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Nye Frank

The Elder Justice Act Definitions: - 0 views

www.californiaelderlawattorneyblog.com/...lder-justice-act-definiti.html

rod pacheco elder seniors inland empire Crime

shared by Nye Frank on 09 Nov 09 - Cached
  • Nye Frank on 09 Nov 09
     
    Lee Frank was denied all victim services. The DA friend per the father of the killer helped to cover up the homicide. Brian Floyd Norco High School teacher past student and Campaign manager for the DA, and his cheif deputy when he was in the Senate.
  • ...24 more comments...
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
Nye Frank

An Elder Fights the Denial of Medicaid by Division of Medical Assistance and the Hearin... - 0 views

www.falseallegations.com/elderly-medical-assistance.htm

denial of medicaid constitutional rights

shared by Nye Frank on 16 Mar 10 - Cached
  • Nye Frank on 16 Mar 10
     
    STANDARD OF REVIEW When determining a motion to dismiss a complaint for failure to state a claim, allegations of the complaint, as well as any reasonable inferences [and annexed exhibits] which may be drawn therefrom in plaintiff's favor, are to be taken as true. Brum v. Town of Dartmouth, 44 Mass.App.Ct. 318, 321 (1998). Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991) and cases cited. See also Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 87 (1979); Nader v. Citron, 372 Mass. 96, 98 (1977). Dismissal is also not appropriate where GiGi is entitled to any form of relief for any wrong or injury. Brum, at 321. Citron v. Nader, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Mass.R.Civ.P. 8(f). Massachusetts Declaration of Rights, article XI. "A complaint is not subject to dismissal if it could support relief on any theory of law" [Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 89 (1979)], "even though the particular relief [which plaintiff] has demanded and the theory on which he seems to rely may not be appropriate." Nader, 372 Mass. at 104 (citations omitted). "A complaint should [also] not be dismissed simply because it asserts a new or extreme theory of liability or improbable facts." Jenkins v. Jenkins, 15 Mass.App.Ct. 934, 934 (1983). "[I]t is important that new legal theories be explored and assayed in light of actual facts rather than a pleader's suppositions." New England Insulation Co. v. General Dynamics Corp., 26 Mass.App.Ct. 28, 30 (1988) quoting 5 Wright & Miller, Federal Practice and Procedure, §1357 at 603 (1969 and supp. 1987). Patriarca v. Center for Living and Working, Inc., 1999 WL 791888 at 4 (Mass.Super. Sept. 8, 1999) (Wernick, J.). ARGUMENTS 1.Where Article V of the Massachusetts Declaration of Rights requires all public employees of the three branches of the government of the Commonwealth of Massachusetts to be accountable to the people at all times, this court is precluded from applying
Nye Frank

