Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Other Materials

Car dealer sold vehicle to client with Alzheimer's dementia and refused to rescind contract; court denied plaintiff's request to rescind contract, denied car dealer's request for attorney fees, awarded nothing to either party

(Intentionally Left Blank)

Colorado
Other Materials

Widow signed legal documents under duress; court granted plaintiff rescission of lease, found defendants entitled to credit on outstanding loan balance

(Intentionally Left Blank)

Colorado
Trial Pleadings

Requests Court grant motion because expert evidence or testimony that opines on alleged dangers to elderly patrons would prejudice, confuse, or mislead the jury

Colo.R.Civ.Proc. 16 and 26 and 37 and 121, §1-15(8) and Colo.R.Evid. 103 and 104 and 611 and 403 and Colo.Rev.Stat. §13-21-115

Colorado
Other Materials

Nursing home facility's failure to properly treat infected bedsore lead to resident's death; jury awarded plaintiff $3,200,000; nunc pro tunc, Judge reduced verdict award to $300,000, plaintiff award to $38,889.73 interest, plaintiff judgment award to $338,889.73

Colo.Re.Stat. Ann. §13-64-302(1)(b)-(c) and §13-21-203(1)(a) and §15-11-803(1)(b)

Colorado
Civil Case Pleadings & Materials

Alleges: contract for sale of vehicle to vulnerable disabled adult void; abuse of an elderly person; violation of consumer protection code. Requests jury trial (2011)

Colorado
Trial Pleadings

Alleges elder abuse; requests judgment against defendant, damages under consumer protection code, costs, attorneys' fees and jury trial

(Intentionally Left Blank)

Colorado
Civil Case Pleadings & Materials

Requests amended charges: Charges 1 Count: theft from an at-risk adult over $5000; Charges 7 Counts: theft (2005)

C.R.S. §18-6.5-103(5) and §18-4-401(1)(a)(b), (2)(d) and §18-4-401(1)(a), (2)(c )

Colorado
Bill of Particulars, 2005, 3 pgs
Indictments & Informations

Charges 1 Count: theft from an at-risk adult over $500; Charges 7 Counts: theft; Charges 7 Counts: breach of fiduciary duty (2005)

C.R.S. §18-6.5-103(5) and §18-4-401(1)(a) and (b), and §38-22-126

Colorado
Other Materials

Argues Court must grant Motion for Dismissal or, in the alternative, enter judgment for defendants because plaintiff is barred from recovery and enrichment by an illegal contract

Conn.Evid. Code §4-1 and Conn.Gen.Stat. §20-679 and §20-678 and §20-670 to §20-680 and §1-2z and §1-1(a) and §20-429 and §20-429(a), (a)(1) and §20-627 and §20-670-3 and §42-135a and §42-134a, et al. and §42-134a(a), (b) and §20-325a(a) and §52-572(c) and §20-670-3(b) and Conn.Regs. §20-670-3

Connecticut
Other Materials

Argues Court must deny appeal and uphold Trial Court decision because judgment of foreclosure was open so default could be set aside

Conn.Gen.Stat. §1-2z and §49-15 and §49-15(b) and §52-212 and §52-212a and Conn. R.App. Proc. §62-7 and §67-2

Connecticut
Other Materials

Argues Court must rule in plaintiff's favor on Counts Two and Three of Second Revised Complaint, award damages plus statutory interests and costs; requests Court find defendant's remaining Counterclaims and Special Defenses fail to meet burden of proof

Conn.Gen.Stat. §52-29 and §47a-1

Connecticut
Other Materials

Argues Court must find this a case of elderly abuse and defendant entitled to setoff for labor and materials; requests punitive damages to include litigation expenses and attorney fees less taxable costs which, if recovered, would be included in judgment

Conn.Gen.Stat. §47a and §34 and §34-301 and §34-300-434 and §34-314 and §34-300-399 and §34-303(b), (c)(1) and and §34-305 and §34-337(b) aand §34-338(b), (c), (d) and §34-357(b)(3) and §34-356(a) and §34-355 and §34-355(1), (5) and §34-372(4), (5), (6) and §34-338(a), (b), (c) and §34-327(c) and §34-322 and §34-322(h), (j) and §52-564 and §53a-119

