The facts of the case in Deshaney V. Winnebago County (1989) start with Joshua Deshaney’s mother suing Winnebago County’s Department of Social Services. Joshua Deshaney lived with his abusive father. Joshua’s father beat him so bad that he ended up with serve brain damage. The damage was so bad that Joshua is now permanently mentally disabled. During the time that Joshua lived with his father and endured the abuse the Winnebago Department of Social Services was made aware of the abuse and has several complaints about the abuse Joshua endured. They Winnebago Department of Social Services said they did everything in their power to protect Joshua. They did not however remove Joshua from the fathers care/home therefore the mother of Joshua Deshaney
This was a child abuse case where a Dodge County father and the live-in girlfriend he
Jones v. North Carolina Prisoners’ Union Court cases over time have come forth and altered the course of this country and even the world. While this case didn’t really affect the world, Jones v. North Carolina brought forth an important question on prisoner’s rights. Jones v. North Carolina was a court case in 1977 that brought forth the debate if workers in prisons have the right to join a labor union. The details of the court case and thoughts on if the court was justified in their ruling will bring to light of what sort of value as a human being do prisoners have.
In the case, DeShaney v. Winnebago County Social Services, the mother of an abused child, Ms. DeShaney (Petitioner) sued Winnebago County Department of Social Services and several of their employees, (Defendant) for failing to protect the child from physical abuse by his father. In 1984, four-year-old Joshua DeShaney became comatose and then severely retarded due to traumatic head injuries inflicted by his father who beat him over an extended period of time. The county department of social services received complaints that the boy was being abused by his father and took various steps to protect him. They did not, however, remove Joshua from his father's custody. Ms. DeShaney subsequently sued the Winnebago County Department of Social Services,
MILLERSBURG — A local man who admittedly filmed coworkers using an employee bathroom now faces the potential of local jail time.
In order to fully understand the outcomes of this case, it is necessary to briefly review the legal issues that prompted the appellants and respondent to pursue legal action. The initial factor was the apprehension of a six week old infant named Leticia Grace Woods, on October 20th, 1976, by C.A.S. of central Manitoba. Upon removing her from her mother’s custody, in an effort to protect her, she was placed in a foster home as stipulated in the Child Welfare Act, C.C.S.M., c. C80. After several months in foster care, Mrs. Woods’,
In Attorney General v. Sheriff of Suffolk County, 394 Mass. 624 (1985); Guardianship of Anthony, 402 Mass. 723 (1988), “The Court cannot exercise the function of the executive branch of the government by ordering the agency to fulfill certain obligations in a specific manner”. However, if an agency has failed to act in accordance with applicable statutory and regulatory imperatives, the court may find that said agency has abused its discretion, as measured by the arbitrary or capricious test. Care and Protection of Isaac, 419 Mass. 602, 614 (1985). The most important and apparent DCF’s abuses of discretion in this case is by removing the child away from her best comfort place, where she has been nursed by her natural mother. DCF possessed the legal custody of the child in this case, and decided to entrust the child to be housed at the prison facility, where the child’s mother is also housed. DCF considered that, according to its rules, regulation and professional practices, it was its best decision, best placement and best interest of the child.
Facts: Plaintiffs Carl and Elaine Miles, owners and impresarios of “Blackie, The Talking Cat” brought a lawsuit in U.S. District Court for the S.D. Georgia, challenging the constitutionality of the Augusta, GA, Business License Ordinance. They complained that the ordinance was inapplicable in their case “accepting contributions from pedestrian in the downtown Augusta area, who wanted to hear the cat speak “and that the ordinance violates the rights of speech. The Plaintiffs attacked the ordinance as being unconstitutional and overbroad in contravention of the due process clauses of the Fourteenth Amendment.
