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FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl 1983 indifference minimum in standard case
shared by Nye Frank on 29 Jul 09 - Cached
  • 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 righ
  • F.2d 272 (6th Cir. 1990) (noting that the Supreme Court's reasoning in Tennessee v. Garner, 471 U.S. 1 (1985), likely "preserve[d] Fourteenth Amendment substantive due process analysis for those instances in which a free citizen is denied his or her constitutional right to life through means other than a law enforcement official's arrest, investigatory stop or other seizure"), cert. denied, 498 U.S. 851 (1990).
  • But when a law enforcement officer arbitrarily acts to deprive a person of life and personal security in the course of pursuing his official duties, constitutional due process rights may be implicated. Daniels, 474 U.S. at 331 ("The touchstone of due process is protection of the individual against arbitrary action of government."). Section 1983 "contains no state-of-mind requirement independent of that necessary to state a violation of the underlying constitutional right." Daniels, 474 U.S. at 330 . See Daniels, 474 U.S. at 330 . The underlying constitutional rights at issue here are substantive due process rights to life and liberty or personal security. In Daniels, the Supreme Court held that where an official's or government entity's conduct constitutes mere negligence, no substantive due process violation occurs. Daniels, 474 U.S. at 328 . Daniels expressly left open the question whether something less than intentional conduct such as recklessness or gross negligence would suffice "to trigger the protections of the Due Process Clause." Id. at 334 n.3. But in City of Canton v. Harris, 489 U.S. 378 (1989), the Court held that nonintentional government conduct can violate the Due Process Clause and thus lead to S 1983 liability. City of Canton held that a municipality may be liable for a failure to train its employees when such failure demonstrates "deliberate indifference to rights of persons with whom police come into contact." Id. at 388.
  • ...9 more annotations...
  • Five circuits have addressed S 1983 liability in the context of high-speed pursuits. These circuits have applied various labels to the standard of conduct that may lead to liability. See, e.g., Fagan v. City of Vineland, 22 F.3d 1296 (3rd Cir. 1994) (en banc) (overruling previous reckless indifference standard and adopting shocks the conscience standard); Medina v. City and County of Denver, 960 F.2d 1493, 1496 (10th Cir. 1992) (reckless disregard); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 723 (4th Cir. 1991) (shocks the conscience), cert. denied, 502 U.S. 1095 (1992); Roach v. City of Fredericktown, 882 F.2d 294, 297 (8th Cir. 1989) (holding gross negligence insufficient but not stating what standard should be applied); Jones v. Sherrill, 827 F.2d 1102, 1106 (6th Cir. 1987) (holding gross negligence or outrageous conduct sufficient in some circumstances). 4
  • In one such due process case, we held that either "gross negligence, recklessness, or `deliberate indifference'" was sufficient to state a substantive due process violation. Wood v. Ostrander, 851 F.2d 1212, 1214 (9th Cir. 1988) ("Wood
  • I"), reh'g granted and opinion modified by, 879 F.2d 583 (9th Cir. 1989) ("Wood II"), cert. denied, 498 U.S. 938 (1990). Relying on the standard set out in Wood I, we later held that "grossly negligent or reckless official conduct that infringes upon an interest protected by the Due Process Clause is actionable under S 1983." Fargo v. City of San Juan Bautista, 857 F.2d 638 (9th Cir. 1988). But Fargo's grossly negligent standard was explicitly based on Wood I, which was modified on rehearing and superseded by Wood II. In Wood II, we stepped back from the grossly negligent standard. We noted that an intervening Supreme Court decision, City of Canton, 489 U.S. 378 , had called into question this standard as set forth in Wood I and Fargo. Wood II, 879 F.2d at 588.
