Despite the statute of limitations, yes, it appears they can! Here is a copy of the 85-page lawsuit. In recent news, Malcolm X’s family sues the FBI, CIA, and NYPD for wrongful death, accusing the state actors of concealment of prior knowledge of the assassination of the former civil rights leader. Let’s learn more about the lawsuit with Ehline Law and our lead personal injury attorney, Michael Ehline.
Justice for Malcolm X as Grieving Family Steps Up After Decades-long Fallout
Malcolm X (born Malcolm Little), a prominent human rights activist during the civil rights movement, was supposed to speak at the Audubon Ballroom in Manhattan, New York, on February 21, 1965.
As the crowds eagerly waited for him to make the speech, someone from the audience threw a smoke bomb to create chaos among the people. At the same time, a gunman shot the leader in the chest with a sawed-off shotgun, leading to his early demise.
Startling News of Cover-up Surfaces After the Convicted Are Set Free
Following the event, the criminal justice system convicted three men for the killing of Malcolm X. However, in 2021, two of them were exonerated due to a lack of evidence.
According to Raymond Wood, an officer at the New York City Police Department (NYPD), the government agencies (NYPD, FBI, and CIA) worked together to cover up the details of the assassination.
In his letter, Wood revealed that he had received orders from the higher authorities to coerce Malcolm X’s security team to commit felonious federal crimes. This would give the officer a reason to arrest them, keeping the guards at bay from protecting the civil rights leader at the event in the Harlem neighborhood.
Malcolm X’s Family Sues FBI, CIA, and NYPD for Wrongful Death
On November 15, 2024, Malcolm X’s daughter, Ilyasah Shabazz, and other family members filed a wrongful death lawsuit against law enforcement agencies, including NYPD, CIA, and FBI. The plaintiffs seek $100 million in damages for failing to protect the civil rights leader.
According to the suit, systemic negligence and intentional actions led to decades-long cover-up of the assassination. The lawsuit filed in November states that the New York Police Department, FBI, and other government agencies were hand in glove in preventing the Shabazz family’s access to the courts.
In a press release, the affected parties remarked that the law enforcement agencies perceive Black activism as a national security threat.
Court Filings Reveal More Details About the Wrongful Death Lawsuit
The lawsuit alleges excessive use of force and deliberate creation of danger that led to wrongful death, as well as failure to intervene and protect the civil rights leader before the attack.
A Civil Rights Attorney, Ben Crump, Calls the Assassination of Malcolm X a Conspiracy!
According to civil rights attorney Ben Crump, who is representing the affected family, the concealment of truth made it challenging for the plaintiffs to pursue accountability. He spoke at a news conference in favor of Ilyasah Shabazz, stating that the law enforcement agencies prevented Malcolm X’s family from seeking justice.
Recent Allegations Expose the Law Enforcement Agencies and Their Decades of Negligence and Wrongdoings
State actors like the New York Police Department or the CIA are responsible for protecting the lives of the citizens in the United States. However, the recent allegations of rape by law enforcement officers and sexual assault carried out by trained military dogs have shaken the nation to its core.
The startling revelations have pulled back the curtains on these government agencies and how they operate. Maybe they conspired to assassinate Malcolm X. Perhaps they were also responsible for the assassination of Martin Luther King Jr.
Fortunately, the justice system allows affected parties to hold negligent state actors accountable, punishing them for their wrongdoings and preventing others from committing similar acts.
Statute of Limitations?
File Wrongful Death Lawsuit – State Actors in New York?
Under the law, the deceased’s children, spouse, or personal representative of the estate can bring a wrongful death lawsuit within two years following the death of the decedent. Although the assassination of Malcolm X happened in 1965, the recent 2024 lawsuit seeks accountability due to the discovery rule.
When previously undisclosed information surfaces, the statute of limitations begins from the point of discovery. Raymond Wood’s letter exposed how government agencies conspired to hide irrefutable evidence of suppressing black activism in the United States. This admission or accusation created grounds for the Shabazz family to sue the state actors.
Elements of a Wrongful Death Lawsuit Is Crucial!
To win a wrongful death lawsuit, the plaintiff must prove the following elements:
Duty of care
Breach of duty
Causation
Damages.
While the assassination of Malcolm X could fall under civil rights, the attorneys can also treat this case as a wrongful death. They must prove that the state actors owed the civil rights leader a duty of care, they were negligent in their actions, the breach resulted in the death of Malcolm X, and the affected parties suffered financial and emotional losses.
Lost Someone You Love From Negligence? Ehline Law Can Help!
Surviving family members often face challenges when pursuing a wrongful death lawsuit against state actors. Lack of disclosure, coercion by law enforcement agencies, and other dirty tactics could prevent affected parties from bringing civil action in the first place.
Fortunately, Ehline Law and our personal injury attorneys are ready to aggressively protect your and your family’s best interests. We have the skills, expertise, and resources to investigate a wrongful death and hold state actors responsible for your loss.
If you’ve lost a loved one in California due to another’s negligence, call us at (833) LETS-SUE to schedule a free consultation with an experienced personal injury attorney to discuss your case and learn more about your legal rights!
Our Marxist-run colleges can’t handle the truth and constantly say Hitler was right-wing. Let’s explore the reality instead of their propaganda. Before Der Führer’s rise to power in creating a totalitarian state similar to Stalin’s, there was a time in Adolf Hitler’s life when his views contradicted the ideologies professors say he later embraced (identical to communism).
“Iamasocialist,” “We are socialists” – Adolph Hitler
Educated historians KNOW that he was a communist during World War I, siding with the Bavarian Soviet regime, while others (mainly Marxist academics) describe him as an opportunist searching for his true calling. Here, we will simplify the explanations from both sides to reveal the untold story of his early ideology. I have included this well-researched video to dispel your brainwashing.
From Chaos to Control: The Führer’s Uncertain Path to a Totalitarian Nazi Germany State
Before joining the National Socialist Party in 1919, Hitler’s political run didn’t seem to have a direction, say the leftists. It was confusing and disorienting at best. In the book Hitler’s First War by Thomas Weber (a leftist “historian”), the author explains how the leader’s socialist agenda differed significantly from the realities on the ground (but his book is full of contradictions and half-truths, basically pro-Marxist propaganda).
Weber correctly states that if Hitler were hyper-nationalist or anti-Semite and cooperated with the regime to steer young Germans away from communism, he would’ve joined the many right-wing youths and done what they were doing in the country or become part of the Freikorps, secret paramilitary volunteer units.
Like his colleagues, Hitler could’ve resigned from his post then, but he didn’t. Nor did he do anything to overthrow the Weimar Republic regime in 1919. What many people fail to understand is that if Hitler was hiding his true colors, why didn’t the other men in his unit make statements about it later on? You won’t find the Führer bragging about this in his book Mein Kampf.
They claim young Hitler was likely confused at the time. He hadn’t learned about anti-Semitism and how it could be used as a political tool to gain leverage over others and steer the destiny of Germany on a path of his choosing. But in reality, he blamed Jews for ruining his communist party, as will be discussed.
After serving 2,050 days in the German Army, Hitler was formally discharged on March 13, 1920. Marxist professors claim this “freedom” gave him enough time to focus on the Nazi Party and political thinking (national socialism), creating policies that would arise from his contradictory impulses.