Facts James Olis hired Terry Yates to represent him in the criminal proceedings that he was involved in while working at Dynegy. Olis acknowledge that he was responsible for his legal fees and his written fee agreement with Yates stated that “all fees are due when billed unless other specific arrangement have been made.” However, Olis told Yates and Mark, Yate’s associate, that Dynegy would be paying his legal fees, which is also confirmed by Cristin Cracraft, an attorney of Dynegy, through a telephone call with Clark, provided that Olis acted in good faith, in Dynegy’s best interest and in compliance with applicable law. Dynegy’s paid Yate’s initial invoice for $15,000, and the succeeding bill for $105,176 after Olis’
The case I found was Burris v. Dep’t. of Children And Fam. Serv. And Erwin McEwen, Ill. App. LEXIS 690 (June 29, 2011). This case talks about the agency of the Department of Children and Family Services trying to put Plaintiff on the central register list to be unfit to care for her children. Plaintiff’s first kid was found to be abused and neglected by the Plaintiff. The agency got a call regarding the concerns for Plaintiff’s second child and his safety. The agency put the second child in protective custody. The Plaintiff filed a complaint to have administrative review on the director of DCFS decision that denied the Plaintiff of her request to remove the report of neglected based on the child being put in an “environment that was injurious
In December of 1856, the U.S Supreme Court released its final verdict on the Dred Scott vs. Sanford case. This is one of the most notorious Supreme Court cases in American History, as it was a former African American Slave seeking to free himself under the Missouri Compromise. To fully comprehend this complicated court engagement, it is best to provide initial background information for the two individuals before discussing the case.
One of the largest deciding factors in the Shelby County decision relied on the equal sovereignty doctrine. The majority’s opinion in Shelby County v. Holder stated that the VRA treated the sovereignty of the states differently by subjecting only certain states and districts to federal regulation (Litman 2016: 1209). The Court has historically has treated cases such as this with the rational basis test. This was the case for South Carolina v. Katzenbach (1966) and City of Rome v. United States (1980). Under these cases, it was decided that coverage formula was a rational tool to be used in order to counter voting discrimination measures. In order to determine the standard to review congressional acts based off of the Civil War Amendments, the
A few decades ago, the notion that nature had legal standing with the same rights as people existed on the fringes of the environmental movement. But as a recent spate of legal decisions show, attitudes towards ecological systems are changing.
Chosen arbitrarily, this report by League of Women Voters is definitely obscure for readers who are new to a context of Shelby County v. Holde case and does not provide any kind of references for background or alternative opinions. However, the simplicity of reasoning on impact of the case, which is translated by quoting president of organization Elisabeth MacNamara creates a kind of biased impression on a topic, presenting the opinion that the court decision merely “left voters and their rights at risk of discrimination” (“Hundreds…”), even though a well thought through alternative opinion is
In the case regarding Jack, Samantha and Nicole, there are many different factors that appear regarding Jack and Samantha appealing their convictions. After reviewing the case, it states that Jack had often taken his anger out on Samantha’s daughter, Nicole. Nicole had been hospitalized on six different occasions for different injuries that were caused by Jack. While all this had been going on, Samantha was aware of it. She was aware of the abuse that her daughter suffered by Jack and did nothing about it. The fact that Samantha knew that Jack was abusing Nicole and did nothing about it was what I would considered the leading factor to the courts’ decision to convict her of knowingly endangering the welfare of a minor. Nicole did exactly that, she was a parent that was supervising the welfare of a child under the age of 18 years old and knew that someone was endangering her child’s welfare. Nicole did not care, protect or support her daughter in the situations that occurred with Jack instead he just turned her head and looked the other way. While studying the case more indept we learned that the reason Nicole did not fight back and defend her child was because of fear that if she left Jack he would severely hurt Nicole. Although Jack had only beaten Samantha once she still lived in fear of what he would do to her if she ever spoke up. One night however things took a turn for the worse, Samantha was working and Jack began attacking Nicole. While trying to get away from Jack,
The following project, will address the case of Rita and Christiana C . after concern was provided by a neighbor, who reported that 2 years-old, Christina, seemed underweight, neglected and presented facial bruises. She is cared by her currently unemployed single 19 year old mother, Rita C., in a one bedroom apartment in a lower-income neighborhood of Pleasantville, CA. Under these circumstances, a caseworker was assigned by Child Protective Services to visit the home in order to identify the potential impacts and implications for the developmental growth of Christina C. In order to advise Judge Thompson, this project will focus on providing careful explanations that describe the familial and parental characteristics of the socio-cultural environment that favor the removal of Christina from Rita 's custody, followed by the explanation of why the attachment between the parent and child provide reasons that are against the removal of Rita 's custody of Christina, to end on a recommendation on which course of action will best benefit the child.