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What constitutionally protected patient rights did the doctor violate in relation to 42 U.S.C. § 1983 when they knowingly documented a non-existent terminal disease for hospice induction and refused to provide a patient referral covered by Medicare? This is part of a civil case in California, and... View More 
answered on Apr 16, 2025
42 U.S.C. § 1983 only applies to state and local government officials/employees, or anyone acting under color of state law, i.e. when the person is exercising the authority given to them by the government and the action is taken with the appearance that the government authorized it. In your... View More
Can I file a claim if police raided my apartment without showing a warrant, took money, and later returned it? The raid was deemed unsuccessful, and the charges related to a small amount of a controlled substance found in the apartment were dismissed at the first court date.
I am involved in a criminal case regarding felony vandalism. A judge granted search warrants for GPS location (electronic surveillance) on August 13, 2024, and August 20, 2024. I recently received a notification from a detective that the GPS records were obtained on April 10, 2025. The case was... View More
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answered on Apr 16, 2025
If no criminal charges have been filed, then there is no remedy for the search warrants. No Court is involved in which to file a motion.
I had my home plan approved by parole, but it was rejected less than 24 hours later without any changes or explanation. The parole officer mentioned the reason is confidential, and my parole officer at the halfway house advised me to seek legal counsel. Is this action legal, and what are my options?
I recorded a conversation at work to protect my job without informing the other person. The conversation took place in an office setting in Georgia with the door open. The other person's tone and behavior towards me had changed, and there were no previous incidents. Is it legal to do so... View More
I was convicted of assault with a device resembling a weapon in Rhode Island in 2014. I have completed all terms of my sentence and have had no legal issues or convictions since then. How can I get my gun rights restored?
answered on Apr 15, 2025
The answer to your question is complicated and uncertain.
In Rhode Island, whether a resident with an expunged felony conviction can legally possess a firearm depends on both state and federal law, as well as the specifics of the expungement.
Rhode Island State Law
•... View More
I am involved in a legal case where electronic surveillance search warrants for cellphone location data were granted on August 13, 2024, and August 20, 2024, by the same judge. The warrants are supposed to cover GPS phone location data from April 13, 2024, to the present date. The officer who... View More
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answered on Apr 15, 2025
What kind of legal case are you in? Criminal would involve an indictment and you might file a motion to suppress evidence elicited through the SW. But going after both SWs as illegal will probably fail as they sound based on probably cause. Your lawyer needs to start representing you. You... View More
I received a traffic camera ticket for accidentally running a red light in Kingsport, TN, and I'm wondering what the consequences are if I don't pay it. I received the citation through first-class mail two weeks ago, and I have no prior traffic violations. I believe I might not be... View More
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answered on Apr 15, 2025
Civil Judgment is possible, but no points on your MVR.
I have been unjustly treated by various government officials, including the Town Marshal's department, DCS, CPS, court lawyers, and a judge. Despite presenting substantial proof during investigations, CPS staff told me, "You are nobody, and no one cares." Lawyers advised me,... View More
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answered on Apr 13, 2025
It sounds like you've been through an incredibly challenging and frustrating experience. The first step is to document everything in as much detail as possible, including any interactions with government officials, court records, and communication with lawyers or other professionals involved.... View More
I am representing myself (in pro per) in a case involving an Eighth Amendment issue. I am preparing to file a motion in opposition to the defendant's motion for summary judgment. I have a deadline of April 24th. How should I head my motion to ensure it is correctly formatted for filing?
