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Nye Frank

Subjective intent is irrelevant in a search and seizure case to determiningwhether gove... - 0 views

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prosecutor intent

shared by Nye Frank on 21 Aug 10 - Cached
  • Nye Frank on 21 Aug 10
     
    Subjective intent is irrelevant in a search and seizure case to determining whether governmental conduct violated a defendant’s Fourth Amendment rights and, therefore, has no bearing on the remedy granted in such a case.11 Similarly, violations of a defendant’s constitutional rights that do not involve a structural error in the proceedings require a harmless error analysis. If the government can show beyond a reasonable doubt that the violation did not contribute to the conviction, then the court may not grant a remedy despite the violation.12 Therefore, the Constitution does not provide a remedy to deter future prosecutorial misconduct, absent a finding of harm to the defendant
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

Home elder law - 0 views

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civil rights cal law 368

shared by Nye Frank on 21 Mar 10 - Cached
  • Nye Frank on 21 Mar 10
     
    Desktop 1Web Images Videos Maps News Shopping Gmail more ▼Books Finance Translate Scholar Blogs YouTube Calendar Photos Documents Reader Sites Groups even more » racingnyefrank@gmail.com | Web History | Settings ▼ | Sign outSearch settings Google Account settings Google Advanced Search WebHide optionsShow options... Results 1 - 10 of about 87,500 for PROCEDURAL REQUIREMENTSA. California Government CodeB. Federal Civil Rights Actions. (0.62 seconds) Search Options › All results Images Videos News Blogs Updates Books Discussions › Any time Latest Past 24 hours Past week Past year › Specific date range From: To: ex: 5/23/2004 › All results Social Nearby › All results Visited pages Not yet visited › Standard view Related searches Wonder wheel Timeline › Standard results Images from the page Fewer shopping sites More shopping sites Page previews Translated searchDid you mean: PROCEDURAL REQUIREMENTS. California Government Code. Federal Civil Rights Actions Search ResultsDisability Laws and Regulations | California Disability Access ...The Unruh Civil Rights Act provides protection from discrimination by all business ... based on disability include California Civil Codes Sections 54 through 55.2 .... action and prohibits employment discrimination by Federal government ... Section 508 established requirements for electronic and information ... www.disabilityaccessinfo.ca.gov/lawsregs.htm - Cached - Similar Federal Rules of Civil Procedure - Wikipedia, the free encyclopediaThe Federal Rules of Civil Procedure (FRCP) govern civil procedure (i.e. for civil ... In addition to notice pleading, a minority of states (e.g., California) use an ... Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain .... Chapter VI deals generally with the trial of civil actions, ... en.wikipedia.org/wiki/Federal_Rules_of_Civ
Nye Frank

Sherman Antitrust Act - Wikipedia, the free encyclopedia - 0 views

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sherman anti trust federal law

shared by Nye Frank on 07 Jul 10 - Cached
  • Nye Frank on 07 Jul 10
     
    Constitutional basis for legislation Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. [edit] Elements A Section 1 violation has three elements:[16] An agreement which unreasonably restrains competition and which affects interstate commerce.
  • Nye Frank on 07 Jul 10
     
    Constitutional basis for legislation Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. [edit] Elements A Section 1 violation has three elements:[16] An agreement which unreasonably restrains competition and which affects interstate commerce.
Nye Frank

Abuse of Procedural Rights: Comparative Standards of Procedural Fairness administrative... - 0 views

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procedural rights

shared by Nye Frank on 01 Apr 10 - Cached
  • Nye Frank on 01 Apr 10
     
    Admittedly, the quality of the justice system in most transitional contexts tends to be low, making resort to the courts on procedural fairness violations unlikely when the commission is still in operation. But this is beside the point. Truth commissions, no less than courts, should apply high standards of procedural fairness for their own sake. No one would suggest that fair trial standards are irrelevant because they are difficult to discharge. The same logic should apply to truth commissions.
  • Nye Frank on 01 Apr 10
     
    Admittedly, the quality of the justice system in most transitional contexts tends to be low, making resort to the courts on procedural fairness violations unlikely when the commission is still in operation. But this is beside the point. Truth commissions, no less than courts, should apply high standards of procedural fairness for their own sake. No one would suggest that fair trial standards are irrelevant because they are difficult to discharge. The same logic should apply to truth commissions.
Nye Frank

The Rule of Law and "conflicts of interests" - Constitutionally Speaking - 0 views

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DA Rod Pacheco Riverside Nye Frank Red county Constitution

shared by Nye Frank on 29 Sep 09 - Cached
  • Nye Frank on 29 Sep 09
     
    Very much the case here in Riverside County-Does the DA Victim advocate owe Fiduciary duty to the Victim or the DA We could not find a attorney when it came to the suing of the DA office for civil rights violations
Nye Frank

http://docs.google.com/viewer?a=v&q=cache:yBevb8P4IjIJ:www.legislature.mi.gov/documents... - 1 views

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crime victim

shared by Nye Frank on 19 Aug 10 - No Cached
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      Nye Frank on 19 Aug 10
       
      Contitutional Crime Victim Rights
Nye Frank

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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

CIV PRO OUTLINE - 0 views

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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

