The Civil Litigation Management Manual published by the US Judicial Conference

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]

Law, Tort, Administrative, Hate Crimes, Corruption, Sheriff,

Victim Rights in California [ TOP ] Victims of crime and the families of homicide victims have the right to: Know the current status of your court case. Be assisted if called as a witness. Attend all sentencing proceedings. Speak in person; address the court in writing; or be represented by an attorney at the time of felony sentencing to express your views concerning the defendant, the crime, and its effects on you and your family. Have the court order restitution from the convicted person. Request the Board of Prison Terms to provide notice of any hearing to review or consider parole eligibility or parole-setting for prisoner(s) in your case. You must keep the Board of Prison Terms informed of your current address if you wish to be notified. Speak personally; submit a letter, tape recording or video tape; or send an attorney to the parole hearing to express your views about the crime and the person responsible. Program Services Available [ TOP ] The following mandatory and optional services, mandated by the Office of Emergency Services, are provided: Mandatory Services Crisis Intervention Emergency Assistance Resource and Referral Assistance Follow-up Assistance Property Return Assistance Orientation to the Criminal Justice System Victim Impact Statement Assistance Court Escort/Court Support Case Status/Case Disposition Information Notification of Family/Friends Employer Notification Victim of Crime Claims Assistance Restitution Assistance Optional Services Creditor Intervention Child Care Assistance Witness Notification Funeral Arrangement Assistance Crime Prevention Information Witness Protection Assistance Temporary Restraining Order Information Transportation Assistance Court Waiting Area Employer Intervention Language Capabilities: Confidential language service available to translate all languages. State Victim of Crime Compens

VIP We in law enforcement have a special obligation to the most vulnerable of crime victims. Those who have suffered life-devastating crimes - elder abuse, sexual assault, stalking, family violence and hate crime - should be treated with dignity and supported. They deserve all the compassion and protection that we in the criminal justice system can provide. To ensure that the victims of these highly traumatic crimes are given the best possible treatment, the District Attorney's Office has established the Victim Impact Program (VIP). This program places specially trained prosecutors in Branch and Area offices throughout the county to specifically deal with these types of cases. This bolsters the offices vertical prosecution efforts, ensuring that one prosecutor handles these cases from start to finish. Under VIP, law enforcement also benefits. Investigators present their cases directly to a VIP coordinator, who assigns each to a specially trained prosecutor and oversees their handling. This assures expert treatment from beginning to end.

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

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)

Planning/Needs Assessment* Provided expertise, guidance andinput to the 2006-2007 annualupdate of the 2005-2009 StrategicPlan-Strength in Aging.* Convened a public hearing on the2005-2009 Strategic Plan-Strengthin Aging annual update.Leadership Development* Hosted overview of the Ralph M. Brown Act and Conflict ofInterest by County Counsel.■ Held an Advisory Council Orientation Day to provideinformation to the Council members on Older AmericansAct, committee assignments and structure, HelpLInkpresentation, handbooks, Council reporting requirementsand an overview of the Strategic Plan on Aging.* Continued leadership participation and close allqnmentwith TACC (Triple A Council ofCalifornia).* Represented Advisory Councilon the Foundation cBoard.* Convened and chaired Housingand Transportation Standing CommitteeIntergenerational/Quality of Life Standing Committee'Grandparents Raising Grandchildren Task Force'Caregiver Standing Committee, Health/Wellness StandingCommittee, Public Relations SubcommitteeIntergovernmental Subcommittee, Ad Hoc Food BankCommittee, Ad Hoc White House Conference on AgingCommittee, ByLaws Committee, and MembershipCommittee.* Recruited three new Advisory Council members.* Attended C4A Annual Meeting and Allied Conference inIrvine, California. -------------------------------------------------------------------------------- Page 5 Submitted Older Americans Act Reauthorization, OlderCa ifornians Act Appropriations, Death Certificate Fees forstate and federal legislative proposals to the ExecutiveOffice for inclusion in the County legislative platform.* Supported and hostedroundtable discussionsregarding the issuessurrounding the newMedicare Part D changes.Ri,.ha„rü u " Hosted Presentation fromRichard Hayes on the statistic and demographic dataassociated with Prop 63 budgets.Attended Senior Inspiration awards in Palm Springs.Hosted a discussion with Donna Dahl, Riverside CountvAÖ PlaT"' °f Mental Hea"h °n the Mental Heal,h

Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some time as the senior population ages. Recent increases in Older Americans Act funding will support the creation of two additional social work positions. These positions are being filled. A third social work case manager will be hired on a temporary basis using one year planning grant funds recently approiied by the CA. Dept of Health Services to test a new integrated case management model in partnership with the RCRMC and other community agencies in Riverside County. That position will become permanent if Older Americans Act or Older Californians Act funding is available when the planning grant ends (June 03).

Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some time as the senior population ages. Recent increases in Older Americans Act funding will support the creation of two additional social work positions. These positions are being filled. A third social work case manager will be hired on a temporary basis using one year planning grant funds recently approiied by the CA. Dept of Health Services to test a new integrated case management model in partnership with the RCRMC and other community agencies in Riverside County. That position will become permanent if Older Americans Act or Older Californians Act funding is available when the planning grant ends (June 03).

The three CTSA's (Coordinated Transportation Service Agencies) are mandated under federal and state law to develop and implement transportation plans for Riverside County. The Office on Aging conducts community needs assessments and public hearings on the transportation needs of seniors and adults with disabilities, and makes this information available to the CTSAs. -------------------------------------------------------------------------------- Page 4 Response to Grand Jury Report Page 3 * - - . The Advisory Council on Aging recently held a public forum on transportation issues affecting seniors and adults with disabilities in Riverside County, and heard extensive testimony from providers and consumers on current transportation programs and resources, and unmet transportation needs. This information was disseminated widely, and also provided a basis for advocating for improved transportation services for seniors and adults with disabilities in the plan that is developed and implemented by the CTSAs. Recommendation #3: Riverside County Transit Authority provides benches, route maps and bus schedules at all public bus stops. Office on Aging agrees with the finding, but has no direct control over Riverside County Transit Authority. This recommendation will be shared with the Advisory Council on Aging to be included in their advocacy efforts for improved and expanded transportation. The Council will ask RCTA to make improvements at bus stops. Recommendation #4: RCOOA immediately hire a minimum of three additional case managers to meet current and expected workloads. The recommendation will be fully implemented within the next 60 days. Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some ti

Civil Rights/Legal Assistance for the Disabled A disabled person has, by law, guaranteed rights to education, employment, health care and other public or private services that are federally funded. If you feel that a school, hospital or social service is violating these rights, write or call your regional Office for Civil Rights of the Department of Health and Human Services.

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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

Section 3 establishes procedures for the court to dismiss or settle a whistleblower action under the TAF Model Bill and procedures for a whistleblower to be heard on the AttorneyGeneral's motions to dismiss or settle such an action. These provisions differ from the federal civil FCA, however, by (a) requiring only the written consent of the court, not the Attorney General, (b) requiring the court to take "the best interest of the parties involved and the public purposes behind this chapter" into account prior to granting a dismissal, and (c) granting whistleblowers additional rights in these proceedings. These additional requirements, rights, and evidentiary privileges could clearly be problematic in litigation involving pendent state claimsunder the federal civil FCA. Arguably, these provisions also interfere with the Attorney General's prosecutorial discretion and the separation of judicial and executive powers

3.3 Finally, counsel claims that the failure of the State party to ensure a prompt and impartial investigation of allegations of torture in connection with the death of Mr. Akhimien, as well as the failure to ensure that the family of the deceased received adequate compensation, constitute violations of articles 12, 13 and 14 of the Convention. http://209.85.173.132/u/uofmn?q=cache:-gvBJa5NKegJ:www1.umn.edu/humanrts/cat/decisions/67-1997.html+coroner+tort+cases&cd=1&hl=en&ct=clnk&gl=us&lr=lang_en&ie=UTF-8