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Nye Frank

ELDER abuse by county and court officials - Yahoo! Search Results - 0 views

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elder abuse Officials in on corruption Probate Homicide Profits

shared by Nye Frank on 02 Jul 10 - Cached
  • Nye Frank on 02 Jul 10
     
    "Search Pad Search Pad Options New… Open… Save… Close Recent Documents Search Pad Turn Off Turn On Preferences About View Notes Search Pad SearchScan - On 2,190,034 results for ELDER abuse by count… Search Results Polk County Attorney Dependent Adult ( Elder ) Abuse Unit. The Polk County Attorney's Office ... Provide support and assistance through local services and Court -ordered protective ... www. polkcountyiowa.gov /attorney/Criminal/ elderAbuse .aspx - Cached [ PDF ] NYC Elder Abuse Training Project 948k - Adobe PDF - View as html information on aspects of Elder Abuse to enable court officials in various venues. to ... By the end of this session, court officials will be able to: ... home2.nyc.gov /html/dfta/ ... / elderabuse _ court curriculum.pdf Articles about Elder Abuse Orange County - Los Angeles Times Elder Abuse Orange County News. Find breaking news, commentary, and archival information about Elder Abuse Orange County from the Los Angeles Times articles.latimes.com /keyword/ elder - abuse -orange- county - Cached Official site of Bucks County , Pennsylvania Office of Employment and Training. Services. Elder Abuse . Bucks County Area Agency on Aging ... and assistance to older people, including elder abuse and crime ... buckscounty.org /living and working/Services/ ElderAbuse .aspx - Cached [ PDF ] Needs Assessment: Court and Judicial Needs in the Area of ... 156k - Adobe PDF - View as html identified by the court as elder abuse because that is the charge and the ... excellent' rat
  • Nye Frank on 02 Jul 10
     
    Probate Homicide Profits, Riverside County Supervisors and Court officials
Nye Frank

Federal Bureau of Investigation - Civil Rights Statutes - 0 views

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fbi federal law

shared by Nye Frank on 17 Mar 10 - Cached
  • Nye Frank on 17 Mar 10
     
    Contact Us Your Local FBI Office Overseas Offices Submit a Crime Tip Report Internet Crime More Contacts Learn About Us Quick Facts What We Investigate Natl. Security Branch Information Technology Fingerprints & Training Laboratory Services Reports & Publications History More About Us Get Our News Press Room E-mail Updates News Feeds Be Crime Smart Wanted by the FBI More Protections Use Our Resources For Law Enforcement For Communities For Researchers More Services Visit Our Kids' Page Apply for a Job Civil Rights Statutes Civil Rights Home Federal Civil Rights Statutes Title 18, U.S.C., Section 241 - Conspiracy Against Rights Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law Title 18, U.S.C., Section 245 - Federally Protected Activities Title 18, U.S.C., Section 247 - Church Arson Prevention Act of 1996 Title 18, U.S.C., Section 248 - Freedom of Access to Clinic Entrances (FACE) Act Title 18, U.S.C., Section 844(h) - Federal Explosives Control Statute Title 42, U.S.C., Section 3631 - Criminal Interference with Right to Fair Housing Title 42, U.S.C., Section 14141 - Pattern and Practice Title 18, U.S.C., Section 241 Conspiracy Against Rights This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. Punishment varies from a fine or imprisonment of up to ten years, or
Nye Frank

