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Nye Frank

Winter, Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50 choke hold storyMetaphor of Standing and the Problem of Se - 0 views

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

standing selfgovernance

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

Criminology, Law Enforcement, Elder Abuse, and Senior Victimization - 0 views

www.ncea.aoa.gov/...07CriminologyAnnotatedBib.aspx

Elder Law Strangulation Mandates Corruption

shared by Nye Frank on 07 Mar 09 - Cached
  • Law Enforcement and Adult Protective Services Working Together: A Team Approach to Elder Abuse CasesAge in Action; Vol. 19 (3), Summer 2004.Journal article (scholarship)This article highlights the Central Virginia Task Force on Older Battered Women (OBW Task Force), a regional coalition of aging, domestic violence (DV), law enforcement, and legal services agencies dedicated to raising awareness of the needs of women who experience domestic violence/intimate partner violence and sexual assault in later life. Established in 1998, the project focuses on developing collaborative and interdisciplinary community responses to address violence against older women. A case study is presented from Henrico County that illustrates how adult protective services (APS) and the police department conducted a joint investigation of a sexual assault of a 65 year old assisted living facility resident. The following key elements for successful collaboration were identified: the need for all members to understand and respect the expertise and distinct role of each member; the need for investigators to attempt to conduct joint interviews whenever possible; and to the need to ensure that time and resources are shared effectively. (Note: This article is available online only at:   http://www.vcu.edu/vcoa/ageaction/AGEsu04.htm.) 2003 P5623-25Heisler, C. & Stiegel Enhancing the Justice System's Response to Elder Abuse: Discussions and Recommendations of the "Improving Prosecution" Working Group of The National Policy Summit on Elder Abuse Journal of Elder Abuse and Neglect; Vol. 14 (4), 31-54; 2002.**Journal article (scholarship)This article elaborates upon two of the recommendations identified through the "Improving Prosecution" working group session of the National Policy Summit on Elder Abuse (December 2001, Washington, D.C.): "improving the legal landscape by strengthening elder abuse laws" and "increasing awareness within the justice system." The following topics were considered: the role of the federal and state governments in increasing elder abuse reporting and enhancing prosecution; the need for expert witnesses, support, and technical assistance; the identification of barriers to accessing the criminal justice system; the improvement of outcomes in criminal cases; and the need for training of law enforcement, prosecutors, judges, coroners, court personnel, and advocates. The authors also provide a historical perspective on the response of the criminal justice system to elder abuse, which was initially minimal, based in part upon the underreporting of the problem. P5404-88* Johnson, K., for the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS
Nye Frank

Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 - 0 views

74.125.155.132/search

conspiracy

shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
     
    This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud
  • Nye Frank on 29 Jul 09
     
    This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud
Nye Frank

FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl

violation of rights to procedural due process sbustantive by investigation without probable cause misreprentation cacts falsify records perjury

shared by Nye Frank on 28 Jul 09 - Cached
  • In their suit, Appellants alleged that Scheer violated their rights to procedural due process by refusing to allow them to participate in his telephone conversation with the City Solicitor. They alleged that he violated their rights to substantive due process by pursuing the investigation without probable cause, misrepresenting facts to Solicitor Maser, inducing CHOP to falsify records, and attempting to suborn perjury by Dr. Henretig.2
  • . Plaintiffs also contend on appeal that the District Court erred by making credibility judgments in its summary judgment ruling. Specifically, they argue that the District Court should not have determined that the actions of Scheer were reasonable or made in good faith. We reject this argument summarily. As discussed above, plaintiffs proffered no evidence of acts by Scheer that rose to a level of arbitrariness that shocks the conscience and therefore failed to state the kind of deprivation that might rise to the level of a constitutional violation. in the District Court's construction of Scheer's behavior in this case
Nye Frank

Search Results - THOMAS (Library of Congress) - 0 views

thomas.loc.gov/...bdquery

goverment reform congress

shared by Nye Frank on 29 Jul 09 - No Cached
  • 4. H.R.282 : To prevent Members of Congress from receiving any automatic pay adjustment in 2010.Sponsor: Rep Sestak, Joe [PA-7] (introduced 1/7/2009)      Cosponsors (None) Committees: House Administration; House Oversight and Government Reform Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • Nye Frank on 29 Jul 09
Nye Frank

California Evidence Code Section 669 - California Attorney Resources - California Laws - 0 views

law.onecle.com/...669.html

evidence 669

shared by Nye Frank on 30 Jul 09 - Cached
  • Court Opinions US Supreme Court US Tax Court Board of Patent Appeals State Laws Alabama Arizona California Florida Georgia Illinois Indiana Massachusetts Michigan Nevada New Jersey New York North Carolina Oregon Pennsylvania Texas Virginia Washington US Code Copyrights Crimes Labor Patents Shipping US Constitution Preamble Art. I - Legislative Art. II - Executive Art. III - Judicial Art. IV - States' Relations Art. V - Mode of Amendment Art. VI - Prior Debts Art VII - Ratification California Evidence Code Section 669 Legal Research Home > California Lawyer > Evidence Code > California Evidence Code Section 669 Sponsored Links google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad); google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad); (a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The violation proximately caused death or injury to person or property; (3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and (4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. (b) This presumption may be rebutted by proof that: (1) The person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law; or (2) The person violating the statute, ordinance, or regulation was a child and exercised the degree of care ordinarily exercised by persons of his maturity, intelligence, and capacity under similar circumstances, but the presumption may not be rebutted by such proof if the violation occurred in the course of an activity normally engaged in only by adults and requiring adult qualifications. Section: Previous  660  662  663  664  665  666  667  668  669  669.1  669.5  670  Next Last modified: January 12, 2009 google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad);border: medium none ; margin: 0pt; paddin
Nye Frank

