18 U.S. Code § 1513.Retaliating against a witness, victim, or an informant

18 U.S. Code § 1513.Retaliating against a witness, victim, or an informant

• U.S. Code
• Notes

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(a)

(1)Whoever kills or attempts to kill another person with intent to retaliate against any person for—

(A)

the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(B)

providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings,

shall be punished as provided in paragraph (2).

(2)The punishment for an offense under this subsection is—

(A)

in the case of a killing, the punishment provided in sections 1111 and 1112; and

(B)

in the case of an attempt, imprisonment for not more than 30 years.

(b)Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for—

(1)

the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2)

any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer;

or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(c)

If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(d)

There is extraterritorial Federal jurisdiction over an offense under this section.

(e)

Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.

(f)

Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

(g)

A prosecution under this section may be brought in the district in which the official proceeding (whether pending, about to be instituted, or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred.

(Added Pub. L. 97–291, § 4(a), Oct. 12, 1982, 96 Stat. 1250; amended Pub. L. 103–322, title VI, § 60017, title XXXIII, § 330016(1)(U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L. 104–214, § 1(1), Oct. 1, 1996, 110 Stat. 3017; Pub. L. 107–204, title XI, § 1107(a), July 30, 2002, 116 Stat. 810; Pub. L. 107–273, div. B, title III, § 3001(b), (c)(2), title IV, § 4002(b)(4), Nov. 2, 2002, 116 Stat. 1804, 1807; Pub. L. 110–177, title II, §§ 204, 206, Jan. 7, 2008, 121 Stat. 2537.)

Blogger_Dead_Witness_2002ABX

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HIPPA Prohibits Retaliation Office for Civil Rights US Department of Health and Human Services

The Witness List

Office for Civil Rights

US Department of Health and Human Services

How to File a Health Information Privacy or Security Complaint

Complaint Requirements

Anyone can file a health information privacy or security complaint. Your complaint must:

Be filed in writing by mail, fax, e-mail, or via the OCR Complaint Portal

Name the covered entity or business associate involved, and describe the acts or omissions, you believed violated the requirements of the Privacy, Security, or Breach Notification Rules

Be filed within 180 days of when you knew that the act or omission complained of occurred. OCR may extend the 180-day period if you can show "good cause"

HIPAA Prohibits Retaliation

Under HIPAA an entity cannot retaliate against you for filing a complaint. You should notify OCR immediately in the event of any retaliatory action.

Pete Bennett in the ER for the umpteenth time.

Bennett, Pete

Employer: Self Contract Seeking Work

Once again Pete Bennett struggling with yet another medical incident during the never ending investigation. Not sure when but a typical repeated event in between the regular beatings.

How to File a Health Information Privacy or Security Complaint

Complaint Requirements

Anyone can file a health information privacy or security complaint. Your complaint must:

• Be filed in writing by mail, fax, e-mail, or via the OCR Complaint Portal
• Name the covered entity or business associate involved, and describe the acts or omissions, you believed violated the requirements of the Privacy, Security, or Breach Notification Rules
• Be filed within 180 days of when you knew that the act or omission complained of occurred. OCR may extend the 180-day period if you can show "good cause"

HIPAA Prohibits Retaliation

Under HIPAA an entity cannot retaliate against you for filing a complaint. You should notify OCR immediately in the event of any retaliatory action.

File a Health Information Privacy Complaint Online 

Open the OCR Complaint Portal and select the type of complaint you would like to file. Complete as much information as possible, including:

• Information about you, the complainant
• Details of the complaint
• Any additional information that might help OCR when reviewing your complaint

You will then need to electronically sign the complaint and complete the consent form. After completing the consent form you will be able to print out a copy of your complaint to keep for your records

File a Health Information Privacy Complaint in Writing

File a Complaint Using the Health Information Privacy Complaint Form Package

Open and fill out the Health Information Privacy Complaint Form Package - PDF in PDF format. You will need Adobe Reader software to fill out the complaint and consent forms. You may either: 

• Print and mail the completed complaint and consent forms to:
  Centralized Case Management Operations
  U.S. Department of Health and Human Services
  200 Independence Avenue, S.W.
  Room 509F HHH Bldg.
  Washington, D.C. 20201
• Email the completed complaint and consent forms to OCRComplaint@hhs.gov (Please note that communication by unencrypted email presents a risk that personally identifiable information contained in such an email, may be intercepted by unauthorized third parties)

File A Complaint Without Using Our Health Information Privacy Complaint Package

If you prefer, you may submit a written complaint in your own format by either:

