Skip to main content

Home/ Riverside County Crime Victims/ Group items tagged process

Rss Feed Group items tagged

Filter: All | Bookmarks | Topics Simple Middle
Nye Frank

FindLaw | Cases and Codes - 0 views

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

1983 indifference minimum in standard case

shared by Nye Frank on 29 Jul 09 - Cached
  • 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
    • Nye Frank
      Nye Frank on 29 Jul 09
  • 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.
  • ...9 more annotations...
  • 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.
  • Nye Frank on 29 Jul 09
     
    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

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

www.answers.com/due-process

due process CONSTITUTIONAL

shared by Nye Frank on 31 Dec 09 - Cached
  • Legal proceedings carried out fairly and in accord with established rules and principles. Due process standards are sometimes referred to as either substantive or procedural. Substantive due process refers to a requirement that laws and regulations be related to a legitimate government interest (e.g., crime prevention) and not contain provisions that result in the unfair or arbitrary treatment of an individual. The 5th Amendment to the Constitution of the United States states that "no person shall…be deprived of life, liberty, or property, without due process of law." This right was extended to the states by the 14th Amendment (1868). Fundamental to procedural due process are adequate notice before the government can deprive one of life, liberty, or property, and the opportunity to be heard and defend one's rights. The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision making. See also rights of the accused; double jeopardy. For more information on due process, visit Britannica.com.
Nye Frank

An Elder Fights the Denial of Medicaid by Division of Medical Assistance and the Hearin... - 0 views

www.falseallegations.com/elderly-medical-assistance.htm

denial of medicaid constitutional rights

shared by Nye Frank on 16 Mar 10 - Cached
  • Nye Frank on 16 Mar 10
     
    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

Adult Protective Services - General - 0 views

74.125.155.132/search

adult protective services general

shared by Nye Frank on 11 Nov 09 - Cached
  • Nye Frank on 11 Nov 09
     
    "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

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.
Sarah Usher

Pass the Police Recruitment Process in One Attempt - 1 views

I was so happy PoliceRecruitmentUK provided me a lot of information about the police recruitment process! They showed me tips and information on what to expect during the selection process. That ...

police jobs

started by Sarah Usher on 08 Jun 11 no follow-up yet
Nye Frank

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

www.google.com/search

law crime

shared by Nye Frank on 26 Feb 10 - Cached
  • Nye Frank on 26 Feb 10
     
    [DOC] CV File Format: Microsoft Word - View as HTML Her research interests focus on criminal careers, criminal justice evaluation, ... of Quantitative Criminology, American Sociological Review, Social Problems, and Justice Quarterly. .... Federal Sentencing Reporter, Vol. 20, No. 2, December 2007. ... Journal of Criminal Law and Criminology, Vol. 75, Spring, 1984. ... www.udel.edu/soc/faculty/visher/Vita2009.doc - VITAE Julie Horney School of Criminal Justice University at Albany ... by J Horney - 2005 Readings on the Social Study of Law, New York: W.W. Norton and in Jennifer Temkin ... Observation and Study in the Federal District Courts, Federal Judicial ..... Criminal Justice Education, Journal of Quantitative Criminology, Journal of. Research in Crime and Delinquency, Law and Society Review, Social Problems, ... www.ncovr.heinz.cmu.edu/CVs/05_horney.pdf - Similar - Valerie Jenness | School of Social Ecology Criminology, Law and Society. Curriculum Vitae: application/pdf icon ... She has served as an Associate Editor for Social Problems, as well as an Advisory ... "From Symbolic Law to Criminal Justice Practice: Hate Crime Policy, Policing, ... New York: Oxford University Press. Grattet, Ryken and Valerie Jenness. ... socialecology.uci.edu › Faculty - Cached - Similar - [PDF] VITA SCOTT H. DECKER PERSONAL INFORMATION Work Address: Criminal ... File Format: PDF/Adobe Acrobat - Quick View Department of Criminology and Criminal Justice, University of Missouri-St. Louis. .... Court: The Evolution of Sentencing Practices in the United States. ..... federal immigration law: Implications for local control. ..... Quarterly, Law and Society Review, Social Problems, Journal of Criminal Justice, American ... ccj.asu.edu/downloads/vita/shdecker - Criminal justice : : Portrait of a discipline in process - Elsevier by O Marenin - 1998 - Cited by 15 - Related articles Crime is a social problem and dealing with it requires an assessment, .
Nye Frank

