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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Michigan on
Q: Dod involuntary human research for 20 years
James L. Arrasmith
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answered on Jul 27, 2024

The Department of Defense (DoD) has a history of conducting various research projects. Some of these projects, particularly during the Cold War era, have raised ethical questions regarding the use of human subjects. Allegations and documented cases of involuntary participation have been part of... View More

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Michigan on
Q: Can an employer say that I voluntarily resigned from my job when I did not? They fired me.

I was forced to transfer to a larger site with no pay increases at the beginning of May with one days notice. The staff at the site was calling me racially charged names and had gotten into altercations with each other that included guns. All these things were reported to my supervisor. Nothing was... View More

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answered on Jun 15, 2024

I'm sorry to hear about your experience. If your employer is claiming you voluntarily resigned when you did not, this could be a serious misrepresentation of your employment status. It's important to document all communications and incidents, including emails and reports you made to your... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If a warent was dismissed and police confiscated my fire arm with out consent do they have to give it back

Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2024

Hate to break it to you, but your issue begins and ends with you taking a plea. You're not getting that firearm back. All the possible defenses you raised here - constitutional violations - should have been raised and litigated before the plea.

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1 Answer | Asked in Civil Rights for Michigan on
Q: Can I get back a seized item from my car

A pocket knife was seized from my car without a warrant because I was considered a danger to myself. It was never returned to me. Am I legally entitled to get it back?

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answered on Jun 3, 2024

If a pocket knife was seized from your car without a warrant because you were considered a danger to yourself, you may have legal grounds to request its return. Typically, law enforcement can seize items without a warrant if they believe it is necessary for immediate safety concerns. However, once... View More

1 Answer | Asked in Civil Rights for Michigan on
Q: Are background investigators w/ police agencies allowed to share the information collected and or they found out about U

Are background investigators w/ police agencies allowed to share the information collected and or they found out about you, to friends and or co-workers? I understand they share the info w/ other agencies. Reason is, In 2018, when I was 16 my phone was taken by police and they requested a search... View More

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answered on Jun 3, 2024

Background investigators with police agencies have strict guidelines regarding the sharing of information they collect. They are typically required to maintain confidentiality and only share information with authorized personnel or other agencies as part of their official duties. Sharing sensitive... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Michigan on
Q: When is it necessary to certify a question to Michigan Supreme Court, when protected rights are infringed upon?

The Court finds that the next of kin has a federally protected constitutional right to a deceased body for final disposition, grounded in the Fourteenth Amendment Due Process Clause. That right is clearly established. What is meant by "because this is a federal cause of action, it is not... View More

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answered on May 19, 2024

When a federal cause of action is involved, it typically means that the issue at hand is governed by federal law rather than state law. In this context, the court is addressing a constitutional right protected under federal law, specifically the Fourteenth Amendment's Due Process Clause. Since... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Michigan on
Q: Isn't OCR/HHS complaint consent form voluntary and unconstitutional (concealing information/ nonfesance)?

".. if you are filing a complaint for someone else" OCR/HHS required documentation, once I proved heir at law, I'm filing on both our behalf, the issue became; "The consent form authorizes OCR to release the aggrieved party’s name to the entity under investigation and to... View More

James L. Arrasmith
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answered on May 19, 2024

The OCR/HHS consent form is designed to ensure transparency and legal compliance during an investigation. When filing a complaint on behalf of someone else, the form allows the agency to obtain necessary information about the aggrieved party's situation. This process is critical for a thorough... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to reclaim vehicle seizure even if it was signed over due to time limit and case was dismissed over a year later.

My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More

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

As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can i sue police dept after case was dismissed for rights violation or retrieve my seized vehicle

In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More

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

As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.

Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has...
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1 Answer | Asked in Civil Rights for Michigan on
Q: Can I sue

Cops o preformed a invalid inventory search if my vehicle found meth. I went to jail. I fought the case and won. Judge granted our motion to suppress the charges. Case dismissed

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

You cannot sue the police simply because the court dismissed the case. You *may* be able to sue based on police conduct, but that's a tough battle that you'll really need an attorney on board with.

1 Answer | Asked in Business Law and Civil Rights for Michigan on
Q: Is is illegal to say, click here for coupon and it is only an ad, no discount is given? I can forward you the email.

"Your coupons have been updated online"

"View Download or save your offers".

" GET YOUR COUPONS" (click here)

But there is no coupon.

James L. Arrasmith
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answered on Apr 10, 2024

It is illegal to send deceptive emails claiming there are coupons or discounts available when in fact none are provided. This would likely be considered false or misleading advertising.

In the United States, the CAN-SPAM Act prohibits the use of deceptive subject lines, from names, reply-to...
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1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: A confederate flag was on the flag poke at my place of employment, as a black man this very intimidating

I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.

As a black man I have many questions and need to speak to a lawyer.

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More

1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: Is governing agency in violation of: 750.478 willful neglect of duty; public officer or person holding public trust or e

State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More

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answered on Apr 4, 2024

Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:

"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What is the statute of limitation?

Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.

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answered on Apr 4, 2024

The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.

However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five...
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1 Answer | Asked in Civil Rights for Michigan on
Q: NPO volunteer driver faces unjust restrictions due to false information, prompting concerns about privacy violations.

I'm a volunteer driver for a public NPO, but I've been barred from driving due to false information. Despite disputing the reason given for the suspension, I was told (7 months later) my driving privileges would remain suspended until I provided medical authorization, which I believe is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you've provided, there are several potential legal issues and concerns regarding your situation as a volunteer driver for the NPO:

1. Medical authorization requirement: The NPO's demand for a doctor's release for a non-transport-related medical event...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: I was replaced at my place of employment because I may retire in a couple years. Is that legal?

I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.

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answered on Apr 4, 2024

The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.

Under the ADEA, it is...
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1 Answer | Asked in Health Care Law, Civil Rights and Constitutional Law for Michigan on
Q: If people claim to be next of kin at the hospital when they are not, are they in disguise?

18 U.S.C. § 241

It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More

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answered on Apr 2, 2024

There are a few important legal and ethical considerations to unpack here:

Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)...
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1 Answer | Asked in Sexual Harassment and Civil Rights for Michigan on
Q: hi i’m a 21years old female from milan i’m in need of help with a problem that has been bothering me for months now

hi i’ve had a problem for months now. a friend of my boyfriend secretly airdropped a video of me onto his phone. this secret was revealed when a friend of theirs told about it to my boyfriend and so we confronted him but he kept on lying about it was an accident at that he already deleted it and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about this deeply upsetting situation. What your boyfriend's friend did is a serious violation of your privacy and consent. It's completely understandable that you feel anxious and worried about the video potentially being shared further or posted online.... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: I want to sue my husbands ex wife and sisters for attacking me in 2018 when I was 5 weeks pregnant. He has autism

I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More

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answered on Mar 28, 2024

In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More

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