OFFICE OF THE DISTRICT ATTORNEY - 0 views

74.125.155.132/custom

attorney da ethics

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

http://www.cops.usdoj.gov/files/RIC/Publications/promoting%20effective%20homicide%20investigations.txt - 0 views

www.cops.usdoj.gov/...0homicide%20investigations.txt

homicide exceptional close case clearance 20homicide 20effective

shared by Nye Frank on 02 Aug 09 - Cached
  • Nye Frank on 02 Aug 09
     
    6 - Chapter 1. Introduction Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi
  • Nye Frank on 02 Aug 09
     
    6 - Chapter 1. Introduction Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi
Nye Frank

315 F.2d 312In that case we held that: "The statutory prerequisites to liability under 42 U.S.C. § 1983 are: (1) that the defendant act `under color of' state or local law, and (2) that the plaintiff be subjected to a `deprivation of any rights, privilege - 0 views

bulk.resource.org/...315.F2d.312.7066.html

color of law 1983

shared by Nye Frank on 09 Apr 09 - Cached
  • The purpose of Section 1979 is to create a right of action, enforceable in federal courts, against those who, "under color of" state law, deprive any person of any rights, privileges and immunities guaranteed by the Constitution and laws. Monroe v. Pape, supra.2 We are convinced that the legal principles involved in this case are not distinguishable from Monroe v. Pape, supra, and Stringer v. Dilger, supra, and that it was error to direct a verdict for the police officer defendants. See Hardwick v. Hurley, 7 Cir., 289 F.2d 529. A jury question was presented as to whether the conduct of the police officers on the different occasions was so arbitrary, unreasonable and without probable cause as to subject the plaintiff to a deprivation of rights guaranteed by the Constitution of the United States.
    • Nye Frank
      Nye Frank on 09 Apr 09
       
      In that case we held that: "The statutory prerequisites to liability under 42 U.S.C. § 1983 are: (1) that the defendant act `under color of' state or local law, and (2) that the plaintiff be subjected to a `deprivation of any rights, privileges, or immunities secured by the Constitution and laws.' * * *" (Footnote omitted.) Stringer v. Dilger, supra.
  • Nye Frank on 09 Apr 09
     
    In that case we held that: "The statutory prerequisites to liability under 42 U.S.C. § 1983 are: (1) that the defendant act `under color of' state or local law, and (2) that the plaintiff be subjected to a `deprivation of any rights, privileges, or immunities secured by the Constitution and laws.' * * *" (Footnote omitted.) Stringer v. Dilger, supra.
Nye Frank

Search Results - THOMAS (Library of Congress) - 0 views

thomas.loc.gov/thomas

probation legislative elder law in hearings legislation research congress

shared by Nye Frank on 29 Jul 09 - Cached
  • 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse, and for other purposes.Sponsor: Rep Sestak, Joe [PA-7] (introduced 1/9/2009)      Cosponsors (5) Committees: House Judiciary; Senate Judiciary Latest Major Action: 2/12/2009 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • Nye Frank on 29 Jul 09
     
    The Library of Congress > THOMAS Home > Bills, Resolutions > Search Results THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display Limited To: DATES FROM 01/01/2007-01/01/2010 31 Bills from the 111th Congress ranked by relevance on "probation " . 31 bills containing your phrase (or variants of its words) in the same order . Listing of 31 bills containing your phrase (or variants of its words) in the same order . 1 . CAN DO Act of 2009 (Introduced in House) [H.R.1303.IH] 2 . Ex-Offenders Voting Rights Act of 2009 (Introduced in House) [H.R.59.IH] 3 . MEGA (Introduced in House) [H.R.330.IH] 4 . Whereas there are approximately three million Americans employed within the justice system; (Engrossed as Agreed to or Passed by House) [H.RES.45.EH] 5 . SERV Act (Introduced in Senate) [S.902.IS] 6 . SERV Act (Introduced in House) [H.R.2138.IH] 7 . Whereas there are approximately three million Americans employed within the justice system; (Introduced in House) [H.RES.45.IH] 8 . Safeguarding America's Seniors and Veterans Act of 2009 (Introduced in House) [H.R.746.IH] 9 . Managing Arson Through Criminal History (MATCH) Act of 2009 (Introduced in House) [H.R.1727.IH] 10 . Calling on the Government of Vietnam to release from prison, end the detention without trial, and cease the harassment and house arrest of the people who signed the Manifesto on Freedom... (Introduced in House) [H.RES.334.IH] 11 . Expressing the sense of the House of Representatives that the President of the United States should not issue pardons to senior members of his administration during the final 90 days... (Introduced in House) [H.RES.9.IH] 12 . National Criminal Justice Commission Act of 2009 (Introduced in Senate
Nye Frank

U.S. Code - 0 views

law2.house.gov/...fastweb.exe

shared by Nye Frank on 21 Apr 09 - Cached
  • Grant amounts under this section may not be used to bring a cause of action for damages. (c) False Claims Act
    • Nye Frank
      Nye Frank on 21 Apr 09
       
      victim funds
Nye Frank

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA - 0 views

209.85.173.132/search

shared by Nye Frank on 24 Apr 09 - Cached
  • Nye Frank on 24 Apr 09
     
    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
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