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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

" 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

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.

Now, it is an effectual denial by a State of the equal protection of the laws when any class of officers charged under the laws with their administration permanently and as a rule refuse to extend that protection. If every sheriff in South Carolina refuses to serve a writ for a colored man and those sheriffs are kept in office year after year by the people of South Carolina, and no verdict against them for their failure of duty can be obtained before a South Carolina jury, the State of South Carolina, through the class of officers who are its representatives to afford the equal protection of the laws to that class of citizens, has denied that protection. If the jurors of South Carolina constantly and as a rule refuse to do justice between man and man where the rights of a particular class of its citizens are concerned, and that State affords by its legislation no remedy, that is as much a denial to that class of citizens of the equal protection of the laws as if the State itself put on its statute-book a statute enacting that no verdict should be rendered in the courts of that State in favor of this class of citizens."

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

People who are victimized are vulnerable to exacerbated suffering. Most victims will experience a sense of shock, disbelief, or denial that the crime occurred, often followed by cataclysmic emotions: fear, anger, confusion, guilt, humiliation and grief, among others. But people with disabilities may have intensified reactions because they may already feel stigmatized and often have low self-esteem due to societal attitudes. The sense of self-blame, confusion, vulnerability, and loss of trust may be exaggerated, as may be an ambivalence or negativity related to their perception of their bodies. Denial and avoidance of the need to cope with the aftermath may complicate the identification of crime victims with a disability. Some victims, particularly elderly and those with developmental disabilities, will need services designed to enhance a feeling of safety and security regarding future victimization.

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

Kim Emmerling Victim Advocate caught in lie quits

Kim Emmerling Victim Advocate caught in lie quits

Hoping the elections bring in new blood and the corruption in the Inland Empire slows down. My father a 68 year old man strangled in front of his 72 year old wife and having judo moves done on him dying from brain death in minutes. Denial of any access to justice because the father of the killer friend of the DA. This is what we all think of the 3rd world. The Riverside County Supervisors, Sheriff and Coroner put a false statement of fact in the court that we had to file a lemine to counter it. The judge removed himself. The employees that were let go some went to San Bernardino, Like Daima Calhoun in the DA office. Look for your self on line in you tube for Nye frank Racing. The father a Norco High teacher tells Daima how he will cover up the homicide http:nyefrank.typepad.com

"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