Federal Rules of Civil Procedure - 0 views

74.125.155.132/custom

federal rules of court 56 judgement how to summary

shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    le 12. Defenses and Objections - When and How Presented - by Pleading or Motion - Motion for Judgment on the Pleadings 1. Defendant shall answer within 20 days of service or, if service was waived, within 60 days after request for waiver was sent 2. Every defense shall be asserted in the responsive pleading except that the following defenses may be made by motion: 1. Lack of jurisdiction over subject matter 2. Lack of jurisdiction over person 3. Improper venue 4. Insufficiency of process 5. Insufficiency of service of process 6. Failure to state a claim upon which relief can be granted 7. Failure to join a party under Rule 19 Ü If (6) is asserted and matters outside the pleading are consider, goes to Rule 56, summary judgment. 3. Judgment on the Pleadings - mainly used by Π when Δ's responsive pleading doesn't dispute Π's claim 7. Consolidation of Defenses in Motion - If a Rule 12 motion is made, any defense or objection is waived unless exception in (h)(2) 8. Waiver or Preservation of Certain Defenses
Nye Frank

Fact (law) legal definition of Fact (law). Fact (law) synonyms by the Free Online Law D... - 0 views

legal-dictionary.thefreedictionary.com/Fact%20(law)

FACT FINDER OF MAY NOT DECIDE MATERIAL QUESTIONS

shared by Nye Frank on 24 Oct 09 - Cached
  • A question of fact receives the same treatment in a bench (non-jury) trial as it does in a jury trial. The only difference is that in a bench trial the same person resolves both questions of law and fact because the fact finder is the judge. Nevertheless, in a bench trial, a judge may not decide material questions of fact without first affording the parties the process of a trial
  • Nye Frank on 24 Oct 09
     
    A question of fact receives the same treatment in a bench (non jury ) traial as does in a jury trial. The only difference is that in a bench trial the same person resolves both questions of law and fact because the fact finder is the judge. Nevertheless in a bench trial, a judge may not decide material questions of fact without first affording the parties the process of a trail.
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

ScienceDirect - Journal of Clinical Forensic Medicine : Clinical forensic medicine - ma... - 0 views

www.sciencedirect.com/science

forensic medicine

shared by Nye Frank on 25 Sep 09 - Cached
  • Nye Frank on 25 Sep 09
     
    rticle Outline * Defining clinical forensic practice and its components * Specific responsibilities of the forensic medicine specialist in trauma * Investigation of trauma * Preservation of evidence * Physical evidence * When to collect evidence * Processing of clothing * Investigation of wound characteristics * Certifying death * Standards and liability issues * Role of clinical forensic medicine * Forensic nursing and trauma care * Role of photography in clinical forensic medicine * Role of the ambulance and rescue workers * Conclusion * References Corresponding Author Contact InformationCorresponding author. Correspondence to: Dr. B. R. Sharma, Tel.: +91-172-665545; Fax: +91-172-608488 Journal of Clinical Forensic Medicine Volume 10, Issue 4, December 2003, Pages 267-273 http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6WHN-49W33W3-1&_user=10&_coverDate=12%2F31%2F2003&_rdoc=1&_fmt=high&_orig=browse&_sort=d&view=c&_acct=C000050221&_version=1&_urlVersion=0&_userid=10&md5=3550fb628d8b58851a28da49eab06979
  • Nye Frank on 25 Sep 09
     
