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District of Columbia Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for District of Columbia on
Q: [US] Discriminatory federal Medicaid rules won’t allow me to own assets bc of my disability but allow people without dis

I have Medicaid on the basis of my disability in Ohio and am subject to a $2,000 asset limit. Under the Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, people without disabilities were placed in a separate group (MAGI) with no asset limit, while people with... View More

James L. Arrasmith
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answered on Oct 18, 2024

I'm sorry you're facing this challenge with Medicaid's asset limits. While there hasn't been a widely recognized case specifically addressing the discriminatory asset limits for individuals with disabilities, your concerns about fairness and equality are valid.

You might...
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1 Answer | Asked in Civil Rights and Constitutional Law for District of Columbia on
Q: I am a targeted individual and my human rights are being violated on a major level

I am pretty much living in a public place out of fear. I am being mentally tortured everyday by threats and degrading comments. Threats of violence, murder, kidnapped and tortured. I need help with this please. I am not sure what to do

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you’re going through an incredibly difficult time, and it's important to take your feelings seriously. Finding a safe space is crucial. If you’re feeling threatened, consider reaching out to local authorities or law enforcement. They can help assess your situation and... View More

1 Answer | Asked in Personal Injury and Civil Rights for District of Columbia on
Q: Seeking Legal Advice: Do I have a potential case? Would it fall under civil rights/police misconduct or personal injury?

My sister and I were victims of a carjacking in Washington, DC right outside my home on March 25, 2024. My car was eventually located, and the juvenile perpetrators were apprehended later that evening.

On June 24, 2024, I was pulled over by Colonial Heights, VA police. This was no routine... View More

James L. Arrasmith
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answered on Jul 27, 2024

Based on your description, you might have a potential case that could fall under both police misconduct and personal injury. The trauma you experienced during the incident and the subsequent emotional distress are significant and should be taken seriously. It sounds like the Colonial Heights police... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Election Law for District of Columbia on
Q: Why does Georgia not allow people to give water who are waiting in line voting? What is their reasoning?

In my opinion I think its an excuse to make voters feel uncomfortable and not vote. But what do they think the reasoning is? And whatever the reasoning is can it really be valid? I understand states have a right to set election laws but anyone can see through this as a way to punish people for... View More

James L. Arrasmith
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answered on Apr 13, 2024

In 2021, Georgia passed a controversial election law known as SB 202 which, among other provisions, made it a misdemeanor to give food or water to voters waiting in line. The stated reasoning by supporters of the law was to prevent electioneering or attempts to influence voters in line.... View More

1 Answer | Asked in Civil Rights for District of Columbia on
Q: Do I have rights to my mom’s personal belongings

Me and my boyfriend lived with my mom and so called boyfriend for 3 years my mother passed away February 12 and on the 13 her so called boyfriend kicked me and my boyfriend out of the apartment and changed the locks on the apartment told us my mom was dead that’s his house now and we couldn’t... View More

James L. Arrasmith
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answered on Feb 25, 2024

As the blood daughter of your mother, you have rights to her personal belongings after her passing, especially if she did not leave a will specifying otherwise. The belongings of your mother are legally considered part of her estate, and as a direct next of kin, you typically have a claim to this... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Libel & Slander for District of Columbia on
Q: IS MENTALLY BULLYING AND TORTURING SOMEONE FOR WEEKS AND MONTHS BY CALLING THEM NAMES A CRIME

I HAVE BEEN TORTURED FOR QUITE SOME TIME NOW BY THE STAFF AND SECURITY AS WELL AS THE PATRONS AND GUESTS AT THE KALAMAZOO GOSPEL MISSION, MINISTRY WITH COMMUNITY, AND THE KALAMAZOO PUBLIC LIBRARY ROSE STREET. I KNOW MOST PEOPLE ON HERE THINK I AM A DELUSIONAL, PARANOID, METH ADDICT, AND I AM AN... View More

James L. Arrasmith
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answered on Feb 24, 2024

Experiencing harassment, name-calling, and bullying, especially over an extended period, can be deeply distressing and potentially fall under various legal protections against harassment and emotional abuse. In many jurisdictions, including parts of the United States, sustained harassment that... View More

Q: Attorney General for Maryland submitted Application for Expungement of Wrongful Conviction Records without my knowledge

Administrative Judge issued Order for Expungement, Certificate of Compliance from Public Safety attested Order Complied with but same Wrongful Conviction Records is showing on background Check for over 30 years. Attorney General Who filed for Expungement Represents Maryland’s Public Safety Agency... View More

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, if there is a court order for expungement that hasn't been complied with, you may indeed have a legal claim against the responsible parties for non-compliance. This can be particularly relevant if the wrongful conviction records are still affecting your life, such as... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for District of Columbia on
Q: What rights are covered by the Constitution when you have a carry and concealed weapon permit in Washington DC.
James L. Arrasmith
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answered on Oct 15, 2023

In Washington, D.C., as in many other jurisdictions in the United States, the right to carry and conceal a weapon is governed by a combination of federal and local laws and regulations. When an individual obtains a carry and concealed weapon permit in Washington, D.C., they typically have the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for District of Columbia on
Q: Are there proper or certain procedures required by the police department dealing with concealed carry permits?
James L. Arrasmith
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answered on Oct 15, 2023

The procedures for dealing with concealed carry permits can vary significantly from state to state and even within different jurisdictions within a state. Generally, the issuance and regulation of concealed carry permits fall under state law, and the specific procedures are outlined in those laws.... View More

1 Answer | Asked in Consumer Law, Civil Rights, Public Benefits and Small Claims for District of Columbia on
Q: I'm A Handicap 34 Year Old Handicap Man In Washington D.C. &, I Have Some Cases!

