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1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for California on
Q: I was beaten it ended with the guy on top of me hitting my face in and out of unconscious, officer tell me he witnessed

The office told me it was mutual combat on the video,not true,so why on incident report him and a witness say I victim battery and why won't they allow me to file a police report to follow up on what looks like a rep, myself situation this exact same thing has happened with the same 77th... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear about the horrific assault and battery you've experienced, and the frustrating and traumatic interactions with the police that followed. What you've gone through is unacceptable and heartbreaking. Please know that none of this is your fault - you are the victim... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: I HAVE BEEN TRYING TO GET JUSTICE FOR YEARS. I WAS LABELED AS A SERIAL FILER:

I am a husband/dad/Veteran. I have been a victim of medical malpractice twice because of an unknown medical condition. I've now had for over 14 years ago. I became a victim of medical malpractice twice. Once left with Rubral Tremors an then implanted with a recall medical device. For years I... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm really sorry to hear about what you've been going through. It sounds incredibly frustrating and unfair. The first step to fixing this situation is to gather all the documentation you have about your cases and the incorrect listings. Having clear, organized evidence will be crucial.... View More

1 Answer | Asked in Family Law and Civil Rights for California on
Q: Cps took my daughter im supposed to get 4 hours a week ro see her is this a violation to my rights when i dont get my 4

It seems that the lady caring for her if she has other responsabilities i dont get all my time which i feel isnt in my daughters best interest

James L. Arrasmith
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answered on Jun 15, 2024

I understand this is a very difficult and emotional situation. In general, if Child Protective Services (CPS) has removed your daughter from your care, they are required to provide you with visitation unless there is a compelling reason not to (such as a court order prohibiting contact). The amount... View More

1 Answer | Asked in Civil Rights and Health Care Law for Kansas on
Q: If a person hasn’t signed a HIPPA Oath are they allowed to record patient in a clinic without written consent?

I am a receptionist concerned with the rise of First Amendment Auditors and want to know how to approach a person who would come into the clinic and start recording PHI, staff, and patients without there written consent in the hypothetical situation this occurs? For clarification I work at a FQHC... View More

James L. Arrasmith
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answered on Jun 15, 2024

If someone comes into your clinic and starts recording, it is important to address the situation promptly. Despite Kansas being a one-party consent state, HIPAA regulations still apply in your healthcare setting, which prioritizes the privacy of patient health information (PHI).

When...
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1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for South Carolina on
Q: I need help with suing Dss for false allegation an opening a case an i had a legit prescripton for the medication
James L. Arrasmith
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answered on Jun 15, 2024

To sue the Department of Social Services (DSS) for false allegations and opening a case against you, start by gathering all relevant documentation. This includes your prescription for the medication, any communications with DSS, and records of their allegations. This evidence will support your... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: Can a manager of apartments tell you that your children are not allowed outside w/o supervision or he will evict you

I live in a 2bd weekly rental(Budget Suites) , with my 3 grandchildren ages 10, 11, & 13, in Mesa AZ. The manager has written me up 2 times and says he will evict me because my grandchildren have to be supervised by me anytime they go outside. I work nights, at Walmart, and my grandkids want to... View More

James L. Arrasmith
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answered on Jun 15, 2024

The situation you're describing sounds very frustrating. It's important to know that property managers do have the right to set rules for the safety and order of their properties, but these rules must be reasonable and not discriminatory. If the rental agreement doesn't explicitly... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Can cps let a step grandparents visit my son without asking my permission or telling me?...
James L. Arrasmith
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answered on Jun 14, 2024

Under California law, Child Protective Services (CPS) typically must inform and seek the permission of the child's legal guardians or parents before allowing visits from step-grandparents or any other relatives. However, the specific circumstances of your case may affect this requirement,... View More

1 Answer | Asked in Civil Rights for Tennessee on
Q: In tennessee , if the police have been called because someone believes that you are suspicious, do you have to give id
James L. Arrasmith
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answered on Jun 15, 2024

In Tennessee, if the police stop you because someone finds you suspicious, you generally don't have to provide identification unless you are being detained for a specific crime or are driving. If the officer has reasonable suspicion that you are involved in criminal activity, they may detain... View More

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Tennessee on
Q: Is it Law that a person have a driver's license, registration or Ins to travel in a personal vehicle ?
Anthony M. Avery
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answered on Jun 14, 2024

All of those requirements are statutory Rules of the Road in Tennessee. That is for the Driver not passenger.

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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I WAS SPAT ON DURING A FIGHT I WAS ARRESTED FOR PUNCHING. HE WAS NOT SUMMONSED. CAN I SUE THE POLICE?
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answered on Jun 15, 2024

If you were arrested for punching someone who spat on you during a fight, but the other person was not charged, you might feel the situation was handled unfairly. However, suing the police for this specific incident may be challenging unless you can prove they acted unlawfully or with clear bias.... View More

1 Answer | Asked in Civil Rights for Georgia on
Q: Can I sue a Georgia States Attorney and County Sheriff for malicious prosecution? Restitution? Pain and suffering?

