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FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl

uscs 1983 and wrongful death under california state law

shared by Nye Frank on 29 Jul 09 - Cached
  • Plaintiffs Teri and Thomas Lewis, Philip Lewis's parents, filed suit in Sacramento County Superior Court against Sacramento County, the Sacramento County Sheriff's Department, and Officer Smith. The Lewises allege a deprivation of their son's Fourteenth Amendment due process rights in violation of 42 U.S.C. S 1983 and wrongful death under California state law. Defendants removed the case to federal court on the basis of federal question jurisdiction and moved for summary judgment on various grounds
  • The district court granted summary judgment in favor of all defendants on the S 1983 claims. The court also granted summary judgment in favor of Smith as to the state causes of action. The court denied summary judgment as to the pendent state law causes of action against the County and the Sheriff's department, dismissing those claims without prejudice. The district court's decisions are summarized below.
  • We review de novo the district court's grant of summary judgment. We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. We do not weigh the evidence or determine the truth of the matter but only determine whether there is a genuine issue of fact for trial. Jesinger, 24 F.3d at 1130
  • ...3 more annotations...
  • First, the district court assumed, without deciding, that Officer Smith had violated Lewis's constitutional rights. The court then addressed Smith's claim to qualified immunity. The court stated that plaintiffs had not presented, and it could not find, any "state or federal opinion published before May, 1990, when the alleged misconduct took place, that supports plaintiffs' view that they have a Fourteenth Amendment substantive due process right in the context of high speed police pursuits." The court therefore found that the law regarding Lewis's Fourteenth Amendment right to life and personal security was not clearly established and granted summary judgment in favor of Officer Smith on qualified immunity grounds.
  • Because the court dismissed all federal claims, it declined to decide whether the county and the sheriff's department were also immune under California law. The court then dismissed without prejudice the state claims against the county and sheriff's department to allow plaintiffs to file those claims in state court.
  • To sustain a S 1983 civil rights action, a plaintiff must show "(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that [such] conduct deprived the plaintiff of a federal constitutional or statutory right." 2 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989), cert. denied, 498 U.S. 938 (1990). Here, it is undisputed that defendants were acting under color of state law. At issue here is whether Officer Smith, the Sacramento County Sheriff's Department, or Sacramento County engaged in conduct that deprived Lewis of a federally protected right. The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989))
  • Nye Frank on 29 Jul 09
     
    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
Nye Frank

victim funds, unclaimed fundsDepartment of Justice, State of Oregon - Attorney General ... - 0 views

www.doj.state.or.us/...summary.shtml

unclaimed funds victim investigations rules board supervisors duty

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    FOURTH QUESTION PRESENTED Must boards disclose investigative information that they receive from police agencies? SHORT ANSWER Investigative information that a board receives from a police agency is not "privileged" or "confidential" under ORS 676.175(3) and boards must disclose that information if it was obtained in the investigation of the allegations in the notice and if no other exception applies
  • Nye Frank on 22 Apr 09
     
    unclaimed funds, County can use for other county exspenses, such as victim funds
  • Nye Frank on 22 Apr 09
     
    The fundamental barrier to applying that privilege to information obtained in board investigations is that board investigations are not conducted "for the purpose of facilitating the rendition of professional legal services to the client." ORS 676.165 provides, in relevant part: (1) Upon receipt of a complaint by any person against a licensee or applicant, a health professional regulatory board shall assign one or more persons to act as investigator of the complaint. (2) The investigator shall collect evidence and interview witnesses and shall make a report to the board. The investigator shall have all investigatory powers possessed by the board. (3) The report to the board shall describe the evidence gathered, the results of witness interviews and any other information considered in preparing the report of the investigator. The investigator shall consider, and include in the report, any disciplinary history of the licensee or applicant with the board. That statute vests authority to direct investigations into complaints about licensees or applicants in boards, not the attorney general's office. It also clarifies that board investigations are not conducted "for the purpose of facilitating the rendition of professional legal services," but to carry out the boards' statutorily-mandated duty to investigate the complaints it receives. Nor do we believe that substituting an investigator from the Department of Justice for an investigator employed by the board to carry out the investigation would alter the statutory purpose of such investigations and render them to be "for the purpose of facilitating the rendition of professional legal services."
Nye Frank