  • In Fargo, we defined gross negligence as "`more than ordinary inadvertence or inattention, but less perhaps than conscious indifference to the consequences.'" Fargo, 857 F.2d at 641 (quoting W. Page Keeton et al., Prosser and Keeton on the Law of Torts S 34, at 212 (5th ed. 1984)). We also noted that an officer's state of mind is not an issue in a claim based on gross negligence, "although the contrary may be true where the claim involves recklessness." Id. at 642. Although we declined to decide whether an innocent state of mind would negate recklessness or "whether recklessness may be presumed conclusively from conduct," we did note that recklessness and deliberate indifference are equivalent in the sense that they both generally refer to conduct involving "a `conscious disregard' of public safety." Id. at 642 n.7. We also said that, "where state officials have notice of the possibility of harm, `negligence can rise to the level of deliberate indifference to or reckless disregard for' the victim." Id. (quoting Davidson v. Cannon, 474 U.S. 344, 357 (1986) (Blackmun, J., dissenting)). Because we concluded that a triable issue of fact remained as to whether the police officer's conduct might have been grossly negligent, we found it unnecessary to determine whether the officer's conduct might have risen to the more culpable standard of recklessness. Id. at 643
  • In Wood II, we redefined the standard forS 1983 substantive due process violations by police officers. As explained above, we recognized that the Supreme Court's decision in City of Canton, 489 U.S. 378 , had called into question our decisions in Wood I and Fargo that gross negligence was sufficient. Wood II, 879 F.2d at 588. Analyzing the facts in Wood under City of Canton's deliberate indifference standard, we concluded that there remained a genuine issue of material fact as to whether the police officer in Wood had been deliberately indifferent to the plaintiff's interest in her personal security. Id. at 588.
  • Wood II makes clear that, in this circuit, an officer can be held liable for a S 1983 claim if that officer's conduct is delib erately indifferent to or in reckless disregard of a person's right to life and personal security.
  • Here, plaintiffs have alleged that Officer Smith violated the Sacramento County Sheriff's Department General Order regarding pursuits ("General Order")6 by instituting and then continuing the pursuit even when a reasonable officer would have known that to do so was in reckless disregard of Lewis's and Willard's safety. A violation of police procedures is relevant to determine whether a substantive due process violation has occurred. Fargo, 857 F.2d at 642. Police procedures are designed, in part, to guide officers when they engage in conduct that poses a serious risk of harm to either a suspect or to the general public. See id.
  • The General Order requires an officer to communicate his intention to pursue a vehicle to the sheriff's department dispatch center. But defendants concede that Smith did not contact the dispatch center. The General Order requires an officer to consider whether the seriousness of the offense warrants a chase at speeds in excess of the posted limit. But here, the only apparent "offense" was the boys' refusal to stop when another officer told them to do so. The General Order requires an officer to consider whether the need for apprehension justifies the pursuit under existing conditions. Yet Smith apparently only "needed" to apprehend the boys because they refused to stop. The General Order requires an officer to consider whether the pursuit presents unreasonable hazards to life and property. But taking the facts here in the light most favorable to plaintiffs, there existed an unreasonable hazard to Lewis's and Willard's lives. The General Order also directs an officer to discontinue a pursuit when the hazards of continuing outweigh the benefits of immediate apprehension. But here, there was no apparent danger involved in permitting the boys to escape. There certainly was risk of harm to others in continuing the pursuit.
  • In City of Canton the Supreme Court held that deliberate indifference was the minimum standard of culpability necessary to maintain a S 1983 due process action against a municipality for a policy or custom of inadequate training of police officers. City of Canton, 489 U.S. at 388 . The Court reasoned that a municipality's inadequate training of its employees can only constitute a "policy or custom" when such inadequate training "evidences a `deliberate indifference' to the rights of its inhabitants." Id. at 389. But the Court also specified that the deliberate indifference standard "does not turn upon the degree of fault (if any) that a plaintiff must show to make out an underlying claim of a constitutional violation." Id. at 388 n.8. City of Canton thus did not explicitly overrule our decisions in either Wood I or Fargo because they involved claims of substantive due process violations against individual police officers.
  • Nye Frank on 29 Jul 09
     