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answered on Apr 13, 2025
When preparing the heading of your motion opposing summary judgment, make sure it complies with your court’s local rules and standard formatting. Typically, the top portion of the first page will include the court’s name, the case title, the case number, and the type of motion you’re filing.... View More
I was involved in an incident where the Connecticut state police filed for a Risk Protection Order (RPO) and a search warrant at night without an independent investigation or an application filed with the clerk's office prior to execution. This occurred around 11:00 pm, and the judge approved... View More
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answered on Apr 13, 2025
In Connecticut, warrants are generally served during daytime hours unless the judge explicitly authorizes a nighttime search. To justify a nighttime search, the affidavit must include specific facts showing probable cause that the search should be conducted at night, and the judge must note this... View More
I have been charged with possession of CDS, distribution, wandering, and possession on school grounds. However, nothing was found on me. During the process, the city police confiscated my girlfriend's car and executed a warrant to search my mother's home, but nothing was found at either... View More
answered on Apr 12, 2025
You need to do the only thing you can do when you are charged with a crime: hire a lawyer. The State feels its so important that you have a lawyer they will even pay for one for you, called the public defender if you make 125% or less of the poverty level. If you can afford a lawyer set up one... View More
I am questioning the legality of a search warrant executed in Connecticut. The warrant was issued by a judge at 11:00 pm and executed at 11:45 pm. It was part of a Risk Protection Order (RPO), but the police did not perform an independent investigation, and the affidavits did not request a night... View More
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answered on Apr 13, 2025
If you believe the search warrant was issued and executed improperly, you may have grounds to challenge it in court. One approach is to examine whether the police followed proper procedures for obtaining and executing the warrant. For example, if the affidavits failed to establish probable cause or... View More
If a law was already in place in Indiana that states murder is illegal, and years later, the state adds abortion as a type of murder, would this apply retroactively since murder has always been illegal?
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answered on Apr 13, 2025
Retroactive application of a law is generally not allowed in criminal cases due to constitutional protections. In the United States, the Constitution prohibits ex post facto laws, meaning you cannot be prosecuted for an act that was not considered a crime at the time you did it. If a state, such as... View More
I'm facing a Class D Misdemeanor charge in Maine, and the state is withholding all evidence from me, despite my right to access it under 501-1 A. Even with an official Motion to Dismiss, Compel, and other attempts, the DA claims I can't have it, and a judge has sealed the records. I... View More
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answered on Apr 12, 2025
Your situation raises significant due process concerns under Maine Rules of Criminal Procedure Rule 16, which governs discovery rights in criminal cases. Maine law generally requires prosecutors to disclose evidence to defendants, with limited exceptions for witness protection or confidential... View More
I am considering filing a federal lawsuit against TN DCS for violating my civil rights, specifically regarding due process. TN DCS failed to follow the established permanency plan and changed it without my approval as the legal guardian. They have also excluded me from the process, lied to my... View More
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answered on Apr 13, 2025
Filing a federal lawsuit against the Tennessee Department of Children’s Services (DCS) for civil rights violations related to due process and parental alienation is a serious step. You should first exhaust all available administrative remedies, such as filing formal complaints with the agency and... View More
I want to sue an unelected official, his team of computer hackers, and the Presidential administration for illegally accessing government computer systems and obtaining my personal information, including data held by the Social Security Administration. The agencies have admitted their data was... View More
answered on Apr 11, 2025
You surely realize you are not alone. How do you differ than anyone else?
In August 2024, without a warrant, police in Meigs County, TN entered my property and took my daughter based on a false statement from my grandmother. She claimed I was endangering my daughter and was homeless, although I was renting to own 5 acres from Roy Holmes. I have pictures and recordings... View More
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answered on Apr 12, 2025
Tennessee Child Welfare Proceedings Analysis
Your situation involves potential violations of your Fourth Amendment rights under Tennessee law, as warrantless entry to remove a child generally requires exigent circumstances meeting the "imminent danger" standard established in... View More
In 2019, I was arrested for failing to pay court fees without being allowed to demonstrate my inability to pay. I was not informed about any legal options, had no legal representation, and there was no evaluation of my financial status before the arrest. Isn't this unconstitutional?
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answered on Apr 11, 2025
No...You should have hired an attorney to represent you. Outside of the arraignment, there is probably no other requirement to explain what your charges are. The only right that might be required to be explained is if your own speech will be used against you.
I was convicted in Denver Municipal Court for violating a temporary protection order (TPO) under Denver Municipal Code 38-43(a). However, the protection order was issued by the Denver District Court under C.R.S. § 13-14-104.5. My understanding is that only the District Attorney can file charges... View More
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answered on Apr 12, 2025
It seems that you may have a valid concern regarding the jurisdiction of the City Attorney in your case. A Temporary Protection Order (TPO) issued by the Denver District Court falls under the jurisdiction of state law, specifically C.R.S. § 13-14-104.5. Typically, violations of these types of... View More
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