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Minnesota Civil Rights Questions & Answers
0 Answers | Asked in Elder Law and Civil Rights for Minnesota on
Q: can a nursing home legally open my "mail" before i get it in the state of minnesota.

I recently found out my nursing is opening up my mail from the county i live in to see if there is information they need.

I have not received these letters myself. They have my mail. Two big things happened here to bring this problem to my attention. I am mentally able to take of myself,... View More

1 Answer | Asked in Civil Rights for Minnesota on
Q: I have a hearing to restore my gun rights coming up. How can I properly represent myself?
Robert Kane
Robert Kane
answered on Dec 1, 2024

You will need to be honest and forthright in front of the judge. You should know the factors the judge will be considering and your responses inside and out. Since I know nothing about your specific circumstances, there's not much I can add. My best to you. Rob Kane Eagan Attorney.

1 Answer | Asked in Civil Rights for Minnesota on
Q: If I was charged with a felony and thd my civil rights were violated by police so I contested omnibus and won can I sue
Robert Kane
Robert Kane
answered on Nov 9, 2024

You don't provide any information to determine whether you have a viable case. I suggest you contact a police misconduct lawyer.

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Consumer Law for Minnesota on
Q: Is it civil discrimination if a landlord ( his company) is intentionally not doing repairs on his low income housing?

He is maintaining and hiring competent people for his properties where rent is higher and threatens to evict people who complain and fraudulent charges to keep the low income people’s deposits for bogus cleaning? Is this a Civil Class Act? He’s doing it to multiple people in the low income... View More

James L. Arrasmith
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answered on Oct 27, 2024

It sounds like you're dealing with a landlord who is neglecting repairs in low-income housing while properly maintaining his higher-rent properties. This behavior could be considered discriminatory, especially if it disproportionately affects tenants based on protected characteristics like... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Minnesota on
Q: Can a township require a citizen to pay money to be heard at a township meeting?

My brother has 10 chickens on an acreage outside of city limits in rural Minnesota. Although he has had them since 2019, a "township inspector" recently visited his property and told him that the township only allows 5 chickens unless he has a permit. He had no problem with applying for... View More

James L. Arrasmith
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answered on Oct 8, 2024

A township generally cannot require you to pay money just to be heard at a public meeting, as public meetings are supposed to be open and accessible to residents. Local governments, like township boards, are typically required to follow state laws about transparency and public participation. If... View More

1 Answer | Asked in Civil Rights for Minnesota on
Q: Police pulled me over, took my ID, told me to sit tight & drove off leaving me at the highway for an hour. What can I do

I was pulled over on I-494. The officer checked my ID and insurance and told me to sit tight. Then he drove off leaving me astrayed for an hour. Is this legal? What can I do?

James L. Arrasmith
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answered on Aug 31, 2024

Being left stranded by a police officer after being pulled over is not typical and may raise some legal concerns. Law enforcement officers are expected to conduct traffic stops in a manner that ensures your safety. Leaving you alone on a highway without any explanation or further instructions could... View More

3 Answers | Asked in Civil Rights, Traffic Tickets and Criminal Law for Minnesota on
Q: Is it legal for police to stop vehicle for license plate lights not working -they do work, stopping too long, slowing?

Radar at 20 - 24 in 55 (unsure exactly, but either coming to stop, or accelerating from stop), stopping too long at stop sign (5 - 10 seconds (7)), and claims license plate lights non functional was the reason for stop. They may be dim, but ARE fully functional.

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 3, 2024

Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: In Minnesota, when stopped driving, what are the legalities with officer not answering "why did you stop using"

He asked where we going and why we went the way we did. He asked for driver ID. Driver asked why we were pulled over. Officer responded with "I will tell you after I see your ID".

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 18, 2024

In Minnesota police must justify a traffic stop with "reasonable articulable suspicion of criminal activity" or an observed traffic law violation. These are based on facts that the officer can articulate, later to a judge. A driver must have a valid driver's license to lawfully... View More

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1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Libel & Slander for Minnesota on
Q: How can I prove I am a victim of domestic abuse from my ex spouse if o never reported it to the police in MN

I was granted a harassment order against my soon to be ex spouse for the years of keeping me basically prisoner in my home, psychological abuse, emotional abuse, I am on disability and he refused to allow me to keep up my medical care, and more. The trial for the divorce has ended and the... View More

James L. Arrasmith
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answered on Jul 28, 2024

Proving domestic abuse without police reports can be challenging but not impossible. You can start by gathering any available evidence, such as text messages, emails, or voicemails that show abusive behavior. Medical records that indicate injuries or psychological harm can also support your claims.... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Small Claims for Minnesota on
Q: Do I have any rights in regards to dealing with Best Western?