Hitler Was a Communist in 1919? Here Are the Facts!
In 1917, a German politician, Kurt Eisner, a Jew, joined the Social Democratic Party of Germany when the First World War peaked before being convicted of treason in 1918. After spending nine months in Stadelheim Prison, he was released in October that same year, starting a series of events that would topple the monarchy in Bavaria.
Eisner wanted independence and attempted to reform the capitalist system into a social one. He created the Bavarian Soviet Republic (BSR) during the German Revolution and led the state until his assassination in February 1919.
During this time, Hitler was elected as “Deputy Battalion Representative” and was voted by his fellow soldiers, meaning he best represented their COMMUNIST views.
However, the Bavarian socialist regime quickly became unpopular among the German people, as it had failed to maintain food supplies, provide jobs, or keep the transportation system functioning. Slowly, voices against Eisner emerged, mocking the German politician and his policies.
As hatred for the Bavarian leader spread across the country, Anton Graf Arco-Valley, an officer close to conservative right-wing circles, assassinated Kurt Eisner in 1919, right when he was on his way to resign. He had a huge funeral, and among the thousands of attendants, one that stood out the most was Adolf Hitler.
Surviving footage of the event shows Hitler marching in the funeral procession with a black and red armband, the former to symbolize mourning and the latter representing his support for the socialist revolution in Munich.
Now, the shocking fact revolving around this story is that Kurt Eisner was Jewish. It’s challenging to ascertain whether Hitler was truly supporting the Soviet Republic or whether he was taking an opportunity not to return to his impoverished civilian life before the war. In other words, Hitler was not anti-Jewish. He only became anti-Jewish when he concluded the Jewish leadership of the German communist party was ineffective in trying to make Germany a satellite of Russian Communism. Hence, as discussed, Hitler later wanted German national communism.
What’s even more interesting is that in Hitler’s biography, Mein Kampf mentions that a few days after the liberation of Munich, he was requested to appear before the Inquiry Commission, which started his political movements.
However, this was a lie, as he had been involved with the Bavarian COMMUNISTS and was a political representative, meaning he was already in politics. Instead of leaving Munich, Hitler took part in the so-called Jewish revolution, supporting Eisner even until the very end. College professors hate this truth.
Hitler Becomes a Member of the Communist Party in the Soviet Republic
After Eisner’s fall, Max Levien, a German-Russian communist politician and co-founder of the Communist Party of Germany, attempted to establish a Soviet-style system in Bavaria. Under his leadership, a new government elected Hitler as the representative for his battalion, making him a member of the Communist Soviet government with ties to Moscow.
“Iamasocialist,” “We are socialists.” – Adolph Hitler
During this brief period, Hitler not only supported the communist regime but also pledged his loyalty to a government that had allegiance with Lenin’s Soviet Russia. Like the Bavarian Soviet Republic, this government was also unpopular, as the communists decided not to help people experiencing poverty despite their ideology.
When food shortages heightened, people started to voice their concerns, demanding that the Soviets feed them. Sadly, the government’s response wasn’t what they expected.
“What does it matter? … Most of it goes to the children of the bourgeoisie anyway. We are not interested in keeping them alive. No harm if they die – they’d only grow into enemies of the proletariat.” – A BSR Government Representative
On April 27, 1919, Leviné’s committee resigned and reelected the Toller government to take charge of the Bavarian Soviet Republic. At the same time, the rival government, Hoffmann’s People’s State of Bavaria (seated in Bamberg), marched with 8,000 troops to take control of the region.
The two governments fought, but the 30,000 soldiers of the BSR army were too much for Hoffman and his supporters. He quickly made a deal with Lt. General Burghard von Oven, who lent him 20,000 Freikorps members, sealing the city’s fate. BSR fell, as more than 600 people lost their lives, and Leviné was arrested and shot by a firing squad.
Many historians continue to state that Hitler wasn’t a communist. Let’s consider that assumption for a bit. After reading all of the information about his political involvement in BSR, if Hitler was counterrevolutionary and hated the Jews, how come he was friendly with his colleagues, who were mostly Jews?
Even Weber doesn’t provide examples of antisocialist expressions that Hitler supposedly said, so we can’t be sure whether they were antisocialists or just the usual disputes within the socialist camp.
Hitler Turns to a Strong Resolve to Create a Nationalist (Communist) Government
After the regime ended in BSR, the newly elected government recruited Hitler for a post in the military administration’s information office. He would spy on people and political gatherings to identify those who threatened Bavarian authorities.
Hitler excelled in his training and soon became an instructor for the Reichswehr (German Armed Forces). He stood out as an effective communicator. The Military’s commander, Captain Karl Mayr, impressed with Hitler, asked him to elaborate on his views on Jews.
We know how hand-in-hand the soon-to-become Nazi leader was with the Jews in 1919. This time, his response was quite the opposite. He characterized them as a disease that needs to be removed from Germany.
On September 12, 1919, Hitler denounced a speech favoring Bavarian separatism. A few months later, he joined Deutsche Arbeiterpartei (DAP), which later changed to the National Socialist German Workers’ Party (NSDAP).
Once officially discharged from the German Army in 1920, he quickly rose through the ranks of the German Workers’ Party. By 1921, he became an absolute Führer (leader) of the NSDAP, further excelling his political movements. This eventually led to the Beer Hall Putsch and his arrest before he soon became a chancellor, assuming the powers of the presidency and leading the German nation on a newly set course against the Jews.
Historians argue that Hitler was an opportunist, which led others to believe he was a communist due to his unwavering support for the BSR regime in 1919. However, he could have easily revolted like the Freikorps and right-wing youth. Perhaps he was confused before branding himself as a German nationalist after Leviné’s fall.
Hitler Wasn’t a Communist. Another Interesting Interpretation of the Facts!
Far-left fact-checkers like Snopes use opinion-based “fact checks” to “prove” Hitler was not a communist. Some videos on the internet provide “facts” about how Hitler associated himself with the German communists. However, these portray the postwar period as incredibly simplistic when the reality Germans and Hitler faced was far more complex.
When Hitler’s colleagues chose him as a Deputy Battalion Representative in the elections, it is possible that he would’ve spoken in favor of the views of the socialist governments among his ranks. This would’ve garnered support from other soldiers.
Weber’s (a hard-core academic Marxist) book paints a poor picture, trying to convince readers that Hitler was an opportunist and not a communist by interpreting fragments of information or evidence. At best, according to Weber, he may have flirted with various left-wing politics and political parties in Bavaria but was far from an active participant.
Historians like Ian Kershaw and Volker Ulrich argue that Hitler may have formed his Weltanschauung when he was young, and the war acted as a catalyst for his preexisting ideas of nationalism, anti-Semitism, militarism, and hatred of Russian or Jewish socialists.
Adolf Hitler never kept a diary or recorded his internal thoughts. The sliver of evidence is skinny, meaning it can be used to tell either side of the story.
Hitler and the Emergence of Anti-Semite Views
Hitler hated “Jewish communism” and was not the father of anti-Semitism. We wanted his own version of German communism. Although he may have hated the Jews later after his bad experience with Marxists, this type of discrimination and prejudice existed long before he began his political movements.
