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Nye Frank

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

www.ada.gov/octdec07.htm

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.
    • Nye Frank
      Nye Frank on 07 Apr 09
       
      no immunity
  • Nye Frank on 07 Apr 09
     
    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

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

www.usdoj.gov/...polmis.php

civil rights police misconduct deny color of the law

shared by Nye Frank on 15 Apr 09 - Cached
  • Nye Frank on 15 Apr 09
     
    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...
  • Nye Frank on 15 Apr 09
     
    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
  • Nye Frank on 15 Apr 09
     
    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
  • Nye Frank on 15 Apr 09
     
    What information should I include in a complaint to DOJ? Your complaint, whether alleging violations of criminal or civil laws listed in this document, should include the following information: Your name, address, and telephone number(s). The name(s) of the law enforcement agency (or agencies) involved. A description of the conduct you believe violates one of the laws discussed above, with as many details as possible. You should include: the dates and times of incident(s); any injuries sustained; the name(s), or other identifying information, of the officer(s) involved (if possible); and any other examples of similar misconduct. The names and telephone numbers of witnesses who can support your allegations. If you believe that the misconduct is based on your race, color, national origin, sex, religion, or disability, please identify the basis and explain what led you to believe that you were treated in a discriminatory manner (i.e., differently from persons of another race, sex, etc.). Reproduction of this document is encouraged.
Nye Frank

New Directions from the Field: Chapter 16 - 0 views

www.ojp.gov/...chap16.htm

stalking

shared by Nye Frank on 15 Apr 09 - Cached
  • Nye Frank on 15 Apr 09
     
    9 See CAL. CIVIL CODE ¤1708.7 and WYO. STAT. ANN. ¤1-1-26. California's law allows victims of stalking to sue perpetrators for punitive damages.
  • Nye Frank on 15 Apr 09
     
    Moreover, all 50 states and the District of Columbia have enacted anti-stalking laws, most of which impose criminal sanctions against stalkers. A few state legislatures have also enacted laws that create a civil law tort of stalking allowing victims of stalking to sue perpetrators for monetary damages.9 Finally, many laws have been passed that provide legal recourse for hate-motivated violence based on a victim's race, color, national origin, religion, gender, sexual orientation, disability, or age.10 Recommendations from the Field for Civil Remedies Civil Remedies Recommendation from the Field #1 Crime victims should be fully informed of their legal rights to pursue civil remedies. It is always the victim's decision whether or not to pursue a civil action against a
Nye Frank

In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the Federa... - 0 views

searchjustice.usdoj.gov/search

tort cal. 14th pro bono crime victims

shared by Nye Frank on 15 Apr 09 - Cached
  • Nye Frank on 15 Apr 09
     
    Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions to victimization
  • ...8 more comments...
  • Nye Frank on 15 Apr 09
     
    violence victims that are set forth in its Domestic Abuse Code. VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #22 Victims of crime should have rights at administrative proceedings, including the right to have a person of their choice accompany them to the proceedings, the right to input regarding the sanction, and the right to notification of the sanction. Agencies and institutions that seek to hold their employees or students accountable for their alleged criminal or negligent behavior often do so through administrative proceedings, including disciplinary hearings on college campuses in sexual assault cases and other crimes that violate college rules. Governmental and private sector organizations also conduct administrative hearings when an employee is accused of misconduct, which sometimes also constitutes a criminal act. These hearings are held to determine whether an employee or student should be dismissed or sanctioned. Victims often complain about their lack of rights and protections at these hearings. For example, at disciplinary hearings on college campuses and in schools, as well as administrative proceedings when criminal justice personnel are accused of conduct violations, victims are frequently not allowed such fundamental rights as the right to be accompanied by a person of their choice and the right to submit a victim impact statement before the offender is sanctioned.Agencies and institutions should review their disciplinary codes and ensure that From tribal police intervention to tribal court proceedings, the victims of violent crime in Indian country must have rights available to them. They must be informed of their rights, encouraged to exercise their rights, and be protected from further harm. This is the basic responsibility of a tribal criminal justice system. Joseph Myers, Executive Director, National Indian Justice Center In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the
  • Nye Frank on 15 Apr 09
     
    * Substantial numbers of victims in states with both strong and weak protection were not notified of other important rights and services, including the right to be heard at bond hearings, the right to be informed about protection against harassment and intimidation, and the right to discuss the case with the prosecutor.44
  • Nye Frank on 15 Apr 09
     
    While the majority of states mandate advance notice to crime victims of criminal proceedings and pretrial release, many have not implemented mechanisms to make such notice a reality.
  • Nye Frank on 15 Apr 09
     