    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)).
  • ...1 more comment...
  • Nye Frank on 29 Jul 09
     
    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
     
    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
     
    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)).
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Statutory Protection of Older Persons - Accidents and Injuries - 0 views

injury.findlaw.com/...utory-protection-of-elder.html elder statutory laws
shared by Nye Frank on 29 Jul 09 - Cached
  • 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.
  • 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
  • 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 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 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
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http://www.cops.usdoj.gov/files/RIC/Publications/promoting%20effective%20homicide%20inv... - 0 views

www.cops.usdoj.gov/...0homicide%20investigations.txt homicide exceptional close case clearance 20homicide 20effective
shared by Nye Frank on 02 Aug 09 - Cached
  • Nye Frank on 02 Aug 09
     
    6 - Chapter 1. Introduction Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi
  • Nye Frank on 02 Aug 09
     
    6 - Chapter 1. Introduction Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi

What You Need to Know about where to find a notary - 1 views

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What You Need to Know about where to get notarized - 1 views

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What are Online Notary Services? - 3 views

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Notary search - 4 views

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related:http://www.jaapl.org/cgi/content/full/35/4/537 - Google Search - 0 views

www.google.com/search ada legislation courts law Riverside County DA Rod Pacheco lee frank nye
shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
     
    Lee Frank a 74 year old woman in Riverside County who witnessed her 68 year old husband killed by a 27 year old who seemed to be high on drugs or something. The young guys dad states his friend high up in da office told him how to get out of this. The 27 year old tells the sheriff on the video how he attacked Nye with judo moves. Ty Reddish was let out in 24 hours even though he was on probation and just killed someone. He and his parents stalked Lee Frank for 2 years now. Rod Pacheco knows Lee Frank cannot afford to enforce her rights. He has violated her rights with zero accountability. Please speak up for Lee Frank Riveriside County. Google Nye Frank Racing on You tube you can see pictures and audio, video.
  • Nye Frank on 29 Jul 09
     
    Lee Frank a 74 year old woman in Riverside County who witnessed her 68 year old husband killed by a 27 year old who seemed to be high on drugs or something. The young guys dad states his friend high up in da office told him how to get out of this. The 27 year old tells the sheriff on the video how he attacked Nye with judo moves. Ty Reddish was let out in 24 hours even though he was on probation and just killed someone. He and his parents stalked Lee Frank for 2 years now. Rod Pacheco knows Lee Frank cannot afford to enforce her rights. He has violated her rights with zero accountability. Please speak up for Lee Frank Riveriside County. Google Nye Frank Racing on You tube you can see pictures and audio, video.

Vehicle Tracking for Business - 1 views

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Department of Justice guidelines state that "A law enforcement agency clears a crime by... - 0 views

message.diigo.com/...n-at-least-one-person-is-arres homicide closure exceptional administratively
shared by Nye Frank on 08 Mar 09 - No Cached
  • Nye Frank on 08 Mar 09
     
    In defining case closure, often referred to as case "clearance," the U.S. Department of Justice's Bureau of Justice Statistics has stated that "Law enforcement agencies clear or solve an offense when at least one person is arrested, charged with the commission of the offense, and turned over to the court for prosecution." In addition, cases can be closed through "exceptional" means -- which are often referred to as "administrative" case closures. Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender. In such circumstances, law enforcement must have identified the offender, possess enough evidence to support arrest, and identify the offender's location." Some of the circumstances that may permit exceptional clearances include the death of the offender; the victim's refusal to cooperate with the prosecution after the offender has been identified; the arrest or imprisonment of the offender due to another crime or crimes; or the offender's flight to another jurisdiction where extradition is not possible.[ Reply ] [ Edit ] « Back to Inbox [ Invite Others to this Conversation ] 1 - 1 of 1 ActionsInvite Others to this Conversation Leave This Conversation Message Propagation Path Initiated by Nye Frank People in this conversation (1)Nye Frank Diigo - Highlight and Share the Web!About Diigo| Help| User Forum| Blog| Tools| Contact| Terms of Service| Privacy| © Diigo Inc 2008 -- User-posted content, unless source quoted, is licensed under a Creative Commons Public Domain License
  • Nye Frank on 08 Mar 09
     
    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
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prosecuting the prosecutors misconduct - Google Scholar - 0 views

scholar.google.com/scholar
shared by Nye Frank on 07 Mar 09 - Cached
  • Nye Frank on 07 Mar 09
     
