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Nye Frank

conspiracy, immunity court - 0 views

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    Results 1 - 10 for official immunity for conspiracy with Safesearch on. (0.16 seconds) Ads by Google Officiel at Amazon Great Deals On Magazines. Save Up To $10 Today! Amazon.com/magazines Immunity Symptoms, Causes, Treatments of Immunity www.Healthline.com Custom Search official immunity - definition of official immunity by the Free ... Meaning of official immunity. Pronunciation of official immunity. Translations of official immunity. ... Official Handbook of the Vast Right-Wing Conspiracy ... www.thefreedictionary.com/official+immunity Official Government Conspiracy Theory - What does OGCT stand for ... Definition of Official Government Conspiracy Theory in the list of acronyms and abbreviations provided by the ... official immunity · official information ... acronyms.thefreedictionary.com/Official+Government+Conspiracy+Theory Does hospital's sovereign immunity cover its CEO? | North America ... ... defamation, conspiracy, and statutory violations that allegedly damages his ... Jacobson was entitled to official immunity as to all claims against him, ... www.allbusiness.com/human-resources/employee-development-leadership/855264-1.html 729 F.2d 1128 participated in the Defendants' conspiracy by accepting those bribes. .... Marino, 613 F.2d 4 (2d Cir.1980) (official immunity applies to civil damage and ... bulk.resource.org/courts.gov/c/F2/729/729.F2d.1128.83-1819.html FindLaw | Cases and Codes Mowbray alleges a § 1983 claim for conspiracy to violate her civil rights, ... Police officers are entitled to official immunity from suits arising out of ... caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=5th&navby=case&no=0040504cv0 274 F.3d 269 Hesskew and Robertson cannot be liable under § 1983 for conspiracy to .... Police officers are entitled to official immunity from suits arising out of ... bulk.resource.org/courts.gov/c/F3/274/274.F3d.269.00-41229.00-40504.html THE SUPREME COURT: OFFICI
Nye Frank

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

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    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
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    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
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    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

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

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    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
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    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

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

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

nye frank drag racing, craig breedlove - Google Search - 0 views

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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
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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 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
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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
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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
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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

Justice For Nye Frank, Court documents filed Riverside County - 0 views

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    There is over 20 officials that have participated in the cover up of homicide of 68 year old Nye Frank. That means that 20 people are owe favors to each other to help cover up crimes for family and friends. Nye and Lee never have had issues with the law. We never expected him to be killed. Lee witnessed the whole thing. Then the stalking and revictiming from officials has been devistating to the family.
Nye Frank

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

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

538 F2d 10 Torres v. Sachs S Velez | Open Jurist - 0 views

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    Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai
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    Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai
Nye Frank

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

  • 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
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    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
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    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

