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Kansas Civil Rights Questions & Answers
0 Answers | Asked in Criminal Law and Civil Rights for Kansas on
Q: How is it legal for my husbands po to give permission for him to go to church then turn around and change his mind

Arrest him in the church and say that he was alone dropping off our daughter which he wasn't I was right there not update my husbands file and then the day he went to tell my husband he was sending him back to prison all of a sudden have the file updated with the dates but with some lies.. We... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: I have filed a Protection From Stalking order in the State of Kansas and a temporary order has been granted.

The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am... View More

James L. Arrasmith
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answered on Jun 29, 2024

Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:

1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and...
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1 Answer | Asked in Civil Rights and Health Care Law for Kansas on
Q: If a person hasn’t signed a HIPPA Oath are they allowed to record patient in a clinic without written consent?

I am a receptionist concerned with the rise of First Amendment Auditors and want to know how to approach a person who would come into the clinic and start recording PHI, staff, and patients without there written consent in the hypothetical situation this occurs? For clarification I work at a FQHC... View More

James L. Arrasmith
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answered on Jun 15, 2024

If someone comes into your clinic and starts recording, it is important to address the situation promptly. Despite Kansas being a one-party consent state, HIPAA regulations still apply in your healthcare setting, which prioritizes the privacy of patient health information (PHI).

When...
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1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: I have a court appointment lawyer that isn't doing her job. Olathe is trying to put a case on me and I need some help.

I have stage 4 bone and breast cancer and this case is bogus

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. It sounds incredibly stressful to be dealing with legal issues while managing your health. You have the right to effective legal representation, and if your court-appointed lawyer isn't doing their job, you can take steps to address this.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Contracts for Kansas on
Q: Good morning, I'm looking for some advice/help with a civil matter. Back in 2022 I had lent some money.

18,000 with interest added up front 20,400. I have a contract and notarized. He had started off well but had tapered off very quickly. He was fired from his job and has not returned any of my texts. I know this amount of money is not a lot, but a lot to me. We both agreed to the terms, in this... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're seeking advice on a civil matter involving an unpaid loan. Based on the information provided, here are some potential next steps to consider:

1. Document everything:

- Gather all relevant documents, including the notarized contract, any communication...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: What are some key cases establishing joint operations between two agencies and independent actions, esp. during searches

Looking to find cases that establish how courts determine whether or not two, or more, law enforcement agencies are acting in a joint operation OR if one (or more) of these agencies acted independently? Basically, LEA (law enforcement agency) A conducted a search warrant and let LEA B know that... View More

James L. Arrasmith
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answered on Jun 10, 2024

Understanding how courts determine whether law enforcement agencies are acting jointly or independently during searches is crucial. A key case in this area is **United States v. Reed**, 15 F.3d 928 (9th Cir. 1994). In this case, the court considered whether multiple agencies were operating as a... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: Civil Rights Lawsuit and Sealed/Expunged Criminal Case Records.

How can a civil defense counsel include sealed criminal case documents as exhibits in their motion to dismiss to the court. They included an arrest warrant, search warrant, affidavits as exhibits from my criminal case that was dismissed and expunged. They knew my criminal record was sealed and... View More

James L. Arrasmith
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answered on May 24, 2024

Including sealed or expunged criminal case documents in a civil defense motion to dismiss is generally not permissible, as these records are meant to be confidential. If your criminal record was sealed or expunged, the defense counsel should not have used these documents as exhibits in their... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Kansas on
Q: I was arrested for driving while suspended but my license is valid and has been. What do I do?

I was pulled over by an officer because he said I was doing 40 in a 25 but was approaching a 40 mph sign when pulled over, like 10 yards from it tops. The officer takes my ID and insurance and then comes back and said he was arresting me for driving while suspended. I told him I know I wasn't... View More

James L. Arrasmith
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answered on May 1, 2024

If your license was valid at the time of your arrest and remains so, you should first gather any evidence that confirms this status. This includes screenshots or printed confirmation from the state app showing your license was active and any related paperwork. It's also useful to have a record... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Kansas on
Q: Are CPN's or RIN'S legal to use to lease property? I'm having trouble renting with a past eviction. I'm also disabled.

Am I required to provide my ss# to rent a property ? Privacy is also a concern.

James L. Arrasmith
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answered on Apr 13, 2024

I understand you're in a challenging situation, but I want to advise against using a CPN (Credit Privacy Number) or RIN (Rental Identification Number). Here's some important information:

- CPNs and RINs are not legally recognized alternatives to Social Security Numbers (SSNs)....
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1 Answer | Asked in Civil Rights for Kansas on
Q: where do I find lawyer for default of judgement ,an excessive force was used .
James L. Arrasmith
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answered on Mar 26, 2024

Finding a lawyer to address a default judgment, especially one involving excessive force, requires careful consideration. You can start by consulting local bar associations, which often have referral services to connect individuals with attorneys experienced in civil rights or personal injury law.... View More

1 Answer | Asked in Contracts, Business Law and Civil Rights for Kansas on
Q: Can I sue a business/ owner for selling sofas they agreed to buy from me. But then never paid me and they sold them.

