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 1501 - 1525 of 1552
Plaintiff's Response Contra Preliminary Objections to the Second Amended Complaint, , 7 pgs
Trial Pleadings

Requests Court overrule preliminary objection because: objection omits relevant facts; objection misrepresents elder abuse allegation

(Intentionally Left Blank)

Pennsylvania
Plaintiff's Memorandum of Law in Opposition to Defendants' Motion for Partial Summary Judgment, , 25 pgs
Trial Pleadings

Recommends Court deny motion because: punitive damages claim is valid; negligence claim is valid; negligence per se claim is valid; defendants' negligent conduct breaches Older Adult Protective Services Act; defendants' conduct is proximate cause of injuries and death; individual joint venture parties are liable for injuries or harms committed in conducting joint venture business

18 Pa.Cons.Stat.Ann. §2713 and §2713(a)(1) and 35 Pa.Cons.Stat. §10225.102 and §10225.303 and §10225.309 and §10225.701(a)(1) and §10225.101 et seq. and 28 Pa.Cons.Stat. §201.3(vi)

Pennsylvania
Amended Complaint in Civil Action, , 18 pgs
Trial Pleadings

Alleges: Count One - Linda F. Laff, Executor of the Estate of Lillian Glass, deceased v. All Defendants; Count Two - Negligence Per Sefor Violations of Neglect of Care-Dependent Person; Count Three - Linda F. Laff, Executor of the Estate of Lillian Glass, deceased v. All Defendants

Pa.R.Civ.Proc. 1006 and 2179 and 18 Pa.Cons.Stat.Ann. §2713

Pennsylvania
Plaintiff's Response in Opposition to Defendants' Preliminary Objections to Plaintiff's Complaint, , 10 pgs
Trial Pleadings

Requests Court overrule preliminary objections and order defendants file answer to plaintiff's complaint because plaintiff's complaint pleads sufficient facts with requisite specificity to justify negligence per se, wrongful death and punitive damages claims

Pa.R.Civ.Proc. 1028(a)(2), (a)(3), (a)(4) and 18 Pa.Cons.Stat.Ann. §2713 and §2713(a)(1), (f) and 35 Pa.Cons.Stat. §10225.101 et seq. and §10225.102

Pennsylvania
Consolidated Per Court Order, , 14 pgs
Trial Pleadings

Alleges: Count One - Executrix of Estate of Edward C. White, deceased v. St. Mary's Hospital, Inc. et al.; Count Two - Negligence Per Se for Violations of Neglect of Care-Dependent Person; Count Three - Negligence Per Se for Violations of the Older Adults Protective Services Act; Count Four - Executrix of Estate of Edward C. White, deceased v. St. Mary's Hospital, Inc. et al.

18 PaCons.Sta.Ann. §2713 and 35 Pa.Cons.Stat. §10225.101 et seq. and §10225.102

Pennsylvania
Post-Hearing Brief of Dunwoody Village, , 8 pgs
Other Materials

Argues Court must grant exemption for real estate taxes because: Village advances charitable purpose; Village operates free from profit; Village donates portion of services; Village benefits subjects of charity; Village relieves some government burden; property advances charitable purposes

10 Pa.Cons.Stat. §375(h), (d)(1)(v), (c ), (d)(2), (d)(4)(i), (d)(4)(vi), (e), (e)(2), (f)(1), (f)(2), (f)(3), (f)(4), (f)(5), (f)(6)

Pennsylvania
Plaintiff's Memorandum Contra Preliminary Objections to the Second Amended Complaint, , 6 pgs
Trial Pleadings

Recommends Court overrule second amended complaint because: complaint allegations are specific and sufficient; demurrer cannot supply fact missing in complaint

Pa.R.Civ.Proc. 1019 and 1019(a)

Pennsylvania
Brief in Opposition to Preliminary Objections, , 21 pgs
Civil Case Pleadings & Materials

Argues nursing home's negligence and failure to provide adequate or appropriate care resulted in elderly resident's death (2008)

PA.R.Civ.P. 1042.3; 18 PA. C.S.A. §2713; 18 PA. C.S.A. §6308; 504 Pa. 157, 161-163; Pa.R.Civ.P. 1019; Pa.R.Civ.P. 1020; Pa.R.C.P. 1033; 42 C.F.R. §483.25

Pennsylvania
Brief in Opposition to Preliminary Objections, , 21 pgs
Other Materials

Argues Court must overrule preliminary objections because: arbitration agreement is invalid; punitive damages claim is pled properly; breach of fiduciary duty claim shows existence of confidential relationship; negligent misrepresentation claim is pled sufficiently; negligence per se actions are based on Omnibus Budget and Reconciliation Act; claim for non-medical services under Unfair Trade Practices and Consumer Protection Law is well founded; governmental units cite defendants for failure to provide residents' adequate appropriate care; complaint apprises defendants of allegations

40 Pa.Cons.Stat. §1303.5(a) and §1301.503 and 18 Pa.Cons.Stat.Ann. §2713 and §6308 and Pa.R.Civ.Proc. 1019 and 1019(a), (f), (g) and 1033 and 1020(a)

