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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

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

www.constitution.org/...winter_standing.htm

standing selfgovernance

shared by Nye Frank on 31 Jul 09 - Cached
  • The democracy conundrum The most appealing justification of standing law is that, in preserving the separation of powers, it protects the majoritarian political process from undue intrusion by the unelected judiciary. But not all issues are amenable to the political process. All too often, the inevitable consequence of a decision denying standing is "that the most injurious and widespread Governmental actions c[an] be questioned by nobody." n60 In those cases, standing law undermines the notion of accountability that supports a constitutional system premised on the rule of law. In Sections VI C and D, I propose a means of recapturing these values.
  • Nye Frank on 31 Jul 09
     
    The traditional answer places heavy emphasis on the function of the common law writ system to do the work now done by the concept of standing. n27 According to this analysis, the concept of standing could only arise after the breakdown of the writ system and of common law pleading. Standing then developed as an elaboration of the essence of the private causes of action previously embodied in the writs. n28 As such, the modern concept of standing, with its focus on injury-in-fact, is thought to be only the preservation of the private rights model n29 of adjudication known to the Framers.
  • ...5 more comments...
  • Nye Frank on 31 Jul 09
     
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
  • Nye Frank on 31 Jul 09
     
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  • Nye Frank on 31 Jul 09
     
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  • Nye Frank on 31 Jul 09
     
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
  • Nye Frank on 31 Jul 09
     
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  • Nye Frank on 31 Jul 09
     
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
  • Nye Frank on 31 Jul 09
     
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
Nye Frank

27. H.R.448 : To protect seniors in the United States from elder abuse by establishing ... - 0 views

www.google.com/search

h.r.448 protect elders consgress legislation

shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
     
    le Advanced Search Preferences Web Hide optionsShow options... Results 1 - 10 of about 161 for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. (0.55 seconds) Search Results Results include your SearchWiki notes for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. Share these notes Copy and paste this link into an email or IM: See a preview of the shared page 1. STOP ELDER ABUSE - SUPPORT VICTIMS ACT- HR 448 - The Petition Site To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.thepetitionsite.com/.../support-the-elder-abuse-victims-act---hr-448 - Cached - Similar - 2. Stop Elder Abuse - PASS Elder Abuse Victims Act HR 448 - The ... To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid .... 2:27 pm PDT, Jun 26, Susanne Prahl, Wisconsin Elder Abuse must be addressed! ... www.thepetitionsite.com/.../stop-elder-abuse---pass-elder-abuse-victims-act-hr-448 - Cached - Similar - 3. H.R.448: Elder Abuse Victims Act of 2009 - U.S.... OpenCongress To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.opencongress.org/bill/111-h448/show - Cached - Similar - 4. Search Results - THOMAS (Library of Congress) H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... Latest Major Action: 4/27/2009 Referred to House subcommittee. ... thomas.loc.gov/cgi-bin
  • Nye Frank on 29 Jul 09
     
    le Advanced Search Preferences Web Hide optionsShow options... Results 1 - 10 of about 161 for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. (0.55 seconds) Search Results Results include your SearchWiki notes for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. Share these notes Copy and paste this link into an email or IM: See a preview of the shared page 1. STOP ELDER ABUSE - SUPPORT VICTIMS ACT- HR 448 - The Petition Site To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.thepetitionsite.com/.../support-the-elder-abuse-victims-act---hr-448 - Cached - Similar - 2. Stop Elder Abuse - PASS Elder Abuse Victims Act HR 448 - The ... To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid .... 2:27 pm PDT, Jun 26, Susanne Prahl, Wisconsin Elder Abuse must be addressed! ... www.thepetitionsite.com/.../stop-elder-abuse---pass-elder-abuse-victims-act-hr-448 - Cached - Similar - 3. H.R.448: Elder Abuse Victims Act of 2009 - U.S.... OpenCongress To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.opencongress.org/bill/111-h448/show - Cached - Similar - 4. Search Results - THOMAS (Library of Congress) H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... Latest Major Action: 4/27/2009 Referred to House subcommittee. ... thomas.loc.gov/cgi-bin
Nye Frank

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

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

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
Nye Frank

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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

Illinois Pro Bono | Senior Citizens Handbook - Protection from Abuse and Neglect - 0 views

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senior handbood

shared by Nye Frank on 30 Jul 09 - Cached
  • Nye Frank on 30 Jul 09
     
    PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A
  • Nye Frank on 30 Jul 09
     
    PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A
Nye Frank

esperanzafire.html - 0 views

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Esperanza fire Nye Frank elder homicide 6th fireman

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

dlmartin777's Bookmarks on Delicious - 0 views

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sports

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
     
    ESPN: The Worldwide Leader In Sports SAVED PEOPLE10349 ESPN.com provides comprehensive sports coverage. Complete sports information including NFL, MLB, NBA, College Football, College Basketball scores and news. ESPN: The Worldwide Leader In Sports SAVED PEOPLE 10349 ESPN.com provides comprehensive sports coverage. Complete sports information including NFL, MLB, NBA, College Football, College Basketball scores and news.
Nye Frank

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Elder Nye Frank DA Rod Pacheco

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

Abuse: Elder Abuse - Google Scholar - 0 views

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Riverside County Elder Abuse Norco High Rod Pacheco Mike Rushton scholar elder

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
     
    Every tactic used by the Riverside DA and Sheriff to Lee Frank, Dawn Breedlove, family members of Nye Frank Who will enforce the Law and make this right?
Nye Frank

Links to Judo Sites on the Web - 0 views

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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, How 27 year old Ty Reddish killed 68 year old Nye Frank - 0 views

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judo Rod Pacheco Mark fajardo Ty Reddish Norco High killer strangulation homicide Phil ol boys club coverup racing baja

