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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.
Dawn, daughter of Nye Frank - race-dezert.com
Famous Race Car Builder Homicide Cover up in Riverside County by the officials, Ol Boys Club
The Rule of Law and “conflicts of interests” – Constitutionally Speaking
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
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Injustice, Constitutional Violations and Judicial Corruption By Indiana Judiciary
constitutional violations
It is no reflection on either the breadth of the United States Constitution or the importance of traditional tort law to say that they do not address the same concerns.4 Thus, while negligence claims against a police officer or the department may be recog
Conclusion
It seems critical that law enforcement agencies be capable of developing and implementing policies that are deemed necessary to fulfil their missions without being overly concerned that doing so will create increased risks of liability. When lawsuits are brought against police officers and their agencies under Title 42 U.S.C., Section 1983, alleging violations of federal constitutional rights, the cases suggest it is unlikely that violations of departmental policy will be considered relevant, although they may be deemed relevant in some negligence actions under state law. Accordingly, those who must assess the defensibility of such suits should not assume that violations of policy render the case indefensible
Legal Duties
It is no reflection on either the breadth of the United States Constitution or the importance of traditional tort law to say that they do not address the same concerns.4 Thus, while negligence claims against a police officer or the department may be recognized under state law, the Supreme Court has held that simple negligence-or lack of due care-is insufficient to establish the violation of a federal constitutional right. These distinctions between state tort claims and federal constitutional tort claims can have a bearing on the different ways the courts treat allegations of policy violations.
The basic formula for any lawsuit is 1) existence of a legal duty owed by one
party to another, 2) an alleged breach of that duty, and 3) injury or loss
resulting from that breach. Legal duties may arise in a variety of contexts, but
most generally are established by custom, statute, or constitutional law.
Whatever its source, a legal duty must be owed to the plaintiff by the named
defendant in order for a civil suit to be viable. That being the case, a
departmental policy must create a legal duty to a potential plaintiff before a
violation of that policy can create liability. In reality, whether a policy
violation is even relevant to the question of the legal liability of
- The Role of Policy Violations in Constitutional Rights Litigation When a federal constitutional challenge is made to a law enforcement officer's use of deadly force, the department's use-of-force policy often becomes an issue. Ironically, the relevance of the policy may be alleged in two seemingly contradictory ways. In suits brought against an officer under Title 42 United States Code, Section 1983, alleging the officer's use of force violated the Constitution, the plaintiff will frequently assert that the officer's violation of the department's policy is evidence of the constitutional violation. On the other hand, if plaintiffs desire to expand the scope of the suit to include the local government entity-i.e., the county or municipality-they may allege that the officer's unconstitutional behavior was caused by a policy, custom, or practice of the agency.5 In the latter instance, the plaintiff is asserting that it is compliance with the policy, not its violation, that caused the constitutional tort. - nyefrank on 2009-04-15
-
Add Sticky Note
Assuming internal police guidelines are relevant...they are relevant only
when one of their purposes is to protect the individual against whom force is
used....Both the guidelines at issue here and the context in which they appear
in the police manual show they were meant to safeguard the police and other
innocent parties, not the suspect....A violation of these guidelines might be
deserving of discipline, but it's irrelevant to [plaintiff's] case.16It is important to note here that the appellate court did not decide that
internal police guidelines are relevant in some instances; they only assumed
that they might be relevant in the narrow instance described-i.e., when the
policy was intended to safeguard the plaintiff.- The policy or procedural violations attributed to the officer by the plaintiff in this instance were viewed by the court as irrelevant in light of the narrow scope of the inquiry in excessive force claims under the federal Constitution. However, these alleged policy or procedural violations may be relevant in establishing liability for negligence under state law. - on 2009-04-15
constitutional right to victim funds, denied when administrative hearing - Google Search
California
Constitution
...
or denied equal protection of the laws, as
provided in Section 7.
.....
(5) Victims of crime have a
collectively shared right to expect that
....
extend the
right to be heard at a parole hearing to any person harmed by
the offender.
....
where ineligibility would result in a loss of federal
funds to the State.
...
www.leginfo.ca.gov/.const/.article_1 - 38k -
Cached
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CONTENTS
9 SEPTEMBER 1994 ADMINISTRATIVE LAW AND PROCEDURE 30
...
...
that a Bar applicant converted to his own use
funds received from the State of West
...
Webster, There was no
violation of defendant's constitutional right to a
....
a
capital resentencing hearing by asking witnesses about the
victim's
....
The trial court properly denied
defendants's oral motion for permission
...
www.ibiblio.org/pub/docs/nc-supreme-court/sep0994/contents -
31k -
Cached
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pages
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Proposition 9:
Criminal Justice System. Victims' Rights. Parole
...
Nov 4, 2008
...
LWV League of Women Voters of California
Education Fund
...
Reduces the number of parole
hearings to which prisoners are entitled.
...
Inmates with life
sentences who were denied parole would generally have to wait longer
.....
Give victims a constitutional right to prevent
release of their personal
...
www.smartvoter.org/2008/11/04/ca/state/prop/9/ - 42k -
Cached
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pages
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Message
from The Director New Directions from the Field: Victims
...
It is only the victims of crime who have no
constitutional right to
....
It found that many victims
were still being denied their rights,
......
Governmental and
private sector organizations also conduct administrative hearings when
an
...
Since its establishment in 1984, the Crime Victims Fund
has provided more
...
www.ovc.gov/new/directions/pdftxt/bulletins/bultn2.txt - 95k
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Cached
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Crime Victim Services (CVS) :: Constitution
STATEMENT OF DAVID L. VOTH
DIRECTOR, CRIME VICTIM
SERVICES, ALLEN & PUTNAM COUNTIES, OHIO
BOARD MEMBER, NATIONAL
VICTIMS CONSTITUTIONAL AMENDMENT NETWORK
BEFORE THE
CONSTITUTION SUBCOMMITTEE
COMMITTEE OF THE JUDICIARY
U.S. HOUSE OF
REPRESENTATIVES
MAY 9, 2002
IN
SUPPORT OF H. J. RES. 91, THE CRIME VICTIMS’ RIGHTS
AMENDMENT
TO THE
UNITED STATES CONSTITUTION
Mr. Chairman
and Members of the Committee, I am pleased to testify about my passionate desire
to see H.J.R. 91 enacted as the 28th Amendment to the United States
Constitution. I have been Director for 17 years of a non-profit crime victim
assistance program serving all types of victims with a Restorative Justice
philosophy, and I helped draft Ohio’s Victims Rights Law and Constitutional
Amendment. I am convinced that only a federal Victim Rights Amendment will cause
essential victim rights to be meaningful, permanent, consistent, and
accessible.
Victims rights must be meaningful.
When people
say they believe victims should have rights, but they don’t need to be listed in
the U.S. Constitution, I ask, “Which victim right is not important enough to
protect?”
Which victims’
rights should a government official have the power to grant or withhold when you
are raped? Should a government official be allowed to deny change of plea
schedule information to a grieving mother of a murdered child seeking justice
for the most traumatic and evil event in her life? Should the government be
allowed to disregard the safety of a domestic violence or stalking victim when
making release decisions, or to disregard the impact of months and years of
delays on a sexually assaulted child? Should a permanently disabled drunk
driving victim have a right to be heard no matter who the prosecutor is or in
which state the crime happened? Should restitution for victims be requested by
prosecutors and ordered by judges? For victims’ rights to be meaningful they
must be articulated in our Constitution
Supreme Law Library : Reference : White House Constitution : whuscons
AMENDMENT XIV.
Section 1. All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any
State deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
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