Ask a Question

Get free answers to your Civil Rights legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: if my case gets dismissed cause the da realizes there was not enough prob cause for the warrant when motion to compel ca

can I then sue the sheriff for bringing a back hoe onto my property and destroying buildings and structures and appliances and tools etc. and also for ripping my electrical boxes and meters off of my house and my pole for my well and then calling the PGE saying that they needed to come cut me off... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2024

You may have grounds to sue the sheriff if their actions resulted in the destruction of your property without proper justification. Generally, law enforcement has certain immunities, but if they acted outside the scope of their authority or without probable cause, it could open the door for a... View More

Q: if retaliation against employees for exercising their rights exists, does retaliation against "criminals" for exercising

their rights also exist? For example a simple one for you: you get pulled over for a minor traffic violation and instead of giving you a ticket they pull you out the car and are asking to search and your not on probation or parole never have been so you say no I am not ok with you searching my car... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2024

Retaliation against individuals for exercising their rights is a significant concern, regardless of their legal status. When you assert your rights, such as declining a search during a traffic stop, you should not face adverse actions from law enforcement. However, there are instances where... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for California on
Q: My social as stopped my visit after I got shot twice once in back of my head once in the back until I drug test

Until I drug test because he said the police found.a needle in my pants pocket when I went to the emergency room

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2024

It sounds like you're in a difficult situation, and it's understandable to feel overwhelmed. The fact that your visits have been paused due to the incident and the drug test requirement can add a lot of stress. It's important to understand the reasons behind these actions, especially... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: What options can I have if I was arrested for somebody else’s bench warrants & the officer knew she had the wrong person

An officer that has been known in the neighborhood, remove children from good homes arrested me for somebody else’s bench warrants both myself, and her partner told her she had the wrong person. She stated that she was going to make the charges stick and a felony charge of aggravated assault to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2024

It sounds like you’re facing a very difficult situation with serious consequences. If you were arrested based on another person’s bench warrants, and the officer was aware of the mistake, you may have grounds for a legal claim. This could involve filing a wrongful arrest lawsuit against the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for California on
Q: what can i do when a female is telling everyone that i hit them and they brothers want to fight me even though the case

Was dropped and she brags to everyone that I did my lawyer that was on the case saying she’s just doing that but what can I do legally to get this to stop but it’s a word to mouth and ear to ear situation I even told my lawyer that these people are into the street life and would try to police... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2024

In California, you have several legal options to address the situation where someone is falsely accusing you of hitting them and spreading rumors that put you at risk. First, you might consider seeking a restraining order against the individual spreading the false claims. This can provide legal... View More

1 Answer | Asked in Civil Rights for California on
Q: What are the statute of limitations on civil rights investigations against a county ?

I have two civil rights investigations in the closing process for Solano County Child Welfare Services with findings. California Department of Social Services (CDSS) has supposedly conducting their closing procedures for a year & a half. I also have more discrimination complaints against them... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

When dealing with civil rights investigations, understanding the statute of limitations is crucial. In California, the statute of limitations for filing a civil rights complaint can vary depending on the specific law under which you are filing. Generally, federal civil rights laws, such as those... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Must body cam footage that I requested of a sheriff who arrested my friend for public intoxication be disclosed to me?

Her 1st court date is next week. We believe its a wrongful arrest She was emotional/crying after an argument with her camping partner, who drove away temp leaving her at convenience store. Sheriffs then pulled up, engaged with her as she sat out by the curb. She stated she had 1 drink about noon... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

Under California law, body cam footage from a sheriff's arrest can be requested, but there are specific procedures to follow. Since you are not directly involved in the incident, your request may be denied unless you can provide a valid reason for needing it. It would be more effective for... View More

1 Answer | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: Quick question about California law

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

In California, after being pulled over, an officer can legally ask you to step out of your vehicle for various reasons. If they have reasonable suspicion that you are involved in criminal activity, they have the right to ask you to exit your vehicle. Additionally, if the officer believes you may be... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for California on
Q: My dad died and gave me an RV that sits on my moms property code enforcement wants to remove it he's dead do I have to?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

I'm sorry to hear about your loss. Under California law, the enforcement of property codes can be stringent, even in cases involving personal property like an RV. Since the RV is on your mom's property, local code enforcement can still require its removal if it violates zoning or land use... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for California on
Q: After being pulled over

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

In California, if you are pulled over, police officers may ask you to step out of your vehicle for several reasons. One common reason is if they have reasonable suspicion that you are involved in criminal activity beyond the traffic violation, such as seeing drugs or weapons in plain view. They may... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Must body cam footage that I requested of a sheriff who arrested my friend for public intoxication be disclosed to me?