unclaimed crime victim funds in riveriside county - Google Search - 0 views

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    1. Santa Clara County crime-victim services in turmoil | MercuryNews ... 3 posts - Last post: Apr 20 Also the Riverside County Supervisors use unclaimed victim funds to other programs. When you have one agency in too much control you invite ... forums.mercurynews.com/.../santa-clara-county-crime-victim-services-in-turmoil - Cached - Similar - 2. IE Chatter: Riverside DA Rod Pacheco Embroiled in Controversy And why is the victims funds under a privacy act in Riverside County? ... funds denied to Lee Frank the unclaimed funds the county takes after 3 years of being unclaimed. .... Its a hate crime with the officials back turned on a elder. ... www.iechatter.com/.../riverside-da-rod-pacheco-embroiled-in-controversy.html - Cached - Similar - 3. [PDF] RESOLUTION NO. 2005- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ... File Format: PDF/Adobe Acrobat - View as HTML county treasurer to perform on its behalf the disbursement of these funds. ... collected on behalf of victims that have been unclaimed for three or more ... This letter is to request the disbursement of funds, from the Victim's of Crime Restitution ... Agriculture, to purchase a building at 1306 Riverside Drive. ... www.co.lassen.ca.us/govt/dept/county_clerk/.../DO_9143.pdf - Similar - 4. San Bernardino County News for July 2009 - Topix Jul 10, 2009 ... A recent grand jury report says Riverside County could save money by ... Glenn Created: 07/14/2009 01:54:54 PM PDT A homicide victim whose body was .... FBI investigating fatal blast at a San Bernardino County home as a hate crime ... of a 66-year-old woman whose body has gone unclaimed for 10 days. ... www.topix.com/county/san-bernardino-ca/2009/07 - Cached - Similar - 5. LIST OF NEW UNCLAIMED FUNDS FOR THE LAST SIX MONTHS STASTNY RICHARD, 315 RIVERSIDE DR APT 17D, NEW YORK, NY, 10025. 37400735/31002275 .... STATE OF NY CRIME VICTIMS BOARD 845, 845 C
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    1. Santa Clara County crime-victim services in turmoil | MercuryNews ... 3 posts - Last post: Apr 20 Also the Riverside County Supervisors use unclaimed victim funds to other programs. When you have one agency in too much control you invite ... forums.mercurynews.com/.../santa-clara-county-crime-victim-services-in-turmoil - Cached - Similar - 2. IE Chatter: Riverside DA Rod Pacheco Embroiled in Controversy And why is the victims funds under a privacy act in Riverside County? ... funds denied to Lee Frank the unclaimed funds the county takes after 3 years of being unclaimed. .... Its a hate crime with the officials back turned on a elder. ... www.iechatter.com/.../riverside-da-rod-pacheco-embroiled-in-controversy.html - Cached - Similar - 3. [PDF] RESOLUTION NO. 2005- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ... File Format: PDF/Adobe Acrobat - View as HTML county treasurer to perform on its behalf the disbursement of these funds. ... collected on behalf of victims that have been unclaimed for three or more ... This letter is to request the disbursement of funds, from the Victim's of Crime Restitution ... Agriculture, to purchase a building at 1306 Riverside Drive. ... www.co.lassen.ca.us/govt/dept/county_clerk/.../DO_9143.pdf - Similar - 4. San Bernardino County News for July 2009 - Topix Jul 10, 2009 ... A recent grand jury report says Riverside County could save money by ... Glenn Created: 07/14/2009 01:54:54 PM PDT A homicide victim whose body was .... FBI investigating fatal blast at a San Bernardino County home as a hate crime ... of a 66-year-old woman whose body has gone unclaimed for 10 days. ... www.topix.com/county/san-bernardino-ca/2009/07 - Cached - Similar - 5. LIST OF NEW UNCLAIMED FUNDS FOR THE LAST SIX MONTHS STASTNY RICHARD, 315 RIVERSIDE DR APT 17D, NEW YORK, NY, 10025. 37400735/31002275 .... STATE OF NY CRIME VICTIMS BOARD 845, 845 CENT
Nye Frank