• Print and mail the completed complaint and consent forms to:
  Centralized Case Management Operations
  U.S. Department of Health and Human Services
  200 Independence Avenue, S.W.
  Room 509F HHH Bldg.
  Washington, D.C. 20201
• Email to OCRComplaint@hhs.gov

Be sure to include:

• Your name
• Full address
• Telephone numbers (include area code)
• E-mail address (if available)
• Name, full address and telephone number of the person, agency, or organization you believe violated your (or someone else’s) health information privacy rights or committed another violation of the Privacy or Security Rule
• Brief description of what happened. How, why, and when do you believe your (or someone else’s) health information privacy rights were violated, or how the Privacy or Security Rule otherwise was violated
• Any other relevant information
• Your signature and date of complaint

If you are filing a complaint on someone’s behalf, also provide the name of the person on whose behalf you are filing.

You may also include:

• If you need special accommodations for us to communicate with you about this complaint
• Contact information for someone who can help us reach you if we cannot reach you directly
• If you have filed your complaint somewhere else and where you’ve filed

File a Security Rule Complaint 

You may file a Security Rule complaint electronically via the OCR Complaint Portal, or using our Health Information Privacy Complaint Package - PDF.

If you mail or fax the complaint, be sure to send it to the appropriate OCR regional office based on where the alleged violation took place. OCR has ten regional offices, and each regional office covers specific states. Send your complaint to the attention of the OCR Regional Manager. You do not need to sign the complaint and consent forms when you submit them by e-mail because submission by e-mail represents your signature.

Before You File a Complaint

Don’t waste time filing a complaint we can’t investigate. Review these questions before filing a health information privacy or security complaint with OCR:

Are you filing a complaint against an entity that is required by law to comply with the Privacy and Security Rules? 

Not all entities are required to comply with the Privacy and Security Rules. OCR can only investigate the covered entities that must comply with these rules. Covered entities include most:

• Doctors
• Clinics
• Hospitals
• Psychologists
• Chiropractors
• Nursing Homes
• Pharmacies
• Dentists
• Health Insurance Companies
• Company Health Plans
• Medicare, Medicaid, and other government programs that pay for health care

Does your complaint describe an activity that might violate the Privacy or Security Rule?

If you are not sure, go ahead and file your complaint. But, OCR can only investigate complaints that allege an action or omission that fails to comply with the Privacy or Security Rules. For example, a doctor can send your medical test results to another doctor without your permission if the doctor needs the information to treat you; this is not a violation of the Privacy Rule, so we would not investigate a complaint that described this situation.

Did the activity occur after the Privacy and Security Rules took effect?

OCR cannot investigate Privacy Rule complaints that occurred before April 14, 2003 because compliance with the Privacy Rule was not required until that date. Similarly, OCR cannot investigate Security Rule complaints that occurred before April 20, 2005.

Are you willing to give OCR your name and contact information?

OCR does not investigate complaints filed without a name and contact information on the complaint. If you want OCR to keep your name and contact information confidential during the investigation, you may specify that on the consent form.

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Found another Dead Witness connected to Walnut Creek Police

On or About May 2007 former BART officer John Kelly committed suicide.

Location: Vasco Road, Alameda County 

Date: 

Case FLMSD06-00439 - J KELLY vs. C KELLY


Case FLMSD06-00439 - Complaints/Parties

Complaint Number: 1 Complaint Type: Dissolution With Children Filing Date: 01/20/2006 Complaint Status: ACTIVE
Party Number	Party Type	Party Name	Attorney	Party Status
1	PETITIONER	JOHN PATRICK KELLY II	Pro Per	First Paper Fee Paid
2	RESPONDENT	CORINNE MARIE KELLY	MORGAN, JAMES R.	Answer 02/16/2006

