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Massachusetts Civil Rights Questions & Answers
0 Answers | Asked in Libel & Slander, Internet Law, Civil Rights and Personal Injury for Massachusetts on
Q: Falsely accused of online libel via anonymous Twitter account; next steps?

I am being falsely accused of online libel involving an anonymous Twitter account, which I did not create or own. The accuser insists it's my account despite both the lack of evidence on their side and the fact that I've presented proof of my non-involvement. I spoke on behalf of someone... View More

1 Answer | Asked in Immigration Law, Child Custody, Civil Rights and Family Law for Massachusetts on
Q: Seeking legal protection and custody advice in unstable marriage due to threats and racial hostility.

I am a Nigerian immigrant with a 10-year green card expiring in 2033, married to an American citizen, and the father of a nearly two-year-old son. My marriage has become unstable, marked by my spouse's threats to expel me from our home, including one real incident. Additionally, I face racial... View More

James L. Arrasmith
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answered on Apr 5, 2025

First, your safety and your child's well-being come first. If your spouse is threatening you or has forced you out of your home, you can contact local authorities or a family court to seek a protective order. This can help prevent future incidents and give you legal grounds to stay in the home... View More

1 Answer | Asked in Libel & Slander, Civil Rights and Personal Injury for Massachusetts on
Q: Can I sue my pharmacist for libel and slander after false drug-seeking accusations?

I would like to know if I can sue my pharmacist for libel and slander. I have a brain injury that causes short-term memory loss. Recently, when I called my pharmacy to refill a prescription, the pharmacist accused me of drug-seeking behavior and yelled at me. Despite explaining my condition and... View More

James L. Arrasmith
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answered on Apr 2, 2025

You may have grounds for a valid defamation lawsuit against your pharmacist based on the facts you've described. In California, defamation requires proving the pharmacist made false statements that damaged your reputation, which appears supported by their unfounded drug-seeking accusations... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Massachusetts on
Q: Seeking guidance on handling a false threat accusation from housing authority employee.

About two weeks ago, I received a letter from the housing authority inviting me to a meeting after an employee falsely accused me of threatening them. I am seeking guidance on how to address this accusation and request an apology. What steps should I take to resolve this issue effectively?

James L. Arrasmith
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answered on Apr 1, 2025

You find yourself in a precarious situation that requires careful navigation of the administrative procedures governing housing authorities. False accusations of threats can potentially jeopardize your housing status and must be addressed promptly with proper documentation and a strategic approach.... View More

3 Answers | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: How can I petition the court to restore my firearm rights after felonies in Massachusetts?

I am trying to petition the court to restore my firearm rights after a felony conviction for possession of ammunition, possession with intent to distribute a Class E substance, and two school zone violations in 2013. I have completed my probation, which ended in 2016. My attempt to expunge the... View More

Neil F. Faigel
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Neil F. Faigel
answered on Mar 27, 2025

In order to attempt to regain your firearm license the first step should be to apply to your local licensing authority. Most likely, the police department. If it is then denied, an appeal to the applicable court would be the next step.

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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Massachusetts on
Q: How long to wait to lift a restraining order in Massachusetts?

I would like to know how long a person must wait before they can have a restraining order, issued in Massachusetts for a year, lifted against them. There have been no changes in circumstances since the order was issued, and there have been no previous attempts to modify or lift it.

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answered on Mar 27, 2025

When you want to have a restraining order lifted in Massachusetts, there's no mandatory waiting period before you can request this change. You have two main options for addressing the restraining order situation.

If you're the defendant (the person against whom the order was...
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1 Answer | Asked in Civil Rights, Employment Law, Personal Injury and Public Benefits for Massachusetts on
Q: Can I sue my sister in MA for abuse, harassment, and privacy invasion?

I have a situation involving my sister, who is my representative payee. She has been abusive and taken over a bank account worth millions with her husband. I am handicapped and live in a group home, which adds to my challenges. She has also invaded my privacy and continues to harass me. I am... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds deeply troubling, and I understand your frustration with your sister's behavior. When someone is appointed as a representative payee, they have a legal duty to act in your best interests, and abuse of this position could potentially form the basis for legal action in... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and White Collar Crime for Massachusetts on
Q: Can town officials misuse police resources and be charged under RICO?

I have been experiencing ongoing harassment from the Chair of the Board of Selectmen in my town who has been alleged to misuse police resources. He staged events to falsely accuse me of violating a harassment prevention order, leading to my arrest and incarceration. The situation has escalated to... View More

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answered on Mar 24, 2025

The RICO (Racketeer Influenced and Corrupt Organizations) statute might potentially apply to your situation, but it requires proving specific elements that can be challenging. For RICO charges to stick, prosecutors must demonstrate a pattern of racketeering activity (at least two predicate crimes... View More

1 Answer | Asked in Constitutional Law, Civil Rights and Education Law for Massachusetts on
Q: Did the Supreme Court confirm Harvard's intentional racism against Asian American applicants in Students for Fair Admissions v. Harvard?

I am trying to understand if the U.S. Supreme Court, in the case of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, ruled on the allegation of intentional negative discrimination against Asian American applicants. Specifically, I am curious about the common... View More

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answered on Mar 23, 2025

The Supreme Court did not confirm that Harvard engaged in intentional racism against Asian American applicants in the Students for Fair Admissions v. Harvard case. The Court's 2023 landmark ruling struck down race-based affirmative action in college admissions broadly, but notably did not... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Gov & Administrative Law for Massachusetts on
Q: Being stalked, housing transfer denied due to having a car. How to contest?