People who bookmarked http://www.nlada.org/News/News_Education also bookmarked | Diigo - 0 views

www.diigo.com/reader_bookmarks

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    11 Chapter II Victim assistance programmes Goal: The goal of a victim assistance programme is to assist victims in dealing with emotional trauma, participating in the criminal justice process, obtaining reparation and coping with problems associated with the victimization. Objectives: The objectives of the programme are to do the following: (a) To increase the commitment of Governments and organizations to do everything possible to assist victims; (b) To increase the range and availability of services for victims from the time of the victimization and throughout the aftermath; (c) To expand the victim's opportunity to participate at all critical stages of the criminal justice process and to ensure consideration of the impact of the victimization upon the victim in all criminal justice systems and international tribunals; (d) To increase coordination and networking of all appropriate agencies, organizations, groups and families, and kinship and community support systems providing services to victims or affecting the treatment of victims in order to develop an integrated system of victim assistance; (e) To improve the quality of outreach to victims in need and their treatment; (f) To be aware of the unique needs of underserved or new victim populations.
Nye Frank

U.S. Code - 0 views

law2.house.gov/...fastweb.exe

shared by Nye Frank on 21 Apr 09 - Cached
  • Grant amounts under this section may not be used to bring a cause of action for damages. (c) False Claims Act
    • Nye Frank
      Nye Frank on 21 Apr 09
       
      victim funds
Nye Frank

LADA Victim Impact Program - 0 views

da.co.la.ca.us/vip.htm

elder crime victims vip courts La

shared by Nye Frank on 24 Apr 09 - Cached
  • Nye Frank on 24 Apr 09
     
    VIP We in law enforcement have a special obligation to the most vulnerable of crime victims. Those who have suffered life-devastating crimes - elder abuse, sexual assault, stalking, family violence and hate crime - should be treated with dignity and supported. They deserve all the compassion and protection that we in the criminal justice system can provide. To ensure that the victims of these highly traumatic crimes are given the best possible treatment, the District Attorney's Office has established the Victim Impact Program (VIP). This program places specially trained prosecutors in Branch and Area offices throughout the county to specifically deal with these types of cases. This bolsters the offices vertical prosecution efforts, ensuring that one prosecutor handles these cases from start to finish. Under VIP, law enforcement also benefits. Investigators present their cases directly to a VIP coordinator, who assigns each to a specially trained prosecutor and oversees their handling. This assures expert treatment from beginning to end.
Nye Frank

SurfWax: News, Reviews and Articles On Civil Action - 0 views

www.lawkt.com/...Civil_Action.html

shared by Nye Frank on 24 Apr 09 - Cached
  • Nye Frank on 24 Apr 09
     
    Negligent property owners may face criminal action Apr 1, 2009 Negligent county property owners that ignore or refuse requests from the Calloway County Property Protection Board to take action to alleviate dangerous conditions on their land may face criminal as well as civil action soon ... The Calloway County Property Protection Board is charged with contacting owners of property that present a danger to the public because of the physical condition of their property and taking civil action if necessary. (Murray Ledger & Times, KY) http://www.lawkt.com/files/Civil_Action.html
  • Nye Frank on 24 Apr 09
     
    Disabled-Access Lawsuit Called 'Extortion' Mar 28, 2009 -- A local attorney who's filed hundreds of nearly identical lawsuits over handicapped access is being called an extortionist for his latest civil action. Scott Johnson, a quadriplegic, is suing Conover Auto Repair for not having proper parking. (KCRA 3, CA)
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