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 551 - 575 of 1552
Brief of Appellants Octavia Burton, et al., , 26 pgs
Other Materials

Argues Court must reverse trial court's decision and remand because: trial court received hearsay evidence; trial court ignored requirement for independent advice; trail court admitted spoliated evidence

Kan.Stat.Ann. §60-460 and §60-261

Kansas
Brief of Appellee, , 10 pgs
Other Materials

Argues Court must affirm district court's verdict because: evidence supported conviction; evidence supported mistreatment of dependent adult; court did not err not limiting jury instruction; instructing jury only to determine guilt was not an error; prosecutor did not commit misconduct; using criminal history did not violate defendant's right to jury trial

Kan.Stat.Ann. §21-3437 and §60-455 and §21-3437(a)(2)

Kansas
Petition, , 5 pgs
Trial Pleadings

Requests Court enjoin defendant from engaging in unlawful employment practices due to wrongful termination and termination against public policy in retaliation for plaintiff's reporting suspected elder abuse, neglect and exploitation (2008)

Kan. Stat. Ann. §60-604 and §39-1431 and §39-1430 et seq. and §39-1432 and §60-238

Kansas
Petition, , 3 pgs
Trial Pleadings

Requests Court grant 67 year old woman excess sum, costs and attorneys' fees for negligence, negligent infliction of emotional distress, false imprisonment and false arrest (2008)

Kan. Stat. Ann. §60-603 and §12-105b and §60-238

Kansas
Reply Brief for Appellant, the Council On Developmental Disabilities, Inc., , 6 pgs
Other Materials

Argues Court must reverse circuit court's dismissal and remand with instructions to enter judgment for council to receive all responsive documents because cabinet's confidentiality arguments were procedurally improper and legally flawed

Ky.Rev.Stat.Ann. §209.140(3) and §61.871 and §61.878 and §209.140 and §61.878(1)(a), (1)(h), (4) and §209.030(12)(b), (7) and §209.020(15) and §209.140(3) and Ky.R.Evid. 201(b)(1), (b)(2)

Kentucky
Briief for Appellee, Cabinet for Health and Family Services, , 25 pgs
Other Materials

Argues Court must affirm judgment because: requested information is shielded from public disclosure; Adult Protection Act allows Cabinet disclosure discretion; Adult Protection Act shields information derived from investigations of alleged adult abuse, neglect, or exploitation; categorically redacted medical records and law enforcement information complies with Council's request; Cabinet is not an agency

Ky.Rev.Stat.Ann. §61.878(1)(a), (k), (l) and §209.020 and §620.050 and §620.050(12) and §209.140(3), (2) and §209.050 and §209.020(4), (15), (17) and §209.990 and §209.030(2), (5), (1), (6), (7), (12), (6)(a), (6)(b) and §209.140 and §209.030 and §209.010(1)(c ) and §194A.060 and §194A.060(1) and §446.080(1) and §61.600 and §209.180 and §61.882(3) and §61.871 and §61.870 and §61.884 and §61.878 and §61.870(2)

Kentucky
Brief of Appellant, , 19 pgs
Other Materials

Argues Court must remand with directions for oral argument because: plaintiff has made a statutory cause of action; applicable statute of limitations is five years; Kentucky's Long Term Care Facility Residents' Rights statute sets a cause of action for vindication; statute extends to more than facility license holders

Ky.Rev.Stat.Ann. §216.515 and §413.120 and §413.140 and §413.120(2), (7) and §413.140(1) and §342.197 and §216.532 and §216.533 and §216.520 and §216.537 and §235.300 and §258.275 and §411.140

Kentucky
Brief for Appellant, Kentucky Spirit Health Plan, Inc., , 13 pgs
Other Materials

Argues Court must reverse circuit court's ruling because Commonwealth improperly diverted Medicaid funds for services outside Kentucky Medicaid regulations, State Plan, and MCO Contract

Ky.Rev.Stat.Ann. §45A.245 and §13A.130 and §205.560(1) and §205.510 and §314.011(6) and §311.550(10)