FindLaw | Cases and Codes - 0 views

  • To sustain a S 1983 civil rights action, a plaintiff must show "(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that [such] conduct deprived the plaintiff of a federal constitutional or statutory right." 2 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989), cert. denied, 498 U.S. 938 (1990). Here, it is undisputed that defendants were acting under color of state law. At issue here is whether Officer Smith, the Sacramento County Sheriff's Department, or Sacramento County engaged in conduct that deprived Lewis of a federally protected righ
  • F.2d 272 (6th Cir. 1990) (noting that the Supreme Court's reasoning in Tennessee v. Garner, 471 U.S. 1 (1985), likely "preserve[d] Fourteenth Amendment substantive due process analysis for those instances in which a free citizen is denied his or her constitutional right to life through means other than a law enforcement official's arrest, investigatory stop or other seizure"), cert. denied, 498 U.S. 851 (1990).
  • But when a law enforcement officer arbitrarily acts to deprive a person of life and personal security in the course of pursuing his official duties, constitutional due process rights may be implicated. Daniels, 474 U.S. at 331 ("The touchstone of due process is protection of the individual against arbitrary action of government."). Section 1983 "contains no state-of-mind requirement independent of that necessary to state a violation of the underlying constitutional right." Daniels, 474 U.S. at 330 . See Daniels, 474 U.S. at 330 . The underlying constitutional rights at issue here are substantive due process rights to life and liberty or personal security. In Daniels, the Supreme Court held that where an official's or government entity's conduct constitutes mere negligence, no substantive due process violation occurs. Daniels, 474 U.S. at 328 . Daniels expressly left open the question whether something less than intentional conduct such as recklessness or gross negligence would suffice "to trigger the protections of the Due Process Clause." Id. at 334 n.3. But in City of Canton v. Harris, 489 U.S. 378 (1989), the Court held that nonintentional government conduct can violate the Due Process Clause and thus lead to S 1983 liability. City of Canton held that a municipality may be liable for a failure to train its employees when such failure demonstrates "deliberate indifference to rights of persons with whom police come into contact." Id. at 388.
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  • Five circuits have addressed S 1983 liability in the context of high-speed pursuits. These circuits have applied various labels to the standard of conduct that may lead to liability. See, e.g., Fagan v. City of Vineland, 22 F.3d 1296 (3rd Cir. 1994) (en banc) (overruling previous reckless indifference standard and adopting shocks the conscience standard); Medina v. City and County of Denver, 960 F.2d 1493, 1496 (10th Cir. 1992) (reckless disregard); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 723 (4th Cir. 1991) (shocks the conscience), cert. denied, 502 U.S. 1095 (1992); Roach v. City of Fredericktown, 882 F.2d 294, 297 (8th Cir. 1989) (holding gross negligence insufficient but not stating what standard should be applied); Jones v. Sherrill, 827 F.2d 1102, 1106 (6th Cir. 1987) (holding gross negligence or outrageous conduct sufficient in some circumstances). 4
  • In one such due process case, we held that either "gross negligence, recklessness, or `deliberate indifference'" was sufficient to state a substantive due process violation. Wood v. Ostrander, 851 F.2d 1212, 1214 (9th Cir. 1988) ("Wood
  • I"), reh'g granted and opinion modified by, 879 F.2d 583 (9th Cir. 1989) ("Wood II"), cert. denied, 498 U.S. 938 (1990). Relying on the standard set out in Wood I, we later held that "grossly negligent or reckless official conduct that infringes upon an interest protected by the Due Process Clause is actionable under S 1983." Fargo v. City of San Juan Bautista, 857 F.2d 638 (9th Cir. 1988). But Fargo's grossly negligent standard was explicitly based on Wood I, which was modified on rehearing and superseded by Wood II. In Wood II, we stepped back from the grossly negligent standard. We noted that an intervening Supreme Court decision, City of Canton, 489 U.S. 378 , had called into question this standard as set forth in Wood I and Fargo. Wood II, 879 F.2d at 588.
  • In Fargo, we defined gross negligence as "`more than ordinary inadvertence or inattention, but less perhaps than conscious indifference to the consequences.'" Fargo, 857 F.2d at 641 (quoting W. Page Keeton et al., Prosser and Keeton on the Law of Torts S 34, at 212 (5th ed. 1984)). We also noted that an officer's state of mind is not an issue in a claim based on gross negligence, "although the contrary may be true where the claim involves recklessness." Id. at 642. Although we declined to decide whether an innocent state of mind would negate recklessness or "whether recklessness may be presumed conclusively from conduct," we did note that recklessness and deliberate indifference are equivalent in the sense that they both generally refer to conduct involving "a `conscious disregard' of public safety." Id. at 642 n.7. We also said that, "where state officials have notice of the possibility of harm, `negligence can rise to the level of deliberate indifference to or reckless disregard for' the victim." Id. (quoting Davidson v. Cannon, 474 U.S. 344, 357 (1986) (Blackmun, J., dissenting)). Because we concluded that a triable issue of fact remained as to whether the police officer's conduct might have been grossly negligent, we found it unnecessary to determine whether the officer's conduct might have risen to the more culpable standard of recklessness. Id. at 643
  • In Wood II, we redefined the standard forS 1983 substantive due process violations by police officers. As explained above, we recognized that the Supreme Court's decision in City of Canton, 489 U.S. 378 , had called into question our decisions in Wood I and Fargo that gross negligence was sufficient. Wood II, 879 F.2d at 588. Analyzing the facts in Wood under City of Canton's deliberate indifference standard, we concluded that there remained a genuine issue of material fact as to whether the police officer in Wood had been deliberately indifferent to the plaintiff's interest in her personal security. Id. at 588.
  • Wood II makes clear that, in this circuit, an officer can be held liable for a S 1983 claim if that officer's conduct is delib erately indifferent to or in reckless disregard of a person's right to life and personal security.
  • Here, plaintiffs have alleged that Officer Smith violated the Sacramento County Sheriff's Department General Order regarding pursuits ("General Order")6 by instituting and then continuing the pursuit even when a reasonable officer would have known that to do so was in reckless disregard of Lewis's and Willard's safety. A violation of police procedures is relevant to determine whether a substantive due process violation has occurred. Fargo, 857 F.2d at 642. Police procedures are designed, in part, to guide officers when they engage in conduct that poses a serious risk of harm to either a suspect or to the general public. See id.
  • The General Order requires an officer to communicate his intention to pursue a vehicle to the sheriff's department dispatch center. But defendants concede that Smith did not contact the dispatch center. The General Order requires an officer to consider whether the seriousness of the offense warrants a chase at speeds in excess of the posted limit. But here, the only apparent "offense" was the boys' refusal to stop when another officer told them to do so. The General Order requires an officer to consider whether the need for apprehension justifies the pursuit under existing conditions. Yet Smith apparently only "needed" to apprehend the boys because they refused to stop. The General Order requires an officer to consider whether the pursuit presents unreasonable hazards to life and property. But taking the facts here in the light most favorable to plaintiffs, there existed an unreasonable hazard to Lewis's and Willard's lives. The General Order also directs an officer to discontinue a pursuit when the hazards of continuing outweigh the benefits of immediate apprehension. But here, there was no apparent danger involved in permitting the boys to escape. There certainly was risk of harm to others in continuing the pursuit.
  • In City of Canton the Supreme Court held that deliberate indifference was the minimum standard of culpability necessary to maintain a S 1983 due process action against a municipality for a policy or custom of inadequate training of police officers. City of Canton, 489 U.S. at 388 . The Court reasoned that a municipality's inadequate training of its employees can only constitute a "policy or custom" when such inadequate training "evidences a `deliberate indifference' to the rights of its inhabitants." Id. at 389. But the Court also specified that the deliberate indifference standard "does not turn upon the degree of fault (if any) that a plaintiff must show to make out an underlying claim of a constitutional violation." Id. at 388 n.8. City of Canton thus did not explicitly overrule our decisions in either Wood I or Fargo because they involved claims of substantive due process violations against individual police officers.
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    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
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    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
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    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
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    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
Nye Frank