During the nineteenth century, Jews faced persecution across much of Europe for religious reasons. However, religion played a minimal role in shaping public perspectives in Germany. Politicians would use the “race” card to rally the people and achieve their agendas.
The German people were against the Jews not because they were not Christian but because the Jews were of a different “bloodline.” To the locals, they were an unacceptable race that had infiltrated the country.
In his book Mein Kampf, Hitler writes that he became an anti-Semite due to the long personal struggle he experienced throughout his life. Perhaps his aversion to everything Jewish gradually began during his time as a painter in Vienna (1908-1913). This seems highly unlikely, as Samuel Morgenstern, a Jew, was his most loyal buyer.
Historians provide differing explanations for the reasons behind Hitler’s anti-Semitism. Some say he hated the Jews due to trauma from a poison gas attack during World War I, while others argue that he contracted a venereal disease from a Jewish prostitute. There is no evidence to support either of these claims.
That said, it seems more plausible that Hitler was deeply dissatisfied with losing the war. Some historians believe he blamed the Jews, social democrats, and communists for betraying the German people, which he felt ultimately led to their defeat. This could explain the emergence of his anti-Semitic political views after 1919.
Government agencies protect citizens’ civil rights, ensure their safety and security, and defend their rights (mentioned under the US Constitution). They have the power to control petty crime, reduce terrorism, and protect the country’s national security.
Unfortunately, the United States citizens have lost hope in their government agencies due to the shocking revelations that have lately surfaced. For example, recent reports of rape and trained dog sexual assaults carried out by the Central Intelligence Agency (CIA) have shaken the nation to its core.
What happens when the government agency you trust with your life is out there to exploit you and your liberty? Can CIA agents use their powers to brandish a new form of justice? This guide will go over the horrors and disgusting acts perpetrated on people by federal agencies and the US laws that protect its citizens.
Unethical, Brutal, and Disgusting: Gripping Stories of CIA Officers Violating Federal and State Law!
For years, federal agencies and government officers have abused their powers and violated the Civil Rights Act, torturing, killing, and raping prisoners and even innocent civilians.
Here are some incidents that have recently made it into the limelight:
Longtime CIA Officer Who Appeared “Kind” Sentenced to 30 Years in Federal Prison Wednesday
On September 18. 2024, US Senior Judge Colleen Kollar-Kotelly heard all of the evidence presented by the prosecutors before sentencing longtime CIA officer Brian Jeffrey Raymond to 30 years in federal prison. This is the most egregious misconduct case in the federal agency’s history.
According to the prosecutors, Raymond’s sexual assault spree can be dated back to 2006. He would lure women from online dating apps and websites to his government-leased apartment. Raymond would offer them wine and snacks, which would contain sedatives.
The former official would then subject the victims to constant abuse. He would start by stripping them naked and photographing them for hours before assaulting them. During the court hearing, dozens of women came forward and explained their encounters with the ex-CIA officer. What’s even more shocking is that some didn’t have a recollection of these incidents, but Raymond had pictures of them being unconscious and abused.
The victims told the court how Raymond and his illicit acts left them traumatized, adversely impacting them psychologically in every aspect of their lives. This is not the first reckoning of sexual misconduct at the federal agency.
Although the CIA has continued to condemn the crimes committed by Raymond, it seems like the federal agency won’t stop at nothing to protect its own. Even after the former officer pleaded guilty last year, the prosecutors have remained silent about the list of countries where he had assaulted women.
A CIA Office Trainee Faces Trial for Dozen Cases of Sexual Misconduct
As the judge sentenced a veteran CIA officer, Brian Jeffrey Raymond, to 30 years in federal prison, another sexual assault case involving a CIA trainee officer awaits trial. According to legal documents, the recruit sexually assaulted dozens of women at the federal agency’s headquarters in Virginia.
Before the hearing, more than a dozen women came forward. They alleged sexual assault and abuse at the hands of the trainee CIA officer and how the federal agency attempted to silence them.
What’s shocking is that the full extent of such traumatic incidents is not known. The federal agency continues to shield itself and its officers in the name of national security. A 600-plus internal report identifies the shortcomings in handling such complaints.
Shocking News of the US Military Using Dogs to Rape and Sexually Assault Prisoners Surface!
When the United States Army entered Afghanistan, there was a veil of mist covering the acts of the officers deployed at the Bagram Airfield, US Airforce Central Command in Afghanistan. However, accounts of sexual assault and other torture techniques gradually surfaced, revealing the horrors exerted on the Afghan prisoners.
In October 2007, Flint Waters, an investigator at the Internet Crimes Against Children (ICAC) Taskforce, testified before Congress about the traumatic pictures he had seen. He explained how a six-year-old girl was tied to a fallen chair and being raped by a trained military dog. At the time, it was unknown where this incident had occurred.
Emran Feroz published an article in December 2014 that shocked the entire world. He had interviewed Jack, a private security contractor in Afghanistan, who made a comment that would startle the journalist. He said that seeing people getting sexually assaulted by dogs wasn’t his thing.
According to Jack, he and his colleagues had the power to manipulate government agencies and politicians while defending their unconventional torture tactics.
US soldiers would bring in Afghan prisoners and tie them to small chairs before letting trained dogs take their turns on them. What Waters found in 2007 was similar to Jack’s description of the torture techniques.
“In December 2014, Emran Feroz published an article, ‘Were NATO Dogs Used to Rape Afghan Prisoners at Bagram Air Base?'”
The Arrest of Former CIA Chief Reveals Dark and Severe Interrogation Techniques
The recent crackdown on child pornography in the United States has pulled back the curtains on the US military and its involvement in Afghanistan. In 2008, an American Civil Liberties Union (ACLU) ‘s Freedom of Information Act (FOIA) request revealed anal rape and sexual assault by dogs as a torture technique in Gardez.
Authorities arrested former CIA Chief of Station, Andrew Warren, in Algeria in April 2010, sentencing him to more than five years in federal prison for pleading guilty to sexual assault charges, among others. According to the Diplomatic Security Service, it had found child pornography on Warren’s government computer.
In a 2013 Rolling Stone article, Michael Hastings mentioned how the US military used Warren to torture Afghan prisoners, trying all tactics from electrocution to kicks, punches, prying toenails, and sodomy. A year later, a 2014 BBC report revealed how tourists in Kenya loved to involve dogs during child rape.
The recent crackdown on storing and distribution of child porn has led to arrests of US military staff, including retired CIA and federal government officers. It doesn’t take much to connect all of the puzzle pieces to know that those with power will do everything to suppress information, whether it’s threatening federal prosecutors or hiding documents to protect the disgusting acts carried out by the officers at the Central Intelligence Agency.
Can I Sue the CIA for Trained Dog Sexual Assault?
The answer to this question is more complex. While you may be able to sue the CIA under certain circumstances, the federal agency has immunity in most cases.
Legal Protections for CIA and Government Agency Officers in the United States
When using government agencies, including the Central Intelligence Agency, it’s essential to understand that they have certain legal protections under the law, which can make it challenging to pursue civil action. One of these protections is sovereign immunity.
After the Supreme Court ruling in Price v. United States, injured victims cannot sue government agencies, including the Central Intelligence Agency, without their consent. While the Federal Tort Claims Act allows affected parties to bring a lawsuit if a tortious act by a federal employee causes damage, it may not apply to the CIA or other military units.
