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THE CANADIAN INSTITUTE Litigating Personal Injury Damages DAMAGES FOR EMOTIONAL DISTRES... - 0 views

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    Prosser and Keeton on the Law of Torts, 5 ed. (1984), p. 360.th7Linden, Canadian Tort Law, 7th ed., at pp. 389
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    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
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    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
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    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
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    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
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    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
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    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

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

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    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicia
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    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
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    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
nyefrankracing frank

email to Kim about how DA is treating the case.pdf - 0 views

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    # Kim's reply abt coroners office.pdf 15k - on Jun 23, 2009 12:42 PM by Nye Frank (version 1) Remove # Portfolio1.pdf 779k - on Jun 23, 2009 12:43 PM by Nye Frank (version 1) Remove # asking who the presiding judge Ty's current case and minutes.pdf 15k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # confirmation email from Kim she received emails.doc 87k - on Jun 23, 2009 12:21 PM by Nye Frank (version 1) Remove # email about Pacheco getting award for elder services.pdf 29k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email asking for help to get police and autopsy reports.pdf 15k - on Jun 23, 2009 12:20 PM by Nye Frank (version 1) Remove # email asking for info on our rights and info about mom's statement.pdf 14k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # email asking to see what is in the file, what are the facts being considered.pdf 27k - on Jun 23, 2009 12:19 PM by Nye Frank (version 1) Remove # email from Kim in reply to request for news about case.pdf 17k - on Jun 23, 2009 12:38 PM by Nye Frank (version 1) Remove # email reporting what happened when Dawana tried to get police report.pdf 29k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email request that case be transferred to grand jury.mht 12k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # emails to Riverside County DA Victim Advocate.pdf 56k - on Jun 23, 2009 12:40 PM by Nye Frank (version 1) Remove # email to Kim about Rushton becoming a judge.pdf 15k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # email to Kim about how DA is treating the case.pdf 20k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email to Kim asking for representative to help get copy of what is in nye's file.pdf 29k - on Jun 23, 2009 12:38 PM by Nye Frank (version 1) Remove # email to Kim that NOVA will call her.pdf 14k - on Jun 23, 2009 12:40 PM by Nye Frank (version 1) Remove # email to Kim to inform that we received police report wi
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    # Kim's reply abt coroners office.pdf 15k - on Jun 23, 2009 12:42 PM by Nye Frank (version 1) Remove # Portfolio1.pdf 779k - on Jun 23, 2009 12:43 PM by Nye Frank (version 1) Remove # asking who the presiding judge Ty's current case and minutes.pdf 15k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # confirmation email from Kim she received emails.doc 87k - on Jun 23, 2009 12:21 PM by Nye Frank (version 1) Remove # email about Pacheco getting award for elder services.pdf 29k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email asking for help to get police and autopsy reports.pdf 15k - on Jun 23, 2009 12:20 PM by Nye Frank (version 1) Remove # email asking for info on our rights and info about mom's statement.pdf 14k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # email asking to see what is in the file, what are the facts being considered.pdf 27k - on Jun 23, 2009 12:19 PM by Nye Frank (version 1) Remove # email from Kim in reply to request for news about case.pdf 17k - on Jun 23, 2009 12:38 PM by Nye Frank (version 1) Remove # email reporting what happened when Dawana tried to get police report.pdf 29k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email request that case be transferred to grand jury.mht 12k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # emails to Riverside County DA Victim Advocate.pdf 56k - on Jun 23, 2009 12:40 PM by Nye Frank (version 1) Remove # email to Kim about Rushton becoming a judge.pdf 15k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # email to Kim about how DA is treating the case.pdf 20k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email to Kim asking for representative to help get copy of what is in nye's file.pdf 29k - on Jun 23, 2009 12:38 PM by Nye Frank (version 1) Remove # email to Kim that NOVA will call her.pdf 14k - on Jun 23, 2009 12:40 PM by Nye Frank (version 1) Remove # email to Kim to inform that we received police report wi
Nye Frank

