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Arizona Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Gov & Administrative Law for Arizona on
Q: What type of attorney would I seek for a potential case of harassment and negligence by law enforcement?

This also involves a disability

James L. Arrasmith
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answered on Apr 11, 2024

For a potential case involving harassment and negligence by law enforcement, especially if it involves a disability, you should seek a civil rights attorney who specializes in police misconduct and disability rights. Here are a few specific types of attorneys who may be well-suited to handle your... View More

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Arizona on
Q: Will a workplace injunction in Arizona show up on someone’s background check after it expires?

If it is permanent, is there a way to remove it after it expires?

James L. Arrasmith
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answered on Apr 10, 2024

In Arizona, a workplace injunction (also known as an order of protection or restraining order) is a legal order issued by a court to protect an individual from harassment, threats, or violence in the workplace. The duration of the injunction can vary, but it is typically granted for a specific... View More

1 Answer | Asked in Civil Rights and Libel & Slander for Arizona on
Q: Can I sue a medical practice for making me feel uncomfortable and welcome because of the staff' behavior and conversatio

Staff was talking about their sexual orientation and shaming a fellow employee for their orientation while we were in the waiting room, and the office manager was present. I mentioned that it was very unprofessional and the manager did not step in. She stayed quiet. I later learned from her that... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information provided, it seems that the medical practice staff engaged in inappropriate and unprofessional behavior by discussing their sexual orientation and shaming a fellow employee in the waiting room. The office manager's failure to intervene and address the situation also... View More

2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

Generally they should not be excluded. The school ought to make reasonable accommodations so the student may participate in the full range of activities along with the typical peers. Make sure you include language like this in written communication with the school and ask what accommodations they... View More

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2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

James L. Arrasmith
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answered on Mar 28, 2024

Under U.S. law, specifically the Individuals with Disabilities Education Act (IDEA), students with disabilities, including those diagnosed with Emotional Disturbance and placed in special education programs, are entitled to receive a Free Appropriate Public Education (FAPE). This means that they... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: what can i do if i dont have money to spend on a lawyer but i believe my civil rights have been violated by the city pd

was on a job and the place where i was working was being broken into and used as a drug house and flop house.. so i staged the property as if someone lived there and continued to work on the house. (i was trying to keep the house in compliance withthe city so they didnt get anymore violations with... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you believe your civil rights have been violated but lack the resources for a lawyer, consider reaching out to legal aid organizations or civil rights groups in your area. These groups often provide free or low-cost legal services to individuals facing civil rights issues. Additionally, some law... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: A search warrant was served on my house. I asked the officers why my home and they said it was surveiled

They didn't find any stolen goods and left me to fix my door and sue them for the money. I want to find out if the search was legal

James L. Arrasmith
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answered on Mar 24, 2024

The legality of the search conducted at your home depends on several factors. If the officers had a valid search warrant, it typically means that a judge found probable cause based on evidence presented by law enforcement. The specifics of the warrant, such as the address, date, and items sought,... View More

1 Answer | Asked in Civil Rights and Consumer Law for Arizona on
Q: Is a retailer required to assist disabled customers with their heavy purchases?

I was shopping at a large retailer and purchased a 50 pound grill. I requested to use the shopping cart to bring it to my car. Manager denied me because I did not have a drivers license for collateral, I provided other forms of collateral and was denied. I requested employee assistance to my car... View More

James L. Arrasmith
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answered on Mar 6, 2024

In Arizona, as in many places, retailers are generally expected to make reasonable accommodations for customers with disabilities, under federal laws such as the Americans with Disabilities Act (ADA). This includes providing assistance with navigating the store, accessing goods, and in some cases,... View More

1 Answer | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Arizona on
Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

James L. Arrasmith
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answered on Mar 5, 2024

Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: I received a call from an 866 number and they said they have filed a civil suit against my name and social

They said they will be serving with the local law enforcement in my areas is this a scam?

James L. Arrasmith
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answered on Feb 28, 2024

Yes, it's highly likely that this call is a scam. Legitimate legal matters are not typically handled through unsolicited phone calls, especially from unfamiliar numbers. Scammers often use fear tactics and threats to coerce individuals into providing personal information or making payments.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: What is the Best next step to protect myself from my perpetrator, file a police report after i was the one taken in or..