    Scholar All articles - Recent articles Results 1 - 10 of about 4,890 for prosecuting the prosecutors misconduct . ( 0.09 seconds) Prosecuting Police Misconduct : Reflections on the Role of the US Civil Rights Division A Agathocleous - 1998 - ncjrs.gov ... to say about the nature of police misconduct and about strategies prosecutors can employ ... The focus is on the Federal role in prosecuting police misconduct ... Cited by 4 - Related articles - Cached - Web Search - Library Search - All 2 versions [BOOK] The Japanese way of justice: prosecuting crime in Japan DT Johnson - 2001 - books.google.com ... authority and discre- tion than has an American prosecuting attorney. ... prosecutors in Japan seem to engage in less misconduct than prosecutors in America ... Cited by 34 - Related articles - Web Search - Library Search - BL Direct - All 3 versions Violated trust: Conceptualizing prosecutorial misconduct H Schoenfeld - Journal of Contemporary Criminal Justice, 2005 - ccj.sagepub.com ... Criminal sanctions for misconduct are practically nonexistent ... initiating criminal proceedings against prosecutors , yet doing ... tanta- mount to prosecuting one of ... Cited by 7 - Related articles - Web Search - BL Direct - All 2 versions The ethical prosecutor's misconduct RN Jonakait - Criminal Law Bulletin, 1987 - ncjrs.gov ... of prosecutorial misconduct . Instead, the forces that impel it exist in routine cases for ordinary prosecutors . (Author abstract). Main Term(s): Prosecuting ... Cited by 2 - Related articles - Cached - Web Search Courtroom Misconduct by Prosecutors and Tri
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Superior Court of California, County of Riverside - Powered by Google Docs - 0 views

docs.google.com/gview County Protective person package riverside Corruption
shared by Nye Frank on 04 Aug 09 - No Cached
  • Nye Frank on 04 Aug 09
     
    DA staff, DA victims advocate entire staff including manager, prosecutor, sheriff department, Court records, probation department, zero help from Attorney General, Fire Department, Internal affairs. The more corrupt they got promoted. Mike Rushton who was a homicide detective denied investigation, called a 40 year gap, elder zero history of fighting mutual combat, denied victims funds got promoted to a judge. The prosecutor (and head homicide) detective that the father of the killer tells how he got help high up in DA office also got promoted. Now in San Bernardino with the attorney that transfered a elders property to a friend of hers (maybe family???) instead of the elders child. She became trustee after his death it looks like on the title records and the deed is not his signature. What a team these two can make to prevent justice. Ty Reddish was on summary probation I asked the DA office to let the judge know. They did not do it so I wrote the head judge and asked to go to Ty Reddish probation hearing. He waited till afterwards and said we have to ask the DA. When there is zero oversight you get corruption just like we have. My mom and I have been denied all rights, services, even had the DA steal from my mom in keeping the Victims compensation . The Riverside County Supervisors looks like on web that they keep the money 3 years then claim it as unclaimed funds. That is not the purpose of the funds but there is no oversight. My dad was a famous race car builder and had a very good contract to build 3 off road pro trucks. Rod Pacheco was recently in news with it saying one of his promoters using elder funds for Rod Pacheco. The San Bernardino Care program is known for corruption and did not provide services for Nye who was 68. The killer of my dad stayed in jail 24 hours. He came out and stalked us and our neighbors with his family. The temp judge car seen there in the evenings. No criminal case number so I could not even start a lawsuit. After seeing how bad
  • Nye Frank on 04 Aug 09
     
    Do not count on authorities to help in Elder Abuse. Help your family members by educating yourself and teaching the neighbors how to watch out for each other. My dad was killed in front of my mom in Riverside County. Systemic Corruption is not a big enough statement.
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Officer Liability -- State Law Torts and the FTCA (podcast transcript) - Federal Law En... - 0 views

209.85.173.132/search
shared by Nye Frank on 16 Apr 09 - Cached
  • Miller:    Who’s considered a law enforcement officer for purposes of the Federal Tort Claims Act? Solari:    A law enforcement officer for purposes of the FTCA is anyone who can make arrests for violations of federal law, or seize evidence, or execute seizures.  If you qualify, then Uncle Sam will pay for intentional torts like assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process if those torts were committed while within scope.  Limiting that intentional tort provision to law enforcement officers makes sense, if you think about it.  The federal government asks its law enforcement officers to arrest people, conduct searches, and seize evidence.  And as we know, that often involves doing things like grabbing people, knocking them down, hitting them with an ASP… whatever.  So you’d expect law enforcement officers to be doing things that look like intentional torts.  On the other hand, you know, a person who gives out checks at the social security office shouldn’t be grabbing anybody or knocking them down, or hitting them with sticks.  Uncle Sam just doesn’t ask them to do that, so the federal government’s not going to pay when they do.
    • Nye Frank
      Nye Frank on 16 Apr 09
       
