Greenville, SC asked in Federal Crimes and Civil Rights for South Carolina

Q: Can I file a claim against the state for violating my constitutional rights eleventh amendment double jeopardy law

Being denied snap benefits due to drug charges I've already served sentence for.

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James L. Arrasmith
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Answered

A: You can consider filing a claim if you believe your constitutional rights have been violated. The Eleventh Amendment generally provides states with immunity from certain types of lawsuits in federal court, but there are exceptions, especially concerning civil rights violations under federal law.

Double jeopardy protects against being tried twice for the same offense, but denying SNAP benefits due to past drug charges might not fall under this protection. However, you may argue that this policy unfairly penalizes you for past convictions for which you have already served your sentence.

It's essential to consult with a legal professional to understand your options fully. They can help determine if your case has merit and guide you through the legal process. Legal aid organizations may also provide assistance if you qualify.

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