Pennsylvania
Bill of Rights of Persons with Disabilities, , 3 pgs
Other Materials

Elderly adults and persons with disabilities shall not be financially exploited by relatives, nonrelatives or private businesses (2009)

amends subsection (e) of Section 3, subsection (d) of Section 4 of Act No. 238 of August 31, 2004, as amended [1 L.P.R.A. §512a]

Puerto Rico
Order Denying Defendants' Motion to Compel Arbitration, , 3 pgs
Other Materials

Court finds no enforceable agreement to arbitrate allegations of elderly assisted living facility residents' physical and verbal abuse (2013)

Rule 241(a) SCACR

South Carolina
Complaint , , 3 pgs
Civil Case Pleadings & Materials

Alleges: intentional infliction of emotional distress; negligent infliction of emotional distress; invasion of privacy; breach of contract. Requests damages in excess of $15,000 (2003)

South Carolina
Indictment; Notice of Demand for Alibi Defense; Warrant of Arrest, , 5 pgs
Other Materials

Charges 1 Count: sexual contact with person incapable of consenting; Charges 1 Count: abuse of disabled adult. Requests arrest warrant. Requests notice of intention to offer an alibi. Arrest warrant: sexual contact with person incapable of consenting; abuse of disabled adult (2012)

S.D. Codified Laws §22-22-7.1 and §22-22-7.2 and §22-46-1 and §22-46-2

South Dakota
Complaint; Request for Warrant; Probable Cause Affidavit; Warrant of Arrest; Information; Notice of Demand for Alibi Defense
, , 15 pgs
Other Materials

Alleges: two counts disabled adult abuse; two counts simple assault. Requests arrest warrant. Affirms: disabled adult abuse; simple assault. Arrest warrant: disabled adult abuse; simple assault. Information and charges. Requests notice to offer alibi (2007)

S.D. Codified Laws §22-46-2 and §22-18-1

South Dakota
TITLE, 0 pgs
Other Materials

TEXT

AUTHORITIES

ST
Brief in Support of Motion to Compel, , 28 pgs
Civil Case Pleadings & Materials

Argues Court compel production of documents and information responsive to interrogatories (2007)

Rule 26.02 of Tennessee Rules of Civil Procedure

Tennessee
Complaint, , 30 pgs
Civil Case Pleadings & Materials

Alleges: incapacitated resident's claims tolled; breach of duty through negligent acts or omissions; gross negligence; willful, wanton reckless, malicious and/or intentional conduct; medical negligence; adult protection violations; breach of contractual duties. Requests: punitive and compensatory damages; trial by jury (2006)

Tenn. Code Ann. §28-1-106 and §§68-11-901 et seq. and §68-11-901(1), (8), (10), (15), (16), (21) and (24) and §§29-26-115 et seq. and §71-6-101 et seq. and 68 or 33

Tennessee
Plaintiff's Original Petition, , 3 pgs
Civil Case Pleadings & Materials

Requests Court find victim fraudulently induced to execute quitclaim deed and transfer property title (2012)

Level 2 case under Texas Rules of Civil Procedure 190.4

Texas
Plaintiff's Original Petition, , 22 pgs
Civil Case Pleadings & Materials

Requests Court find: physical, mental and emotional abuse; asset transfer concealment (2011)

Discovery under Level III of Texas Rule of Civil Procedure 190

Texas
Plaintiff's Original Petition, , 6 pgs
Civil Case Pleadings & Materials

Requests Court find: elder abuse; fraud; undue influence; breach of fiduciary duty; theft (2010)

Level 2 case under Texas Rule of Civil Procedure 190.3

Texas
Complaint for Damages, , 5 pgs
Civil Case Pleadings & Materials

Alleges failure to protect elderly Alzheimer's patient (2004)

Utah Code Ann §78-3-4; "Elder Adult" and a "Vulnerable Adult" under Utah Code Ann §62A-3-301

Utah
Complaint for Damages, , 11 pgs
Civil Case Pleadings & Materials

Alleges: breach of duty; wrongful death; negligence; abuse; carelessness. Filed: Notice of Intent to Commence Action; Request for Pre-litigation Panel Review Hearing. Requests damages. (2004)

Utah Code Ann. §78-3-4 and §78-14-12 and §62A-3-301 and §76- 5-111

Utah
Brief in Opposition to Petition for Appeal
, , 21 pgs
Other Materials

Argues Court deny petition because: exception does not apply; intent to defraud and prejudice to another's rights proven; former counsel properly disqualified (2011)

Va. Code Ann. §18.2-172

Virginia
Trial Memorandum, , 9 pgs
Criminal Case Materials

Recommends Court find incapacity rendered victim unable to consent (2009)

Va. Code Ann. §18.2-192 and §18.2-191

Virginia
Memorandum Opinion, , 8 pgs
Other Materials

Recommends affirmation of incapacitated adult felony neglect conviction (2009)

Va. Code Ann. §17.1-413 and §18.2-369 and §18.2-369(B) and (C)

Virginia
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.