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Illinois Civil Rights Questions & Answers
0 Answers | Asked in Domestic Violence, Criminal Law, Civil Litigation and Civil Rights for Illinois on
Q: Estranged wife's perjury in order of protection case, video evidence at criminal case benefits me, steps to contest OOP and pursue perjury.

I am involved in a legal situation where my estranged wife obtained a temporary order of protection against me last year following my domestic battery arrest involving my 16-year-old son. My wife claimed she was recording the incident on her phone but later stated in her affidavit for the order of... View More

1 Answer | Asked in Family Law, Civil Rights and Civil Litigation for Illinois on
Q: Preparing pro se for hearing with false police reports and court lies in family law case.

I've been preparing for an upcoming hearing as a pro se litigant in a family law case. I had legal representation until my Order of Protection was obtained, but I am not considering a lawyer at this time. The hearing is this Monday, following a petition for the allocation of parental rights... View More

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2025

I am not sure what you are fighting over in your family law case. Rarely can one prove that something is a lie unless the other party admits it. If it's just you against the world fighting you are not likely to win. You should seek legal counsel.

1 Answer | Asked in Civil Rights, Civil Litigation and Criminal Law for Illinois on
Q: Detectives visited about Craigslist ad; feeling harassed. Options?

In 2021, two detectives visited me regarding a Craigslist ad I posted seeking a lady to help with rent. They alleged involvement in a scam where they pretended to be a teenage girl looking for housing. I was not arrested, but the interaction caused me mental stress, as one detective was rude, and I... View More

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2025

I do not see a civil rights case here. The police were just making sure that you were not trying to get at minor girls with your ad. It sounds like you did not bite. Good for you. Move on with your life. 2021 was a long time ago.

2 Answers | Asked in Criminal Law, Education Law and Civil Rights for Illinois on
Q: Advice on responding to SCCR about alleged exam misconduct.

I received an email from my professor accusing me of misconduct during an exam, stating that the PT report showed I was typing unnecessarily and frequently looking away from the screen. I initially denied the use of external resources but now regret not telling the truth. The professor plans to... View More

Cheryl Powell
Cheryl Powell
answered on Apr 17, 2025

If you are in college, they probably have a student legal services office. Probably the best thing to do is contact them as they probably deal with this issue a lot. If no legal services, contact the ombudsman on campus.

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1 Answer | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for Illinois on
Q: Can I call the police on residents in common areas near my door in Illinois, or is it a misuse of resources?

I live in a residential complex where some residents have mental health and memory issues. One resident, a young lady, frequently knocks on my door mistakenly thinking I'm someone else. Although I have raised this issue with the property manager, they advised me to ignore it since the resident... View More

James L. Arrasmith
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answered on Apr 16, 2025

It is not a misuse of resources to call the police if you genuinely feel unsafe or believe a situation has escalated to a point where intervention is needed. However, calling the police simply because residents are standing or talking in a common area—especially when no threat or criminal... View More

Q: How can I challenge a child neglect record with DCFS due to biased witnesses and credibility issues in Illinois?

I have been placed on the state record for child neglect by DCFS due to an incident involving my oldest child’s mother. During a custody exchange, a confrontation occurred when I lowered her phone as she tried to record my fiancé. My ex started hitting me, pulling my hair, and scratching me. I... View More

James L. Arrasmith
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answered on Apr 13, 2025

To challenge the child neglect record in Illinois, you’ll want to first gather all evidence that supports your version of events. This includes any discrepancies between witness statements, police reports, and court testimony. If you believe the officer's statement was inaccurate, try to get... View More

1 Answer | Asked in Civil Rights, Election Law, Civil Litigation, White Collar Crime and Criminal Law for Illinois on
Q: Does Elon Musk have immunities against civil action in Illinois for election-related fraud?