Kentucky
Brief for the Appellees/Cross-Appellants, , 22 pgs
Other Materials

Argues Court must affirm circuit court's decision and reverse its standard of review because MCO Contract, State Plan and Medicaid regulatrions place no locational restriction on preventive health services

Ky.Rev.Stat.Ann. §13B.150 and §45A.280 and §314.011(6) and §205.560 and §13B.020 and §45A.225

Kentucky
Brief for Commonwealth, , 18 pgs
Other Materials

Argues Court must reverse Court of Appeals and affirm conviction because: Court of Appeals has stripped Attorney General's authority to conduct investigations into internet scams, elder abuse and cyber-crimes; General Assembly has not limited Attorney General's inherent authority; it is improper for Court of Appeals to remand for another hearing

Ky.Rev.Stat.Ann. §218A.1414 and §218A.500 and §15.190 and §15.210 and §218A.240(1) and §15.150 and §446.010 and §500.120 and §218A and §15.010(2) and §15.200 and §218A.240 and §15.700 and §218A.1412(1) and §437.007(1) and §15.020 and §281.765 and §189.520(2) and §15.725(1) and §69.010 and §15.200(1) and §15.700 and §218A.220

Kentucky
Brief for Appellant, Estate of Mabel C. Moloney, , 11 pgs
Other Materials

Argues Court must reverse trial court's judgment and remand with instructions or, in the alternative, grant a new trial because: trail court erred not entering a directed judgment; trail court erred not directing verdict damages; trail court erroneously instructed jury; trail court erred permitting jury to consider matters not at issue

Ky.Rev.Stat.Ann. §524.130 and §411.182 and §403

Kentucky
Plaintiff's Memorandum of Law and Fact, , 7 pgs
Other Materials

Recommends Court consider as foreseeable legal and factual issues: negligence, gross negligence, wantonness, abuse, caretaker neglect, injury concealment, rights and safety indifference, failure to report injury, inadequate staff training, improper patient care, punitive damages, wrongful conduct punishment, breach of long term residents' rights statute, breach of facility duties, breach of long term care facility regulations, failure to take corrective action for verified violation

Ky.Rev.Stat.Ann. §216.515(6), (18), (19), (22) and §209.010 and §209.020 and §209.030

Kentucky
Brief for Movant, , 21 pgs
Other Materials

Argues Court must review Court of Appeals' opinion because: circuit court lacks jurisdiction; arbitration is unenforceable; Court of Appeals substitutes its judgment for that of trial court; Arbitration Agreement terms are illusory; Arbitration Agreement breach's fiduciary obligation; beneficiaries cannot be bound by Arbitration Agreement

Ky.Rev.Stat.Ann. §411.140 and §411.130 and §216.515 and §417.200 and §386.093 and §389A.010 and §387.670 and §387.710 and §395.001 and §387.500 and §387.660

Kentucky
Brief on Behalf of Amicus Curiae, Kentucky Justice Association, , 10 pgs
Other Materials

Argues Court must reverse Court of Appeals because: Agreement requires arbitration by National Arbitration Forum; executrix lacked authority to waive rights; as applied to injury and wrongful death claims, Arbitration Agreement is contrary to public policy

Ky.Rev.Stat.Ann. §216.515 and §216.515(6), (26) and §387.660(4) and §387.700(1) and §387.500(2) and §411.130

Kentucky
Brief of Appellees, , 14 pgs
Other Materials

Argues Court must affirm circuit court's order or, in rthe alternative, remand with instructions for arbitration issue discovery because: plaintiffs failed to provide valid arbitration agreement; guardianship authority was non-delegable; incapacitated adult's parents lacked authority to grant agency power; power-of-attorney did not include contracts not intrinsic to admissions; apparent authority failed as actual authority

Ky.Rev.Stat.Ann. §387.500 and §405.020 and §386.093 and §387 and §216.510 et seq.

