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Nye Frank

FindLaw | Cases and Codes - 0 views

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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

OFFICE OF THE DISTRICT ATTORNEY - 0 views

74.125.155.132/custom

attorney da ethics

shared by Nye Frank on 03 Aug 09 - Cached
  • Nye Frank on 03 Aug 09
     
    Page 1 Final Report CJ - 1 OFFICE OF THE DISTRICT ATTORNEY AN IN-DEPTH INVESTIGATION Prepared by 2001-2002 Orange CountyGrand Jury June, 2002 Page 2 CJ - 2 2001-2002 Orange County Grand Jury COMMENDATIONS There are many men and women: managers, deputy district attorneys, and investigators in the Office of the District Attorney who have demonstrated great professionalism and integrity. They have worked in their offices, entered the courts, and gone into the streets to insure that the criminal justice system in Orange County is held to the highest standards. The 2001-2002 Orange County Grand Jury extends its highest commendation to these dedicated public servants and asks that the electorate of the county join us in this commendation. Page 3 Final Report CJ - 3 TABLE OF CONTENTS Page COMMENDATIONS......................................................................................................... 2 TABLE OF CONTENTS.................................................................................................... 3 EXECUTIVE SUMMARY ................................................................................................ 5 INTRODUCTION .............................................................................................................. 7 Major Accomplishments of the District Attorney's Office under the Current Administration............................................................................................................ 7 INITIATION OF THE INVESTIGATION & METHOD OF STUDY ............................. 9 ORGANIZATIONAL RESTRUCTURE - Attorney Positions ....................................... 11 Factual Background - Post 1998 Campaign............................................................. 11 Findings..................................................................................................................... 15 Recommendations ......................................................................................
  • Nye Frank on 03 Aug 09
     
    Page 1 Final Report CJ - 1 OFFICE OF THE DISTRICT ATTORNEY AN IN-DEPTH INVESTIGATION Prepared by 2001-2002 Orange CountyGrand Jury June, 2002 Page 2 CJ - 2 2001-2002 Orange County Grand Jury COMMENDATIONS There are many men and women: managers, deputy district attorneys, and investigators in the Office of the District Attorney who have demonstrated great professionalism and integrity. They have worked in their offices, entered the courts, and gone into the streets to insure that the criminal justice system in Orange County is held to the highest standards. The 2001-2002 Orange County Grand Jury extends its highest commendation to these dedicated public servants and asks that the electorate of the county join us in this commendation. Page 3 Final Report CJ - 3 TABLE OF CONTENTS Page COMMENDATIONS......................................................................................................... 2 TABLE OF CONTENTS.................................................................................................... 3 EXECUTIVE SUMMARY ................................................................................................ 5 INTRODUCTION .............................................................................................................. 7 Major Accomplishments of the District Attorney's Office under the Current Administration............................................................................................................ 7 INITIATION OF THE INVESTIGATION & METHOD OF STUDY ............................. 9 ORGANIZATIONAL RESTRUCTURE - Attorney Positions ....................................... 11 Factual Background - Post 1998 Campaign............................................................. 11 Findings..................................................................................................................... 15 Recommendations ......................................................................................
Nye Frank

DISTRICT ATTORNEY CORRUPTION?: TWO VIEWS ON DA COOLEY'S RECORD - 0 views

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inland empire corruption Riverside County Rod Pacheco Nye Frank Racing baja

shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    Joe Banana So. Cal. Posted: 10:54 pm [PST] on March 22 2009 Another shining example of government at it's most corrupt. www.jail4judges.org Dawn Banning CA Posted: 11:09 pm [PST] on October 14 2008 http://tinyurl.com/4vq2k2I had seen a article about award to Elder Victims Advocate Department in Riverside County. I was shocked and wrote Kim Emmerling the DA advocate we had. She wrote me back that she was leaving that office. I had sent a request for the history of our meetings to her and internal affairs without any reply. Still with internal affairs knowing there was a cover up, proof of it, autopsy corruption along with a laundry list we have had zero help. We just want what the US Constitution says we have a right to. We wrote the attorney general office and gave all the documents. They wrote back that the DA office handles these complaints. There is no where to turn. Nye and Lee Frank both over 65 years old. Adult protective services have been contacted without ever contacting us or even replying to our request. Now the victim has the attacker building a home two doors away. We need help. The following is a letter I wrote the internal Affairshttp://tinyurl.com/4vq2k2pictures pictures of Nye Frank and Ty Reddish. Sheriff and DA office falsely told family that coroner reported heart attack and no injuries. The video of Ty Reddish shows him bending down to avoid being recorded and telling officers how he strangled 68 year old Nye Frank with wrestling moves. The officers laugh, as they are buddies of the Reddish family friends. They did not do a drug test on Ty while on probation for dui and had past drug use, and victim said looked like on drugs. Riverside County Internal Affairs -When I complained they said they can no longer talk to me. Dawn Banning CA Posted: 05:06 am [PST] on October 10 2008 Dawn said: Riverside Judge and DA office stated to Senior no Elder Advocate in Riverside County. When family saw award in paper DA victim advocate quit.
  • Nye Frank on 24 Jul 09
     
    Nye Frank Racing Posted: 10:54 pm [PST] on March 22 2009 Another shining example of government at it's most corrupt. www.jail4judges.org Dawn Banning CA Posted: 11:09 pm [PST] on October 14 2008 http://tinyurl.com/4vq2k2I had seen a article about award to Elder Victims Advocate Department in Riverside County. I was shocked and wrote Kim Emmerling the DA advocate we had. She wrote me back that she was leaving that office. I had sent a request for the history of our meetings to her and internal affairs without any reply. Still with internal affairs knowing there was a cover up, proof of it, autopsy corruption along with a laundry list we have had zero help. We just want what the US Constitution says we have a right to. We wrote the attorney general office and gave all the documents. They wrote back that the DA office handles these complaints. There is no where to turn. Nye and Lee Frank both over 65 years old. Adult protective services have been contacted without ever contacting us or even replying to our request. Now the victim has the attacker building a home two doors away. We need help. The following is a letter I wrote the internal Affairshttp://tinyurl.com/4vq2k2pictures pictures of Nye Frank and Ty Reddish. Sheriff and DA office falsely told family that coroner reported heart attack and no injuries. The video of Ty Reddish shows him bending down to avoid being recorded and telling officers how he strangled 68 year old Nye Frank with wrestling moves. The officers laugh, as they are buddies of the Reddish family friends. They did not do a drug test on Ty while on probation for dui and had past drug use, and victim said looked like on drugs. Riverside County Internal Affairs -When I complained they said they can no longer talk to me. Dawn Banning CA Posted: 05:06 am [PST] on October 10 2008 Dawn said: Riverside Judge and DA office stated to Senior no Elder Advocate in Riverside County. When family saw award in paper DA victim advocate quit. feed:/
Nye Frank

What are the steps to take to show conspiracy, obstruction of justice of homicide victi... - 0 views

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conspiracy obstruction of justice

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    Tip: Save time by hitting the return key instead of clicking on "search" Search Results SurfWax: News, Reviews and Articles On Obstruction Of Justice Codifies the crime of obstruction of justice and makes a violation ... on three counts of vehicular homicide, one count of obstruction of justice and one ... to $4 million from his victims, the Canada Border Services Agency said in a. ..... The court upheld the Bribery, Conspiracy, Obstruction of Justice and two of ... www.lawkt.com/files/ Obstruction_Of_Justice .html - 50k - Cached - Similar pages - Conspiracy (crime) - Wikipedia, the free encyclopedia At common law, the crime of conspiracy was capable of infinite growth, ... 2(1) the intended victim of the offence can not be guilty of conspiracy. ... to show the existence of the conspiracy and that the other conspirator was a ... It shows how the law can handle both the criminal and the civil need for justice. ... en.wikipedia.org/wiki/ Conspiracy _( crime ) - 54k - Cached - Similar pages - v Conspiracy: If one asks someone to commit a crime, and they agree (only crime is ... Abandonment -- would have to show that there was one more act in ... Some courts take the position that any active assistance establishes a mens rea .... Homicide. Victim must be human. Murder, by itself is common law murder ... case.tm/Lawschool/cribcrim.html - 28k - Cached - Similar pages - [PDF] VIII. C H The California Penal Code defines the crime of conspiracy as File Format: PDF/Adobe Acrobat - View as HTML pervert or obstruct justice, or the due administration of the laws." C ..... was enough to show that the shooting resulted from a conspiracy .... CONSPIRACY IN HOMICIDE. 1551 victim to kill rival gang members. ...... prolonging of a conspiracy for steps taken to
Nye Frank

standard of review evidence in elder homicide, victims rigtht to trial over 65 - Google... - 0 views

