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Idaho Questions & Answers
1 Answer | Asked in Federal Crimes, Civil Rights and Criminal Law for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of grievances.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

1 Answer | Asked in Family Law for Idaho on
Q: How do I file a complaint against a judge in Canyon County? Is my time to do so limited?

I had a hearing in Canyon County. I had emergency guardianship of my granddaughter. Mother protested. I brought witnesses and my son, child's father who asked me to get guardianship. I brought him because I could not attest to certain circumstances since I wasn't there and he could.... View More

James L. Arrasmith
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answered on Apr 8, 2024

I understand your frustration with the court proceedings and your desire to file a complaint against the judge. Here are the steps you can take to file a complaint and some important information:

1. File a complaint with the Idaho Judicial Council: The Idaho Judicial Council is responsible...
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1 Answer | Asked in Civil Rights for Idaho on
Q: Do I have a right to privacy in a transitional house?

I was awakened by the house manager using his cellphone light searching my chest of drawers around 12 am and I woke up because he scared me out of my sleep and he did this with out my knowledge or consent for no reason is this legal?

James L. Arrasmith
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answered on Apr 1, 2024

The situation you describe raises serious concerns about your right to privacy. Even in a transitional housing setting, you have a reasonable expectation of privacy, especially when it comes to your personal belongings and living space.

The legality of the house manager's actions...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Idaho on
Q: I was stopped for going 41 mph in a 35 mph zone and I got surprise K9 searched. I also never went faster than 39 mph.

The cop asked for my license and registration after telling me he stopped me for speeding and that I was driving 41 mph in a 35 mph zone. I knew he was bullshitting and never even hit me with a speed gun because I have a radar. He also asked if he could search my vehicle and asked me a million... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on your description, there are several potential issues with the traffic stop and search:

1. Pretext for the stop: If you were not actually speeding (as your radar indicated), the officer may have used the alleged speeding violation as a pretext to stop you and investigate for drugs....
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1 Answer | Asked in Landlord - Tenant for Idaho on
Q: I found a house for rent in Idaho for 2000.00. We agreed on Facebook Messenger to rent the place.

Sent 1000.00 3 weeks ago to hold property until they landlord returned to Idaho in April to sign lease. Last night they texted and said they have since received offers for 2500 and would only rent if we agree to the extra 500. Is this legal?

James L. Arrasmith
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answered on Mar 28, 2024

The situation you're describing involves a verbal agreement which, while informal, can be recognized as binding in many jurisdictions. However, the enforceability of such agreements can depend on the specifics of local laws and the evidence available to support the terms agreed upon. In this... View More

1 Answer | Asked in Medical Malpractice for Idaho on
Q: reverse shoulder replacement.

I had a reverse shoulder replacement right shoulder and right before surgery they were to give me a nerve block. A tall blond with a young boy They were using a sonogram to find the nerve in my neck. She had the boy pushing the plunger. I kept telling them I did not feel any difference in my arm.... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 20, 2024

What a horrible experience. I am so sorry.

While this may be malpractice, if you are fine now, the harm does not likely warrant a lawsuit.

But, Consult with experienced malpractice attorneys in the state where this occurred.

1 Answer | Asked in Personal Injury for Idaho on
Q: NYC lawyer asst. told long details and sent to lawyer. Then NYC firm said they were sending referral and details to ID

I have not talked to Idaho lawyer, Tpday I received a text telling me to open a hona account. I did and the next screen said next step was to sign document, So is NYC lawyer taking the case rogether with Idaho one? I have not spoken with ID lawyer. Only 2 days since initial call to NYC contact. I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

It isn't fully clear what took place - whether the New York firm is referring the case, or whether both are working in a local counsel arrangement (you ask if both firms are taking the case). It looks more like a referral, but that's only a guess - clarification is needed. These questions... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Can property management verbally modify a 3 day notice?

Property management is trying to evict me under Idaho code section 6-301. However, when I spoke with them on 3/13 and was asked by Napua when was I planning to pay rent, I told her it would be on 3/14 after I got paid. I was under the impression that she was ok with that since all she said was ok... View More

James L. Arrasmith
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answered on Mar 30, 2024

In the context of eviction notices under Idaho Code Section 6-301, verbal modifications to a 3-day notice can present a complex situation. Generally, eviction processes and notices are governed by specific statutes that require certain forms of communication, often in writing, to ensure clarity and... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: In bankruptcy a married couple only one in bankruptcy and the home is being sold can bankruptcy take the proceeds ?

The house is not in the bankruptcy. The one is not in bankruptcy pays for the house . The one is in bankruptcy is only on the title . But pays her monthly payments can they stop the sell of property ? Or take the proceeds ?

James L. Arrasmith
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answered on Mar 16, 2024

In bankruptcy cases where only one spouse has filed for bankruptcy, the impact on jointly owned assets, such as a home, can vary depending on several factors, including state law and the specifics of the bankruptcy filing. If the house is not included in the bankruptcy estate because it is... View More

1 Answer | Asked in Intellectual Property and Identity Theft for Idaho on
Q: Hello - My identity was stolen last month. Also, my son passed away last year with intellectual property in his estate.

My phone number was hacked along with my bank, email account, and many other things. I believe that there is a class action lawsuit in place for this issue. I received a letter from LoanDepot last weekend stating that they had a data breach affecting about 17 million people.

