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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Complaint, 2012, 14 pgs
Trial Pleadings

Alleges negligence, medical malpractice, breach of provider agreement, disregard for resident's rights and safety, deceptive trade practices, breach of duty of care; requests judgment against defendant, damages for alleged injuries, litigation costs, attorneys' fees, and punitive damages

Ark.CodeAnn. §4-88-113(d)(1) and §16-4-101(B) and §5-28-101 and §5-28-103 and §12-12-1701 et seq. and §16-22-308 and §20-10-1201 et seq. and §20-10-1209(a)(4), (c) and §4-88-201(b) and §4-88-204 and §4-88-107(a) and §4-88-108 and §4-88-113(d) and §16-118-107 and Ark. OLTC R.&Reg. §100 and §301.1

Arkansas
Amended Complaint, 2012, 14 pgs
Trial Pleadings

Alleges negligence, medical malpractice, breach of provider agreement, disregard for resident's rights and safety, deceptive trade practices, breach of duty of care; requests judgment against defendant, damages for alleged conduct, litigation costs, attorneys' fees, punitive damages

Ark.CodeAnn. §4-88-113(d), (d)(1) and §16-4-101(B) and §20-10-202 et seq. §5-28-101 and §5-28-103 and §12-12-1701 et seq. And §16-22-308 and §20-10-1201 et seq. and §20-10-1209(a)(4), (c) and §4-88-201(b) and §4-88-204 and §4-88-107(a) and §16-118-107 and §Ark. OLTC R.&Reg. §100, §301.1

Arkansas
Amended Complaint, 2012, 11 pgs
Trial Pleadings

Alleges negligence, medical malpractice, violations of the Protection of Long-Term Care Facility Residents Act, deceptive trade practices; requests judgment against defendants, damages caused by alleged conduct, litigating costs, attorneys' fees, punitive damages

Ark. OLTC R.&Reg. §100, §301.1 and Ark.CodeAnn. §4-88-113(d)(1) and §20-10-202 et seq. and §5-28-101 and §5-28-103 and §12-12-1701 et seq. and §20-10-1201 et seq. and §20-10-1209(a)(4), (c) and §4-88-201(b) and §4-88-204 and §4-88-107(a) and §4-88-108 and §4-88-113(d) and §16-22-308 and §16-118-107

Arkansas
Other Materials

Argues Court must affirm motion because: no substantial evidence supports a jury verdict; federal law preempts and state statute limitations bar Arkansas Medicaid Fraud False Claims Act claim; defendants did not make false representations or act knowingly; alleged false misrepresentations or statements were not material; federal law preempts and state statute limitations bar Arkansas Deceptive Trade Practices Act claim; there is no basis for imposing penalties

Ark.CodeAnn. §20-77-901 to §20-77-911 and §4-88-101 to §4-88-115 and §20-77-902 and §20-77-902 and (8)(B) and §20-77-901(4) and §20-77-908(b) and §4-88-108(1) and §4-88-107(a)(1), (2), (a)(10) and §20-77-901(4) and §4-88-108(2) and §4-88-115 and §4-88-113(d)(1), (a)(3) and §20-77-903(a)(1), (a)(2) and Ark.R.Civ.P. 15(c)(1) and Ark.Const.art. II §9

Arkansas
Wrongful Death Complaint, 2012, 11 pgs
Trial Pleadings

Alleges medical negligence, ordinary negligene, felony neglect of an endangered or impaired adult, deceptive trade practices, illegal actions against an elderly and disabled person, breach of fiduciary duty, wrongful death; specifically reserves constitutional objections to Civil Justice Reform Act of 2003 applicability; requests trial by jury, litigation costs, attorney fees, punitive damages exceeding minimum amount required for federal court jurisdiction in diversity of citizenship cases

