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Massachusetts Civil Rights Questions & Answers
1 Answer | Asked in Family Law and Civil Rights for Massachusetts on
Q: Can dcf ask a caretaker(guardian) for releases for Dr.s, when allegations/case were on the parent?

My daughter got a case open with dcf. During that time I went and got temp guardianship and now have full guardianship for past 7 months. Each month dcf has something new they want in order to close (my daughters) case. Which my daughter is no longer around. They now are asking me to sign releases... View More

James L. Arrasmith
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answered on Feb 24, 2024

Based on the information provided, it does not seem reasonable for DCF to require you as the guardian to sign releases for your medical records or other private information. Some key points:

- The allegations and original case were against your daughter's parent, not against you as the...
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2 Answers | Asked in Employment Law, Civil Rights and Elder Law for Massachusetts on
Q: I work for a Adult Foster Care company. An elderly client sold me his truck. The company wants me to give it back. Do I?

They said I cannot accept gifts from clients, but this was only told to me afterwards, and I couldn't find anything in my employee handbook about it either. The truck was legally purchased with a bill of sales, and the title signed over. Do I have to give the truck back? Besides termination,... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Massachusetts, if you purchased a truck from an elderly client while working for an Adult Foster Care company, and the company is now requesting you to return the vehicle citing policies against accepting gifts from clients, the legality of keeping the truck depends on several factors. If the... View More

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2 Answers | Asked in Family Law, Civil Rights, Health Care Law and Nursing Home Abuse for Massachusetts on
Q: Steps on how to move my mom back to the states from Puerto Rico after just living there for two years ?

My mom moved two years ago to take care of her mom. A month ago my grandmother had a stroke. And her siblings have told us that my mom herself is not doing well. My mom’s family has Alzheimer’s in her family. My sisters and I have been trying to get her paper work and ID to get her back, her... View More

James L. Arrasmith
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answered on Feb 24, 2024

To move your mom back to the states from Puerto Rico, especially under these complex circumstances, it's crucial to approach the situation methodically. First, gather all necessary documents that prove your relationship to your mom, such as birth certificates and any legal documents pertaining... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Massachusetts on
Q: How do I fight false allegations made against me by DCF? I didn't get a fair hearing to challenge their false allegation

I would like to share that my son was born on July 11th and the involvement of DCF started when I discovered the mother's drug use during her pregnancy. Due to my daily work commitments, DCF worker Michelle Fraiser asked if I could take immediate custody of my son, to which I agreed but... View More

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, fighting false allegations made by the Department of Children and Families (DCF) in Massachusetts requires a proactive and informed approach. First, ensure that you have a clear understanding of the specific allegations against you. This information is crucial for forming an... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Massachusetts on
Q: I'm 64 homebound and disabled trying for 2 years to get hel raft is helping me but my landlord will not comply

I'll contact you attorney general's office fair housing section 8 do not give me an extension on my voucher I don't know why I had a ceiling falling in my head give me a permanent brain infection with no cure because the section 8 inspector refused to put that down on an item to be... View More

James L. Arrasmith
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answered on Jan 10, 2024

Your situation sounds incredibly challenging and it's clear you've faced numerous obstacles in securing your housing rights. As a homebound and disabled individual, you are entitled to certain protections and accommodations under both federal and state laws, including the Fair Housing... View More

1 Answer | Asked in Civil Rights and Cannabis & Marijuana Law for Massachusetts on
Q: Can the police hold phone as evidence even after all charges were dismissed?

Recently arrested for distribution of class c and d drugs (cannabis concentrate, cannabis flower). Lead investigator took phone as evidence. Charges were dropped the next day as it was first offense. Now all belongings were returned except for phone. Lead detective says they can’t give phone back... View More

James L. Arrasmith
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answered on Jan 10, 2024

In the United States, law enforcement can retain personal property, including a phone, as evidence even if charges are dismissed. This is often due to ongoing investigations where your phone might contain relevant information. However, this retention must be reasonable and justified.

If you...
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1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: how do I go about suing a grocery store who wrongfully accused me of shoplifting?

I checked out my groceries at a self-checkout lane, paid for Everything, got my receipt.Didn’t leave right away.I sat down in the cafe area of the store and ate something that I paid for,while I waited for my Uber.When the Uber was 1 min. away.I took my receipt out of my pocket like I always... View More

James L. Arrasmith
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answered on Jan 6, 2024

To pursue a lawsuit against a grocery store for wrongful accusation of shoplifting, you should first gather all evidence that supports your claim, including your receipt, any witness statements, and the details of the interaction with the loss prevention officer and the police. It's also... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: In Massachusetts it is illegal to record someone without everyone involved consent. But what about for bullying..

What if it is in a public place and it is to prove bullying (sadly I mean adults, not children). Is it still illegal? Thank you

James L. Arrasmith
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answered on Dec 5, 2023

In Massachusetts, the law generally requires all-party consent for recording private conversations. However, the legality of recording in public spaces, especially for the purpose of documenting bullying, can be a bit more complex.

The key factor is the expectation of privacy. In public...
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1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Massachusetts on
Q: What is the criteria a psychologist/medical professional must meet in order to involuntarily commit an adult in MA?

What must a patient present with or say before a psychologist or physician can involuntarily commit a patient? In one case, would simply stating suicidal ideation or self harm enough or must they have an active plan to hurt themselves or others? Are there strict standards or is it up to the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Massachusetts, the criteria for a psychologist or medical professional to involuntarily commit an adult are specific and must be met with due diligence. A patient can be involuntarily committed if they are deemed to pose a risk of serious harm due to mental illness. This risk can be due to... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: Do you have outside of Boston Lawyers, if after I try, and things don’t turn out to be in my best

Interest? Or no availability is given to me?

