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Nye Frank

racingnyefrank: METG Mechanic of the Year 1987 Nye Frank - 0 views

racingriverside.blogspot.com/...blog-post.html

Nye Frank race awards Fabricator

shared by Nye Frank on 31 Aug 09 - Cached
  • Nye Frank on 31 Aug 09
     
    * o + nny Thompson, Nye Frank Celebration of his racin... + Elder Home to care giver not family Riverside Coun... + Nye Frank Racing, Homicide of Elder Riverside Coun... + Elder Law Legislated + California law for Elders + Riverside County Civil Rights Denied to Elders + Solve a Problem : Upload failed (unable to convert... + + President-Elect Barack Obama in Chicago + Seniors Civil Rights in America -Martin Luther Kin... + Riverside County Ugly Politics + Riverside County Ugly Politics + Nye Frank + Riverside Coroner, Homicide with Natural Cause of ... + Riverside County DA chief Deputy sealed case for h... + Nye Frank Racing Autos + Race Car Fabricator, builder Nye Frank + Phil Reddish talking to sheriff and Prosecutor, Ny... + Nye Frank, Riverside County Homicide Cover up, is ... + Corruption in Riverside County, courts + Nye Frank, Riverside County Corruption + Riverside County Coroner Report, Rod Pachco, Sniff... + Micheal Jackson's type of Passion for Race Cars + Riverside County, Racing with Passion + Midwestern Mudslinging + Elder Homicide Closed behind Da closed doors, Corr... + Championship Off Road Racing - Intense Moments 200... + Riverside County ol boys club homicide cover up, d... o ► June (11) + Nye Frank Racing-Riverside County homicide cover u... + 27 year old Ty Reddish telling how attacked 68 yea... + 27 year old Ty Reddish telling how attacked 68 yea... + Nye Frank, Riverside County Elder Homicide Cover u...
Luis Mier

Steps to Get a Criminal Case Bail - 0 views

bit.ly/Ibail247ccb

criminal case criminal case bail bonds bail bonds

shared by Luis Mier on 19 Mar 15 - No Cached
  • Luis Mier on 19 Mar 15
     
    The criminal law procedure is at times bewildering, complicated to understand, and often can be confusing to people not familiar with the aspects of criminal law.
Nye Frank

land trust law Riverside County Water Board taking land from elders - 0 views

www.diigo.com/...draft_link_forward

Nye Frank Racing Riverside County water Board

shared by Nye Frank on 16 Aug 10 - Cached
  • All my mutual friends My mutual friends or emails No one. Just a note
  • Nye Frank on 16 Aug 10
     
    New York times called it the Probate Homicides Homicide Cover up of Nye Frank and continued stalking of Lee Frank Forestry -Federal Employees working part time with color of the law
Nye Frank

Indexes 7th amendment Constitution, Jury Trial - 0 views

press-pubs.uchicago.edu/...indexes.html

law Constitution

shared by Nye Frank on 26 Feb 10 - Cached
  • Nye Frank on 26 Feb 10
     
    Law
Nye Frank

In addition to the rights and services generally available to all crime victims by stat... - 0 views

74.125.155.132/search

prosecutor misconduct

shared by Nye Frank on 17 Mar 10 - Cached
  • Nye Frank on 17 Mar 10
     
    In addition to the rights and services generally available to all crime victims by statute, legislators at both the federal and state levels have enacted laws that provide special protections and privileges to elderly victims of crime. Much of this legislation simply modifies or extends existing general victims' rights legislation to address the special needs of older victims.
Nye Frank

$375,000 SETTLEMENT IN ELDER ABUSE/NEGLECT CASE - Experienced San Francisco Personal In... - 0 views

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elder abuse neglect statutory law

shared by Nye Frank on 18 Mar 10 - Cached
  • Nye Frank on 18 Mar 10
     
    Welfare & Institutions Code § 15657 provides: "Where it is proven by clear and convincing evidence that a defendant is liable for . . . neglect as defined in Section 15610.57, . . . and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, in addition to all of the remedies otherwise provided by law: (a) the court shall award to the plaintiff reasonable attorneys' fees and costs. . . . (b) the limitations imposed by Section 337.34 of the Code of Civil Procedure on the damages recoverable shall not apply . . . (c) the standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys' fees permitted under this section may be imposed against an employer". Welfare & Institutions Code § 15610.57 defines "neglect" as the negligent failure of any person having care or custody of an elder to exercise that degree of care that a reasonable person in a like position would exercise, and includes the "failure to protect from health and safety hazard". Civil Code § 3294(b) provides that an employer shall not be liable for punitive damages based upon acts of an employee unless the employer had advanced knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others, or authorized or ratified the employee's wrongful conduct, or was personally guilty of oppression, fraud or malice. With respect to a corporate employer, the authorization or ratification of an act of recklessness, oppression, fraud or malice must be on the part of an officer, director or managing agent of the corporation.
Nye Frank

