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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Admiralty / Maritime, Civil Litigation and Civil Rights for Michigan on
Q: Is there a federal rule or code which prevents altering a settlement agreement that was put on record?

I entered into a settlement agreement, placed on record with a US magistrate judge. The government has written up a proposed stipulation. It has several pages of legal jargon and agreements that are not on record, and I do not agree to. I refuse to sign. He filed a motion to enforce the settlement,... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

The issue is whether what was placed on the record and presented in writing is substantively the same. Often times, what is placed on the record is material terms of the agreement; the written agreement will contain the additional "legalise" that make it all work. Unless you can show a... Read more »

0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Does Bell v. Boise apple in Michigan?

I'm homeless an poor, and fear being unconstitutionally arrested, would I get help if I have my right violated

0 Answers | Asked in Civil Rights and Traffic Tickets for Michigan on
Q: Are police officers required to confirm speed with radar or speedometer to issue a speeding ticket?

I was recently pulled over for speeding by an officer who was initially stationary, however my radar detector never went off indicating that this officer never used his radar gun to confirm my speed. If, theoretically, I didn't admit to any exact speed, would a speeding ticket still be valid?... Read more »

0 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for Michigan on
Q: In 2019 and 2020 I was met with bias I believe when giving birth to my children Hutzel Women's Hospital in Detroit, MI.

I was first accused of being a young child in 2019 whe I was actually 23 about to be 24 yrs old. The nurse even said I could kill my baby because I had diabetes. Not gasterial diabetes just diabetes in general since I was 16 yrs old. Then a nurse came asking if I wanted to be put on birth control... Read more »

0 Answers | Asked in Consumer Law, Civil Rights and Gaming for Michigan on
Q: EA has made me respond to the same email while avoiding my questions about why I can't get a grant for lost data.

My girlfriend lost 10 years of content on Garden Warfare 2 and Sims 2 as well, and after they acknowledged they could help but decided not to, I've been responding with the question "why" and they've simply kept sending me the same "Are you still in need of help?"... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Would the rulling on warren v. District of Columbia make seatbelt laws unconstitutional therefore illegal?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

No, the ruling in Warren v. District of Columbia does not make seatbelt laws unconstitutional or illegal. Warren v. District of Columbia is a case that involved a failure of the police to provide adequate protection to citizens, and the court held that the police do not have a constitutional duty... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can police personnel files be exempt from a FOIA request? I requested a officers personnel file and was denied.

MCL 15.243 sec 13 (1 ,s, ix) was used as reason for denial.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

It is possible for police personnel files to be exempt from a FOIA request depending on the specific laws and regulations of the state in question. In Michigan, MCL 15.243 sec 13 (1 ,s, ix) allows for exemption of certain information from public disclosure, including "[p]ersonnel records of... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: I did not accept my plea and requested a jury trial for CSC charges. The judge refused a jury trial and charged me.

The judge charged me with what the plea was, then told me in open court that I was very naive. Is it legal for him to refuse a jury trial?

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

You should have a lawyer. From how you phrase the question, there has to be a misunderstanding of what's going on somewhere and you would benefit greatly from a lawyer's explanation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Do they need to present search warrant before entering home

They raided a resident due to vehicle being insured with house but the person of interest lived elsewhere. From the warrant as they insisted, a control buy was conducted at a resident that’s in person of interest name but never searched and they went somewhere else. Never presented warrant prior... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

No, they do not need to present search warrant prior to entry; especially in a raid situation.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Someone else drove my car and made I'd home before police officers had it tow from private property

I spent 10 days in jail for warrent at $45 dollars a day impound fee $243 to tow my car a minute away and face hard times without a car as it is my only means to work it's still in the impound and by now don't know if I have a car

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

What is your question? Sometimes the impound people will agree to waive or reduce the fees to allow you to get the car out, but otherwise, your car is staying there until the fees are paid.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: The officer said he saw a Needle cap in my car and this was why he had reasonable suspicion to search the car

drugs found in a pill bottle in a purse and make up bag. I was the passenger of the vehicle and the driver had 2 Xanax on him. The car was mine. The needle cap is not in evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 7, 2022

Had to say without reviewing the complete record of the stop and what else was going on with the driver. May be ripe for a motion to suppress. The fact the car was yours doesn't necessarily mean anything since you weren't driving.