      A law enforcement officer for purposes of the FTCA is anyone who can make arrests for violations of federal law, or seize evidence, or execute seizures. If you qualify, then Uncle Sam will pay for intentional torts like assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process if those torts were committed while within scope. Limiting that intentional tort provision to law enforcement officers makes sense, if you think about it. The federal government asks its law enforcement officers to arrest people, conduct searches, and seize evidence. And as we know, that often involves doing things like grabbing people, knocking them down, hitting them with an ASP… whatever. So you'd expect law enforcement officers to be doing things that look like intentional torts. On the other hand, you know, a person who gives out checks at the social security office shouldn't be grabbing anybody or knocking them down, or hitting them with sticks. Uncle Sam just doesn't ask them to do that, so the federal government's not going to pay when they do.
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In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the Federa... - 0 views

searchjustice.usdoj.gov/search tort cal. 14th pro bono crime victims
shared by Nye Frank on 15 Apr 09 - Cached
  • Nye Frank on 15 Apr 09
     
    Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions to victimization
  • ...8 more comments...
  • Nye Frank on 15 Apr 09
     
    violence victims that are set forth in its Domestic Abuse Code. VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #22 Victims of crime should have rights at administrative proceedings, including the right to have a person of their choice accompany them to the proceedings, the right to input regarding the sanction, and the right to notification of the sanction. Agencies and institutions that seek to hold their employees or students accountable for their alleged criminal or negligent behavior often do so through administrative proceedings, including disciplinary hearings on college campuses in sexual assault cases and other crimes that violate college rules. Governmental and private sector organizations also conduct administrative hearings when an employee is accused of misconduct, which sometimes also constitutes a criminal act. These hearings are held to determine whether an employee or student should be dismissed or sanctioned. Victims often complain about their lack of rights and protections at these hearings. For example, at disciplinary hearings on college campuses and in schools, as well as administrative proceedings when criminal justice personnel are accused of conduct violations, victims are frequently not allowed such fundamental rights as the right to be accompanied by a person of their choice and the right to submit a victim impact statement before the offender is sanctioned.Agencies and institutions should review their disciplinary codes and ensure that From tribal police intervention to tribal court proceedings, the victims of violent crime in Indian country must have rights available to them. They must be informed of their rights, encouraged to exercise their rights, and be protected from further harm. This is the basic responsibility of a tribal criminal justice system. Joseph Myers, Executive Director, National Indian Justice Center In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the
  • Nye Frank on 15 Apr 09
     
    * Substantial numbers of victims in states with both strong and weak protection were not notified of other important rights and services, including the right to be heard at bond hearings, the right to be informed about protection against harassment and intimidation, and the right to discuss the case with the prosecutor.44
  • Nye Frank on 15 Apr 09
     
    While the majority of states mandate advance notice to crime victims of criminal proceedings and pretrial release, many have not implemented mechanisms to make such notice a reality.
  • Nye Frank on 15 Apr 09
     
    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #6 Victims and witnesses of crime should have the right to reasonable protection, including protection from intimidation. The safety of victims and witnesses should be considered in determining whether offenders should be released from custody prior to completing their full sentence. The right to protection from intimidation, harassment, and retaliation by offenders and the accused is becoming a major focus of public and law enforcement attention. Justice officials report an increase in the harassment and intimidation of witnesses, making it increasingly difficult to obtain convictions because crime victims and witnesses are afraid to testify.63 Legislatures have attempted to address this problem by mandating "no contact" orders as a condition of pretrial or posttrial release. In addition, victims' bills of rights generally require victims to be notified at the outset of the judicial process about legal action they can take to protect themselves from harassment and intimidation.
  • Nye Frank on 15 Apr 09
     
