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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

Statutory Protection of Older Persons - Accidents and Injuries - 0 views

injury.findlaw.com/...utory-protection-of-elder.html

elder statutory laws

shared by Nye Frank on 29 Jul 09 - Cached
  • 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.
    • Nye Frank
      Nye Frank on 29 Jul 09
       
      Riverside County APS was contacted 3 times reported the homicide of Nye Frank. They refused to come out. Even though it is mandated. It also is a requirement for the coroner, and sheriff to report
  • 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
  • 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

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

federal courts - 0 views

nyefrank.typepad.com

riverside county Nye crime law victims court pacheco elder

shared by Nye Frank on 16 Mar 10 - Cached
  • Nye Frank on 16 Mar 10
     
    Providing the Context: The Federal Criminal Justice System In the United States, there are two distinct judicial systems: the federal judicial system that enforces federal laws, rules and regulations, and provides interpretations of the U.S. Constitution; and the various state and local judicial systems that enforce state laws, rules and regulations, and interprets the state constitution. The state courts have general power to decide nearly every type of case, subject only to the limitations of state law, the state's constitution, and the U.S. Constitution. In general, the state courts handle most criminal matters; the kinds of criminal violations that the general public thinks of as
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

Search Results - THOMAS (Library of Congress) - 0 views

thomas.loc.gov/thomas

probation legislative elder law in hearings legislation research congress

shared by Nye Frank on 29 Jul 09 - Cached
  • 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse, and for other purposes.Sponsor: Rep Sestak, Joe [PA-7] (introduced 1/9/2009)      Cosponsors (5) Committees: House Judiciary; Senate Judiciary Latest Major Action: 2/12/2009 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • Nye Frank on 29 Jul 09
     
    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
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

The Practical Rules of Bureaucracy - 0 views

www.friesian.com/bureau.htm

jerk people around Madison Bureaucracy rock boat empire building Riverside County

shared by Nye Frank on 27 May 09 - Cached
  • Nye Frank on 27 May 09
     
    Jerk People Around. Once bureaucrats have their rents and their power, what do they do with them? Well, they "serve the public." If they don't actually serve the public very well, there is not much that can be done about it, since they will have the protection both of the civil service system and of the unions, and it may be all but impossible to fire them. So why not have some fun in the meantime? Just say no. The public needs to be reminded that they are at your mercy, so you might as well make things as difficult for them as possible. It helps that an inefficient "spend your budget" bureaucracy is going to have tons of rules and regulations, where they are most likely to be incoherent and even self-contradictory. So you will have no difficulty quoting one rule to one person and another to another, requiring them to do different things, both of which can then be retroactively invalidated by a switch in the rules. James Madison wrote: It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed? [Federalist Paper No. 62]# Don't Rock the Boat. An excellent way to avoid responsibility in bureaucracy is not to be noticed. That is one meaning of not rocking the boat, or not making waves. And, of course, an excellent way of not being noticed is to pass the buck. Most Americans have by now probably had the experience of dealing with a government agency or a large corporation where it was all but impossible to find anyone actually willing to admit that your problem falls under their authority. One form of this is long waits on the telephone, after being put on
  • Nye Frank on 27 May 09
     
    Several articles in the paper have questioned the bureucracy of Riverside County DA office of Rod Pacheco.
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
Nye Frank

My Library Crime Victims - 0 views

www.diigo.com/riverside

Riverside legislation stalking color of the law County crime mapping author library victims pacheco elder court

shared by Nye Frank on 03 Mar 10 - Cached
  • filter by tags, space-separated
  • news, interest
  • "She reiterated to Mr. Pacheco that it was cut and dry, the investigator had prepared a false report." Under the U.S. Supreme Court's 1973 Brady v Maryland decision, prosecutors have a duty to disclose evidence helpful to the accused, including the credibility of a witness. Hunt said Pacheco told her not to disclose anything to defense attorneys in the unidentified case. Pacheco said there was a system set up in 2006, when Trask was district attorney, to review possible Brady violations and she did not follow that policy, he said. Hunt said in her lawsuit she did not know at the time that the same investigator was the subject of similar allegations in a case that was under review by the FBI and the U.S. attorney's office.
  • Nye Frank on 03 Mar 10
     
    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.
Nye Frank

My Library tagged congress - 0 views

www.diigo.com/...congress

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
James Stewart

Thank Doctor Cleanduct for the Cleaner Air We Breathe - 2 views

I have a sister who is suffering from asthma. So when she visited my house she was so happy because she said she can breathe easily. So I told her it was because I had my HVAC system cleaned regula...

ducted heating cleaning

started by James Stewart on 22 Sep 11 no follow-up yet
Nye Frank

Bookmark and Share - 0 views

sharing.govdelivery.com/...USFBI-7C589

defaud the county medical system Elder Victims Crime

shared by Nye Frank on 24 Jun 09 - Cached
  • Nye Frank on 24 Jun 09
     
    form 341 is a mandatory reporting form for Elder abuse. The law that it has on it WIC 15610.07 and 15610.63 perpetrated by others. Assult,Battery Constraint or Deprivation Sexual Assult Chemical Restraint over or under medicated neglect financial abandonment isolatin abduction other non mandated abuses deprication of goods and services, psychological/ mental
Nye Frank

untitled - 0 views

74.125.155.132/search

shared by Nye Frank on 24 Jul 09 - Cached
  • ions of documents as we crawl the web. Page 1 Page 2 Page 2 1 THE DEPOSITION OF MARK A. FAJARDO, M.D., A WITNESS, 2 TAKEN ON BEHALF OF PLAINTIFF AT 800 S. REDLANDS 3 AVENUE, PERRIS, CALIFORNIA 92570 AT 1:48 P.M., 4 TUESDAY, DECEMBER 11, 2007, BEFORE KERRY R. EWING- 5 FIELDS, A CERTIFIED SHORTHAND REPORTER IN AND FOR 6 THE STATE OF CALIFORNIA, LICENSE NO. 8586. 7 8 APPEARANCES OF COUNSEL: 9 10 FOR PLAINTIFFS: 11 THE COCHRAN FIRM 12 BY BRIAN T. DUNN 13 4929 WILSHIRE BOULEVARD, SUITE 1010 14 LOS ANGELES, CALIFORNIA 90010 15 (323) 931-620
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