Skip to main content

Elder Justice Initiative Home

Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
Displaying 426 - 450 of 1552
Petition for Emergency Order Pursuant to Iowa Code Section 235B.19; Emergency Order Authorizing Protective/Medical Services Under Iowa Code Section 235B.19; Confidential Social Security Number Form, , 5 pgs
Other Materials

Requests Court provide protective and medical services for dependent abused adult. Court finds: dependent abused adult provided with protective and medical services; police/EMS assist DHS; dependent adult appointed Attorney and Guardian ad litem; medical and financial exhibits under seal; submission of Social Security numbers only (2015)

Iowa Code §235B.19 and §235B.19(3) and §235B.19(3)(c ) and §235B.19(4) and §235B.19(5) and §235B.19(7) and §235B.2(4) and §235B.2(5) and §235B.3(9)(c ) and §22.7

Iowa
Petition for Order to Evaluate, to Enter into the Residence, and to Examine a Dependent Adult Pursuant to Iowa Code Section 235B.3; Emergency Order Authorizing Evaluation, Entry into the Residence, and Examination of a Dependent Adult Pursuant to..., , 5 pgs
Criminal Case Materials

Requests Court authorize and allow DHS to evaluate, enter into residence of and to examine abused dependent adult. Court finds: DHS authorized to evaluate, enter into residence of and to examine dependent adult; form for submission of social security numbers only (2015)

Iowa Code §235B.3 and §235B.3(7) and §235B.2(5)

Iowa
Memorandum of Law in Support of Defendant's Motion for Summary Judgment, , 12 pgs
Trial Pleadings

Recommends Court dismiss plaintiff's claims because: defendant failed to use legal process; defendant neither instigated nor procured prosecution; defendant had no duty to disclose information to plaintiff; plaintiff is not real party in interest

Iowa R.Civ.P. 1.981(3) and Iowa Code §708.7

Iowa
Defendant's Motion for Directed Verdict, , 6 pgs
Trial Pleadings

Requests Court direct verdict in defendant's favor on punitive damages issue because there is insufficient evidence for a jury to determine defendant discharged plaintiff in willful and wanton disregard for workers' compensation rights

Iowa Code §668A.1

Iowa
Appellant's Final Reply Brief, , 5 pgs
Other Materials

Argues Court must reverse district court's ruling on summary judgment motion because: issue preclusion does not apply; city's judicial estoppel argument was not raised

Iowa Code §804.7

Iowa
Appellant's Final Brief, , 12 pgs
Other Materials

Argues Court must reverse district court's summary judgment ruling because issue preclusion does not apply

Iowa Code §6704 and §804.7 and Iowa R.App.P. 6.1101(2) and 6.103

Iowa
Memorandum of Authorities in Support of Defendant Fidelity Bank & Trust's Motion for Summary Judgment, , 16 pgs
Trial Pleadings

Recommends judgment on claims against defendants because: written instructions to change beneficiaries are not required; there is no issue of material fact related to self-dealing; a financial institution does not owe third party beneficiaries duty of care; common law negligence and breach of contract claims fail; there is no evidence all elements of torts are satisfied

Iowa R.Civ.P. 1.981 and 1.981(5) and Iowa Code §633.279 and §524.805 and §524.805(8) and §554.3104(1) and §554.3108

Iowa
Defendants' Trial Brief, , 5 pgs
Other Materials

Argues Court must deny cause of action because: plaintiff was not fired for alleged dependent adult abuse report; plaintiff was discharged for unscheduled absences during probationary period

(Intentionally Left Blank)

Iowa
Emergency Order Authorizing Protective Services Under Iowa Code Section 235B.18 (Final 60 Day Hearing), , 3 pgs
Criminal Case Materials

Court finds: DHS authorized to examine medical and financial records, exchange information with professionals, family, guardians/conservators for dependent adult; police/EMS authorized to assist DHS; order expires in 60 days unless hearing scheduled to review Guardian petition; review hearing on schedule; medical and financial exhibits filed under seal (2013)

Iowa Code §235B.18 and §235B.18(3) and §633.552 and §22.7

Iowa
Plaintiffs' Brief in Support of Resistance to Defendant Chensvold and Diversacare's Motion for Summary Judgment, , 10 pgs
Other Materials

Argues Court must deny judgment because: motion is premature; plaintiffs need time to conduct discovery; there are material fact issues for punitive damages, fraud and negligence

Iowa Code §668A and Iowa R.Civ.P. 1.981(2)