    Congress made restitution mandatory in federal criminal cases involving violent crimes with the enactment of the Mandatory Victim Restitution Act,Title II of the Antiterrorism and Effective Death Penalty Act.73
  • Nye Frank on 15 Apr 09
     
    All crime victims should have the right to a full range of services and support to help them recover physically, psychologically, and in practical ways from the effects of crime, whether or not they report the crime or become involved in related criminal prosecutions or juvenile adjudications. In the aftermath of victimization, victims may have many different needs.Victims who report crime need information, assistance and protection when they choose to participate in the criminal and juvenile justice process. Not only should victims have the right to be heard or consulted in decisions that affect them, but they should receive protection if they are witnesses and transportation to and from legal proceedings.
  • Nye Frank on 15 Apr 09
     
    Victims should have standing to enforce their rights, and sanctions should be applied to criminal and juvenile justice professionals who deny victims their fundamental rights
  • Nye Frank on 15 Apr 09
     
    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #19 States and the federal government should create compliance enforcement programs, sometimes referred to as victim ombudsman programs, to help facilitate the implementation of victims' rights. 29 Chapter 1: Victims' Rights State victims' rights compliance enforcement programs oversee justice officials' and agencies' compliance with crime victims' statutory and constitutional rights and investigate crime victim complaints relevant to those rights being violated.93 A few states have created such programs within an existing agency or have established a new, statelevel oversight authority. In initiating such a program, officials should consider the importance of meaningful remedies and sanctions for noncompliance with victims' rights laws; and ensure that victims, victim service providers, advocacy groups, and victim-sensitive justice professionals are involved in the program planning process. In addition, justice agencies should consider increasing crime or court surcharges to support a compliance enforcement functions, and should evaluate overall compliance enforcement system. Innovative approaches to victims' rights oversight have been implemented in several states: * The Minnesota Office of the Crime Victims Ombudsman (OCVO) protects the rights of victims by investigating statutory violations of victims' rights laws and mistreatment by criminal justice practitioners. OCVO is authorized to initiate its own investigation of alleged violations, recommend corrective action, and make its findings public to both the legislature and the press. * The South Carolina Office of the Crime Victims' Ombudsman is empowered to act as a referral entity for victims in need of services, a liaison between victims and the criminal and juvenile justice systems in the course of their interaction, and a resolver of complaints made by victims against elements of those systems and against victim assistance programs. In
  • Nye Frank on 15 Apr 09
     
    The Supreme Court in Owen undertook a textual analysis. By the Court's methodology, broad statutory language -- coupled with silence on the subject of privileges, immunities, and defenses -- means that municipalities are liable in federal court for civil rights violations. Owen, 100 S.Ct. at 1407. Its [the statute's] language is absolute and unqualified; no mention is made of any privileges, immunities, or defenses that may be asserted. Rather, the Act [§ 1983] imposes liability upon "every person" who, under color of state law or custom, "subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities of the Constitution and laws." And Monell [supra] held that these words were intended to encompass municipal corporations as well as natural "persons."
  • Nye Frank on 15 Apr 09
     
    Seminole notwithstanding, these cases do not support the conclusion that a city is immune from suit under federal statutes. To the contrary, the Court has clearly established that municipalities can be amenable to civil rights suits in federal court. Owen, 100 S.Ct. at 1407; Monell, 98 S.Ct. at 2035- 2036; Mt. Healthy, 97 S.Ct. at 572. See also Howlett v. Rose, 110 S.Ct. 2430, 2444 (1990) (holding that "Federal law makes governmental defendants that are not arms of the State, such as municipalities, liable for their constitutional violations," but acknowledging that the state and its arms are immune from the reach of § 1983).
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Reinforcing the "blue wall of silence" - Why recent court decisions involving two whist... - 0 views

209.85.173.132/search homicide Riverside County Sheriff
shared by Nye Frank on 05 Apr 09 - Cached
  • Nye Frank on 05 Apr 09
     
