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29 Jul 09

FindLaw | Cases and Codes

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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 or neglect. Additionally, some states have speci

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uscs 1983 and wrongful death under california state law

  • 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
  • The district court granted summary judgment in favor of all defendants on the S 1983 claims. The court also granted summary judgment in favor of Smith as to the state causes of action. The court denied summary judgment as to the pendent state law causes of action against the County and the Sheriff's department, dismissing those claims without prejudice. The district court's decisions are summarized below.
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28 Jul 09

seniors and the law

http://calbar.ca.gov/calbar/pdfs/publications/Seniors-and-the-Law.pdf

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seniors and the law

  • What is elder abuse?



    It is the neglect, exploitation or “painful or harmful” mistr eatment

    of anyone who is 65 or older (or who falls under the legal definition

    of a “dependent” adult aged 18-64). It might be physical violence,

    psychological abuse, isolation or a caregiver’s neglect. It could be

    identity theft (see Avoiding Consumer Scams), or the theft or embezzle-

    ment of a senior’s property. (PC § 368; WIC §§ 15610.23, 15610.27)

    In short, elder abuse involves various crimes, such as theft, that can

    strike younger victims as well. However, criminals face stiffer penalties

    when their victims are 65 years old or older
01 May 09

statement of basis and purpose

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Statement of Basis and PurposeOct 23, 2008 ... Statement of Basis and Purpose. 43 FR 33450 (July 31, 1978); 48 FR 34427 (July 29, 1983); 52 FR 7066 (March 6, 1987); 52 FR 20058 (May 29, ...
www.ftc.gov/bc/hsr/basispurp.shtm

[PDF] Statement of Basis and PurposeFile Format: PDF/Adobe Acrobat - View as HTML
Statement of Basis and Purpose. Rules Governing the Arkansas River Water Bank Pilot Program. On June 5, 2001, Governor Bill Owens signed into law House Bill ...
water.state.co.us/pubs/rule_reg/arkriverbasis.pdf

[PDF] 16 CFR Part 316: Project No. R411008: Definitions and ...File Format: PDF/Adobe Acrobat - View as HTML
issues its Statement of Basis and Purpose and final Discretionary Rule (“final .... All cites to the Rule in this Statement of Basis and Purpose are to the ...
www.ftc.gov/os/2008/05/R411008frn.pdf

[PDF] Proposed Statement of Basis, Specific Statutory Authority, and ...File Format: PDF/Adobe Acrobat - View as HTML
statement of basis and purpose consistent with section 34-4-103(4), C.R.S., of the Administrative. Procedure Act. This statement is hereby incorporated by ...
oil-gas.state.co.us/RuleMaking/AppendicesRulemaking/Appendices-ProposedSBP-020209.pdf

[PDF] Statement of Basis and Purpose - Underground Injection Control ...File Format: PDF/Adobe Acrobat - View as HTML
STATEMENT OF BASIS AND PURPOSE. UNDERGROUND INJECTION CONTROL REGULATIONS. OFFICE OF DRINKING WATER. ENVIRONMENTAL PROTECTION AGENCY. June, 1979 ...
www.epa.gov/ogwdw000/uic/pdfs/rept_uic_statemt_basis_purpose_uic_1979.pdf

Fifth Power Plan: Statement of Basis and Purpose; and Response to ...It also serves as the "statement of basis and purpose" called for in Section 553 of the Federal Administrative Procedures Act to accompany agency decisions ...
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statement of basis and purpose

30 Apr 09

Search Results - Nebraska Code - Nebraska Law - Nebraska Statutes :: Justia

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us laws and code statutes cases

23 Apr 09

Radiation overexposure claims: fighting defense tactics creatively. | Trial | Find Articles at BNET

The victory of workers and former workers at the uranium refinery in Fernald, OH, in reaching a settlement in Day v. National Lead Co. of Ohio suggests tactics for similar lawsuits elsewhere. Based primarily on a theory of intentional tort but also on emotional distress and a fraud claim, the workers overcame the workers' compensation bar to tort claims and won compensation, medical monitoring for the rest of their lives, and guarantees the employer will not oppose future claims. Defense tactics are explored.