Ark.CodeAnn. §16-114-201 et seq. and §20-10-1201 et seq. and §20-10-1001 et seq. §20-10-1401 et seq. and §5-28-103(c )(1) and §16-118-107 et seq. and §4-88-107 and §4-88-204 et seq. and §16-62-101 and §16-62-102 an §16-13-201 and §16-60-112 and §16-55-213(e) and §20-10-120 and §20-10-1209(a)(4), (c) and §5-28-101(8)(B), (3) and §5-28-103(c)(1)and §20-10-100 and §16-55-201 and §4-88-11307 and §116-118-107 and Ark.R.Civ.P. 54

Arkansas
Trial Pleadings

Requests Court deny motion or, in the alternative, requests Court direct discovery regarding enforceability of arbitration agreement because removing claims from justice system submits matters to an arbitrator

Ark.CodeAnn. §16-108-202 and §16-108-201 and §16-108-201(b) and Ark.R.Evid. 901

Arkansas
Brief of Appellee, 2010, 5 pgs
Other Materials

Argues evidence supports abuse of endangered or impaired person conviction (2010)

Ark. Code Ann. §5-28-101; Ark. Code Ann. §5-28-103; Ark. R. Crim. P. 33.1(a)

Arkansas
Complaint, 2010, 13 pgs
Trial Pleadings

Alleges negligence, willful, wanton, gross, flagrant, reckless or conscious indifference and wrongful death; asserts claim for medical expenses, hospitalization, extreme pain and suffering, mental anguish, degradation, disability, disfigurement, emotional distress, loss of personal dignity, loss of life, costs, attorney's fees and punitive damages

Ark.CodeAnn. §16-62-101 and §16-26-102 and §20-10-202 et seq. and §20-10-1201 et seq. and §20-10-1209(a)(4), (c) and Ark. OLTC R.&Regs §100 and §301.1

Arkansas
Complaint, 2010, 11 pgs
Trial Pleadings

Alleges negligence, neglect of non-delegable duty, wrongful death, violations of the Arkansas Long Term Care Residents Rights statute; requests judgment against defendants, jury trial, damages for alleged conduct, litigation costs, punitive damages

Ark.CodeAnn. §16-62-101 and §16-62-102 and §20-10-202 et seq. and §5-28-101 and §5-28-103 and §5-28-203 and §20-10-1201 et seq. and §20-10-1209(a)(4), (c)

Arkansas
Trial Pleadings

Argues Court must grant motion because: violation of residents' rights claim does not apply to defendants; violation of Deceptive Trade Practices claim does not meet specific fact requirements; elderly neglect claim fails to allege intentional acts or omissions; negligence allegation does not apply to defendants; medical malpractice claim fails to attribute specific actions or facts to each defendant

Ark.CodeAnn. §16-118-107 and § 5-28-101(3) and §16-114-202 and Ark.R.Civ.P. 8

Arkansas
Brief of Appellee, 2009, 4 pgs
Other Materials

Argues evidence supports jury's verdict of guilty for elderly abuse and court rightfully denied trial counsel's motion to withdraw (2009)

Ark. Code Ann. §5-28-101; Ark. Code Ann. §5-28-103; Rules of Professional Conduct 1.16(b)(6&7)

Arkansas
Brief of Appellee, 2008, 7 pgs
Other Materials

Argues: evidence supports conviction; adult-abuse statute not void for vagueness. Requests case be affirmed (2008)

Ark. Code Ann. §5-28-101; Ark. Code Ann. §5-28-103

Arkansas
Amicus Curiae Brief, 2002, 30 pgs
Other Materials

Argues punitive damages for elderly nursing home resident's death constitutional (2002)

§42 U.S.C. §408; Ark. Code Ann. §5-4-201(d); §5-10-103; §5-10-104; §5-10-105; §5-13-201; §5-13-206; §5-13-207; §5-27-201; §5-28-101(5); §5-28-103(b)(1); §5-28-106(a)(2); §5-28-202; §5-5-111

Arkansas
Other Materials

Territorial Federal District Courts exist in every Territory except American Samoa

