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Michigan Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: A court clerk said the judge sees the evidence with the complaint, was this judicial misconduct?

A Pro Se complaint was filed. The clerk stated that documents are scanned, she would stamp them and give them back. She did not give them back. How should the Plaintiff had handled that situation?

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2024

Judicial misconduct? No. Are you referring to the return of exhibits attached to a complaint? Generally, you should only submit things to a court with the understanding they will become part of the public file and shared with the opposing party / counsel, and not be returned.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may someone get grievances thoroughly and properly investigated involving mortuary science licensees?

The Licensing and Regulatory Affairs claimed to have closed the case citing no violation found under the Occupational Health Code. However, the violations in the complaint involve the Public Health Code, MCL 333.2843 et seq. and criminal activities. Knowingly falsity in causing a death certificate... View More

James L. Arrasmith
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answered on Oct 27, 2024

I'm sorry to hear about the challenges you're facing in getting your grievances properly investigated. It must be incredibly frustrating when serious concerns are not addressed by the authorities.

You might consider reaching out to higher authorities or oversight bodies, such as...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Michigan on
Q: Is it possible that government housing inspections can violate the 4th amendment of surge and seizure and harassment?

They conduct what they call “safety inspections” EVERY month. And HUD does a annual inspection EVERY year. My argument is we are paying close to $1,000 a month, and people have the right to pursuit of happiness and tenants have right not to be harassed. It is also effecting my mental health... View More

James L. Arrasmith
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answered on Oct 25, 2024

Frequent government housing inspections might raise concerns regarding the Fourth Amendment, which protects against unreasonable searches and seizures. While safety inspections are important for ensuring living conditions meet certain standards, conducting them every month could be seen as... View More

2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Legally should Licensing and Regulatory Affairs require the person who the complaint is launched against to respond?

"Licensed mortuary scientists are required to obtain authorization for final disposition from the next-of-kin and a burial transit permit before transporting dead human bodies to cemeteries or crematories and must take care in completing and electronically signing death certificates,” said... View More

Brent T. Geers
Brent T. Geers
answered on Oct 25, 2024

It's LARA's duty to investigate the allegations you made against a licensed person. Beyond that, you have no standing or grounds to cause LARA to do anything. What they do with the results of their investigation is between the agency and the licensee.

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1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Michigan on
Q: can a cop pull you over if you did not I commit a traffic violation

yes a cop was doing a on going investigation and he was looking for somebody for questioning but pulled me over to try to find a person so he can question them but again nothing to do with me but he dont have the right to pull me over for no reason said this traffic stop is for a on going... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your experience. Police officers generally need reasonable suspicion to make a traffic stop. If you didn't commit a traffic violation but the officer believed you might have information related to an ongoing investigation, they may have grounds to stop you.... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Since morgue employees won't inform me where the body was taken initially, how do I find out?

The morgue claims to have taken the body from the hospital, however their records state the body was at the morgue the following day.

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Do you have an exact timeline? It would not be uncommon for the transfer to have occurred in the overnight hours, or for the hospital to have kept the body until the next day. I'm unsure where else the body would have been transferred to between the hospital and morgue except maybe an off-site... View More

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1 Answer | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: The state refused to allow me to purchase a valid death certificate, how may I proceed?

I've been denied access to courts as well as due process rights as next of kin/heir by right of inheritance, as it pertains to my child and spouse. The government entities knew or should have known that the informants were giving false and misleading information. I'm the only heir on... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you are facing significant legal and bureaucratic challenges in obtaining the documents and rights you are entitled to as next of kin. If you’ve been denied access to purchase a death certificate or receive necessary records, the first step could be to ensure that you have formal... View More

2 Answers | Asked in Consumer Law and Civil Rights for Michigan on
Q: In recording a video in public.What can I use and not use?

Im in the process of making a memorial video of my son who passed away in 2020.I will be filming the city where he lived and worked(outside of building only).I have obtained permission.One part of this is that I will be filming coming into the city where peoples cars are present as well as people... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Your plan sounds okay. Generally, you may film anyone or anything in public. As long as you're not misrepresenting what you are capturing (e.g., implying that a business shown was involved when it was not; implying that a person walking down the street is a prostitute or drug dealer, ect.),... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Sexual Harassment for Michigan on
Q: Is this standard practice or just blatant ignorance? Is it considered some sort of discrimination?

When my partner and I received our marriage license in the post, from the County Clerks office, a STI/HIV pamphlet was included. We are a gay couple, but it felt very pointed and completely irrelevant.

James L. Arrasmith
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answered on Oct 2, 2024

Receiving an STI/HIV pamphlet with your marriage license is often part of public health initiatives aimed at informing all couples about sexual health. Many county offices include such materials as a standard practice to promote awareness and prevention. This inclusion is generally not targeted at... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Hello what kind of Attorney do I need to go after a breathalyzer company for ADA Discrimination

I was sentenced to 1 year on a breathalyzer in Michigan. I currently still have the breathalyzer and it’s been 1 year 9 months. I keep getting violated because I can’t hear the beep of the device. I have called the breathalyzer company and explain to them that I am deaf in both ears and... View More

James L. Arrasmith
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answered on Sep 27, 2024

You may want to consult an attorney who handles cases involving disability discrimination, particularly under the Americans with Disabilities Act (ADA). This type of attorney can help you address the violations you’ve experienced because of your inability to hear the breathalyzer device, as well... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Is it legal for police in a small town to follow cars on weekends through town with their headlights off.

