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California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Can I share my harassment story online without violating employee rights?

I want to share my harassment and discrimination story online. The incidents occurred while I was employed in California. HR has ignored my concerns and failed to review camera footage despite providing dates and times. I have a right to sue letter from the Civil Rights Department but have been... View More

James L. Arrasmith
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answered on Feb 19, 2025

Your desire to share your story is understandable, especially given the frustration with HR's inaction and potential document fraud. However, you should carefully consider potential legal implications before posting online, as this could impact your future legal case and employment situation.... View More

1 Answer | Asked in Civil Rights and Civil Litigation for California on
Q: Do I have a case for privacy invasion at my gym's shower?

This morning, while I was taking a shower at my local gym, I walked out to find two women employees cleaning the area, and I was naked. There was no warning or notification about women entering the men's shower room, and I felt too embarrassed to report it to management. This has never... View More

James L. Arrasmith
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answered on Feb 18, 2025

This situation sounds distressing, and your feelings of embarrassment and violation are completely valid. Being exposed without warning in what should be a private space would make anyone uncomfortable.

In California, you might have grounds for legal action under privacy laws and the...
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1 Answer | Asked in Elder Law, Civil Rights and Civil Litigation for California on
Q: Are emails valid court evidence for elder abuse claims against park owner in CA?

I live in a senior mobile home park where managers have been reportedly verbally abusive, including name-calling and making obscene gestures towards tenants. These incidents have been witnessed by multiple tenants, who are emailing the park owner about these incidents. Despite repeated... View More

James L. Arrasmith
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answered on Feb 18, 2025

Emails can serve as valuable evidence in California elder abuse cases, particularly when they establish a pattern of reporting and document the owner's lack of response to complaints. These electronic communications create a clear timeline and paper trail that shows you attempted to resolve... View More

1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: How to report sexual assault from the UK in a California prison?

I am trying to report a sexual assault incident that occurred in a California prison. I am currently located in the UK and am experiencing difficulties in making the report. What steps can I take to report this incident from abroad, and what legal actions are available to me?

James L. Arrasmith
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answered on Feb 18, 2025

I understand how challenging and distressing this situation must be, especially trying to report it from overseas. Your courage in coming forward is commendable.

To report sexual assault in California prisons from the UK, you can contact the PREA (Prison Rape Elimination Act) office...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Civil case: tainting/default vs. statute of limitations?

I have a civil case at the Stanley Mosk Court in California, involving constitutional violations acknowledged by the 9th Circuit. Before the statute of limitations became an issue, my case was allegedly tainted and defaulted. There were no warrants when the police removed me from my home, and I was... View More

James L. Arrasmith
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answered on Feb 18, 2025

This is a complex legal situation that requires careful consideration of multiple factors. The issues of tainting/default and statute of limitations can significantly impact your case in different ways.

Generally, if your case was improperly defaulted or tainted due to constitutional...
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2 Answers | Asked in Employment Law, Personal Injury, Education Law and Civil Rights for California on
Q: Options after assault by student at high school in California?

I'm a contractor nurse working 1:1 with a student at a high school in California. Last Friday, a special education student physically assaulted me by hitting my arm and pulling my hair. Two teachers and a paraprofessional witnessed the incident. About an hour later, the same student entered... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 17, 2025

You have a whole host of rights at stake here.

The most important question is: who is your employer? Is it the school district, or a private contractor who placed you in the position?

Regarding any injuries you may have suffered during the assault, those are typically limited to...
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1 Answer | Asked in Immigration Law and Civil Rights for California on
Q: How to apply for refugee status and document threats as a Yazidi

I am from the Yazidi community and have faced extreme persecution and genocide. I have been working in mine action for 12 years, facing constant danger. I wish to apply for refugee status but am uncertain about the specific documentation needed to support my application. How can I effectively prove... View More

James L. Arrasmith
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answered on Feb 18, 2025

I understand the profound challenges you've faced as a member of the Yazidi community, and your work in mine action demonstrates incredible courage. Let me help guide you through the refugee application process.

