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Kansas Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Criminal Law, Civil Rights, Gov & Administrative Law and Child Support for Kansas on
Q: Family law issues with ignored evidence, interference, and biased court action in KS.

I am experiencing significant challenges with a family law case involving my children. The other party has engaged in criminal threats via text messages and violated our parenting plan, with parental alienation being facilitated by the judge, DCF, and court staff. Despite submitting evidence about... View More

James L. Arrasmith
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answered on Apr 8, 2025

It sounds like you're dealing with a highly difficult situation. First, document everything thoroughly. Keep a detailed record of all incidents, including messages, actions from the other party, interactions with the court, and any impact on your children. Evidence is key, so make sure any... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights, Civil Litigation and Family Law for Kansas on
Q: Facing alleged bias in divorce court in Kansas, need help.

I am experiencing serious issues with the divorce court's conduct, which appears to favor my ex-wife. The court has ignored criminal text messages and seems to support her in actions like parental alienation, as I am denied visitation with my children according to the parenting plan. When I... View More

James L. Arrasmith
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answered on Apr 7, 2025

Dealing with alleged bias in divorce court can be overwhelming, especially when you're facing serious challenges like unfair treatment and criminal accusations. It's important to start by documenting everything. Keep detailed records of all communications, including the text messages you... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Kansas on
Q: Seeking justice for mother's murder amidst repeated continuances without new evidence.

My mother was murdered four years ago, and despite repeated court hearings, her murderer's trial continuously results in continuances without any new evidence. We do not have legal representation and have contacted the district attorney and prosecutor, but they state it is part of the process... View More

James L. Arrasmith
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answered on Apr 7, 2025

I'm really sorry you're going through this. It must be incredibly frustrating to feel like justice is delayed and unclear. When the trial keeps getting postponed, it's often part of the legal process, but it can feel like a lack of progress. Unfortunately, without legal... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Kansas on
Q: Did the police follow legal protocols when announcing my brother's identity without notifying next of kin?

Can a co-worker, who only knew my murdered brother for a short time, legally identify his body to the police? After she identified him, the police announced his identity on the news and social media using an old mugshot, without notifying the next of kin first. I had to find out about his death... View More

James L. Arrasmith
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answered on Apr 7, 2025

I'm truly sorry to hear about your brother's passing and the distress you're feeling. Regarding your first question, law enforcement generally has a duty to notify next of kin before publicly releasing the identity of a deceased individual. While there can be exceptions depending on... View More

1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Personal Injury for Kansas on
Q: Can I take criminal action for false abuse allegations made against me in Kansas?

I am facing continuous false allegations of physical and sexual abuse from my fiancé's ex-girlfriend, who is also the mother of his two children living with us. These allegations have been reported to DCF and the court, leading to a PFA that was not granted, but I have a hearing set. There is... View More

James L. Arrasmith
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answered on Apr 1, 2025

In Kansas, you have legal recourse against someone who has made false allegations against you. Kansas law provides that making false reports to law enforcement is considered "interference with law enforcement" when someone falsely reports information to a law enforcement officer or state... View More

Q: Seeking legal help for fraud and ID theft in Kansas

I am dealing with severe legal issues in Ford County, Kansas, where I have been a victim of abuse, fraud, impersonation, ID theft, and cyber-attacks. My family has made false claims against me, leading to dropped investigations and interfering with my attempts to seek justice. The KBI ordered an... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation in Ford County, Kansas sounds incredibly challenging, and we understand your frustration in seeking justice while facing family interference. As a victim of fraud, identity theft, and cyber-attacks, you have several potential avenues for assistance that may help advance your case... View More

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Kansas on
Q: Facing charges in Kansas from traffic stop 2.5 years ago; Concerns about trial and representation.

