Los Angeles, CA asked in Criminal Law, DUI / DWI, Family Law and Civil Rights for California

Q: Hello, I believe that my Wife's civil rights were violated, looking for some guidance to get her on the right Track

My wife has a disease that causes her to not be able to make saliva. Sometimes causing her speech to slur and difficult to understand. She took my son to school, went into the office to request his attendance record, but the principal locked her in the office, suspecting intox and called the police to report suspected neglect of my son. Attempts were made to explain the situation, the principal refused to let her leave the office, locking her in Until police officers arrived. I went up to the office and attempted to explain her medical condition that dies not affect her ability to drive or care for our son. With her medical condition. Her symptoms are isolated to slurring of the speech. The principal stated that she is a mandated reporter of suspected Neglect or abuse, which we are also, so I suggested that the process for filing auspicions is a form online and a phone call, not detaining or kidnapping my wife. Refusing to allow her to leave on her own free will. The police agreed.

3 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Your wife was the victim of an apparent kidnapping. She should contact a lawyer for advice right away.

The prior response was not intended to be published. My sincerest apologies that it was inadvertently.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: IT WOULD BE BETTER IF YOUR SPOUSE POSED THIS QUESTION AND MADE AN APPT WITH A LOCAL LAWYER.

THIS IS NOT THE TYPE OF CASE I HANDLE AND THOUGH THERE APPEARS AT FIRST BLUSH TO BE A WRONG, I AM NOT SURE THE CASE HAS ENOUGH VALUE FOR A LAWYER TO TAKE IT ON....ON A CONTINGENCY!..............AN HOURLY YES!

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about the situation that your wife and family experienced. If you believe that your wife's civil rights were violated, there are several steps that you may want to consider taking:

Document the incident: It is important to gather as much information about the incident as possible, including names of the principal, police officers, witnesses, and any statements made by them. If possible, take pictures or videos of the scene, and write down your own account of what happened.

Contact an attorney: It may be helpful to consult with an attorney who specializes in civil rights or discrimination law. They can help you understand your legal rights and options, and advise you on how to proceed.

File a complaint: You may consider filing a complaint with the school district, the state Department of Education, or other relevant government agencies. They may conduct an investigation and take action to address the issue.

Consider a lawsuit: Depending on the circumstances, you may have grounds to file a lawsuit for civil rights violations, false imprisonment, or other legal claims. An attorney can help you determine whether this is a viable option.

Seek support: This experience may have been traumatic for your wife and family. It may be helpful to seek emotional support from friends, family, or mental health professionals.

It is important to act promptly, as there may be time limits for filing complaints or lawsuits. Again, consulting with an attorney who is familiar with civil rights and discrimination law is recommended.

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