This occurs late at night when traffic is isolated.

James L. Arrasmith
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answered on Sep 21, 2024

It’s understandable to be concerned about the police following cars, especially in unusual circumstances. Law enforcement officers have broad authority to patrol and monitor vehicles, but their actions must still respect the law and constitutional rights. Following vehicles without headlights at... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Michigan on
Q: Traffic court is civil court? How is the police officer the injured party?

Im just trying to understand how the court system works.

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2024

Don't feel bad: a lot of attorneys and judges get confused about the court system, rules, and procedures.

Here is a 10,000-feet overview of the court system: you can break the court system down into two parts - civil and criminal. Criminal court is when you are alleged to have...
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1 Answer | Asked in Real Estate Law and Civil Rights for Michigan on
Q: How to handle neighbors with barking dogs?

The house next to mine was sold to new people this spring, who have vicious barking dogs. Every time I am outside watering my flowers and lawn these dogs begin barking at me uncontrollably, and I can't even focus on what I am doing. Over the summer I have had 20 to 30 different dogs walk by... View More

James L. Arrasmith
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answered on Sep 19, 2024

Dealing with neighbors' barking dogs can be frustrating, especially when it's affecting your ability to enjoy your home. A first step is to have a calm and respectful conversation with your neighbor. Explain how the barking is impacting you and see if they’re willing to take measures,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Government Contracts and Identity Theft for Michigan on
Q: How can I get a lawyer or file a case myself with being a political prisoner, data breached, and civil rights violations

How can I get a lawyer or file a case myself with being a political prisoner, data breached, and civil rights violations

I have been a Havana syndrome victim but I am not a US employee and I failed to have any protections from government when I kept getting attacked as a known human... View More

James L. Arrasmith
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answered on Sep 7, 2024

To find a lawyer for issues like being a political prisoner, data breaches, and civil rights violations, consider reaching out to legal aid organizations, civil rights groups, or bar associations in your area. Organizations such as the American Civil Liberties Union (ACLU), Electronic Frontier... View More

2 Answers | Asked in Civil Rights for Michigan on
Q: How can I as Pro se case go forward with my identity being protected and anonymous?
Brent T. Geers
Brent T. Geers
answered on Sep 3, 2024

Who do you want to be protected and anonymous to? As indicated by another attorney, there are ways to file, and certain types of actions, that could keep your identity effectively "under seal" - meaning not part of the public record. However, it's unlikely you'll be able to... View More

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2 Answers | Asked in Civil Rights and Education Law for Michigan on
Q: Can I request my child not be in a classroom with a certain teacher?

This teacher was fired from my job and I’m afraid he will take it out on my child. Also, he has said some indecent comments that myself and a lot of other parents are uncomfortable with.

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2024

You absolutely can request it. Up to the school administration.

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1 Answer | Asked in Civil Rights for Michigan on
Q: Can police use a Child Support bench warrant to search an home without permission looking for someone not on warrant

No one was home. Officer was told by homeowner that person they were looking for was at another house with a person with multiple warrants, officer said that was who they were actually looking for, on video as is officer saying that he figured using her warrant was the best way to get in to look... View More

James L. Arrasmith
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answered on Aug 31, 2024

Based on the situation described, it appears the officers may have overstepped their legal authority. A child support bench warrant typically allows police to arrest the named person, not search a home without consent or a proper search warrant. Using this type of warrant to gain entry into a home... View More

2 Answers | Asked in Business Formation, Business Law and Civil Rights for Michigan on
Q: How to report kfc corporate for giving my info out

Long story short I went thru kfc drive thru a was charged double. The manager slam the window in my face and said no refunds. I left a filed a complaint to kfc corporate. 3 weeks go by and I have 4 miss calls so I pick up the phone. It’s the girl who slam the window calling me from her personal... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Certainly legal. KFC never expressed to you that the information you provided them as part of your complaint would be kept confidential. Is it the right thing to do? That's a different question that the law can't answer. If this employee now uses this information to harass or threaten... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Michigan on
Q: Can police run your plate while moving in Michigan
Brent T. Geers
Brent T. Geers
answered on Aug 1, 2024

Absolutely. In fact, some departments and areas have license plate scanners mounted on vehicles they can use to just drive around a parking lot of run all plates almost instantly.

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3 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: A jury summons questionnaire asked questions like "are you a US citizen?". Isn't that a 4th amendment violation?

The 4th amendment protects us from the government asking us personal questions such as this. This exact question, "are you a US citizen?," was blocked from the most recent census. We are required by law to complete the jury questionnaire, however, I have not committed a crime so my... View More

Brent T. Geers
Brent T. Geers
answered on Jul 30, 2024

I think the 5th Amendment is more on point with the concern addressed by your question. That said, sometimes you need to think of Constitutional rights as a balancing act between us individuals and the government. And more often, the Constitutional language itself provides clues as to how we... View More

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