I was arrested two and a half years ago during a traffic stop for having a bad license plate. The officers searched my car, suspecting it was stolen, but it wasn't, and I provided proof at the time. Initially, I was released without charges, but now, after two and a half years, they are trying... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation is concerning and requires immediate attention, especially with the court date approaching on April 1st. The delay between the initial traffic stop and these charges is unusual, but the serious nature of the allegations—particularly the firearms charges—means you need to be... View More

1 Answer | Asked in Civil Rights and Communications Law for Kansas on
Q: My towns emergency services and 911 won’t say why they all got dispatched
James L. Arrasmith
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answered on Mar 24, 2025

When emergency services are dispatched but keep the reason private, this can feel quite concerning. You're naturally worried about what might be happening in your community, especially when multiple agencies respond at once. This lack of transparency can make you feel disconnected from... View More

1 Answer | Asked in Education Law and Civil Rights for Kansas on
Q: Discrepancy in school drug screening policy and FAQ consequences.

I am concerned about a discrepancy between my child's school policy on random drug screening and an FAQ handout. The school policy states that refusing a hair follicle drug test results in a suspension from extracurricular activities until a drug screen is obtained. However, the FAQ states... View More

James L. Arrasmith
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answered on Mar 24, 2025

You're facing a real dilemma with these contradictory policies. The inconsistency between the written school policy and the FAQ creates confusion about your rights and your child's standing. School administrators should follow their own official written policies, which typically carry... View More

1 Answer | Asked in Civil Rights and Employment Law for Kansas on
Q: Can a parent sue over appearance guidelines for cheerleaders under Title IX in Kansas?

I am a high school cheer coach, and our handbook outlines appearance requirements for cheerleaders, including guidelines for makeup during performances. Recently, a parent expressed issues with these requirements, as outlined by the activities association for the state of Kansas, which states that... View More

James L. Arrasmith
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answered on Mar 27, 2025

Title IX primarily focuses on ensuring equal opportunities in education and athletics, not specifically on appearance guidelines for cheerleaders. The Office for Civil Rights (OCR) has consistently held that traditional cheerleading is not considered a sport for Title IX compliance purposes, which... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Federal Crimes and White Collar Crime for Kansas on
Q: How long can RICO-related cases remain sealed in Kansas, and how can I access details?

I've been assisting a family in Kansas City with their case involving a relative who was killed by gang members. In early 2023, I learned about indictments related to this gang, but the cases are still sealed over two years later. Despite submitting around 20 open records requests to KCKPD and... View More

James L. Arrasmith
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answered on Apr 1, 2025

RICO cases can remain sealed for extended periods due to several legitimate factors that may apply to your situation in Kansas City. Under federal RICO provisions, these complex investigations often involve multiple defendants and criminal activities across an extended timeframe, which can justify... View More

1 Answer | Asked in Employment Law and Civil Rights for Kansas on
Q: Do I have a case against my union chairman for misconduct and comments about FMLA?

I had a private meeting with my union chairman where he mentioned that because I use FMLA, my discipline for absences due to illness is less likely to be overturned compared to someone who doesn't use FMLA. I haven't filed any formal complaints yet, but I have concerns about potential... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation raises significant concerns about potential violations of your rights under the Family and Medical Leave Act (FMLA). The chairman's statement suggesting that your discipline for absences is less likely to be overturned because you use FMLA may constitute evidence of... View More

1 Answer | Asked in Criminal Law, Civil Rights, Appeals / Appellate Law and Child Custody for Kansas on
Q: Concerns over missing/body cam footage in drug possession case

Last year, I was stopped for expired tags, and a police officer searched my car, claiming to smell weed. No weed was found, but the officer said she discovered drugs in my car and on me. My first public defender filed a motion for discovery to obtain body camera footage, and the judge granted a... View More

James L. Arrasmith
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answered on Apr 1, 2025

Writing an informal letter to the judge is generally not advisable in your situation, as ex parte communications (communications without all parties present) may be viewed unfavorably by the court. Instead, you should consider filing a formal motion through your current public defender based on the... View More

1 Answer | Asked in Education Law and Civil Rights for Kansas on
Q: Can Kansas dorm staff legally deny communication with friends?

