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Nye Frank

The Elder Justice Act Definitions: - 0 views

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    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.
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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

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    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

California Elder Abuse Act, Elder and Dependent Adult Civil Protection Act (EADACPA): S... - 0 views

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    California's Elder Abuse Act California's Elder Abuse Act has been in existence in its current state since 1991 and is officially known as the Elder and Dependent Adult Civil Protection Act (hereinafter "EADACPA" or simply, the "Elder Abuse Act"). The Elder Abuse Act, found at Welfare & Institutions Code §15600 et seq., sets forth a very detailed body of law that has since been interpreted by the California Supreme Court as providing for a distinct and recognized cause of action - that being a statutory cause of action for Elder Abuse and/or Neglect under Welfare & Institutions Code §15600 et seq. When properly proven, a claim for Elder Abuse and/or Neglect provides for certain enhanced remedies that are unwise unavailable under other common law causes of action. The Elder Abuse Act was created out of concern that the elderly members of our society are not receiving the care and attention they deserved - and are in fact being abused and neglected. In enacting the Elder Abuse Act, the California Legislature expressly recognized that elders (defined as a person greater than the age of 65) and dependent adults (generally defined as persons between the ages of 18 and 64 who confined to live in 24-hour medical facilities and/or who are not able to care for themselves due to medical disorders) are particularly subjected to abuse, neglect, or abandonment and that the state has a distinct responsibility to protect these persons. In its preamble, the Elder Abuse Act expressly states that the Legislature "desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment." (See, Welfare & Institutions Code §15600). The statute further states that most elders and dependent adults who are at the greatest risk of abuse or neglect by their caretakers suffer "physical impairment
Nye Frank

LADA Hate Crimes Defined - 0 views

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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability:
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
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    The following acts are examples of hate crimes under California law when they are motivated by the victim's actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability: * Using force or threatening to use force to injure, intimidate, or interfere with another person who is exercising his or her constitutional rights * Defacing or damaging another person's property to intimidate or interfere with that person's free exercise of his or her constitutional rights * Desecrating a religious symbol or displaying a swastika on another person's property with the intent to terrorize another person * Vandalizing, burning, or bombing a church, synagogue, mosque, or other house of worship to terrorize other persons California Hate Crimes Statutes Felonies * P.C. 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights. * P.C. 594.3 - Vandalism of place of worship based on racial or religious bias. * P.C. 11412 - Threats obstructing exercise of religion. * P.C. 11413 - Use of destructive device or explosive or commission of arson in certain places.
Nye Frank

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

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    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

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

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

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

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

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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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
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    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

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

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

attorney general rights for private party crime victim of political corruption to file ... - 0 views

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    bout 160,000 results (0.41 seconds)  Search Results Organized Crime Control Act: Information from Answers.com Title V authorizes the Attorney General to form a witness protection ... Victims would be able to sue for damages in civil court. ... has also been used in cases of political corruption, white-collar crime, ... In part because of the right of private action-civil RICO-the law has developed in some surprising ways. ... www.answers.com/topic/organized-crime-control-act - Cached - Similar Florida Attorney General - Statewide Prosecutor - Guide for Victims A fund for victims of violent crimes in which physical injury has resulted ... A time period for the victims right to a speedy trial has not been ... parties-the defendant, the State, and you the victim-to resolve the case without a trial. ... but you may need the assistance of a private attorney for this purpose. ... myfloridalegal.com/.../e99f7f48df3b5d7485256cca0052aa0f - Cached - Similar Political Corruption: Political corruption cases The attorney general stopped short of indicting the prime minister, although according ... supporters in the guise of relief aid to Maoist insurgency victims. .... The political parties play a vital role in ensuring free and fair election ... in public procurement processes (including excessive private agreements). ... www.u4.no › Themes › Political Corruption - Cached - Similar Hot Air » DoJ redirecting damage awards to favored groups? Aug 5, 2010 ... Now, Attorney General Eric Holder and Civil Rights Division chief .... How much political corruption activism does Holder commit engage in ... Looks like we need to file RICO charges against the DOJ….it has gotten that bad. ... Imagine if this crime organization in charge can get control of the ... hotair.com/.../doj-redirecting-damage-awards-to-favored-groups/ - Cached White Collar Crime Prof Blog: RICO The National Association of Criminal Defense Lawyers (NACDL) filed an amicus .... private
Nye Frank

Group Government Transparency's best bookmarks - 0 views

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    Transparency Policy Project harvard's government transparency program Tags: government transparency #tcamp09 harvard policy program on 2009-03-01 -Cached -About Shared by:Tracy Viselli Preview
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    Tags: government transparency #tcamp09 sunlight on 2009-03-01 -Cached -About Shared by:Tracy Viselli Preview Send to Save Comment Tracy Viselli Expand GovTrack: H.R. 1: Text of Legislation, Amendment in Senate (2) GovTrack's text of American Recovery and Reinvestment Act of 2009 Tags: government transparency #tcamp09 American Recovery and Reinvestment Act text on 2009-03-01 -Cached -About Shared by:Tracy Viselli Preview Send to Save Comment Tracy Viselli Expand BarCamp / Discussion notes Notes from "what has transparency done for me lately?" session by Micha Sifry at #tcamp09 Tags: government transparency #tcamp09 sunlight session micha sifry on 2009-03-01 -Cached -About Shared by:Tracy Viselli Preview Send to Save Comment Tracy Viselli Expand Obama, Reaching Outside the Bubble - washingtonpost.com Obama email deluge Tags: government transparency #tcamp09 email communication congress washington post on 2009-03-01 -Cached -About Shared by:Tracy Viselli Preview Send to Save Comment Tracy Viselli Expand LittleSis » Obama Cabinet evidence that transparency is a bipartisan effort Tags: government transparency #tcamp09 political influence little sis on 2009-03-01 -Cached -About Shared by:Tracy Viselli Preview Send to Save Comment Tracy Viselli Expand Road Map for Financial Recovery: Radical Transparency Now! transparency now wired Tags: government transparency #tcamp09 financial on 2009-03-01 -Cached -About Shared by:Tracy Viselli Preview Send to Save Comment Tracy Viselli Expand New York State Assembly - Wikipedia, the free encyclopedia for sharing ideas. NY state legislature aims to become a leader in open government Tags: government transparency #tcamp09 new york state andrew hoppen on 2009-03-01 -Cached -About Shared by:Tracy Viselli Preview Send to Save Comment Tracy Viselli Expand SocialMediaFed Govt_BarriersPotentialSolutions.pdf (application/pdf Obj... Tags: government transparency #tcamp09 social media federal solution barriers on 2009-03-01
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759. Arbitrary Administrative Discretion-Federal Court Riverside Officials - 0 views

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    " 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
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    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

FindLaw | Cases and Codes - 0 views

  • 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
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  • 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.
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  • 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.
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    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

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

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    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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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.
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      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.
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