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Nye Frank

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

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    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

Hate crimes hurt! 206-350-HATE LAMBDA Anti-Violence Project - 0 views

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    "LAMBDA Gay & Lesbian Ant-Violence Project (AVP) TO REPORT A HATE CRIME, CLICK HERE. What is a hate crime ? Depending upon where you live, a hate crime is a criminal act which is motivated, at least in part, because of someone's bias or hatred of a person's or group's perceived race, religion, ethnicity, sexual orientation, or other characteristic. When a crime is a "hate crime", the victim is intentionally selected because of his or her race, color, religion, national origin, gender, disability, or sexual orientation. A number of federal and state laws prohibit acts or threats of violence, as well as harassment and discrimination, based on race, color, religion, national origin, sexual orientation, gender and/or disability. Some laws also include political affiliation, and age, though federal and state laws vary greatly. A crime is classified as bias-motivated (or a hate crime) when it is clear that the offender's criminal actions were motivated, in whole or in part, by bias. LAMBDA GLBT Community Services takes hate crimes and other anti-GLBT incidents very seriously. LAMBDA works together with law enforcement, judicial, and victim services agencies to eliminate and respond to such incidents. Reporting hate-related incidents and domestic violence helps survivors take advantage of recovery services and enables our community to build up statistics and patterns of crime, providing an opportunity of catching offenders or prevent the violence altogether. Hate crime statutes are designed to send the message that hate-motivated crimes, because they are often attempts to silence and instill fear into entire groups, will not be tolerated. More... click here Why should I report hate incidents? When such incidents are invisible, it is harder to protect against them. Careful documentation and statistics are very important tools in fighting such op
Nye Frank

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

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    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

California Lawyer Magazine - 0 views

shared by Nye Frank on 30 Sep 09 - Cached
  • The state legislature's action helped expose misconduct in the infamous Duke University rape case in 2007. Durham County District Attorney Michael Nifong's mishandling of the prosecution of lacrosse team members who had been falsely accused led to his disbarment and subsequent personal bankruptcy. Nifong was accused of hiding excul-patory evidence.
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      The Riverside DA Rod Pacheco is above the law here
  • "Virtually every standard is being revised," says U.S. District Judge John Tunheim of Minneapolis, who chairs the task force. The revisions, which are not yet public, will be reviewed initially by the Criminal Justice Section's Standards Committee. A final version will take several years to wend its way through the approval process.
  • In Santa Clara County, for instance, the colleagues of suspended deputy DA Field rallied against the threat of more oversight. Last year the Government Attorneys Association—the bargaining unit for the county's deputy DAs, public defenders, and child-support lawyers—drafted legislation that would shift the investigation and prosecution of misconduct charges against State Bar prosecutors from the Office of Trial Counsel to the state attorney general's office. The measure, titled the State Bar Fairness Act, also would establish a statute of limitations: Any investigation must begin within three years of the discovery of the alleged misconduct; formal charges would have to be filed no more than a year later. And under the proposal, prosecutors acquitted of charges could recover defense costs.
    • Nye Frank
       
      We have been blocked from justice in every agency that we pay taxes to. It is disgusting.
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  • Some DAs won't even concede that noncompliance with Brady obligations is a problem. Gregory D. Totten, Ventura County district attorney and also a commission member, dissented from the final report's conclusions and recommendations. "If the proposed [Rule of Court] were adopted in our highly adversarial system, demands by counsel for judicial findings of misconduct would become commonplace and the courts would inevitably find themselves mired in ruling on disputes among lawyers," he wrote in his letter of dissent.
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    Who really enforces this
Nye Frank

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

  • 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

Nye Frank's Twitter Team LADA Justice System Integrity Divsion - 0 views

  • When judges, attorneys, police officers, and others working in the justice system break the law, they must be held accountable for their actions. The District Attorney created the Justice System Integrity Division (JSID), a team of highly experienced prosecutors and investigators, to ensure just that. JSID – with enhanced cooperation from local and federal agencies – provides the resources to detect, investigate, and prosecute criminal misconduct among those sworn to uphold the law.
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    When judges, attorneys, police officers, and others working in the justice system break the law, they must be held accountable for their actions. The District Attorney created the Justice System Integrity Division (JSID), a team of highly experienced prosecutors and investigators, to ensure just that. JSID - with enhanced cooperation from local and federal agencies - provides the resources to detect, investigate, and prosecute criminal misconduct among those sworn to uphold the law.\nhttp://da.co.la.ca.us/jsid.htm
Nye Frank

Riverside County DA Investigated FBI, Elder Homicide Cover up - 0 views

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    Riverside County District Attorney has used unethical and illegal tactics to deny Elder Crime Victim Nye Frank family any help. DA and Sheriff let her and neighbors be stalked by the Reddish family without any support or protection. The Reddish family bullied elder neighbors to intimidate to not talk to Lee Frank. We are trying to go to court on this and the tactics are scarry. Please help and write Attorney General Jerry Brown. He will not help unless pressure from a politically connected group. Do you know someone who can help?
Nye Frank

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

shared by Nye Frank on 26 Feb 10 - Cached
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    [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, .
Nye Frank

My Library tagged congress - 0 views

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    "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

California Charges Inland Empire Fundraisers With Felony Campaign Money Laundering | Al... - 0 views

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    June 16, 2008 -- RIVERSIDE -- California Attorney General Edmund G. Brown Jr. and Riverside District Attorney Rod Pacheco today announced a 37-count indictment against Mark Anthony Leggio, James Lloyd Deremiah, and father-son team Nicola Cacucciolo, and
Nye Frank