    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #6 Victims and witnesses of crime should have the right to reasonable protection, including protection from intimidation. The safety of victims and witnesses should be considered in determining whether offenders should be released from custody prior to completing their full sentence. The right to protection from intimidation, harassment, and retaliation by offenders and the accused is becoming a major focus of public and law enforcement attention. Justice officials report an increase in the harassment and intimidation of witnesses, making it increasingly difficult to obtain convictions because crime victims and witnesses are afraid to testify.63 Legislatures have attempted to address this problem by mandating "no contact" orders as a condition of pretrial or posttrial release. In addition, victims' bills of rights generally require victims to be notified at the outset of the judicial process about legal action they can take to protect themselves from harassment and intimidation.
  • Nye Frank on 15 Apr 09
     
    Congress made restitution mandatory in federal criminal cases involving violent crimes with the enactment of the Mandatory Victim Restitution Act,Title II of the Antiterrorism and Effective Death Penalty Act.73
  • Nye Frank on 15 Apr 09
     
    All crime victims should have the right to a full range of services and support to help them recover physically, psychologically, and in practical ways from the effects of crime, whether or not they report the crime or become involved in related criminal prosecutions or juvenile adjudications. In the aftermath of victimization, victims may have many different needs.Victims who report crime need information, assistance and protection when they choose to participate in the criminal and juvenile justice process. Not only should victims have the right to be heard or consulted in decisions that affect them, but they should receive protection if they are witnesses and transportation to and from legal proceedings.
  • Nye Frank on 15 Apr 09
     
    Victims should have standing to enforce their rights, and sanctions should be applied to criminal and juvenile justice professionals who deny victims their fundamental rights
  • Nye Frank on 15 Apr 09
     
    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #19 States and the federal government should create compliance enforcement programs, sometimes referred to as victim ombudsman programs, to help facilitate the implementation of victims' rights. 29 Chapter 1: Victims' Rights State victims' rights compliance enforcement programs oversee justice officials' and agencies' compliance with crime victims' statutory and constitutional rights and investigate crime victim complaints relevant to those rights being violated.93 A few states have created such programs within an existing agency or have established a new, statelevel oversight authority. In initiating such a program, officials should consider the importance of meaningful remedies and sanctions for noncompliance with victims' rights laws; and ensure that victims, victim service providers, advocacy groups, and victim-sensitive justice professionals are involved in the program planning process. In addition, justice agencies should consider increasing crime or court surcharges to support a compliance enforcement functions, and should evaluate overall compliance enforcement system. Innovative approaches to victims' rights oversight have been implemented in several states: * The Minnesota Office of the Crime Victims Ombudsman (OCVO) protects the rights of victims by investigating statutory violations of victims' rights laws and mistreatment by criminal justice practitioners. OCVO is authorized to initiate its own investigation of alleged violations, recommend corrective action, and make its findings public to both the legislature and the press. * The South Carolina Office of the Crime Victims' Ombudsman is empowered to act as a referral entity for victims in need of services, a liaison between victims and the criminal and juvenile justice systems in the course of their interaction, and a resolver of complaints made by victims against elements of those systems and against victim assistance programs. In
  • Nye Frank on 15 Apr 09
     
    The Supreme Court in Owen undertook a textual analysis. By the Court's methodology, broad statutory language -- coupled with silence on the subject of privileges, immunities, and defenses -- means that municipalities are liable in federal court for civil rights violations. Owen, 100 S.Ct. at 1407. Its [the statute's] language is absolute and unqualified; no mention is made of any privileges, immunities, or defenses that may be asserted. Rather, the Act [§ 1983] imposes liability upon "every person" who, under color of state law or custom, "subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities of the Constitution and laws." And Monell [supra] held that these words were intended to encompass municipal corporations as well as natural "persons."
  • Nye Frank on 15 Apr 09
     
    Seminole notwithstanding, these cases do not support the conclusion that a city is immune from suit under federal statutes. To the contrary, the Court has clearly established that municipalities can be amenable to civil rights suits in federal court. Owen, 100 S.Ct. at 1407; Monell, 98 S.Ct. at 2035- 2036; Mt. Healthy, 97 S.Ct. at 572. See also Howlett v. Rose, 110 S.Ct. 2430, 2444 (1990) (holding that "Federal law makes governmental defendants that are not arms of the State, such as municipalities, liable for their constitutional violations," but acknowledging that the state and its arms are immune from the reach of § 1983).
Nye Frank

