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Nye Frank

New Directions from the Field: Chapter 16 - 0 views

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    9 See CAL. CIVIL CODE ¤1708.7 and WYO. STAT. ANN. ¤1-1-26. California's law allows victims of stalking to sue perpetrators for punitive damages.
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    Moreover, all 50 states and the District of Columbia have enacted anti-stalking laws, most of which impose criminal sanctions against stalkers. A few state legislatures have also enacted laws that create a civil law tort of stalking allowing victims of stalking to sue perpetrators for monetary damages.9 Finally, many laws have been passed that provide legal recourse for hate-motivated violence based on a victim's race, color, national origin, religion, gender, sexual orientation, disability, or age.10 Recommendations from the Field for Civil Remedies Civil Remedies Recommendation from the Field #1 Crime victims should be fully informed of their legal rights to pursue civil remedies. It is always the victim's decision whether or not to pursue a civil action against a
Nye Frank

California Evidence Code Section 669 - California Attorney Resources - California Laws - 0 views

  • Court Opinions US Supreme Court US Tax Court Board of Patent Appeals State Laws Alabama Arizona California Florida Georgia Illinois Indiana Massachusetts Michigan Nevada New Jersey New York North Carolina Oregon Pennsylvania Texas Virginia Washington US Code Copyrights Crimes Labor Patents Shipping US Constitution Preamble Art. I - Legislative Art. II - Executive Art. III - Judicial Art. IV - States' Relations Art. V - Mode of Amendment Art. VI - Prior Debts Art VII - Ratification California Evidence Code Section 669 Legal Research Home > California Lawyer > Evidence Code > California Evidence Code Section 669 Sponsored Links google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad); google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad); (a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The violation proximately caused death or injury to person or property; (3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and (4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. (b) This presumption may be rebutted by proof that: (1) The person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law; or (2) The person violating the statute, ordinance, or regulation was a child and exercised the degree of care ordinarily exercised by persons of his maturity, intelligence, and capacity under similar circumstances, but the presumption may not be rebutted by such proof if the violation occurred in the course of an activity normally engaged in only by adults and requiring adult qualifications. Section: Previous  660  662  663  664  665  666  667  668  669  669.1  669.5  670  Next Last modified: January 12, 2009 google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad);border: medium none ; margin: 0pt; paddin
Nye Frank

riverside county google local news on prosecutors, sheriff, da - Google Search - 0 views

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    Tip: Save time by hitting the return key instead of clicking on "search" Search Results Important, Please Read!!! Nye Frank!!!! - OFN Forums - 17 visits - Apr 13 I was informed news guy Prosecutor Calhuoun's was his girl friends room mate. ... not to file charges against Reddish. http://www.pe.com/localnews/inland/s...7.27f0ad3.html .... Riverside County Sheriff Audio Recording of Nye Frank Homicide, Phil Reddish ... Nye Frank- Riverside DA ol boys club Homicide coverup ... www.offroadfabnet.com/forums/showthread.php?t=3989 - 117k - Cached - Similar pages - [ Bookmark ] Calif. DA's Investigator, 5 Family Members Found Dead - Topix - 5 visits - 10/8/08 5 posts - 3 authors - Last post: Sep 15, 2008 Local News: Cathedral City, CA ... This comes as news emerges about the retirement of its chief ... "Good prosecutors win their cases, but it takes a great ... Riverside County Sheriff Audio Recording of Nye Frank Homicide, ... http://docs.google.com/Doc... Sheriff Report showing case closed by ... www.topix.com/forum/city/cathedral-city-ca/TRTT5L42RNURTHDMK - 79k - Cached - Similar pages - Riverside County, CA Domestic Violence Attorney Profiles ... - 5:01pm Lawyers Riverside County California - Attorney Profiles Domestic Violence ... years as a reserve Deputy Sheriff with the Los Angeles County Sheriff's Department. ... I also teach a course on homicide investigation at a local community college. I have trained other prosecutors during seminars for the California ... lawyers.law.cornell.edu/lawyers/domestic-violence/california/ riverside - county - 63k - Cached - Similar pages - Riverside County, CA Attorney Profiles - Riverside County ... He has appeared on Good Morning America, CNN, Court TV, Fox News Channel and Public Television. .... He is we
Nye Frank