Another thing to remember is that the Central Intelligence Agency may shield its officers by hiding behind state secrets privilege. This legal doctrine protects sensitive national security information from civil lawsuits. It allows the government to withhold particular details or even dismiss the case in the name of national security.
There is also qualified immunity that victims need to consider. It’s a legal doctrine that lets a government official, including a CIA officer, off the hook for performing their duties. This is a highly controversial law, as federal officers have sought refuge behind this in cases involving police brutality, fatal shootings, and sexual misconduct because victims need to clearly show that the defendant violated their federal civil rights laws.
Can Victims Sue a Current or Former CIA Officer for Violating Their Civil Rights?
A former CIA officer or a current government official cannot violate a US citizen’s federal civil rights. If that happens, the law allows victims to pursue legal action to recover compensatory damages. While this may seem pretty straightforward, holding federal agencies like the Central Intelligence Agency accountable is incredibly challenging due to the many legal protections it enjoys.
During the early 1970s, the Federal Bureau of Narcotics (FBN) agents raided Webster Bivens’s home without a warrant. They also filed drug charges against him, which the magistrate judge dismissed at the time.
In response to the illegal search, Bivens filed a lawsuit against the federal officers. The Supreme Court, in the Bivens v. Six Unknown Named Agents (1971) case, argued that the plaintiff had the right to bring a civil action to recover damages in situations where no federal remedy is provided in the event of constitutional rights violations.
Although the apex court upheld the victims’ rights to obtain compensation for the damages arising from the violation of the Fourth Amendment, it has also limited the application of Bivens v. Six Unknown Named Agents (1971) in recent lawsuits.
As of today, the Supreme Court has only upheld Bivens claim three times, and these are as follows:
Bivens v. Six Unknown Named Agents (1971) for the use of excessive force during arrest
Davis v. Passman (1979) for sex discrimination in federal employment
Carlson v. Green (1980) for inadequate care in prison
According to the Supreme Court, any lawsuit that is not similar to the abovementioned cases will require intervention from Congress. In the Ziglar v. Abbasi (2017) case involving foreign immigrants held at detainee camps after the 9/11 attacks, the court stated that the ruling in Bivens v. Six Unknown Named Agents (1971) could not be extended to the federal officials’ detention policy.
Another instance where the Supreme Court declined to extend Bivens v. Six Unknown Named Agents is the Egbert v. Boule (2022) case involving a border patrol agent, Erik Egbert, and an inn owner, Robert Boule. The plaintiff argued that the federal officer used unlawful force to harass him.
Unfortunately, the Supreme Court didn’t side with the victim, claiming it could not extend the causes of action, allowing Boule to sue for violating their rights to First Amendment retaliation.
Does a Trained Dog Sexual Assault by the Central Intelligence Agency Constitute a Federal Civil Rights Violation?
Acts of torture, rape, or trained dog sexual assault are a violation of federal civil rights, whether a longtime CIA officer or a federal government official carries it out. Here are the different protections the US Constitution provides victims in such cases:
Fifth Amendment: The Fifth Amendment has several clauses, including the Double Jeopardy and Self-incrimination clause, protecting US citizens from violating their liberty, life, and property without due process unless a grand jury indicts them.
Eight Amendment: The Eight Amendment protects US citizens against excessive bail, torture, usually cruel punishments, and inhuman treatment.
International Human Rights Law: The United Nations Convention Against Torture protects victims from severe torture, including rape and sexual assault, and requires states to ensure a remedy for such actions in their legal system.
What Should a Victim of Sexual Assault at the Hands of a CIA Officer Do?
While the US Constitution protects its citizens from harm by government agencies, sovereign immunity and other laws protect CIA officers and federal officials. Unless the affected party can prove the violation of its rights with concrete evidence, it’s incredibly challenging to hold the perpetrator accountable. In addition, legal recourse for non-US citizens or those tortured outside of the United States remains limited.
That said, US victims should not accept defeat and instead work with an experienced personal injury attorney to ensure justice and compensation. Government agencies have settled several lawsuits due to fear of public scrutiny. You may more likely hold these organizations accountable with a reputable law firm.
Ehline Law and our experienced personal injury attorneys have the skills and resources to protect injured victims and hold federal government agencies responsible for the damages caused. Whether it’s a former CIA officer or a rogue law enforcement official, our team is not afraid to gather enough evidence and bring legal action for the emotional distress or injuries caused.
Don’t Wait for Justice. Protect Yourself and Take Control of Your Life with Ehline Law!
If a federal agency or its employee has violated your rights in the United States, you should act quickly, as you may not have enough time to bring a lawsuit. This could bar you from seeking justice and compensation.
Call us at (833) LETS-SUE to schedule a free consultation with an experienced legal counsel to discuss your case and learn more about your legal rights!
The shooting in Las Vegas is back in the headlines now that Sean Combs is in jail. Assuming the new evidence is true, Tupac Shakur’s family could sue Sean “Diddy” Combs. I am Los Angeles wrongful death attorney Michael Ehline. I grew up surfing in Orange County and listening to NWA, Dr. Dre’s Chronic, Snoop, punk rock, etc. I had a Jeep with 12-inch Rockford-Fosgate Woofers and a few thousand watts of amps. The girls at Brookes College loved me, and I even saw Snoop and Nate Dogg at the local Bally’s Health Club in Long Beach.
So, I have always been connected to anything related Sean Combs, Death Row, Bad Boy, Snoop, etc, since I was young. The murder investigation of rapper Tupac Shakur has finally yielded a significant development, implicating record producer Sean Combs, founder of Bad Boy Records.
The 25-year-old “Tupac” passed away September 13, 1996, in a Las Vegas emergency room six days after receiving fatal shots from multiple assailants. His shooting murder seems like it may be close to solved, which has Sean Combs on the defense. In this unsolved case, the arrest of former Crips Gang Member Duane “Keffe D” Davis carries both civil and criminal implications. But now the Sean Combs connection is growing stronger.
Purpose of this Article?
I wrote this comprehensive article because I saw it as a helpful way to explain multiple jurisdictional and statute of limitations issues Tupac’s survivors will likely face when they sue Sean Combs (of course, Combs has has always denied any involvement in Shakur’s murder case). For example, can they pursue a wrongful death action against implicated shot caller Diddy, aka Sean “Puffy” Combs, for Tupac’s Murder? As a lawyer and fan of Biggy and Tupac music, I figured I should write something about Shakur’s case and the legal ramifications for Pac’s surviving family.
How Was This Content Made?
I created this content using police interview transcripts from Nevada, Los Angeles, and New York, legal practice guides, news articles, published witness statements, and suspect interviews. I then integrated the facts with my advanced knowledge of wrongful death litigation. I also used general core legal principles I learned from world-class attorneys like attorney Michael J. Piuze and Gary Dordick, Esq.
I have almost two decades working exclusively on catastrophic injury claims in Los Angeles County, CA, which was very useful in helping me diagnose the facts related to Tupac’s 1996 shooting murder in Las Vegas, Nevada. Although I am licensed to practice wrongful death law in California and Texas, this comprehensive guide is designed to cover general principles, as a law school or bar exam might cover.