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

www.usdoj.gov/...2003-1395.pet.app.html

tort esstoppel court doctor client privlege

shared by Nye Frank on 15 Apr 09 - Cached
  • 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.
  • Nye Frank on 15 Apr 09
     
    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

laws for state liability in mandated duties - Google Search - 0 views

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mandates

shared by Nye Frank on 16 Apr 09 - Cached
  • Nye Frank on 16 Apr 09
     
    The Changing Role of the Courts in Elder Abuse Cases These cases addressed a wide array of issues: immunity from liability for people .... The fraud units are mandated by the federal government and authorized to ... The growth of elder law as a practice specialty has fueled much of the ... Recommended Guidelines for State Courts Handling Cases Involving Elder Abuse. ... www.utahbar.org/sites/noecomm/html/the_changing_role_of_the_court.html - 35k - Cached - Similar pages Manual Call Of Duty 4 Pc - Manual Call Of Duty 4 Pc Apr 8, 2009 ... maryland state law jury duty masint analyst duties marriage duty ... massachusetts private duty elderly ... mandatory duty public entity liability for marine corp embassy duty ... maryland sheriff's duties marine locator non active duty ... Homicide? A muscle in Carol's arm twitched involuntarily ... technologise.com/search.php?q=manual-call-of- duty -4-pc - Similar pages The StandDown Texas Project: Law of Parties/Felony Murder Rule All of these issues give better cause to eliminate state executions, ... auxiliary sheriff's deputy, a fire marshal or an assistant fire marshal with ..... due process protections mandated by the U.S. Supreme Court's 2007 decision, ...... state's law of parties, a conspirator liability statute that posits that if ... standdown.typepad.com/weblog/ law _of_partiesfelony_murder_rule/ - 179k - Cached - Similar pages North Country Gazette » Death In Pinellas County-Excited Delirium ... The medical examiner's office ruled Tipton's death a homicide, ... In such as state of "excited delirium", experts say that physical restraint by ... Last week in Ohio, retired visiting judge Ted Schneiderman who is long past the mandated ... sheriff's officers from any liability in McCullaugh's death and to cause ...
Nye Frank

Officer Liability -- State Law Torts and the FTCA (podcast transcript) - Federal Law En... - 0 views

209.85.173.132/search

shared by Nye Frank on 16 Apr 09 - Cached
  • Miller:    Who’s considered a law enforcement officer for purposes of the Federal Tort Claims Act? Solari:    A law enforcement officer for purposes of the FTCA is anyone who can make arrests for violations of federal law, or seize evidence, or execute seizures.  If you qualify, then Uncle Sam will pay for intentional torts like assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process if those torts were committed while within scope.  Limiting that intentional tort provision to law enforcement officers makes sense, if you think about it.  The federal government asks its law enforcement officers to arrest people, conduct searches, and seize evidence.  And as we know, that often involves doing things like grabbing people, knocking them down, hitting them with an ASP… whatever.  So you’d expect law enforcement officers to be doing things that look like intentional torts.  On the other hand, you know, a person who gives out checks at the social security office shouldn’t be grabbing anybody or knocking them down, or hitting them with sticks.  Uncle Sam just doesn’t ask them to do that, so the federal government’s not going to pay when they do.
    • Nye Frank
      Nye Frank on 16 Apr 09
       
      A law enforcement officer for purposes of the FTCA is anyone who can make arrests for violations of federal law, or seize evidence, or execute seizures. If you qualify, then Uncle Sam will pay for intentional torts like assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process if those torts were committed while within scope. Limiting that intentional tort provision to law enforcement officers makes sense, if you think about it. The federal government asks its law enforcement officers to arrest people, conduct searches, and seize evidence. And as we know, that often involves doing things like grabbing people, knocking them down, hitting them with an ASP… whatever. So you'd expect law enforcement officers to be doing things that look like intentional torts. On the other hand, you know, a person who gives out checks at the social security office shouldn't be grabbing anybody or knocking them down, or hitting them with sticks. Uncle Sam just doesn't ask them to do that, so the federal government's not going to pay when they do.
Nye Frank

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

docs.google.com/View

Riverside County Homicide Report information request

shared by Nye Frank on 18 Apr 09 - Cached
  • Nye Frank on 18 Apr 09
     
    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

Riverside County Homicide Cover up - 0 views

riversidecountyhomicide.blogspot.com

nye frank homicide coverup Norco High Ty Reddish

shared by Nye Frank on 18 Apr 09 - Cached
  • Nye Frank on 18 Apr 09
     
    iinland empire coach Norco High Phil Reddish friends with people high up he states. Help cover up homicide of 68 year old man by phils son 27 year old Ty Reddish
Nye Frank

riverside county google local news on prosecutors, sheriff, da - Google Search - 0 views