County of Riverside District Attorney's Office - Press Releases - 0 views

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    Mission Statement About the DA Administration Office Divisions Office Locations Common Questions Employment Opportunities Site Map Meet the DA Accomplishments of the DA Western Division Eastern Division Southwest Division Programs DA Newsletter Press Releases Riverside County Most Wanted Fugitives Marsy's Law Services Available Division of Victim Services Locations Victim Rights Project Victims' Rights Week Victim Impact Statements Reimbursement for Crime Victims Guide to the Criminal Justice System Witness Rights Being a Witness In Court Courthouse Locations Recycled Cell Phones Family Justice Center Locations Riverside Center Southwest Center History of the Bureau Child Recovery Unit Unidad De Recuperación De Menores Riverside County Most Wanted Fugitives Office Locations Employment Opportunities Frequently Asked Questions Child Abduction Resources Successful Recovery Story Preguntas Hechas Con Frecuencia Recursos de Secuestro de Menores Historia de una Recuperacion Exitosa Brochures & Publications Consumer Information Identity Theft Bad Checks Missing Children Megan's Law SAFE Task Force Related Links Gang Injunctions Local Law Enforcement Agencies East Side Riva Barrio Dream Home DA Newsletter Press Releases Opinion Editorials DA Newsletter Press Releases Opinion Editorials For Immediate Release ( print version ) Contact: Ingrid Wyatt Public Information Officer (951) 955-5626 DISTRICT ATTOR
Nye Frank

racingnyefrank: METG Mechanic of the Year 1987 Nye Frank - 0 views

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    * o + nny Thompson, Nye Frank Celebration of his racin... + Elder Home to care giver not family Riverside Coun... + Nye Frank Racing, Homicide of Elder Riverside Coun... + Elder Law Legislated + California law for Elders + Riverside County Civil Rights Denied to Elders + Solve a Problem : Upload failed (unable to convert... + + President-Elect Barack Obama in Chicago + Seniors Civil Rights in America -Martin Luther Kin... + Riverside County Ugly Politics + Riverside County Ugly Politics + Nye Frank + Riverside Coroner, Homicide with Natural Cause of ... + Riverside County DA chief Deputy sealed case for h... + Nye Frank Racing Autos + Race Car Fabricator, builder Nye Frank + Phil Reddish talking to sheriff and Prosecutor, Ny... + Nye Frank, Riverside County Homicide Cover up, is ... + Corruption in Riverside County, courts + Nye Frank, Riverside County Corruption + Riverside County Coroner Report, Rod Pachco, Sniff... + Micheal Jackson's type of Passion for Race Cars + Riverside County, Racing with Passion + Midwestern Mudslinging + Elder Homicide Closed behind Da closed doors, Corr... + Championship Off Road Racing - Intense Moments 200... + Riverside County ol boys club homicide cover up, d... o ► June (11) + Nye Frank Racing-Riverside County homicide cover u... + 27 year old Ty Reddish telling how attacked 68 yea... + 27 year old Ty Reddish telling how attacked 68 yea... + Nye Frank, Riverside County Elder Homicide Cover u...
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    * o + nny Thompson, Nye Frank Celebration of his racin... + Elder Home to care giver not family Riverside Coun... + Nye Frank Racing, Homicide of Elder Riverside Coun... + Elder Law Legislated + California law for Elders + Riverside County Civil Rights Denied to Elders + Solve a Problem : Upload failed (unable to convert... + + President-Elect Barack Obama in Chicago + Seniors Civil Rights in America -Martin Luther Kin... + Riverside County Ugly Politics + Riverside County Ugly Politics + Nye Frank + Riverside Coroner, Homicide with Natural Cause of ... + Riverside County DA chief Deputy sealed case for h... + Nye Frank Racing Autos + Race Car Fabricator, builder Nye Frank + Phil Reddish talking to sheriff and Prosecutor, Ny... + Nye Frank, Riverside County Homicide Cover up, is ... + Corruption in Riverside County, courts + Nye Frank, Riverside County Corruption + Riverside County Coroner Report, Rod Pachco, Sniff... + Micheal Jackson's type of Passion for Race Cars + Riverside County, Racing with Passion + Midwestern Mudslinging + Elder Homicide Closed behind Da closed doors, Corr... + Championship Off Road Racing - Intense Moments 200... + Riverside County ol boys club homicide cover up, d... o ► June (11) + Nye Frank Racing-Riverside County homicide cover u... + 27 year old Ty Reddish telling how attacked 68 yea... + 27 year old Ty Reddish telling how attacked 68 yea... + Nye Frank, Riverside County Elder Homicide Cover u...
Nye Frank