In July 1994, workers and former workers at the Fernald, Ohio, uranium refinery

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intentional tort emotional distress and fraud claim

  • The victory of workers and former workers at the uranium refinery in Fernald, OH, in reaching a settlement in Day v. National Lead Co. of Ohio suggests tactics for similar lawsuits elsewhere. Based primarily on a theory of intentional tort but also on emotional distress and a fraud claim, the workers overcame the workers' compensation bar to tort claims and won compensation, medical monitoring for the rest of their lives, and guarantees the employer will not oppose future claims. Defense tactics are explored.

    In July 1994, workers and former workers at the Fernald, Ohio, uranium refinery     - nyefrank on 2009-04-23
22 Apr 09

ACSBlog: The Blog of the American Constitution Society: Legal Scholars Contradict White House on Hate Crimes Bill

See, e.g., Akhil Reed Amar, Remember the Thirteenth, 10 Const.
Comm. 403, 405 (1993)(“slavery is a system of domination, degradation and
subordination ….”).

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See e.g. Akhil Reed Amar Remember the Thirteenth 10 Const. Comm. 403 405 (1993)(“slavery is a system of domination degradation and subordination ….”).

21 Apr 09

Mitchell Langbert's Blog: Golin v. Allenby : Judge J. Michael Byrne and the Twilight of Progressivism

Judge Breen, was appointed from another county to sit in Santa Clara, over the plaintiffs’ objections, and he has now recused himself, too, after a showing of prima facie bias and challenge for cause. As things stand, the parents are trying desperately to get the case transferred back out of Santa Clara County, because they are being denied due process there; there is no judge of the court to grant discovery motions, no judge to appoint a guardian ad litem, no judge for emergency ex parte motions, and the Court has closed ranks against the Golins. Theoretically, Judge Breen was supposed to be able to grant any motions himself, but he has not been available to do so and would only come to court on scheduled motions days, and refused to go through with the appointment of a guardian ad litem for Nancy.

http://209.85.173.132/search?q=cache:6v2Hp3J7lIkJ:mitchell-langbert.blogspot.com/2007/11/golin-v-allensby-judge-j-michael-byrnes.html+california+state+courts+tort+cases+on+elder+laws+and+due+process+denial+from+county&cd=5&hl=en&ct=clnk&gl=usattorney for 25 years, the decision represents a gross miscarriage of justice, because no one can now represent Nancy Golin except the state, which has abused her. The Golins are complaining of total denial of their Constitutional due process rights under the 5th and 14th Amendments for themselves but especially for Nancy. They argue that the state’s method for choosing appointed judges when no other judge in the court is available to act invites abuse by allowing the attorney general to very easily judge-shop for a compliant or corrupt judicial officer, dangerously thinning the firewall between the judicial and executive branches.

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discovery and trial defeat objections

  • they filed their objections to the lawsuit’s legal bases, the Golins filed
    oppositions that should under any standard defeat their objections and allow
    them to try their case, reaching discovery and trial.
  • attorney for 25 years, the decision represents a gross miscarriage of justice,
    because no one can now represent Nancy Golin except the state, which has abused her.
    The Golins are complaining of total denial of their
    Constitutional due process rights under the 5th
    and 14th Amendments for themselves but especially for Nancy. They argue that the
    state’s method for choosing appointed judges when no other judge in the court is
    available to act invites abuse by allowing the attorney general to very easily
    judge-shop for a compliant or corrupt judicial officer, dangerously thinning the
    firewall between the judicial and executive branches.
  • 1 more annotations...

National Crime Victims' Rights Week: Reach for the Stars

The passage of the Victims of Crime Act (VOCA) establishes the Crime Victims Fund, made up of federal criminal fines, penalties, and bond forfei­tures, to support state victim compensation and local victim service programs

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The passage of the Victims Crime Act (VOCA) establishes Fund made up federal criminal fines penalties and bond forfei­tures to support state victim compensation local service programs

  • NCVRW Resource Guides

Justice for abused foster children: suing state agencies as third parties under the Civil Rights Act can provide relief for children placed in harmful circumstances. | Goliath Business News

Since state
immunity laws
vary, and state
statutes
could allow other causes of action based on the failure
to adequately investigate
abuse
allegations, attorneys should research relevant state
and federal law
before deciding whether
to file a state
or
federal claim. Section 1983 claims require proving move than mere negligence to
establish liability; however, there are a number of advantages to pursuing a
federal suit

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state and federal lawsuits

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