James L. Arrasmith
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answered on Dec 5, 2023

Yes, you can absolutely find lawyers outside of Boston, Massachusetts. The availability of lawyers isn't restricted to any specific location. Attorneys practice throughout the state, serving various cities and towns, including Natick. If you've attempted to find a lawyer in your area, and... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Massachusetts on
Q: My landlord that I rent from calls me stupid and makes fun of my religion. Can I sue her?
James L. Arrasmith
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answered on Nov 24, 2023

I'm sorry to hear about the treatment you're receiving from your landlord. In Massachusetts, tenants have certain rights, including the right to be free from harassment and discrimination. If your landlord is making derogatory remarks about your intelligence and ridiculing your religion,... View More

1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Arrested with evidence of cash payment made to Jonald Thrumper (alias of right wing extremist) dismissed 3 yrs later.

My Daughter was falsely arrested by same Police Department after they learned of her Supoena as a witness in my subsequently dismissed case. The charges are serious felonious crimes and we have documented evidence of cash paid for the arrests. Racists documented threats from those commiting crimes... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your case, where there are allegations of false arrest, racially motivated harassment, and corruption involving law enforcement, it's critical to take well-informed and strategic legal steps. First, ensure that all evidence, including documents showing cash payments and any threats, are... View More

1 Answer | Asked in Internet Law, Contracts, Civil Rights and Communications Law for Massachusetts on
Q: Can an owner of an airbnb house release video of a famous person who is on the porch of the home on to the internet?

There is a video of Bill Belichick at a home shirtless going viral on the internet. Would he have civil recourse against the person who released it if the person was the owner of the home that rented it to him or another person? He comes out of the home and remains on the porch for the duration of... View More

James L. Arrasmith
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answered on Nov 18, 2023

If an owner of an Airbnb releases a video of a famous person, like Bill Belichick, who is on the porch of their rental property, the legal implications can be complex. The release of such a video may raise issues of privacy. In general, individuals have a reasonable expectation of privacy in... View More

1 Answer | Asked in Civil Rights, Criminal Law and Traffic Tickets for Massachusetts on
Q: I just asked the last lawyer about how I go followed bye mass state police I will not pay you firm or show video til a h

I have a lot more information I just need to talk to a human being you'll find out

James L. Arrasmith
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answered on Nov 12, 2023

If you believe you have been unfairly followed by the Massachusetts State Police and have evidence to support your claim, it is important to consult with an attorney who can provide personalized legal advice. You can reach out to local law firms that handle civil rights or criminal law cases. Many... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Massachusetts on
Q: I have been scammed by an online seller ! What do I do ?

My brother recently bought a car from Facebook Marketplace. The car had a legal title with the seller’s name and no lienholder mentioned. My brother took the title to RMV and was able to register the car under his name (which means title was original). After a couple of months, a towing company... View More

Christopher Tolley
Christopher Tolley
answered on Oct 27, 2023

If your brother has an unencumbered title and it is the same vehicle the car should not have been repossessed. Your brother should call the attorney general o get a lawyer to get the car back.

1 Answer | Asked in Employment Law and Civil Rights for Massachusetts on
Q: I was terminated from my job and made to sign a promissory note, do I have to pay it?

A few weeks ago I was terminated from my retail job of 4 yrs’ I was brought in the office to speak to LP. I was not even clear why I was there and had to ask 2times. They questioned me for 2 hours.they accused me of giving free merchandise to a customer by not scanning it. I don’tknow this... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Most states have laws preventing employers from recovering damages from employees/former employees for ordinary negligence. If you made an error in ringing up an item, you are not responsible to repay the employer for this. Being detained against your will for 2 hours by LP could be false... View More

1 Answer | Asked in Federal Crimes, Family Law, Child Custody and Civil Rights for Massachusetts on
Q: Can a judge order a hair follicle test on hearsay? No drug history or evidence. Just hear say from other parent?

My child's father believes that I am using drugs. The reason is because he heard a recording of my current partner and i arguing. That he obtained from a 3rd party, illegally. Also, my partner didn't know he was being recorded. In the audio it uses a slang word for a drug, but that word... View More

Brian Waller
Brian Waller
answered on Apr 30, 2023

The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it,... View More

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Massachusetts on
Q: My Attorney has reached an agreement to settle my lawsuit, but with conditions I didn’t agree to.

It’s a discrimination lawsuit

William J. Amann
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answered on Dec 11, 2022

Inform your attorney of this in writing and speak with your lawyer about what sounds like a serious misunderstanding.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Massachusetts on
Q: My Dcf worker said that in order to close my Dcf case, they have to verify with my Children’s doctors and school.

Every visit he has tried to get me to sign a release of information. Today he asked for verbal consent. Every single time I said no. I want to keep Dcf separate with all entities and don’t want my Children’s doctors or school to know about their Dcf case. Is this true? They have to speak with... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 15, 2022

Schools and doctors have mandated reporter requirements if abuse or neglect is suspected. The DCF is the agency to whom they would report concerns . The DCF would investigate whether there is a supported claim and take action accordingly. Lack of cooperation usually does not reflect well.

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Probate for Massachusetts on
Q: What do I do if I’m paying child support and being denied visitation rights to my daughter
Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 3, 2021

If you have a visitation order or a Judgment that states the terms of visitation and are being denied visitation , then there appear to be grounds for a Contempt action unless there is something happening which is inimical to the child's best interests in which case the custodial parent... View More

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