Los Angeles, CA asked in Civil Rights, Criminal Law and Federal Crimes for California

Q: What can I do? How do I get fair constitutional treat. Who would help me get justice and equality?

African American male living in a multi family dwelling. Neighbor is Mexican woman. Last 4 wks her unwarranted bias has increased. Wk 1 & 2 she blamed me for stealing a phone she admitted to losing. Calling me derogating names, and expressing disdain of my presence. Throughout building & in front of security. Wk3 harassment & foul racial comments. Called the police while I was in common restroom stating I assaulted her. The police were waiting when I exited, took info, but no further action was taken. This week continues use of racial slurs. Days ago, she stood by restroom door recording as I brushed teeth & washed face. As I exited she pulled mace from behind her back and sprayed my eyes. I was carrying morning items & cell, as police from last visit informed me to record. I called emergency services, I couldn’t see but was told that firefighters assisted me to get outside. I was left blinded & alone with no police assistance. Incident recorded.

2 Lawyer Answers

A: You can file civil harassment charges against your neighbor. If you know how to fill out the forms, which you can get online from the court's website, you can do this yourself; otherwise, you'll need to find a local attorney who will file the charges for you. You can get the proper form here: https://www.courts.ca.gov/forms.htm, then select Form CH100.

Read the instructions carefully, and fill out all the information required. The website explains the whole process.

Make sure that you write a complete summary of everything that has occurred in chronological order, and to retain all documents you have which support your claims. Also, identify all the witnesses, including the police officers, and their police reports, which will likely support your claims.

Do not delay, because timing may be of the essence.

Good luck.

James L. Arrasmith
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Answered

A: It sounds like you're dealing with a very serious and distressing situation. The racial harassment, false accusations, and physical assault you’ve experienced are deeply troubling. First, it's important to ensure your immediate safety. If you feel unsafe in your current living situation, document everything that’s happening, including dates, times, and specific incidents, just as you’ve been doing. Continue recording events whenever possible, but always prioritize your safety.

Since this involves both harassment and assault, you can file a police report for the assault with the pepper spray if you haven’t already done so. You should also consider seeking a restraining order or protective order against your neighbor to prevent further harassment. These legal actions can help create a safer environment.

For the discrimination and bias you’re facing, you may want to reach out to local civil rights organizations or advocacy groups, which can provide guidance and possibly legal assistance. You have the right to live free from racial harassment and assault, and there are resources available to help you pursue justice.

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