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California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for California on
Q: : Do i have a case with the chp ? If I have evidence that my car and I were home at the time of the accident

Even though A judge dismisses my case for obstruction of justice, this caused me significant emotional distress and financial hardship. The actions of their officers were unjust, especially during an already devastating time in my life.On January 1, 2024, my brother tragically passed away in a car... View More

James L. Arrasmith
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answered on Dec 17, 2024

Based on what you've shared, you may have grounds for legal action if you can prove you and your car were at home during the alleged accident. The fact that you have evidence showing your location at the time could be crucial in challenging the charges and seeking recourse for the emotional... View More

1 Answer | Asked in Civil Rights for California on
Q: Is there a limit with the FOIA applications a person can fill online?

On December 2, 2024, I received a response to a FOIA request from USCIS. I filled out the request online. Since I made several mistakes, my request was rejected. I would like to know how long it takes to make a new request. I would also like to know if there are organizations in the city of Los... View More

James L. Arrasmith
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answered on Dec 16, 2024

There is no limit to how many FOIA requests you can submit online, and you can submit a new request immediately after receiving a rejection. The key is ensuring your next submission addresses the issues that led to the previous rejection.

In Los Angeles, several organizations can help with...
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1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: Is there anyway I can countersue someone if they bullied and harassed me for 5 months and agreed to fight. I have proof.

My boyfriends ex girlfriend has cyber bullied and harassed me with her best friend ever since July and I have proof she went out of her way to find my account to bash my boyfriends name so that she could ruin his life. I have proof that she asked to fight me twice and it never happened and she’s... View More

James L. Arrasmith
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answered on Dec 15, 2024

You may be able to file a counter-claim for harassment, cyberstalking, and defamation given the evidence you've collected of her behavior over these months. Document everything thoroughly - save screenshots, messages, social media posts, and any witnesses who can corroborate your account of... View More

2 Answers | Asked in Civil Rights for California on
Q: Are cameras allowed in a sober living environment (woman & children) within the bedrooms?

I have been notified that several Sober Living Houses, owned by the same married couple, have cameras within the bedroom. The rules are to dress in the bathroom and not in the room. Is this normal? Individuals have left after finding out about the camera's placement but don't know what to... View More

Louis George Fazzi
Louis George Fazzi
answered on Dec 14, 2024

I take it that you are not personally involved in the situation you described. I am unable to address hypotheticals unsupported by eyewitness testimony. Tempting though it is to delve into an interesting question.

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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: I Have an EXTREMELY complicated matter in Sacramento. In 2022 I was shot by police during a mental health episode, after

officer made false statements claiming a gun was pointed at me resulting in 21 shots and 6 hitting me. Elk grove pd charged it as an attempted murder but was reduced to a 245 (d) (2), Police used an unwarranted tracker, Body cam proved their statements were clearly false, and I discovered via... View More

James L. Arrasmith
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answered on Dec 14, 2024

This is clearly a complex situation involving serious civil rights concerns, police misconduct allegations, and the intersection of mental health and criminal justice. Your experience with being shot during a mental health episode, followed by questionable police conduct and potentially false... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Impact of Missing Interpreter During Police Investigation on Subsequent Charges?

During a police investigation, I was interrogated over the phone without being provided an interpreter, despite my limited English proficiency. It was evident that I could not fully understand or respond to legal matters without assistance. However, the police proceeded with the investigation and... View More

James L. Arrasmith
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answered on Dec 13, 2024

This situation raises serious constitutional concerns under both federal and California law, as your right to meaningful participation in legal proceedings may have been violated by the failure to provide language assistance during the police investigation.

Your documented need for an...
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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: i am participating in mental health diversion, and i believe police have abused this program to go fishing

i was arrested in 2022 and charged with 245 (d) (2) i was released in 2024 to participate in mhd program. Officer have since then used this program as a means to go fishing through evidence related to the diverted case despite the fact that this same case is currently diverted, criminal proceedings... View More

James L. Arrasmith
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answered on Dec 13, 2024

Your concern about law enforcement potentially misusing the Mental Health Diversion (MHD) program while your case is diverted is a serious matter that deserves attention.

If you believe officers are improperly accessing or investigating evidence related to your diverted case, you should...
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1 Answer | Asked in Civil Rights for California on
Q: I was placed on a 5150 hold 5 years ago. I had a firearms ban that ended in October of 2024.

Do I automatically get my firearms rights back or do I need to petition for it?

James L. Arrasmith
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answered on Dec 13, 2024

After a 5150 mental health hold in California expires along with the associated firearms prohibition, you don't automatically regain your firearm rights - you need to take specific steps to restore them.

You'll need to file a petition with the superior court in your county of...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: SHRA/HUD violated out civil rights and denied our VAWA RIGHTS

Authorities told them we needed to be relocated immediately under imminent Threats of death, - they refused and I was attacked nearly killed

James L. Arrasmith
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answered on Dec 12, 2024

This situation involving SHRA/HUD and VAWA rights violations is extremely serious, especially given the threat to your safety. You should immediately contact legal aid organizations in Sacramento County that handle housing discrimination and civil rights cases - several provide free services for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for California on
Q: what type of lawyer does usc 42 1983 claims over constitutional rights violations and malicious prosecution?

wrongful arrest, violation of my 4th, 14th, 6th, 8th and fabricate of evidence with false accusation of a crime by LEO. most likely falls under misconduct by LEO. defamation can be added because police report claimed I stole a firearm despite having ffl paperwork for it.

its likely a civil... View More

James L. Arrasmith
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answered on Dec 11, 2024

For constitutional rights violations and malicious prosecution claims under 42 USC § 1983, you'll want to work with a civil rights attorney. These lawyers focus on protecting individuals against government misconduct, including law enforcement overreach and constitutional violations.... View More

3 Answers | Asked in Foreclosure, Personal Injury, Child Custody and Civil Rights for California on
Q: Hello I have a open investigation from this year and was wondering if I could get more help on the outcome of the situat
Joel Gary Selik
Joel Gary Selik
answered on Dec 10, 2024

More information is needed to determine the type of case and to answer questions.