Conspirators Met in Los Angeles, New York, and Las Vegas?
Although any potential wrongful death case will likely be prosecuted civilly in the State of Nevada, the case reverberates across many jurisdictions back to California and other states. The locations and alleged events leading to Pac’s Murder occurred in many jurisdictions. “Claims of Diddy being involved in Tupac’s murder can be dated back to over a decade ago. Kirk Burrowes, who is godfather to one of the Bad Boy Records founder’s sons, “implicated [Diddy] in the murder of Tupac” in a $25 million lawsuit that he filed…” So, this case has been going on forever. Ultimately, I will share some secrets you must know to obtain maximum compensation in a CA wrongful death lawsuit.
New and Damning Evidence
It appears older court documents, as well as proof of a 2009 interview, have re-appeared. The Las Vegas Metropolitan Police think that Diddy offered a $1 million payout to kill Shakur before his 1996 murder.
The surviving family hired a team of investigators, including celebrity lawyer Alex Spiro. Their mission was to see if the evidence was legitimate. And it looks like they have enough to bring a wrongful death and survival vacation against Diddy, especially since more witnesses are coming out with more information.
Las Vegas Police Not Investigating?
It doesn’t seem so, and additionally, we called the LVMPD, and my sources confirm that Diddy has never been and is still not a suspect in Shakur’s murder. However, the rumors that Sean Diddy Combs paid his drug dealer, Eric Von Martin, a million dollars to off Tupac and that Combs may have killed Christopher Wallace, “The Notorious B.I.G.,” are picking up steam. So it may not have been Crips gang leader Duane “Keefe D” Davis acting alone, according to new theories.
It has been “… suggested that Sean Combs paid Eric Von Martin a million dollars for the killings as well as offered to set up a surreptitious phone call with Terrence Brown, the driver, who, at the time, was still alive.”
With Diddy Freak Offs and all the other scandals, police may get some fresh leads. Diddy’s past is on full display, and his cohorts are fleeing from him like cockroaches looking for a plea deal. As more people provide evidence, it could be curtains for Sean Combs. If Sean Combs paid Von Martin or someone else, it seems it is only a matter of time before the truth comes out.
Differences Between Wrongful Death and Murder?
The main difference between wrongful death and a murder crime lies in their legal definitions and implications:
Wrongful Death Lawsuit (Civil Action)
Wrongful death is a civil legal term used to describe a death due to someone’s negligence or criminal act. It typically involves a civil lawsuit filed by the surviving family members or beneficiaries of the deceased against the responsible party. It is a lawsuit filed to obtain compensation on behalf of survivors for the loss of their loved one after a reckless or negligent killing. The object is to cover damages, including lost income and emotional suffering. A survival action, discussed here, is a bit different.
Murder Crime (Criminal Action)
Murder is a criminal offense surrounding the unjustified killing of one person by another. A murder can be a negligence homicide, or in the First Degree, with malice aforethought.
First-Degree Murder: Usually accompanied by premeditation and malice aforethought. (Did the killer have the intent to kill and plan it?
Second-Degree Murder: No premeditation is required, but it still requires the intent to kill or an action that demonstrates a reckless disregard for human life.
Voluntary Manslaughter: Voluntary manslaughter is an intentional killing without premeditation or malice aforethought, often occurring in the heat of the moment or sudden quarrel.
Involuntary Manslaughter: This crime happens when a person unintentionally causes the death of another via negligence, recklessness, or an unlawful act not rising to a felony.
Negligent Homicide is an unintentional killing resulting from criminal negligence or recklessness. (A bystander killed in a drive-by would be an example.)
State or government individuals prosecute murder cases. The defendants are subject to criminal law and criminal court proceedings to determine their guilt or innocence. If found guilty, courts impose criminal penalties, including imprisonment, fines, restitution to survivors, and sometimes the death penalty. The object is to punish the offender for their criminal act.
Potential survival actions are also discussed in the video here. In both cases, the goal is not to punish (but in egregious cases, the court can award punitive damages to the lawful survivors entitled to sue. Not just anyone can sue; only survivors of someone who died due to another person’s negligence or wrongful actions are legal plaintiffs.
The plaintiffs in a civil action have some leeway to sue and may not be required to sue in a Las Vegas court. But generally, a claim should be filed in the state where the incident occurred. However, some exceptions exist where you can sue in another state. Here are some rules about jurisdiction and venue when suing for wrongful death. In summary, unlawful death actions aim to provide survivors with total and fair compensation, whereas a murder rap seeks to punish the offender for their criminal activities.
Here, we know from a prior case filed in 1997 by Tupac’s mother, Afeni Shakur, against Orlando Anderson on September 12, 1997, for this wrongful death. (discussed in the timeline below.) However, any entitled heirs and personal representatives can file a wrongful death lawsuit or join such a claim. (Watch the video here to learn about parties entitled to sue for wrongful death.) Near the end, we will get into liability, damages, and potential statute of limitations problems. So, let’s get into the new revelation about who killed Tupac and its implications civilly and criminally for Diddy.
The Facts About Shakur’s Murder
A Nevada grand jury indicted Duane “Keffe D” Davis with Murder using a deadly weapon in killing rapper Tupac Shakur, marking the first arrest in the 27-year-old case. Davis was a ‘”leader and ‘shot caller‘ for the South Side Compton Crips gang.”‘ The investigation began on September 7, 1996. While there has been progress, Sheriff Kevin McHahill of the Las Vegas Metropolitan Police Department noted that it is still ongoing and has involved decades of effort by the homicide team. Here’s a summary of the investigation, from Shakur’s fatal drive-by shooting to Davis’ recent arrest.
November 1994: Tupac Shot and Robbed at a New York Hotel
In November 1994, two years before his tragic death, Tupac Shakur was a robbery victim inside a midtown Manhattan hotel. Shakur sustained multiple gunshot wounds and was robbed of $40,000. The wounded rapper publicly accused fellow rapper The Notorious BIG of this hit. Sean “Diddy” Combs and Biggie vehemently denied advanced knowledge of the hit.
Henchman Admits Hit to Kill Shakur
In 2011, Dexter Isaac, who was serving a life sentence in a New York prison for an unrelated crime, came forward with the claim that music executive James “Henchman” Rosemond had paid him to commit a robbery against Tupac Shakur and that he had shot the rapper during that robbery. Henchman ultimately admitted his involvement here.
Isaac is still serving a life sentence for an unrelated robbery and killing. It does appear, however, that there is a connection to Puffy, sex with minor males, and the “Henchman” discussed here. Either way, Pac thought he was targeted by Biggie and, by extension, his record label.
1996 – Pac Claims Revenge Sex With Biggie’s Wife
Allegedly, the still vengeful and enraged Pac had scandalous sex with Biggie’s woman, Faith Evans, when she went to Pac’s abode after recording “Wonda Why They Call U Bitch.” This appears to have been part of an East Coast, West Coast rap feud, profoundly dividing the hip-hop community and fans. I remember gang bangers supporting Pac and West Coast rap even in Huntington Beach, CA. It was terrible from Los Angeles to New York, with iconic rapper Biggie making raps that Cali was [only] “… a great place to visit.” (See the video.)