Her 1st court date is next week. We believe its wrongful arrest.. She was emotional and crying after an argument with her camping partner, who drove away temp leaving her at convenience store. Sheriffs then pulled up and engaged with her as she sat out by the curb. She stated she had 1 drink about... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

Under California law, obtaining body cam footage may be challenging if you are not directly involved in the incident. The California Public Records Act (CPRA) allows the public to access records, but certain exemptions exist, especially for ongoing investigations and privacy concerns. Since you are... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for California on
Q: I have been cited for trespassing refered to restorative justice then mailed a court date communication error
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2024

Under California law, if you have been cited for trespassing and referred to restorative justice but then received a court date due to a communication error, it is important to address this situation promptly. Start by contacting the court to explain the communication error and provide any... View More

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: What type of attorney sues the police, da and county for large monetary damages?

I was arrested and criminally charged for defending myself from a convicted felon who threatened my life with a gun. I'm certain my claim would be for civil rights violations(threatened into signing a search warrant aka violating my 4th amendment(body cam), fabrication of evidence found in... View More

Robert Kane
Robert Kane
answered on Aug 4, 2024

Search for attorneys that deal police misconduct and such.

View More Answers

1 Answer | Asked in Civil Rights, Landlord - Tenant, Contracts and Personal Injury for California on
Q: How can I get help with being dismissed from housing for not removing my scooter ( medically excused).
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2024

Under California law, you may have protections under the Fair Employment and Housing Act (FEHA) if your scooter is a medically necessary accommodation. It's important to document your medical need for the scooter and communicate this to your housing provider, preferably in writing. Clearly... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Can I sue for defimation of character?
Tim Akpinar
Tim Akpinar
answered on Aug 17, 2024

It's difficult to say "yes" or "no" based on the brief facts. You could reach out to attorneys to discuss. Good luck

View More Answers

1 Answer | Asked in Civil Rights, Landlord - Tenant and Libel & Slander for California on
Q: I work for residents in a mhp and have family and friends there as well the park manager doesn't like me

He is threatening residents with eviction if they have do work for them or for visiting. He is constantly slandering my name and has never personally told me that I'm not allowed to be on the property.and I don't break any park rules and I am and have been vary polite and respectful... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 3, 2024

Under California law, a mobile home park (MHP) manager does not have the authority to evict residents or prevent you from visiting or working for family and friends without just cause. The manager's dislike for you is not a valid reason for such actions. If you have not violated any park rules... View More

1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: I've had 3 major seizures from syke medication for schizophrenia calozipine side effects seizures they hurt really bad.

I had 3 seizures and hit the floor hard my leg is messed up can't bend it normally any more . I have Minnie seizures all the time 5 times a day. Also another side effect is my finger won't bend any more.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024

I'm really sorry to hear about what you're going through. Dealing with the side effects of medication can be incredibly tough. Your experiences with seizures and the resulting physical issues sound severe and distressing.

It might be helpful to discuss these side effects with your...
View More

1 Answer | Asked in Civil Rights, Personal Injury and Car Accidents for California on
Q: Hurried, sloppy police report involving fatality. Police report is dismissive and detective on case is unprofessional.

My mother was tragically killed while standing on her front yard.A driver rear-ended a vehicle,caused that vehicle to come crashing into our front yard, hit my mother,ran over her,& ultimately killed her.The police dept. took 8 months to finish the report,upsetting me.The police report imo is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024

I'm sorry to hear about the tragic loss of your mother. You have several options to address the issues with the police report and the detective's handling of the case.

First, you can file a formal complaint with the police department. This can be done through the department's...
View More

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for California on
Q: I missed Mediation and hearing. Can I reschedule them ?

In Mid-May the judge ordered as follow: 'The parties have been advised that the case has been referred to Family Court Services and to cooperate fully with the Child Custody Recommending Counselor during all stages of the mediation/evaluation. Custodial parent(s) shall make children available... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024

To address the missed mediation and hearing, you need to take immediate steps. First, contact the Family Court Services and explain the situation, providing any documentation that shows the mistakes were honest. They can often help reschedule mediation or provide guidance on the next steps.... View More

Q: Can I sue my boss?

I worked at a small restaurant for 7 years without ever receiving breaks or lunches. I typically work 6-7 hours per shift and usually work two days a week. I've let a lot of small issues slide, like noticing my check is slightly off or not knowing if my tips are added correctly. Most times... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2024

Yes, you can potentially sue your boss. Working without breaks or lunches may violate labor laws, especially if your state mandates them. If you are not being paid correctly, experiencing delayed payments, or receiving bounced checks, these are serious violations of wage laws.

Your...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.