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

Argues Court must reverse circuit court's affirmation because: proposed free-standing emergency department (FED) is inconsistent with State Health Plan; there are no Department of Public Health Regulations for a FED; no location is proposed for a FED

Ala. Code §12-3-10 and §22-4-8 and §22-21-33 and §22-21-260(6), (8), (13), (15) and §§22-21-260 to 278 and §22-21-261 and §22-21-263 and §22-21-263(a) and §22-21-264 and §22-21-264(4)(f), (g) and §22-21-265(a), (d) and §22-21-266 and §22-21-266(1) and §22-21-274 and §22-21-275 and §22-21-278 and §40-18-35(b)(1) and §41-22-20(k), (k)(1) and Ala.R.App.P. 4(a)(1) and Ala.R. Evid. 201(b)

Alabama
Other Materials

Argues Court must affirm judgment and assess damages for wrongful appeal because appellant denies responsibility for debt, ignores Alabama law and mischaracterizes case

Ala. Code §58-8-1 and §58-8-5

Alabama
Other Materials

Argues Court must reverse trial court's undue influence finding because rebuttal shows intent to change 1993 Will's terms

Ala. Code §12-1-4 and 12-2-7(6) and Ala.R.Civ.P. 50(c) and 52(c) and 59(a)(2), (b) and 60(a)

Alabama
Trial Pleadings

Argues testimony was neither within res gestae of incident nor subject to hearsay exceptions and its admission was abuse of discretion; requests Court grant motion to vacate judgment and set case for a new trial

Ala.R.Evid. 803(1) and 803(2)

Alabama
Other Materials

Argues Court must dismiss appeal or hold appeal in abeyance pending trial court rulings or, in the alternative, affirm instanter order as temporary measure to maintain status quo pending resolution of remaining issues.

Ala. Code §6-6-42 and §6-6-5 and §12-1-8 and §38-9-1 and Ala.R.Civ.P. 37(b) and 62(c) and 64(b) and 65(b) and 65(c) and Ala.R.App.P. 4(a), (d) and 38

Alabama
Brief of the Appellee, 2012, 9 pgs
Other Materials

Argues death terminated administrator's power of attorney and rendered draw request void

Ala. Code §112-21-12 and §26-1-2 and §26-1A-101 and §26-1A-103 and Ala.R.Civ.P. 56(c)(3)

Alabama
Other Materials

Argues Circuit Court's Order must be reversed and matter remanded with instructions to stay further litigation pending arbitration because defendant signed Second Arbitration Agreement and was beneficiary of loan documents including First Arbitration Agreement

(Intentionally Left Blank)

Alabama
Other Materials

Argues Court must reverse circuit court's decision because issues of material fact exist on some or all of the issues submitted for summary judgment

Ala. Code §12-2-7 and §12-3-10 and §32-1-2 and §32-9A-2 and Ala.R.Civ.P. 56(c)(3)

Alabama
Complaint, 2012, 6 pgs
Trial Pleadings

Alleges tort of outrage, assault, false imprisonment, intentional interference with governmental operation, malicious prosecution, unlawful search and seizure, excessive use of force, inadequate training and supervision, deliberate indifference through custom; requests implementation of policies and procedures with monitoring, compensatory and punitive damages

(Intentionally Left Blank)

Alabama
Other Materials

Argues Court must find disclosure drafted informed consumers have a "right to sue"

(Intentionally Left Blank)

Alabama
Trial Pleadings

Requests Court reverse State Health Planning and Development Agency's decision because it was erroneous, arbitrary and capricious

Ala. Code §41-22-20 and §40-22-20(a), (b), (d), (k) and 22-21-268

Alabama
Other Materials

Argues claims do not arise under Medicare Act and judicial process is claims' appropriate forum; requests Court deny petition for writ of mandamus

Ala.R.Civ.P. 23(b)(3) and (b)(1)(A)

Alabama
Complaint, 2010, 28 pgs
Trial Pleadings

Alleges Medicaid fraud and deceptive trade practices; requests restitution, interest, monetary penalities, injunction against the offending conduct and jury trial

Ala. Code §8-19-1 et seq. and §8-19-3 and §8-19-5 and Ala. Admin. Code r.560-X-4 to 560-X-33