Connecticut
Other Materials

Argues Court must affirm judgment of Appellate Court vacating Arbitrator's award reinstating grievant and reversing Union's application to confirm Arbitration award; requests, if judgment is reversed, Court remand case to Appellate Court for determination on appellee's claim Arbitrator exceeded his authority

Conn.Gen.Stat. §19a-550(b)(8) and §17b-451

Connecticut
Other Materials

Argues Court must find in defendants favor on all liability issues because plaintiff failed to present a prima facie case of negligence

Conn.Gen.Stat. §31-130 and §34-133(a) and §35-1 and §35-1(a) and §20-670 and §20-670(6) and §20-671 and §20-670 et seq. and §20-678 and §20-679

Connecticut
Trial Pleadings

Alleges: defendant ignored demand for plaintiff's financial affairs accounting; defendant's fraud impoverished plaintiff; defendant violated fiduciary duty to plaintiff; defendant owes plaintiff punitive damages; requests an independent accounting of securities held solely and jointly in defendant's and plaintiff's names, judgment awarding damages equal to amount plaintiff was defrauded and punitive damages for willful elder financial exploitation

(Intentionally Left Blank)

Connecticut
Complaint, 2011, 5 pgs
Trial Pleadings

Alleges duty abandonment, negligence, failure to follow proper policies and procedures and breach of standard of care; requests monetary damages for serious, painful and permanent injuries to an elderly woman

(Intentionally Left Blank)

Connecticut
Trial Pleadings

Requests Court grant motion for summary judgment because: there is no written agreement or basis for a constructive trust; claim is barred by doctrine of laches and by Marketable Title Act (2010)

Conn. Gen. Stat. §52-550 and §47-33b et seq. and §47-33e and §47-33b(a) and §45a-450 and §47-33c and §47-33d and §47-33e and §47-33b(a) and §47-33b(e)

Connecticut
Trial Pleadings

Recommends Court grant motion because there is no material fact issue, there is no basis for a constructive trust and plaintiffs' claim is barred by doctrine of laches and Marketable Title Act

Conn.Gen.Stat. §52-550 and §47-33b et seq. and §47-33b(a), c, d, e, b(e) and §45a-450

Connecticut
Trial Pleadings

Requests Court consolidate and jointly try cases involving promissory notes issued to two elderly women because severance of the two matters is not necessary to prevent prejudice, non violent theft and security violations are charged and evidence in both cases can be presented in six days or less

Conn.Gen.Stat. §54-57

Connecticut
Revised Complaint , 2009, 3 pgs
Civil Case Pleadings & Materials

Alleges tortious interference with a financial expectancy. Requests judgment on parties' rights and responsibilities (2009)

Connecticut General Statutes §52-29 and §17-54 et seq.

Connecticut
Trial Pleadings

Affirms breach of fiduciary. Requests Court find demand for accounting, fraud, fraudulent conversion, theft, punitive damages and remedy if statute of limitations expired (2008)

Conn. Gen Stat. §52-564 and §53a-119 and §52-595 and §52-577

Connecticut
Sentencing Memoranda

Requests: ten years' incarceration; suspension after five years; five year probationary period; $3,307 restitution to elderly financial exploitation victim's estate (2007)

Connecticut Practice Book §43-11; Connecticut Practice Book §43-28

Connecticut
Complaint, 2003, 3 pgs
Trial Pleadings

Alleges financial exploitation of vulnerable adult by forgery, conspiracy and theft (2003)

Connecticut
Trial Pleadings

Recommends Court grant motion because prejudicial evidence should not be allowed in this elderly plaintiff's pension agreement case

(Intentionally Left Blank)

District Of Columbia
Trial Pleadings

Recommends Court grant summary judgment because defendant has failed to provide: an affidavit; statement of material facts in dispute; defenses to promissory estoppel or breach of contract

Sup.Ct.Civ.R. 56(e) and 12-I(k)

District Of Columbia

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