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Nye Frank

Enforcing the ADA, Status Report from the Department of Justice, October - December, 2007 - 0 views

shared by Nye Frank on 07 Apr 09 - Cached
  • Miller v. Johnson -- The Department intervened in the U.S. District Court for the Eastern District of Virginia to defend the constitutionality of an inmate’s private title II lawsuit for damages against Virginia prison officials. The inmate alleges that he is an individual with a disability because of various health conditions and that he required reasonable modifications in prison rules, policies, and practices. Virginia asserted that Congress lacked authority under the ADA to remove the State’s immunity because the ADA’s protections go further than the equal protection rights guaranteed by the U.S. Constitution. The Department argued that Congress had the authority to remove State immunity because the ADA is appropriate legislation under the Constitution to remedy the history of pervasive discrimination against people with disabilities, including in prison administration.
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      no immunity
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    Therefore, even under Bell Atlantic, the Supreme Court does not require "heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face." 127 S.Ct at 1974. We further note, unlike the requirement articulated in Bell Atlantic that under Fed. R. Civ. P. 8(a)(2), a complaint must contain allegations sufficient to show a "plausible" entitlement to relief, there is nothing in the OOC Procedural Rules requiring that an administrative complaint filed with the OOC show an entitlement to relief, Thus, § 5.01 (c)(1) of the Procedural Rules requires only that an administrative complaint include: "(iv) a description of the conduct being challenged…; (v) a brief description of why the complainant believes the challenged conduct is a violation of the Act and the section(s) of the Act involved; (vi) a statement of the relief or remedy sought…."
Nye Frank

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

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

Diigo & Google - 0 views

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    Did you mean: http://www.ndaa.org/apri/index.html Custom Search APRI Home PageAPRI provides training and technical assistance to the National District Attorneys Association, and maintains specialized units focusing on such areas as ... www.ndaa.org/apri/index.html Topic - Related Links - National Criminal Justice Reference ServiceAmerican Prosecutors Research Institute (APRI) http://www.ndaa.org/apri/index.html. American Prosecutors Research Institute (APRI): DNA Forensics Program ... www.ncjrs.gov/App/Topics/MoreLinks.aspx?TopicId=29 APRI Highlights - American Prosecutors Research InstituteAs an affiliate of the National District Attorneys Association (NDAA), APRI's mission is to provide America's 27000 local prosecutors -- the elected and ... www.ndaa.org/publications/newsletters/apri_highlights_index.html RESEARCH - Health Organizations Directory Resultshttp://www.aicr.org/site/PageServer; American Prosecutors Research Institute (details) http://www.ndaa.org/apri/index.html; American Society for Clinical ... www.4woman.gov/Search/catalog.cfm?searchtype=orgtopic&topic=547 NDAA/APRI PublicationsCurrent names, addresses, telephone and fax numbers of America's Prosecutors at your fingertips. $35.00 NDAA members; $50.00 Non-members ... www.ndaa.org/publications/apri/index.html PND - NPO Spotlight - American Prosecutors Research Institute99 Canal Center Plaza, Suite 510. Alexandria, VA 22314. Fax: (703) 836-3195. E-mail: jennie.drimmer@ndaa-apri.org. URL: http://www.ndaa.org/apri/Index.html ... foundationcenter.org/pnd/spotlight/spotlight.jhtml;jsessionid=UD1JINHJ5FL5DLAQBQ4CGXD5AAAACI2F?id=1300058 Related Linkshttp://www.apsac.org. American Prosecutors Research Institute http://www.ndaa.org/apri/Index.html. American Psychiatric Association http://www.psych.org ... childabuse.georgiacenter.uga.edu/links.phtml SearchNDAA's affiliate, American Prosecutors Research Institute (APRI) provides specialized training/technical assi
Nye Frank

APS Administrative requests are unusual situations that require authorizationhttp://www... - 0 views

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    Administrative requests are unusual situations that require authorization from the Deputy Director.
Nye Frank

APS Problems with the Legal Systemhttp://www.apsnetwork.org/Resources/docs/ProblemsFaci... - 0 views

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    Problems with the Legal System Problems with law enforcement (19%) were viewed as barriers to service delivery for APS clients and were manifested in such areas as: lack of training for law enforcement staff, inadequate criminal investigations, low rates of prosecution, and unwillingness of the courts to deal with APS issues. One state mentioned that no single agency had authority to investigate allegations of adult abuse, neglect and exploitation and that coordination among agencies was problematic. Another state mentioned that neglect and exploitation cases may sit in the prosecutor's office for six to nine months with no action. A lack of coordination and collaboration between APS agencies and law enforcement was mentioned by several states.
Nye Frank

Federal Rules of Criminal Procedure - Rule 58 (LII 2009 ed.) - 0 views

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    (G) any right to a preliminary hearing under Rule 5.1, and the general circumstances, if any, under which the defendant may secure pretrial release. (3
Nye Frank

elder right to civil legal help - 0 views

shared by Nye Frank on 19 Mar 09 - Cached
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    PDF] The Importance of Collaborating to Secure a Civil Right to CouFile Format: PDF/Adobe Acrobat - View as HTML meaningful access to justice through a civil right to counsel. .... the court found a right to counsel for victims of domestic violence .... denied their right to a fair hearing under Article 6, .... They must secure sufficient funds to support the .... elderly." Resolution on Right to Counsel in Housing Court, ... www.nycourts.gov/ip/partnersinjustice/Right-to-Counsel-Collaboration.pdf ACLU | Transition Plan | First Day, First Hundred Days, First Year ...Fair housing for domestic violence victims. Discrimination remedies ..... The Bush Administration has been attempting to implement a domestic airline .... Appoint all members to the Privacy and Civil Liberties Oversight Board and strongly urge ..... privilege and the right to counsel guaranteed by the Constitution. ... www.aclu.org/transition/ Preventing Violence Against WomenFeb 26, 1999 ... To help break the cycle of violence, the Clinton Administration has made stopping .... Immigration Bill Provision for Domestic Violence Victims ... services and are not denied services due to changes in deeming rules. ... AoA funds state elder abuse prevention programs in all 50 states that focus on ... library.findlaw.com/1999/Feb/26/127977.html Working with Victims of Crime with DisabilitiesOct 1, 2008 ... Historically, all victims of crime have been denied full participation in the criminal justice process. .... Some victims, particularly elderly and those with developmental ..... The Violence Against Women Grants Office and the Civil Rights ... The right to counsel. * The right to reparations. ... www.ojp.usdoj.gov/ovc/publications/factshts/disable.htm Depending on the Kindness of Strangers: Making Civil Gideon a ...Become an Agent of Change: Support JWI's Campaign for Domestic Violence Awareness Month ... Weinberg Elder Abuse Shelter Casts a Broader Safety Net ... violated when indigent
Nye Frank

The Elderly Adult Protection Services Act california - Google Search - 0 views

shared by Nye Frank on 19 Mar 09 - Cached
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    adult protective services
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