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questions documents statement of fact for summary judgement. - 0 views

wyomcases.courts.state.wy.us/...deliverdocument.asp

victim statement of fact for summary judgement

shared by Nye Frank on 21 Apr 09 - Cached
  • Nye Frank on 21 Apr 09
     
    Estate of Coleman v. Casper Concrete Co. 1997 WY 64 939 P.2d 233 Case Number: 96-30 Decided: 05/19/1997 Supreme Court of Wyoming -------------------------------------------------------------------------------- Cite as: 1997 WY 64, 939 P.2d 233 -------------------------------------------------------------------------------- The ESTATE OF KEITH D. COLEMAN, Deceased, By and Through its Personal Representative, Janice Coleman, Appellant(Plaintiff), v. CASPER CONCRETE COMPANY, a Wyoming Corporation; and Skorcz Electric, Inc., a Wyoming Corporation, Appellees(Defendants). Appeal from the District Court, Natrona County, The Honorable Dan Spangler, Judge Representing Appellant: Dallas J. Laird, Casper; and Richard R. Jamieson, Casper. Representing Appellee: Richard R. Wilking, Casper; and Earl J. Hanson of Hanson, Roybal, Lee & Todd, P.C., Billings, for Appellee Casper Concrete Company. Rebecca A. Lewis of Lewis & Associates, P.C., Laramie, for Appellee Skorcz Electric, Inc. Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN,* and LEHMAN, JJ. * Chief Justice at time of oral argument. TAYLOR, Chief Justice. [¶1] In 1989, the State of Wyoming contracted with appellees to build a highway intersection and install traffic lights. In June of 1993, during a malfunction of those lights, a young man was killed in a collision with a drunk driver at the intersection. Although the State successfully sought shelter in immunity and the drunk driver eventually settled with the decedent's estate, suit survived against appellees on disparate theories of negligence, strict liability and res ipsa loquitur. From an adverse summary judgment, the decedent's estate prosecutes this appeal. We affirm. I. ISSUES [¶2] The decedent's mother, Janice Coleman, as personal representative of her son's estate (appellant), states the following issues: I. Whether the district court properly granted summary judgmen
Nye Frank

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

law.onecle.com/...669.html

evidence 669

shared by Nye Frank on 30 Jul 09 - Cached
  • 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

Law School Outline - Constitutional Law - NYU School of Law - Pildus - 0 views

www.docstoc.com/...-NYU-School-of-Law---Pildusdoc

mandamus judicial discretion

shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
     
    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicia
  • Nye Frank on 29 Jul 09
     
    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
  • Nye Frank on 29 Jul 09
     
    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
Nye Frank

we asked for a safe way to report Building A Financial Abuse Case for the Criminal Just... - 0 views

74.125.155.132/search

safe way for victims to report criminal

shared by Nye Frank on 29 Jul 09 - Cached
  • Identify other sources of information Health care professionals Paramedics and EMTs Family and friends Who did victim tell first Importance of asking about and documenting the victim's demeanor and reason for making contact Not for police action but for safety, health needs, seek help
  • Crawford v. Washington  Critical importance of witnesses to whom victim and suspect have spoken Identify non governmental witnesses to statements Document spontaneous statements and demeanor Calls for help and medical care
  • Nye Frank on 29 Jul 09
     
    Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be
  • Nye Frank on 29 Jul 09
     
    Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be
  • Nye Frank on 29 Jul 09
     
    Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be
Nye Frank

THE CANADIAN INSTITUTE Litigating Personal Injury Damages DAMAGES FOR EMOTIONAL DISTRES... - 0 views

209.85.173.132/custom

tort emotional pain

shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    Prosser and Keeton on the Law of Torts, 5 ed. (1984), p. 360.th7Linden, Canadian Tort Law, 7th ed., at pp. 389
  • ...4 more comments...
  • Nye Frank on 23 Apr 09
     