FindLaw | Cases and Codes - 0 views

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

1983 indifference minimum in standard case

shared by Nye Frank on 29 Jul 09 - Cached
  • To sustain a S 1983 civil rights action, a plaintiff must show "(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that [such] conduct deprived the plaintiff of a federal constitutional or statutory right." 2 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989), cert. denied, 498 U.S. 938 (1990). Here, it is undisputed that defendants were acting under color of state law. At issue here is whether Officer Smith, the Sacramento County Sheriff's Department, or Sacramento County engaged in conduct that deprived Lewis of a federally protected righ
    • Nye Frank
      Nye Frank on 29 Jul 09
  • F.2d 272 (6th Cir. 1990) (noting that the Supreme Court's reasoning in Tennessee v. Garner, 471 U.S. 1 (1985), likely "preserve[d] Fourteenth Amendment substantive due process analysis for those instances in which a free citizen is denied his or her constitutional right to life through means other than a law enforcement official's arrest, investigatory stop or other seizure"), cert. denied, 498 U.S. 851 (1990).
  • But when a law enforcement officer arbitrarily acts to deprive a person of life and personal security in the course of pursuing his official duties, constitutional due process rights may be implicated. Daniels, 474 U.S. at 331 ("The touchstone of due process is protection of the individual against arbitrary action of government."). Section 1983 "contains no state-of-mind requirement independent of that necessary to state a violation of the underlying constitutional right." Daniels, 474 U.S. at 330 . See Daniels, 474 U.S. at 330 . The underlying constitutional rights at issue here are substantive due process rights to life and liberty or personal security. In Daniels, the Supreme Court held that where an official's or government entity's conduct constitutes mere negligence, no substantive due process violation occurs. Daniels, 474 U.S. at 328 . Daniels expressly left open the question whether something less than intentional conduct such as recklessness or gross negligence would suffice "to trigger the protections of the Due Process Clause." Id. at 334 n.3. But in City of Canton v. Harris, 489 U.S. 378 (1989), the Court held that nonintentional government conduct can violate the Due Process Clause and thus lead to S 1983 liability. City of Canton held that a municipality may be liable for a failure to train its employees when such failure demonstrates "deliberate indifference to rights of persons with whom police come into contact." Id. at 388.
  • ...9 more annotations...
  • Five circuits have addressed S 1983 liability in the context of high-speed pursuits. These circuits have applied various labels to the standard of conduct that may lead to liability. See, e.g., Fagan v. City of Vineland, 22 F.3d 1296 (3rd Cir. 1994) (en banc) (overruling previous reckless indifference standard and adopting shocks the conscience standard); Medina v. City and County of Denver, 960 F.2d 1493, 1496 (10th Cir. 1992) (reckless disregard); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 723 (4th Cir. 1991) (shocks the conscience), cert. denied, 502 U.S. 1095 (1992); Roach v. City of Fredericktown, 882 F.2d 294, 297 (8th Cir. 1989) (holding gross negligence insufficient but not stating what standard should be applied); Jones v. Sherrill, 827 F.2d 1102, 1106 (6th Cir. 1987) (holding gross negligence or outrageous conduct sufficient in some circumstances). 4
  • In one such due process case, we held that either "gross negligence, recklessness, or `deliberate indifference'" was sufficient to state a substantive due process violation. Wood v. Ostrander, 851 F.2d 1212, 1214 (9th Cir. 1988) ("Wood
  • I"), reh'g granted and opinion modified by, 879 F.2d 583 (9th Cir. 1989) ("Wood II"), cert. denied, 498 U.S. 938 (1990). Relying on the standard set out in Wood I, we later held that "grossly negligent or reckless official conduct that infringes upon an interest protected by the Due Process Clause is actionable under S 1983." Fargo v. City of San Juan Bautista, 857 F.2d 638 (9th Cir. 1988). But Fargo's grossly negligent standard was explicitly based on Wood I, which was modified on rehearing and superseded by Wood II. In Wood II, we stepped back from the grossly negligent standard. We noted that an intervening Supreme Court decision, City of Canton, 489 U.S. 378 , had called into question this standard as set forth in Wood I and Fargo. Wood II, 879 F.2d at 588.
  • In Fargo, we defined gross negligence as "`more than ordinary inadvertence or inattention, but less perhaps than conscious indifference to the consequences.'" Fargo, 857 F.2d at 641 (quoting W. Page Keeton et al., Prosser and Keeton on the Law of Torts S 34, at 212 (5th ed. 1984)). We also noted that an officer's state of mind is not an issue in a claim based on gross negligence, "although the contrary may be true where the claim involves recklessness." Id. at 642. Although we declined to decide whether an innocent state of mind would negate recklessness or "whether recklessness may be presumed conclusively from conduct," we did note that recklessness and deliberate indifference are equivalent in the sense that they both generally refer to conduct involving "a `conscious disregard' of public safety." Id. at 642 n.7. We also said that, "where state officials have notice of the possibility of harm, `negligence can rise to the level of deliberate indifference to or reckless disregard for' the victim." Id. (quoting Davidson v. Cannon, 474 U.S. 344, 357 (1986) (Blackmun, J., dissenting)). Because we concluded that a triable issue of fact remained as to whether the police officer's conduct might have been grossly negligent, we found it unnecessary to determine whether the officer's conduct might have risen to the more culpable standard of recklessness. Id. at 643
  • In Wood II, we redefined the standard forS 1983 substantive due process violations by police officers. As explained above, we recognized that the Supreme Court's decision in City of Canton, 489 U.S. 378 , had called into question our decisions in Wood I and Fargo that gross negligence was sufficient. Wood II, 879 F.2d at 588. Analyzing the facts in Wood under City of Canton's deliberate indifference standard, we concluded that there remained a genuine issue of material fact as to whether the police officer in Wood had been deliberately indifferent to the plaintiff's interest in her personal security. Id. at 588.
  • Wood II makes clear that, in this circuit, an officer can be held liable for a S 1983 claim if that officer's conduct is delib erately indifferent to or in reckless disregard of a person's right to life and personal security.
  • Here, plaintiffs have alleged that Officer Smith violated the Sacramento County Sheriff's Department General Order regarding pursuits ("General Order")6 by instituting and then continuing the pursuit even when a reasonable officer would have known that to do so was in reckless disregard of Lewis's and Willard's safety. A violation of police procedures is relevant to determine whether a substantive due process violation has occurred. Fargo, 857 F.2d at 642. Police procedures are designed, in part, to guide officers when they engage in conduct that poses a serious risk of harm to either a suspect or to the general public. See id.
  • The General Order requires an officer to communicate his intention to pursue a vehicle to the sheriff's department dispatch center. But defendants concede that Smith did not contact the dispatch center. The General Order requires an officer to consider whether the seriousness of the offense warrants a chase at speeds in excess of the posted limit. But here, the only apparent "offense" was the boys' refusal to stop when another officer told them to do so. The General Order requires an officer to consider whether the need for apprehension justifies the pursuit under existing conditions. Yet Smith apparently only "needed" to apprehend the boys because they refused to stop. The General Order requires an officer to consider whether the pursuit presents unreasonable hazards to life and property. But taking the facts here in the light most favorable to plaintiffs, there existed an unreasonable hazard to Lewis's and Willard's lives. The General Order also directs an officer to discontinue a pursuit when the hazards of continuing outweigh the benefits of immediate apprehension. But here, there was no apparent danger involved in permitting the boys to escape. There certainly was risk of harm to others in continuing the pursuit.
  • In City of Canton the Supreme Court held that deliberate indifference was the minimum standard of culpability necessary to maintain a S 1983 due process action against a municipality for a policy or custom of inadequate training of police officers. City of Canton, 489 U.S. at 388 . The Court reasoned that a municipality's inadequate training of its employees can only constitute a "policy or custom" when such inadequate training "evidences a `deliberate indifference' to the rights of its inhabitants." Id. at 389. But the Court also specified that the deliberate indifference standard "does not turn upon the degree of fault (if any) that a plaintiff must show to make out an underlying claim of a constitutional violation." Id. at 388 n.8. City of Canton thus did not explicitly overrule our decisions in either Wood I or Fargo because they involved claims of substantive due process violations against individual police officers.
  • Nye Frank on 29 Jul 09
     
