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Minnesota Civil Rights Questions & Answers
3 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Gov & Administrative Law for Minnesota on
Q: Concerns about attorney's actions, evidence handling, and possible setup in drug offense case.

I have concerns about my appointed attorney's actions in my state or federal case. My attorney waived my right to have an expert witness present during evidence testing, choosing to rely on the state's expert without informing me. Additionally, the government's time limit to indict... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2025

No one here is going to be able to address your specific concerns as we do not have access to the discovery in your case. Many of the decisions made by your attorney are strategic that your attorney's to make. You attorney should certainly be discussing the case with you, but your attorney... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Falsely accused of trespassing at a shelter, what are my options?

I was falsely accused of trespassing and discriminated against by a staff member at a homeless shelter. The staff called the police on me, and I was threatened with jail time by both the staff and police, even though I didn't sign any documents or have my side of the story heard. There were... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

You don't mention why you believe you had authority to be there. A shelter is certainly not a facility where just anyone can walk in. Any establishment can prohibit any one from entering its property. Feel free to contact some discrimination attorneys. I am not a discrimination attorney.

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Q: Do I have a legal case against my employer due to personal biases and insults affecting my mental health?

I interviewed for a job in the hospital unit where I currently work and believe I was not given a fair chance due to personal biases. After the interview, the hiring leader provided feedback that included personal insults and attacks on my character, suggesting that many colleagues feel the same... View More

James L. Arrasmith
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answered on Apr 7, 2025

I'm really sorry you're going through this, and I can imagine how painful it must be to feel this way at work. Based on what you're describing, you could potentially have a legal claim depending on several factors. Workplace discrimination, harassment, and retaliation are all legal... View More

3 Answers | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Minnesota on
Q: What legal steps to take if facing eviction by HUD under federal discrimination investigation?

I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?

Anthony M. Avery
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answered on Mar 29, 2025

Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.

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3 Answers | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Minnesota on
Q: What legal steps to take if facing eviction by HUD under federal discrimination investigation?

I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?

Anthony M. Avery
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answered on Mar 29, 2025

Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.

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1 Answer | Asked in Civil Rights, Education Law and Constitutional Law for Minnesota on
Q: School searched my bag without consent after phone incident, was this lawful?

I am a 16-year-old male in 10th grade. While at school, I had my phone out briefly and was asked to bring it to the office. I refused to give them my actual phone, providing a burner phone instead. When they found out, they searched my bag without my consent, and I told them I did not give consent... View More

James L. Arrasmith
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answered on Mar 25, 2025

School searches operate under different legal standards than police searches. Based on the landmark Supreme Court case New Jersey v. T.L.O., schools can legally search students without a warrant or probable cause if they have reasonable suspicion that you've violated either the law or school... View More

Q: Clarification on ATF form 4473, intimate partner status after divorce and HRO in Minnesota.

I'm seeking clarification on ATF form 4473, question 21.i. I was divorced on November 21, 2023, and my ex-spouse and I have been apart and have not communicated outside of court testimony since March 15, 2022. On August 23, 2024, Minnesota issued a Harassment Restraining Order (HRO) against... View More

James L. Arrasmith
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answered on Mar 24, 2025

Form 4473 question 21.i specifically asks if you are subject to a court order restraining you from harassing, stalking, or threatening an "intimate partner." Under federal firearms laws, an intimate partner generally refers to a spouse, former spouse, parent of a shared child, or someone... View More

1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant, Public Benefits and Civil Rights for Minnesota on
Q: Seeking legal guidance on HUD voucher downgrade, payment disputes, and eviction threats in St Louis Park, MN.

Upon moving to St Louis Park on February 29th, we settled into a three-bedroom based on our original HUD voucher. Subsequently, the voucher was downgraded by St Louis Park HRA to a two-bedroom due to my mental health disabilities, despite valid accommodation requests. With no two bedrooms... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation involves several potential Fair Housing Act violations regarding reasonable accommodations for your disabilities. You have the right to request accommodations from both your housing authority and landlord, and they must engage in an interactive process to address these requests... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Gov & Administrative Law for Minnesota on
Q: Can I sue for discrimination after denial due to race & disability despite a dismissed felony?

I initially received approval from a rental complex in Minnesota, but was later denied after a second background report cited a felony discrepancy from another state, which was subsequently dismissed. I believe this denial is based on race and disability, and I have filed and signed a housing... View More

James L. Arrasmith
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answered on Mar 24, 2025

You may have grounds to sue the rental complex for housing discrimination in Minnesota based on the situation you've described. Filing a complaint with HUD is often the first step in this process, and you've already completed that important action. Since you believe the denial was based... View More

1 Answer | Asked in Employment Law and Civil Rights for Minnesota on
Q: What legal options do I have regarding my termination after FMLA leave and alleged performance issues?

I worked at my company for 13 years without any prior write-ups. Recently, I was placed on a performance plan to improve various scores. Shortly after, I took FMLA leave due to my dad's heart surgery and my wife's miscarriage. Upon returning 30 days later, I improved most of my scores,... View More

James L. Arrasmith
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answered on Mar 26, 2025

You may have grounds for legal action based on several concerning elements in your situation. The timing of your termination after FMLA leave raises potential retaliation concerns, as federal law prohibits employers from using FMLA-protected leave as a negative factor in employment decisions. Your... View More

1 Answer | Asked in Civil Rights, Personal Injury, Libel & Slander and Civil Litigation for Minnesota on
Q: How can I seek compensation for damages and rights violations after a police raid in MN?