    Dawn 10/24/2008 - 11:13am Riverside County Sheriff, Coroner, DA Rod Pacheco, the fire department all participated in a cover up. Even Victims Advocate in DA office lied and said there was not a elders advocate in the county. A 68 year old Senior Nye Frank was attacked by a 27 year old man. Ty Reddish has had professional wrestling training, adult base ball pitcher and a history of combative behavior. Sheriff originally told us not investigating because no injuries and it was a heart attack. We asked to meet with coroner and made a apppointment. To our surprise Special Investigator showed up and a Sargent from the Homicide investigation department. We had tried calling them for weeks. They would not let us talk to the pathologist, and would not take statments of other recent combative incidences of Ty Reddish with others living nearby. They would not release the sheriff report or autopsy. Finally with help of a National victims advocate and another call from a special investigator(they investigate misconduct} internal affairs stepped in to make the DA office release the reports. The day befor our family was told of the release a news paper guy from Press Enterprise called us . He said he felt we had a story. He informed us he had a copy of the autopsy. We were surprised as we were working actively to get one. We requested him to fax it to us . We met with him, told him our side. But he put in the newspaper front page 5 months after incident that it was a heart attack (autopsy says no heart attack) and a fist fight when only one person hit. DA prosecutor threatened to arrest 72 year old wife if we pursued the case. She was allowed to close the case as exceptional and moved from the Riverside County DA to San Bernardino. During a conversation with newsman he admitted prosecutor Daima Calhoun was his girl friends roommate. The corner has homicide with natural c
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Search Results - THOMAS (Library of Congress) - 0 views

thomas.loc.gov/thomas probation legislative elder law in hearings legislation research congress
shared by Nye Frank on 29 Jul 09 - Cached
  • 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse, and for other purposes.Sponsor: Rep Sestak, Joe [PA-7] (introduced 1/9/2009)      Cosponsors (5) Committees: House Judiciary; Senate Judiciary Latest Major Action: 2/12/2009 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • Nye Frank on 29 Jul 09
     
    The Library of Congress > THOMAS Home > Bills, Resolutions > Search Results THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display Limited To: DATES FROM 01/01/2007-01/01/2010 31 Bills from the 111th Congress ranked by relevance on "probation " . 31 bills containing your phrase (or variants of its words) in the same order . Listing of 31 bills containing your phrase (or variants of its words) in the same order . 1 . CAN DO Act of 2009 (Introduced in House) [H.R.1303.IH] 2 . Ex-Offenders Voting Rights Act of 2009 (Introduced in House) [H.R.59.IH] 3 . MEGA (Introduced in House) [H.R.330.IH] 4 . Whereas there are approximately three million Americans employed within the justice system; (Engrossed as Agreed to or Passed by House) [H.RES.45.EH] 5 . SERV Act (Introduced in Senate) [S.902.IS] 6 . SERV Act (Introduced in House) [H.R.2138.IH] 7 . Whereas there are approximately three million Americans employed within the justice system; (Introduced in House) [H.RES.45.IH] 8 . Safeguarding America's Seniors and Veterans Act of 2009 (Introduced in House) [H.R.746.IH] 9 . Managing Arson Through Criminal History (MATCH) Act of 2009 (Introduced in House) [H.R.1727.IH] 10 . Calling on the Government of Vietnam to release from prison, end the detention without trial, and cease the harassment and house arrest of the people who signed the Manifesto on Freedom... (Introduced in House) [H.RES.334.IH] 11 . Expressing the sense of the House of Representatives that the President of the United States should not issue pardons to senior members of his administration during the final 90 days... (Introduced in House) [H.RES.9.IH] 12 . National Criminal Justice Commission Act of 2009 (Introduced in Senate
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1 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION PETER JOSE SMITH... - 0 views

209.85.173.132/search summary judgement tort
shared by Nye Frank on 21 Apr 09 - Cached
  • Nye Frank on 21 Apr 09
     
    III. SUMMARY JUDGMENT STANDARDSummary judgment is proper if the moving party can demonstrate that there is no genuineissue of material fact and it is entitled to judgment as a matter of law. In considering whether5genuine issues of material fact exist, the Court determines whether a reasonable jury could returna verdict for the nonmoving party in the face of all the evidence presented. The Court is required6to construe all facts and reasonable inferences in the light most favorable to the nonmoving party.
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What a tangled web they weave...(in Riverside) - Why We Protest | Activism Forum - 0 views

forums.whyweprotest.net/...web-they-weave-riverside-43714 Rod Pacheco Staff Riverside County DA Supervisors
shared by Nye Frank on 17 May 09 - Cached
  • Friends and foes agree that Pacheco can be charming, eloquent and quick-witted and, when he feels challenged, can become cold, vindictive and bombastic. The result is a climate of fear among Inland politicians, a number of whom refused to be quoted in this article and others who would not speak to reporters at all.
  • Supervisor
  • Nye Frank on 17 May 09
     