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victims over 65 evidence

shared by Nye Frank on 21 Apr 09 - Cached
  • Nye Frank on 21 Apr 09
     
    Did you mean: standard of review evidence in elder homicide, victims right to trial over 65 Search Results[DOC] Chapter 3 - 5 visits - Jan 3File Format: Microsoft Word - View as HTML For victims and survivors of violent crime and for homicide victims for current and ... Claimants use the compensation funds over the long term. ... of victim population groups for whom speedy trial rights are particularly important. ..... Elder protection programs that assist victims of elder abuse and neglect. ... https://www.ovcttac.gov/nvaa2008/documents/participants_text/03%20Basic%20Victims'%20Rights.doc - Similar pages - [PPT] Responding to Crimes Against Elder Victims: A Program for TrainersFile Format: Microsoft Powerpoint - View as HTML Others with highest percentages of folks over 65 are: ..... Found incompetent to stand trial and dangerous to self and others ... Standards. Civil v. Criminal. APS/Law Enforcement. Victim/Client .... Homicide and the ME refused to come to the scene. Evidence .... Right from wrong, truth vs.. lie, suggestibility ... elder.law.stetson.edu/Professionals/crimeprevention_powerpoints/Elder%20Abuse%20Trainer%20package.ppt - Similar pages - Homicidal smothering: vital histological confirmation of orofacial ...Apr 29, 2008 ... evidence in the subsequent criminal trial. Discussion ... Although homicides in those over 65 years ... be feasible and morphology was excellent using standard ... homicide victims: a 10-year medical examiner review. J Forensic ... elderly homicide victims in New York City. Am J Public Health. ... www.springerlink.com/index/q87305r037563323.pdf - Similar pages - by SM Wills - Related articles Hill v. State 124 Nev. Adv. Op. No. 52 (2008)Jul 24, 2008 ... The trial jury found Hill guilty and the district court imposed a sentence of life ... Standard of review. In Dettloff v. State, we noted that it is ... important procedural rights if there is substantial evidence in the ... and for committing a crime against an eld
Nye Frank

how to prove specific intent of conspiracy of prosecutor - Google Search - 0 views

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conspiracy

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    Results 1 - 10 of about 140,000 for how to prove specific intent of conspiracy of prosecutor . ( 0.38 seconds) Did you mean: how to provide specific intent of conspiracy of prosecutor Search Results Conspiracy (crime) - Wikipedia, the free encyclopedia Conspiracy law usually does not require proof of the specific intent by the ... based on the fact that the prosecutor would be unable to prove beyond a ... en.wikipedia.org/wiki/ Conspiracy _(crime) - 54k - Cached - Similar pages - 1. International Criminal Tribunal for Rwanda-genocide-conspiracy ... defendant's co-conspirators acted with specific intent would "tend to prove" that the. 40. See Prosecutor v. Bagasora et al., Case Nos. ICTR-98-41-AR93, ... papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID951847_code366348.pdf?abstractid=951847&rulid=263109&mirid=4 - Similar pages - by A Decision E Law: Conspiracy to Commit Genocide: Prosecutor v Jean Kambanda ... [48] In order to prove the existence of a conspiracy, ..... that an accused might have the specific intent required to commit genocide and also to act ... The Trial Chamber held that the Prosecutor relied on the same intent of the two ... www.murdoch.edu.au/elaw/issues/v8n1/obote-odora81.html - 1k - Cached - Similar pages - [PDF] CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF ... File Format: PDF/Adobe Acrobat - View as HTML Where the prosecutor did not charge conspiracy as an offense, but introduced evidence of a conspiracy to prove liability, the court had a sua sponte duty to ... an agreement between two or more people with the specific intent to agree ... www.courtinfo.ca.gov/opinions/archive/B199059.PDF - Similar pages - [PDF] [J-28-99] IN THE SUPREME COURT OF PENN
Nye Frank