I want to pursue compensation for damages after a raid on my home by law enforcement on March 2, 2022, involving three counties and SWAT. They destroyed my home security cameras, causing property damage, and removed all body-worn cameras. Despite having documented damages and photos, my attempts to... View More

James L. Arrasmith
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answered on Mar 27, 2025

You have several legal pathways to pursue compensation for the damages and rights violations you experienced during that police raid. In Minnesota, you may file a civil rights lawsuit under Section 1983, which allows you to seek damages for constitutional violations, including excessive force,... View More

2 Answers | Asked in Civil Rights and Criminal Law for Minnesota on
Q: Can law enforcement involve victims in a case, risking our safety?

I am concerned about an incident involving law enforcement and victims tied to a case. Law enforcement executed a search warrant at my home, and the sergeant in charge informed several victims related to the case, inviting them to the premises. One of these victims, who had previously threatened to... View More

Sarah Gad
Sarah Gad
answered on Mar 3, 2025

They absolutely shouldn't, but they do all the time. Inviting someone who threatened your life to show up during a search warrant at your home is not just reckless—it’s a complete failure of their duty to protect you. Unfortunately, this kind of behavior isn’t as rare as it should be,... View More

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1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Civil Rights for Minnesota on
Q: Can landlord issue cease and desist for asserting ESA rights in MN?

I live in Minnesota and have an emotional support animal documented by a letter from a mental health professional to assist with my anxiety and depression. Despite this, I'm being refused the right to have my emotional support animal in rental properties. One landlord is now threatening me... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your rights to an emotional support animal are protected under both federal and Minnesota fair housing laws, and a landlord cannot deny you housing or threaten you for asserting these legitimate rights. Documentation from a mental health professional, which you already have, is the primary... View More

1 Answer | Asked in Divorce, Domestic Violence, Family Law and Civil Rights for Minnesota on
Q: What steps should I take to secure documents and handle my husband's actions amid trust issues?

I am a stay-at-home mom currently staying at my parents' house with my 10-month-old twin girls. I am considering divorcing my husband due to serious trust issues. He has secretly recorded me during arguments and installed a hidden camera in our bathroom vent without informing me. He won't... View More

Robert Kane
Robert Kane
answered on Feb 28, 2025

Quite simply, hire an attorney immediately. If he can afford and attorney, he should help you if you need help. Ask his attorney for the documents. My best to you and your daughters. Rob Kane Minnesota Family Law Attorney Eagan Lawyer.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Minnesota on
Q: Unlawful arrest in Minnesota due to harassment statute. What legal actions can I take?

I was unlawfully arrested in Minnesota due to the broad wording of a harassment order statute. The incident began when I was goated into a conversation with my ex-partner, who then called the police when the conversation didn’t go her way. This was a continuation of manipulation and abuse on her... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds extremely distressing, and I understand your frustration with what appears to be an improper arrest. Minnesota law does have specific requirements regarding warrantless arrests, and the manner of your detention raises concerns about potential civil rights violations.... View More

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can I be charged with drug possession after an unlawful search?

I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More

Sarah Gad
Sarah Gad
answered on Feb 23, 2025

Unfortunately yes, it is perfectly lawful and happens during any arrest. When you are arrested for any offense, police officers are permitted to do what's called a search incident to arrest. Whatever they find on you during the search incident to arrest is fair game for charging purposes. In... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: Was it legal for the officer to open my car door and take keys without consent?

I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 21, 2025

A defense lawyer will need more facts, all available evidence and information, in order to make a determination about whether a good Fourth Amendment search & seizure issue exists. The only lawyer who will have access to that will be the lawyer representing you, or who will be. Given the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: Can police arrest me for requesting badge numbers in MN?

I had a verbal confrontation with an employee at an establishment and was asked to leave, which I did. While returning to my car in the parking lot, police officers approached me, informing me that I was being trespassed from the property. I requested the badge numbers and names of all the... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 16, 2025

Would it be lawful for a police officer to arrest a person simply for requesting their badge number and identification in Minnesota? No, because a lawful arrest would require either an arrest warrant or sufficient "arrest probable cause" of criminal activity. A related question might be:... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Minnesota on
Q: Why does giving an officer a false name grant jurisdiction for them if it's supported under the 14th amendment?

What supreme cases would help one in this predicament?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 14, 2025

This question doesn't make a lot of sense. But in any event, no one is going to do legal research for you. You should either apply for a public defender or hire private counsel if you are interested in making a legal challenge to your arrest/charges.

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: My Work Sex Harassment video! Every perp is White male, victim female (gay or black).Reverse Discrimination. Fix it!!

Discrimination is illegal!! I'm harassed by having to watch the video! How can I go after producer of video not my work place ( they are only complying) for insurance reasons! The Producer should have to make a new non discrimination video . How do I get them to do that? Thanks Scott

James L. Arrasmith
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answered on Jan 7, 2025

I understand your concern about feeling the training video shows bias. While workplace harassment can affect people of any gender, race, or orientation, your options for pursuing action against the video producer may be limited since they created content commissioned by your employer.

If...
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