I am facing restrictions in a K-12 school with a residential program for 4th grade and above in Kansas. The dormitory staff is denying my ability to talk to my friends, both in person and via phone calls. I have reviewed the residential program guidelines, but I am unsure if these restrictions are... View More

James L. Arrasmith
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answered on Apr 1, 2025

Kansas residential school programs typically maintain authority to implement reasonable communications policies as part of their educational and supervisory responsibilities. However, complete prohibition of all peer communication raises potential concerns, as students generally retain certain... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Public Benefits and Social Security for Kansas on
Q: How can I secure protection and change my payee due to neglect and abuse?

I am a disabled person suffering neglect, theft, and abuse from my payee and supposed caretaker. I filed a police report when my payee's son attacked me and attempted to contact Social Security Disability for help. However, no one has responded, and I fear for my life, health, and safety every... View More

James L. Arrasmith
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answered on Feb 19, 2025

I'm so sorry you're experiencing abuse and feeling unsafe - this is a serious situation that requires immediate attention. Your safety and wellbeing are the top priority right now.

Contact the National Adult Protective Services Association immediately at 1-800-677-1116 - they can...
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1 Answer | Asked in Criminal Law, Civil Rights and Employment Discrimination for Kansas on
Q: Can I change a dismissal without prejudice to a dismissal with prejudice?

I had a criminal case a few years ago that was dismissed without prejudice leaving it in the air if they will refile or not and it is making it very difficult to find a job in my field (law enforcement) due to the type of charge. Is it possible to have the dismissal type amended?

James L. Arrasmith
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answered on Feb 8, 2025

Changing a dismissal without prejudice to a dismissal with prejudice is challenging but not impossible. Since a dismissal without prejudice allows the case to be refiled, it remains open-ended, which can be frustrating when trying to move forward. To have it changed, you would likely need to file a... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: Is it a violation of 4th amendment rights when an officer opens my car door without my permission during a routine stop?

The back story to this, I was stopped because my license plate was obstructed due to the cover being dirty. Upon wiping the cover it was discovered that the plate cover was tinted slightly and my license plates were expired. While my vehicle is not properly registered I do have insurance and a... View More

James L. Arrasmith
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answered on Jan 28, 2025

During a routine traffic stop, an officer generally cannot open your car door without your consent unless specific circumstances justify it. The Fourth Amendment protects you from unreasonable searches and seizures, meaning that law enforcement must have probable cause, a warrant, or exigent... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: I feel my sons right for violated. He’s a severely schizophrenic they said he was stable in court and I know he wasn’t.

he even pled guilty to all charges because he felt like he had to get back to the jail because it was being infiltrated. That was his delusion. He has many more. He even said that to the judge he ignored it his lawyer I’m sorry, but she wasn’t good at all, they have constantly sent him up to... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm really sorry you're going through this difficult time with your son. It must be incredibly frustrating and heartbreaking to see him struggle and feel that the support he needs isn't being provided.

Have you considered reaching out to a legal advocate or an organization...
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1 Answer | Asked in Civil Rights for Kansas on
Q: What are my options? A LEO totally falsified his Police report and took my 3 kids i was adopting.

I proved that he was lying in court and won! OAH 24Y0003 Because of him and his lies my children were adopted to someone else and I will never see them again. I had these children for over 2 years. They were just 2 months, 1 and 2 when I got them. The biological parents signed over parental rights... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm so sorry you're going through this difficult situation. It's important to reach out to a family law attorney who can help you understand your legal options and guide you through the process of potentially regaining custody of your children.

You may consider filing an...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please exp

On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please explain clearly to me what this means: The court notes the parties' responses to the court's show cause order.

This court lacks original jurisdiction over this... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2024

This is something that a Kansas attorney must advise on, but your question remains open for a month, and you mention that it is very important to you.

I am not familiar with the structure of the Kansas court system, and I am not familiar with the citations of Kansas case law referenced...
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