In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the Federa... - 0 views

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    Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions to victimization
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    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
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    * 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
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    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.
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    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.
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    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
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    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.
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    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
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    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
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    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."
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    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).
Nye Frank

Center Court - 0 views

shared by Nye Frank on 07 Apr 09 - Cached
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    The National Center for State Courts, working alongside the members of the Elder Abuse and the Courts Working Group, is involved in a number of follow-up activities to develop services the courts can use. For more information on the Elder Abuse and the Courts Working Group, con-tact Brenda Uekert, Ph.D. (buekert@ncsc.dni.us) of NCSC's Research and Technol-ogy Division. -------------------------------------------------------------------------------- Page 3 3Courts looking for the latest information on ways to improve jury service can turn to a new edition of Jury Trial Innovations (JTI), the National Center for State Courts' best-selling guide to techniques used nationwide to make jury service more appealing to the public and to help jurors become more effective decision makers. This new edition was updated by G. Thomas Munsterman and Paula L. Hannaford-Agor, of NCSC's Center for Jury Studies, and G. Marc White-head, chair of the Jury Initiatives Task Force of the American Bar Association's Section of Litigation, who were editors of the original edition published in 1997.This new edition looks at innova-tions courts have tried in the decade since the first edition was published, especially those involving the model of "the interactive juror"-that is, innovations focused on how jurors organize information, how to keep jurors actively involved in trial proceedings, The new edition of Jury Trial Innovations will be available in July 2006 and can be ordered through NCSC's online bookstore accessible through the "Communications" page on NCSC's Web site (www.ncsconline.org).NCSC Updates Jury Trial Innovationsand how jurors test what they see and hear against their own beliefs and values. After exploring "How Jurors Make Decisions: The Value of Trial Innovations," JTI discusses innovations in six areas:1. Jury Administration and Management 2. Voir Dire3. Pretrial Management4. Trial Procedures5. Jury Instructions and Deliberations6. Post-Verdict Co
Nye Frank

Criminology, Law Enforcement, Elder Abuse, and Senior Victimization - 0 views

  • Law Enforcement and Adult Protective Services Working Together: A Team Approach to Elder Abuse CasesAge in Action; Vol. 19 (3), Summer 2004.Journal article (scholarship)This article highlights the Central Virginia Task Force on Older Battered Women (OBW Task Force), a regional coalition of aging, domestic violence (DV), law enforcement, and legal services agencies dedicated to raising awareness of the needs of women who experience domestic violence/intimate partner violence and sexual assault in later life. Established in 1998, the project focuses on developing collaborative and interdisciplinary community responses to address violence against older women. A case study is presented from Henrico County that illustrates how adult protective services (APS) and the police department conducted a joint investigation of a sexual assault of a 65 year old assisted living facility resident. The following key elements for successful collaboration were identified: the need for all members to understand and respect the expertise and distinct role of each member; the need for investigators to attempt to conduct joint interviews whenever possible; and to the need to ensure that time and resources are shared effectively. (Note: This article is available online only at:   http://www.vcu.edu/vcoa/ageaction/AGEsu04.htm.) 2003 P5623-25Heisler, C. & Stiegel Enhancing the Justice System's Response to Elder Abuse: Discussions and Recommendations of the "Improving Prosecution" Working Group of The National Policy Summit on Elder Abuse Journal of Elder Abuse and Neglect; Vol. 14 (4), 31-54; 2002.**Journal article (scholarship)This article elaborates upon two of the recommendations identified through the "Improving Prosecution" working group session of the National Policy Summit on Elder Abuse (December 2001, Washington, D.C.): "improving the legal landscape by strengthening elder abuse laws" and "increasing awareness within the justice system." The following topics were considered: the role of the federal and state governments in increasing elder abuse reporting and enhancing prosecution; the need for expert witnesses, support, and technical assistance; the identification of barriers to accessing the criminal justice system; the improvement of outcomes in criminal cases; and the need for training of law enforcement, prosecutors, judges, coroners, court personnel, and advocates. The authors also provide a historical perspective on the response of the criminal justice system to elder abuse, which was initially minimal, based in part upon the underreporting of the problem. P5404-88* Johnson, K., for the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS
Nye Frank