Most people don’t know that Pac was actually from the east coast, so it’s not ironic that Pac would be shot by a leader of the South Side Crips from Los Angeles after a Mike Tyson fight in Vegas. Ironically, the head of a company called Murder Inc., “Puff Daddy,” could be convicted and spend time in Las Vegas, Nevada, for a crime that would have expired had it been carried out in New York! I hope my readers are getting all of this.
September 7, 1996 – Facts Leading to Fatal Drive-By in Vegas
These are the basic facts and conclusions as reported then.
The Hotel Fight
Following the fight, Shakur and his associates got into a fight at the hotel with a group that included Duane “Keffe D” Davis and his nephew Orlando “Baby Lane” Anderson, with whom Shakur had previous conflicts. Surveillance video showed Shakur and Knight involved in a physical altercation with Anderson near a bank of elevators.
See Suge Kick Anderson’s Video Here
The Alleged Retaliatory Drive-By Shooting
Suspects Davis and Anderson were associated with the South Side Compton Crips, a Southern California-based gang rivaling Knight’s Blood-affiliated gang, Mob Piru. Later, Tupac Shakur was shot in a fatal drive-by shooting while traveling in a black BMW driven by Death Row Records founder Marion “Suge” Knight. Shakur’s entourage consisted of about ten cars. As the story goes, they were pulling out after watching Mike Tyson fight at the MGM Grand.
One person in a white Cadillac opened fire, striking the passenger side of Knight’s car with bullets. Tupac was in the passenger seat. Pac was shot four times and at least twice in the chest. A bullet fragment grazed Knight or shrapnel from the car. When I was younger, many rappers would complain they thought Suge was involved since he wasn’t killed, too, but I don’t think so.
At a news conference on September 29, police alleged that Davis was in the Cadillac’s passenger seat. Vegas PD claims he provided a gun to a man in the back seat. They then claimed that the motive was retaliation for the earlier casino fight. Shakur was immediately taken to a hospital, where one of his lungs was removed, and he remained on a respirator in intensive care till he died six days later at 25.
November 1996 – Witness and Insider Yaki Kadafi Shot Dead
Two months after Tupac Shakur’s death, on November 10, 1996, Yafeu Fula, also known as Yaki Kadafi and a member of Shakur’s rap group Outlawz, was shot and found dead at a housing project in Orange, New Jersey, as reported by the Los Angeles Times. Fula had been traveling with bodyguards in the car behind Shakur’s on the night of the rapper’s death and may have been able to ID the killers.
March 9, 1997 – The Notorious BIG Shot Dead By Marion “Suge” Knight?
Maybe. In retaliation, it is alleged that Marion “Suge Knight” hired Bloods gang member Wardell “Poochie” Fouse to take out Smalls for $13,000, according to Detective Kading; more about him is below. Kading thinks he secured a verifiable confession from Keffe D, as he faced serious charges for another crime. So he knew any deal would be off the table if caught lying. Only time will tell if this information pans out, however.
1997 – Tupac’s Mom’s Lawsuit Against Orlando Anderson
Following Tupac Shakur’s death, there were legal actions involving Tupac’s mother, Afeni Shakur, and Orlando Anderson:
On September 12, 1997, Afeni Shakur filed a wrongful death lawsuit against Orlando Anderson, alleging that he was responsible for the shooting death of her son.
Before this, Anderson claimed that he was assaulted by Tupac and several employees of Death Row Records in the lobby of the MGM Grand Hotel just hours before Tupac was shot. Anderson denied involvement in Tupac’s killing.
Tragically, Orlando Anderson died two years later in an unrelated gang shooting in Compton, California.
In the following years, the estates of Tupac Shakur and Orlando Anderson engaged in legal battles and counterclaims. Anderson’s estate alleged that Tupac’s estate had not fulfilled a promised payment of $78,000. Anderson’s family filed a breach-of-contract lawsuit against Tupac’s estate.
Eventually, the estates of Tupac Shakur and Orlando Anderson reached a settlement to resolve the lawsuits they had filed against each other. The exact terms of the settlement were not disclosed, but it marked the end of the legal disputes between the two parties.
2011 – “Diddy had Tupac killed, Retired LAPD Detective Claims”
As far back as 2011, a retired Los Angeles Police Department detective named Greg Kading alleged that music mogul Sean “Diddy” Combs paid $1 million to hire a Crips gang member to plan the murders of rapper Tupac Shakur and his manager, Marion “Suge” Knight.
Kading, who once led a special LAPD task force investigating the decades-old shootings of Shakur and The Notorious BIG (Biggie Smalls), suggests that Biggie Smalls’ killing was in retaliation for Tupac’s death.
2015 “Murder Rap” Book Based Documentary
The retired detective’s claims are featured in the documentary Murder Rap, based on Kading’s 2011 book of the same name. The film premiered in 2015 and is currently available on iTunes.
February 2018 – Netflix True Crime Bombshell
In 2018, Netflix aired “Unsolved: The Tupac and Biggie Murders,” a true-crime anthology series. This series examined separate investigations into the shootings of Tupac Shakur and Biggie Smalls. This generated renewed interest in the investigations surrounding Tupac Shakur’s death and, by extension, Shakur’s estate. The investigation gained momentum and appears to have impacted the ongoing efforts to solve the Murder. But Vegas PD says they have always had this as a top priority to solve.
July 2023: Duane Davis’ Wife Raided After Admissions in Memoir
In a 2018 BET interview, Duane “Keffe D” Davis admitted to being in the vehicle’s front seat from which Tupac Shakur’s shooters fired. He also implicated his nephew, Orlando “Baby Lane” Anderson, stating that Anderson was one of two people in the backseat of the car. Davis indicated that the shots were fired from the back of the vehicle but did not explicitly name the shooter, citing adherence to the “code of the streets.”
Davis provided more details about his involvement in Tupac Shakur’s death in his 2019 memoir, “Compton Street Legend.” In the book, he stated that he broke his silence about the rapper’s killing in 2010 during a closed-door meeting with federal and local authorities. This decision came when he was 46 and facing life imprisonment on drug charges. Davis agreed to cooperate with authorities during this meeting.
In July 2023, approximately four years after the memoir’s release, Las Vegas police conducted a raid at the home of Davis’ wife in Henderson, Nevada. The police reportedly searched for items related to “the murder of Tupac Shakur.” During the search, they collected multiple items, including computers, a cellphone, a hard drive, a Vibe magazine featuring Shakur, .40-caliber bullets, two containers with photographs, and a copy of “Compton Street Legend.” These items were said to corroborate information obtained through the ongoing investigation.
September 29, 2023 – Duane Davis Arrested for Tupac Shakur Murder
Davis was arrested on September 29 while he was on a walk near his home. Chief Deputy District Attorney Marc DiGiacomo stated that Davis’ murder indictment was revealed shortly after the arrest. It was also mentioned that a grand jury had been seated in the case for “several months.”
In a press conference on the same day, Clark County District Attorney Steve Wolfson acknowledged the significance of the arrest. He noted that Tupac Shakur is a music legend, and the local and global communities had long-awaited justice for Tupac. Wolfson emphasized that this arrest marked the first step in pursuing justice.
