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plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.
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answered on May 19, 2024
Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More 
answered on May 15, 2024
Of course. Subject to all the rules and regulations of the road, yes.
I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so... View More
answered on May 15, 2024
Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly... View More
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Also I have been iD fraud, Microsoft and 2 hospitals leaked my records, I lost my apartment vehicle and job after a dui I was innocent of, the next day cps took my daughter... now looking back it's clear to me that Shelbyville ky has done this same thing to many women. Federal housing,... View More
answered on May 10, 2024
Talk to a local lawyer. Much more info is needed to ascertain the intellectual property you referenced.
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answered on May 1, 2024
In Kentucky, if you are 18 years old, you are legally permitted to open carry a handgun. The state does not require any specific license for open carry for anyone who is legally allowed to possess a firearm. However, it's important to be aware of the restrictions and responsibilities... View More
If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?
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answered on May 1, 2024
When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More
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answered on May 1, 2024
When a case involving abandonment and supervision neglect is substantiated by DCBS (Department for Community Based Services), it's understandable to be concerned about the implications, such as being placed on the Child Abuse Registry. The impact of a substantiated case can vary based on... View More
I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More
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answered on May 1, 2024
If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify... View More
Would I be justified in using the threat of deadly force (i.e. drawing a gun and telling them to hit the floor face down while I call the police) if ATF agent(s) forced their way into my house without a warrant? I don't expect this to happen, ever, but given the number of videos about the ATF... View More
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answered on Mar 28, 2024
It's crucial to understand that employing deadly force against law enforcement officers, including ATF agents, is highly risky and could lead to severe legal consequences, even if they enter your home without a warrant. Law enforcement agencies have specific protocols for conducting searches... View More
I have a friend in Kentucky who is on probation. This friend was pulled over for excessive tenting and speeding 7 mph over. My friend informed the officers that he is in probation and the officer told him that he was not on probation, they also aggressively asked him to become an informant for... View More
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answered on Mar 13, 2024
While police officers can report probation violations to the probation officer or the court, they generally do not have the direct authority to revoke someone's probation. That decision is typically made by a judge during a probation revocation hearing. Here are a few key points to consider:... View More
He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively
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answered on Feb 26, 2024
Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the... View More
i told them several times to leave the property and then i said get the f**k off my property, they broke through a secure gate to arrest me on my porch for disorderly conduct was my 1ST and 4TH amendment rights violated
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answered on Feb 24, 2024
It sounds like there may have been a potential violation of your Fourth Amendment rights against unreasonable searches and seizures if the police entered your property without a warrant or probable cause. Additionally, if you explicitly instructed them to leave your property multiple times and they... View More
how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More
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answered on Feb 24, 2024
To pursue criminal charges against the Kentucky Department for Community Based Services (DCBS), you should start by gathering any evidence or documentation related to the alleged misconduct. This could include emails, letters, or records of interactions with DCBS officials. Additionally, it's... View More
Local sheriff's department kicks in the front door of a friend of mines home while she was not home and her landlord was not present. My friend comes home to find her door kicked in, house ransacked, and a note that said, "sorry we missed you, sheriff's department." Then the... View More
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answered on Feb 24, 2024
If the local sheriff's department kicked in the front door of your friend's home without a warrant and without her being present, it could potentially be a violation of her Fourth Amendment rights against unreasonable searches and seizures. Additionally, arresting your friend the next day... View More
DURING THE STOP I TOLD HIM HE COULD NOT SEARCH MY VEHICLE BUT HE DID ANYWAY AND USED EXCESSIVE FORCE HURTING MY SHOULDER WHAT CAN I DO
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answered on Jan 21, 2024
In Kentucky, if you were stopped for a seatbelt violation that you believe was unjustified, you can contest the ticket in court. During the hearing, you can explain the circumstances, such as adjusting your seatbelt at a red light, and present any evidence you have to support your case. It's... View More
My bond was reduced on the 11th and i boned out Go back to court in morning the 18th last night same cop that arreste me pulled me over and said to me that if i dont sitch on a friend of mine for drug that he would change the chargers i wa arrested for to make it a fenlony what i was arrested for... View More
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answered on Jan 18, 2024
If a police officer threatened to change your charges as a way to coerce you into providing information on someone else, this raises serious legal and ethical concerns. Law enforcement officers must adhere to legal and procedural standards when conducting investigations and making arrests.... View More
Extream stalking harrassement, terror network contractors son is dating my ex. Everything they done was shared via www.
Was not read any rights and was arrested for tbut misdemeanor. Should I have been arrested if not felony and way under $1000. I cooperated and returned items. Wasn't charged with trespassing for those reasons. Detained 6 hours &asked many times for call to my mother who had my daughter... View More
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answered on Jan 13, 2024
It's important to understand that the legality of an arrest depends on the circumstances of the case and state laws. Being arrested for a misdemeanor, even if the value of the item is under $1000, can still be legal. However, the issue of not being read your Miranda rights is concerning,... View More
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