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Kansas Civil Rights Questions & Answers
0 Answers | 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

0 Answers | 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

0 Answers | 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

0 Answers | 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

0 Answers | 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

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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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: Can an officer in KS stop someone on the street walking and search them for what they say is safety and no explanation.

Officer stopped someone on the street who is not on probation or any kind of paper and ask if they can search. Person doesn’t consent but they do anyway.

James L. Arrasmith
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answered on Oct 22, 2024

In Kansas, police officers have the authority to stop and search someone on the street if they have a reasonable suspicion that the person is involved in criminal activity. This doesn't require the individual to be on probation or have any prior records. The officer must be able to articulate... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: If the police department illegally breaks in your back door and you catch them

And the kbi actually takes your case and convicts The police officers in a court of law 4 illegally breaking and entering and criminal damage to property and the 2 police officers get fired do you have a basis to Sue for civil rights since it was your house they broke into even though the KB I has... View More

James L. Arrasmith
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answered on Oct 21, 2024

Yes, you may have the right to file a civil lawsuit for civil rights violations even after the criminal case has been resolved. Criminal convictions of the officers do not prevent you from seeking additional damages through a civil case. You can sue the city or the police department for actions... View More

1 Answer | Asked in Civil Rights, Adoption, Federal Crimes and Libel & Slander for Kansas on
Q: A LEO took my kids and completely falsified his Police report. I was Affirmed by DCF. I fought in court and won

Under testimony he admitted the allegations were false. DCF adopted my kids to someone else. My kids were 2,3 and 4. It's been a year, it took that long to go to court. These were foster kids i was adopting. I had them for over two years, the youngest was only a couple months old. He had no... View More

James L. Arrasmith
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answered on Oct 14, 2024

I'm truly sorry you're going through this difficult situation with your children. It must be incredibly painful to see your family separated under such circumstances.

You may have options to explore further legal action, especially since there was an admission that the allegations...
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Q: How do I proceed with a case when I am not being provided information about the case in any manner?

I recently was scheduled for a pretrial conference. I was unable to attend because of a disability and I electronically submitted a motion for continuance stating this. The clerk did not accept the motion I later learned via email. I do not know if the pretrial conference was rescheduled, or if... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm sorry you're experiencing this frustration. Start by visiting the courthouse in person if possible. Sometimes face-to-face interactions can yield the information you need when electronic or phone attempts fail.

Next, consider reaching out to a legal aid organization or an...
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1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: If stoped by police in Wichita Kansas for recording a police department on a public sidewalk do you have to provide id?
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answered on Oct 13, 2024

If you’re recording the police on a public sidewalk in Wichita, Kansas, you generally have the right to do so without being required to provide identification. The First Amendment protects your right to observe and document public officials in public spaces. As long as you’re not interfering... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Kansas on
Q: What type of attorney do I need for the police giving favoritism in a DV case ?

Long story short,my ex and I were arrested on disorderly conduct My ex works for the prison i'm sure there was favoritism played in there somewhere the police and prosecuter never Looked at the evidence. My attorney at the time advised me to go. Make a battery report myself 4 times the police... View More

James L. Arrasmith
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answered on Oct 9, 2024

You should look for a criminal defense attorney who has experience with cases involving police misconduct or favoritism. These attorneys understand the complexities of the legal system and can help you navigate issues where there may have been bias or improper handling of your case.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: Have any info on active Kansas civil cases regarding residents fighting for right to keep backyard chickens?

I live in Park, KS (Gove county) Doing battle with city over keeping chickens. Park, rural 5 sq blocks with pop 115. Jan 2023: 37 of 68 residents signed petition to amend ordinance against farm animals ask to allow chickens. March 2023: Turned down. Discovered there was no valid ordinance.... View More

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answered on Oct 8, 2024

You have the right to challenge the new ordinance, especially if it was enacted after you began keeping chickens under previous permissions. Since there was no valid ordinance before and the mayor initially allowed the chickens in a pasture, you might argue that the city is acting inconsistently or... View More

Q: I filed a motion for continuance by sending it to the clerks email, she didn't file it.

I filed a motion for continuance by sending it to the clerks email, she didn't file it. I was not made aware of this until the following day. The clerk said I was not allowed to file this via email. The hearing continued without me, again, unknown by me. The reason I filed the continuance... View More

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answered on Oct 6, 2024

It sounds like you may have a strong argument to appeal based on the Americans with Disabilities Act (ADA). Under the ADA, public entities, including courts, are required to provide reasonable accommodations for people with disabilities to ensure they have equal access to services. If your... View More

1 Answer | Asked in Juvenile Law, Criminal Law, Civil Rights and Education Law for Kansas on
Q: Can my juvenile son be arrested and sent to detention without having committed a crime or interrogated during intake?

He was sitting in his friends car out of the school. The principal called the police on them. THe police ended up searching the other boys vehicle and found 43 grams of marijuana bagged to sell. To which he repeated told school officials and law enforcement that it was all his and it was his... View More

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answered on Sep 30, 2024

It sounds like your son may have been treated unfairly, and there are several aspects of this situation that need to be looked into. While it's common for juveniles to be detained for truancy, being arrested and questioned about a crime without clear charges, especially when another person... View More

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