Center Court - 0 views

shared by Nye Frank on 07 Apr 09 - Cached
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    The National Center for State Courts, working alongside the members of the Elder Abuse and the Courts Working Group, is involved in a number of follow-up activities to develop services the courts can use. For more information on the Elder Abuse and the Courts Working Group, con-tact Brenda Uekert, Ph.D. (buekert@ncsc.dni.us) of NCSC's Research and Technol-ogy Division. -------------------------------------------------------------------------------- Page 3 3Courts looking for the latest information on ways to improve jury service can turn to a new edition of Jury Trial Innovations (JTI), the National Center for State Courts' best-selling guide to techniques used nationwide to make jury service more appealing to the public and to help jurors become more effective decision makers. This new edition was updated by G. Thomas Munsterman and Paula L. Hannaford-Agor, of NCSC's Center for Jury Studies, and G. Marc White-head, chair of the Jury Initiatives Task Force of the American Bar Association's Section of Litigation, who were editors of the original edition published in 1997.This new edition looks at innova-tions courts have tried in the decade since the first edition was published, especially those involving the model of "the interactive juror"-that is, innovations focused on how jurors organize information, how to keep jurors actively involved in trial proceedings, The new edition of Jury Trial Innovations will be available in July 2006 and can be ordered through NCSC's online bookstore accessible through the "Communications" page on NCSC's Web site (www.ncsconline.org).NCSC Updates Jury Trial Innovationsand how jurors test what they see and hear against their own beliefs and values. After exploring "How Jurors Make Decisions: The Value of Trial Innovations," JTI discusses innovations in six areas:1. Jury Administration and Management 2. Voir Dire3. Pretrial Management4. Trial Procedures5. Jury Instructions and Deliberations6. Post-Verdict Co
Nye Frank

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

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    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

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

  • 29 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p. 94. 30 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.3, p. 93. 31 See NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p.92
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    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
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    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
Nye Frank

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

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    Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa
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    Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa
Nye Frank

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

  • 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.
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    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

are victim compensation funds property rights - Google Search - 0 views

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    The Federalist Society » Publications - The 9/11 Victim ... Profuse, critical, even bitter public comments followed the Government's publication in December of the interim rules by which the Victim Compensation Fund ... www.fed-soc.org/publications/PubID.136/pub_detail.asp - 13k - Cached - Similar pages - The Official Criminal Injuries Compensation Fund Home Page The CICF staff is committed to getting crime victim compensation claims ... The cost of property loss is not compensable through the Criminal ... Contact Us | Web Policy | © 2007, All Rights Reserved. Criminal Injuries Compensation Fund. www.cicf.state.va.us/ - 10k - Cached - Similar pages - victim comp Funds to pay crime victim compensation claims do not come from taxpayers. ... Article 4.1, Crime Victim Compensation and Victim Witness Rights ... in which the victim sustains mental or bodily injury, dies, or suffers property damage to ... dcj.state.co.us/OVP/comp_english.htm - 20k - Cached - Similar pages - Lets have crime victims` compensation fund in Ghana - modernghana ... Jul 14, 2007 ... The victims might have lost his or her property or been injured or even lost a beloved one. .... involves the violation of one or the other of the victim's rights. A CALL FOR CRIME VICTIMS' COMPENSATION FUND Continued ... www.modernghana.com/blogs/139192/31/lets-have-crime- victims - compensation - fund -in-ghana.html - 42k - Cached - Similar pages - Crime Victim Compensation (16.576) | Federal Grants Wire Crime Victim Compensation (16.576) OFFICE OF JUSTICE PROGRAMS, OFFICE FOR VICTIMS OF CRIME, DEPARTMENT OF JUSTICE. ... for the Crime Victims Fund, other than amounts awarded for property damage. .... Fiscal year 2002 compensation funds may be carried forward for ... 2009 Federal Grants Wire, A
Nye Frank