    rticle Outline * Defining clinical forensic practice and its components * Specific responsibilities of the forensic medicine specialist in trauma * Investigation of trauma * Preservation of evidence * Physical evidence * When to collect evidence * Processing of clothing * Investigation of wound characteristics * Certifying death * Standards and liability issues * Role of clinical forensic medicine * Forensic nursing and trauma care * Role of photography in clinical forensic medicine * Role of the ambulance and rescue workers * Conclusion * References Corresponding Author Contact InformationCorresponding author. Correspondence to: Dr. B. R. Sharma, Tel.: +91-172-665545; Fax: +91-172-608488 Journal of Clinical Forensic Medicine Volume 10, Issue 4, December 2003, Pages 267-273 http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6WHN-49W33W3-1&_user=10&_coverDate=12%2F31%2F2003&_rdoc=1&_fmt=high&_orig=browse&_sort=d&view=c&_acct=C000050221&_version=1&_urlVersion=0&_userid=10&md5=3550fb628d8b58851a28da49eab06979
Sarah Usher

The Key To My Success - 1 views

I have always been dreaming of becoming a police officer someday. I dreamt of doing police jobs myself, bust all criminals and save my society. I love protecting people, and I like to protect my fa...

Police-Recruitment UK

started by Sarah Usher on 08 Nov 11 no follow-up yet
Nye Frank

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

www.google.com/search

rico private attorney general

shared by Nye Frank on 23 Aug 10 - Cached
  • Nye Frank on 23 Aug 10
     
    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

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

www.diigo.com/...g

Riverside County crime victim

shared by Nye Frank on 04 Feb 10 - Cached
  • Nye Frank on 04 Feb 10
     
    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

759. Arbitrary Administrative Discretion-Federal Court Riverside Officials - 0 views

chestofbooks.com/...Administrative-Discretion.html

arbitrary administrative discretion Nye Frank Crime victims rights howstuffworks caching how

shared by Nye Frank on 17 Mar 10 - Cached
  • Nye Frank on 17 Mar 10
     
    " 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
  • Nye Frank on 17 Mar 10
     
    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.
Sarah Usher

I Have Help and I Become a Police Officer - 1 views

I want to follow the footsteps of my father who was a decorated police officer. Not wanting to embarrass the reputation he has diligently planted in the police force, I decided to seek the help of ...

police careers

started by Sarah Usher on 20 Jul 11 no follow-up yet
how to Become A Police Officer

Becoming A Certified True Bobby in the UK - 1 views

I always wanted to know or learn how to become a police officer. I kept bugging my friends about this and they told me that I needed to pass the police recruitment process. But, I was afraid I migh...

police officer in the UK

started by how to Become A Police Officer on 20 Sep 11 no follow-up yet
Nye Frank

Bloglines | My Feeds - 0 views

www.bloglines.com/myblogs

shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
  • Nye Frank on 29 Jul 09
     
    Following the Court's decision in City of Canton, we granted rehearing and issued a new opinion, Wood II, that disavowed the gross negligence standard set out in our opinion in Wood I. Wood II also had the effect of modifying Fargo to the extent that Fargo relied explicitly on Wood I in setting a gross negligence standard--the modification of Wood I eliminated the legal foundation for Fargo. In sum, it is clear from Wood II that Wood I and Fargo are no longer good law to the extent that they set a standard of gross negligence for S 1983 violations. "Bare" gross negligence is never sufficient to sustain a S 1983 claim for a substantive due process violation. See L.W. v. Grubbs, 92 F.3d 894, 897 (9th Cir. 1996). It is also clear that deliberate indifference is always sufficient. Fargo and Wood II are helpful in defining the meaning of these standards and in shedding light on the murky area that lies between the two standards http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=9th&navby=case&no=9315924
Nye Frank

California Lawyer Magazine - 0 views

www.callawyer.com/story.cfm

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
Sarah Usher

Police Jobs Through Police-Recruitment UK - 1 views

I was searching for police force jobs that will suit the qualifications that I have. I searched in offices and online until I came across Police-Recruitment UK. I was able to set my sights on a sp...

police force jobs

started by Sarah Usher on 06 Sep 11 no follow-up yet
1 - 20 of 21 Next ›
Showing 20▼ items per page