The fallout is unclear, but Puffy looks like he is in trouble. He could try to flee to a country that does not allow extradition. This is typical of child molesters and other scofflaws to escape justice. However, it remains to be seen if Diddy would flee to a place like Switzerland or lawyer up and fight the charges after he gets arrested and deported to Las Vegas, Clark County, Nevada.
So now, let’s talk about the wrongful death case and how it could potentially play out.
Statute of Limitations Problems for Shakur Family or Estate Suing for Wrongful Death?
In New York and Nevada, the statute of limitations to sue for wrongful death cases is generally two years from the date of the person’s death. However, specific circumstances could affect the timeline in each state. Assuming a case could be brought in New York, the main difference would seem to be the discovery rule.
What is the Discovery Rule in a Negligent Death Claim?
The Discovery Rule is a legal doctrine that extends the statute of limitations to file a negligence claim with a court. It varies in existence and scope from state to state. It allows the clock on the statute of limitations to begin when the plaintiff (the person bringing the wrongful death claim) discovers or reasonably knows the cause of death or the relationship between it and the defendant’s alleged negligence or recklessness. New York does not broadly apply the Discovery Rule for wrongful death claims, but Nevada does.
Here, the plaintiffs will argue that they tried to sue the correct defendants they did know about, and when the police investigation revealed a confession, they could have sued Puffy. Diddy will counter that Tupac’s family knew about his involvement from books and news articles so that they could have sued him then. As such, especially in New York, he could argue that two years have passed since this was public information.
But it’s a stretch. This case could be brought in NY. Here, a Nevada court will likely side with the survivors and allow any lawsuits to proceed from the “date of discovery.” The date of discovery may not be ticking now. Right now, all we know is Puffy may be connected. Despite the swirling, perhaps untrustworthy confessions of a former gang member, we don’t see him arrested or indicted. Because of this, it could be too early to file a lawsuit against Puffy, but if it were me, I sure would! The overwhelming evidence we have investigated seems to lead to Diddy or his entourage.
It is noted that Diddy would likely be in a Clark County State Prison during the pendency of any civil death claims. Litigating a case with a defendant in prison isn’t easy, so the Shakur family must obtain top-notch legal representation against Diddy in managing such a delicate situation.
Conclusion on Suing P Diddy for Wrongful Death
Above, we have seen compelling evidence and details that Sean Puffy Combs may have been involved in the drive-by shooting death of Tupac Shakur. Whether he is convicted of Murder or not, as in the OJ case, the victims can still sue Diddy for wrongful death and perhaps as a survival action. Statutes of limitations in the murder case, as well as the wrongful death claims, were discussed. Do you think a lawyer can prove wrongdoing to the judge or jury that Diddy and the Crips worked together to take out Pac? Is Puffy a murderer? If you think we missed something, put it in the comments.
Nationwide, specifically in New York City, nursing and adult care abuse remains common. Often it’s in the form of emotional mistreatment, physical harm, or financial scams. But civil advocates called elder abuse attorneys to fight for aging people. In particular, they can file elder abuse cases in civil court (learn more). There are also City Attorneys and Prosecutors who prosecute the worst abuses. But the need far outweighs the public resources available to fight it.
What Are Some Facts About Elder Abuse?
After Hurricane Sandy, it only took a short time before Jeanne Zieff, a Staten Island social worker, began seeing the fallout. Before Thanksgiving, Zieff counseled an 88-year older woman who had recently received an $8,000 FEMA check for storm damage.
Sadly, her life as an adult daughter and adult grandchildren made her give them the FEMA check. In another example, Zieff says an elderly grandmother loaned her granddaughter a room in her house. Important here is that the young woman’s basement apartment had flooded. So she needed a favor. But she refused to leave home and caused a lot of mischiefs.
What is the New York Elder Abuse Program?
Five non-profit agencies run city-funded elder abuse programs. Zieff is the elderly abuse program coordinator for the Community Agency for Senior Citizens. Zieff said she discussed the situation with the 88-year-old woman and explained she has the right to say “no.” She did a lot of role-playing with the woman so she would remain firm in asserting herself.
And she told the abused woman to call her first if anyone asked her for any more money. The Staten Island social worker then visited the older woman’s home, where she said the interlopers were not happy to see her. Also, she told the woman’s daughter that the FEMA check was made out to her mother, not her. And she also told the younger woman that her mother uses the money however she wants.
Working The Civil Servant
But according to Ziff, whether there is stormy weather or not, she and several coworkers work on at least 30 cases of elder abuse every month. She said their program is the only program on Staten Island to assist abused senior citizens. The social workers run into issues of physical neglect, financial exploitation, sexual abuse, domestic violence, and verbal and emotional mistreatment.
Even with the groups and agencies uniting to raise awareness of the increasing elder abuse problem and developing strategies to battle it, they are at risk. These programs’ funding was recently subject to cuts, even though they were once assumed to be included in the city budget. They are now faced with yearly campaigns to renew their contracts.
One agency director said this means operating for months without the help of city money. We have all heard the stories of attorneys being forced to hire their court reporters and the shortened workweeks of the public employees of Los Angeles County and the State of California. It is no different in the State of NY either, says nursing abuse lawyer Michael P. Ehline, Esq.
Under Funding of Senior Centers
The director of public policy for the Council of Senior Centers and Services, Bobbie Sackman, said that the programs now receive $800,000 a year in discretionary City Council funding for approximately 300 senior centers in five boroughs. Sackman said they are severely under-resourced when looking at the size of the area that must be covered and the intensity of the cases.
The Under-Reported Crisis
Social workers operate with a small staff and modest funding while facing rising caseloads. The social workers are conducting intensive casework. And in some instances, it means listening for hours in counseling sessions. They also make daily home visits, accompany clients to court hearings and the bank, and stay in touch with other agencies.
One of the agencies includes the Adult Protective Services or NYPD. They also hold outreach sessions for senior centers, first responders, police precincts, religious organizations, hospitals, bank tellers, and others to educate them on the signs of elder abuse and how to get help or make referrals.
Elderly Abuse a Public Epidemic?
The professionally trained workforce remains the eyes and ears for the city’s elder abuse problem. So they can work with the emotional and practical side skillfully. Plus, they can help provide support and other needed help.
The director of the elder abuse and police relations unit at the Carter Burden Center for the Aging on Manhattan’s Upper East Side, Ken Onaitis, said one coworker and he covers half of Manhattan. He said they manage between 40 and 50 ongoing cases. Plus, he said they take on approximately 15 new patients every month. Those who work with senior citizens claim that Elder abuse is a hidden public health crisis. They say no class or ethnic group is immune to this type of abuse.
Unreported Cases
Zieff says that this is one of the most under-reported crimes. He asserted that approximately ninety percent of the time, the senior’s children commit the crime. She said when your child commits a crime; it involves many issues. She said the first is denial, and then the older adult does not want to tell their child is stealing from them. There is a feeling of embarrassment and the urge to protect them.
In New York state in 2010, a study was conducted on the prevalence of elder abuse carried out in part by the city’s Department for the Aging. They determined that for every elder abuse case known to the elder abuse service system, as many as 24 points go unreported.
In New York City, approximately nine percent of the residents are age 60 or older, which equals about 120,000 seniors who experience some form of elder abuse within a year. The study found that older seniors suffered a higher rate of elder abuse at approximately 14%.