(Intentionally Left Blank)

American Samoa
Trial Pleadings

Requests Court order partial satisfaction of awarded judgment or amend award in offset amount because sanctions should be applied to offset verdict in favor of party rejecting settlement offer

(Intentionally Left Blank)

Arizona
Trial Pleadings

Requests Court dismiss claims under Adult Protective Services Act and enter summary judgment in Southern Arizona Regional Rehabilitation Hospital's favor because Third Amended Complaint was filed after statute of limitations expired and that delayed filing deprived Hospital of nonparty-at-fault defenses

Ariz.R.Civ.P. 56, 56(a), 15(c), 15(e) and Ariz.Rev.Stat.Ann. §46-455 and §46-455(B), (K) and §46-454(A), (B)

Arizona
Trial Pleadings

Requests Court grant motion and dismiss Adult Protective Services Act claim because decedant lived four years, suffered a variety of maladies, underwent multiple surgeries and was admitted to hospitals and nursing homes more than 20 times after being discharged from University Medical Center

Ariz.Rev.Stat.Ann.§46-455(B) and §46-451(A)(1)(b) and §46-451(A)(6)

Arizona
Trial Pleadings

Requests Court order claim submitted under Adult Protective Services Act because injuries and death caused by failure to provide adequate nutrition and nursing support preclude summary judgment and require a jury trial

Ariz.Rev.Stat.Ann. §46-455(B) and §45-451(9), (A)(1), (A)(4), (A)(6), (A)(1)(a) to (d), §33-1551(C )(2)

Arizona
Trial Pleadings

Requests Court enter partial summary judgment and award attorneys' fees because defendants were not hired to provide or assume legal duty for a vulnerable adult's care

Ariz.Rev.Stat.Ann §46-455 and §46-455(B) and §12-349 and §12-349(C), (F)

Arizona
Judgment, 2014, 4 pgs
Sentencing Memoranda

Court finds plaintiff or his estate entitled to treble damages, attorney's fees and costs with interest because defendant financially exploited a vulnerable adult

Ariz.Rev.Stat.Ann. §46-451(9) and §46-456(A), (B) and Ariz.R.Civ.P. 54(c)

Arizona
Trial Pleadings

Argues Court must instruct jury on punitive damages and applicability of statute because a pattern of disregard for victim's health and safety justifies punitive damages and negligent care of a vulnerable adult supports Adult Protective Services Act claim

Ariz.Rev.Stat.Ann. §46-455(B) and §46-451 and §146-46-451(A)(5), (A)(10)

Arizona
Trial Pleadings

Recommends Court deny request for jury instruction on abuse and neglect of the aged because the Adult Protective Services Act was enacted to include acute care hospitals

Ariz.Rev.Stat.Ann.§46-455(A)(1), (A)(1)(a), (A)(1)(b), (A)(1)(c), (A)(1)(d), (B), (B)(1), (B)(2), (C) and §36-411(A) and §46-451(A)(9), (A)(7) and §14-5101(1) and §12-561-63

Arizona
Trial Pleadings

Requests Court reverse ruling to refuse Adult Protective Services Act instruction or, in the alternative, make a finding that meets predicate definition of a neglected vulnerable adult, based on jury's verdict

Ariz.Rev.Stat.Ann.§46-455 and §46-455(B), (B)(1) and §46-451 et seq. , (A), (A)(1)(a), (A)(1)(b), (A)(1)(c), (A)(1)(d), (A)(6), (A)(9), and §1-215(29) and §1-211(A)

Arizona
Trial Pleadings

Requests Court deny motion because violation of a regulation is evidence and admissible under Adult Protective Services Act

Ariz.R.Evid. 803(6) and 803(8) and 401 and 403 and Ariz. Admin. Code §9

Arizona
Trial Pleadings

Requests Court admit relevant federal regulations because failure to provide that standard of care is evidence of negligence

(Intentionally Left Blank)

Arizona

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