foia damages, tort No. 03-1395: Doe v. Tenet - Appendix (Petition) - 0 views

www.usdoj.gov/...2003-1395.pet.app.html

tort esstoppel court doctor client privlege

shared by Nye Frank on 15 Apr 09 - Cached
  • While Totten and Reynolds are closely related in that both protect a state secret from disclosure, the rules announced in those cases differ in subtle but important respects. Most importantly, the state secrets privilege in Reynolds permits the government to withhold otherwise relevant discovery from a recognized cause of action (e.g., an FTCA case), while the Totten doctrine permits the dismissal of a lawsuit because it is non-justiciable before such evidentiary questions are ever reached.
  • In Kasza, we relied on the Reynolds rule that "the state secrets privilege is a common law evidentiary privilege that allows the government to deny discovery of military secrets." Id. at 1165. After reviewing the applicable law, we reasoned that the application of the state secrets privilege can have different effects, depending on whether it is used to exclude evidence or to dismiss a cause of action. Id. at 1166. First, we found that the government's invocation of the privilege over particular evidence may completely remove the evidence from the case. Id. If a plaintiff cannot make out her prima facie case without the secret evidence, the court may dismiss her claim. Id. Second, the privilege may deprive a defendant of information that would otherwise give the defendant a valid defense to the claim. Id. In these cases, the court may grant summary judgment to the defendant. Id.
  • Nye Frank on 15 Apr 09
     
    IFurther, Weinberger concerned in the main an explicit statutory exemption to the Freedom of Information Act ("FOIA"). See Weinberger, 454 U.S. at 144, 102 S. Ct. 197. FOIA analysis is governed strictly by statute, while the state secrets privilege is governed solely by judge-made law. Also, FOIA cases involve a determination of what information can be released to the public without any restriction on the information's dissemination. In contrast, the state secrets privilege governs what material can be used by individual litigants who need such information to make their cases, under such restrictions of access as may be necessary, including in camera review, closed proceedings, and sealed records. Weinberger therefore dealt principally with the substantive question whether the sensitive material at issue could be made public and only as a subsidiary matter with the handling of that material within the confines of litigation. Weinberger did refer to Totten at the end of the opinion as an explanation, by analogy, concerning why the National Environmental Policy Act ("NEPA") inquiry could not go forward in court. It also referred, however, in the same context, to Reynolds, the seminal state secrets privilege case. Weinberger, 454 U.S. at 147, 102 S. Ct. 197. The brief reference to Totten in Weinberger therefore cannot be read as prescribing the application of Totten without regard to the later-developed state secrets privilege doctrine, and Kasza evidently did not so read it. We therefore conclude that Totten is applicable to the case before us only as applied through the prism of current state secrets doctrine. C. To invoke the state secrets privilege, a formal claim of privilege must be "lodged by the head of the department which has control over the matter, after actual personal consideration [of the evidence] by that officer." Reynolds, 345 U.S. at 7-8, 73 S. Ct. 528 (footnotes omitted); see also Kasza, 133 F.3d at 1165. After that, "[t]he court itself
Nye Frank

