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Nye Frank

California Lawyer Magazine - 0 views

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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.
    • Nye Frank
      Nye Frank on 30 Sep 09
       
      The Riverside DA Rod Pacheco is above the law here
  • "Virtually every standard is being revised," says U.S. District Judge John Tunheim of Minneapolis, who chairs the task force. The revisions, which are not yet public, will be reviewed initially by the Criminal Justice Section's Standards Committee. A final version will take several years to wend its way through the approval process.
  • In Santa Clara County, for instance, the colleagues of suspended deputy DA Field rallied against the threat of more oversight. Last year the Government Attorneys Association—the bargaining unit for the county's deputy DAs, public defenders, and child-support lawyers—drafted legislation that would shift the investigation and prosecution of misconduct charges against State Bar prosecutors from the Office of Trial Counsel to the state attorney general's office. The measure, titled the State Bar Fairness Act, also would establish a statute of limitations: Any investigation must begin within three years of the discovery of the alleged misconduct; formal charges would have to be filed no more than a year later. And under the proposal, prosecutors acquitted of charges could recover defense costs.
    • Nye Frank
      Nye Frank on 01 Oct 09
       
      We have been blocked from justice in every agency that we pay taxes to. It is disgusting.
  • ...1 more annotation...
  • 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.
  • Nye Frank on 30 Sep 09
     
    Who really enforces this
Nye Frank

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

da.co.la.ca.us/jsid.htm

Justice System Integregrity Division law crime victim justice nye frank

shared by Nye Frank on 15 May 09 - Cached
  • When judges, attorneys, police officers, and others working in the justice system break the law, they must be held accountable for their actions. The District Attorney created the Justice System Integrity Division (JSID), a team of highly experienced prosecutors and investigators, to ensure just that. JSID – with enhanced cooperation from local and federal agencies – provides the resources to detect, investigate, and prosecute criminal misconduct among those sworn to uphold the law.
  • Nye Frank on 15 May 09
     
    When judges, attorneys, police officers, and others working in the justice system break the law, they must be held accountable for their actions. The District Attorney created the Justice System Integrity Division (JSID), a team of highly experienced prosecutors and investigators, to ensure just that. JSID - with enhanced cooperation from local and federal agencies - provides the resources to detect, investigate, and prosecute criminal misconduct among those sworn to uphold the law.\nhttp://da.co.la.ca.us/jsid.htm
Nye Frank

Nelson GALBRAITH, Plaintiff-Appellant, v. COUNTY OF SANTA CLARA, a Municipality of the ... - 0 views

altlaw.org/...citations

1983 coroner misconduct

shared by Nye Frank on 18 Sep 09 - Cached
  • Nye Frank on 18 Sep 09
     
    1983 misconduct
Nye Frank

Crime Victims - 0 views

www.diigo.com/...crimevictims

crime victims Corruption misconduct 1983 cases

shared by Nye Frank on 01 Oct 09 - Cached
  • Nye Frank on 01 Oct 09
     
    Nye Frank's List: Crime Victims
Nye Frank

My Library tagged congress - 0 views

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elder law congress crime victim nye frank racing

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

Final Draft Report - Joint Commission to Evaluate the Model Code of Judicial Conduct - 0 views

www.abanet.org/...finaldraftreport.html

judicial judge misconduct court org

shared by Nye Frank on 16 Oct 09 - Cached
  • Nye Frank on 16 Oct 09
     
    Rules of court for judge
Nye Frank

FindLaw | Cases and Codes - 0 views

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

uscs 1983 and wrongful death under california state law

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

721 F.2d 1062 - 0 views

cc.bingj.com/cache.aspx

1983 question law court redress damages color of

shared by Nye Frank on 18 Sep 09 - Cached
  • Nye Frank on 18 Sep 09
     
    The primary question before us in this damage suit under 42 U.S.C. Sec. 1983 (1976) for deprivation of property under color of state law without due process, is whether plaintiff must plead and prove the absence ofadequate state damage remedies as an element of the constitutional tort. We conclude under the authority of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), that in section 1983 damage suits for deprivation of property without procedural due process the plaintiff has the burden of pleading and proving the inadequacy of state processes, including state damage remedies to redress the claimed wrong. The plaintiff in this case has failed to carry this burden. The judgment of the court below awarding damages to plaintiff is therefore reversed.
Nye Frank

Legislative - 0 views

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lemine witnesses

shared by Nye Frank on 10 Nov 09 - No Cached
  • Nye Frank on 10 Nov 09
     
    Lemine
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