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  • 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

elder right to civil legal help - 0 views

www.diigo.com/...g

shared by Nye Frank on 19 Mar 09 - Cached
  • Nye Frank on 19 Mar 09
     
    PDF] The Importance of Collaborating to Secure a Civil Right to CouFile Format: PDF/Adobe Acrobat - View as HTML meaningful access to justice through a civil right to counsel. .... the court found a right to counsel for victims of domestic violence .... denied their right to a fair hearing under Article 6, .... They must secure sufficient funds to support the .... elderly." Resolution on Right to Counsel in Housing Court, ... www.nycourts.gov/ip/partnersinjustice/Right-to-Counsel-Collaboration.pdf ACLU | Transition Plan | First Day, First Hundred Days, First Year ...Fair housing for domestic violence victims. Discrimination remedies ..... The Bush Administration has been attempting to implement a domestic airline .... Appoint all members to the Privacy and Civil Liberties Oversight Board and strongly urge ..... privilege and the right to counsel guaranteed by the Constitution. ... www.aclu.org/transition/ Preventing Violence Against WomenFeb 26, 1999 ... To help break the cycle of violence, the Clinton Administration has made stopping .... Immigration Bill Provision for Domestic Violence Victims ... services and are not denied services due to changes in deeming rules. ... AoA funds state elder abuse prevention programs in all 50 states that focus on ... library.findlaw.com/1999/Feb/26/127977.html Working with Victims of Crime with DisabilitiesOct 1, 2008 ... Historically, all victims of crime have been denied full participation in the criminal justice process. .... Some victims, particularly elderly and those with developmental ..... The Violence Against Women Grants Office and the Civil Rights ... The right to counsel. * The right to reparations. ... www.ojp.usdoj.gov/ovc/publications/factshts/disable.htm Depending on the Kindness of Strangers: Making Civil Gideon a ...Become an Agent of Change: Support JWI's Campaign for Domestic Violence Awareness Month ... Weinberg Elder Abuse Shelter Casts a Broader Safety Net ... violated when indigent
Nye Frank

Does anyone know who was kill... - 0 views

docs.google.com/View

Riverside County Homicide Report information request

shared by Nye Frank on 18 Apr 09 - Cached
  • Nye Frank on 18 Apr 09
     
    Riverside County Homicide April 9th -Have not seen in news. Does anyone know who the man was that was killed in RV off of 243 on Friday April 9th. We keep looking in the news to see what was reported. What was told at the time was that it was a elder man beat to death to parties stopped waiting to be able to drive home on 243. What the sheriff was guessing he was going too slow and made someone angry. The RV had pulled into a road but looks like got stuck. It was stated he was beat badly. We checked the news several days now and have not seen anything. August 2007 68 year old Nye Frank violently beaten and strangeled off Twin Pines near 243 in front of his wife 73 year old Lee Frank. The killer 27 year old Ty Reddish who is said to be a very bad hot head was let out of jail without charges. The DA closed in a administrative meeting. Ty is professionally trained in Judo by his father Phil Reddish a wrestling coach at Norco High. Ty was released from jail and proceeded to stalk Lee, her family and her neighbors for months with his family. Phil states he has friends at DA office that helped him in sheriff audio. My mother Lee Frank and I went to the mail box on April 4th, Ty was driving by and swerved toward us and then made the tires make noice to race off to intimidate and scare us. If you have any information please email to nyefrankracing@hotmail.com http://nyefrank.typepad.com/
Nye Frank

Defense attorney claims he has proof of misconduct by Santa Clara County prosecutors - ... - 0 views

www.mercurynews.com/...ci_12102024

Mercury news Prosecutor misconduct Nye Frank Riverside County

shared by Nye Frank on 09 Apr 09 - No Cached
  • Nye Frank on 09 Apr 09
     
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Nye Frank

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

209.85.173.132/search

conspiracy case

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    SEYMOUR , Chief Judge. After a joint jury trial, co-defendants Ardashir (aka Ardie) and Daryoush (aka Steve), along with Jalal (aka Jack) Rahseparian, were convicted of conspiracy to commit mail fraud, mail fraud, and money laundering. All three appealed. Jack's appeal is addressed in the companion opinion, see United States v. Rahseparian, No. 99-6031 (Nov. 7, 2000). Ardie contends on appeal that the evidence is insufficient to sustain his conviction. Ardie and Steve contend a new trial is necessary due to the prosecutor's comment on their failure to testify in violation of Griffin v. California, 380 U.S. 609 (1965). Steve further claims a new trial is required because of certain incriminating hearsay statements elicited by the prosecutor in violation of Bruton v. United States, 391 U.S. 123 (1968). We affirm. I BACKGROUND Ardie and Steve Rahseparian are the sons of Jack Rahseparian. At the time of the conduct for which they were charged, Steve resided in Altoona, Pennsylvania, Ardie resided in Fort Smith, Arkansas, and Jack resided and worked in Shawnee, Oklahoma. The government contended at trial that Ardie and Steve Rahseparian formed Genesis Marketing, a telemarketing company, through which they and their father conspired to commit and did commit mail fraud from May 1994 to May 1995. The government further successfully argued that Ardie, Steve, and Jack Rahseparian laundered the proceeds from the telemarketing scheme through Jack's business checking accounts. Brad Russell, the company's only employee other than the Rahseparians themselves, testified on behalf of the government. Mr. Russell was a personal friend of Ardie. The two worked out of Ardie's apartment in Fort Smith as the sole telemarketers for Genesis Marketing. Mr. Russell testified that he and Ardie would entice customers over the telephone to buy products, such as water purifiers and "Say No to Drugs" kits, at highly inflated pric
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