    In addition, the7judicial system has proven time and again the capacityto differentiate between deserving cases andgroundless actions. The appropriate response, when concerned about fraudulent lawsuits, is avigorous pursuit of the truth, not in the abdication of judicial responsibility.8 -------------------------------------------------------------------------------- Page 5 Toronto Railway Co. V. Toms (1911), 44 S.C.R. 268 at 274.9See Dulieu v. White & Sons, [1901] 2 K.B. 669.10See Hinz v. Berry [1970] 2 Q.B. 40, where Lord Denning explained thatdamages are11recoverable for "nervous shock, or, to put it in medical terms, for any recognizablepsychiatric illness caused by the breach of duty by the defendant."See Linden, Canadian Tort Law, supra 1, at pp. 389-92.12Eventually, the courts began awarding damages for emotional distress, but onlywhere therewas an accompanying physical injury. The court reasoned that, where a person suffers physicalinjury, however slight, damages could be claimed for the fright occasioned thereby. Subsequently,9the physical injury requirement was discarded when it was decided that damages resulting fromnervous shock generated byfright maybe recoverable in a negligence action, even whereno physicalinjury has occurred.10IV.The Components of a Claim for Emotional DistressA claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for "nervous shock". Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant'snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable p
  • Nye Frank on 23 Apr 09
     
    In addition, the7judicial system has proven time and again the capacityto differentiate between deserving cases andgroundless actions. The appropriate response, when concerned about fraudulent lawsuits, is avigorous pursuit of the truth, not in the abdication of judicial responsibility.8 -------------------------------------------------------------------------------- Page 5 Toronto Railway Co. V. Toms (1911), 44 S.C.R. 268 at 274.9See Dulieu v. White & Sons, [1901] 2 K.B. 669.10See Hinz v. Berry [1970] 2 Q.B. 40, where Lord Denning explained thatdamages are11recoverable for "nervous shock, or, to put it in medical terms, for any recognizablepsychiatric illness caused by the breach of duty by the defendant."See Linden, Canadian Tort Law, supra 1, at pp. 389-92.12Eventually, the courts began awarding damages for emotional distress, but onlywhere therewas an accompanying physical injury. The court reasoned that, where a person suffers physicalinjury, however slight, damages could be claimed for the fright occasioned thereby. Subsequently,9the physical injury requirement was discarded when it was decided that damages resulting fromnervous shock generated byfright maybe recoverable in a negligence action, even whereno physicalinjury has occurred.10IV.The Components of a Claim for Emotional DistressA claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for "nervous shock". Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant'snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable psyc
  • Nye Frank on 23 Apr 09
     
    A claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for "nervous shock". Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant'snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable psychiatric illness.12 -------------------------------------------------------------------------------- Page 6 McLoughlin v. Arbor Memorial Services Inc. [2004] O.J. No. 5003.13Enunciated by the House of Lords in White v. Chief Constable of South Yorkshire, [1998] 314W.L.R. 1509 (H.L.), and approved by MacPhearson J.A. in Vanek v. Great Atlantic and Pacific Companyof Canada Limited (1999) 48 O.R. (3d) 228 (O.C.A.).Ibid.15A.What is meant by "foreseeable"?Foreseeability has generally been interpreted as what a "reasonable person" would foresee.In thecontext of an accident,foreseeableemotional distress meanspsychiatricinjuryas areasonablyforeseeable consequence of exposure to the trauma of the accident and its aftermath.13In general, the law expects its citizens to be reasonably robust and hesitates to imposeliabilityfor the exceptional frailtyof certain individuals. Before beingheld to be in breach of a dutyto an accident bystander, a defendant must have exposed him to a situation where it was reasonablyforeseeablethat apersonof reasonable robustness andfortitudewouldbelikelyto suffer psychiatricinjury.14The Ontario Court of Appeal addressed this issue in Vanek v. Great Atlantic & Pacific Co.Of Canada Limited ("Vanek"). In this case, an 11-year-old girl consumed a small amount of foul15tasti
  • Nye Frank on 23 Apr 09
     
    Even where the plaintiff has suffered a psychiatric illness triggered by the defendant'sinabilityto fulfil adutyofcare, thecourts willsometimes denyliabilityiftheindividual's psychiatricdamage is a result of their own particular "hypersensitivity". The courts like to use, as a baseline,18the ordinary person of reasonable mental fortitude. Where this fictional individual would notnormally suffer psychiatric damage, a uniquely vulnerable person who does suffer damage wouldbe barred from recovery
  • Nye Frank on 23 Apr 09
     
    With all due respect to Dr. Herbert Modlin, his thesis does not do justice to the manyinnocent accident victims who suffer pain in silence, with indescribable sadness and with despair.Reactions to traumatic events effect people biologically, psychologically and socially. As23Hoffman, et al., state ,24"At the psychological level, traumatic reactions affect thinking, feeling andbehaviour. In the acute phaseafter a period of shock theremaybe anxiety, insomnia,nightmares,sensitivityto noise, fatigueandpain intrusiverecollectionsofthetraumain thoughts or images, either spontaneously or when reminded of the trauma. In thelong term there may be emotional disability (with or without physical injury) that iscomplicated by depression, irritability, philosophical pessimism, loss of hope anddecreased expectations in life, which eventually lead to personality change."(Underlining mine)According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation
  • Nye Frank on 23 Apr 09
     
