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

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

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

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

"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

"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

"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

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."

" 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.

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

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

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

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