Physical Assault In The Military In Tarrant

State:
Multi-State
County:
Tarrant
Control #:
US-000298
Format:
Word; 
Rich Text
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Description

The document is a Second Amended Complaint filed in a Tarrant County Circuit Court concerning physical assault in the military. It seeks recovery of actual and punitive damages, alleging gross negligence by the defendants, who are a physical therapy corporation and its employee. The plaintiff describes an incident where the employee raised the plaintiff's leg improperly, causing severe injury that necessitated a hip replacement and resulted in a permanent limp. The complaint asserts claims for physical and emotional distress, detailing the negligence and willful indifference of the defendants. It includes provisions for handling any claims from the insurance carrier involved. This form is particularly useful for attorneys, paralegals, and legal assistants, providing a structured format to initiate legal proceedings in cases of assault within military contexts. It guides users through the procedural requirements, ensuring clarity in claims of negligence and the types of damages sought. By following this standardized format, legal professionals can efficiently represent clients and advocate for their rights in similar cases.

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FAQ

The penalties vary depending on the severity of the assault: Class C Misdemeanor: Up to a $500 fine. Class A Misdemeanor: Up to $4,000 in fines and/or up to one year in jail. Felony Assault: Penalties can range from 5 years to life in prison, depending on the degree of the assault and the circumstances.

Article 128, UCMJ (Assault) Under the UCMJ, any person who: (1) attempts to do bodily harm to another; (2) offers to be bodily harm to another; or (3) does bodily harm to another person is guilty of assault. Bodily harm is broadly defined as “an offensive touching of another, however, slight.”

Article 128, UCMJ (Assault) Under the UCMJ, any person who: (1) attempts to do bodily harm to another; (2) offers to be bodily harm to another; or (3) does bodily harm to another person is guilty of assault. Bodily harm is broadly defined as “an offensive touching of another, however, slight.”

4. By regulation (AR 635-212), action will be taken to separate an individual for unsuitability when it is clearly established that it is unlikely that he will develop sufficiently to participate in further military training and/or become a satisfactory Soldier. 6.

4–13. Army language policy Soldiers must maintain sufficient proficiency in English to perform their military duties. Their operational communications must be understood by everyone who has an official need to know their content, and, therefore, must normally be in English.

Although you may contact the DOD Hotline at any time, a faster way to resolve your complaint is usually to first contact your local or command-level Inspector General's Office. Call the Inspector General Hotline at 800-424-9098.

Anyone, including civilians with no Air Force affiliation, may file Fraud, Waste, and Abuse (FWA) complaints. Depending on the circumstances, the IG may also accept complaints from dependents or relatives of active duty members and retirees and their dependents.

Article 128, UCMJ (Assault) Under the UCMJ, any person who: (1) attempts to do bodily harm to another; (2) offers to be bodily harm to another; or (3) does bodily harm to another person is guilty of assault. Bodily harm is broadly defined as “an offensive touching of another, however, slight.”

DOD Inspector General Hotline and Whistle Blower Protection Although you may contact the DOD Hotline at any time, a faster way to resolve your complaint is usually to first contact your local or command-level Inspector General's Office. Call the Inspector General Hotline at 800-424-9098.

If you have been the victim of sexual harassment or sexual assault, you have a voice, you have rights, and SHARP is here to help. Active Duty Soldiers, Army National Guard, Army Reserve members, and their dependents who are eligible for treatment in the military health system are eligible for service.

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Physical Assault In The Military In Tarrant