I was a Domestic Violence victim who sustained obvious injuries in addition to internal ones & was the one jailed twice. He forcibly took my phones & broke them so I couldn't call for help & called police on me. While detained he stole much of my property, some very important... View More

James L. Arrasmith
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answered on Feb 24, 2024

Given the urgency of your situation, it's important to prioritize your safety and well-being. Despite the challenges you've faced with being portrayed as the aggressor, filing a police report can still be a crucial step in protecting yourself from further harm. Even if the incidents have... View More

1 Answer | Asked in Family Law and Civil Rights for Arizona on
Q: Is it possible to get married to the same person twice? Am I allowed to get two marriage certs to the same person?

The first one is basically an elopement for religious reasons which the other family doesn’t approve of and the second one is the big ceremony and party. We do want the second one to look as much as a wedding as possible

James L. Arrasmith
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answered on Feb 23, 2024

Yes, it is possible to have multiple marriage ceremonies with the same person. However, obtaining two marriage certificates for the same marriage is not typically allowed as it could be considered fraudulent or deceptive. Marriage certificates are legal documents that certify the marriage between... View More

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Arizona on
Q: Is there a way to Revoke my sister's power of attorney for medical - negligent in her duties. Do not want guardianship

She has filed an order of protection against me and has stated she is not capable of taking care of my mother because she suffers from many ailments. I paid and spoke with an attorney and he said I did not have a strong case to try and seek guardianship trying to figure out what options I may have... View More

James L. Arrasmith
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answered on Feb 1, 2024

Revoking a power of attorney for medical decisions in Arizona typically requires specific actions and may depend on the terms of the original power of attorney document. Here are some steps to consider:

1. Review the Power of Attorney Document: Examine the power of attorney document to...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: I am a pro se litigant in a case for discrimination offered to ask for a settlement how much should I say% of the total

Terminated from falsified docs and have a right to sue from EEOC

James L. Arrasmith
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answered on Jan 30, 2024

When considering a settlement offer for a discrimination case, it's important to assess various factors. The percentage you should propose depends on the specific details of your case, such as the strength of your evidence, the damages you've suffered, and the potential risks and costs of... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: Ima be taking a Uber my bf has warrents but I want him to go if we get pulled do we have to give police his name

He has many warrents an we don’t wanna risk him going with me to the er if he could potentially get arrested if we’re stopped so can we refuse to give his name or what would happen

James L. Arrasmith
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answered on Jan 28, 2024

If you are stopped by the police while traveling with your boyfriend, the situation can become complex due to his outstanding warrants. If the police have a reason to identify everyone in the vehicle, they may ask for identification from both of you. While as a passenger, he isn't... View More

1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Arizona on
Q: I am a Limo driver. And in between jobs,I take my vehicle home. My Employer does not want me to do that!

My Employer wants me to remain in the vehicle. But will not pay me for the time that I am in between jobs. Which I feel that I am in my "FREE" time to go home till I need to go back out for my next job. Is that illegal?

James L. Arrasmith
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answered on Jan 26, 2024

It is generally legal for an employer to require employees to remain in company vehicles in between jobs or tasks, even if the employee is not being paid during that time. Under both federal and Arizona law, travel time is only considered compensable work time under certain circumstances.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: If the police knock on your door, you answer. They say your under arrest. Do you have to go with them?

Do you have to step out of your home and go with them. If they do not have a warrant.

James L. Arrasmith
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answered on Jan 26, 2024

Yes, if the police knock on your door, announce they are there to arrest you, and order you to come out, you legally have to comply and go with them even if they do not have an arrest warrant.

Police officers are legally allowed to make warrantless arrests if they have probable cause that...
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1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: Can a homeowner in an HOA contact the insurance carrier of D & O policies ? The homeowner is payor of the premium

Assessments pay insurance premiums, so can they legally contact the insurer?

James L. Arrasmith
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answered on Jan 21, 2024

Yes, as a homeowner in an HOA who pays the premiums for the Directors and Officers (D & O) insurance policies, you typically have the right to contact the insurance carrier. Since you are the payor of the premium, you have an insurable interest in the policy, and it's within your rights to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave. I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son ,... View More

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answered on Jan 3, 2024

In your situation, being charged with hindering in the second degree arises from interactions with law enforcement officers during their official duties. In Arizona, hindering prosecution or obstructing justice can occur if someone knowingly impedes or attempts to impede a law enforcement... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: I am being harassed, stalked, watched, and spied on everyday by a group of adults . They use hidden devices & cybertecho

I need legal help to press charges and sue them. Is there a pro Bono lawyer you can direct me to in Glendale az

James L. Arrasmith
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answered on Dec 27, 2023

If you are experiencing harassment, stalking, and other forms of invasive behavior, it is important to take immediate action to protect yourself. The first step should be to contact local law enforcement in Phoenix, AZ to report the incidents. They can provide immediate assistance and begin an... View More

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