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

Carney & Sugai, LLP - Estate Planning Links - 0 views

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law links research

shared by Nye Frank on 18 Mar 10 - Cached
  • Nye Frank on 18 Mar 10
     
    RESTRAINING OR PROTECTIVE ORDER: AGGRESSOR AB 258, MA, CH. 92 PEN 836 Replaces the term "primary aggressor" with "dominant aggressor" in provisions establishing liability for arrest of parties in violation of mutual domestic violence protective orders.
Nye Frank

- California Legislation laws Elder Fraud - 0 views

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Fraud elder abuse

shared by Nye Frank on 18 Mar 10 - Cached
  • Nye Frank on 18 Mar 10
     
    RESTRAINING OR PROTECTIVE ORDER: AGGRESSOR AB 258, MA, CH. 92 PEN 836 Replaces the term "primary aggressor" with "dominant aggressor" in provisions establishing liability for arrest of parties in violation of mutual domestic violence protective orders.
Nye Frank

related:http://www.jaapl.org/cgi/content/full/35/4/537 - Google Search - 0 views

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ada legislation courts law Riverside County DA Rod Pacheco lee frank nye

shared by Nye Frank on 31 Aug 09 - Cached
  • Nye Frank on 31 Aug 09
     
    Lee Frank a 74 year old woman in Riverside County who witnessed her 68 year old husband killed by a 27 year old who seemed to be high on drugs or something. The young guys dad states his friend high up in da office told him how to get out of this. The 27 year old tells the sheriff on the video how he attacked Nye with judo moves. Ty Reddish was let out in 24 hours even though he was on probation and just killed someone. He and his parents stalked Lee Frank for 2 years now. Rod Pacheco knows Lee Frank cannot afford to enforce her rights. He has violated her rights with zero accountability. Please speak up for Lee Frank Riveriside County. Google Nye Frank Racing on You tube you can see pictures and audio, video.
Nye Frank

FindLaw | Cases and Codes - 0 views

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violation of rights to procedural due process sbustantive by investigation without probable cause misreprentation cacts falsify records perjury

shared by Nye Frank on 28 Jul 09 - Cached
  • . Plaintiffs also contend on appeal that the District Court erred by making credibility judgments in its summary judgment ruling. Specifically, they argue that the District Court should not have determined that the actions of Scheer were reasonable or made in good faith. We reject this argument summarily. As discussed above, plaintiffs proffered no evidence of acts by Scheer that rose to a level of arbitrariness that shocks the conscience and therefore failed to state the kind of deprivation that might rise to the level of a constitutional violation. in the District Court's construction of Scheer's behavior in this case
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      Nye Frank on 28 Jul 09
Nye Frank

colleges chhs centers courses expanded outline LEU site:www.csulb.edu - Google Search - 0 views

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health care admin county training hr supervisors

shared by Nye Frank on 07 Sep 10 - Cached
  • Nye Frank on 07 Sep 10
     
    "Search Results [PDF] 1 COLLEGE OF HEALTH AND HUMAN SERVICES California State University ... File Format: PDF/Adobe Acrobat - Quick View by D McGill - 2010 - Related articles Methods of Instruction: The course is taught through a combination of lectures and guest ... Report Outline should be your starting point. ..... Malotte, Center for Health Care. Innovation .... fourth edition includes 10 highlights of health statistics as well as data on an expanded set of over 70 key health ... www.csulb.edu/ colleges / chhs /departments/hca/docs/HCA422IEESp10.pdf [PDF] 1 COLLEGE OF HEALTH AND HUMAN SERVICES California State University ... File Format: PDF/Adobe Acrobat - Quick View by D McGill - 2009 - Related articles Expected Outcomes: The Foundation areas addressed by the course are Writing Proficiency1 and Critical ... 562-985-4959, via e-mail at helpdesk@csulb.edu or go in-person to Horn Center. ... Report Outline should be your starting point. ..... health statistics as well as data on an expanded set of over 70 key health ... www.csulb.edu/ colleges / chhs /departments/hca/docs/HCA422IF09EE.pdf [PDF] HEALTH CARE ADMINISTRATION File Format: PDF/Adobe Acrobat - Quick View csulb . edu / colleges / chhs / departments / hca /, or by contacting us at hca ... program offers foundation courses at the start of the program and more ..... research centers. The Health Care Administration Program is housed in the ... www.csulb.edu/ colleges / chhs /departments/hca/.../MSHCA_APPDF.pdf - Similar [DOC] STUDENTS' GUIDE TO GSWEC File Format: Microsoft Word - View as HTML s Nine Centers of Excellence in Geriatric Social Work Field Education: ..... The mission of the MPTF Center on Aging is to provide exemplary psychosocial ... www.csulb.edu/ colleges / chhs /.../GSWECGuide-2009FINAL210
  • Nye Frank on 07 Sep 10
     
    Elder Crime Victims, Federal Judge Percy Anderson conflict of interest in homicide cover up of elder, stalking crime victim of elder by state color of the law violations.
Nye Frank

Police Misconduct and Civil Rights - Learn About the Law - 0 views

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due process amendment misconduct

shared by Nye Frank on 24 Feb 10 - Cached
  • Nye Frank on 24 Feb 10
     
    "Civil Rights Laws and Police Misconduct A statute known as Section 1983 is the primary civil rights law victims of police misconduct rely upon. This law was originally passed as part of the Civil Rights Act of 1871, which was intended to curb oppressive conduct by government and private individuals participating in vigilante groups, such as the Ku Klux Klan. It is now called Section 1983 because that is where the law has been published, within Title 42, of the United States Code. Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or federal law. The most common claims brought against police officers are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force."
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