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

Best thing to do would be to call your local legal aid office and let them tell you whether it's something they would accept.

Generally, legal aid offices do not take "fee generating" cases. Think cases that lawyers would typically take on a contingency fee basis; yours is...
Read more »

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1 Answer | Asked in Civil Litigation, Education Law, Personal Injury and Civil Rights for Michigan on
Q: Is there case law on the responsibilities of teaching staff during a fire?

Must staff make an effort to guide each student to safety? What if a false alarm is the source of the fire emergency? May the teacher or parapro leave a disabled student in a precarious position during a false alarm?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2022

A MIchigan attorney could advise best, but your question remains open for two weeks. There probably is case law, but maybe not on the level of specificity described in your post. You might find a greater level of detail in standard operating procedures for the district or the school - manuals for... Read more »

1 Answer | Asked in Foreclosure and Civil Rights for Michigan on
Q: Bondsman stole car and didn’t take off balance now house is going to auction for 6490 by September 29 on a zero charge

Inowed 2000 for a 20000 bond that I put. Y house up for the charge was dropped shortly after I bonded out but I owed the 2000 still about a month after I got out w no contact the bondsman came and took my 2008 Jeep Patriot 4x4 he said that he would notify me of the remainder balance after he sold... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Get a lawyer as soon as possible regarding the house auction. There should be a court file number, and documents may indicate a lawyer who represents the bondsman, whom you should contact regarding payment.

As to the car, it's likely as part of the bond contract, you signed over title...
Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: Can I refuse to take covid test prior to surgery
Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Probably. And your doctor / hospital may refuse to perform the surgery.

1 Answer | Asked in Civil Rights for Michigan on
Q: Who should I contact if my grandmother is calling me a fool for praying aloud to God?

She also has the owner of Galesburg speedway aka my cousin here trying to expose any and every thing he can ever dig up convince people to lie about or whatever to harass me for my religious beliefs.

Brent T. Geers
Brent T. Geers
answered on Sep 8, 2022

I do not believe there is anyone to report this to. If you are a minor, and in your grandmother's care, then you should talk with an adult at your school. If you are an adult, then you need to make a decision as to whether this relationship is worthwhile or beneficial. You can choose to... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: I need help with an eviction case. I believe it’s a retaliatory eviction. Along with a violation of the fair housing act

I am also disabled and I have been discriminated against by my landlord. He has put my children and me in a very bad situation by not repairing water and electrical issues. I need to find a pro bono attorney because I am waiting on my wage loss along with my lawsuit to settle. Please if someone... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 23, 2022

You should contact your county's legal aid office. If you've been served and have a court date, the court will probably already have someone from legal aid ready to assist you for the subsequent hearing.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: Kidnapping victim & perp live in different states, where should the victim file the complaint?

If the victim & perpetrator live in different states but were both in the same state at the time, where should the victim lodge a complaint, in which state's court should I file and is it still considered a federal crime if the crime didn't cross state lines?

I was visiting... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

You should contact Detroit police. Frankly, I'm not sure what they are going to do with a three year old complaint.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What law or title in the civil rights act protects me against discrimination from the friend of the court office?

I was looking at title vi information but as far as I know that framework is mainly for programs that accept federal assistance not so much referring to the employees of government offices. I do believe my investigator discriminates on gender and race. I know most times people are just being bitter... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2022

You can file a grievance with that FOC office.

Remember, the evaluation is more or less an opinion, and you have the opportunity to object to that opinion and have a judge hear your case. You have the opportunity then to show the judge the FOC person got it wrong. Judge may or may not...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Can a person murder another person and it'll be OK if they claim it's part of their religion to murder people?

How come some people are exempt from the draft due to their religious beliefs or anti-war beliefs whereas others have to fight? Wouldn't everyone just claim they can't follow a law because it goes against their religious beliefs? If someone claims they can't pay taxes because... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 14, 2022

Claims of religious beliefs can be tested for sincerity. That is the case with conscientious objector status in the military. If you claim that your religion precludes, prevents, or causes you to do something, you better be prepared to show you sincerely believe that, and that you ascribe to all... Read more »

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