Likely To Increase
The number of abuse incidents is likely to rise, with the aging population living longer and the baby boomers joining the seniors’ ranks. There are almost a million New Yorkers in the city; approximately 12% of the people are 65 or older, with nearly 900,000 that will join that age bracket, within the next decade, from the 2010 census data.
Seniors – Children as Perpetrators?
According to experts, the most common form of mistreatment is financial exploitation. And theft like this has only increased with a lack of civility, a less mighty dollar, and greed. Philanthropist Brooke Astor was in the headlines in 2009. This happened when her son was convicted of financial elder abuse. It was alleged that some stole her $200 million fortune. So, in that case, there was theft. But he also failed to provide her with adequate medical or general care.
Elder abuse workers often see seniors whose children take their monthly social security checks or make extra money while using their parent’s ATM cards. Evelyn Laureano, executive director of the Neighborhood Self-Help by Older Persons Project (SHOPP) in the Bronx, a city-funded elder abuse program, said seniors often come forward to seek help.
But many are not doing it not because of the abuse, but rather due to a symptom of it. For example, let’s take a utility shut-off notice or an impending eviction. Caseworkers are trained to look for specific markers. For example, why can’t a senior receiving $1,200 monthly pay their $500 monthly rental payment?
The elder program employees see a range of elder abuse cases and say it is as complicated as “any family and as diverse as New York itself.” They stated that “typical” examples could also vary by borough. Historically, Onassis says people have been attracted to Manhattan from all over the country.
And many have settled independently as adults. Many were single, with few friends or family outside the area. These seniors will often find a roommate to help cut expenses. And when the situation turns sour, the roommate will not leave, he said.
Beware the “New Best Friend”
Another situation is the “new best friend,” a person who will initially offer care, but then either absconds with money or becomes abusive. This remains a familiar dynamic with gullible seniors.
An example is where the senior believes the abuser is the only thing keeping them from going to a nursing home or is dependent on the abuser for some care, according to case managers.
Educating Victims to Refuse to go along with Mistreatment
Laureano said that the alleged abusers are often the adult children of the seniors who have a dependent relationship with their elderly parents. Scenarios include a recently divorced son or a relative with a substance abuse problem. Few elders, single-income moms, dads, or close family members will refuse shelter for an unemployed, homeless relative in need.
Other examples of mental illness exist. For example, an adult child completes a short-term stay in a psychiatric hospital. But they are later discharged to their mother’s care. However, the mother is 89 years old. Laureano said that fragile seniors often seek protection from the child’s violent temper in such cases.
The Various Examples are Sad
Domestic violence is another issue involving a partner and takes all forms. One example is Bronx resident Carolyn Vonwhervin, who had been married to her husband for 41 years. As she described it, his behavior worsened two years ago.
For all these years, her husband was “very kind,” she said. But as he aged, he began shouting accusations and using profanity. The tirades worsened. Vonwhervin said it would come out of the blue, and she had no idea why. One day her husband became frustrated. So, in that case, he punched her in her stomach after he could not find something he was looking for.
Carolyn Vonwhervin said she felt like a lost person, and nothing like this had ever happened. Vonwhervin found SHOPP’s elder abuse Violence Intervention and Prevention program. He does so through referrals where the social worker and program director, Nereida Muñiz, assisted her in developing a safety plan.
The plan was a borrowed strategy from domestic violence programs. And this also included having an idea of where to go if her husband became violent and called 911. Muñiz accompanied Vonwhervin to family court to obtain an order of protection and discussed finding safe housing.
And later, Vonwhervin’s husband received a diagnosis of Alzheimer’s disease, prostate cancer, and dementia. Once medicated, his demeanor calmed down. So she was able to return home to care for him. But she needed the help of a home health aide until his death.
Eslyn Rawlings, age 71, is another person Muñiz recently began working with, who called 911. Rawlings said she had a bad day with her husband and is now receiving help for verbal and emotional abuse that she says went on for over 30 years.
Her husband has not commented on the violence. And this was the first time Rawlings mentioned her marriage problems. But she was delighted to get help. She said that the “Lord” provided someone to listen to her. Now she no longer feels alone.
Elder Isolation and Why it Hurts So Bad?
According to Zieff, the words of these women, the abuse is very isolating. Social workers in these programs use supportive counseling and listen but prioritize physical safety; they say they work from the “strengths perspective.”
Onaitis said clients are asked to talk about the good things in their lives. Also, they are interrogated as to any problems they have experienced. The test is how they would handle the situation now, as opposed to how they dealt with these cases in the past.
They work on self-esteem building, not just calling the police to remove the abuser. So then they can come right back in the door, he said. A large part of what these agencies provide is practical assistance.
Social worker Muñiz stated in the Bronx, she hwasable to have seniors’ bank accounts restored by the bank when they reviewed the ATM camera footage. They have often seen it was not the account holder but an old customer making the withdrawals.
Public and Private Helpers?
There is a citywide push to combat and the prevention of elder abuse. Several non-profit and government organizations 2009 formed the New York City Elder Abuse Center. This network responds and works in partnership with complex elder abuse cases with expertise.
The Manhattan District Attorney’s office, in 2010, restructured its elder abuse unit, which now says it prosecutes approximately 700 elder abuse cases every year. The district attorney’s offices in Brooklyn and the Bronx also have elder abuse task forces.
For the first time, the City Council members could choose elder abuse as a topic to make educational pamphlets that they distribute to constituents. The brochures’ information provided an informative tone on what elder abuse is and where they could call for help and included the brochure’s five city-funded agencies.
Council Member Jessica Lappin said they want people to realize that elder abuse is more common than they think. She needs them to have the strength to report it when it happens to them or someone they may know. Lappin has chaired the Council’s Aging Committee since 2010.
Agency and Community Commitment
According to Sackman, forming a “community watch,” which observes, identifies, and reports potential cases of elder abuse, and more public awareness is essential in battling elder abuse in the city. She has also requested that the City Council make funding elder abuse programs automatic rather than being subject to annual contracts.
Sackman asked if it is fair to question the commitment and if the money should be in place already. Lappin said that there is no real opposition to the base-lining of funding. Also, she would like to see the Council restore the base-lined status funding.
Conflicting Priorities
She said that everyone realizes the importance of these programs. But conflicting priorities remain. For example, we need to balance budgets. The fiscal reality remains. She said since 2009, the city’s Department for the Aging has seen significant budget cuts. And the amounts fell on senior citizen centers and other programs like Meals on Wheels.
Lappin admitted that it took the hurricane to highlight the importance of these services. And he said that Meals on Wheels volunteers carried food up many flights of stairs to seniors. These are those who were not generally on their routes. But last year, baseline funding was restored to senior centers.
But she believes it is too early to determine what will happen with this year’s budget. She said, especially with the hurricane, which will have a significant impact on the overall budget.
Zieff continues her work currently and stated that they were hard-hit by Hurricane Sandy. She says they believe they will see more exploitation of the elderly and people will be moving in with each other; she said she shudders to think what will occur with that happening.
Los Angeles has a history of taxing and spending with a lot of waste and corruption. We have seen businesses leaving our state in droves. Social service expenses have even forced a reduction in public court services. So filing fees have risen, and court reporters are no longer automatically provided to record official proceedings. One can see many parallels to what is happening in New York.
