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Nye Frank

Title II of the Americans with Disabilities Act of 1990 Civil Rights Division Home Page - 0 views

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    Federal Criminal Enforcement It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.
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    Federal Criminal Enforcement It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies. These laws prohibit discriminatory treatment, including excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of
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    Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies. These laws prohibit discriminatory treatment, including
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    What information should I include in a complaint to DOJ? Your complaint, whether alleging violations of criminal or civil laws listed in this document, should include the following information: Your name, address, and telephone number(s). The name(s) of the law enforcement agency (or agencies) involved. A description of the conduct you believe violates one of the laws discussed above, with as many details as possible. You should include: the dates and times of incident(s); any injuries sustained; the name(s), or other identifying information, of the officer(s) involved (if possible); and any other examples of similar misconduct. The names and telephone numbers of witnesses who can support your allegations. If you believe that the misconduct is based on your race, color, national origin, sex, religion, or disability, please identify the basis and explain what led you to believe that you were treated in a discriminatory manner (i.e., differently from persons of another race, sex, etc.). Reproduction of this document is encouraged.
Nye Frank

Reinforcing the "blue wall of silence" - Why recent court decisions involving two whist... - 0 views

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    Dawn 10/24/2008 - 11:13am Riverside County Sheriff, Coroner, DA Rod Pacheco, the fire department all participated in a cover up. Even Victims Advocate in DA office lied and said there was not a elders advocate in the county. A 68 year old Senior Nye Frank was attacked by a 27 year old man. Ty Reddish has had professional wrestling training, adult base ball pitcher and a history of combative behavior. Sheriff originally told us not investigating because no injuries and it was a heart attack. We asked to meet with coroner and made a apppointment. To our surprise Special Investigator showed up and a Sargent from the Homicide investigation department. We had tried calling them for weeks. They would not let us talk to the pathologist, and would not take statments of other recent combative incidences of Ty Reddish with others living nearby. They would not release the sheriff report or autopsy. Finally with help of a National victims advocate and another call from a special investigator(they investigate misconduct} internal affairs stepped in to make the DA office release the reports. The day befor our family was told of the release a news paper guy from Press Enterprise called us . He said he felt we had a story. He informed us he had a copy of the autopsy. We were surprised as we were working actively to get one. We requested him to fax it to us . We met with him, told him our side. But he put in the newspaper front page 5 months after incident that it was a heart attack (autopsy says no heart attack) and a fist fight when only one person hit. DA prosecutor threatened to arrest 72 year old wife if we pursued the case. She was allowed to close the case as exceptional and moved from the Riverside County DA to San Bernardino. During a conversation with newsman he admitted prosecutor Daima Calhoun was his girl friends roommate. The corner has homicide with natural c
Nye Frank

1nlada Communication Resources - Public Education Tools - 0 views

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    Crime is usually experienced as more serious than an accident or similar misfortune. It is difficult to come to terms with the fact that loss and injury have been caused by the deliberate act of another human being. At the same time, it is evident from research and experience that it is impossible to predict how an individual will respond to a particular crime. One way of conceptualizing common reactions to crime is as a process with four stages. The initial reaction may include shock, fear, anger, helplessness, disbelief and guilt. Such reactions are well documented in the immediate aftermath of a crime. Some of these reactions may recur at a later stage as well, for example, when attending a trial or going to hospital for medical treatment. Anger is a reaction that some victims and helpers find difficult to deal with. It may be directed at other victims, helpers, bystanders, organizations and also at oneself. Among some groups and in some cultures there may be a feeling that it is wrong to express anger even when it is strongly felt. There may be pressure on victims to control their emotions. These initial reactions may be followed by a period of disorganization, whichmay manifest itself in psychological effects such as distressing thoughts about the event, nightmares, depression, guilt, fear and a loss of confidence and esteem. Life can seem to slow down and lose its meaning. Previously held beliefs and faiths may no longer provide comfort. Behavioural responses might include increased alcohol or substance abuse, fragmentation of social relationships, avoidanceof people and situations associated with the crime and social withdrawal
Nye Frank

People who bookmarked http://www.nlada.org/News/News_Education also bookmarked | Diigo - 0 views

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    11 Chapter II Victim assistance programmes Goal: The goal of a victim assistance programme is to assist victims in dealing with emotional trauma, participating in the criminal justice process, obtaining reparation and coping with problems associated with the victimization. Objectives: The objectives of the programme are to do the following: (a) To increase the commitment of Governments and organizations to do everything possible to assist victims; (b) To increase the range and availability of services for victims from the time of the victimization and throughout the aftermath; (c) To expand the victim's opportunity to participate at all critical stages of the criminal justice process and to ensure consideration of the impact of the victimization upon the victim in all criminal justice systems and international tribunals; (d) To increase coordination and networking of all appropriate agencies, organizations, groups and families, and kinship and community support systems providing services to victims or affecting the treatment of victims in order to develop an integrated system of victim assistance; (e) To improve the quality of outreach to victims in need and their treatment; (f) To be aware of the unique needs of underserved or new victim populations.
Nye Frank

EDITORIAL: County reps set the pace, lack followers : North County Times - Californian ... - 0 views

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    Top county administrators and elected officials have decided to lead by example. 06-28-2009-Perhaps that 5% loss is the money they -Elder Lee Frank a elder who husband killed in Riverside County, victim funds denied. Is that the unclaimed funds that the supervisors get after 3 years?
Nye Frank

Motion (legal) - Wikipedia, the free encyclopedia - 0 views

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    Rule 56, Federal Rules of Civil Procedure, is the rule which explains the mechanics of a summary judgment motion. As explained in the notes to this rule, summary judgment procedure is a method for promptly disposing of actions in which there is no genuine issue as to any material fact. Prior to its introduction in the US in 1934, it was used in England for more than 50 years. In England motions for summary judgments were used only in cases of liquidated claims, there followed a steady enlargement of the scope of the remedy until it was used in actions to recover land or chattels and in all other actions at law, for liquidated or unliquidated claims, except for a few designated torts and breach of promise of marriage. English Rules Under the Judicature Act (The Annual Practice, 1937) O. 3, r. 6; Orders 14, 14A, and 15; see also O. 32, r. 6, authorizing an application for judgment at any time upon admissions. New York was a leader in the adoption of this rule in the US and the success of the method helps account for its current importance as an almost indispensable tool in administrative actions (especially before the Equal Employment Opportunity Commission which adjudicates employment discrimination claims and the Merit Systems Protection Board which adjudicates federal employment matters).[2]
Nye Frank

SurfWax: News, Reviews and Articles On Civil Action - 0 views

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    Negligent property owners may face criminal action Apr 1, 2009 Negligent county property owners that ignore or refuse requests from the Calloway County Property Protection Board to take action to alleviate dangerous conditions on their land may face criminal as well as civil action soon ... The Calloway County Property Protection Board is charged with contacting owners of property that present a danger to the public because of the physical condition of their property and taking civil action if necessary. (Murray Ledger & Times, KY) http://www.lawkt.com/files/Civil_Action.html
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    Disabled-Access Lawsuit Called 'Extortion' Mar 28, 2009 -- A local attorney who's filed hundreds of nearly identical lawsuits over handicapped access is being called an extortionist for his latest civil action. Scott Johnson, a quadriplegic, is suing Conover Auto Repair for not having proper parking. (KCRA 3, CA)
Nye Frank

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

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    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.
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    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:/
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