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

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rico act case nye

shared by Nye Frank on 27 Jul 09 - Cached
  • Nye Frank on 27 Jul 09
     
    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 on 27 Jul 09
     
    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

supervisors mandatory procedures - 0 views

www.diigo.com/...g

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    Results 1 - 10 for County supervisors policy or procedure violations has been implemented with Safesearch on. (0.25 seconds) Ads by Google Enforce Company Policies Monitor Internet, Email, IM & More. Keep employees honest & productive. InterGuardSoftware.com Need Policies & Procedure Generate custom HME policies and procedures in under 2 hours www.dmemanual.com Supervisors Find practical business information on supervisors. www.AllBusiness.com Custom Search [ PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML policy exists in the Code Enforcement Policy and Procedure Manual identifying ... from the time of the original code violation until abatement has been .... The recommendation has been implemented. Code Enforcement staff has been ... www.clerkoftheboard.co.riverside.ca.us/agendas/2005/2005_09_13/03.03.pdf [PDF] 43 of 57 Review Of County Government Reason for the Report File Format: PDF/Adobe Acrobat Management has failed to document policy/procedure violations. .... been inconsistent across departments. The Board of Supervisors feels strongly that .... Response to Recommendation 2: The recommendation has been implemented. The ... co.el-dorado.ca.us/grandjury/pdf_2003-2004/bosresponse_ctygovt.pdf Code Compliance Enforcement County code violations do not always result in enforcement action. ... Some enforcement decisions are based upon Board of Supervisors' policy, such as the 2002 board ... That procedure, established in 2006, requires that certain types of violations be reported to .... Response from the County: HAS BEEN IMPLEMENTED. ... www.co.santa-cruz.ca.us/grandjury/GJ2008_responses/1-1%20Code%20Compliance%20Enforcement.htm [PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML abehavior related to one's performance or conduct in violati
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FindLaw | Cases and Codes - 0 views

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uscs 1983 and wrongful death under california state law

shared by Nye Frank on 29 Jul 09 - Cached
  • Plaintiffs Teri and Thomas Lewis, Philip Lewis's parents, filed suit in Sacramento County Superior Court against Sacramento County, the Sacramento County Sheriff's Department, and Officer Smith. The Lewises allege a deprivation of their son's Fourteenth Amendment due process rights in violation of 42 U.S.C. S 1983 and wrongful death under California state law. Defendants removed the case to federal court on the basis of federal question jurisdiction and moved for summary judgment on various grounds
  • The district court granted summary judgment in favor of all defendants on the S 1983 claims. The court also granted summary judgment in favor of Smith as to the state causes of action. The court denied summary judgment as to the pendent state law causes of action against the County and the Sheriff's department, dismissing those claims without prejudice. The district court's decisions are summarized below.
  • We review de novo the district court's grant of summary judgment. We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. We do not weigh the evidence or determine the truth of the matter but only determine whether there is a genuine issue of fact for trial. Jesinger, 24 F.3d at 1130
  • ...3 more annotations...
  • First, the district court assumed, without deciding, that Officer Smith had violated Lewis's constitutional rights. The court then addressed Smith's claim to qualified immunity. The court stated that plaintiffs had not presented, and it could not find, any "state or federal opinion published before May, 1990, when the alleged misconduct took place, that supports plaintiffs' view that they have a Fourteenth Amendment substantive due process right in the context of high speed police pursuits." The court therefore found that the law regarding Lewis's Fourteenth Amendment right to life and personal security was not clearly established and granted summary judgment in favor of Officer Smith on qualified immunity grounds.
  • Because the court dismissed all federal claims, it declined to decide whether the county and the sheriff's department were also immune under California law. The court then dismissed without prejudice the state claims against the county and sheriff's department to allow plaintiffs to file those claims in state court.
  • To sustain a S 1983 civil rights action, a plaintiff must show "(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that [such] conduct deprived the plaintiff of a federal constitutional or statutory right." 2 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989), cert. denied, 498 U.S. 938 (1990). Here, it is undisputed that defendants were acting under color of state law. At issue here is whether Officer Smith, the Sacramento County Sheriff's Department, or Sacramento County engaged in conduct that deprived Lewis of a federally protected right. The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989))
  • Nye Frank on 29 Jul 09
     
    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
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racingnyefrank: Riverside County Crimes to by officials- Victims with Disabiliti - 0 views

racingriverside.blogspot.com/...ty-crimes-to-by-officials.html

elder crime victims Riverside County Elders Court

shared by Nye Frank on 03 Aug 09 - Cached
  • Nye Frank on 03 Aug 09
     
    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 on 03 Aug 09
     
    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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goverment agency mandates for internal affairs for riverside county sheriff - Google Se... - 0 views