Victim Rights Manual - 0 views

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    A defendant may be released on bail for all offenses except capital crimes. Public safety is the primary consideration in setting the bail amount. The court must conduct a hearing before deviating from the scheduled bail for a violent felony or for threatening a witness in a rape, domestic violence or criminal threat case. The court must state its reasons for deviating from the bail schedule. (Cal.Const Art. 1 Sect. 28, PC 1270.1, and PC 1275.)In violent felony cases, the district attorneys office, Division of Victim Services and the probation department are responsible for notifying victims and witnesses that they can request notification regarding the defendant's release. The Division of Victim Services will provide the forms to those victims and witnesses. (PC 679.03(a).)Inmates convicted of murder, voluntary manslaughter, life cases, stalking or a case where the defendant inflicted great bodily injury, cannot be released on parole within 35 miles of a victim or witness. However, the victim or witness must file the appropriate form with CDCR, and CDCR must find there is a need to protect the safety and well being of the victim or witness. (PC 3003.)Upon request, when a defendant is sent to state prison, the victim or next of kin will be notified of the defendant's release to work furlough or a reentry program at least 60 days prior to placement. If the inmate escapes, the victim must be given immediate notification. The victim should keep his or her request and current address on file using a form that can be obtained through the Division of Victim Services. (PC 679.02(a)(6), PC 11155.)The Right to be Protected13 -------------------------------------------------------------------------------- Page 17 An employer with more than 25 employees may not discriminate against an employee who has been a victim of a sex crime or domestic violence when that employee seeks medical attention or counseling. (LC 230.1.)Employers must allow crime victims or family members t
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:/
Nye Frank

Actual Innocence awareness database - 0 views

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    Points of View: They Must Answer for What They've Done; Prosecutors Who Misuse Discretion or Abuse Power Should Be Held Accountable
Nye Frank

Pictures of Nye and Ty, at the scene Picasa Web Albums - dbreedlove - TheHomicideOfNyeF... - 0 views

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    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
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    Riverside DA office kept saying Nye had a heart attack and no injuries. They originally refused to release the sheriff report and autopsy. They said Lee Frank just imagined that Ty was beating him up for such a long time. The prosecutor Daiama Calhoun said she did not care what the autopsy showed she made up her mind. Mike Rushton her manager sealed the autopsy xrays and lab to prevent the family access to them. He claimed privacy. Imagine he is a judge now. See my letters to the DA victim advocate Kim Emmerling. Mike finally admitted Nye was strangled. But he was so confident in his ability to block Lee Frank from Justice he did not care.
Nye Frank

Metropolitan Police Department main page - 0 views

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    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
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    Metropolitan Police Department Main Page Home Bibliography Calendar Columns Dorothy Brizill Bonnie Cain Jim Dougherty Gary Imhoff Phil Mendelson Mark David Richards Sandra Seegars DCPSWatch DCWatch Archives Council Period 12 Council Period 13 Council Period 14 Election 1998 Election 2000 Election 2002 Elections Election 2004 Election 2006 Government and People ANC's Anacostia Waterfront Corporation Auditor Boards and Com BusRegRefCom Campaign Finance Chief Financial Officer Chief Management Officer City Council Congress Control Board Corporation Counsel Courts DC2000 DC Agenda Elections and Ethics Fire Department FOI Officers Inspector General Health Housing and Community Dev. Human Services Legislation Mayor's Office Mental Health Motor Vehicles Neighborhood Action National Capital Revitalization Corp. Planning and Econ. Dev. Planning, Office of Police Department Property Management Public Advocate Public Libraries Public Schools Public Service Commission Public Works Regional Mobility Panel Sports and Entertainment Com. Taxi Commission Telephone Directory University of DC Water and Sewer Administration Youth Rehabilitation Services Zoning Commission Issues in DC Politics Budget issues DC Flag DC General, PBC Gun issues Health issues Housing initiatives Mayor's mansion Public Benefit Corporation Regional Mobility Reservation 13 Tax Rev Comm Term limits repeal Voting rights, statehood Williams's Fundraising Scandals Links Organizations Appleseed Center Cardozo Shaw Neigh.Assoc. Committee of 100 Fed of Citizens Assocs League of Women Voters Parents United Shaw Coalition Photos Search What Is DCWatch? themail archives Materials from the Metropolitan Police Department: Citizen Complaint Report Form, PD-99 Materials on the Metropolitan Police Department. Neighborhood Safety Zone Initiative Mayor Adrian Fenty, MPD Chief Cathy
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    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
Nye Frank