I'm currently being stalked and have notified my housing manager and local authorities about this dangerous situation. They have denied my request for a housing transfer, stating that being closer to my doctor is not necessary for me since I have a car. Despite my ongoing distress, they seem... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your safety is the top priority in this troubling situation. Being stalked is a serious concern, and your housing manager's response about having a car misses the point entirely – this isn't about convenience to your doctor, but about escaping a dangerous person who knows where you... View More

1 Answer | Asked in Criminal Law, Banking and Civil Rights for Massachusetts on
Q: We want a new attorney. What do we do?

We were arrested for trespassing and disturbing the peace when we entered our bank to withdraw our money ($16,000) the bank said they didn’t have that much money and we would have to schedule an appointment ahead of time. We told them we know there are laws that protect our rights so we told... View More

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answered on Mar 24, 2025

You have the right to request a different court-appointed attorney if you feel your current one isn't providing adequate representation. To do this, you'll need to file a motion with the court explaining your concerns and why you believe your current attorney isn't effectively... View More

1 Answer | Asked in Civil Rights, Education Law and Appeals / Appellate Law for Massachusetts on
Q: Son falsely accused of racism and suspended at secondary school. Legal options?

My son was falsely accused of racism at his secondary school, resulting in his suspension and a forced move from his dorm room. Fearing retaliation, he hasn't appealed the decision or reported the incident to any authorities. What legal options does he have to address the situation and... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand your concern about your son's situation - being falsely accused of racism and facing suspension is extremely serious. You have several options to consider, even with his fear of retaliation.

First, review the school's disciplinary policies and handbook thoroughly to...
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1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Massachusetts on
Q: Concern about job demotion and discrimination during PFML/FMLA leave in healthcare sector after employer transition.

I am currently on PFML/FMLA leave and work in the healthcare sector. My employer was recently taken over by another company, and during my leave, I was informed of a demotion from Admissions and Marketing Director to Admissions Coordinator. This new role includes different responsibilities, lower... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation raises serious concerns about potential violations of your legal protections. Under FMLA/PFML regulations, you have the right to return to the same or an "equivalent position" with identical pay, benefits, and working conditions - a demotion from Director to Coordinator... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Massachusetts on
Q: Are investigative drugs by FBI legal?

I believe the FBI is using investigative drugs on me to determine if I committed a crime. Are there any laws that regulate or restrict this practice?

James L. Arrasmith
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answered on Mar 23, 2025

I understand your concern about the FBI using drugs during investigations. Let me help clarify this important issue for you.

The FBI and other U.S. law enforcement agencies are prohibited from using "truth serums" or forced administration of drugs to extract information or...
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1 Answer | Asked in Civil Rights and Criminal Law for Massachusetts on
Q: Should I hire an attorney for gang stalking in MA?

I believe I have been a target of "Gang Stalking" since 2012, which has severely affected my life, including having to move multiple times and experiencing sleep deprivation and other physical symptoms like waves through my body and bad palpitations. I have some police reports but feel I... View More

Neil F. Faigel
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Neil F. Faigel
answered on Feb 18, 2025

Any time that you believe that you have been the victim of a crime you should notify the appropriate police department and / or appropriate federal agency. If you do not have the time or experience to do so, an attorney may be helpful in guiding you through the process.

1 Answer | Asked in Civil Rights and Employment Discrimination for Massachusetts on
Q: Pro Bono help to correct the mistakes and renew Registered Nurse license in Massachusetts

As all U.S. nurses I passed NCLEX exam and I have unrestricted Registered Nurse license in New York but I am unable to renew my license in Massachusetts due to mistakes. I am Registered Nurse with over 30 years of experience who was never accused of clinical malpractice

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answered on Feb 8, 2025

It sounds like you are facing a frustrating situation with your Massachusetts nursing license renewal. Since you already have an unrestricted RN license in New York and decades of experience, this issue may be related to clerical errors or missing documentation rather than your qualifications. The... View More

1 Answer | Asked in Consumer Law, Estate Planning, Civil Rights and Internet Law for Massachusetts on
Q: Is it legal in Massachusetts for a funeral home to post an obituary without the family's consent?
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answered on Feb 9, 2025

In Massachusetts, a funeral home should not publish an obituary without the family's consent. While obituaries are not legally required, they often contain personal details that the family has a right to control. Unauthorized publication could raise concerns about privacy and respect for the... View More

1 Answer | Asked in Civil Rights and Health Care Law for Massachusetts on
Q: Hello, I live in Boston and my child goes to a private school. How do I submit a vaccine religious exemption form in MA?
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answered on Jan 5, 2025

To submit a vaccine religious exemption form in Massachusetts for your child’s private school, start by obtaining the appropriate form from the Massachusetts Department of Public Health website or directly from your child’s school administration. Ensure you review the eligibility criteria to... View More

Q: rules of engagement with reporting substandard living to local BOH . inspected and confirmed no enforced. Recourse ?

9 inspections

Compliance word orders issued and ignored and not enforced

Lied about suing my landlord

Then refused to inspect or follow up

Refused to provide me inspection reports

Told me sarcasticly “good luck in court “

I have 50 active... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm really sorry you're going through this challenging situation. It’s important to keep detailed records of all communications and violations you've documented. This evidence can be crucial when presenting your case.

Consider reaching out to a local tenant rights...
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1 Answer | Asked in Civil Rights and Immigration Law for Massachusetts on
Q: I am a mother of an American child (8 years old).. I need protection for not BE Deported

mother single status students ( passed date do departure ) illegal and involve in domestic violence 2019.

can i get assistance , what i need to do?

James L. Arrasmith
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answered on Dec 19, 2024

Given your situation involving domestic violence and having a U.S. citizen child, you may qualify for immigration relief under VAWA (Violence Against Women Act) or potentially U petition for victims of crimes. Your status as a mother of an American child is also relevant for potential relief... View More

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