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Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Does accepting pretrial diversion preclude me from suing police in civil rights case

I was arrested for first time in my 61 yrs for assault of police, resisting arrest, and disorderly conduct. I had called 911 after being the victim of road rage and simply ask police to put on their masks due to COVID. I was injured in arrest and refused medical care. That evening after released... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

From your facts I do not see a §1983 cause of action. But Diversion is usually the best disposition. Prior to the plea you will want to talk to an experienced attorney who knows how to file a Government Tort Liability Action. Again I would not file the suit as it is not a perfect... Read more »

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: I lived in Sf. My roommate who live next room keep smoking indoor despite I ask him to go smoking outside 3 time.

We live in SF, Ca.

I became secondhand smoker.

It is irritating now and affect my health

Dale S. Gribow
Dale S. Gribow answered on Sep 24, 2021

this is not a typical PI question............

it is a question of you and your roommate having an understanding or one of you moving out and being responsible for the rent until a new roomie is found...

i would find the roomie BEFORE anyone moves out.........

who is the...
Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: I was ordered to have fingerprints taken after getting two civil infractions. What will happen if I don't get them taken

Is there any way I can legally deny.

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

You would be in violation of a court order. If your position is that you are not legally required to do so, you should research the applicable law, and preferably through an attorney, file the proper paperwork to oppose the order. You may find, though, that this is not the hill you want to die on.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Civil Rights for Texas on
Q: Can I do anything about DA submitting a court doc with my personal info that is public if I am under witness protection?

I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

Your situation seems terrible.

Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not...
Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Small Claims for Ohio on
Q: Is it illegal to build a snowman using snow from someone else's property?

They don't have a fenced in yard or any signs that say private property.

Andrew Popp
Andrew Popp answered on Sep 23, 2021

It sounds like you may be trespassing on their property. For a definitive answer you need to sit down with a local criminal defense attorney to evaluate the specifics of your situation.

Best of luck.

1 Answer | Asked in Car Accidents, Civil Litigation and Civil Rights for Indiana on
Q: Need help have court today and I'm not sure what to do insurance company suing me for almost 8,000 I was in accident

11/10/19 at fault no insurance

Charles Candiano
Charles Candiano answered on Sep 23, 2021

There is nothing that you can do. You had no insurance so the other driver processed a claim under their uninsured motorist coverage (UM). Now their insurance is seeking a judgment against you which they will get. Your only choice is to enter into some voluntary repayment, have the court garnish... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Kentucky on
Q: I'm having a problem with my landlord I've been here almost 17 years or more and he changed about 3 years ago

I'm getting evicted my rent is up to date always paid my rent and it's a lot going on that I need to speak to someone I'm disabled on a fixed income I'm really ill and this man is stressing me out

Timothy Denison
Timothy Denison answered on Sep 22, 2021

What is the civil rights issue? None is mentioned in your summary.

1 Answer | Asked in Civil Rights and Traffic Tickets for Louisiana on
Q: Can police ticket someone whose license plate is obscured by wheelchair ramp
Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Yes, the ramp must be installed so that it does not obscure the license plate, or the plate has to be moved so it is not obscured by the ramp.

1 Answer | Asked in Civil Rights for California on

NOW WHO do i sue when the Quality of software is now perdition of my next movement conduct the RESONATE of Radio Frequency. This has to be dealt with since it is SLAvery. Who do i sue?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

You have asked the penultimate question, "Who do I sue?" First you have to identify the identity of the persons who are damaging you, then you have to evaluate if they have enough money to make it worthwhile for you to sue them. Then you should send them a demand letter, before you fill... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: How to file an Appeal for limited civil case in a unlawful Detainer eviction Just cause. Possession of property.

Couldn’t remember if I was supposedly served by summons UD around time I was severely sick or if I found it on my door as landlord had posted 2 violations of lease. Minor noise an corrected it. And stated number two. I asked. They brought number one noise complaint 3 days apart after being a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Filing an Appeal is a technical and difficult task, even for an attorney, and you need to hire one to protect your rights. The problem is that an appeal is a "review of the record" of the trial, and what you are mentioning in your post is the evidence that you should have put on at... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for California on
Q: I was notified that i would receive a civil demand but i haven’t gotten anything in the mail? should i be worried?

i also have a court date on october 29th

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Be sure to go to court on October 29, or the Court can rule without you. This does not appear to be an Appeal or Civil Rights case. Contact the people that notified you about the civil demand to see what the status is.