    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
Nye Frank

Notable Court Cases Concerning Constitutional Issues - 0 views

www.lectlaw.com/lws48.htm

constitution

shared by Nye Frank on 31 Dec 09 - Cached
  • CON Argument: The constitution does not provide explicitly for Supreme Court review of state court decisions. Since it must have been foreseen by the drafters that conflicts would arise, the omission is evidence that the framers felt that such a powerful tribunal would produce evils greater than those of the occasional collisions which it would be designed to remedy. Thus, once an action is brought in state court, the federal court's sole remedy is to shift it to a lower federal court before it gets to the final court of the state, or simply to advise the high state court that they have improperly interpreted the constitution. The states are dually sovereign with the federal government, and not subject to the laws of Congress which limit their sovereignty.
  • Procedural Posture: The Virginia court, in the original case, found for Hunter The Supreme Court reversed, ordering the Virginia court to enter judgment for Martin under the authority granted by Section 25 of the Judiciary Act which gave the Supreme Court the power to review final decisions of the highest state courts rejecting claims based on federal law. The Virginia state court refused to comply with the order, claiming that Section 25 was unconstitutional, and the Supreme Court had no constitutional right to review the final decisions of the state courts. The case is again being reviewed by the Supreme Court
  • The statute prescribed how the court should decide an issue of fact, and it denied effect to a Presidential Pardon, thus violating the separation of powers.
  • ...1 more annotation...
  • Issue: Whether the Supreme Court has jurisdiction to review state court judgments which concern federal issues, and which are not clearly based on an adequate and independent state law grounds. 5. Holding: Yes. If the state court decision does not] indicate clearly and expressly by means of a "plain statement" that it is alternatively based on bona fide separate, adequate, and independent grounds the Supreme Court has appellate jurisdiction to review the state court ruling.
Nye Frank

