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Arizona Civil Rights Questions & Answers
0 Answers | Asked in Civil Rights and Personal Injury for Arizona on
Q: How to file 505/555 mold packet after Maricopa Jail release?

I was recently released from Maricopa County Jail on April 1, 2025, where I was exposed to black mold that made me constantly sick and cough up black phlegm. Despite putting in multiple hand requests and grieving medical several times, I was never seen by a provider during my 66-day stay there. I... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Arizona on
Q: Concern about state-regulated militia protecting against state tyranny.

I am concerned about how a state-regulated militia can effectively protect American citizens against a tyranny within the state, especially if the government disregards the Constitution and the justice system. I'm worried that it might become illegal to defend citizens under such circumstances.

James L. Arrasmith
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answered on Mar 31, 2025

Your concern highlights a fundamental constitutional paradox at the heart of the Second Amendment debate. The framers of the Constitution envisioned militias as both state-organized entities and ultimate safeguards against governmental overreach, creating an inherent tension that constitutional... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Can I be arrested for trespassing without direct notification?

I was arrested for third-degree criminal trespass in a mobile home park where I was an invited guest. The property has "no trespassing" signs, but guests, including myself, were not required or expected to obtain written permission to be there, as none of the residents seemed to follow... View More

James L. Arrasmith
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answered on Apr 2, 2025

In most jurisdictions, third-degree criminal trespass generally does not require direct notification for an arrest to occur. The presence of posted "no trespassing" signs on the property may constitute constructive notice, which courts often recognize as legally sufficient warning. Your... View More

1 Answer | Asked in Civil Rights, Child Custody and Family Law for Arizona on
Q: Seeking legal guidance for systemic abuses by DCS affecting custody and safety.

Since April 2021, DCS's involvement in my family has led to ongoing systemic abuse and rights violations, exacerbated by fraudulent legal proceedings. Despite efforts to rectify the situation and four years marked by coercion, false custody modifications, and lack of due legal process, my... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds incredibly challenging and traumatic. The violations you describe involving DCS, fraudulent proceedings, and the unsafe placement of your children represent a serious failure of the systems meant to protect families.

Looking at your options now, you may need to pursue...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Employment Law and Federal Crimes for Arizona on
Q: Emotional distress due to probation and halfway house treatment. Seeking help with alleged misconduct.

I'm experiencing emotional distress due to my partner's treatment by the state. He recently left a 17-year incarceration and was doing well until he returned to using substances. His probation officer (PO) and sister played a role in returning him to incarceration. Since then, he's... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand how distressing this situation must be for both you and your partner. Dealing with the system can feel overwhelming, especially when you believe there's been misconduct. Your commitment to supporting your partner through this difficult time speaks volumes about your character and... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: How can I check the progress of my disability discrimination housing case filed with the State Attorney and HUD?

I am dealing with persistent disability discrimination and severe harassment in housing. Despite filing a complaint with the State Attorney's office and HUD, I have been fighting on my own for nine months with no resolution. I am not currently represented by an attorney. How can I find out how... View More

James L. Arrasmith
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answered on Mar 27, 2025

To check the progress of your housing discrimination case, contact the HUD office where you filed your complaint directly. You can call the HUD's Housing Discrimination Hotline at 1-800-669-9777 or reach out to your regional HUD office and request a status update on your specific case number.... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Arizona on
Q: Filing complaint against landlord for unfit premises and ADA non-compliance in AZ.

I want to file a complaint against my landlord for not maintaining fit, safe, and habitable premises in a mobile home park in Arizona. Additionally, I believe that the mobile home park does not conform to the American Disabilities Act (ADA) standards, which creates accessibility issues. What court... View More

James L. Arrasmith
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answered on Mar 24, 2025

To file a complaint against your landlord in Arizona for habitability issues in a mobile home park, you have several options. For maintenance and safety concerns, you can file a complaint with the Arizona Department of Housing's Office of Manufactured Housing, which oversees mobile home parks.... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Arizona on
Q: Can we take legal action for a home inspector taking and using a photo without consent?