1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Rights and Legal Malpractice for California on
Q: EMT could not perform job detail and worsened my injury

after 2 calls to 911 and aprox. 25 min, 2 5 foot female EMT and one firefighter arrived. I live 5 blocks from firehouse. the ambulance came from another county two towns away. They never gave me medical attention on site. they pushed and nudged my shoulder to get up and walk to their gurney, which... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sorry to hear that your medical condition caused you pain. What you have is a potential "Governmental claim" and you should seek the assistance of a local Personal Injury attorney. You have a limited time to file a "Government claim form" against the agency that provided the EMTs.

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: Can a gas station owner tow a vehicle that is broke down after being told you were going to autozone to get the part

And agrees to give you until that afternoon. But as soon as you leave to get the part he tows the vehicle

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Unless the gas station owner was the government, this is not "Civil Rights". Sounds like you have the perfect case for Small Claims. Take all the receipts for paying to get your car out.

2 Answers | Asked in Consumer Law and Civil Rights for California on
Q: can I sue a 503c "charity" that instead of replacing id, delayed several months and cost me thousands; to make money

I was imposition-ed, lied to, accused of drug use in public, used to perform work without compensated, signed notary book and they refuse to show me why? They retaliated because i threaten to report them .

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

It would seem that you were possible subjected to several civil wrongs, called "torts" by this company, and you may also have wage claims that you can file with the labor commissioner. Yes, you can sue them for the torts that they committed against you, just because they are a 503c... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Ohio on
Q: Why don’t HOA’s allow essential critical infrastructure workers, emergency plumber, park their vehicles at their homes?

When renting the home I was not told or given any information about the HOA, nothing in the lease. I am trying to work w HOA, even tho legally they should be dealing with home owners, but they are just condescending, rude, and bullying throwing their attorneys around. I have been nothing but... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2021

HOAs are governed by a set of rules specified in a declaration that has been recorded in the county records and is binding on all the home owners and any others staying in any of the homes. The HOA rules provide fines or legal action for violations. They typically prohibit outside parking of... Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Communications Law for Virginia on
Q: Can my father's living siblings & children successfully fight for the right to properly bury my father who has no will.

My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »

Benjamin Inman
Benjamin Inman answered on Sep 21, 2021

Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.

I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was...
Read more »

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Communications Law for Arkansas on
Q: what do you need to become a lawyer?

what is all the steps to becoming a lawyer

W. Whitfield Hyman
W. Whitfield Hyman answered on Sep 21, 2021

1. Graduate High School or earn a GED.

2. Earn a bachelor’s degree in anything from a college. Takes about 4 years.

3. Take the LSAT while in college (maybe they allow other tests now I’m not sure).

4. Complete law school (3 years).

5. Pass the bar exam in the...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Oklahoma on
Q: How far back legally can taco mayo in Oklahoma go on a background check?

My bf was denied a job at Taco mayo from a domestic back n 1999-2000

Charles Watts
Charles Watts answered on Sep 20, 2021

Typically, backgrounds go back 10 years for credit and 7 years for criminal convictions but that can be longer depending on the job, responsibilities, etc... If it is expunged, or deferred adjudication was successful, then they will not see it at all. The State is restricted by statute to even... Read more »

2 Answers | Asked in Employment Law and Civil Rights for Missouri on
Q: Can I be audio recorded without consent in a 2 party consent state?

I deliver in Illinois, a 2 party consent state. I wasn't made aware that the video camera in my vehicle records audio until I found out last week. I also deliver in Missouri. Would it be worth it to sue my employer since I signed no agreement and wasn't verbally notified my audio was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 19, 2021

Whether it is worth suing will depend upon the following:

1. What is your goal?

2. How much will it cost to sue?

3. What are your chances of prevailing?

4. What damages would you be awarded if you win,

5. Does the IL statute have a provision entitling you to...
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