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1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Legal Malpractice for California on
Q: stipulation, signed without the plaintiff or their legal representative’s. only signed by broker-less manager?

Unlawful Detainer (UD) filed by property owners through unlicensed property manager using fraudulent DRE credentials. Key issues: manager operated illegally, misrepresented broker licensing, signed rental agreement without legal authority. Complaints filed prior to UD with DRE, Fair Housing... View More

James L. Arrasmith
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answered on Dec 11, 2024

A stipulation in California generally requires signatures from all parties or their authorized representatives to be valid and enforceable under CCP §664.6. The absence of signatures from the plaintiff or their legal representative raises serious questions about the stipulation's... View More

1 Answer | Asked in Criminal Law, Civil Rights, Collections and Constitutional Law for California on
Q: Can the police withhold a police report on stolen car from the suspect tryin to defend themselfs

I had this car for a year just someone reported 2 months after i bought it that its stolen an the police took the car even tho i showed i have the papers the title was in the prosess an i just paid 1250 for the work on it they will not give me the stolen vichcle report so i can get help for my case... View More

James L. Arrasmith
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answered on Dec 9, 2024

You have the right to access police reports related to your case, especially when defending yourself. If the police are withholding the stolen vehicle report, you can file a formal request under the California Public Records Act (CPRA) through the police department or work with your defense... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for California on
Q: case 1: type of attorney sues for malicious prosecution, wrongful arrest, false imprisonment, constitutional rights?

usc 42 1983, police fabricated evidence in police report and falsely accused me of a crime(have proof I did not commit the crime) so defamation would be in the complaint, discovery yeilded that the states witness is a multi convicted felon who has multi weapons charges and thefts of other peoples... View More

James L. Arrasmith
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answered on Dec 9, 2024

If you've been wrongfully arrested and have evidence of police misconduct, it's important to take the right legal steps. You may have claims for malicious prosecution, false imprisonment, and defamation, among others. An attorney experienced in civil rights and constitutional law can help... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for California on
Q: How to navigate to a lawyer?

So I am having issues with my hospital and need to do a malpractice suit, I have proof my records were falsified and that they withheld digousment and treatment but at the intake I am told because that statue of limitations applies because the injury happened 15 plus years ago. So I can't run... View More

James L. Arrasmith
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answered on Dec 7, 2024

You may feel trapped by the passage of so many years, and it can be unsettling to think the door has closed on your chance for justice. In many places, the statute of limitations on medical malpractice claims runs out after a certain timeframe.

However, you can still seek advice from a...
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1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: When to send “Confidential Position Statement” for ADR mandated settlement to Opponent

Neutral requested “Confidential Position Statement” re upcoming Court ordered “mandated settlement conference. Opponent sent me (I am Plaintiff, Pro Per for now) a “Confidential Mediation Brief”. I have received conflicting opinions as to whether or not I should send opponent a copy of my... View More

James L. Arrasmith
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answered on Dec 2, 2024

Deciding whether to send your Confidential Position Statement can impact the dynamics of your settlement conference. Since the Neutral has indicated it's optional, consider how sharing your statement might influence the negotiation process. Providing it could demonstrate your willingness to... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Can they bust my husband who's on probation, for drugs they found (mine) behind my nightstand, in a probation sweep they

Did while he was at work and I was home.

James L. Arrasmith
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answered on Dec 2, 2024

During a probation search, law enforcement has broad authority to search common areas and spaces that the probationer has access to or control over. However, if you can clearly establish that the drugs belonged solely to you and were in an area exclusively under your control, your husband might... View More

1 Answer | Asked in Civil Rights, Federal Crimes and White Collar Crime for California on
Q: In CA how would somebody get arrested with never having court records on file being in prison 37 years at age 13 to 50?

So tell me if this makes sense I was in the military overseas, my mother who was charged with gross vehicular manslaughter reduced from a felony to infraction in CA her attorney would Purge her file have me placed on conservatorship while I was deployed overseas not knowing of the case. His... View More

James L. Arrasmith
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answered on Nov 30, 2024

This situation raises several serious legal concerns that warrant immediate attention. Based on the details provided, there appear to be multiple potential criminal violations, including fraud, abuse of legal authority, and improper imprisonment of a minor.

Your mother's case involving...
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2 Answers | Asked in Criminal Law, Real Estate Law, Civil Litigation and Civil Rights for California on
Q: Is electrical harassment legal or illegal

My neighbors been using l.r.a.d to harass my family or electronically torture

Robert Kane
Robert Kane
answered on Nov 30, 2024

You can contact the police if your neighbor is using a long-range acoustic device (LRAD), acoustic hailing device (AHD) or sound cannon to harass your family.

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2 Answers | Asked in Legal Malpractice, Civil Rights, Federal Crimes and International Law for California on
Q: Can SOL not apply in certain cases connected to intentional prevention of bringing a legal case forward in CA?

Something took place which prevented action in bringing proper legal action forward at a certain time. It's something dealing with civil rights, and human rights violations.

Robert Kane
Robert Kane
answered on Nov 29, 2024

There are circumstances that toll the statute of limitations. A little more detail than an "intentional prevention of bringing a legal case forward" will be needed to evaluate your situation.

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