www.google.com/search

mandates

shared by Nye Frank on 19 Apr 09 - Cached
  • Nye Frank on 19 Apr 09
     
    Riverside County Sheriff's Department v. Louis Zigman, Astrid ... Real party in interest and appellant Riverside County Sheriff's Deputy Astrid Megan ... for writ of administrative mandate filed by the Riverside County Sheriff's .... who is interrogated during a law enforcement agency's internal affairs ... Government Code section 3304, subdivision (b),6 makes it clear that a law ... www.morelaw.com/verdicts/case.asp?n=E043187&s=CA&d=38412 - 46k - Cached - Similar pages - [PDF] 1 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH DISTRICT ... File Format: PDF/Adobe Acrobat - View as HTML Real party in interest and appellant Riverside County Sheriff's Deputy Astrid ... petition for writ of administrative mandate filed by the Riverside County Sheriff's .... during a law enforcement agency's internal affairs investigation of .... which constitutes the administrative appeal guaranteed by Government ... www.courtinfo.ca.gov/opinions/documents/E043187.PDF - Similar pages - [PDF] SHERIFF-CORONER DEPARTMENT COUNTY OF ORANGE File Format: PDF/Adobe Acrobat - View as HTML practices, rather than through an external unfunded mandate. The Sheriffs Department is also subject to reviews and audits by many government agencies such as: ... completed internal affairs investigation. The Attorney General's Office ... Riverside and San Diego. Finally, through the Public Records Act. the ... www.ocgrandjury.org/pdfs/ocsd.pdf - Similar pages - About Lackie & Dammeier Michael makes his home in Orange County with his wife. .... Labor Experience: Chief negotiator and labor rep, Riverside Sheriff's Association, ... Mr. Lackie has extensive experience in internal affairs representation, ... including injunctions barring police agencies from violating the Bill of Rights. ... www.policeat
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administrative justice funding for elder victims riverside county 2007 - Google Search - 0 views

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administrative justice elder victim funds riverside

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    C L S : F C L A L -I E 20 Riverside Lawyer, September 2007. "Equal justice under law is not merely a caption on ... in LSC funding, the prohibition of federally funded legal assistance to the undocumented ... (PSLC) of the Riverside County Bar Association, the Inland ..... ney provides free legal assistance to victims of domestic vio- ... www. riverside .courts.ca.gov/legalassistance_rvsdlawyer_sept% 2007 .pdf - Similar pages - County of Riverside District Attorney's Office - Press Releases - 5 visits - Apr 13 RIVERSIDE COUNTY DA ROD PACHECO HONORS PROSECUTORS OF THE YEAR ... DISTRICT ATTORNEY ROD PACHECO SEEKS FUNDING FROM GOVERNOR FOR JUDGES TO EASE CASE BACKLOG IN RIVERSIDE ... September 26, 2007. ARRESTS MADE IN ELDER ABUSE WARRANT SWEEP ... DA PACHECO TO SPEAK TO CALIFORNIA'S PROSECUTORS REGARDING VICTIMS BILL OF ... www.rivcoda.org/News/press_releases.html - 45k - Cached - Similar pages - [DOC] CURRICULUM VITAE Scott J. Modell, Ph. D. Professor Department of ... File Format: Microsoft Word - View as HTML University Administration. 2007 - Present Director, UCP Autism Center for Excellence at .... Crime Victims with Disabilities Conference Striving for Justice II - University of ... Riverside County Elder Abuse Law Enforcement Training. ... www.hhs.csus.edu/modells/Law_Enforcement_Vita_2009.doc - Similar pages - IL OVC State Wide Assistance Report Aug 4, 2008 ... Services to Senior Victims of Violent Crime An elderly widower hired a woman ... crime victim compensation information, criminal justice advocacy with the ... These rates were substantially higher than those for Cook County and the ... The Authority used VOCA administrative funds during FFY 2007 to ... www.ojp.usdoj.gov/ovc/fund/sbsmap/ovcpf07il1.htm - 27k - Cached - Similar pages - [
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SUMMARY JUDGMENT STANDARDSummary judgment is proper if the moving party can demonstrate... - 0 views