I am concerned about a situation involving Elon Musk and potential violations of 815 ILCS 505/2. I have evidence, including articles, media, and social media recordings, indicating he may have subverted the general election by offering cash to voters for personal gain. This act has directly harmed... View More

James L. Arrasmith
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answered on Apr 12, 2025

Elon Musk, like anyone else, is subject to the laws of Illinois, including the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2), which addresses fraudulent actions. If you have evidence that he violated election laws or engaged in fraudulent behavior that harmed your... View More

2 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for Illinois on
Q: Seeking guidance for workplace sexual assault incident with witnesses and footage from 2017-2018 in Illinois.

I was sexually assaulted at work around 2017 or 2018. Despite having witnesses and camera footage, my manager did not report the incident to the police or take any action. I had to continue serving the customer involved. I spoke to a psychiatrist about it, but he said it wasn't sexual assault.... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

You claim that you were sexually assaulted 8 or 9 years ago. You also tell us that your psychiatrist advised you the situation that you conveyed did NOTconstitute sexual assault. You tell us that your manager made NO police report but your manager was not assaulted. You claim that you were... View More

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2 Answers | Asked in Medical Malpractice, Civil Rights and Personal Injury for Illinois on
Q: What can I do about a psychiatrist's inappropriate conduct in Illinois?

I had a psychiatrist for six years, mainly consisting of talk therapy after discontinuing medications. He made inappropriate comments, such as asking about my experience as a woman with physical features and dismissing my experiences of abuse. He objectified me and commented on my attractiveness,... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

What you describe is your opinion that the psychiatrist conducted himself/herself inappropriately. You also say that you have consulted with his peers, butt you do not tell us their opinions. Another psychiatrist or clinical psychologist would be in the best position to advise you whether your... View More

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1 Answer | Asked in Gov & Administrative Law and Civil Rights for Illinois on
Q: Is a parking pass required for disabled parking at a mosque event?

I live near a mosque that was recently completed in my area. They are charging for parking during a holiday event, which is fine. However, my mother is disabled and requires a handicap parking space for closer entry. There are designated disabled parking spaces with signs indicating they are for... View More

James L. Arrasmith
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answered on Mar 27, 2025

Disabled parking regulations typically apply to both public and private properties, but enforcement can vary based on local laws and the property owner's policies. While disabled parking spaces must be available by law, whether payment is required for those spaces at private events falls into... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Employment Law for Illinois on
Q: Chances of winning court case after partial denial of summary judgment.

My summary judgment was partially denied in favor of the defendant; their motion for summary judgment was granted regarding my discrimination and retaliation claims but denied for my harassment claim. I have evidence supporting my harassment claim, and the defendant's representation dropped... View More

James L. Arrasmith
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answered on Mar 26, 2025

Your partial victory at the summary judgment stage is promising. When a judge denies summary judgment on your harassment claim, it means they believe there are genuine factual disputes that deserve a full trial. This doesn't guarantee success, but it indicates your case has enough merit to... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Municipal Law and Animal / Dog Law for Illinois on
Q: Is it legal for emergency services to escort basketball team violating noise ordinance?

I live in a town where the local police department, fire department, and EMS use emergency vehicles with lights and sirens to escort a basketball team through town under the guise of tradition, even for games they didn't win. This occurs late at night (previously at 11 PM, recently at 9 PM)... View More

James L. Arrasmith
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answered on Apr 1, 2025

The legality of emergency vehicles escorting basketball teams depends on your local and state laws governing emergency vehicle operations and exemptions to noise ordinances. Emergency vehicles are typically granted exemptions from traffic and noise regulations only when responding to genuine... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Illinois on
Q: Need help with appealing denial of certificate of innocence in Illinois

I was denied my petition for a certificate of innocence even though my case was vacated and dismissed on my post-conviction motion. I need to appeal the denial to seek compensation for wrongful incarceration through the court of claims. The judge granted me a 14-day extension to file an amended... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand your frustration with the denial of your certificate of innocence. For your amended notice of appeal, you'll need to clearly address the specific reasons for denial by providing documentation that proves your innocence and confirming that your case was dismissed. Many people... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Illinois on
Q: Need guidance filing amended notice of appeal for certificate of innocence denial in IL.