Elder Abuse Law - 0 views

www.csudh.edu/...elderabubk01.htm

elder abuse lawsuit

shared by Nye Frank on 10 Oct 09 - Cached
  • Nye Frank on 10 Oct 09
     
    Backup of article on elder abuse law, as discussed on Dear Habermas.
Nye Frank

FindLaw | Cases and Codes - 0 views

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

1983 indifference minimum in standard case

shared by Nye Frank on 29 Jul 09 - Cached
  • 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

LADA Hate Crimes Section - 0 views

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

hate crimes law

shared by Nye Frank on 24 Apr 09 - Cached
  • Nye Frank on 24 Apr 09
     
    Law, Tort, Administrative,
  • Nye Frank on 24 Apr 09
     
    Law, Tort, Administrative, Hate Crimes, Corruption, Sheriff,
Nye Frank

evidence-character - 0 views

74.6.146.127/...cache

victim appellate court summaries self defense evidence

shared by Nye Frank on 24 Nov 09 - Cached
  • Nye Frank on 24 Nov 09
     
    Character" for purposes of evidence means a person's propensity to engage or not to engage in certain types of behavior. A person may have a character for truthfulness or untruthfulness, peaceableness or violence, recklessness or care, lawfulness or unlawfulness. The purpose for which character evidence is being offered must be identified to determine it's admissibility. Possible uses:
  • Nye Frank on 24 Nov 09
     
    Character" for purposes of evidence means a person's propensity to engage or not to engage in certain types of behavior. A person may have a character for truthfulness or untruthfulness, peaceableness or violence, recklessness or care, lawfulness or unlawfulness. The purpose for which character evidence is being offered must be identified to determine it's admissibility. Possible uses:
Nye Frank

Riverside County Homicide Coverup of Nye Frank - 0 views

nyefrank.typepad.com

Riverside County supervisors corruption elder homicide

shared by Nye Frank on 05 Jul 10 - Cached
  • Nye Frank on 05 Jul 10
     
    Legal Council notified of attorney stating false statement of fact into court in homicide of Nye Frank
  • ...1 more comment...
  • Nye Frank on 05 Jul 10
     
    There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1KTay-Fv2EJ:www.answers.com/topic/criminal-law+legislative+homicide+cover+up+equal+to+criminal+conduct+chargeable&cd=3&hl=en&ct=clnk&gl=us
  • Nye Frank on 05 Jul 10
     
    http://www.diigo.com/search?what=you+tube+nye+frank+racing Stalking by the killer and his parents against a elder and her family is ok for Riverside County Sheriff an DA.This month Rod Pacheco will do a Victims march. In 2008 he got a award for a elder crime victim advocate program that he had Federal Funding for. Elder Lee Frank was told by County DA Victim Advocate there was not a elder advocate in RiversideCounty. But Rod Pacheco got a public award for his great program for elder advocate that year.
  • Nye Frank on 05 Jul 10
     
    http://www.diigo.com/search?what=you+tube+nye+frank+racing Stalking by the killer and his parents against a elder and her family is ok for Riverside County Sheriff an DA.This month Rod Pacheco will do a Victims march. In 2008 he got a award for a elder crime victim advocate program that he had Federal Funding for. Elder Lee Frank was told by County DA Victim Advocate there was not a elder advocate in RiversideCounty. But Rod Pacheco got a public award for his great program for elder advocate that year.
Nye Frank

Windows Live space's Blog - Windows Live - 0 views

politicsinlandempire.spaces.live.com/?_c01_BlogPart=blogentry&_c=BlogPart

southern district victim space

shared by Nye Frank on 23 Jun 10 - Cached
  • Nye Frank on 23 Jun 10
     
    Crimes Causing Harm to Property Depending on the value of the property involved, as well as the level of violence, most property crimes fall into the category of felony in Texas. The legal definition of theft is unlawfully taking the property of another person with the intent to deprive the other person of the property. This definition is much broader than what most people think of as theft. It includes embezzlement, keeping found property without making a reasonable attempt to find its rightful owner, obtaining the services of another person or telecommunication services by fraud, shoplifting, unauthorized access to credit cards, and writing bad checks. Robbery is similar to theft; in fact, theft is a part of robbery. A person commits robbery if, during a theft, he or she intentionally, knowingly, or recklessly causes bodily injury to another person, threatens a person, or places another person in fear of immediate injury or death. Aggravated robbery, which is a felony of the first degree, is a robbery in which a person is seriously injured or in which the defendant uses a deadly weapon. If the robbery causes fear of immediate injury or death to a victim who is 65 years of age or older, or who has a mental, physical, or developmental disability, the crime also constitutes an aggravated robbery. Burglary is entering into a building, portion of a building, or habitation with the intent to commit theft or a felony there. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it is also burglary to enter with the intent to commit a felony such as arson or murder. White Collar Crimes http://www.weblocator.com/attorney/tx/law/c13.html#txc130500
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