Nye Frank - Google Search - 0 views

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    Freight Train, Drag Racing, Off Road Racing, race-dezert, dusty times, Nye Frank, Justice for Nye Frank, Riverside County, Homicide coverup, Rod Pacheco, Daima Calhoun, San Bernardino, Norco, Phil, Ty, Reddish
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    What is this page? powered by Search the Web Search draglist.com Ads by Google Nye Frank Info Public-records-now.com 1 Minute to Search (free summary) Locate Nye Frank . Find Frank Nye www.usa-people-search.com Get current address, phone & more. Easy to use, search for free! 2009 New Years in NYC nyctrip.com 3 Night Times Square Hotel Packages Specially Priced for Early Bookings Excellent 2009 Rates BearCreekMnt.com Reserve your Colorado Cabin now! Mountain Views & Hot Tub/ Denver Web Results 1 - 10 of about 179 from draglist.com for Nye Frank . ( 0.41 seconds) powered by Draglist.com Drag Racing :: View topic - Nye Frank Nye Frank passed away recently from a apparent heart attack. Nye campaigned a dragster called the Frank, Brown and Weddle car in the late 50's. ... www.draglist.com/phpBB2/viewtopic.php?t=1972&sid=afce8d2634f28eb9f2a1a61552e83a41 - Similar pages Drag Racing Story of the Day - Early History Of The Hydrogen ... New bodywork was fabricated including wheel pants by Nye Frank for the front and rear wheels. The problem with the front wheel pants was they had at least ... www.draglist.com/stories/SOD%20Mar%202002/SOD-031402.htm - Similar pages The Drag Racing List All-Time Quickest Supercharged/Injected Gas ... ... 191.28 Rick Apogionan Smog Alert Chev 78 Long TGW CA 1992 12 6.855 214.88 Bob Muravez Freight Train Chry 70 Nye Frank TGD CA 1971 13 6.859 192.76 Robert ... www.draglist.com/lists/gdq32.txt - Similar pages The Drag Racing List Quickest Supercharged/Injected Gas Dragsters ... ... Chev 90 NSP TGW CA 1993 1993 13 7.290 187.11 Frank Malvaso Time Traveler ...
Nye Frank

conspiracy, immunity court - 0 views

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

related:/interstitial?url=http://www.foruminfotech.net/legalaid/your_invitation.html - ... - 0 views

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    1 Web Images Maps News Video Gmail more ▼ Shopping Groups Books Scholar Finance Blogs YouTube Calendar Photos Documents Reader Sites even more » crystalfinancial@gmail.com | Web History | My Account | Sign out Google Advanced Search Preferences Web Results 1 - 10 of about 4,940 for legal clinic helps self represented litigants for elders . ( 0.31 seconds) Search Results Self-Representation Resource Guide Jan 13, 2009 ... "Self Represented Litigants and Court and Legal Services Responses to their Needs: What We ... Provides links to various legal hotlines for the elderly. ... Starting a Court-Based Self Help Center: 12 Core Resources. ... www.ncsconline.org/wc/CourTopics/ResourceGuide.asp?topic=ProSe - 61k - Cached - Similar pages - [PDF] ACTION PLAN TO ASSIST SELF-REPRESENTED LITIGANTS File Format: PDF/Adobe Acrobat - View as HTML San Francisco's Action Plan will serve self-represented litigants in San ... collection, traffic, guardianship issues, and court services for elders ... (a) We are currently providing most self-help services at the Civic Center ... Cooperative Restraining Order Clinic, Volunteer Legal Services Program and Eviction ... www.courtinfo.ca.gov/programs/equalaccess/documents/san_francisco.pdf - Similar pages - [PDF] Notes from the Mini White House Conference on Aging Session File Format: PDF/Adobe Acrobat - View as HTML The private bar is more involved in legal services for elders ... of legal assistance to self-represented litigants, including exploration of the role of ... www.whcoa.gov/about/des_events_reports/ Legal %20Services%20Min
Nye Frank