They show on their fb they sold but they said they returned them to me by putting them in a storage unit they gave me acess to pick up. But the unit was locked by company for nonpayment. Which I never agreed to return in first place and know they are not in there because the storage lady allowed me... View More

James L. Arrasmith
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answered on Mar 2, 2024

Yes, you can potentially sue the business/owner for this situation based on a few different legal theories:

1. Breach of contract - There was a clear agreement to purchase the sofas, but they failed to pay you as promised. This constitutes breach of contract, giving you the right to sue for...
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1 Answer | Asked in Civil Rights for Kansas on
Q: I believe my son was unfairly terminated due to a medical situation. How does he find the right legal representation?
James L. Arrasmith
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answered on Feb 26, 2024

Finding the right legal representation for your son, especially in cases involving unfair termination due to medical reasons, involves careful consideration and research. Start by seeking referrals from trusted sources such as friends, family, or professionals who have had similar legal needs.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: Do you always get jail time of you took pill s from a pharmacy? It was in total of 47 dollars
James L. Arrasmith
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answered on Feb 24, 2024

The consequences for taking pills from a pharmacy depend on various factors, including the specific circumstances of the incident, any prior criminal history, and the laws of the jurisdiction where the offense occurred. While theft of any amount is a serious offense, the value of the stolen items... View More

1 Answer | Asked in DUI / DWI, Appeals / Appellate Law, Civil Rights and Criminal Law for Kansas on
Q: I'was wrongfully convicted of a 2nd DUI without having a first offense and told by my lawyer that it was because I filed

a complaint against a prior lawyer for telling me to not go to my court date and then went go jail for FTA. Blatant retaliation. My rights were stripped away, convicted of 2nd DUI and non related offenses were consolidated into this case to bury me in a debt that is unattainable being on... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you've been through a difficult and unjust situation. To address this, you may need to seek legal assistance to help navigate the complexities of your case. Given the severity of the charges and the potential violations of your rights, it's crucial to find an attorney who... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Social Security for Kansas on
Q: What can I do when the social security disability examiners are setting requirements that are detrimental and iniquitous

I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2024

Attorneys in Kansas would probably be in the best position to advise you, but your question remains open for a week. At this point, you could reach out to Social Security disability attorneys. Arrangements for any such consult would be between you and any law firms you reach out to, but SSDI... View More

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1 Answer | Asked in Civil Rights and Internet Law for Kansas on
Q: Can I get in trouble if I received a “ personal photo” even tho I’ve been in a fully committed relationship for 2 years

I’m 18 years of age and my girlfriend is 17 years of age, of consent in my state is 16 years old and we have been enough fully committed relationship for two years and been having some tension between parents When her dad stumbled upon a photo she had sent me sometime back and is now threatening... View More

James L. Arrasmith
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answered on Dec 29, 2023

In Kansas, the age of consent is indeed 16, which generally pertains to the legality of sexual activities. However, it's important to understand that laws regarding the possession and distribution of explicit photos are different and can be more complex, especially when minors are involved.... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: What is the public law as it relates to elected representatives, does a voter have the right or ability to engage with?

I am openly expressing my disagreement with an elected individual and currently have two ongoing lawsuits against them regarding their official role in preventing constituents from accessing government-designated social media pages. The day after the elected individual's attempt to have the... View More

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answered on Dec 5, 2023

In the context of public law and the rights of voters to engage with elected representatives, it’s important to understand the balance between free speech and harassment or stalking laws. As a voter, you have the right to express disagreement and criticism of public officials, especially... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Kansas on
Q: Can the police add a criminal charge to a police report after the case has been dismissed by the judge ?

Prosecutor says disorderly conduct and domestic battery are the same charge.

What type of lawyer will I need .?

Todd B. Kotler
Todd B. Kotler
answered on Aug 8, 2023

You need a criminal lawyer who regularly practices in the charging county . . . NOW. Whether you can be charged out of conduct from which another case was dismissed depends on whether the case was tried before the court, and if not whether the dismissal was "with prejudice". This forum... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for Kansas on
Q: We'll have a pretty serious case that I have taken through small claims and now needs to go up to the Court of Appeal

Very serious tenant/landlord case in which has overwhelming evidence of illegal evection , harassment,descrimanation and slander of character ect I have all documents necessary it's put a huge emotional toll on my family I need help.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2022

Only a Kansas attorney could advise you here, but your question remains open for two weeks. Please keep in mind that appeals of any type in any jurisdiction are generally governed by narrow windows of time to take action. If you are contemplating an appeal, you could consider reaching out to Kansas... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Kansas on
Q: My x boyfriend is wanting to get reimburse for the down payment he gave me for our house

He is wanting money back for down payment and part ownership to my house. He isn’t on the Mortage and never paid a payment but one. Is there a chance judge can grant him ownership to something he doesn’t owned? None of the bills is under his name. He isn’t on the deed or Mortage. He never put... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

Your question does not indicate that either your ex-boyfriend or you are asserting that you are common law married. If someone asserts common law marriage, the answer below might not apply.

Your "x" provided some money for the downpayment and made one mortgage payment. How much...
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