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

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

Homicide: A Sourcebook of Social ... - Google Book Search - 0 views

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    Homicide: A Sourcebook of Social Research - Google Books Resultby M. Dwayne Smith, Margaret A. Zahn - 1998 - Social Science - 356 pages Justifiable homicide is defined as the killing of a person by a peace officer ... Exceptional clearances refer to the administrative closing of cases for a ... books.google.com/books?isbn=0761907653... Homicide StudiesThis is an exploratory study of exceptional clearances using homicide data from .... if police departments are following FBI guidelines ... The police in D.C. frequently close cases in ways that are called "administrative" or "by ... hsx.sagepub.com/cgi/reprint/11/2/151.pdf - Similar pages - by M Riedel - 2007 - Cited by 3 - Related articles - All 3 versions [PDF] Chapter 5
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    Riverside Homicide Cover up by Officials
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    Nye Frank
Nye Frank

prosecuting the prosecutors misconduct - Google Image Search - 0 views

shared by Nye Frank on 08 Mar 09 - Cached
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    Images Showing: All image sizesExtra Large imagesLarge imagesMedium imagesSmall images Any contentNews contentFacesClip artLine drawingsPhoto content Results 1 - 18 of about 42,300 (0.15 seconds) St. Charles County Prosecuting ... 640 x 480 - 69k blogs.riverfronttimes.com ... of misconduct by the prosecutor . 166 x 236 - 10k - jpg crookedcountycrooks.wordpress.com She can't do the job of prosecutor . 305 x 159 - 23k - jpg www.northcountrygazette.org ... in prosecuting misconduct by ... 281 x 293 - 27k - jpg www.op.nysed.gov POLICE MISCONDUCT . The law office ... 350 x 350 - 26k - jpeg zayaslawfirm.com Charges of perjury and misconduct ... 292 x 219 - 20k - jpg www.cnn.com The Morgan County prosecuting ... 290 x 400 - 9k - jpg blogs.kansascity.com Why Prosecuting Police Misconduct ... 320 x 238 - 16k - jpg injusticeinseattle.blogspot.com ... employer prosecuting the paper. 300 x 308 - 40k - jpg truthinjustice.org [ More from www.truthinjustice.org ] After prosecuting official ... 600 x 350 - 65k - jpg images.businessweek.com The prosecutor trying the case, ... 480 x 271 - 86k - gif www.californiacriminallawyerblog.com POLICE/ PROSECUTOR MISCONDUCT 272 x 114 - 9k - jpg truthinjustice.org Eaton County Prosecuting Attorney ... 250 x 323 - 10k - jpg 207.74.121.45 ... the prosecuting attorney for ... 548 x 399 - 73k - jpg www.stateline.org Yury Chaika, the Prosecutor General, ... 280 x 210 - 8k - jpg www.theotherrussia.org Jennifer Lafleur, who writes the ... 400 x 311 - 15k - jpg gritsforbre
Nye Frank