Obama Targets Jack Bauer, but Who Take the Fall for Torture? - 0 views

digg.com/..._Who_Take_the_Fall_for_Torture

Riverside County DA Prosecutor Rod Pacheco Nye Frank Racing race dezert Crime Victims elders seniors

shared by Nye Frank on 22 Sep 09 - Cached
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
  • ...7 more comments...
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
  • Nye Frank on 22 Sep 09
     
    Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil
Nye Frank

759. Arbitrary Administrative Discretion-Federal Court Riverside Officials - 0 views

chestofbooks.com/...Administrative-Discretion.html

arbitrary administrative discretion Nye Frank Crime victims rights howstuffworks caching how

shared by Nye Frank on 17 Mar 10 - Cached
  • Nye Frank on 17 Mar 10
     
    " Is this what Riverside County includes. Second time to Fraudulently state false facts to deny elder rights. Perjury Knowingly making false statement of material fact of falsely denying knowledge of a material fact is perjury, a felony. If you are aware of possible perjury, contact the appropriate enforcement agency or your County Attorney's Office immediately. Description This section is from the book "The Constitutional Law Of The United States", by Westel Woodbury Willoughby. Also available from Amazon: Constitutional Law. 759. Arbitrary Administrative Discretion Generally speaking, it may be said that while wide discretionary power may constitutionally be granted to administrative agents, that discretion must be one which must be guided by reason, justice, and impartiality, and must be exercised in the execution of policies predetermined by legislative act, or fixed by the common law. In Yick Wo v. Hopkins29 the court laid down the doctrine that the legislative investment of purely personal and arbitrary power in the hands of any public official is a denial of due process of law. " The very idea," say the court, "that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself." 30 Of the ordinances in question the court say: "They seem intended to confer and actually do confer, not a discretion upon consideration of the circumstances of each case, but a naked and arbitrary power to give or withhold consent, not as to places but as to persons. . . . The power given to them [the supervisors] is not confided to their discretion in the legal sense of that term, but is granted to their mere will. It is purely arbitrary, and acknowledges neither guidance, nor restraint." 29 118 U. S. 35G; 6 Sup. Ct. Rep. 1004: 30 L. ed. 220. 30 Quoting and approving City of Balt
  • Nye Frank on 17 Mar 10
     
    Perjury Knowingly making false statement of material fact of falsely denying knowledge of a material fact is perjury, a felony. If you are aware of possible perjury, contact the appropriate enforcement agency or your County Attorney's Office immediately.
Nye Frank

bivens federal tort law, legislative interferance - Custom Search | Diigo - 0 views