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summary judgement

shared by Nye Frank on 21 Apr 09 - Cached
  • Nye Frank on 21 Apr 09
     
    Did you mean: SUMMARY JUDGMENT STANDARD Summary judgment is proper of the moving party can demonstrate that there is no genuineissue of material fact and it is entitled to judgment as a matter of law. In considering whether genuine issues of material fact exist, the Co Search Results 877 F.2d 728 Id. Under that standard, summary judgment is proper only where "the pleadings, ... If the moving party satisfies this burden, the opponent must set forth specific ... Such an issue of fact is only a genuine issue if it can reasonably be ... of material fact exists no longer precludes the use of summary judgment. ... bulk.resource.org/courts.gov/c/F2/877/877.F2d.728.87-4418.html - 30k - Cached - Similar pages - DOJ Appeal Brief Re Summary Judgment Requirements / Antitrust Laws ... 4 2 The central economic fact about delivering circulars to households is that, .... if "there is no genuine issue as to any material fact and . . . the moving party is ... If Advo met that standard, summary judgment was improper even if, .... In considering whether to attempt entry, a prospective entrant would ... www.lect law .com/files/ant14.htm - 48k - Cached - Similar pages - [PDF] IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ... File Format: PDF/Adobe Acrobat no genuine issue of material fact exists and the moving party is entitled .... the court must consider "whether or not the individual can perform the essential functions of the ..... defendant Penn-Del Directory Company for summary judgment (Document No. ... defendant is not entitled to judgment as a matter of law, ... www.paed.uscourts.gov/documents/opinions/99D0387P.pdf - Similar pages - Brief for Amicus Curiae United States of America in Support of ... Summary judgment is properly granted only
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California Elder Abuse Act, Elder and Dependent Adult Civil Protection Act (EADACPA): S... - 0 views

www.preventelderabuse.com/alifornia-elder-abuse-act.html

elder abuse act legislative

shared by Nye Frank on 23 Jul 09 - Cached
  • Nye Frank on 23 Jul 09
     
    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 on 23 Jul 09
     
    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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specific intent, obstuction of justice - 0 views

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obstruction of justice specific intent case

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    Criminal Resource Manual 1723 Protection of Government Processes ... The weight of authority, however, requires the government prove that the defendant had a specific intent to obstruct or impede a pending judicial proceeding ... www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01723.htm 5th Circuit: INTENT OF THREAT WILL DETERMINE SENTENCE | Article ... Therefore, sentencing enhancement would clearly...defendant had the specific intent to obstruct justice...threats he had the specific intent to ... www.highbeam.com/doc/1P3-697020701.html 239 F.3d 159 Woodard argues on appeal that the district court failed to make a requisite finding that he had the "specific intent to obstruct justice," and erroneously ... bulk.resource.org/courts.gov/c/F3/239/239.F3d.159.00-1323.823--.2000.html 5th Circuit: INTENT OF THREAT WILL DETERMINE SENTENCE | Organized ... A second issue before the court is whether the defendant had the specific intent to obstruct justice when he made his threats. ... findarticles.com/p/articles/mi_qa4441/is_200408/ai_n16058940/ 557 F.2d 233 ... to establish White's specific intent to obstruct justice and whether the ... Having determined that White possessed the requisite specific intent the court ... with the requirement that White be shown to have had the specific intent ... bulk.resource.org/courts.gov/c/F2/557/557.F2d.233.77-1015.html Behavior of the Defendant in a Competency-to-Stand-Trial ... The court concluded that Mr. Binion's substantial rights had not been affected. ... evidence to prove that he had specific intent to obstruct justice. ... www.jaapl.org/cgi/content/full/34/1/126 by S Darani - 2006 - Cited by 1 - Related articles - All 2 versions 86 F.3d 263 ... that the defendant must have a specific intent to obstruct justice, "i.e., ... We need not decide in this case whether this specific intent requirement should be ... we think that he had the requisite specific intent to obstruct the ... bulk
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Dormant Commerce Clause - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Dormant_Commerce_Clause

dormant commerce clause states

shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    Dormant Commerce Clause From Wikipedia, the free encyclopedia Jump to: navigation, search The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause of the United States Constitution. The Commerce Clause expressly grants Congress the power to enact legislation that affects interstate commerce. The idea behind the Dormant Commerce Clause is that this grant of power implies a negative converse - a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflicting federal statute. The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters. The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine deduced by the U.S. Supreme Court and lower courts from the actual Commerce Clause of the Constitution. Justice O'Connor has written that: The central rationale for the rule against discrimination is to prohibit state or municipal laws whose object is local economic protectionism, laws that would excite those jealousies and retaliatory measures the Constitution was designed to prevent. See The Federalist No. 22, pp. 143-145 (C. Rossiter ed. 1961) (A. Hamilton); Madison, Vices of the Political System of the United States, in 2 Writings of James Madison 362-363 (G. Hunt ed. 1901). http://en.wikipedia.org/wiki/Dormant_Commerce_Clause
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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
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County of Riverside District Attorney's Office - Press Releases - 0 views

