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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

In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime.

All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting

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

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)

The "Power and Control Wheel," illustrates that domestic violence is a cyclical pattern of physical and/or sexual violence by an abuser to exert power, establish control over, and diminish the independence of the victim. At the center of the wheel lies the cause of the violence -- the need for power and control. Violent acts or the threat of acts of violence serve as the rim of the wheel while varying types of behaviors, primarily psychological/emotional in nature, act as the spokes of the wheel to facilitate the establishment of power and control. 23 Specifically the abuser may use coercion and threats to harm a victim; intimidation through gestures or destruction of property; emotional abuse such as humiliation; isolation from family and friends; economic abuse; use of children as pawns in obtaining power and control; male privilege; or minimizing the abuse, denying that abuse occurred, and blaming the victim for the abuse, as means to control the victim. It is the use of violence that reinforces the ability of the abuser to use these various other psychological and emotional behaviors to dominate the victim. 24 Added to the complexity of the dynamics of domestic violence are the special fears, concerns, and needs of the victims of such violence

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

California   APS: Cal. Welf. & Inst. Code §§ 15600 through 15766 (Encompasses the Elder Abuse and Dependent Adult Civil Protection Act in Chapter 11, Protective Placements and Custody of Endangered Adults in Chapter 12,           and Adult Protective Services in Chapter 13)Inst. Abuse: N/A LTCOP: Cal. Welf. & Inst. Code §§ 9700 through 9745