    According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation only if an injured person'simpairments were physical in nature. Claims for emotional distress unadorned with any physicalcomponent resulted in the claim being dismissed.However, if the emotional distress claim could be characterized as a "chronic pain claim"with both physical and psychological aspects, compensation was permitted (see in this regard,Chrappa v Ohm).During the OMPP era plaintiffs' counsel went to great lengths to meld26psychological distress with a physical component in order to be free of the rigid straightjacket of theOMPP threshold.With Bill 164, which took effect on January 1, 1994 and governed motor vehicle accidentcases until October 31, 1996, there was no impediment to obtaining compensation for a "seriousimpairment of an important physical, mental or psychological function". Bill 59 (which applies tomotor vehicle accidents between November 19
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NPR and PBS Radio Archives/Frontline Videos - 0 views

www.sagepub.com/...archives.htm

crime study sagepub

shared by Nye Frank on 21 Jul 09 - Cached
  • hapter 11: Political Crime Frontline Online Video: The Enemy Within http://www.pbs.org/wgbh/pages/frontline/enemywithin/view/ Frontline Online Video: Al Qaeda's New Front http://www.pbs.org/wgbh/pages/frontline/shows/front/view/ Habeas Schmabeas Podcast 3/10/06 Episode 310 (59:58) http://www.thislife.org The New Role of Neighborhood Watch http://www.npr.org/templates/story/story.php?storyId=3844320 (41:32) These programs examine the key elements of terrorism and America's response to its threat. Questions: How do these programs about terrorism fit with the material presented in this chapter? Explain the changes in policy discussed in these programs. Do they seem to be effective? Note: Other Frontline shows of related interest that can be ordered include Frontline: Campaign Against Terror http://www.pbs.org/wgbh/pages/frontline/shows/campaign/ Frontline: Inside the Terror Network http://www.pbs.org/wgbh/pages/frontline/shows/network/ Frontline: Trail of a Terrorist http://www.pbs.org/wgbh/pages/frontline/shows/trail/
Nye Frank

Search Results: elder homicide closed exceptional - 0 views

gb1.ojp.usdoj.gov/search

elder homicide closed case prosecutor

shared by Nye Frank on 24 Jul 09 - No Cached
  • Sort by date / Sort by relevance Not finding it? Try our advanced search or look for ... statistics from BJS juvenile justice info from OJJDP victim and victim service provider info from OVC assistance programs from BJA abstracts and publications from NCJRS Search all Office of Justice Programs agencies. [PDF] National Evaluation of State Victims of Crime Act Assistance and ...... programs, rape crisis centers, child abuse programs, programs for homicide survivors, and programs for victims of drunk driving, hate crimes, elder abuse, and ... www.ncjrs.gov/pdffiles1/nij/grants/203198.pdf - 2005-02-11 - Text Version [PDF] Practical Implications of Current Domestic Violence Research Part ...... victim, three law enforcement officers responding to the intimate homicide, 9 abusers ... members are significantly more likely to report abuse of elder women (60 ... www.ncjrs.gov/pdffiles1/nij/grants/222320.pdf - 2008-04-23 - Text Version [ More results from www.ncjrs.gov/pdffiles1/nij/grants ] [PDF] Practical Implications of Current Domestic Violence Research... According to the Supplementary Homicide Reports of the FBI‟s Uniform Crime Reporting Program in 2005, 1,181 females and 329 males were killed by their ... www.ncjrs.gov/pdffiles1/nij/225722.pdf - 2009-06-09 - Text Version [PDF] Presenter Biographies... of Three Cities: Labor Markets and Homicide,” “Racial and Ethic Disparities in Imprisonment,” “Racial/Ethnic Disparities and Exceptional Sentences in ... www.ojp.usdoj.gov/nij/events/nij_conference/2003/biographies.pdf - 2009-05-09 - Text Version In order to show you the most relevant results, we have omitted some entries very similar to the 4 already displayed.If you like, you can repeat the search with the omitted results included.
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nye frank drag racing, craig breedlove - Google Search - 0 views

