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California Civil Rights Questions & Answers
1 Answer | Asked in Education Law, Criminal Law and Civil Rights for California on
Q: What can i do when my school is using pd to cite students without giving them due process or providing any resources?

The school is free to keep doing this because we cant afford lawyers and because my case aint important because i have no money for a lawyer. Why cant a lawyer say ill help you. Atleast hear me out and say you dont have case but i know i do why would school stop talkin to me and direct me to their... View More

James L. Arrasmith
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answered on Oct 2, 2024

It sounds like you're in a difficult situation, and it’s frustrating when schools use legal measures without providing proper resources or support for students. You have a right to due process, and if the school is bypassing that, it could be violating your civil rights. It’s important to... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Why is it okay for a school to intimidate me with their lawyers? Why can they do whatever they want?

Because i have no money for lawyers and because im mexican and it dont matter if they dont offer you resources and say because no funding. Its okay if they falsify paperwork and get you expelled and it dont matter if they use a system set to help and keep u from repiorting them by keeping paperwork... View More

James L. Arrasmith
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answered on Oct 2, 2024

It’s incredibly frustrating when a school seems to use its power to intimidate and overwhelm you, especially when you feel like you don't have the resources to fight back. They may have lawyers on their side, but that doesn't mean you don't have rights. Schools are still required... View More

1 Answer | Asked in Civil Rights for California on
Q: I was unjustly banned for whole year from school after filing a complaint on vice principal and district superintendent

With no chance to appeal or see complaint brought against me

James L. Arrasmith
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answered on Oct 1, 2024

It sounds like you're dealing with a difficult and unfair situation. If you feel you were unjustly banned without being given the opportunity to appeal or understand the reasons, it’s important to know your rights. In California, students have certain protections, and schools are required to... View More

2 Answers | Asked in Education Law and Civil Rights for California on
Q: Can i be banned from school property w/o appealing my ban which was 1 year

It was after filing a complaint on a vice principal

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 1, 2024

In California, a school district cannot ban a parent beyond 14 days under penal code 626.4. A school also needs to give a parent a right to contest. Arguably, anything beyond 14 days should be preceded by a lawful restraining order.

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for California on
Q: I'm SMI verified and my doctor wrote a letter for 6 emotional support animal cats and city limits 3 pets

I live in a homeless shelter that helps get housing but they don't tell the matches they found for me that I've got emotional support animals so I keep getting denied and even more the shelter say I'm refusing the housing and so they're trying to kick me out the... View More

James L. Arrasmith
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answered on Oct 1, 2024

It sounds like you’re facing a very challenging situation. Legally, emotional support animals (ESAs) are protected under the Fair Housing Act, which requires housing providers to make reasonable accommodations for individuals with disabilities. However, this can become complicated when local pet... View More

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: I have undeniable evidence that county of Tulare ,California uses its low literacy and lack of education to incarcerate

I have been pulled over when no crime was committed and unlawfully searched due to my appearance. Is that illegal?

Robert Kane
Robert Kane
answered on Sep 30, 2024

I encourage you to take your undeniable evidence to an attorney that deals with police misconduct.

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3 Answers | Asked in Real Estate Law, Civil Litigation and Civil Rights for California on
Q: What if your only evidence to a case is your own honest words

Can you be a part of someone's will and not know about it. How can you find out? I'm being evicted with an "at will tenancy" notice. Been living here for 9 yrs with my friend who owns.

Robert Kane
Robert Kane
answered on Sep 29, 2024

An individual's

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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: can an adjiont person tell you what you cannot put on your side of the fence. and demand that you take it down or it

will cut it down

James L. Arrasmith
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answered on Sep 26, 2024

In general, your neighbor does not have the right to tell you what you can place on your side of the fence, as long as it is within your property boundaries and complies with local laws and regulations. However, if what you place on your side of the fence encroaches onto their property or violates... View More

1 Answer | Asked in Civil Rights and Immigration Law for California on
Q: Credit Union discrimination because of my immigration status/nationality??

New in the country with and EAD(Combo card-Work permit & travel), one of the Credit Unions here in Fresno, CA doesnt accept my EAD card as valid ID to open an account (checkings & savings), I feel is discrimination as I have other financial institutions banks and even other 1 credit union... View More

James L. Arrasmith
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answered on Sep 25, 2024

It sounds frustrating to be denied service based on your immigration status, especially since you've had no issues with other financial institutions. Credit unions and banks are generally required to follow federal guidelines when verifying identity, and an Employment Authorization Document... View More

1 Answer | Asked in Family Law and Civil Rights for California on
Q: SB Sheriffs and Pomona PD have refused my request to reports in cases that were unfounded. Is that legal? i lost my son

I was arrested but never charged or interviewed. in 2019 my ex accused me of threatening her. Spent 4 days in jail. They took my son from me and all my rights. Never saw a judge or anything. In 2024 after filing for more visitation. My ex accused me of my son. Again CPS was called i spoke to them... View More

James L. Arrasmith
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answered on Sep 24, 2024

It sounds like you're going through a really tough time, and I’m sorry for what you’re experiencing. In California, it can be difficult to get access to police reports when you're considered a suspect in a case, even if the allegations were unfounded. This often happens because law... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: Is being Bipolar I with psychotic features as well as suffering from depression & anxiety a reason for tolling provision

I was Bipolar I with psychotic features, severe anxiety, depression & severe PTSD when the discrimination was done. I still suffer from anxiety & severe PTSD with Bipolar I. I sent The Board of Supervisors a claim in that county that my civil rights complaint was in. They replied & said... View More