Links - September 11th Victim Compensation Fund of 2001 - 0 views

  • Links for state bar associations for some key victim states are listed below. State Bar of California Connecticut Bar Association District of Columbia Bar Maryland State Bar Association Massachusetts Board of Bar Overseers,Office of the Bar Counsel New Jersey State Bar Association New York State Bar Association Pennsylvania Bar Association Virginia State Bar
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    There is much litigation over the question whether a particular wrong allegedly perpetrated by a defendant upon a plaintiff is the type of conduct that the civil rights act was designed to remedy. Many claimed infractions of the law do not give rise to a civil rights violation. Suit is allowed only if the defendant deprives a person of his or her rights under the federal laws or the United States Constitution. Weber v. City of Cedarburg, 129 Wis. 2d 57, 384 N.W.2d 333 (1986). The civil rights statute does not create any substantive rights. Penterman v. Wisconsin Electric Power Co., 211 Wis. 2d 458, 565 N.W.2d 521 (1997). The procedural protections of the Due Process Clause of the 14th Amendment will only be triggered if state action implicates a constitutionally protected interest in life, liberty or property. Board of Regents v. Roth, 498 U.S. 564 (1972)(no constitutional tort was involved in non-renewal of contract of non-tenured teacher). Nothing in the 14th Amendment protects against all government deprivations of life, liberty or property. Only deprivations without due process of law are protected. Hudson v. Palmer, 468 U.S. 517, (1984)(shakedown of prison inmate not actionable unless solely for the purpose of harassing or humiliating plaintiff) http://74.125.155.132/search?q=cache:mOG9ycDK1QwJ:www.pittslaw.com/_pittslaw.09_/Pages/civil_rights_claims.html+&cd=6&hl=en&ct=clnk&gl=us&client=firefox-a
Nye Frank

Diigo & Google - 0 views

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    There is much litigation over the question whether a particular wrong allegedly perpetrated by a defendant upon a plaintiff is the type of conduct that the civil rights act was designed to remedy. Many claimed infractions of the law do not give rise to a civil rights violation. Suit is allowed only if the defendant deprives a person of his or her rights under the federal laws or the United States Constitution. Weber v. City of Cedarburg, 129 Wis. 2d 57, 384 N.W.2d 333 (1986). The civil rights statute does not create any substantive rights. Penterman v. Wisconsin Electric Power Co., 211 Wis. 2d 458, 565 N.W.2d 521 (1997). The procedural protections of the Due Process Clause of the 14th Amendment will only be triggered if state action implicates a constitutionally protected interest in life, liberty or property. Board of Regents v. Roth, 498 U.S. 564 (1972)(no constitutional tort was involved in non-renewal of contract of non-tenured teacher). Nothing in the 14th Amendment protects against all government deprivations of life, liberty or property. Only deprivations without due process of law are protected. Hudson v. Palmer, 468 U.S. 517, (1984)(shakedown of prison inmate not actionable unless solely for the purpose of harassing or humiliating plaintiff) http://74.125.155.132/search?q=cache:mOG9ycDK1QwJ:www.pittslaw.com/_pittslaw.09_/Pages/civil_rights_claims.html+&cd=6&hl=en&ct=clnk&gl=us&client=firefox-a
Nye Frank

http://209.85.173.132/search?q=cache:Md5n4cAuJFwJ:www.ojp.usdoj.gov/ovc/publications/in... - 0 views