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Nye Frank Drag Racing Land speed cars

shared by Nye Frank on 16 Sep 09 - Cached
  • Nye Frank on 16 Sep 09
     
    Results 1 - 10 of about 33,100 for nye frank drag racing, craig breedlove. (0.31 seconds) › All results Videos Forums Reviews › Any time Recent results Past 24 hours Past week Past year › Specific date range From: To: ex: 5/23/2004 › Standard view Related searches Wonder wheel Timeline › Standard results Images from the page Prices from the page More text Hide allMore searches: * Recently Used * News o CNN o New York Times o Wall Street Journal o Forbes o Time Magazine o Economist o LA Times o UK Telegraph o TechCrunch o Globe and Mail o Factiva * Communities o Twitter o Facebook o LinkedIn o Ning o Flickr o Yelp o Digg o Reddit o Delicious o Technorati o Google Groups o Fluther o Hacker News * Knowledge o Wikipedia o Google Books o Scribd o Docstoc o Google Scholar o Life Photos o RecipePuppy o SnappyFingers * Entertainment o YouTube o Last.fm o Huffington Post * Shopping o Amazon o Y! Shopping o eBay o StubHub o Dawdle * Search o Bing o OneRiot o Bit.ly Links o BackType o Twingly * WebMynd o WebMynd History o My Top Sites Sites | Configure | Help | FeedbackDoneBack We welcome your feedback: Add, remove, and rank your search tools. CloseYouTube CloseTwitter CloseLinkedIn CloseNing CloseFlickr CloseYelp CloseDigg CloseReddit CloseGoogle Books CloseScribd CloseDocstoc CloseGoogle Scholar CloseCNN CloseAmazon CloseBing CloseWebMynd History CloseLife Photos CloseRecipePuppy CloseNew York Times CloseDelicious CloseTechnorati CloseFluther CloseSnappyFinger
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  • Nye Frank on 16 Sep 09
     
    Results 1 - 10 of about 33,100 for nye frank drag racing, craig breedlove. (0.31 seconds) › All results Videos Forums Reviews › Any time Recent results Past 24 hours Past week Past year › Specific date range From: To: ex: 5/23/2004 › Standard view Related searches Wonder wheel Timeline › Standard results Images from the page Prices from the page More text Hide allMore searches: * Recently Used * News o CNN o New York Times o Wall Street Journal o Forbes o Time Magazine o Economist o LA Times o UK Telegraph o TechCrunch o Globe and Mail o Factiva * Communities o Twitter o Facebook o LinkedIn o Ning o Flickr o Yelp o Digg o Reddit o Delicious o Technorati o Google Groups o Fluther o Hacker News * Knowledge o Wikipedia o Google Books o Scribd o Docstoc o Google Scholar o Life Photos o RecipePuppy o SnappyFingers * Entertainment o YouTube o Last.fm o Huffington Post * Shopping o Amazon o Y! Shopping o eBay o StubHub o Dawdle * Search o Bing o OneRiot o Bit.ly Links o BackType o Twingly * WebMynd o WebMynd History o My Top Sites Sites | Configure | Help | FeedbackDoneBack We welcome your feedback: Add, remove, and rank your search tools. CloseYouTube CloseTwitter CloseLinkedIn CloseNing CloseFlickr CloseYelp CloseDigg CloseReddit CloseGoogle Books CloseScribd CloseDocstoc CloseGoogle Scholar CloseCNN CloseAmazon CloseBing CloseWebMynd History CloseLife Photos CloseRecipePuppy CloseNew York Times CloseDelicious CloseTechnorati CloseFluther CloseSnappyFinge
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    Results 1 - 10 of about 33,100 for nye frank drag racing, craig breedlove. (0.31 seconds) › All results Videos Forums Reviews › Any time Recent results Past 24 hours Past week Past year › Specific date range From: To: ex: 5/23/2004 › Standard view Related searches Wonder wheel Timeline › Standard results Images from the page Prices from the page More text Hide allMore searches: * Recently Used * News o CNN o New York Times o Wall Street Journal o Forbes o Time Magazine o Economist o LA Times o UK Telegraph o TechCrunch o Globe and Mail o Factiva * Communities o Twitter o Facebook o LinkedIn o Ning o Flickr o Yelp o Digg o Reddit o Delicious o Technorati o Google Groups o Fluther o Hacker News * Knowledge o Wikipedia o Google Books o Scribd o Docstoc o Google Scholar o Life Photos o RecipePuppy o SnappyFingers * Entertainment o YouTube o Last.fm o Huffington Post * Shopping o Amazon o Y! Shopping o eBay o StubHub o Dawdle * Search o Bing o OneRiot o Bit.ly Links o BackType o Twingly * WebMynd o WebMynd History o My Top Sites Sites | Configure | Help | FeedbackDoneBack We welcome your feedback: Add, remove, and rank your search tools. CloseYouTube CloseTwitter CloseLinkedIn CloseNing CloseFlickr CloseYelp CloseDigg CloseReddit CloseGoogle Books CloseScribd CloseDocstoc CloseGoogle Scholar CloseCNN CloseAmazon CloseBing CloseWebMynd History CloseLife Photos CloseRecipePuppy CloseNew York Times CloseDelicious CloseTechnorati CloseFluther CloseSnappyFinger
  • Nye Frank on 16 Sep 09
     