For documenting threats, gather any evidence of persecution including...
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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: Police searched my car and impounded my vehicle without proper reason.

I was pulled over by the police for allegedly not having a visible license plate, though it was clearly visible. During the stop, I allowed the officer to search my car because my cousin, who was on probation, was with me. However, I did not consent to a search of the locked trunk and glove box.... View More

James L. Arrasmith
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answered on Feb 18, 2025

Based on what you've described, this appears to be a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. While your cousin's probation status might have given officers reason to conduct an initial search, they still needed either your... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Civil Rights and Consumer Law for California on
Q: Illegally evicted 2.5 years ago in Port Hueneme, CA. Statute of limitations?

I was illegally evicted by my landlord in Port Hueneme, CA, 2 ½ years ago during the pandemic. He broke down my door and threw out my belongings without any notice, even though my rent was current. Since then, I've been homeless, suffered pneumonia leading to life support for two days, and... View More

James L. Arrasmith
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answered on Feb 18, 2025

I'm deeply sorry to hear about your traumatic experience and the severe impact it has had on your health and well-being. This kind of illegal eviction and fraud is absolutely unacceptable, especially during the pandemic when protections were in place.

For your situation in California,...
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1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Gov & Administrative Law for California on
Q: Need legal help to investigate alleged sexual misconduct by senior officer in California.

I have received WhatsApp messages where a senior officer purportedly admitted to having sexual relations with prisoners in San Francisco, California. Additionally, a person I'm in contact with claims this officer has had inappropriate relations with her. I have saved these messages but have... View More

James L. Arrasmith
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answered on Feb 17, 2025

These are very serious allegations that warrant immediate attention. Sexual misconduct by correctional officers is illegal under California law and federal law, representing a grave abuse of power and violation of inmates' rights.

Your first step should be to contact the California...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for California on
Q: How to report misconduct by a senior officer in a California prison from the UK?

I have been receiving messages from a California phone number, with a senior officer admitting to having inappropriate relationships in prison. I am currently in the UK and need guidance on how to report this conduct to the appropriate authorities in California. Furthermore, can lawyers find out... View More

James L. Arrasmith
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answered on Feb 17, 2025

You have encountered a serious situation that deserves immediate attention. The California Department of Corrections and Rehabilitation (CDCR) has an Office of Internal Affairs that handles reports of staff misconduct, and you can reach them directly at (916) 445-1530 or file a complaint through... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: Can a lawyer help obtain police cell footage and investigate officer misconduct in California?

I need assistance obtaining digital footage from a police cell in California as evidence against someone. Additionally, I've been informed that a senior officer is allegedly having inappropriate relations with prisoners in San Francisco, California, and I am unsure of the veracity of this... View More

James L. Arrasmith
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answered on Feb 16, 2025

Your concerns about police misconduct and obtaining evidence are important matters that deserve careful attention. Legal professionals can help you request police footage through proper channels, including filing Public Records Act requests and working with the relevant departments to access... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: Legal steps for sexual assault incident in San Francisco.

I am aware of a sexual assault incident that took place in San Francisco, California. I am currently not in the United States and would like to know what legal steps can be pursued in this situation, and how I can assist or get help from my current location. What actions or resources are available?

James L. Arrasmith
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answered on Feb 16, 2025

I understand this is a difficult and sensitive situation. Your location outside the US doesn't prevent you from helping or seeking justice.

The first crucial step is encouraging the survivor to contact SFPD's Special Victims Unit at (415) 553-1521 or San Francisco's Rape...
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2 Answers | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for California on
Q: How to address missed court dates while incarcerated and legal rights?

My brother has been incarcerated for a year on charges related to a Section 187 case. In the last two months, he missed five court days because he wasn't brought down to court. Though the jail claimed he might be refusing, this wasn't the case, as he was never informed or woken up for the... View More

Mario Tafur
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Mario Tafur
answered on Feb 16, 2025

To ensure your brother's legal rights are protected and address the missed court dates during his incarceration, please take the following actions:

Record Missed Court Dates: Keep detailed documentation of each missed court appearance, including the dates, reasons provided by the jail,...
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1 Answer | Asked in Domestic Violence and Civil Rights for California on
Q: Legal options for emotional abuse by a family member in CA.