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    victim rights
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    Establishment of Victims' Rights Policy Coalitions: New Directions can serve as the basis for creating victims' rights policy coalitions composed of a broad membership of victim activists, victim advocates, justice system representatives, and allied professionals who share a common interest of implementing the recommendations set forth in New Directions to enhance victims' rights. Coalitions can be formed to pass single legislative measures, or can become ongoing coalitions of crime victims, victim advocates, and justice officials as an undeniable force in all criminal and juvenile justice-related policy to the benefit of each constituency. Once established, such coalitions could expand their efforts beyond legislation to play a role in assessing and promoting implementation of victims' rights laws statewide. http://209.85.173.132/search?q=cache:Md5n4cAuJFwJ:www.ojp.usdoj.gov/ovc/publications/infores/newdirections2000/ascii/global.txt+protocol+for+law+enforcement+responding+to+victims+of+elder+crime+in+california,+judge+training+manual&cd=6&hl=en&ct=clnk&gl=us
Nye Frank

APS Problems with the Legal Systemhttp://www.apsnetwork.org/Resources/docs/ProblemsFaci... - 0 views

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    Problems with the Legal System Problems with law enforcement (19%) were viewed as barriers to service delivery for APS clients and were manifested in such areas as: lack of training for law enforcement staff, inadequate criminal investigations, low rates of prosecution, and unwillingness of the courts to deal with APS issues. One state mentioned that no single agency had authority to investigate allegations of adult abuse, neglect and exploitation and that coordination among agencies was problematic. Another state mentioned that neglect and exploitation cases may sit in the prosecutor's office for six to nine months with no action. A lack of coordination and collaboration between APS agencies and law enforcement was mentioned by several states.
Nye Frank

goverment agency mandates for internal affairs for riverside county sheriff - Google Se... - 0 views

shared by Nye Frank on 19 Apr 09 - Cached
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    Riverside County Sheriff's Department v. Louis Zigman, Astrid ... Real party in interest and appellant Riverside County Sheriff's Deputy Astrid Megan ... for writ of administrative mandate filed by the Riverside County Sheriff's .... who is interrogated during a law enforcement agency's internal affairs ... Government Code section 3304, subdivision (b),6 makes it clear that a law ... www.morelaw.com/verdicts/case.asp?n=E043187&s=CA&d=38412 - 46k - Cached - Similar pages - [PDF] 1 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH DISTRICT ... File Format: PDF/Adobe Acrobat - View as HTML Real party in interest and appellant Riverside County Sheriff's Deputy Astrid ... petition for writ of administrative mandate filed by the Riverside County Sheriff's .... during a law enforcement agency's internal affairs investigation of .... which constitutes the administrative appeal guaranteed by Government ... www.courtinfo.ca.gov/opinions/documents/E043187.PDF - Similar pages - [PDF] SHERIFF-CORONER DEPARTMENT COUNTY OF ORANGE File Format: PDF/Adobe Acrobat - View as HTML practices, rather than through an external unfunded mandate. The Sheriffs Department is also subject to reviews and audits by many government agencies such as: ... completed internal affairs investigation. The Attorney General's Office ... Riverside and San Diego. Finally, through the Public Records Act. the ... www.ocgrandjury.org/pdfs/ocsd.pdf - Similar pages - About Lackie & Dammeier Michael makes his home in Orange County with his wife. .... Labor Experience: Chief negotiator and labor rep, Riverside Sheriff's Association, ... Mr. Lackie has extensive experience in internal affairs representation, ... including injunctions barring police agencies from violating the Bill of Rights. ... www.policeat
Nye Frank