Case FLMSD06-00439 - Actions/Minutes

Viewed	Date	Action Text	Disposition	Image
	09/26/2006	UPDATED CASE TO CHANGE ADDRESS OF PARTY JOHN PATRICK KELLY II	Not Applicable
	09/26/2006	SUBSTITUTION OF ATTORNEY FILED. MICHAEL J. AMTHOR SUBSTITUTES OUT AS ATTORNEY FOR JOHN PATRICK KELLY II AND IS REPLACED BY PRO/PER	Not Applicable
	02/16/2006	AND REQUEST FOR LEGAL SEPARATION	Not Applicable
	02/16/2006	DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION ACT FILED BY CORINNE MARIE KELLY	Not Applicable
	02/16/2006	RESPONSE TO DISSO/NULLITY/LEGAL SEP OF CORINNE MARIE KELLY FILED	Not Applicable
Minutes     You are Not Authorized to View Minutes prior to 12/31/2099
	01/20/2006	(FAMILY LAW) SUMMONS ON DISSOLUTION WITH CHILDREN FILED 01/20/2006 OF JOHN KELLY FILED	Not Applicable
	01/20/2006	DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION ACT FILED BY JOHN PATRICK KELLY II	Not Applicable
	01/20/2006	CASE ENTRY COMPLETED	Not Applicable
	01/20/2006	COLOR OF FILE IS PINK	Not Applicable
	01/20/2006	PETITION FOR DISSOLUTION FILED. SUMMONS IS ISSUED	Not Applicable
Minutes     You are Not Authorized to View Minutes prior to 12/31/2099
	01/20/2006	CASE HAS BEEN ASSIGNED TO DEPT. 50

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Got Arrested by Walnut Creek Police Officer Clemente? You'll never have a home again or a job for that matter

Got Arrested? You'll never have a home again 

 

Affordable Rental Housing

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The City of Walnut Creek creates affordable units by subsidizing projects that are 100% affordable and by requiring developers of market rate projects to include a percentage of affordable units within the project or pay a fee to help fund future affordable projects.

Housing is considered "affordable" when the occupant(s) pays no more than 30% of their total income on rent and utilities. If the occupant(s) owns their own home, then housing is "affordable" when the occupant pays no more than 35% of their total income on their mortgage payment, insurance, taxes, homeowner association fees and utilities. Federal resources are funneled to the state and local levels for use in the development of affordable housing units, or to assist income-eligible households in purchasing, rehabilitating or renting safe and decent housing. 

Interest List for Future Affordable Housing Projects

If you would like to be placed on our Interest List to receive notifications about upcoming affordable housing opportunities, please fill out the Affordable Housing Interest List Survey.

Please note the City does not handle waitlists or applications for existing and new affordable housing and that being on this City Interest List does not place you on any affordable waitlist or application list. You should contact the affordable housing projects directly to be placed on their waitlists or application lists.

Maximum Rent and Income Limits

Click here to see rent and income limits.

Resources for Affordable Rental Housing

• Click on the  Affordable Housing WebMap above to find out more information on existing affordable housing in Walnut Creek. 
• A list of existing affordable projects and units in the City is shown below and an Affordable Housing Rental Projects List in Walnut Creek may be downloaded.
• Affordable projects and units in Contra Costa County may be viewed on the County Interactive Map and a Countywide list may also be downloaded.

There is very high demand for affordable housing in the Bay Area and waitlists for affordable housing may be several years long. Contact the affordable housing projects if you are interested in directly, and ask to be placed on the waitlist. 

Each year, the federal government calculates the median income for communities across the country to use as guidelines for federal housing programs. Area median incomes (AMI) are therefore set according to family size and vary region by region and may be used to determine who is eligible for affordable housing.

AFFORDABLE RENTAL UNITS (MULTI-FAMILY)
Acalanes Court (100% affordable) 1988 Trinity Avenue (925) 465-5985 17 units: 2 units at 30% AMI; 3 units at 40% AMI; 8 units at 50% AMI; 4 units at 60% AMI	Arboleda 1550 Third Avenue 510-647-0700 48 units: 13 units at 30% AMI; 35 units at 45% AMI; 29 units at 50% AMI
Avalon Walnut Creek *Contra Costa Center (PH BART) (866) 399-2610 76 units	Bonanza Oaks 1852 Bonanza Street bonanzaoaks@gmail.com 2 units: 2 units at 120% AMI
*Coggins Square Apartments (100% affordable)1316 Las Juntas Way (925) 945-6178 87 units	Iron Horse Manor 1310 Creekside Drive bonanzaoaks@gmail.com 2 units: 2 units at 80%
Ivy Hill Apartments 1700 Botelho Drive (925) 256-7674 48 units: 12 units at 50% AMI; 36 units at 60% AMI	*Park Regency 3128 Oak Road (925)937-7275 132 units
Riviera Family Apartments 1515 & 1738 Riviera Ave riviera@jsco.net (925) 478-8239  58 units: 9 units at 30% AMI; 9 units at 40% AMI; 23 units at 50% AMI; 16 units at 60% AMI	Sierra Garden Apartments (100% affordable) 170 Sierra Drive (925) 937-6471 24 units: 9 units at 50% AMI 15 units at 60% AMI
The Oaks Apartments (100% affordable) 3073 N. Main Street (925) 937-5559 36 units: 7 units at 50% AMI; 29 units at 60% AMI	The Windsor Apartments 2383 North Main Street (888)406-3183 13 units: 13 units at 80% AMI