I am dealing with emotional abuse from a family member, characterized by specific patterns of behavior, and I have reported it to the authorities. I am seeking legal advice on what steps I can take to protect myself, and whether I can pursue any legal action in this situation. What are my options?

James L. Arrasmith
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answered on Feb 15, 2025

You have several important legal options available in California for addressing emotional abuse. First, you can seek a restraining order (also called a protective order) through the civil courts, which can legally require the abusive family member to stay away from you and cease contact. The court... View More

3 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for California on
Q: How to avoid arrest from false accusations by spouse?

I am facing false accusations from my spouse, who is constantly making claims to have me arrested. There are no legal proceedings or witnesses, but I have kept video recordings of my spouse’s behavior and accusations. How can I avoid arrest in this situation?

Bart Kaspero
Bart Kaspero
answered on Feb 15, 2025

This will pretty much come down to the accusations themselves, and what your spouse claims to the investigating officers. Domestic abuse has a wide range of factors and this alone could trigger an arrest. So long as the recordings you have (which we are assuming were made while your spouse was... View More

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1 Answer | Asked in Civil Rights, Domestic Violence and Gov & Administrative Law for California on
Q: Trial without citation or charge based on minor's abuse allegations.

How can I be put on trial for allegations of abuse made by a minor without being cited, ticketed, or formally charged? In my case, the judge issued a restraining order and ordered the surrender or sale of all firearms based solely on an accusation, with no previous charges, arrests, or citations.

James L. Arrasmith
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answered on Feb 14, 2025

You're dealing with a civil restraining order case under California law, which is separate from criminal proceedings. Civil restraining orders can be issued based on allegations alone since they aim to protect potential victims while the legal process unfolds.

In California, judges...
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2 Answers | Asked in Car Accidents, Civil Rights, Civil Litigation and Personal Injury for California on
Q: Seeking legal action and support after fatal accident in CA

On August 1, 2023, I was involved in an accident in which both of my parents tragically died. The police did not take my statement, prevented me from going to the hospital to see my mom (who passed just before I got there), did not conduct a sobriety test on the other driver, and gave an incorrect... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 14, 2025

Police make mistakes all the time. If the law allowed police departments to be sued every time they made a mistake, it would bankrupt a city. So what does the government do to protect themselves from bankruptcy? They pass laws that provide immunities that protect police departments from lawsuits... View More

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1 Answer | Asked in Landlord - Tenant, Public Benefits and Civil Rights for California on
Q: Elderly disabled tenant in CA faces eviction for back rent after Section 8 ends.

I am a single, elderly, and disabled tenant in California preparing for an eviction case due to back rent owed. My Section 8 subsidy was terminated during COVID, causing an increase in rent to a fair market value of $1,200, from the $300 I was initially paying. This amount constituted a significant... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your situation sounds incredibly challenging, and I understand how overwhelming this must feel. Given the improper service of court documents and lack of formal rent demands, you have several important legal protections under California law.

First, contact your local legal aid organization...
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1 Answer | Asked in Civil Rights, Constitutional Law and Uncategorized for California on
Q: Why is it so hard to get justice and closure I have been filing multiple reports of crime in you’re jurisdiction

the police are corrupted and they pick and choose who they want protect and serve in the community. I am a victim of multiple crimes, bullying being targeted by gangs and more. I would like to file a complaint against the whole police department as well I have been reaching out to the state of... View More

James L. Arrasmith
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answered on Feb 15, 2025

I hear how frustrated and hurt you are by this situation - experiencing crime, discrimination, and feeling dismissed by the very people meant to protect you is deeply unfair and traumatic. Your feelings about the police department's response are completely valid.

For immediate support...
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