www.diigo.com/...g

Riverside County crime victim

shared by Nye Frank on 04 Feb 10 - Cached
  • Nye Frank on 04 Feb 10
     
    581 F.2d 390After carefully considering both the legislative history surrounding the enactment ... While Bivens created a federal tort for certain violations of the fourth amendment ..... While this court has never directly held that a Federal law enforcement ... misrepresentation, deceit, or interference with contract rights. ... ftp.resource.org/courts.gov/c/F2/581/581.F2d.390.77-1919.html Federal Tort Claims Act, 28 U.S.C. § 1346, § 1680 (Bancoult v ...United States, 507 U.S. 197 (March 8 1993) (noting from the legislative history ... libel, slander, misrepresentation, deceit, or interference with contract rights: ..... The idea is that State tort law is more fully developed than U.S. ..... Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, ... homepage.ntlworld.com/jksonc/bancoult-ftca.html Cleo F. Shoultz, Plaintiff-appellant, v. Monfort of Colorado, Inc ...This provision does not support a claim for such interference with a .... With respect to his claim based on the constitutional tort theory of Bivens v. ... Plaintiff argues that the intentional tort provision in the Federal Tort Claims ... liability without legislative aid and as at the common law" because it was ... cases.justia.com/us-court-of-appeals/F2/754/318/319372/ 00-1672.01A - USCA1 OpinionDavric and the man who owns it, Joseph Ricci, filed suit in federal court against ... The court also dismissed the state law tort claims against the official on the .... As the defamation and tortious interference claims Davric advances clearly .... under state tort law but it is not recoverable in a Bivens action. ... www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1672.01A From Bivens to Malesko and Beyond: Implied Constitutional Remedies ...between the legislative and judicial branches, this political catchphrase ..... Interestingly, the Bivens majority considered the implications of state tort law and ... In The Common Law Powers of Federal Courts, Professor Thomas
Nye Frank

My Library tagged congress - 0 views

www.diigo.com/...congress

elder law congress crime victim nye frank racing

shared by Nye Frank on 16 Mar 10 - Cached
  • Nye Frank on 16 Mar 10
     
    "Simple Middle Advanced * Filter: * All * Unread * Public * Private * Annotated 01 Mar 10 0More HeinOnline:LibrarySpecificHelp - HeinOnlineWiki more from heinonline.org - Snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview law treaties attorney general congress 25 Feb 10 0More ADVOCATING TO END ELDER ABUSE and Protect our Seniors!!! Corruption to eldersNegligent infliction of emotional distress more from elderabuseadvocate.blogspot.com - Snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview Racing Riverside County Legislation Congress Senator 24 Feb 10 0More My List: A Collection on "Federal Courts Congress Intent" (Congress,Crime,Victims,statutory,law,Federal,Court) | Diigo There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1KTay-Fv2EJ:www.answers.com/topic/criminal-law+legislative+homicide+cover+up+equal+to+criminal+conduct+chargeable&cd=3&hl=en&ct=clnk&gl=us more from www.diigo.com - No snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview Congress Crime Victims federal law court my list a 0More Congress rules for crime victims federal court - Google Search There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1K
  • Nye Frank on 16 Mar 10
  • Nye Frank on 16 Mar 10
Nye Frank

FindLaw | Cases and Codes - 0 views

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

uscs 1983 and wrongful death under california state law

shared by Nye Frank on 29 Jul 09 - Cached
  • Plaintiffs Teri and Thomas Lewis, Philip Lewis's parents, filed suit in Sacramento County Superior Court against Sacramento County, the Sacramento County Sheriff's Department, and Officer Smith. The Lewises allege a deprivation of their son's Fourteenth Amendment due process rights in violation of 42 U.S.C. S 1983 and wrongful death under California state law. Defendants removed the case to federal court on the basis of federal question jurisdiction and moved for summary judgment on various grounds
    • Nye Frank
      Nye Frank on 29 Jul 09
       
      Questions of Law
  • First, the district court assumed, without deciding, that Officer Smith had violated Lewis's constitutional rights. The court then addressed Smith's claim to qualified immunity. The court stated that plaintiffs had not presented, and it could not find, any "state or federal opinion published before May, 1990, when the alleged misconduct took place, that supports plaintiffs' view that they have a Fourteenth Amendment substantive due process right in the context of high speed police pursuits." The court therefore found that the law regarding Lewis's Fourteenth Amendment right to life and personal security was not clearly established and granted summary judgment in favor of Officer Smith on qualified immunity grounds.
    • Nye Frank
      Nye Frank on 29 Jul 09
       
      constitutional rights
  • Because the court dismissed all federal claims, it declined to decide whether the county and the sheriff's department were also immune under California law. The court then dismissed without prejudice the state claims against the county and sheriff's department to allow plaintiffs to file those claims in state court.
  • ...1 more annotation...
  • To sustain a S 1983 civil rights action, a plaintiff must show "(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that [such] conduct deprived the plaintiff of a federal constitutional or statutory right." 2 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989), cert. denied, 498 U.S. 938 (1990). Here, it is undisputed that defendants were acting under color of state law. At issue here is whether Officer Smith, the Sacramento County Sheriff's Department, or Sacramento County engaged in conduct that deprived Lewis of a federally protected right. The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989))
    • Nye Frank
      Nye Frank on 29 Jul 09
  • Nye Frank on 29 Jul 09
     