Alabama
Complaint, 2010, 10 pgs
Trial Pleadings

Alleges Medicaid fraud and deceptive trade practices; requests restitution, interest, monetary penalities, injunction against the offending conduct and jury trial

Ala. Code §§8-19-1 et seq. and §8-19-3 and §8-19-5 and Ala. Admin. Code r.560-X-4 to 560-X-33

Alabama
Other Materials

Argues pharmaceutical price inflation devastates people relying on prescription medicine. Requests lower court's judgment and verdict be upheld (2009)

42 U.S.C. §1396; 42 C.F.R. §423.506; 42 C.F.R. §430.35; 42 C.F.R. §447.204

Alabama
Other Materials

Argues long-term deliberate pricing fraud. Requests trial court's judgment for fraudulent misrepresentation and suppression be affirmed (2009)

18 U.S.C. §371; 42 C.F.R. §447.502 and §447.512; 42 U.S.C. §1396; Ala. Code §13A-5-11, §6-11-20, §6-2-3, §6-2-30(a), §6-2-38(1), §6-5-102, §7-3-420, §8-8-1, §§13A-8-3 and 13A-5-6; Ala R. Civ. P. 45 and 51; Ala. R. Evid. 404(b), 406, 502(b)(5), 801(d)(2), 803(22)

Alabama
Complaint, 2009, 6 pgs
Trial Pleadings

Alleges: elder abuse; elder financial exploitation; breach of agreement; negligence and wantonness; fraud; deceit; conversion (2009)

Alabama
Complaint, 2007, 2 pgs
Trial Pleadings

Alleges financial exploitation of vulnerable adult by coercion and undue influence (2007)

Ala. Code §8-9-12

Alabama
Trial Pleadings

Requests Court deny motion to dismiss and order defendant to answer amended complaint. Requests leave to serve another amended complaint (2006)

Alabama
Trial Pleadings

Requests Court deny motion for new trial or for remittitur of compensatory damages award because evidence showed profit from services not delivered and wanton conduct that supported breach of contract and wrongful death allegations (2002)

Ala. Code §12-13-13 and §12.21-35 and Alabama Rule of Evidence 803(8) and 803(8)© and 801(d)(2)

Alabama
Brief of Appellee, 2014, 12 pgs
Other Materials

Argues Court must affirm board's decision because appellant voluntarily left work after Department of Long Term Care determined abuse or neglect report was unfounded

Ark.CodeAnn. §11-10-513 and §11-10-529(c)(1)

Arkansas
Complaint, 2014, 3 pgs
Trial Pleadings

Alleges age and gender discrimination, neglect and abandonment; requests compensatory and punitive damages, reinstatment or front pay, and attorney fees

Ark.CodeAnn. §21-3-201 to §21-3-205 and Ark.R.Civ.P. 26.1

Arkansas
Complaint, 2013, 15 pgs
Trial Pleadings

Alleges negligence, medical malpractice, breach of admission agreement, violations of Long-Term Care Facility Residents Rights Act, breach of provider agreement, deceptive trade practices, administrator neglect; requests judgment against defendants, damages caused by alleged conduct, litigation costs, attorneys' fees, punitive damages

Ark. OLTC R.&Reg. §100, §301.1 and Ark.CodeAnn. §20-10-202 et seq. and 12-12-1701 et seq. §16-114-201(2) and §20-10-1201 et seq. and §20-10-1209(a)(4), (c) and §4-88-201(a) and §4-88-204 and §4-88-107(a) and §4-88-108 and §16-22-308 and §4-88-204

Arkansas
Other Materials

Argues Court must dismiss petition for judicial review, deny appeal and uphold final order because evidence supports neglect and failure to follow care plan

Ark.CodeAnn.§12-12-1703(15)(B)(i), (iii) and §25-15-212(h), (h)(5) and §25-15-201 et seq.

Arkansas
Petitioner's Brief, 2012, 9 pgs
Other Materials

Argues Court must reverse finding of neglect because neither Inservice Education Reports nor Activities of Daily Living books evince petitioner received information that resident was a fall risk

Ark.CodeAnn.§12-12-1703(15)(B)(i), (iii) and §25-15-212(h), (h)(5) and §25-15-208(6)

Arkansas

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