Tweet, tweet: From luminaries like Hawk, Shaq and Lance to teams like the Chargers, the... - 0 views

  • Tweet, tweet: From luminaries like Hawk, Shaq and Lance to teams like the Chargers, the entire sports world is chirping about Twitter By BRIAN HIRO - bhiro@nctimes.com | Thursday, May 14, 2009 3:58 PM PDT ∞
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    Top Auto Fabricator, International Hall of Dragster Fame, Crew Chief of jet cars that hold 6 world Land Speed Records, Nye Frank coming up to second anniversary of his homicide. His family and friends are being asked to spread the word to ask the Attorney General and District Attorney to investigate this case. Both Nye and Lee Frank were Elders the day of the attack. The Riverside County DA office closed the case behind closed doors with out a trial. Later a audio of the father of the 27 year old attacker has him state how a friend of DA Rod Pacheco and his past student told him what to say and how he would help. Ty Reddish the 27 year old also was on the sheriff video bending down telling sheriff but avoiding the camera how he tackled the old guy and choked him. Ty's father is a wrestling coach at Inland Empire Norco high school. Riverside County case number RIC 512723
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    Keep up to date on case on Tweeter or Face Book racingnyefrank. You Tube video of tactics Riverside County uses to keep news of Corrupt Politics under the wire. 2009 Crime Victims Marches can mean more that displays of empty promises. The public and show support for Justice for Nye Frank to the Attorney General. Riverside County Superior Court Case # RIC 512723
Nye Frank

Standing to Assert Crime Victims' Rights - 0 views

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    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

Adult Protective Services - General - 0 views

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    "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

Facebook | Nye Frank - 0 views

  • County of Riverside District Attorney's Office - Press ReleasesSource:www.rivcoda.org
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    Homicide Cover up of Elder Nye Frank by DA staff and denial of Federally Funded programs for Elder Lee Frank that are law by Legislation. DA Rod Pacheco is he above the law? Legislators please check out this case. A elder 68 attacked by a 27 year old. The 68 year old zero history of fighting and very public life. The killer professionally trained and a hot head by reputation. No case number, allowed to stalk elder, all victims services and rights denied. Prejudged case by prosecutor, told not to investigate-becoming the investigator herself and judge, jury. Planted false story in newspaper. Dimaggio-Judge who transfered a elders property to Reddish family instead of his daughter as he stated publiclicaly, a personal friend of the judge Sheri Reddish. Brian Floyd the buddie high up in DA officer per Phil Reddish the killers dad campagyn manager for the DA, Sheriff, Fire Department. No case number, Fire Department putting down on record false statement, Prosecutor threatening Lee Frank 72 if she keeps pursuing case arrest her. Court now transfered for conflict of interest. Beverly Hills Fire Department step up for Nye Frank a fireman for 5 years there.
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
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    Kim Emmerling Victim Advocate caught in lie quits
Nye Frank

My Library Crime Victims - 0 views

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  • "She reiterated to Mr. Pacheco that it was cut and dry, the investigator had prepared a false report." Under the U.S. Supreme Court's 1973 Brady v Maryland decision, prosecutors have a duty to disclose evidence helpful to the accused, including the credibility of a witness. Hunt said Pacheco told her not to disclose anything to defense attorneys in the unidentified case. Pacheco said there was a system set up in 2006, when Trask was district attorney, to review possible Brady violations and she did not follow that policy, he said. Hunt said in her lawsuit she did not know at the time that the same investigator was the subject of similar allegations in a case that was under review by the FBI and the U.S. attorney's office.
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    I never imagined being a crime victim. I never dreamed of so much corruption. I am shocked it happens with official blind eye to such a extream it shuts down a community care for each other.
Nye Frank

FindLaw | Cases and Codes - 0 views

  • 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
       
      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.
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      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.
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  • 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
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    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

DISTRICT ATTORNEY CORRUPTION?: TWO VIEWS ON DA COOLEY'S RECORD - 0 views

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    Joe Banana So. Cal. Posted: 10:54 pm [PST] on March 22 2009 Another shining example of government at it's most corrupt. www.jail4judges.org Dawn Banning CA Posted: 11:09 pm [PST] on October 14 2008 http://tinyurl.com/4vq2k2I had seen a article about award to Elder Victims Advocate Department in Riverside County. I was shocked and wrote Kim Emmerling the DA advocate we had. She wrote me back that she was leaving that office. I had sent a request for the history of our meetings to her and internal affairs without any reply. Still with internal affairs knowing there was a cover up, proof of it, autopsy corruption along with a laundry list we have had zero help. We just want what the US Constitution says we have a right to. We wrote the attorney general office and gave all the documents. They wrote back that the DA office handles these complaints. There is no where to turn. Nye and Lee Frank both over 65 years old. Adult protective services have been contacted without ever contacting us or even replying to our request. Now the victim has the attacker building a home two doors away. We need help. The following is a letter I wrote the internal Affairshttp://tinyurl.com/4vq2k2pictures pictures of Nye Frank and Ty Reddish. Sheriff and DA office falsely told family that coroner reported heart attack and no injuries. The video of Ty Reddish shows him bending down to avoid being recorded and telling officers how he strangled 68 year old Nye Frank with wrestling moves. The officers laugh, as they are buddies of the Reddish family friends. They did not do a drug test on Ty while on probation for dui and had past drug use, and victim said looked like on drugs. Riverside County Internal Affairs -When I complained they said they can no longer talk to me. Dawn Banning CA Posted: 05:06 am [PST] on October 10 2008 Dawn said: Riverside Judge and DA office stated to Senior no Elder Advocate in Riverside County. When family saw award in paper DA victim advocate quit.
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