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    Results 1 - 10 of about 33,100 for nye frank drag racing, craig breedlove. (0.31 seconds) › All results Videos Forums Reviews › Any time Recent results Past 24 hours Past week Past year › Specific date range From: To: ex: 5/23/2004 › Standard view Related searches Wonder wheel Timeline › Standard results Images from the page Prices from the page More text Hide allMore searches: * Recently Used * News o CNN o New York Times o Wall Street Journal o Forbes o Time Magazine o Economist o LA Times o UK Telegraph o TechCrunch o Globe and Mail o Factiva * Communities o Twitter o Facebook o LinkedIn o Ning o Flickr o Yelp o Digg o Reddit o Delicious o Technorati o Google Groups o Fluther o Hacker News * Knowledge o Wikipedia o Google Books o Scribd o Docstoc o Google Scholar o Life Photos o RecipePuppy o SnappyFingers * Entertainment o YouTube o Last.fm o Huffington Post * Shopping o Amazon o Y! Shopping o eBay o StubHub o Dawdle * Search o Bing o OneRiot o Bit.ly Links o BackType o Twingly * WebMynd o WebMynd History o My Top Sites Sites | Configure | Help | FeedbackDoneBack We welcome your feedback: Add, remove, and rank your search tools. CloseYouTube CloseTwitter CloseLinkedIn CloseNing CloseFlickr CloseYelp CloseDigg CloseReddit CloseGoogle Books CloseScribd CloseDocstoc CloseGoogle Scholar CloseCNN CloseAmazon CloseBing CloseWebMynd History CloseLife Photos CloseRecipePuppy CloseNew York Times CloseDelicious CloseTechnorati CloseFluther CloseSnappyFinger
Nye Frank

Crime Compensation Program Directory Overview - 0 views

209.85.173.132/search

victim compensation funds must

shared by Nye Frank on 22 Apr 09 - Cached
  • Most programs process claims through a staff centralized in one office in the state capital, but a few states have branch or regional offices or make use of locally based individuals in other agencies to perform preliminary work on applications, such as gathering documents. Typically, states request and analyze police reports to confirm that a crime took place and to determine whether the victim was involved in any illegal or contributory activity when victimized. Information from service providers like hospitals, doctors, counselors, and funeral homes, as well as employers if work loss is claimed, forms the basis for benefit determinations. Decision-making authority varies from state to state, with about a third of the states using part-time boards or commissions to determine eligibility and awards, and the rest authorizing full-time administrative staff (usually program directors) to make determinations. In three court-based programs, judges or court officials decide claims.
  • All of the programs are authorized to deny or reduce benefits to people who are injured while committing crimes or engaging in substantial misconduct contributing to their victimization. Programs rely primarily on police reports to make these determinations, and expend considerable effort to make careful and appropriate decisions on these issues. Five state compensation laws also authorize denial based on prior criminal activity unrelated to the current victimization. The eligibility of a victim's dependents or other secondary victims generally hinges on the eligibility of the "direct" victim (the one who suffered the injury or death). For example, if a homicide victim was engaged in criminal activity, the family generally would be ineligible for any benefits. Each state operates under its own law, rules, policies and procedures, and while all of the programs share broadly similar eligibility requirements, it's important for those accessing any program to check with the individual state to learn exactly how it operates.
  • Nye Frank on 22 Apr 09
     