    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
Nye Frank

injunction: West's Encyclopedia of American Law (Full Article) from Answers.com - 0 views

www.answers.com/injunction

injuction by court order mandamus civil rights protection for future wrongs

shared by Nye Frank on 16 May 09 - Cached
  • Nye Frank on 16 May 09
     
    An injunction is a court order requiring a person to do, or not to do, something in order to protect another's personal or property rights. A person who violates an injunction is in contempt of court and the court may fine or imprison him. An injunction usually is issued to prohibit an action. When it is used to command a positive action, it is called a mandatory injunction. During the 20th century, courts have used injunctions to protect and promote the civil rights of minorities, especially African Americans. For example, federal courts used injunctions to stop school district officials from continuing racial segregation in schools after the decision in Brown v. Board of Education (1954). Courts also used injunctions to take positive actions, such as redrawing school district boundaries and ordering the busing of students between districts to achieve racially mixed schools. Thus, federal injunctions have become an important way of protecting the constitutional rights of individuals against infringement by state governments. See also Brown v. Board of Education
Nye Frank

Standing to Assert Crime Victims' Rights - 0 views

www.cga.ct.gov/...2005-R-0119.htm

crime victims

shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    JUSTICE FOR ALL ACT OF 2004 The federal Justice For All Act of 2004 (PL 108-405) enhances protections for victims of federal crimes and increases federal resources available to state and local governments to combat crime. Title I of the act, the "Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act," requires courts to ensure that crime victims are afforded the rights the act prescribes. It specifies that a crime victim, his lawful representative, or the attorney for the government may assert the rights in U. S. District Court. If the requested relief is denied, the movant may petition the court of appeals for a writ of mandamus, which the appeals court must decide within 72 hours. A court's failure to afford a crime victim his rights is not grounds for a new trial, but a victim can move to reopen a plea or a sentence on that basis. The act does not authorize a cause of action for damages or create, enlarge, or imply any duty or obligation to any victim or other person for any breach by federal government officers or employees (§ 102). The act appropriates $ 7 million for fiscal year 2005 and $ 11 million each for fiscal years 2006-2009, in part, for the support of state organizations that enforce crime victims' rights and provide legal counsel and support services. The states where these organizations are located must have laws substantially equivalent to the federal law (§ 103).
Nye Frank

Illinois Pro Bono | Federal Court Prison Litigation Project Handbook Part II - 0 views

www.illinoisprobono.org/index.cfm

indigent civil court appointed

shared by Nye Frank on 19 Sep 09 - Cached
  • Nye Frank on 19 Sep 09
     
    Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992): Indigent civil litigants have no constitutional or statutory right to be represented by counsel in federal court. The district court, however, may in its discretion request counsel to represent indigent civil litigants in certain circumstances under 28 U.S.C. 1915(d) . In determining whether to appoint counsel, the district court should consider: (1) the merits of the indigent's claim for relief; (2) the ability of the indigent plaintiff to investigate crucial facts unaided by counsel; (3) whether the nature of the evidence indicates that the truth will more likely be exposed where both sides are represented by counsel; (4) the capability of the indigent to present the case; and (5) the complexity of the legal issues raised by the complaint.
Nye Frank

Criminology and Criminal Justice Federal Sentencing Reporter New Criminal Law ReviewSoc... - 0 views