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Riverside County DA Prosecutor Corruption Sheriff news investigations

shared by Nye Frank on 19 Apr 09 - Cached
  • Nye Frank on 19 Apr 09
     
    Tip: Save time by hitting the return key instead of clicking on "search" Search Results Important, Please Read!!! Nye Frank!!!! - OFN Forums - 17 visits - Apr 13 I was informed news guy Prosecutor Calhuoun's was his girl friends room mate. ... not to file charges against Reddish. http://www.pe.com/localnews/inland/s...7.27f0ad3.html .... Riverside County Sheriff Audio Recording of Nye Frank Homicide, Phil Reddish ... Nye Frank- Riverside DA ol boys club Homicide coverup ... www.offroadfabnet.com/forums/showthread.php?t=3989 - 117k - Cached - Similar pages - [ Bookmark ] Calif. DA's Investigator, 5 Family Members Found Dead - Topix - 5 visits - 10/8/08 5 posts - 3 authors - Last post: Sep 15, 2008 Local News: Cathedral City, CA ... This comes as news emerges about the retirement of its chief ... "Good prosecutors win their cases, but it takes a great ... Riverside County Sheriff Audio Recording of Nye Frank Homicide, ... http://docs.google.com/Doc... Sheriff Report showing case closed by ... www.topix.com/forum/city/cathedral-city-ca/TRTT5L42RNURTHDMK - 79k - Cached - Similar pages - Riverside County, CA Domestic Violence Attorney Profiles ... - 5:01pm Lawyers Riverside County California - Attorney Profiles Domestic Violence ... years as a reserve Deputy Sheriff with the Los Angeles County Sheriff's Department. ... I also teach a course on homicide investigation at a local community college. I have trained other prosecutors during seminars for the California ... lawyers.law.cornell.edu/lawyers/domestic-violence/california/ riverside - county - 63k - Cached - Similar pages - Riverside County, CA Attorney Profiles - Riverside County ... He has appeared on Good Morning America, CNN, Court TV, Fox News Channel and Public Television. .... He is we
Nye Frank

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

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fabricators network

shared by Nye Frank on 19 Apr 09 - Cached
  • Nye Frank on 19 Apr 09
     
    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

riverside county politics - Google Search - 0 views

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Riverside County Politics

shared by Nye Frank on 19 Apr 09 - Cached
  • Nye Frank on 19 Apr 09
     
    Tip: Save time by hitting the return key instead of clicking on "search" Search Results My Weblog: 2008's Big Winners in Riverside County Politics With 2009 having arrived dear readers, we here at Inside Riverside figured it would be a good time to look back at the year that just ended and give you our ... inside riverside .typepad.com/my_weblog/2009/01/2008s-big-winners-in- riverside - county - politics .html - 33k - Cached - Similar pages - Riverside County Politics - LosAngeles.com Riverside County Politics. Add your organization or business ... Ventura & Santa Barbara · Riverside County · San Bernadino County · Mountains & Desert ... www.losangeles.com/government/business-directory/ politics / riverside - county - 24k - Cached - Similar pages - Riverside County says builder fails to make good | Politics | PE ... Apr 11, 2009 ... The latest local Southern California news including the top Riverside news stories from around the area on PE.com. www.pe.com/localnews/ politics /stories/PE_News_Local_S_southwest12.394725a.html - 95k - Cached - Similar pages - PE.com | Southern California News | News for Inland Southern ... Concerned, connected, controversial: Jeff Burum has shaken up San Bernardino politics, housing · Riverside County supervisors will consider a ballot measure ... www.pe.com/ - Similar pages - More results from www.pe.com » Recent Articles about Riverside County -- Politics - Los Angeles Times Riverside County -- Politics related articles and photos from the Los Angeles Times newspaper archives. articles.latimes.com/keyword/ riverside - county - politics - 22k - Cached - Similar pages - Blog exposes info on Riverside county supervisor Jeff Stone stonewatchdog.blogspot.com - Read up about
Nye Frank

It is no reflection on either the breadth of the United States Constitution or the impo... - 0 views

www.fbi.gov/...apr976.htm

tort constitution lawsuits

shared by Nye Frank on 15 Apr 09 - Cached
  • Assuming internal police guidelines are relevant...they are relevant only when one of their purposes is to protect the individual against whom force is used....Both the guidelines at issue here and the context in which they appear in the police manual show they were meant to safeguard the police and other innocent parties, not the suspect....A violation of these guidelines might be deserving of discipline, but it's irrelevant to [plaintiff's] case.16 It is important to note here that the appellate court did not decide that internal police guidelines are relevant in some instances; they only assumed that they might be relevant in the narrow instance described-i.e., when the policy was intended to safeguard the plaintiff.
  • Nye Frank on 15 Apr 09
     