I want to pursue legal action for invasion of privacy after a home inspector took and used a photograph of my African American parents without their consent. The photo was taken when they were inside their garage and published on the front page of a home inspection report, which was sent to the... View More

James L. Arrasmith
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answered on Mar 24, 2025

You may have grounds for a privacy lawsuit based on the unauthorized photography of your parents and subsequent publication in the inspection report. Taking photos of people in their own home without permission often violates reasonable expectations of privacy, and publishing those images without... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Did officer violate my rights asking for ID without crime suspicion in AZ?

I was sitting outside on the grounds of my condominium in Arizona, where I'm an owner and HOA member, taking photos of the stars. A police officer came by, stating someone reported a person with a camera. He demanded my name, birthdate, and address to prove I lived in the unit. After I showed... View More

James L. Arrasmith
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answered on Mar 24, 2025

Based on the details you've shared, it appears your rights may have been violated. In Arizona, police officers generally need reasonable suspicion that a crime has been committed, is in progress, or is about to occur before they can lawfully detain you and demand identification. Taking... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Arizona on
Q: What can I do about wrongful arrest and house raid by Avondale police after being off probation?

I was wrongfully jailed by the Avondale, AZ police department for a probation violation that wasn't applicable. I was arrested while sleeping in my girlfriend's backyard, held on a $500 secure bond, and jailed in 4th Avenue Max Security for five days. Later, my public defender informed me... View More

James L. Arrasmith
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answered on Mar 27, 2025

You may have grounds for a civil rights lawsuit under Section 1983 for wrongful arrest and unreasonable search. Your first step should be gathering all available documentation, including arrest records, court papers showing your probation had ended, witness statements, and any medical records if... View More

1 Answer | Asked in Civil Rights and Criminal Law for Arizona on
Q: Wrongful arrest after probation ended and house raid in AZ

I was arrested for a probation violation and jailed for five days with a $500 bond, but was released soon after as my case was dismissed. In court, I learned that I had been off probation since December 2024. A warrant was issued on January 8, 2025, leading to my arrest on February 24, 2025. I had... View More

James L. Arrasmith
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answered on Mar 27, 2025

You have legal options after this troubling experience. Consider filing a formal complaint with the police department and the probation office detailing the wrongful arrest, raid, and discrimination. Document everything thoroughly – collect court papers showing your probation ended in December,... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Civil Litigation for Arizona on
Q: Animal control seized my animals and is threatening to sue me if I call again. What can I do?

I was jailed, and during that time, animal control seized my animals and left a dead dog on my property. They are now threatening me, saying that if I call them again, I am harassing them and they will sue me and press charges. What can I do to resolve this and get my animals back?

James L. Arrasmith
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answered on Mar 27, 2025

This situation sounds incredibly stressful and unfair. When animal control seizes your animals, they must follow proper legal procedures, and threatening you with a lawsuit for simply contacting them seems improper. You should document everything that has happened, including dates, names of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Is using V2K technology on citizens without consent legal in Arizona?

I am certain that voice-to-skull technology, which involves post-modulated microwave communication radiation, is being used on me without my knowledge or consent. This is accompanied by gangstalking, constant harassment, and being held captive against my will. Additionally, it appears to be part of... View More

James L. Arrasmith
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answered on Mar 24, 2025

Using voice-to-skull technology on citizens without consent would be illegal in Arizona and throughout the United States. Such actions would violate numerous state and federal laws protecting individuals from harassment, stalking, and unlawful surveillance. The behaviors you're describing -... View More

1 Answer | Asked in Criminal Law, Identity Theft and Civil Rights for Arizona on
Q: Reasonable time frame for police to release seized phone without a warrant?