CIV PRO OUTLINE - 0 views

74.125.155.132/search

mandamus

shared by Nye Frank on 31 Dec 09 - Cached
  • Nye Frank on 31 Dec 09
     
    This is the html version of the file http://students.law.ucdavis.edu/LSA/files/outlines/Civ%20Pro%20-%20Unknown%20-%200203.doc. Google automatically generates html versions of documents as we crawl the web. CIV PRO OUTLINE As of 5/1 1. WHAT'S CIVIL PROCEDURE? 1. Prescribes and administers process for enforcing rights and duties specified in substantive law 2. EVOLUTION OF CIVIL PROCEDURE (pgs. 18-32) 1. Significant Anglo-Saxon institutions at time of conquest: 1. Crown 2. Local tribunals 1. Slow and uncertain in operation 2. Earliest forms of royal intervention 1. Executive 2. Administrative 3. Writ 1. Written directive from king to royal official/to individual/group of individuals ordering addressees to do/refrain from doing designated act 2. Procedural steps by which prosecuted not uniform 3. Praecipe 1. Executive command made without inquiry 4. Novel disseisin/querela 1. Derived from procedure in which judicial inquest of complaints heard first and then executive action followed 4. king's direct entertainment of complaints of subjects 3. Early evolution of royal courts 1. Medieval central government 1. King's court/curia regis 2. Why separate branches? 1. Administrative necessity for orderly record keeping 2. Historical fact that early Plantagenet kings had domains in France that were more important to them than England and which required their presence on continent for long periods of time (king absent a lot) 4. Common law procedure 1. Background of all medieval litigation was hope of bringing parties to some sort of voluntary accord
Nye Frank

Violence Theory Workshop Summary | National Institute of Justice - 0 views

www.ojp.usdoj.gov/...violence-theory.htm

official transcrips

shared by Nye Frank on 22 Mar 10 - Cached
  • Nye Frank on 22 Mar 10
     
    The Applicant, Appellant or Party Intervenor may request that all or a part of the transcript of a hearing be transcribed into verbatim, written form. In such case, the Applicant, Appellant or Party Intervenor requesting the transcript shall be responsible for the cost of production of the transcription and the transcription shall become the official transcript
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
  • 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).
    • Nye Frank
      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)).
  • 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.
  • 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
  • ...8 more annotations...
  • 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

CONTENTdm Collection : Item Viewer - 0 views

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eithis

shared by Nye Frank on 01 Jun 09 - Cached
Nye Frank

RICO ACT, Jeff Grell, Racketeer Influenced and Corrupt Organizations, RICO, Attorney at... - 0 views

www.ricoact.com/eminent.asp

rico

shared by Nye Frank on 26 Jun 10 - Cached
  • Nye Frank on 26 Jun 10
     
    In addition, a RICO claim would be aided by acts beyond mail or wire fraud. Some clients have complained about city officials threatening to reduce city services unless they cooperated with the condemnation proceedings and other clients relate threats of increased traffic enforcement around their business (i.e., the city threatening to ticket customers for little or no reason unless the business cooperates). Arguably, such activity could constitute extortion under 18 U.S.C. § 1951. The more blatant such extortion, the better the basis of a RICO claim.
Nye Frank

ARTICLE: Removing Conflicts from the Administration of Justice: Conflicts of Interest a... - 0 views

litigation-essentials.lexisnexis.com/...app

rule of law conflict interest attorney 104a

shared by Nye Frank on 28 Jun 10 - No Cached
  • Nye Frank on 28 Jun 10
     
    Copyright (c) 1990 Georgetown Law Journal Georgetown Law Journal ARTICLE: Removing Conflicts from the Administration of Justice: Conflicts of Interest and Independent Counsels Under the Ethics in Government Act. 1 October, 1990 79 Geo. L.J. 1 Author BETH NOLAN * Excerpt I. INTRODUCTION The independent counsel provisions of the Ethics in Government Act of 1978 2 are a reflection of one of our nation's most fundamental aspirations for government: that official decisions should be made in the interests of the common good, not in the narrow self-interests of the individuals in power. This aspiration in turn reflects some of the basic tenets of our constitutional faith: that we shall be bound only by a government of laws, no one shall be above the law, and each person shall receive equal justice under the law. To further this goal, the independent counsel provisions endeavor to guarantee that certain investigations and prosecutions are undertaken free of the compromising influence of the prosecutor's own political or personal interests. From this perspective, the aspiration of the independent counsel provisions is for the reign of the "rule of law." 3 The independent counsel provisions are both an expression of fealty to the rule of law and a concession to its elusiveness. To legislate that certain individuals and institutions may not investigate certain other individuals is to acknowledge that the rule of law is vulnerable to manipulation and abuse. Moreover, the independent counsel law reflects a fear that manipulation and abuse can occur even when intentions are noble, or at least not malevolent. This is the underlying theory of the law, which mandates recusal of the entire Department of Justice in a certain category of cases, without regard to the ability of the Department to undertake a ...
Nye Frank