I was checking into a Best Western hotel. They first refused my Synchrony card required for incidentals because it has a 2049 expiration date. The manager later told me it is "not possible" to have a 2049 expiration date. I then gave them the only other card I had in my wallet. The name... View More

James L. Arrasmith
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answered on Jul 27, 2024

You have rights when dealing with businesses like Best Western, especially if you feel you were treated unfairly. If the hotel staff refused to accept your valid payment methods and did not provide reasonable alternatives, you may have grounds for a complaint. It's important to document all... View More

2 Answers | Asked in Civil Rights for Minnesota on
Q: I want to know if we have a case against police officers

not enough room for all details. we were stopped by a road block of cops with guns pointed at us. we just pulled out from a porta potty and they detained us right there for over 2 hours, i have rsd and the hand cuffs were tight and told them this and then my rsd started flaring up and went into... View More

Robert Kane
Robert Kane
answered on Jul 13, 2024

Contact attorneys directly that deal with police misconduct. In forums like this, attorneys try to provide guidance for people with legal matters. People often post facts about their situation wanting to know if they have a viable lawsuit. Unfortunately, an attorney cannot evaluate a claim based... View More

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1 Answer | Asked in Child Custody and Civil Rights for Minnesota on
Q: What information on an Out of Home placement plan does CPS have to share with me after the case is over?

I recently had a cps case and was forced into a voluntary tpr and the case is closed. Now following i have requested my Out of Home placement plan, they sent it to me and most of it is blacked out due to other peoples names and information on it, which i know is the law. However, i have asked them... View More

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answered on Jul 28, 2024

After a CPS case is closed, you are entitled to access certain information regarding the Out of Home placement plan. Generally, they must provide you with details relevant to your case and your child’s well-being, excluding any sensitive information about other individuals. If most of the... View More

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can they charge me separately give me two different charges for the same pull over stop or should they be together.

I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More

Sarah Gad
Sarah Gad
answered on Jun 11, 2024

It sounds like you were pulled over on suspicion of a DUI and the police officer searched the car and allegedly discovered a controlled substance in the vehicle. It is pretty atypical for someone to be charged separately for alleged offenses arising from the same incident, but it is permissible and... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What are possession laws pertaining to drug charges? Girlfriend pled guilty yet I'm still being charged when I knew noth

Nothing about the drugs. I was detained 1 block from my house before it got raided. Girlfriend already took

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 25, 2024

Two points: 1. Criminal possession is possible by more than one person at the same time. Joint possession would mean two or more people criminally possessed at least one thing at the same time. As a result, one person being held responsible doesn't necessarily help others facing criminal... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Is it possible to find someone to go to the county jail to speak with my son.He has a case coming up.

He can explain, give proof. Very important he speak in person. Not enough money for calls, etc. I am trying to get him help. Needs to file grievance. Confict of interest. Jailer threatening him to abide, jailer related to judge, request to be moved ignored, etc He would explain.

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answered on Mar 15, 2024

It's important to act quickly in situations like this. Reach out to local legal aid organizations or public defender's offices; they often provide free legal services to individuals who cannot afford them. They may be able to assign a lawyer or an advocate who can visit your son in jail... View More

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: How can I get a grievance file started asp in blue earth county
James L. Arrasmith
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answered on Mar 14, 2024

To get a grievance file started in Blue Earth County as soon as possible, it's important to first understand the specific nature of your grievance. Different types of complaints may require different approaches and might be handled by various departments within the county. For example, issues... View More

3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

Honestly, I'm not sure if you would be permitted to do so. But I would suggest that things that might be legal aren't necessarily smart to do. Law enforcement is going to be all over you if you are out wandering around open carrying an AR-15 or similar type long gun. Rightly or... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Minnesota on
Q: How can I get a free tlawyer to represent me in this it’s for 9viokations of my sixth amendment rights I am pro se

It’s for me calling my expert witness in phoenix Arizona where attorney client privilege attaches to the phone call but the jail violated my rights when they recorded 9 phone calls it’s government intrusion

James L. Arrasmith
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answered on Feb 24, 2024

Securing a free lawyer to represent you in a case involving violations of your Sixth Amendment rights can be challenging, but it's not impossible. You may be eligible for legal assistance through pro bono programs offered by local bar associations, legal aid organizations, or public defender... View More

3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
T. Augustus Claus
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answered on Feb 15, 2024

In Minnesota, while it might be physically possible to remove illegal window tint if you're pulled over by a police officer, doing so would not be advisable. This action could be viewed as tampering with evidence or obstructing a police investigation. Even if you remove the tint before the... View More

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1 Answer | Asked in Civil Rights and Consumer Law for Minnesota on
Q: We hired Servpro because our storage room and one bedroom got flooded. They took out my clothes out of the house with ou

Without permission from me or insurance company? Now they want to get paid for storage. Do they get paid for stealing my property

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answered on Feb 24, 2024

If Servpro removed your belongings without your permission or consent from the insurance company, it's essential to address this matter promptly. Start by reviewing the terms of your agreement or contract with Servpro to understand their responsibilities and your rights regarding the handling... View More

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