    The tangled web they weave: 1. RivCo DA Rod Pacheco and RivCo Supervisor Jeff Stone are very loyal to one another. 2. Stone's son, Jason, is a Riverside County Deputy District Attorney which makes Pacheco his boss. 3. Sheriff Sniff was endorsed by Stone and Pacheco. 4. Sheriff Sniff's wife works in the District Attorney's office which also makes Pacheco her boss. 5. Samuel Alhadeff and BOTH of his attorney firms have contributed significant amounts of money to Pacheco's election campaigns.** (**This info is available by clicking the italicized Excel spreadsheet at the end of the story.) Sorta makes one wonder how deep this rabbit holes goes...?
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victim restitution funds, victims right to jury trial if denied - Google Search - 0 views

www.google.com/search right to jury trial for victim funds
shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    Results 1 - 10 of about 6,840 for victim restitution funds , victims right to jury trial if denied . ( 0.43 seconds) Did you mean: victim restitution funds, victims right to jury trial is denied Search Results [DOC] Chapter 3 - 6 visits - Apr 21 File Format: Microsoft Word - View as HTML It reminds the judge, jury, court personnel, and parole boards of the real ..... Restitution is the oldest victim right. The concept of restitution dates back ..... hearings at which they were denied the opportunity to receive notice, ..... by the Crime Victims Fund, which is administered by the Office for Victims ... https://www.ovcttac.gov/nvaa2008/documents/participants_text/03%20Basic%20 Victims '%20 Right s.doc - Similar pages - [DOC] Draft changes to Ohio Revised Code 2930 & related Victim Rights - 2 visits - Mar 28 File Format: Microsoft Word - View as HTML Oct 1, 2008 ... A few Ohio judges have denied the right of victims to present both an oral and ... 8) Summary - Victims will have the right to restitution through a mandatory ... If a motion is made for modification of a restitution order, ... the Ohio Victim Compensation Fund, that restitution amount shall be paid ... www.ovwa.org/_uploaded/69.doc - Similar pages - [PDF] THE VICTIM IN THE CRIMINAL JUSTICE SYSTEM File Format: PDF/Adobe Acrobat - View as HTML then be communicated to the issuing body (judge or grand jury). ... sentencing, the judge denied victims the right to speak. ... noted earlier, victims controlled the trial of their victimizer, but as the state took on the .... received in crime victim compensation funds. Unlike restitution and compensation ... meetings.abanet.org/webupload/commupload/CR300000/newsletterpubs/ victims report.pdf - Similar pa
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Search Results: elder crime victim in court - 0 views

search.naco.org/search elder crime victim counties
shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    Sort by date / Sort by relevance NACo | Research News ... Adult Protective Services that combats elder abuse by ... prevention program that incorporated victim restitution, offender ... the overall human cost of crime as well ... www.naco.org/.../ContentManagement/ContentDisplay.cfm&ContentID=13470 - 32k - Cached [PDF] Schwarzenegger, Acting Secretary Schwarzenegger, Acting Secretary ... ... It incorporates the Elder Justice Act, a bipartisan bill that has been pending in Congress for years and would provide grants for elder abuse prevention. ... www.naco.org/.../ContentManagement/ContentDisplay.cfm&ContentID=20210 - Text Version [ More results from www.naco.org/CountyNewsTemplate.cfm ] NACo | Legislative Bulletin -- June ... Elder nutrition programs would receive a total of $722 million ... the newly constituted Senate Subcommittee on Crime, Corrections and Victim's Rights ... www.naco.org/.../ContentManagement/ContentDisplay.cfm&ContentID=20773 - 62k - Cached In order to show you the most relevant results, we have omitted some entries very similar to the 3 already displayed. If you like, you can repeat the search with the omitted results included.
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