 *not in incorporated Walnut Creek city limits

AFFORDABLE HOUSING UNITS (SENIORS)
Casa Montego I (100% affordable) 1485 Montego (925) 944-9159 79 units: 79 units at 50% AMI	Montego Place (100% affordable)1485 Montego (510) 647-0700 33 units: 33 units at 50% AMI
Tice Oaks (100% affordable)2150 Tice Valley Boulevard (925) 943-1670 90 units: 33 units at 30% AMI; 36 units at 50% AMI	Villa Vasconcellos (100% Affordable) 1515 Geary Road (925) 465-5462 (415) 345-4400 69 units: 9 units at 20% AMI; 17 unts at 30% AMI; 43 units at 50% AMI

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Ken Mintz; Board Member; San Ramon Valley Unified School District

AT&T Contracted Pete Bennett in 2001

Bennett delivered virus known as NIMDA crashing servers around the globe.  

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Time to get my affairs in order - the death threats are a clear and present danger

The Unarmed Constituent was nearly beaten to death in the Walnut Creek Public Library 

Pete Bennett resident of Contra Costa County since 1978 forced out of business in Walnut Creek, Concord, Pittsburg, Fairfield and Danville.  The same day of an explosion in Walnut Creek Judge Joel Golub

 Coincidentally during this nightmare Contra Costa District Mark Peterson was convicted of a perjury and disbarred.

Getting my affairs in order assignment of rights, copyrights and disposition of my assets.  My theory is based on the constant interaction with certain officers from the City of Walnut Creek they plan to use the mental illness doctrine.

It is the simple easiest massive litigation deflector you can buy.  Hire a thug sponsored by the hedge fund that owns the risk insurer in Newport Beach owned by some big huge super big insurance. 

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ETSI Pipeline Project v. Burlington Northern, Inc. Case Citations for Reference

A&R Body Specialty v. Progressive Cas. Ins. Co.

CIV. NO. 3:07CV929 (WWE) (D. Conn. Nov. 14, 2013)

• Con. Law - Other
• Tort - Other
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Similarly, in Bates v. City of Little Rock, 361 U.S. 516 (1960), the Supreme Court found that there was "substantial uncontroverted evidence that public identification of persons ... as members ... had been followed by harassment and threats of bodily harm." Id. at 524; see also ETSI Pipeline Project v. Burlington Northern, Inc., 674 F. Supp. 1489, 1490 (D.D.C. 1987) (granting a motion to quash subpoenas where the record was "clear and uncontroverted" that the requested information would have resulted in reprisal or harassment of the non-party or its officers and contributors). While making out a prima facie case of harm is not heavy burden, non-parties "must at least articulate some resulting encroachment on their liberties."

State of Wyoming vs. United States Department of Agriculture

239 F. Supp. 2d 1219 (D. Wyo. 2002)   Cited 35 times

• Motion to compel discovery
• Con. Law - Other
• Regulatory - Transportation
• State, Provincial or Regional Government
• Government
2 more...

Ruling on discovery issues

The Defendant-Intervenors complain that Magistrate Judge Beaman did not cite the following the cases in his Order, however, they were inapposite to that Order because the Judge did not find that Plaintiff established a prima facie case that the Associational Privilege should be applied. See ETSI Pipeline Project v. Burlington Northern, Inc., 674 F. Supp. 1489, 1490 (D.D.C. 1987) (Plaintiffs sought financial contributor lists, therefore, the court applied a balancing test); Australia/Eastern U.S.A. Shipping, 537 F. Supp. at 812 (government sought disclosure of certain associational activity, therefore the court applied a balancing test to hold the Associational Privilege applicable); United States v. Garde, 673 F. Supp. 604, 607 (D.D.C. 1987) (plaintiff made a prima facie showing that the Associational Privilege applied, therefore court conducted a balancing test and held information was not protected); Snedigar, 786 P.2d at 785-87 (holding court of appeals erred in requiring the party asserting the Associational Privilege to show that the disclosure of the information would in fact impinge on First Amendment rights and then remanding the case for the lower court to apply the balancing test); Britt, 574 P.2d at 777 (holding the trial court erred in issuing a discovery order that required disclosure of membership lists and financial contributors because it was

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