Kentucky
Brief of Appellee, Butler Rest Home, Inc. d/b/a/ River Valley Nursing Home, , 7 pgs
Other Materials

Argues Court must affirm judgment because: neither circuit court nor cabinet violated regulations; court correctly determined patient denying Medicaid benefits cannot continue to reside in nursing home without payment; court correctly determined nursing home provided preparation and orientation for discharge

Ky.Rev.Stat.Ann. §13B.150 and §13B.040(2) and §216.515(4)

Kentucky
Brief of Appellant, , 9 pgs
Other Materials

Argues Court must reverse decisions and order nursing home not to discharge resident because: no notice of discharge can be issued until Medicaid issues final order; no notice of discharge can be issued until nursing home determines discharge location; notice of discharge must be delivered to nursing home resident

(Intentionally Left Blank)

Kentucky
Brief of Appellant, , 15 pgs
Other Materials

Argues Court must set aside conviction without remand and without evidentiary hearing because: due process was violated; overt guilty plea was involuntary; charges of elder exploitation, theft and criminal neglect were materially false; plaintiff received ineffective assistance of counsel

Ky.Rev.Stat.Ann. §209.990(5) 1,5 and §209.020(9) 1 and §209.020(16) 1,5 and §209.990(2) 5

Kentucky
Brief of Appellant, , 14 pgs
Other Materials

Argues Court must set aside criminal conviction and judgment because: nine of twelve counts repeat third count; plaintiff was never validly charged with elder abuse/neglect, exploitation and theft offenses; theories behind prosecution were invalid; circuit court denied evidentiary hearing

Ky.Rev.Stat.Ann. §209.990(2), (5) and §514.030 and §209.020(9), (16), (4) and §501.030

Kentucky
Appellee/Cross-Appellant's Reply Brief, , 3 pgs
Other Materials

Argues Court must remand because: trail court failed to direct verdict in defendant's favor; all material elements were conceded or proven; trial court excluded concept of manufacturer's suggested retail price

(Intentionally Left Blank)

Kentucky
Reply Brief of Appellant, , 3 pgs
Other Materials

Argues Court must vacate convictions and sentence and remand or, in the alternative, grant appropriate relief because: detective's testimony was inadmissible; adult exploitation evidence was insufficient; defendant was unable to confront witness

Ky.R.Evid. 701 and 702 and 103(e) and Ky.Rev.Stat.Ann. §209.020(4)

Kentucky
Appellee Brief, , 14 pgs
Other Materials

Argues Court must affirm court of appeal's opinion because: contract could not be founded on assignment or conveyance of expected inheritance; offer was insufficient to form binding contract; agreement violated frauds statute; trial court's jury instructions were erroneous

Ky.Rev.Stat.Ann. §371.010 and §24A.120 and §394.610 and 394.630 and §394.620 and §396.011(1)

Kentucky
Brief for the Appellees, , 7 pgs
Other Materials

Argues Court must affirm trial court's judgment because: trial court did not commit reversible error or abuse discretion; plaintiff failed to pay decedent's debts with annuity funds; plaintiff's retention of annuity funds was contrary to decedent's intent

Ky.R.Civ.P. 52.01 and 8.01 et seq.

Kentucky
Plaintiff's Response to Defendants' Motion for Summary Judgment On Plaintiff's Claim for Punitive Damages or, in the Alternative, to Bifurcate the Punitive Damages Claim, , 6 pgs
Trial Pleadings

Requests Court deny summary judgement and alternative motion because: motions are premature; discovery is ongoing; issues of material fact as to punitive damages remain

Ky.Rev.Stat.Ann. §411.184(2)

Kentucky
Second Amended Complaint, , 16 pgs
Trial Pleadings

Alleges: negligence, medical negligence, corporate negligence and violations of long term care resident's rights against nursing home defendants; negligence against Karen Langston, as administrator; wrongful death, loss of spousal consortium and damages against all defendants

Ky.Rev.Stat.Ann. §411.140 and §411.130 and §446.070 and §209.005 and §530.080 et.seq. and §216.510 et seq. and §216.515(26) and §216A.010 et seq. and Chapters 216, 216A, 13A

Kentucky
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.