Group items tagged

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

"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

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

The Fiction and Tyranny of "Administrative Law" "If the law supposes that," said Mr. Bumble, squeezing his hat emphatically in both hands, "the law is a ass -- a idiot." Charles Dickens, Oliver Twist On top of that came the suffering caused by trivial regulations and augmented by mutual surveillance, hedging men's activities with hidden dangers. Lift a hand and catch it in a net; move a foot and spring a trap. That is why the people of Cao's own provinces, Yanzhou and Yuzhou, have lost all spirit, and why the groans of wronged men fill the capital. Search through the annals for renegade ministers who surpass Cao Cao [Ts'ao Ts'ao] for blatant avarice and cruel malice! The Romance of the Three Kingdoms [, Three Kingdoms, attributed to Luo Guanzhong, Foreign Language Press, Beijing, 1995, 2007, Volume I, pp.372-373] The conservative columnist Joseph Sobran has a lecture on audio tape called "How Tyranny Came to America." This seems like a shocking and absurd claim. How could anyone believe that "tyranny" exists in America? Sobran must be some kind of extremist nut. Well, Sobran is a bit of an extremist, but to evaluate his claim in this case, even apart from his arguments, one thing we might do is look at definitions of tyranny as formulated by the Founders of the Nation. Thus, Thomas Jefferson said, in his Notes on Virginia [1784], warning about a legislature assuming all the powers of government: All the powers of government, legislative, executive, and judiciary, result to the legislative body. The concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots would surely be as oppressive as one....As little will it avail us that they are chosen by ourselves. An elective despotism was not the government we fought for..." This is significant, not only defining "des

The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. Administrative Law in Riverside County

It is important, likewise, that the habits of thinking in a free Country should inspire caution in those entrusted with its administration, to confine themselves within their respective Constitutional spheres; avoiding in the exercise of the Powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism. A just estimate of the love of power, and proneness to abuse it, which predominates in the human heart is sufficient to satisfy us of the truth of this proposition. Despite all the cautions of the Founders, this consolidation is precisely what has happened, and not even in elected hands. It is now quite common, embodied especially in the form of administrative agencies, particularly those of the federal government, like the IRS, the FCC, the FDA, OSHA, the USDA, the EEOC, the EPA, the Federal Trade Commission (FTC), and countless others. The consolidation of powers in these agencies, and their breach of Constitutional protections, may be examined in turn in relation to each power:

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

" 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.

1. PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML prevent abuse, protect victims, and prosecute offenders who abuse our elderly;. WHEREAS, Riverside County is a leader in the State of California in ... www.clerkoftheboard.co.riverside.ca.us/agendas/2009/.../02.11.pdf - Similar - 2. [PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML offenders who abuse our elderly;. WHEREAS, Riverside County is a leader in the State of California in assisting our vulnerable elderly ... www.clerkoftheboard.co.riverside.ca.us/agendas/2008/.../02.16.pdf - Similar - More results from www.clerkoftheboard.co.riverside.ca.us » 3. County homeowner alert :: The Temecula Valley News ... Assessment (Appeal) is available at www.clerkoftheboard.co.riverside.ca.us. ... The Temecula Valley News Inc. 127 West Elder Street, Fallbrook CA 92028. www.myvalleynews.com/story/38381/ - Cached - Similar - 4. Recent Legislation « Reading Tea Leaves by Randy Wilson Where: Board chambers, 4080 Lemon St., Riverside. For the agenda: www.clerkoftheboard.co.riverside.ca .us/agendas/2009.htm ... rlwilsonconsulting.wordpress.com/category/recent-legislation/ - Cached - Similar - 5. Sonoma Administrative Code, Part 10 Aug 26, 2008 ... California Administrative Code, and (2) whether it is a ~on-agricultural water source. ...... particularly to elderly people, individuals with cardiovascular ...... a petition with the clerk ofthe board of supervisors requesting ..... transient occupancy tax (12) Parking restrictions on Riverside ... www.scribd.com/doc/.../Sonoma-Administrative-Code-Part-10 - Cached - Similar - 6. [PDF] Playground sparks concerns Rutherford police at work F^DUfood ... File Format: PDF/Adobe Acrobat the Clerk ofthe Board:

"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

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."

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

* o + nny Thompson, Nye Frank Celebration of his racin... + Elder Home to care giver not family Riverside Coun... + Nye Frank Racing, Homicide of Elder Riverside Coun... + Elder Law Legislated + California law for Elders + Riverside County Civil Rights Denied to Elders + Solve a Problem : Upload failed (unable to convert... + + President-Elect Barack Obama in Chicago + Seniors Civil Rights in America -Martin Luther Kin... + Riverside County Ugly Politics + Riverside County Ugly Politics + Nye Frank + Riverside Coroner, Homicide with Natural Cause of ... + Riverside County DA chief Deputy sealed case for h... + Nye Frank Racing Autos + Race Car Fabricator, builder Nye Frank + Phil Reddish talking to sheriff and Prosecutor, Ny... + Nye Frank, Riverside County Homicide Cover up, is ... + Corruption in Riverside County, courts + Nye Frank, Riverside County Corruption + Riverside County Coroner Report, Rod Pachco, Sniff... + Micheal Jackson's type of Passion for Race Cars + Riverside County, Racing with Passion + Midwestern Mudslinging + Elder Homicide Closed behind Da closed doors, Corr... + Championship Off Road Racing - Intense Moments 200... + Riverside County ol boys club homicide cover up, d... o ► June (11) + Nye Frank Racing-Riverside County homicide cover u... + 27 year old Ty Reddish telling how attacked 68 yea... + 27 year old Ty Reddish telling how attacked 68 yea... + Nye Frank, Riverside County Elder Homicide Cover u...

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

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

Lemine

Who really enforces this

I never imagined being a crime victim. I never dreamed of so much corruption. I am shocked it happens with official blind eye to such a extream it shuts down a community care for each other.

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