Convert Your Annotations to Blog Posts with 1-click - 0 views

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    Elder Homicide, Nye Frank Racing Nye Frank -Built race cars for Mickey Thompson, Garlets, Breedlove the list goes on. Freight Train- Dragster-Induction into International Dragster Hall of Fame. Riverside County Homicide Victim Cover up by officials tags: Nye, Frank, Racing, Score, Race, Dezert, dusty, times, Drag, racing, land, speed, cars, autos My Bookmarks tagged nye frank tags: Nye, Frank, Riverside, County, Homicide, Coverup, Elder, Victim, Strangulation Flickr: Search tags: Nye, Frank Nye Frank tags: Nye, Frank FAMED BUILDER NYE FRANK DIES | Article from Dirtsports | HighBeam Research 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: tags: Nye, Frank, Racing Magazine article from our research archive: 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.
Nye Frank

Judges have wide range of discretion in sentences : North County Times - Californian 08... - 1 views

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    Even in Homicide of a Elder by a man 40 years younger. Sad to say that my dad was proud to be a American, a past fireman, and had a passion for his work. He took exceptional care of his property and a small business man in Riverside County. He built Race cars and was a famous builder of dragsters, off road cars and Jet cars that held 6 land speed records. The audio of the sheriff interview of the killers father has him tell who in the DA office will help him to get this covered up. Now even going to court the Supervisors are trying to have a false statement put into court to prevent justice. It is very ugly. People need to be active in holding officials accountable. Nye and lee Frank never had a problem with the law. They never guessed this would happen. The killer was so savvy he bent down and bragged how he strangled and used judo moves on the elder, avoiding the video he thought.
Nye Frank

racingnyefrank: Riverside County Crimes to by officials- Victims with Disabiliti - 0 views

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    The signs and symptoms of domestic violence for people with disabilities are similar to those of other forms of domestic violence. They may include physical violence, sexual assault, and emotional and/or psychological abuse. Victims with disabilities face unique barriers: * The abuser may be the victim's intimate partner, parent, or child as well as the primary caregiver. * The abuser may be the sole sign language interpreter. * Service availability and accessibility may be limited. * Providers and others may not understand the victim or the victim may not have language skills to describe the abuse. To exert power and control, the abuser may: * Isolate the victim from family, friends, and other community members. * Refuse or fail to provide basic life necessities such as food and water, medication, personal hygiene care, shelter, and comfort. * Threaten the victim with total abandonment. * Refuse to transport the victim to essential medical appointments. * Withhold financial support or deposit the victim's funds into their own personal account. * Withhold the use of their TTY device. As a victim with a disability, where can I find help in New York City? Legal Rights In New York City, it is against the law to intentionally cause physical injury to someone or put someone in fear of physical injury. Victims of domestic violence who are in danger should call 911 or have a friend or neighbor call 911 immediately. Victims may also go to the nearest police station for help. Hotlines New York City's 24-hour, toll-free, all-language Domestic Violence Hotline can help victims of domestic violence with disabilities to find appropriate support and shelter services. The domestic violence hotline maintains a comprehensive list of service agencies in New York City to meet the specific needs of all victims. Please call the hotline at 800-621-HOPE (4673) or TTY 800-810-7444 for more information. Barrier Free Livi
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    The signs and symptoms of domestic violence for people with disabilities are similar to those of other forms of domestic violence. They may include physical violence, sexual assault, and emotional and/or psychological abuse. Victims with disabilities face unique barriers: * The abuser may be the victim's intimate partner, parent, or child as well as the primary caregiver. * The abuser may be the sole sign language interpreter. * Service availability and accessibility may be limited. * Providers and others may not understand the victim or the victim may not have language skills to describe the abuse. To exert power and control, the abuser may: * Isolate the victim from family, friends, and other community members. * Refuse or fail to provide basic life necessities such as food and water, medication, personal hygiene care, shelter, and comfort. * Threaten the victim with total abandonment. * Refuse to transport the victim to essential medical appointments. * Withhold financial support or deposit the victim's funds into their own personal account. * Withhold the use of their TTY device. As a victim with a disability, where can I find help in New York City? Legal Rights In New York City, it is against the law to intentionally cause physical injury to someone or put someone in fear of physical injury. Victims of domestic violence who are in danger should call 911 or have a friend or neighbor call 911 immediately. Victims may also go to the nearest police station for help. Hotlines New York City's 24-hour, toll-free, all-language Domestic Violence Hotline can help victims of domestic violence with disabilities to find appropriate support and shelter services. The domestic violence hotline maintains a comprehensive list of service agencies in New York City to meet the specific needs of all victims. Please call the hotline at 800-621-HOPE (4673) or TTY 800-810-7444 for more information. Barrier Free Livi
Nye Frank

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

  • 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
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    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
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    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
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    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
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