    While for most programs fund recovery is a minor source of total income , a few programs are beginning to recover close to 10% of their awards. VOCA . Federal funds provide about 20-25% of the state compensation programs' total budgets, through grants authorized by the Victims of Crime Act of 1984 (VOCA). Under VOCA, for every $100 a state awards to victims, it gets $40 in federal funds to spend; this results in a 72%-to-28% split in state-federal dollars spent each year (of every $140 awarded to victims, $100 is state money and $40 is federal funds). States also must bear all or nearly all of the administrative costs for operating their programs (only 5% of each state's VOCA grant is available for administrative purposes). While the large majority of funds spent in operating the programs and paying victims comes from state budgets, VOCA grants have enabled many states to expand coverage, and they make a significant difference in ensuring that there is enough money available to cover all eligible victims that may apply. VOCA will provide about $70 million to state compensation programs in federal fiscal year 1999. To be eligible for a federal grant, certain conditions must be met. Programs must cover medical expenses, mental health counseling, and lost wages for victims, as well as funeral expenses and lost support for families of homicide victims. They must consider drunk driving and domestic violence as compensable crimes, and must not categorically exclude domestic violence victims on the basis of their being related to or living with the offender. (Programs may deny claims when an award to the victim would unjustly enrich the offender.) Program must agree to consider for eligibility all U.S. citizens who are victims of crimes within their states, regardless of the residency of the victim . Each state also must offer benefits to its own residents who are victimized in states without compensa
Nye Frank

FAMED BUILDER NYE FRANK DIES | Article from Dirtsports | HighBeam Research - 0 views

www.highbeam.com/...1P3-1386903451.html

Nye Frank Racing

shared by Nye Frank on 07 Mar 09 - Cached
  • Magazine article from our research archive: FAMED BUILDER NYE FRANK DIES Article from: Dirtsports Article date: October 1, 2007 Author: document.writeln('Anonymous');document.getElementById('ctl00_ph_ctl00_ArticleMain_AuthorLinks_ctl01_lnkAuthor').title='Anonymous' Anonymous | Copyright informationCopyright Advanstar Communications, Inc. Oct 2007. Provided by ProQuest LLC. (Hide copyright information) Famed off-road builder Nye Frank passed away on August 5, 2007. Frank, who was 68 years old and considered by many to be one of the greatest motorsports builders of all time, died after an altercation with a 27-year-old neighbor. Frank had walked back to his Twin Pines, Calif., home with his wife after the event but was later found to be unresponsive. Paramedics were called and performed CPR, but efforts to revive him failed and Frank was pronounced dead a short-time later. Frank worked on everything from the famous Freight Train AA drag racer to Craig Breedlove's land-speed cars to Indy cars, and was associated with names such as Mickey ... Read all of this article with a FREE trial Related newspaper, magazine, and journal articles:
  • Nye Frank on 07 Mar 09
     
    FAMED BUILDER NYE FRANK DIES Article from: Dirtsports Article date: October 1, 2007 Author: Anonymous | Copyright information Copyright Advanstar Communications, Inc. Oct 2007. Provided by ProQuest LLC. ( Hide copyright information ) Famed off-road builder Nye Frank passed away on August 5, 2007. Frank, who was 68 years old and considered by many to be one of the greatest motorsports builders of all time, died after an altercation with a 27-year-old neighbor. Frank had walked back to his Twin Pines, Calif., home with his wife after the event but was later found to be unresponsive. Paramedics were called and performed CPR, but efforts to revive him failed and Frank was pronounced dead a short-time later. Frank worked on everything from the famous Freight Train AA drag racer to Craig Breedlove's land-speed cars to Indy cars, and was associated with names such as Mickey ... Read all of this article with a FREE trial Related newspaper, magazine, and journal articles:
Nye Frank

Position Outline for Elder Abuse Policy (Rough Draft) - 0 views

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district attorney elder draft rough

shared by Nye Frank on 27 Jul 09 - Cached
  • 29 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p. 94. 30 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.3, p. 93. 31 See NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p.92
  • Nye Frank on 27 Jul 09
     
    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
  • Nye Frank on 27 Jul 09
     
    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
Nye Frank

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)).
Nye Frank

Response to Grand Jury Report: Riverside County Office on Aging That the Board of Super... - 0 views

209.85.173.132/search

shared by Nye Frank on 24 Apr 09 - Cached
  • Nye Frank on 24 Apr 09
     
    Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some time as the senior population ages. Recent increases in Older Americans Act funding will support the creation of two additional social work positions. These positions are being filled. A third social work case manager will be hired on a temporary basis using one year planning grant funds recently approiied by the CA. Dept of Health Services to test a new integrated case management model in partnership with the RCRMC and other community agencies in Riverside County. That position will become permanent if Older Americans Act or Older Californians Act funding is available when the planning grant ends (June 03).
  • Nye Frank on 24 Apr 09
     
    Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some time as the senior population ages. Recent increases in Older Americans Act funding will support the creation of two additional social work positions. These positions are being filled. A third social work case manager will be hired on a temporary basis using one year planning grant funds recently approiied by the CA. Dept of Health Services to test a new integrated case management model in partnership with the RCRMC and other community agencies in Riverside County. That position will become permanent if Older Americans Act or Older Californians Act funding is available when the planning grant ends (June 03).
  • Nye Frank on 24 Apr 09
     
    The three CTSA's (Coordinated Transportation Service Agencies) are mandated under federal and state law to develop and implement transportation plans for Riverside County. The Office on Aging conducts community needs assessments and public hearings on the transportation needs of seniors and adults with disabilities, and makes this information available to the CTSAs. -------------------------------------------------------------------------------- Page 4 Response to Grand Jury Report Page 3 * - - . The Advisory Council on Aging recently held a public forum on transportation issues affecting seniors and adults with disabilities in Riverside County, and heard extensive testimony from providers and consumers on current transportation programs and resources, and unmet transportation needs. This information was disseminated widely, and also provided a basis for advocating for improved transportation services for seniors and adults with disabilities in the plan that is developed and implemented by the CTSAs. Recommendation #3: Riverside County Transit Authority provides benches, route maps and bus schedules at all public bus stops. Office on Aging agrees with the finding, but has no direct control over Riverside County Transit Authority. This recommendation will be shared with the Advisory Council on Aging to be included in their advocacy efforts for improved and expanded transportation. The Council will ask RCTA to make improvements at bus stops. Recommendation #4: RCOOA immediately hire a minimum of three additional case managers to meet current and expected workloads. The recommendation will be fully implemented within the next 60 days. Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some ti
Nye Frank

Alliance: Factsheets: Elder Abuse and the Law - 0 views

74.125.155.132/search

elder abuse laws

shared by Nye Frank on 27 Jul 09 - Cached
  • Elder Abuse Laws Numerous accounts of maltreatment led policy makers to pass a series of laws intended to protect elderly victim. The passage of the federal Older Americans Act of 1965 (OAA) (3) and the creation of the Vulnerable Elder Rights Protection Program (4) in 1992 were instrumental in promoting state laws to address the needs and concerns of the elderly. The Vulnerable Elder Rights Protection Program legislation promoted advocacy efforts through ombudsmen offices; abuse, neglect and exploitation prevention programs; and legal assistance on behalf of older Americans. It also offered federal funding incentives which made it possible for states to develop and maintain programs designed to assist the elderly. In many respects, state elder abuse laws are patterned after legislation designed to address the problem of child abuse and neglect, and, like the response to child maltreatment, often involve the combined efforts of both criminal justice officials and social services staff. Criminal Elder Abuse Laws In an effort to deter crimes against elderly victims, and to express society's abhorrence toward such offenses, many state legislatures have created special offenses involving crimes against the elderly. Laws criminalizing abuse of the elderly are in effect in all states and the District of Columbia. Generally, these laws define the conduct which constitutes a specific form of abuse, and may make a distinction between abuse committed in a domestic, as opposed to an institutional, setting. At least two states -- Massachusetts and North Carolina -- have laws which subject anyone over the age of 18 who has sufficient means, but neglects or refuses to support a parent who is unable to support him/herself due to age or disability, to a fine or imprisonment. (5)
  • Nye Frank on 27 Jul 09
     
    ivil Remedies A few states have special provisions for the bringing of civil actions by the elderly. If an older person in Nevada suffers personal injury or death caused by abuse or neglect or suffers a loss of money or property by exploitation, the offender may be ordered to pay up to two times the actual damages incurred. If the offender acted with recklessness, oppression, fraud, or malice, the court shall order the person to pay the attorney's fees and costs of the person who initiated the lawsuit. In Georgia, the elderly may recover actual and punitive damages and attorney's fees for injury resulting from unfair or deceptive business practices.
Nye Frank

Search results for 'riverside county corruption' -- MSNBC.com - 0 views

www.msnbc.msn.com/?id=11881780&q=riverside county corruption&p=1&st=1

Riverside County Corruption District Attorney Rod Pacheco Homicide Cover up Sheriff Elder Victim advocacy false

shared by Nye Frank on 06 Mar 09 - No Cached
  • 1 - 9 of 96 results  Sponsored Results RenderSearchAdsNew('ad',numSearchAdTop,adTopTemplate,adTopSponHead,'searchAdTop'); WP: Lawmakers’ profits come under scrutiny - Washington Post-
  • Nye Frank on 06 Mar 09
     