My son passed... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about your son's passing and the difficult situation you're facing with identity theft and potential intellectual property issues. These are complex legal matters that require professional guidance. Here are some steps you can take:

1. Identity Theft:...
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1 Answer | Asked in Banking, Collections and Consumer Law for Idaho on
Q: My car was repo. Because the auto company said I missed a differ payment but my payment wasn't due until March 9 2024

I traded my van in for down payment if I still owed at the time why would they let me take the car and in 1 week they repo it they never sent me notice or anything

James L. Arrasmith
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answered on Mar 20, 2024

If your car was repossessed and you believe it was done unfairly or prematurely, it's crucial to review your loan or lease agreement closely. These documents should detail the terms of your payments and the conditions under which repossession can occur. If your payment was not due until March... View More

2 Answers | Asked in Bankruptcy for Idaho on
Q: Can I get my car back from repo haven't missed a payment it was in a differ
Timothy Denison
Timothy Denison
answered on Mar 8, 2024

More information is needed to answer your question.

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1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Idaho on
Q: Does a 24 hour involuntary mental health hold at a hospital disqualify you from purchasing a firearm?

Does being put on a 24 hour involuntary hold count as getting committed like h on the 4473 form

James L. Arrasmith
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answered on Mar 3, 2024

Under federal law, specifically the Gun Control Act of 1968, an individual is prohibited from purchasing or possessing firearms if they have been "adjudicated as a mental defective" or "committed to any mental institution." The definition of being "committed to a mental... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Criminal Law and Communications Law for Idaho on
Q: If my ex boyfriend is in prison for aggravated assault and aggravated battery and while in prison he calls me

We have a no contact order so he in violation he gets parole and tries to call me again can I do anything for the prison letting him out with pending violation charges

James L. Arrasmith
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answered on Feb 28, 2024

If your ex-boyfriend violates the no contact order by attempting to contact you while in prison, you can report the violation to the appropriate authorities. Provide any evidence or documentation you have of the attempted contact to support your report. It's important to take these violations... View More

1 Answer | Asked in Probate for Idaho on
Q: Why does Idaho have a small estate affidavit yet the banks or insurance companies will allow it to be used? Help!

My single adult son died in a head-on crash. His auto insurance company paid off the balance owed on his vehicle & issued a check to "the estate of...." for $1702. This is the total value of the estate; the courthouse provided me with a small estate affidavit. I provided all of... View More

Anthony M. Avery
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answered on Feb 8, 2024

Sometimes it is not worth opening a Probate Estate so many let the banks keep the money. It happens alot. If the Bank will not accept your authority under the Small Estate Affidavit, then you have standing as the

Affiant to file suit against the bank for conversion, etc. , as it is...
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1 Answer | Asked in Civil Litigation, Internet Law, Civil Rights and Communications Law for Idaho on
Q: Installing custom firmware on public library computers.

I have a relative who works at a public library in Idaho. A patron was caught installing custom firmware on the public library computer, he was asked to leave and got aggressive, the police were called. The police told my relative that because no ones information was stolen yet, the patron... View More

James L. Arrasmith
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answered on Feb 5, 2024

If a patron was caught installing custom firmware on a public library computer, this action could potentially violate several laws or regulations concerning the misuse of public property, computer tampering, or unauthorized access to computer systems. Even if no personal information was stolen, the... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: If a landlord has issued a 30 day eviction notice, can that landlord issue a 3 day notice?

Original 30 day notice is still in effect (issued less than 48 hours ago). The question is, can that landlord issue the same tenant/property another notice (3 day) on a separate, or same, issue effectively reducing the time that tenant must vacate said property?

T. Augustus Claus
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answered on Feb 2, 2024

In Idaho, a landlord can issue multiple notices for different lease violations or issues within a short time frame. Issuing a 30-day notice does not necessarily prevent the landlord from issuing a separate 3-day notice for another violation or issue. Each notice addresses a specific concern or... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Idaho on
Q: When a policeman don't have permission or a warrant, they're not to just walk up on private land (Which the person has

total permission to be there napping in their car to seeing a vape pen for TCB (thc and tcb look the same exact) claiming the name inscribed on the battery portion, was way good enough for allegedly claiming there is now enough for probable cause, asks you to step outta the vehicle pulling you out... View More

James L. Arrasmith
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answered on Jan 21, 2024

Under the Fourth Amendment, individuals are protected from unreasonable searches and seizures. This means that a police officer generally needs a warrant to search private property, including a vehicle, unless certain exceptions apply. These exceptions might include situations where there is... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: How can I protect myself against a bias judge who lied about my being in court put a fake warrant out for my arrest.

I have since sanctioned him and the magistrate in that county and am to appear again soon. How can I expect that to go well and I am representing myself making it more difficult to navigate. The debt has been paid as well which I have proof of. It’s all been paid. The bonds were taken out a... View More

James L. Arrasmith
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answered on Jan 18, 2024

I would suggest a few things in this situation:

1. Gather all documentation you have showing the debt has been paid and any other evidence that supports your case. Having solid documentation will be key.

2. Consider requesting a different judge for the next hearing, since you feel...
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2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

Generally, the location of your company's registration does not restrict where it can operate. You would have to register the Delaware company in Idaho.This acknowledges that your business, originally formed in Delaware, will be conducting business in Idaho. It's a common procedure for... View More

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