www.rivcoda.org/...041508.html

crime victim awards Riverside county Rod Pacecho

shared by Nye Frank on 20 Apr 09 - Cached
  • Nye Frank on 20 Apr 09
     
    Mission Statement About the DA Administration Office Divisions Office Locations Common Questions Employment Opportunities Site Map Meet the DA Accomplishments of the DA Western Division Eastern Division Southwest Division Programs DA Newsletter Press Releases Riverside County Most Wanted Fugitives Marsy's Law Services Available Division of Victim Services Locations Victim Rights Project Victims' Rights Week Victim Impact Statements Reimbursement for Crime Victims Guide to the Criminal Justice System Witness Rights Being a Witness In Court Courthouse Locations Recycled Cell Phones Family Justice Center Locations Riverside Center Southwest Center History of the Bureau Child Recovery Unit Unidad De Recuperación De Menores Riverside County Most Wanted Fugitives Office Locations Employment Opportunities Frequently Asked Questions Child Abduction Resources Successful Recovery Story Preguntas Hechas Con Frecuencia Recursos de Secuestro de Menores Historia de una Recuperacion Exitosa Brochures & Publications Consumer Information Identity Theft Bad Checks Missing Children Megan's Law SAFE Task Force Related Links Gang Injunctions Local Law Enforcement Agencies East Side Riva Barrio Dream Home DA Newsletter Press Releases Opinion Editorials DA Newsletter Press Releases Opinion Editorials For Immediate Release ( print version ) Contact: Ingrid Wyatt Public Information Officer (951) 955-5626 DISTRICT ATTOR
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prosecutor, brady material, violations, duty - 0 views

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prosecutor brady material violations duty

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    Results 1 - 10 for prosecution's Brady obligation with Safesearch on. (0.14 seconds) Ads by Google Buy Brady Product Shop Labels, Ribbons, Tapes & More. Great Deals on Bulk Qty. Order Now! www.MSCDirect.com Brady Distributor The entire Brady catalog available to purchase online. All New Site. www.HansenSupply.com #1 Brady Dealer in the US The Best Selection and Lowest Price 31 drums in stock-Ships fast & free ForksDrumCloset.com/Brady_Drums Obligations en Bourse Achetez, Vendez, Comparez en Ligne Faites vos Opérations Boursières ! Obligations.fr.Ask.com Custom Search Second Circuit Blog: Prosecutor Cannot Avoid Brady Obligation by ...Aug 22, 2006 ... Prosecutor Cannot Avoid Brady Obligation by Claiming that He Did Not ... the prosecutor's failure to abide by his obligations under Brady. ... circuit2.blogspot.com/2006/08/prosecutor-cannot-avoid-brady.html [PDF] The Prosecution's Obligations to Disclose Witness ProffersFile Format: PDF/Adobe Acrobat - View as HTML tion's obligations under Brady and Jencks to dis- close proffer materials have significant ramifica- tions. For the prosecution, the boundaries of its ... www.birdmarella.com/articles/Prosecution%20Obligations.pdf Possible Brady Material In The Possession Of Law Enforcement ...The prosecution has no obligation to communicate preliminary, challenged or .... triggers his or her Brady obligation, the trial deputy shall review this ... da.co.la.ca.us/sd02-08.htm Legal Defense Fund - News ArticlesBecause the prosecution is obligated to turn over information that is under its control, the prosecution increases it Brady obligations each time it ... www.porac.org/ldf/articles/october%201%202002.html Federal Criminal Law Newsletter (Visitor's Edition) - September 24 ...Sep 24, 2001 ... Fair Trials and the Prompt Release of Brady/Giglio Materials to the .... principle that a prosecutor's Brady obligation is independent of a ... www.fedcrimlaw
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