www.google.com/search

law crime

shared by Nye Frank on 26 Feb 10 - Cached
  • Nye Frank on 26 Feb 10
     
    [DOC] CV File Format: Microsoft Word - View as HTML Her research interests focus on criminal careers, criminal justice evaluation, ... of Quantitative Criminology, American Sociological Review, Social Problems, and Justice Quarterly. .... Federal Sentencing Reporter, Vol. 20, No. 2, December 2007. ... Journal of Criminal Law and Criminology, Vol. 75, Spring, 1984. ... www.udel.edu/soc/faculty/visher/Vita2009.doc - VITAE Julie Horney School of Criminal Justice University at Albany ... by J Horney - 2005 Readings on the Social Study of Law, New York: W.W. Norton and in Jennifer Temkin ... Observation and Study in the Federal District Courts, Federal Judicial ..... Criminal Justice Education, Journal of Quantitative Criminology, Journal of. Research in Crime and Delinquency, Law and Society Review, Social Problems, ... www.ncovr.heinz.cmu.edu/CVs/05_horney.pdf - Similar - Valerie Jenness | School of Social Ecology Criminology, Law and Society. Curriculum Vitae: application/pdf icon ... She has served as an Associate Editor for Social Problems, as well as an Advisory ... "From Symbolic Law to Criminal Justice Practice: Hate Crime Policy, Policing, ... New York: Oxford University Press. Grattet, Ryken and Valerie Jenness. ... socialecology.uci.edu › Faculty - Cached - Similar - [PDF] VITA SCOTT H. DECKER PERSONAL INFORMATION Work Address: Criminal ... File Format: PDF/Adobe Acrobat - Quick View Department of Criminology and Criminal Justice, University of Missouri-St. Louis. .... Court: The Evolution of Sentencing Practices in the United States. ..... federal immigration law: Implications for local control. ..... Quarterly, Law and Society Review, Social Problems, Journal of Criminal Justice, American ... ccj.asu.edu/downloads/vita/shdecker - Criminal justice : : Portrait of a discipline in process - Elsevier by O Marenin - 1998 - Cited by 15 - Related articles Crime is a social problem and dealing with it requires an assessment, .
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Adult Protective Services - General - 0 views

74.125.155.132/search

adult protective services general

shared by Nye Frank on 11 Nov 09 - Cached
  • Nye Frank on 11 Nov 09
     
    "Page 1 DEPARTMENT OF HUMAN SERVICES SENIORS AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL 411-020-0000 Purpose and Scope of Program (Effective 7/1/2005) (1) Responsibility: The Department of Human Services (DHS) Seniors and People with Disabilities (SPD) has responsibility to provide Adult Protective Services to older adults and to adults with disabilities whose situation is within its jurisdiction to investigate. (2) Intent: The intent of the program is to provide protection and intervention for adults who are unable to protect themselves from harm and neglect. (3) Scope of Services: The scope of services includes: (a) Receiving reports of abuse, neglect or self-neglect; (b) Providing and documenting risk assessment of reported victims; (c) Conducting and documenting investigations of reported wrongdoing; and (d) Providing appropriate resources for victim safety. (4) Availability: Adult Protective Services are available from the Department to any adult resident of a DHS-licensed facility, to Nursing Facility residents regardless of age, and to any adult residing in the community who meets the eligibility criteria listed in OAR 411-020-0015. Page 1 of 27 Page 2 (5) Statutory and Administrative Rule Guidance: Oregon has adopted laws and administrative rules to address different types of abuse or neglect to vulnerable adults. See Section 411-020-0010, Authority and Responsibility. (6) Intervention Model: (a) As a human services agency, the Department embraces a social model of intervention with a primary focus on offering safety and protection to the reported victim. The over-arching ethical value in Adult Protective Services is the obligation to balance the duty to protect older adults and adults with disabilities with the duty to protect their rights to self-determination. (b) The Department relies upon other key sources, such as law enforcement, legal, medical, and regulatory professi
Nye Frank

Duke Law Journal: Krista M. Enns, Can A California Litigant Prevail In An Action For Le... - 0 views

www.diigo.com/...pl%3F48%2BDuke%2BL.%2BJ.%2B111

Nye Frank elder crime victim riverside county da

shared by Nye Frank on 01 Oct 09 - Cached
  • Nye Frank on 01 Oct 09
     
    We need to speak up when something bad happens. There is more than 20 favors for covering up Nye Franks homicide owed. Nye was buying a newspaper, killed in front of Lee Frank. The audio of sheriff interview of Phil Reddish the father states to the homicide detective and prosecutor who and how to cover up case. And they did just that. No drug test of killer, no report of his probation to judge, court records changed, stalked elder victim, denied access to court, false statement of fact. Many favors will affect a lot more families. Please help stop this. It is very painful
Nye Frank

