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Jun 26, 2009

Two thumbs up for our legislative branch of the govenment.  Americans have the Constitution and worthy laws that were drafted and passed in Congress to protect citizens' rights.  They are ineffective, however, unless the USDOJ and the judiciary uphold the law.   When they don't, our legal protections are reduced to pretty words on paper.  

It is time for the media and authorities to stop trying to hide the secret arrest and wrongful death of Larry Neal.  

Website:  Wrongful Death of Larry Neal
http://wrongfuldeathoflarryneal.com/

You make yourselves accessories after the fact when you hide a murder.

Memphis Mayor Herenton, you did well to resign. 

Forget running for Congress.  

Mainstream media cannot protect news of Larry Neal's murder forever.

  
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18 USC § 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Homicide - Criminally Negligent Homicide - Tennessee Law

In Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-212 defines Criminally Negligent Homicide as criminally negligent conduct that results in death: In order to be found guilty of Criminally Negligent Homicide, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:

(1) That the defendant's conduct resulted in the death of the alleged victim;

and

(2) That the defendant acted with criminal negligence, i.e., the defendant ought to have been aware of a substantial and unjustifiable risk that the alleged victim would be killed. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the defendant's standpoint.

The requirement of "criminal negligence" is established if it is shown that the defendant acted either intentionally, knowingly, or recklessly.

In homicide cases, the mental state of the accused at the time he or she allegedly killed must be carefully considered in order to determine whether the accused will be convicted of First or Second Degree Murder or a lesser offense, such as Criminally Negligent Homicide.

SPECIAL LITIGATION SECTION

U.S. Department of Justice - Civil Rights Division

950 Pennsylvania Ave, NW

Special Litigation Section, PHB

Washington, DC 20530

(202) 514-6255 - Fax: (202) 514-6273 or (202) 514-0212

The Special Litigation Section enforces federal civil rights statutes in four major areas:

(1) conditions of institutional confinement;

(2) law enforcement misconduct;

(3) access to reproductive health facilities and places of religious worship;

(4) protection of institutionalized persons’ religious exercise rights.

Conditions of Institutional Confinement

The Special Litigation Section protects the constitutional and federal statutory rights of persons confined in certain institutions owned or operated by state and local governments. These institutions include facilities for individuals who are mentally ill or developmentally disabled, nursing homes, juvenile correctional facilities, and adult jails and prisons. The Section’s authority to do this work is derived from the Civil Rights of Institutional Persons Act of 1980 (“CRIPA&rdquo, 42 U.S.C. § 1997, which gives the Attorney General the authority to investigate institutional conditions and file suit against state and local governments to protect the basic rights of the nation’s most vulnerable persons. Section investigations typically focus on myriad issues depending on the type of institution and the nature of alleged unconstitutional conditions. Issues include, for example, abuse, medical and mental health care, security, adequacy of treatment and training, and education. The Section also is responsible for enforcing Title III of the Civil Rights Act of 1964, which prohibits discrimination in public facilities on the basis of race, religion, or national origin.

Since CRIPA was enacted, the Section has initiated more than 400 investigations of various facilities throughout the states, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the Territories of Guam and the Virgin Islands. As a result of the Section’s CRIPA efforts, tens of thousands of institutionalized persons who were living in dire, often life-threatening, conditions now receive adequate care and services. In fact, the Section’s CRIPA docket has multiplied since 2001. The Section has opened 60 new investigations, an increase of almost 50 percent over the preceding five years. These efforts have yielded 47 substantial agreements, including 10 consent decrees. The Section’s work in institutions has focused recently on sexual victimization of women prisoners, the unmet mental health needs of inmates and pre-trial detainees, abuse and neglect in nursing homes, facilities for persons with developmental disabilities, and juvenile detention facilities.

The Section’s Juvenile Justice work has been effective in uncovering violations and working with local jurisdictions to bring about much needed reform. The Section is proud to report that this previously under-served area is now a leading enforcement area of our office. In addition, our work has been heralded by professionals in the field and media reports.

Section staff are involved in a broad array of activities to vindicate the federal rights of institutionalized persons. In addition to reviewing complaints and conducting investigations, Section activities include monitoring and enforcing court orders or settlements, litigating large, complex institutional reform cases, and writing amicus briefs on issues of national import. Section staff work closely with nationally renowned experts to evaluate institutional conditions by touring facilities, observing relevant practices and procedures at the facilities, evaluating records, and interviewing residents, staff, and other individuals knowledgeable about the conditions at the institutions. The Section has been successful in resolving the vast majority of CRIPA investigations that have uncovered unlawful conditions by obtaining voluntary correction or a settlement designed to improve conditions and ensure the provisions of appropriate services.

Law Enforcement Misconduct

The Special Litigation Section enforces the police misconduct provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, which authorizes the Attorney General to seek equitable and declaratory relief to redress a pattern or practice of illegal conduct by law enforcement agencies or agencies responsible for the administration of juvenile justice. The Section also enforces the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d, which authorizes the Attorney General to initiate civil litigation to remedy a pattern or practice of discrimination based on race, color national origin, gender or religion involving services by law enforcement agencies receiving financial assistance from the Department of Justice.

The Section is extremely proud of our police program, and has placed an emphasis on technical assistance. In the past five years, the Section has written 19 technical assistance letters and provided hundreds of hours of on-site technical assistance to law enforcement agencies, large and small, throughout the country.

The Section’s work has had a significant impact and involved major city police departments in Cincinnati, Detroit, and the District of Columbia. The Section’s work recognizes the unique posture of each case, resulting in varied resolutions of our investigations. In the last five years, the Section has obtained 14 significant agreements, including four consent decrees.


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Posted: Jun 26, 2009 11:59pm

 

 
 
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Mary Neal
female, age 57, divorced, 2 children
Stone Mountain, GA, USA
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