Nye Frank - 0 views

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    My Recent Bookmarks Friends' Recent Bookmarks Unread Bookmarks Bookmarks shared with me Recent Bookmarks X My Recent Bookmarks more » homicide case, administrative, exceptional Tags: homicide , case , closed , administrative , closure , exceptional about 3 hours ago Yahoo! News Search Results for supreme court cases elder victims of crime california legal assistance civil cases Tags: supreme , court about 3 hours ago Search Results - National Criminal Justice Reference Service Tags: Riverside , County , Corruption , publications , elder , abuse , court , system about 3 hours ago Topic - National Criminal Justice Reference Service Tags: crime , reference , service , victims , elders about 3 hours ago related:/interstitial?url=http://www.foruminfotech.net/legalaid/your_invitation.html - Google Search Tags: self , litigation , courts , elders , pro , se , legal , clinic , how , to about 3 hours ago Friends' Recent Bookmarks more » Find your friends to share great findings and see what you have in common. Bookmarks shared with me more » Yon don't have shared bookmarks from your friends See My Friends » Friends Activities NO friends with recent activities. Invite Friends Now Recent Visitors to My Profile No recent visitors yet 4 unread bookmarks Bookmarks specially shared with me My Diigo Tools My Account Nye Frank View My Profile Edit my profile Edit my picture Invite Your Friends Adding friends will enable you to have more meaningful knowledge sharing and interaction. Invite friends » Download Toolbar Download New Diigo Toolbar Sponsored links
Nye Frank

related:www.offroadfabnet.com/forums/showthread.php?t=3989 - Google Search - 0 views

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    Offroad Fabrication Network This is Offroad Fabrication Network discussion forum powered by vBulletin. To find out about our forum, go to http://www.offroadfabnet.com/ . www.offroadfabnet.com/ - 52k - 9 hours ago - Cached - Similar pages Race Car Fabrication - OFN Forums There is a lot of cool fabriaction going on the race car industry, show us what you got. www.offroadfabnet.com/forums/forumdisplay.php?f=130 - 74k - 6 hours ago - Cached - Similar pages Badland Buggy - Off Road Vehicles - Download Buggy Plans http://www.chukkacaribbean.com/dogsled.php. Chukka Caribbean Tours, a huge tour operating company based in Jamaica near Ocho Rios, offers a unique Dog Sled ... www.badlandbuggy.com/links.html - 8k - Cached - Similar pages Tubing, Benders Racing Parts - Race Industry Performance Racing Directory. Find Tubing, Benders Racing Parts - Race Industry on the racing directory for car parts and high performance racing parts. www.raceindustry.com/index.html?catid=378 - 52k - Cached - Similar pages Roll Cage Fabrication Roll Cage Design & Fabrication. Click to read the changes to ROPS in 07. NEWSFLASH! After a recent meeting CAMS is looking at changing the basic ... www.mmsport.com.au/Roll_Cage_Fabrication.php - 12k - Cached - Similar pages Weld Talk Message Board and Online Forum - Hobart Welders Register and take part in discussions on welding equipment, welding applications and welding projects with Hobart's Weld Talk online forum. www.hobartwelders.com/mboard/ - 68k - 7 hours ago - Cached - Similar pages Badlands Wasp Chassis' - Pirate4x4.Com Bulletin Board 3 posts - 1 author - Last post: Sep 5, 2005 There is a reason that every east coast event this year has been won by a Badlands buggy. Buy the same chassis that some of the top ... www.pirate4x
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.
  • ...1 more comment...
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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.
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