    Legal Duties It is no reflection on either the breadth of the United States Constitution or the importance of traditional tort law to say that they do not address the same concerns.4 Thus, while negligence claims against a police officer or the department may be recognized under state law, the Supreme Court has held that simple negligence-or lack of due care-is insufficient to establish the violation of a federal constitutional right. These distinctions between state tort claims and federal constitutional tort claims can have a bearing on the different ways the courts treat allegations of policy violations. The basic formula for any lawsuit is 1) existence of a legal duty owed by one party to another, 2) an alleged breach of that duty, and 3) injury or loss resulting from that breach. Legal duties may arise in a variety of contexts, but most generally are established by custom, statute, or constitutional law. Whatever its source, a legal duty must be owed to the plaintiff by the named defendant in order for a civil suit to be viable. That being the case, a departmental policy must create a legal duty to a potential plaintiff before a violation of that policy can create liability. In reality, whether a policy violation is even relevant to the question of the legal liability of an officer or department depends to a large extent upon the nature of the claim and the forum in which it is brought. For example, policy violations in tort claims brought under state law alleging negligence will generally be treated differently than claims brought under federal law alleging violations of federal constitutional rights. The relevance of departmental policy also can depend upon whether a legal duty, or standard of conduct, is clearly delineated by law, or whether it is determined by reference to custom or practice.
Nye Frank

D.C. Police Knew of Homicide Problems - washingtonpost.com - 0 views

www.washingtonpost.com/...AR2008010902929_3.html

case closed administratively council judiciary committee

shared by Nye Frank on 14 Apr 09 - Cached
  • Nye Frank on 14 Apr 09
     
    Evans, former chairman of the council's Judiciary Committee, said that he hasn't paid attention to the department's homicide problems in recent months
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Center Court - 0 views

209.85.173.132/custom

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
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FindLaw | Cases and Codes - 0 views

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

title two constitutional rights

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    This duty to accommodate is perfectly consistent with the well-established due process principle that, "within the limits of practicability, a State must afford to all individuals a meaningful opportunity to be heard" in its courts. Boddie, 401 U. S., at 379 (internal quotation marks and citation omitted).20 Our cases have recognized a number of affirmative obligations that flow from this principle: the duty to waive filing fees in certain family-law and criminal cases,21 the duty to provide transcripts to criminal defendants seeking review of their convictions,22 and the duty to provide counsel to certain criminal defendants.23 Each of these cases makes clear that ordinary considerations of cost and convenience alone cannot justify a State's failure to provide individuals with a meaningful right of access to the courts. Judged against this backdrop, Title II's affirmative obligation to accommodate persons with disabilities in the administration of justice cannot be said to be "so out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to, or designed to prevent, unconstitutional behavior." Boerne, 521 U. S., at 532; Kimel, 528 U. S., at 86.24 It is, rather, a reasonable prophylactic measure, reasonably targeted to a legitimate end. For these reasons, we conclude that Title II, as it applies to the class of cases implicating the fundamental right of access to the courts, constitutes a valid exercise of Congress' §5 authority to enforce the guarantees of the Fourteenth Amendment. The judgment of the Court of Appeals is therefore affirmed.
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Dormant Commerce Clause - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Dormant_Commerce_Clause

dormant commerce clause states

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    Dormant Commerce Clause From Wikipedia, the free encyclopedia Jump to: navigation, search The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause of the United States Constitution. The Commerce Clause expressly grants Congress the power to enact legislation that affects interstate commerce. The idea behind the Dormant Commerce Clause is that this grant of power implies a negative converse - a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflicting federal statute. The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters. The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine deduced by the U.S. Supreme Court and lower courts from the actual Commerce Clause of the Constitution. Justice O'Connor has written that: The central rationale for the rule against discrimination is to prohibit state or municipal laws whose object is local economic protectionism, laws that would excite those jealousies and retaliatory measures the Constitution was designed to prevent. See The Federalist No. 22, pp. 143-145 (C. Rossiter ed. 1961) (A. Hamilton); Madison, Vices of the Political System of the United States, in 2 Writings of James Madison 362-363 (G. Hunt ed. 1901). http://en.wikipedia.org/wiki/Dormant_Commerce_Clause
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