James L. Arrasmith
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answered on Sep 23, 2024

It sounds like you're dealing with a very challenging situation, and I understand your concerns. Mental incapacity can be a reason for tolling (pausing) the statute of limitations, especially if your condition affected your ability to take legal action. However, the burden will be on you to... View More

2 Answers | Asked in Libel & Slander, Civil Rights and Constitutional Law for California on
Q: What can I do about a prison giving an inmate paperwork with my name on it so they can brag about it and etc on social

Media what can be done about this is in California what steps can be done my rights have been violated and now this person create narratives and etc with it they are into the street life and all they associates in prison and outside knows I reported this person contacted me on a cell phone made... View More

Robert Kane
Robert Kane
answered on Sep 23, 2024

What paperwork? This could mean almost anything. The prisoner would certainly have access to any court documents concerning him or his children.

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2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: I am nurse and my previous director was not welling to allow me practice same as others, is it discrimination?

I m a wound specialist nurse, there are two other nurses in the last organization which practice totally different then me. When I brought it up to my director that I like my role and practice to be the same as the other ones, she said she doesn’t believe in that model. I was burnt out so I quit... View More

Marina Samson
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answered on Sep 20, 2024

In order for your director's action to be considered a discrimination, her actions in denying you the practice must be based on legally protected characteristics (e.g. race, religion, ethnicity, age (over 40), sex, sexual orientations, etc.) She did not allow you to practice as the other two... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: How can I get my vehicle back that my ex has and there is a restraining order and he's violating the criminal protection
James L. Arrasmith
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answered on Sep 18, 2024

To get your vehicle back when there's a restraining order in place, start by contacting law enforcement. Since your ex is violating a criminal protection order, it’s important to report the violation, especially if they’re withholding your vehicle. Document everything related to the... View More

1 Answer | Asked in Civil Rights for California on
Q: Do I have a civil lawsuit against the San Jose Police Dept in Santa Clara County, CA

My son was arrested 3 years ago and on the video body camera of the police it shows my son asking them 8 different times to get the video footage from his apartment complex and to interview his two witnesses for their statements which they never did but they went to the victims area and asked UPS... View More

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answered on Sep 16, 2024

It sounds like you have concerns about potential misconduct by the San Jose Police Department and the District Attorney's office in handling your son's case. If the police failed to collect crucial evidence or interview witnesses despite requests, this could be a violation of your son’s... View More

1 Answer | Asked in Employment Discrimination and Civil Rights for California on
Q: During a background check or evaluation, is it ok for a manager to say that the employee was ghetto?

Based on my resume, reference and background check, I was hired to help a hospital open their new Obstetrical Unit. The majority of the staff had migrated from a hospital in the area to work there including the director and manager. Things went fairly well but they were quite stand-off-ish with me.... View More

James L. Arrasmith
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answered on Sep 15, 2024

It is not appropriate for a manager or anyone in a professional setting to describe an employee using derogatory terms like "ghetto." This kind of language is discriminatory and unprofessional and can contribute to a hostile work environment. Such behavior might violate workplace policies... View More

1 Answer | Asked in Civil Rights for California on
Q: Is it possible to sue nonprofits organizations that is 3rd party with lafh.org for violating our rights

Mental disability and our sexual orientation and or sexual harassment what we had experienced with navigating through the system homeless to help people with finding stability housing

James L. Arrasmith
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answered on Sep 14, 2024

Yes, it is possible to sue a nonprofit organization, even if they are a third party associated with another entity like lafh.org, if they have violated your rights. If you have experienced discrimination based on mental disability or sexual orientation, or if you have faced sexual harassment while... View More

1 Answer | Asked in Civil Rights and Sexual Harassment for California on
Q: Is it possible to sue LAFH.org my partner and I for discrimination against our metal disability Sexual Harassment

I’ve been trying to email Family Housing human rights and civil rights and all I get back is that my allegations against the hud.org is out of their jurisdiction which I don’t understand.

James L. Arrasmith
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answered on Sep 14, 2024

It is possible to sue an organization like LAFH.org for discrimination or sexual harassment if you believe your rights have been violated. Discrimination against a mental disability and sexual harassment are serious issues protected under both state and federal laws. However, there are specific... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Is your verbal agreement over the phone legally binding.

If I email the paperwork from the judge to the person then Bam!! that's it!... I'm free to go whenever I need.

James L. Arrasmith
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answered on Sep 13, 2024

A verbal agreement over the phone can be legally binding in California under certain circumstances, but it depends on the nature of the agreement. If both parties have clearly agreed to the terms and there's evidence to support it, the agreement could be enforceable. However, some agreements,... View More

1 Answer | Asked in Bankruptcy and Civil Rights for California on
Q: Chances of winning motion for sanctions against county for failing to follow Chapter 7 BK law, with verifiable damages?

There was a wage withholding in June/July, during which I attempted to prove an exemption but lost the motion. The day after, in July, filed for bankruptcy. The amount withheld was included in wildcard exemption, and the creditor released the withholding, advising the constable to release the... View More

James L. Arrasmith
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answered on Sep 13, 2024

In your situation, you have grounds to argue for sanctions against the county due to their failure to release the withheld wages, despite the bankruptcy filing and the provided evidence that the funds are exempt. When a debtor files for Chapter 7 bankruptcy, an automatic stay is typically placed on... View More

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