federal courts in elder abuse 1983 cases against county - Yahoo! Search Results - 0 views

search.yahoo.com/;_ylt=A0oGkwuozthKZJcAQ3JXNyoA

federal courts elder abuse

shared by Nye Frank on 16 Oct 09 - Cached
  • Nye Frank on 16 Oct 09
     
    Court cases
Nye Frank

42 USC Sec. 233. Civil actions or proceedings against commissioned officers or employees - 0 views

biotech.law.lsu.edu/...42usc233.htm

42 usc 233

shared by Nye Frank on 01 Mar 10 - Cached
  • Upon a certification by the Attorney General that the defendant was acting in the scope of his employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merit that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State Court: Provided, That where such a remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in the event the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section.
Nye Frank

federal courts - 0 views

nyefrank.typepad.com

riverside county Nye crime law victims court pacheco elder

shared by Nye Frank on 16 Mar 10 - Cached
  • Nye Frank on 16 Mar 10
     
    Providing the Context: The Federal Criminal Justice System In the United States, there are two distinct judicial systems: the federal judicial system that enforces federal laws, rules and regulations, and provides interpretations of the U.S. Constitution; and the various state and local judicial systems that enforce state laws, rules and regulations, and interprets the state constitution. The state courts have general power to decide nearly every type of case, subject only to the limitations of state law, the state's constitution, and the U.S. Constitution. In general, the state courts handle most criminal matters; the kinds of criminal violations that the general public thinks of as
Nye Frank

S.C. Supreme Court Orders Creation of Elder Task Force - 0 views

elder-abuse-cyberray.blogspot.com/...-orders-creation-of-elder.html

diigo elder homicide riverside county death review adult protective services

shared by Nye Frank on 10 Oct 09 - Cached
  • Nye Frank on 10 Oct 09
     
    Homicide Cover up of Nye Frank family hopes the corruption in the courts stops and the officials will help other elders unlike our tragic experience with the officials google nyefrankracing
Nye Frank

New York Supreme Court Criminal Term Library - Powered By Bloglines - 0 views

www.bloglines.com/...PLL

supreme court victims laws felons

shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    A5628 Townsend (MS) -- Prohibits reduction of felony charge where the victim of the felony was 65 years or older SUMM : Amd SS180.50 & 180.70, CP L Prohibits the reduction of a felony charge where there is reasonable cause to believe the defendant committed a felony in addition to a non-felony offense and where there is reasonable cause to believe the defendant committed such felony against a victim who was 65 years of age or older at the time of such offense. Criminal Sanction Impact. 02/21/07 referred to codes LAW / CRIM-PROC A5630 Walker (MS) -- Permits denial of bail or release in certain cases involving dangerous crimes or to protect jurors, witnesses or evidence; repealer SUMM : Rpld & add S530.10 & S530.30 sub 1, amd CP L, generally Permits a judicial officer on application of a prosecuting attorney to deny bail or pretrial release to certain persons accused of dangerous crimes or to release such persons on condition in certain circumstances; further permits denial of bail or pretrial release of persons accused of a crime when necessary to protect trial witnesses, jurors or evidence; permits the post trial detention or release on condition of persons convicted of a dangerous crime awaiting sentence or the decision of an appeal. Criminal Sanction Impact. 02/21/07 referred to codes LAW / CRIM-PROC A5633 Wright -- Relates to bias related criminal activity SUMM : Add Art 491 S491.00, Pen L; amd S720.10, CP L Proscribes conduct constituting a bias related crime, meaning for such purposes, the commission of a designated act that demonstrates a prejudice based on the race, color, religion, national origin, age, ethnicity, disability, gender or sexual orientation of the victim, and denies the granting of youthful offender status for any offender committing such a crime. Criminal Sanction Impact. 02/21/07 referred to codes LAW / CRIM-PROC A5652 Aubertine (MS) -- Extends orders of protection to last for the life of the party against whom the order is issued or until
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