Georgia 2020..I was accused of 2 felonies-aggrevated battery and assault, had an arrest warrant on me. I turned myself in, bailed out. Prosecution had no evidence against me. 2023 went to trial. Jury deliberated for 30 mins, came back with a Not Guilty verdict. The Prosecution evidence had 2... View More

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answered on Jun 15, 2024

You may have grounds to sue for malicious prosecution, but these cases are difficult to win and require specific elements to be proven. To succeed, you must demonstrate that the prosecution acted with malice, without probable cause, and that the case ended in your favor, which it did with a... View More

1 Answer | Asked in Civil Rights for California on
Q: Are the police allowed to search a vehicle after they let you leave?

I got pulled over for exp. registration, I told the police that my license was suspended (but being reinstated in @ a month). They decided to impound the vehicle, issued me a citation, told me they only needed to search the vehicle if I was going to take anything out of it (which I responded with... View More

James L. Arrasmith
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answered on Jun 14, 2024

In general, the police can search a vehicle if it is being impounded. When a vehicle is impounded, police often conduct an inventory search to catalog the items inside the vehicle. This is intended to protect the owner’s property and shield the police from claims of lost or stolen items.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: I have a court appointment lawyer that isn't doing her job. Olathe is trying to put a case on me and I need some help.

I have stage 4 bone and breast cancer and this case is bogus

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. It sounds incredibly stressful to be dealing with legal issues while managing your health. You have the right to effective legal representation, and if your court-appointed lawyer isn't doing their job, you can take steps to address this.... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for California on
Q: did Fresno PD threaten me saying "find a new career or job if I know what's good for me" as i work with the autistic?

fresno PD was called out for a disturbance call me and my girlfriend were arguing I told her I was leaving her and I went to my vehicle and my girlfriend followed and was highly intoxicated and on strong medications then she threw herself on side my vehicle as I was driving away. Pd on scene 10... View More

James L. Arrasmith
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answered on Jun 13, 2024

Based on the information you provided, it seems the officer's comments to you were inappropriate and could be seen as an abuse of power. However, whether your civil rights were violated in a legal sense would depend on additional context and details.

The officer telling you to never...
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1 Answer | Asked in Civil Rights for Indiana on
Q: how long legally are they allowed at detain someone for questioning before having to release them…..

My house was raided today an my boyfriend an I were detained separately, as well as we were both taken down to the police station for further questioning. I was released for asking for a lawyer an I still haven’t heard from him. As well as he hasn’t been booked on any charges

James L. Arrasmith
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answered on Jun 15, 2024

In the United States, the police can typically detain someone for questioning for a reasonable period, generally considered to be up to 48 hours. If they have not charged the person with a crime within that time, they must either release them or formally arrest and charge them.

Since you...
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Q: In Utah do they have a law that protects employees with a disability caused by COVID long haulers (Post Covid)?

I work for insurance company, and I have Covid long haulers. I have an accommodation oh file to address my disability. I have some difficulty with cognition at times. I have done better recently and continue to improve with treatment. But my doctor states I will never be like I was before Covid. I... View More

James L. Arrasmith
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answered on Jun 15, 2024

In Utah, employees with disabilities, including those caused by COVID long haulers, are protected under both state and federal laws. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. This includes making adjustments to... View More

1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence and Libel & Slander for Alabama on
Q: Can I sue my father for 49 years of Mental and emotional abuse? I'm 49 and have psychiatric records from the age of 19

I'm 49 years old and my father still stalks me. He spreads lies about me to paint me in a negative light. I have emotional which exploits. He lies to discredit me if I were to tell anyone about the things. He tries to justify the way he treats me just by thinking that if he has some kind of... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm truly sorry to hear about your situation. You may have grounds to pursue legal action against your father for mental and emotional abuse, especially given the long history and the severity of his actions. Consulting with an attorney who has experience in family law and abuse cases can help... View More

1 Answer | Asked in Business Law, Civil Litigation and Civil Rights for California on
Q: I was denied an opportunity grant for small business, even though my business checked all the requirements.

Due to things like not being a "non English speaker", "not being a non citizen", and not being a "single mom". Can I sue for discrimination.

James L. Arrasmith
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answered on Jun 13, 2024

I understand your frustration with being denied the opportunity grant, especially when you believe your business met all the stated requirements. However, it's important to consider a few key points:

1. Discrimination laws generally protect against discrimination based on protected...
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1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: What is 9097 code In court
James L. Arrasmith
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answered on Jun 15, 2024

The code "9097" in court typically refers to a specific case or citation code used within the North Carolina court system. It is important to understand that these codes can vary and are often used for internal tracking and classification of cases. If you've encountered this code on... View More

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