Iowa
Amended Petition At Law, , 21 pgs
Trial Pleadings

Alleges: Count 1 - Corporate Negligence; Count 2 - Negligence by T. Minnis; Count 3 - Negligence of D. Chensvold, T. Wagg, and A. Tressel; Count 4 - Negligence by Danville Care Center; Count 5 - Negligence of S. Wingate; Count 6 - Negligence of L. Hampton; Count 7 - Negligence of N. Bernand; Count 8 - Negligence of D. Whitaker; Count 9 - Negligence of M. Belzer; Count 10 - Negligence of Healthcare of Iowa; Count 11 - Negligence of Millennium Rehab & Great River Therapeutics; Count 12 - Negligence of Diversacare; Count 13 - Breach of Fiduciary Duty; Count 14 - Fraud; Count 15 - Negligent Misrepresentation; Count 16 - Breach of Contract by Danville Care Center; Count 17 - Premises Liability; Count 18 - Loss of Consortium; Count 19 - Punitive Damages; Count 20 - Civil Conspiracy

Iowa Code §235B.2(1), (4), (5)

Iowa
Plaintiff's Resistance to Defendant's Motion for Judgment Notwithstanding the Verdict with Authorities, , 10 pgs
Trial Pleadings

Requests Court deny motion because: reasonable minds drew different inferences from facts; plaintiff's activity was reason for discharge; plaintiff relied upon circumstantial evidence

Iowa R.App.P. 14(f)(2),(f)(16), (f)(17) and Iowa Admin. Code §875-9.9(1), (3)

Iowa
Emergency Order Authorizing Protective Services Under Iowa Code Section 235B.18 (Final 60 Day Hearing), , 2 pgs
Criminal Case Materials

Court finds: DHS authorized to examine medical and financial records, exchange information with professionals, family, guardians/conservators for dependent adult; police/EMS authorized to assist DHS; review hearing on schedule; medical and financial exhibits filed under seal (2010)

Iowa Code §235B.18 and §235B.18(3) and §235B.19(3)(c ) and §22.7

Iowa
Application for Fourteen Day Extension of Emergency Order Pursuant to Iowa Code Section 235B.18 and 235B.19; Order for Fourteen Day Extension of Emergency Order Pursuant to Iowa Code Section 235B.18 and 235B.19
, , 4 pgs
Civil Case Pleadings & Materials

Requests Court: renew and extend Emergency Order and Renewal Order for an additional fourteen days; find all medical and financial exhibits entered with petition filed under seal (2010)

Iowa Code §235B.18 and §235B.18(2) and §235B.19 and §235.B19(3) and §235B.19(3)(c ) and §235B.19(4) and §235B.2(5) and §22.7

Iowa
Petition for Emergency Order and for Order Enjoining Third Parties Pursuant to Iowa Code section 235B-19; Emergency Order Authorizing Protective/Medical Services Under Iowa Code Section 235B-19; Order Enjoining Third Parties Pursuant to Iowa Code..., 9 pgs
6

Requests Court: provide protective and medical services for dependent abused adult; freeze dependent adult's financial accounts; enjoin perpetrators. Court finds: dependent abused adult provided with protective and medical services; police/EMS assist DHS; dependent adult appointed Attorney and Guardian ad litem; medical and financial exhibits under seal. Court enjoins perpetrators: withdrawing funds; negotiating instruments; selling property; exercising powers or engaging in act related to dependent adult; having contact with dependent adult's person or property or arranging for third parties to act on their behalf without Court's authorization; all accounts in dependent adult's name frozen (2015)

Iowa Code §235B.19 and §235B.19(3) and §235B.19(3)(c ) and §235B.19(4) and §235B.19(5) and §235B.19(7) and §235B.19(7)(a) and §235B.2(4) and §235B.2(5) and §235B.3(9)(c ) and §22.7 and Iowa Code Chapter 665

Iowa
Petition for Order to Evaluation and Access Financial Records Pursuant to Iowa Code Section 235B.3; Emergency Order Authorizing Evaluation and Examination of Financial Records Pursuant to Iowa Code Section 235B.7; Confidential Social Security Number..., 4 pgs
6

Requests Court authorize evaluation and examination of abused dependent adult's financial records. Court authorizes: DHS to evaluate and access dependent adult's financial records; form for submission of Social Security numbers only (2015)

Iowa Code §235B.3 and §235B.2(4) and §235B.2(5) and §235B.3(7)

Iowa
Appellant's Brief on Appeal, , 18 pgs
Other Materials

Argues Court must reverse district court's decisions and remand because: district court's decisions are erroneous; final judgment fails to adjudicate all parties' claims; final judgment prejudices plaintiff; district court fails to properly render a decree of partition

