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Riverside County Homicide Coverup of Nye Frank
Uncovering Misconduct in Riverside County- up against a big blue wall
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Legal Theories Behind State Challenges to the Constitutionality of Title II of the ADA (and Section 504)
Below is a short guide to the legal arguments of the "states' rights"
opponents of Title II and Section 504. We discuss the arguments being made with
respect to (a) Congress' power to enforce the Fourteenth Amendment "through
appropriate legislation," granted in Section 5 of the Amendment, (b) its power
to regulate interstate commerce, and (c) its spending power. Note: while we
disagree with these arguments, we think you should be aware that they are
gaining ground in the federal courts.
Before we begin our guide, however, you need to be aware of a complication —
the Eleventh Amendment to the Constitution. The law regarding the Eleventh
Amendment is convoluted. Fortunately, you don't need to know much about it to
understand the arguments outlined here. It is useful to keep two features of
this law in mind: (1) generally, you can't sue a state for money damages, unless
you are suing under a civil rights statute that Congress enacted under Section 5
of the Fourteenth Amendment, but (2) generally, you can sue for an injunction
against a state official to stop the official's violation of a civil rights
statute, if the statute under which you are suing is within Congress' power to
enact.
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Lee Frank- Constitutional Rights violated by officials in Riverside County. Stalking, Elder Abuse, Homcide Cover up, Denied Victim rights and services. Who will enforce her rights? Any ideas and help welcome. Its brutal when you dont know how to fight the battle but I am hanging in there for Nye. He did not deserve to die such a tragic death- smothered and choked. A very painful death. Both rib cages broken.
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