Elder Justice Prosecutor Samples

Affirms: failure to maintain physical and mental elderly healthcare services; failure to ensure perpetual qualified elderly caregivers; placing elderly care facility residents in physical and mental distress (2010)

Affirms: neglect of older person; willful or wanton disregard for safety. Requests Court issue summons for group home owner-licensed administrator (2010)

Alleges housing facility's licensed administrator failed to: ensure residents received services and supervision; ensure facility complied with health and safety standards; document, administer or secure residents' medications; provide or supervise trained caregivers; maintain accurate resident and staff records; prevent situations where vulnerable adults suffered physical or mental pain (2010)

Affirms: neglect of older person; involuntary manslaughter. Requests Court issue arrest warrant for group residential care facility manager (2005)

Alleges group health care owner left facility without authorized caregiver or protective services when fire occurred causing elderly resident's death (2005)

Affirms administrator maintained and operated group care residence without license and aware court orders enjoined against operating unlicensed facility (2005)

Alleges residence administrator: operated facility housing elderly adults without safety equipment or proper certification; left without providing an authorized caregiver or protective services; placed elderly residents subject to physical or mental suffering, abuse or neglect (2005)

Affirms defendants used deception, intimidation and influence to obtain, control, exploit and permanently deprive legally blind elder adult of money, assets and property (2004)

Alleges defendants deprived blind elderly adult of ownership, use, benefit and possession of money, assets, property and financial account (2004)

Affirms certified nurse assistant at long-term care facility struck and bruised elderly adult's legs and face (2003)

Alleges long-term care facility CNA willfully neglected to report striking legs and tossing pillow at face of elderly adult (2003)

Affirms abuse of older person. Requests Court issue arrest warrant for caretaker (2002)

Alleges long-term care facility CNA caused physical and mental suffering by striking and gagging elderly resident (2002)

Alleges Medicaid funded long-term care facility caregiver struck and abused elderly resident (2001)

Alleges LPN and paid companion treated pressure ulcer without physician's orders causing substantial bodily harm to elderly disabled adult (2001)

Affirms: abuse of older person; battery of person 65 years of age or older. Requests Court issue arrest warrant for caretaker (2001)

Alleges medical facility CNA struck and endangered disabled resident (2000)

Affirms registered nurse at Medicaid funded health services failed to provide proper assessment, feeding tube placement and documentation causing conditions related to elderly disabled adult's death (2000)

Alleges Medicaid funded health services RN's failure to chart feeding tube replacement deprived co-workers of accurate information and caused elderly disabled adult prolonged physical pain (2000)

Alleges CNA struck elderly vulnerable adult causing injury, pain and mental suffering (1999)

Alleges Medicaid funded convalescent and retirement center CNA committed abuse and neglect of older person by force feeding and by dragging elder adult's feet under wheelchair (1999)

Alleges medical facility RN and CNA used contraindicated manual towel lift, dropped patient in shower room and, with RN supervisor, failed to properly assess and diagnose patient's injuries for 24 to 36 hours resulting in abuse, neglect and exploitation of elderly vulnerable patient (1997)

Argues Court must reverse order, deny motion and reinstate complaint because: decision conflicts with applicable law; causation, foreseeability, negligence and suprevision are questions and issues of fact; actual or constructive notice is irrelevant; proof dangerous condition is open and obvious does not preclude failure to maintain safety

Argues Court must reverse sentence because: evidence failed to show defendant acted with culpable state of mind; jury instruction failed to include mens rea requirement

Argues Court must set aside ruling and direct New York City Housing Authority grant petitioner a lease because: household status was known and accepted; unclean hands was not established