    Riverside County Corruption
Nye Frank

Links to Judo Sites on the Web - 0 views

judoinfo.com/links.htm

Judo Nye Frank homicide racing Noco High Baja Riverside County DA Coroner Corruption

shared by Nye Frank on 12 Mar 09 - Cached
  • Nye Frank on 12 Mar 09
     
    Ty Reddish 27 attacked a 68 year old man. Jumped up hit him, grabbed him by the head, dropped his feet, to pull Nye Frank to the ground by his head. Then Ty stood up and jumped and came down on Nye Franks back with his knees. While Nye was passed out he grabbed him by the belt and shirt and turned him over. Jumping and bouncing on his chest to smother him and choking him while completly passed out. Nye's both rib cages broken. All of this while Lee Frank begging him to stop. He did not stop till Lee had gotten the car and driving toward him. Nye came to and was able to get into the car. He tried to talk but Lee could not understand him. He died within 3 minutes. The Riverside Coroner has natural cause of death and homicide. Mike Rushton and Daima Calhoun closed the case administratively( small meeting). Let Ty out of jail while on probation and while Ty and his family harassed, stalked Lee Frank and family said there was nothing they could do. They refused to release the sheriff report and autopsy till we got a Victims org to tell them illegal. Mike Rushton was telling Lee Nye did not have any injuries and died of a heart attack. Riverside DA office told Lee they did not have a elder advocate to help her. But the DA got a award for Elder victims advocacy.
  • Nye Frank on 12 Mar 09
Nye Frank

Judo Chokes (shimewaza) -- choking techniques - 0 views

judoinfo.com/chokes.htm

judo choking strangulation smother Ty Reddish Phil Norco High Competiton killer 68 year old man nye frank racing baja

shared by Nye Frank on 12 Mar 09 - Cached
  • Nye Frank on 12 Mar 09
     
    Ty Reddish 27 attacked a 68 year old man. Jumped up hit him, grabbed him by the head, dropped his feet, to pull Nye Frank to the ground by his head. Then Ty stood up and jumped and came down on Nye Franks back with his knees. While Nye was passed out he grabbed him by the belt and shirt and turned him over. Jumping and bouncing on his chest to smother him and choking him while completly passed out. Nye's both rib cages broken. All of this while Lee Frank begging him to stop. He did not stop till Lee had gotten the car and driving toward him. Nye came to and was able to get into the car. He tried to talk but Lee could not understand him. He died within 3 minutes. The Riverside Coroner has natural cause of death and homicide. Mike Rushton and Daima Calhoun closed the case administratively( small meeting). Let Ty out of jail while on probation and while Ty and his family harassed, stalked Lee Frank and family said there was nothing they could do. They refused to release the sheriff report and autopsy till we got a Victims org to tell them illegal. Mike Rushton was telling Lee Nye did not have any injuries and died of a heart attack. Riverside DA office told Lee they did not have a elder advocate to help her. But the DA got a award for Elder victims advocacy.
  • Nye Frank on 12 Mar 09
  • Nye Frank on 12 Mar 09
     
    Ty Reddish 27 attacked a 68 year old man. Jumped up hit him, grabbed him by the head, dropped his feet, to pull Nye Frank to the ground by his head. Then Ty stood up and jumped and came down on Nye Franks back with his knees. While Nye was passed out he grabbed him by the belt and shirt and turned him over. Jumping and bouncing on his chest to smother him and choking him while completly passed out. Nye's both rib cages broken. All of this while Lee Frank begging him to stop. He did not stop till Lee had gotten the car and driving toward him. Nye came to and was able to get into the car. He tried to talk but Lee could not understand him. He died within 3 minutes. The Riverside Coroner has natural cause of death and homicide. Mike Rushton and Daima Calhoun closed the case administratively( small meeting). Let Ty out of jail while on probation and while Ty and his family harassed, stalked Lee Frank and family said there was nothing they could do. They refused to release the sheriff report and autopsy till we got a Victims org to tell them illegal. Mike Rushton was telling Lee Nye did not have any injuries and died of a heart attack. Riverside DA office told Lee they did not have a elder advocate to help her. But the DA got a award for Elder victims advocacy.
Nye Frank

federal statutes Honorable Dirk Kempthorne , James E. Cason, Secretary of the Interior ... - 0 views

74.125.155.132/search

42 USC civil rights violations

shared by Nye Frank on 27 Jul 09 - Cached
  • Nye Frank on 27 Jul 09
     
    Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa
  • Nye Frank on 27 Jul 09
     
    Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa
Nye Frank

FindLaw | Cases and Codes - 0 views

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

uscs 1983 and wrongful death under california state law

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

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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