that Proposition 8 seriously infringes on the guarantee of equal protection and serves no legitimate state interest,” said Equality California board member David Codell, who provides pro bono legal representation to Equality California on marriage-related issues. “We agree with the majority of the judges of the 9th Circuit that there was no need to rehear this case because the decision to strike down Proposition 8 rested on solid constitutional principles.” Prop 8 is one of a number of cases involving gay marriage winding through federal courts. Federal judges in Massachusetts and California have in recent weeks declared the Defense of Marriage Act, or DOMA, the federal law that defines marriage as the legal union of one man and one woman, unconstitutional. Appeals court: Denying federal benefits to same-sex couples is unconstitutional Six states and the District of Columbia allow same-sex marriage, while 31 states have constitutional amendments that effectively ban gay marriage (this tally does not include California). Maryland and Washington have same-sex marriage statutes passed earlier this year that have yet to take effect and will likely be challenged by ballot referendums in November. The Defense of Marriage Act, which denies federal benefits to same-sex couples, was declared unconstitutional Thursday. NBC's Matt Lauer reports. Nationwide, a Gallup poll released in May revealed that 50 percent of Americans say same-sex marriage should be legal, compared with 48 percent opposed. Support for gay marriage fell slightly in that poll from a record high of 53 percent in 2011, the first time a majority of Americans favored gay marriage. President Barack Obama announced in May that he supported same-sex marriage, becoming the first American president to do so. The U.S. Supreme Court would set national precedent if it decided to take the case. Appeals courts have so far declined to rule broadly on whether marriage is a fundamental human right for same-sex couples as well as heterosexuals. The recent federal appeals court ruling in Boston focuses on whether the federal government should follow states' definitions of marriage when determining federal benefits such as Social Security survivor benefits. A federal judge in Oakland struck down portions of DOMA  that have prevented the California Public Employees' Retirement System from extending the insurance to gay spouses and domestic partners. And the three-judge appeals panel ruling in California in February limited itself to Prop 8. California voters in 2008 passed Proposition 8 by 52.24 percent to 47.76 percent, ending a summer of legal same-sex marriage in the state. A federal judge struck down Proposition 8 in 2010, although existing same-sex marriages are on hold pending appeals. More content from msnbc.com and NBC News: Jurors chosen in trial of ex-Penn State assistant coach Sandusky Army policy makes it difficult for solders to get service dogs Public transit ridership rises sharply, advocacy group reports $63.5 million Wisconsin recall is most expensive in state's history One dead, 7 hurt in shooting at Toronto mall Killer's corpse dragged from car, eaten by bear Follow US News on msnbc.com on Twitter and Facebook Media files: 120605-proposition-eight-california-830a.photoblog400.jpg (image/jpeg) getMobileVideo?videoId=47638595

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