My petition for a certificate of innocence was denied because the judge felt I didn't include sufficient documentation or proof of my innocence, even though the same judge vacated/dismissed my case and my bond was refunded. I have received a court form stating the case was vacated/dismissed,... View More

James L. Arrasmith
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answered on Mar 24, 2025

Filing an amended notice of appeal for a certificate of innocence in Illinois requires careful documentation of the judge's errors in interpreting your evidence.

Your situation presents strong grounds for appeal since you have official court documentation confirming your case was...
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1 Answer | Asked in Civil Rights, Criminal Law and Libel & Slander for Illinois on
Q: Legal issues with song encouraging suicide?

I am considering releasing a song publicly that is themed around encouraging suicide. While the song targets a specific individual, it does not directly state their identity, nor have I communicated to anyone who this person is. There have been some past interactions with this individual and they... View More

James L. Arrasmith
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answered on Mar 26, 2025

Creating a song that encourages suicide could expose you to serious legal consequences. In many jurisdictions, intentionally encouraging or assisting someone to take their own life is a criminal offense, even if the person isn't explicitly named. The fact that you've had prior threatening... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Illinois on
Q: How to retrieve stolen dog from ex-girlfriend?

I was detained for 50 days, and during my detention, my dog was stolen from my house, reportedly by my former girlfriend. Before my detention, my dog was registered to me, and I have documentation of the microchip and vet records. My ex-girlfriend initially communicated that she would return him... View More

James L. Arrasmith
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answered on Mar 26, 2025

Your situation is tough, but you have strong legal standing with the microchip registration and vet records establishing ownership of your dog. As pets are legally considered property, you can file a police report for theft, which creates an official record of the situation even if police... View More

1 Answer | Asked in Education Law and Civil Rights for Illinois on
Q: Teacher won't allow bathroom use, how to address legally?

I am facing an issue at school where my teacher repeatedly refuses to allow me to use the bathroom. Despite discussions between my parents and the school administration, the problem persists, and it's negatively affecting my health and well-being. What steps should I take to address this legally?

James L. Arrasmith
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answered on Mar 27, 2025

Your situation is concerning, as access to bathroom facilities is a basic need that impacts your health. You should begin by thoroughly documenting each incident when permission is denied, including dates, times, and any physical symptoms you experience as a result of these restrictions.... View More

1 Answer | Asked in Civil Rights and Employment Law for Illinois on
Q: Privacy violation at UPS during drug test wait

I believe my right to privacy and civil rights were violated by my employer. As a full-time UPS driver with 9 years of service, I was required to sit in an office with the door open for nearly 4 hours while waiting to take a drug test, which should have been conducted at a testing center. During... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation at UPS raises legitimate privacy concerns. Being made to wait in an office with the door open for four hours while colleagues inquired about your presence could potentially violate your right to confidentiality during workplace drug testing. Employment drug testing typically includes... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Illinois on
Q: Trouble with HR for pride parade mention and "ladies" term.

I got in trouble with HR at my workplace for mentioning my attendance at a pride parade and for asking my team not to use the gendered term "ladies." I am openly gay and a closeted trans individual. HR called me unprofessional and made a discriminatory comparison between being gay and... View More

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answered on Apr 1, 2025

Your situation potentially constitutes workplace discrimination based on sexual orientation and gender identity, which is explicitly protected under California's Fair Employment and Housing Act (FEHA). The comparison between sexual orientation and political affiliation demonstrates a... View More

1 Answer | Asked in Civil Rights and Employment Law for Illinois on
Q: Can a department seize an officer's personal weapon without a court order?

I am a law enforcement officer, and my department seized my personally purchased primary duty weapon without a court order. A week prior to the seizure, I became upset about what I perceived as unfair work practices. However, no specific incident, investigation, or policy was cited as a reason for... View More

James L. Arrasmith
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answered on Apr 1, 2025

The seizure of your personally purchased duty weapon without a court order raises significant legal concerns. While law enforcement agencies maintain broad authority to regulate equipment used in official duties, this authority is not unlimited and must be exercised in accordance with... View More

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