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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

LADA Hate Crimes Defined - 0 views

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

Hate crime

shared by Nye Frank on 25 Sep 09 - Cached
  • Nye Frank on 25 Sep 09
     
    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.
  • ...12 more comments...
  • Nye Frank on 25 Sep 09
     
    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:
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
  • Nye Frank on 25 Sep 09
     
    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.
Nye Frank

721 F.2d 1062 - 0 views

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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

FindLaw | Cases and Codes - 0 views

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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

FindLaw | Cases and Codes - 0 views

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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

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

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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

California Elder Abuse Act, Elder and Dependent Adult Civil Protection Act (EADACPA): S... - 0 views

www.preventelderabuse.com/alifornia-elder-abuse-act.html

elder abuse act legislative

shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    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
Nye Frank

My Library for tag:(rico) rico - 0 views

www.diigo.com/search

rico law

shared by Nye Frank on 22 Dec 09 - Cached
  • It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). .
  • Nye Frank on 22 Dec 09
     
    Rico
Nye Frank

The Elder Justice Act Definitions: - 0 views

www.californiaelderlawattorneyblog.com/...lder-justice-act-definiti.html

rod pacheco elder seniors inland empire Crime

shared by Nye Frank on 09 Nov 09 - Cached
  • Nye Frank on 09 Nov 09
     
    Lee Frank was denied all victim services. The DA friend per the father of the killer helped to cover up the homicide. Brian Floyd Norco High School teacher past student and Campaign manager for the DA, and his cheif deputy when he was in the Senate.
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  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
  • Nye Frank on 09 Nov 09
     
    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
Nye Frank

42 USC Sec. 233. Civil actions or proceedings against commissioned officers or employees - 0 views

biotech.law.lsu.edu/...42usc233.htm

42 usc 233

shared by Nye Frank on 01 Mar 10 - Cached
  • Upon a certification by the Attorney General that the defendant was acting in the scope of his employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merit that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State Court: Provided, That where such a remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in the event the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section.
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

LIABILITY OF INDIVIDUAL STATE AND LOCAL GOVERNMENT OFFICIALS: THE PRIMA FACIA CASE - 0 views

cc.bingj.com/cache.aspx

state court victim crime liability riverside county

shared by Nye Frank on 16 Oct 09 - Cached
  • Nye Frank on 16 Oct 09
     
    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."
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

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

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

Illinois Pro Bono | Federal Court Prison Litigation Project Handbook Part II - 0 views

www.illinoisprobono.org/index.cfm

indigent civil court appointed

shared by Nye Frank on 19 Sep 09 - Cached
  • Nye Frank on 19 Sep 09
     
    Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992): Indigent civil litigants have no constitutional or statutory right to be represented by counsel in federal court. The district court, however, may in its discretion request counsel to represent indigent civil litigants in certain circumstances under 28 U.S.C. 1915(d) . In determining whether to appoint counsel, the district court should consider: (1) the merits of the indigent's claim for relief; (2) the ability of the indigent plaintiff to investigate crucial facts unaided by counsel; (3) whether the nature of the evidence indicates that the truth will more likely be exposed where both sides are represented by counsel; (4) the capability of the indigent to present the case; and (5) the complexity of the legal issues raised by the complaint.
Nye Frank

Hate crimes hurt! 206-350-HATE LAMBDA Anti-Violence Project - 0 views

www.lambda.org/hatecr1.htm

hate crimes court what is a crime

shared by Nye Frank on 24 Nov 09 - Cached
  • Nye Frank on 24 Nov 09
     
    "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
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

Notable Court Cases Concerning Constitutional Issues - 0 views

www.lectlaw.com/lws48.htm

constitution

shared by Nye Frank on 31 Dec 09 - Cached
  • CON Argument: The constitution does not provide explicitly for Supreme Court review of state court decisions. Since it must have been foreseen by the drafters that conflicts would arise, the omission is evidence that the framers felt that such a powerful tribunal would produce evils greater than those of the occasional collisions which it would be designed to remedy. Thus, once an action is brought in state court, the federal court's sole remedy is to shift it to a lower federal court before it gets to the final court of the state, or simply to advise the high state court that they have improperly interpreted the constitution. The states are dually sovereign with the federal government, and not subject to the laws of Congress which limit their sovereignty.
  • Procedural Posture: The Virginia court, in the original case, found for Hunter The Supreme Court reversed, ordering the Virginia court to enter judgment for Martin under the authority granted by Section 25 of the Judiciary Act which gave the Supreme Court the power to review final decisions of the highest state courts rejecting claims based on federal law. The Virginia state court refused to comply with the order, claiming that Section 25 was unconstitutional, and the Supreme Court had no constitutional right to review the final decisions of the state courts. The case is again being reviewed by the Supreme Court
  • The statute prescribed how the court should decide an issue of fact, and it denied effect to a Presidential Pardon, thus violating the separation of powers.
  • ...1 more annotation...
  • Issue: Whether the Supreme Court has jurisdiction to review state court judgments which concern federal issues, and which are not clearly based on an adequate and independent state law grounds. 5. Holding: Yes. If the state court decision does not] indicate clearly and expressly by means of a "plain statement" that it is alternatively based on bona fide separate, adequate, and independent grounds the Supreme Court has appellate jurisdiction to review the state court ruling.
Nye Frank

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

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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.
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