Idaho Code Ann. §6-501 and §6-401 and §6-507 and Idaho R.Civ.P. 11(a)(2)(B) and 15(a)(b) and 54(a) and 59(e)

Idaho
Respondent's Brief - Life Care Centers of America, Inc., d/b/a Life Care of Lewiston, a Tennessee Corporation, , 15 pgs
Other Materials

Argues Court must affirm district court order because: defendant complied with summary judgment standards and burden of proof; district court acted within its discretion determining affidavits were inadmissible; summary judgment denial is not appealable

Idaho Code Ann. §6-1012 and §6-1013 and §12-121 and Idaho R.Civ.P. 56

Idaho
Opening Brief of Appellant, , 21 pgs
Other Materials

Argues Court must reverse and remand matter with instructions to remove from petitioner's record findings of an intentional program violation because Idaho Department of Health and Welfare failed to sustain case for food stamp program disqualification

Idaho Code Ann. §15-6-103 and §67-5270 and §67-5271 and §67-5279(1) and §5-6-193(a) and Idaho Admin. Code 16.03.04.103 and 16.03.04.011.01 and 16.03.04.122 and 16.03.04.125 and 16.03.04.148 and 16.03.04.182 and 16.03.04.155 and 16.03.04.156 and 16.03.04.216 and 16.03.04.216 and 16.03.04.227 and 16.03.04.300 and 16.03.04.314 and 16.03.04.405 and 16.03.04.675.01.02(a)(b)(c )(d)(e) and 16.03.04.701

Idaho
Reply Brief of Appellant, , 12 pgs
Other Materials

Because appellant did not have an income and money going into U.S. Bank Senior Silver Elite was not appellant's, argues Court must: reverse memorandum, decision and order indicating appellant committed an intentional program violation; change violation to an inadvertent household error; expunge all records; reverse memorandum, decision and order

Idaho Code Ann. §15-6-103 and §67-5279(1) and Idaho Admin. Code 16.03.04.103 and 16.03.04.405.10 and 16.03.04.675.01.02.(a)(b)(c )(d)(e) and 03

Idaho
Appellant's Reply Brief, , 7 pgs
Other Materials

Argues Court must affirm summary judgement with instructions permitting plaintiff to introduce Idaho Food Code's prohibitaton against dogs in stores because whether the injury was foreseeable is a material fact issue

(Intentionally Left Blank)

Idaho
Complaint, , 18 pgs
Criminal Case Materials

Alleges: medical, mental and physical abuse; failure to train, supervise and discipline; elder abuse; failure to provide medical care (2014)

§18.13. Complaint in federal court; violation of civil rights and Americans with Disabilities Act of 1990

Idaho
Appellant's Brief - Gene L. Mattox, Individually and as Personal Representative of the Estate of Rosamond Vivian Mattox, , 20 pgs
Other Materials

Because district court erred in stiking affidavits and not shifting burden on summary judgment to plaintiff, argues Court must: reverse district court's striking affidavits; reverse district court's granting summary judgment in defendant's favor; grant summary judgment in plaintiff's favor; remand for damages

Idaho Code Ann. §6-1012 and §6-1013 and §6-1013(a), (b), (c) and Idaho R.Civ.P. 56 and 56(c) and 56(e)

Idaho
Reply Brief of Appellant, , 8 pgs
Other Materials

Argues Court must either hold further proceedings because district court did not inquire into request for new court appointed counsel or vacate conviction and sentence and restore trial rights because distinction between capital and non-capital cases is specious or vacate sentence and remand matter to district court because shooting was attempt to stop a fight not injure a person (2012)

Idaho Criminal Rule 35

Idaho
Brief of Respondent/ Cross-Appellant, , 32 pgs
Other Materials

Argues Court must affirm order granting summary judgment in defendant's favor or, in the alternative, modify existing Idaho case law and apply that modified law to facts meriting dismissal or sanction because plaintiff breached its duty to preserve evidence

Idaho Code Ann. §6-1405 and §6-802 and Idaho R.Civ.P. 37(b) and 56

Idaho
Each document is provided solely for informational purposes, and including any particular document here should not be construed as an endorsement by the United States Department of Justice (USDOJ). The copyrights, if any, to the content contained within the documents are held by the respective copyright owners of such content, not USDOJ. These documents should not be construed as giving permission to distribute or otherwise reproduce the content other than as properly authorized by the owner. Thomson Reuters has granted permission to reproduce materials, as obtained from Westlaw, for information use on this site. The documents contained in the database are not guaranteed to be legally current and/or accurate.