California Elder Abuse Act, Elder and Dependent Adult Civil Protection Act (EADACPA): S... - 0 views

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    California's Elder Abuse Act California's Elder Abuse Act has been in existence in its current state since 1991 and is officially known as the Elder and Dependent Adult Civil Protection Act (hereinafter "EADACPA" or simply, the "Elder Abuse Act"). The Elder Abuse Act, found at Welfare & Institutions Code §15600 et seq., sets forth a very detailed body of law that has since been interpreted by the California Supreme Court as providing for a distinct and recognized cause of action - that being a statutory cause of action for Elder Abuse and/or Neglect under Welfare & Institutions Code §15600 et seq. When properly proven, a claim for Elder Abuse and/or Neglect provides for certain enhanced remedies that are unwise unavailable under other common law causes of action. The Elder Abuse Act was created out of concern that the elderly members of our society are not receiving the care and attention they deserved - and are in fact being abused and neglected. In enacting the Elder Abuse Act, the California Legislature expressly recognized that elders (defined as a person greater than the age of 65) and dependent adults (generally defined as persons between the ages of 18 and 64 who confined to live in 24-hour medical facilities and/or who are not able to care for themselves due to medical disorders) are particularly subjected to abuse, neglect, or abandonment and that the state has a distinct responsibility to protect these persons. In its preamble, the Elder Abuse Act expressly states that the Legislature "desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment." (See, Welfare & Institutions Code §15600). The statute further states that most elders and dependent adults who are at the greatest risk of abuse or neglect by their caretakers suffer "physical impairment
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    California's Elder Abuse Act California's Elder Abuse Act has been in existence in its current state since 1991 and is officially known as the Elder and Dependent Adult Civil Protection Act (hereinafter "EADACPA" or simply, the "Elder Abuse Act"). The Elder Abuse Act, found at Welfare & Institutions Code §15600 et seq., sets forth a very detailed body of law that has since been interpreted by the California Supreme Court as providing for a distinct and recognized cause of action - that being a statutory cause of action for Elder Abuse and/or Neglect under Welfare & Institutions Code §15600 et seq. When properly proven, a claim for Elder Abuse and/or Neglect provides for certain enhanced remedies that are unwise unavailable under other common law causes of action. The Elder Abuse Act was created out of concern that the elderly members of our society are not receiving the care and attention they deserved - and are in fact being abused and neglected. In enacting the Elder Abuse Act, the California Legislature expressly recognized that elders (defined as a person greater than the age of 65) and dependent adults (generally defined as persons between the ages of 18 and 64 who confined to live in 24-hour medical facilities and/or who are not able to care for themselves due to medical disorders) are particularly subjected to abuse, neglect, or abandonment and that the state has a distinct responsibility to protect these persons. In its preamble, the Elder Abuse Act expressly states that the Legislature "desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment." (See, Welfare & Institutions Code §15600). The statute further states that most elders and dependent adults who are at the greatest risk of abuse or neglect by their caretakers suffer "physical impairment
Nye Frank

conspiracy case 99-6050 -- U.S. v. Rahseparian -- 11/07/2000 - 0 views

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    SEYMOUR , Chief Judge. After a joint jury trial, co-defendants Ardashir (aka Ardie) and Daryoush (aka Steve), along with Jalal (aka Jack) Rahseparian, were convicted of conspiracy to commit mail fraud, mail fraud, and money laundering. All three appealed. Jack's appeal is addressed in the companion opinion, see United States v. Rahseparian, No. 99-6031 (Nov. 7, 2000). Ardie contends on appeal that the evidence is insufficient to sustain his conviction. Ardie and Steve contend a new trial is necessary due to the prosecutor's comment on their failure to testify in violation of Griffin v. California, 380 U.S. 609 (1965). Steve further claims a new trial is required because of certain incriminating hearsay statements elicited by the prosecutor in violation of Bruton v. United States, 391 U.S. 123 (1968). We affirm. I BACKGROUND Ardie and Steve Rahseparian are the sons of Jack Rahseparian. At the time of the conduct for which they were charged, Steve resided in Altoona, Pennsylvania, Ardie resided in Fort Smith, Arkansas, and Jack resided and worked in Shawnee, Oklahoma. The government contended at trial that Ardie and Steve Rahseparian formed Genesis Marketing, a telemarketing company, through which they and their father conspired to commit and did commit mail fraud from May 1994 to May 1995. The government further successfully argued that Ardie, Steve, and Jack Rahseparian laundered the proceeds from the telemarketing scheme through Jack's business checking accounts. Brad Russell, the company's only employee other than the Rahseparians themselves, testified on behalf of the government. Mr. Russell was a personal friend of Ardie. The two worked out of Ardie's apartment in Fort Smith as the sole telemarketers for Genesis Marketing. Mr. Russell testified that he and Ardie would entice customers over the telephone to buy products, such as water purifiers and "Say No to Drugs" kits, at highly inflated pric
Nye Frank

Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 - 0 views

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    This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud
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    This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud
Nye Frank

Juris Publishing - Fine's Wisconsin Evidence -2nd Edition - 0 views

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    earchable access to it via our online collection of publications. Book Overview Table of Contents Chapter 901 General Provisions 901.01 Scope 901.02 Purpose and Construction 901.03 Rulings on Evidence 901.04 Preliminary Questions (1) Judge Determines Admissibility (2) Admissibility when Relevancy Conditioned on Fact (3) Hearing out of Jury's Presence (4) Testimony by Accused (5) Weight and Credibility 901.05 Admissibility of AIDS Test Results 901.053 Admissibility of Helmet - Wearing Evidence 901.055 Admissibility of Lead-in-Dust Testing Evidence 901.06 Limited Admissibility 901.07 Rule of Completeness Chapter 902 Judicial Notice 902.01 Judicial Notice of Adjudicative Facts 902.02 Judicial Notice of Foreign Laws 902.03 Ordinances and Administrative Rules Chapter 903 Presumptions 903.01 Presumptions in General 903.03 Presumptions in Criminal Cases Chapter 904 Relevancy 904.01 Definition of "Relevant Evidence" 904.02 Relevant Evidence Generally Admissible 904.03 Exclusion of Relevant Evidence 904.04 Character Evidence Not Admissible to Prove Conduct (1) Character Evidence Generally (a) of the Accused (b) of the Victim (c) of the Witness (2) Other Crimes, Wrongs, or Acts 904.05 Methods of Proving Character (1) Reputation or Opinion (2) Specific Instances of Conduct 904.06 Habit, Routine 904.07 Subsequent Remedial Measures 904.08 Compromise and Offers to Compromise 904.085 Communications in Mediation 904.09 Payment of Medical and Similar Expenses 904.10 Offers to Plead Guilty or No Contest; Withdrawn Guilty Pleas 904.11 Liability Insurance 904.12 Statement of Injured Person 904.13 Information Concerning Crime Victims 904.15 Communications in Farmer Assistance Programs Chapter 905 Privileges 905.01 Privileges Recognized Only as Provided 905.015 Use of Interpreter for Privileged Communi
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    earchable access to it via our online collection of publications. Book Overview Table of Contents Chapter 901 General Provisions 901.01 Scope 901.02 Purpose and Construction 901.03 Rulings on Evidence 901.04 Preliminary Questions (1) Judge Determines Admissibility (2) Admissibility when Relevancy Conditioned on Fact (3) Hearing out of Jury's Presence (4) Testimony by Accused (5) Weight and Credibility 901.05 Admissibility of AIDS Test Results 901.053 Admissibility of Helmet - Wearing Evidence 901.055 Admissibility of Lead-in-Dust Testing Evidence 901.06 Limited Admissibility 901.07 Rule of Completeness Chapter 902 Judicial Notice 902.01 Judicial Notice of Adjudicative Facts 902.02 Judicial Notice of Foreign Laws 902.03 Ordinances and Administrative Rules Chapter 903 Presumptions 903.01 Presumptions in General 903.03 Presumptions in Criminal Cases Chapter 904 Relevancy 904.01 Definition of "Relevant Evidence" 904.02 Relevant Evidence Generally Admissible 904.03 Exclusion of Relevant Evidence 904.04 Character Evidence Not Admissible to Prove Conduct (1) Character Evidence Generally (a) of the Accused (b) of the Victim (c) of the Witness (2) Other Crimes, Wrongs, or Acts 904.05 Methods of Proving Character (1) Reputation or Opinion (2) Specific Instances of Conduct 904.06 Habit, Routine 904.07 Subsequent Remedial Measures 904.08 Compromise and Offers to Compromise 904.085 Communications in Mediation 904.09 Payment of Medical and Similar Expenses 904.10 Offers to Plead Guilty or No Contest; Withdrawn Guilty Pleas 904.11 Liability Insurance 904.12 Statement of Injured Person 904.13 Information Concerning Crime Victims 904.15 Communications in Farmer Assistance Programs Chapter 905 Privileges 905.01 Privileges Recognized Only as Provided 905.015 Use of Interpreter for Privileged Communi
Nye Frank