elder abuse - 0 views

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elder abuse financial

shared by Nye Frank on 30 Jun 10 - Cached
  • Nye Frank on 30 Jun 10
     
    This is Google's cache of http://www.ncea.aoa.gov/ncearoot/main_site/Library/CANE/CANE_Series/CANE_FinancialExploitation.aspx. It is a snapshot of the page as it appeared on Jun 27, 2010 13:10:27 GMT. The current page could have changed in the meantime. Learn more Text-only versionThese search terms are highlighted: financial elderly person includes constitute property crimes regardless age victim california These terms only appear in links pointing to this page: exploytation acts thin includes U.S. Administration on Aging Home NCEA E-News State Resources Calendar About NCEA What We Do NCEA Partners NCEA Initiatives Find Help Help Hotline ElderCare Locator Find State Resources Resources for Families Adult Protective Services FAQ's Frequently Asked Questions Basics Resource for Professionals Nursing Home Abuse Resources Community Outreach Newsletter NCEA Listserve Online Links Promising Practice Library CANE Publications Events & Webcast Laws Statistic & Research Training Library Abuse Statistics Survey, Reports & Testimonies Research Briefs & Agenda National Incident Study Home > Library > CANE Printer Friendly Text Size: T T T Financial Exploitation of the Elderly: An Update of the Literature Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds, scams and identity theft, at the hands of strangers as well as loved ones, not only in the United States, but throughout the world. As technology advances, perpetrator
Nye Frank

YouTube - Broadcast Yourself. - 0 views

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Rod Pacheco Corruption Riverside County Legislative Brian Floyd homicide cover up

shared by Nye Frank on 24 Dec 09 - Cached
  • Nye Frank on 24 Dec 09
     
    Brian Floyd and Rod Pacheco in Homicide of Nye Frank cover up. Audio and sheriff video show very clearly the corruption and in the connection to Probate courts. But that is a group that the Judge in Riverside County told Lee Frank I doubt if you can find a attorney, doubt if you can afford a attorney, and if you pursue this can lose everything including your house. Then the Supervisors, Coroner, APS, Prosecutor, D Victim Advocates, Chief DA Mike Rushton promoted to made a false statement of fact into court. We were prevented from filing a Lemine by the clerk but was able to get internal affairs misconduct department to serve the County Council directly. Rod Pacheco claimed privacy in a whistle blower case. Elder victims are a easy target when the DA does not give crime case numbers to the crime in a abuse of his position. This is what DA Nefong got removed for not showing all evidence. This case is also one in that FBI rules to close cases and seal them rules violated. Hold officials accountable and the newspapers to report real news. "These are not the masterminds," District Attorney Rod Pacheco said Tuesday in a phone interview. "These are the folks who helped the masterminds." http://www.pe.com/localnews/rivcounty/stories/PE_News_Local_S_websj.2219fc8.html
Nye Frank

ElderAbuseHelp.Org- How Conservatorships-Guardianships Are Used As Tools Of Theft and C... - 0 views

elder-abuse-cyberray.blogspot.com/...torshipsguardianships-are.html

guardianship elder abuse

shared by Nye Frank on 12 Apr 10 - Cached
  • Nye Frank on 12 Apr 10
     
    Elder Abuse -take their assests and silence them to pay for elections and lifestyle of corrupt officials
Nye Frank

Riverside NYE FRANK RACING HOMICIDE: Depositions Reporting Service | Diigo - 1 views

visualizedevelopment.blogspot.com/...eporting-service-diigo_30.html

shared by Nye Frank on 30 Jun 10 - Cached
  • Nye Frank on 30 Jun 10
     
    Crime victim of corruption in Riverside County, Officials under the rador corruptio to elders
Anne White

I Passed the UK Police Recruitment for 2011 - 1 views

I really wanted to become a police officer, not because being a police officer is exciting, but, because I knew being a police officer is a noble profession and I wanted to make a difference in the...

started by Anne White on 11 Oct 11 no follow-up yet
Nye Frank

racingnyefrank - 0 views

racingriverside.blogspot.com

sheriff lack of duty supreme court elder law judicial misconduct

shared by Nye Frank on 24 Jul 09 - Cached
  • Fargo's claims were barred by Daniels, 474 U.S. 327 , because the officer's conduct, at most, constituted mere negligence. We rejected that argument, holding that 'grossly negligent or reckless official conduct that infringes upon an interest protected by the Due Process Clause is actionable underS 1983.'
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