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Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Consumer Law, Collections and Small Claims for Georgia on
Q: I paid off my civil judgment in full in 08/29/2022 through wire transfer. Today I called & was told payment was rejected

I called today as I still have not received any payment confirmation, court documentation, such as satisfaction of judgement, etc. and was trying to figure out why. The day payment was made I was told by this company my wire transfer was successful and applied to account.

Today though,... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 5, 2022

Yes, I think that would be a good idea.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: The Police wouldn’t arrest the burglar that tried to break in. Is that a violation of Equal Protection?

The Police quickly caught a burglar that tried to break into my apartment. The Officer said that burglar was homeless and likely had schizophrenia. He wouldn’t arrest, didn’t want to fill out a Police report and only wanted to take him across town and drop him off.

The same burglar... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2022

You can try to contact a Magistrate yourself by going through the General Sessions Court Clerk, but you probably do not have sufficient information. You can also complain to the Knox County District Attorney General, who might arrange for you and the LEO to swear out a Warrant. Hopefully you at... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Property seller violates multiple laws, purchaser has hard evidence, judge ignores. What happened?

Edit:

55.1-1204 Section C says Mr Sternberg is incorrect in his answer and he also says perjury and discrimination against protected classes is "irrelevant". Either he didn't read it all or he doesn't care about the law. Let's try again, shall we?

Some... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 4, 2022

Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... Read more »

2 Answers | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for California on
Q: Can you keep calling in “sick” to be excused from restraining order hearing?

The guy I’m trying to get a permanent restraining order against called in today and was excused because he was “sick”. They rescheduled it. I’m just worried he’s going to keep calling in to avoid the hearing

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

It would likely depend on whether he's actually sick [or has tested positive for, e.g., covid]. As you're aware, the courts are rightfully cautious during these times. Your temporary orders, if granted, should remain in place, provided you're requesting they be extended. Speak with a... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Criminal Law for California on
Q: My husband is at o.c. irc jail and has pulmonary hypertension and they do not have 1 of the 3 meds he needs. What now?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

A jail has a due process requirement to provide medications that are necessary. To failure to do so is also a violation of the cruel and unusual punishment prohibition in the United States Constitution. I would petition for review.

1 Answer | Asked in Animal / Dog Law and Civil Rights for California on
Q: Can a homeless program tell me I can't have a pet at Motel 6 when they allow pets .It's the homeless programs rules.

I stayed at this Motel 6 before on the homeless program and we were allow to have our pet.But they have made new rules and then Motel 6 has their rules.2 set of different rules for one Motel 6.Iam just wondering if this is legal .

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

If the pet is a service animal, they cannot discriminate and prohibit you from having the service animal. However, they can likely prohibit animals that are not service animals.

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: If you are arrested before u are arrested do your rights have to be read to you
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

Technically speaking, no, they do not. However, if the police intend to question you--and use those statements against you--they must read you your "Miranda" rights, which includes admonishing you of your right to remain silent and that anything you say can, and will, be used against you... Read more »

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1 Answer | Asked in Civil Rights for California on
Q: Am I required to provide proof of exemption for any conditions, and is that the same as requiring proof of disability?

I've been allowed to sit in the library, but they have refused to provide any access to their service unless I can provide an exemption card and I'm trying to find a way to relay to them that enforcing proof of exemption is equivalent to enforcement of proof of disability and unequal... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

Some places of public accommodations want evidence that your condition is genuine. This can be in the form of a letter from your doctor.

1 Answer | Asked in Civil Litigation, Education Law, Personal Injury and Civil Rights for Michigan on
Q: Is there case law on the responsibilities of teaching staff during a fire?

Must staff make an effort to guide each student to safety? What if a false alarm is the source of the fire emergency? May the teacher or parapro leave a disabled student in a precarious position during a false alarm?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2022

A MIchigan attorney could advise best, but your question remains open for two weeks. There probably is case law, but maybe not on the level of specificity described in your post. You might find a greater level of detail in standard operating procedures for the district or the school - manuals for... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Is it not true that only a Judge can dismiss a claim on failure to file a claim upon which relief can be granted?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

Your question straddles a number of categories. I can only speak for the civil part; a criminal defense attorney could address criminal aspects. In my experience, it is the judge who makes decisions on dismissals. Your question includes the word "only." I can only say that I haven't... Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: AZ. Vehicle traffic stop for a taillight out. Baggie of medications (various pills) + an insulin syringe in plain sight.

When asked about bag of meds, Driver informs officer he is a Type 1 Diabetic but ran out of insulin, & is on the way home to retrieve spare insulin vial.

Driver also wearing a CGM (blood sugar monitor) & high blood sugar alarm repeatedly goes off during interaction. Would the... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

It would depend on what happened after the officer saw the medication and the syringe. If you are saying that the officer used that observation to extend the traffic stop for the tail light to investigate into drug possession--there may be a Forth Amendment issue here. The USSC has said there are... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Collections for Georgia on
Q: My 20 year old autistic daughter was with a adult female that stole something and my daughter was charged as well .

I explained to public defender but she was charged and given probation and fine. She is mentally disabled so she can’t pay. What can I do? I’m a single mom with a 15 year old daughter as well. I don’t have $3000 laying around.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

You could pay the fine yourself to end the matter.

2 Answers | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

1 Answer | Asked in Civil Rights for Alabama on
Q: Police told me to call to get car released in the morning and could get but towed instead what can I do?

Boyfriend was driving and arrested driving my car. I am disabled and need transportation for Dr's visits and medications. I have no family here I foe support I am not from here. I need help

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Sep 29, 2022

If they told you to call the following day, were they telling you to call about release of the vehicle from impound? If so, that will of course require payment of towing, storage, etc. What did they say when you called? Is the vehicle going to be subject to civil asset forfeiture? Is it evidence?... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Texas on
Q: Can I break my lease without penalty if there was theft in my unit in texas?

maintaince was scheduled to do repairs in my unit between thursday and friday , upon returning my unit some things were missing in my unit , I made a police report and stated to the property manager that I no longer felt safe and violated and I wanted to rescind my contract, the only option I was... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

No, unless your written lease agreement specifically provides that this is a reason you may terminate your lease early. That would be an extraordinarily uncommon provision.

This is why you never allow other people to enter your unit when you are not home. You should always remain...
Read more »

Q: After filing writ of mandate with trial court, what do I file to get a court date?

I filed a petition, verification, and memo of points and authorities. They responded and I filed a response as well. How do I get a court date now? The court is telling me I need to file something else but will not tell me what. This is for a writ of mandate challenging a city's actions during... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Sep 28, 2022

Without knowing a lot more information, it would be very difficult for me to answer your question.

My experience is that when the court tells you to file an additional document, they usually tell you exactly what they want. So if you received some kind of notice from the court, I urge you...
Read more »

2 Answers | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 27, 2022

I am not sure if I understand your question. I understand it to mean that people with hazmat suits recommended closing all or part of a building and management did not follow the recommendation. I am not aware of any laws that require obedience to people wearing hazmat suits. However, if someone... Read more »

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