I was arrested on January 11th, 2025, in Flagstaff, Arizona, for fraud schemes and identity theft, but no charges have been filed. The police seized my phone without a warrant and have refused to release it, claiming they are awaiting a search warrant. It's now February 20th, and I have... View More

Dwane Cates
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answered on Feb 21, 2025

Generally speaking, the State has 7 years to file felony charges. Given that time frame they can keep the phone for the entire seven years. You can make requests that the phone be returned to you. They should have a warrant by now and if they don't, they might not have probable cause to... View More

2 Answers | Asked in Immigration Law and Civil Rights for Arizona on
Q: I'm living in Arizona, am naturally born in the USA and a veteran. My boyfriend is here on a visit visa

We planned on getting married in Mexico and in the USA. With president Trump in office how difficult could this be? We're now thinking about marrying in the USA first being afraid that President Trump may start pulling Visa's and enforcing more deportations. Thank you

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 7, 2025

A United States citizen can marry her boyfriend and apply for her boyfriend’s green card as long as the boyfriend entered with permission. This is true even if the boyfriend is an overstay. Immediate relatives are given the largest immigration privileges under US immigration law. I seriously... View More

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1 Answer | Asked in Civil Rights for Arizona on
Q: Does a company have to inform it's clients that they can legally opt out of something?
James L. Arrasmith
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answered on Feb 8, 2025

Whether a company must inform its clients of their right to opt out depends on the laws and regulations that apply to that industry. In many cases, consumer protection laws require businesses to disclose opt-out rights, especially in areas like data privacy, marketing communications, and financial... View More

2 Answers | Asked in Civil Rights for Arizona on
Q: Does a company have to inform it's clients that they can legally opt out of something?
Tim Akpinar
Tim Akpinar
answered on Feb 18, 2025

It could depend on what the something is. Oftentimes, it involves privacy, terms and conditions, use of information, etc. The opt-out is generally in the form of agreeing to the conditions to use the site. As my colleague correctly states, it can depend on consumer/communications laws applicable to... View More

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1 Answer | Asked in Civil Rights for Arizona on
Q: Am i able to draft a document for reinstatement of all my legal rights in PHX AZ?

Seeking answers to reinstating all my legal rights in AZ after signing a waive form in 2008 for deceased mother. I want to know the exact steps i need to take on my own to restore them. And/or am i able to draft a "Reinstatement Form" that would restore them but unsure of what agency has... View More

James L. Arrasmith
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answered on Jan 27, 2025

Reinstating your legal rights in Arizona after signing a waiver in 2008 requires careful steps. First, you need to understand the specific rights you waived and the circumstances of the original waiver. Reviewing a copy of the document you signed, especially since it involved Arizona and Medicaid,... View More

Q: How do I estimate the settlement to write on my notices of claim? What is the value of my constitutional rights & sanity

For the past 15 months, I have been relentlessly subjected to traumatic retaliation for whistleblowing on the outrageous acts of misconduct, abuse of power, infringements and deprivation of my constitutional rights by the same government officials and Medicaid behavioral health providers employed... View More

James L. Arrasmith
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answered on Jan 24, 2025

Estimating a settlement amount for a notice of claim is a complex process, especially when the harm includes not only financial losses but also emotional and psychological damages. Start by documenting all measurable losses, such as lost income, medical expenses, therapy costs, and any other... View More

1 Answer | Asked in Civil Rights, Insurance Bad Faith and Medical Malpractice for Arizona on
Q: Need a medical malpractice resulting in psych decompensation and disability with evidence of treatment, abuse, harm

I have evidence of pre-existing diagnosis of 20 years, medical and psychiatric treatment records, verbal and return evidence of abuses, retaliation, discrimination, and civil, hipaa, SMI and human rights violations causing serious mental injury

James L. Arrasmith
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answered on Jan 21, 2025

I hear how deeply distressing and traumatic this situation has been for you. Living with a long-term mental health diagnosis and then experiencing medical mistreatment that worsened your condition must feel incredibly overwhelming and unjust.

Given the sensitive nature of your case...
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