I, Was Asked Too Get Out Of A Wheelchair That I Was Asked To Get Out Of The Wheelchair I, Was In! Because I Had Feel Asleep!

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2023

A D.C. attorney could advise best, but your question remains open for two weeks. It isn't fully clear what happened in leading up to being ordered out of the wheelchair. I'm sorry for your ordeal. One option could be to try to arrange a free initial consult with an attorney to sort the... View More

1 Answer | Asked in Criminal Law and Civil Rights for District of Columbia on
Q: Do I have the right to leave the property during a house search
James L. Arrasmith
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answered on Jun 18, 2023

In the United States, if law enforcement officers have a valid search warrant, they generally have the right to search the property specified in the warrant. However, you do have the right to leave the property during a house search, as long as you are not being detained or arrested.

If you...
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Q: I work disability one thru NW Works at USDA . IVE WALKED OUT DUE DO ALL THE STRESS OF HARASSMENT , depressions started

Employee of USDA has been verbally harassing me , constantly messing with my cleaning items , his boss also harassing me . My depression has got to the point where I walked out of work. No support from NW Works.

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 18, 2023

If you have not already filed an informal complaint with your agency, you should do so immediately. Under the Federal Sector regulations, which cover federal employees, you have 45 days to file an informal complaint of discrimination from the date that discrimination or the date of last retaliation... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for District of Columbia on
Q: Can my pastors come in my home because it’s on church property without my permission?

I live on the property of the church I attend, and I also work here. I haven’t started paying rent yet, but I will be soon. Someone told the pastors that they smelled marijuana coming out of my apartment and the pastors showed up unannounced and demanded they come into my home without giving me a... View More

James L. Arrasmith
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answered on Mar 11, 2023

As a resident on church property, you have the right to privacy and the right to deny entry to others, including pastors, without your consent or without a legal warrant. Just because your home is located on church property does not mean that your pastors have the right to enter your home without... View More

1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and International Law for District of Columbia on
Q: I’m getting married with an Au Pair that finishes contract before. How much time do we have for her not become ilegal?

I am marrying an AuPair. She was supposed to finish her program next May but she wants to quit due to bad relationship with the host family. Because she quits she technically has to leave the country “as soon as possible” but we are not sure how long that is. We want to get married as soon as... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 24, 2022

Is your girlfriend’s J visa subject to the two year residency requirement? If not, she may be able to adjust status after marriage. Discuss the facts of your situation with counsel in a private phone call.

1 Answer | Asked in Employment Law and Civil Rights for District of Columbia on
Q: If an employer "requests" that you complete a dd3150, are you legally obligated to complete and submit that form?

The form specifically states: "While the information requested on this form is intended to be used primarily for internal purposes, in certain circumstances it may be necessary to disclose this information externally. And 85 Fed. Reg. 17047 states that "Providing this information is... View More

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Oct 4, 2021

You do not have to sign the form. However, by not signing the form you can expect to be treated as not having been fully vaccinated. The policy is not discriminatory on its face if it is equally applied to everyone regardless of sex, race, national origin, religion or disability. It does not seem,... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Elder Law and Small Claims for District of Columbia on
Q: can i file suit for defamation and elderly abuse under Title 18 in dc? under what sections? Cannot get an answer.

I am 70 years old. I asked a question during a town hall meeting at the senior wellness center I have attended daily for the last 7 years. The 55 year old program director, did not like the question because she did not have a valid answer, was embarrassed. She then filed a fictitious Barring... View More

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2020

A Washington, D.C. attorney could advise best, but your question remains open for four weeks. At this point, you could reach out to attorneys in the Libel & Slander sections to discuss. As a general note, keep in mind that such cases are not generally handled on a contingency basis the way... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for District of Columbia on
Q: Is a law firm responsible and liable for their attorney's misconduct?

I hired a lawyer that can practice in DC, however, his firm is based in Atlanta, Georgia. This lawyer lied, filed documents without my consent, and disappeared by not responding to emails and text messages, etc. and my case was just dismissed due to his erratic behavior.

I reached out to... View More

Steven Krieger
Steven Krieger
answered on Jul 2, 2020

It sound like you may have a legal malpractice claim against the firm. Without more details, it's hard to provide more information, but it's certainly worth exploring and I'm sure anyone who responds would be happy to help if you decide to engage an attorney. Good luck.

3 Answers | Asked in Civil Rights and Criminal Law for District of Columbia on
Q: In DC when the police are called, do I have to answer their questions? Do I have to show them my ID? Can I leave?
Mark Oakley
Mark Oakley
answered on Dec 19, 2018

You never have to answer questions, and you are free to leave at any time until and unless you are under arrest, for which they require probable cause to believe you have committed a crime in their presence, or a recent crime nearby, or if they have an arrest warrant.

Regarding pedestrian...
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Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

If so, is their case law?

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for District of Columbia on
Q: What can I do if my son who's is 9 wants to come home and his dad won't let him neither of us have court order custody

He went to finish the school year no his father's cut all contact no number to reach him no address and I try to call via face book no answer neither of us have a court ordered custody threw the courts and his father just recently started coming back around he been in and out all his life... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

You can file for custody rights in court. If the dad abducted your child, you can report that to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... View More

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