FindLaw | Cases and Codes - 0 views

  • 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.
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  • 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.
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    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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    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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    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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    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

California Codes - California Attorney Resources - California Laws - 0 views

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    Court Opinions US Supreme Court US Tax Court Board of Patent Appeals State Laws Alabama Arizona California Florida Georgia Illinois Indiana Massachusetts Michigan Nevada New Jersey New York North Carolina Oregon Pennsylvania Texas Virginia Washington US Code Copyrights Crimes Labor Patents Shipping US Constitution Preamble Art. I - Legislative Art. II - Executive Art. III - Judicial Art. IV - States' Relations Art. V - Mode of Amendment Art. VI - Prior Debts Art VII - Ratification California Codes Legal Research Home > California Lawyer Sponsored Links California Constitution . (Cal. Const.) California Business and Professions Code . (Cal. Bus. & Prof. Code) California Civil Code . (Cal. Civ. Code) California Code of Civil Procedure . (Cal. Civ. Proc.) California Commercial Code . (Cal. Com. Code) California Corporations Code . (Cal. Corp. Code) California Education Code . (Cal. Educ. Code) California Elections Code . (Cal. Elec. Code) California Evidence Code . (Cal. Evid. Code) California Family Code . (Cal. Fam. Code) California Financial Code . (Cal. Fin. Code) California Fish and Game Code . (Cal. Fish & Game Code) California Food and Agricultural Code . (Cal. Food & Agric. Code) California Government Code . (Cal. Gov't Code) California Harbors and Navigation Code . (Cal. Harb. & Nav. Code) California Health and Safety Code . (Cal. Health & Safety Code) California Insurance Code . (Cal. Ins. Code) California Labor Code . (Cal. Lab. Code) California Military and Veterans Code . (Cal. Mil. & Vet. Code) California Penal Code . (Cal. Penal Code) California Pr
Nye Frank

Winter, Thus, a request for information under the Freedom of Information Act n49 is a j... - 0 views

  • The democracy conundrum The most appealing justification of standing law is that, in preserving the separation of powers, it protects the majoritarian political process from undue intrusion by the unelected judiciary. But not all issues are amenable to the political process. All too often, the inevitable consequence of a decision denying standing is "that the most injurious and widespread Governmental actions c[an] be questioned by nobody." n60 In those cases, standing law undermines the notion of accountability that supports a constitutional system premised on the rule of law. In Sections VI C and D, I propose a means of recapturing these values.
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    The traditional answer places heavy emphasis on the function of the common law writ system to do the work now done by the concept of standing. n27 According to this analysis, the concept of standing could only arise after the breakdown of the writ system and of common law pleading. Standing then developed as an elaboration of the essence of the private causes of action previously embodied in the writs. n28 As such, the modern concept of standing, with its focus on injury-in-fact, is thought to be only the preservation of the private rights model n29 of adjudication known to the Framers.
  • ...5 more comments...
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    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
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    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
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    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  •  
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
  •  
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  •  
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
  •  
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
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