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Minnesota Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Elder Law for Minnesota on
Q: Are there lawyers who do pro Bono 42 usc 1983 for non incarcerated vulnerable adults ?
James L. Arrasmith
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answered on Dec 30, 2023

Yes, there are attorneys who may take on pro bono cases involving 42 USC 1983, especially for non-incarcerated vulnerable adults. This federal law allows individuals to file lawsuits against state and local government officials for violations of their constitutional rights.

To find such...
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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: When pulled over by the police in MN. If Police ask for ID. Can I "Present" my ID or do I have to physically "Give" ID?

Can I present my ID by holding it against the window where they can easily read and see it? Or do I physically have to hand over my ID where the cop can walk away with it.

James L. Arrasmith
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answered on Dec 6, 2023

In Minnesota, when a police officer pulls you over and requests your ID, the law generally expects you to hand it over to them. While you might feel more comfortable just presenting it against the window, the officer has the authority to physically inspect your ID. This is part of their routine... View More

1 Answer | Asked in Civil Rights, Federal Crimes, Identity Theft and Landlord - Tenant for Minnesota on
Q: Do any lawyers go up against corporations

Everything I experienced against me were literally federal crimes I’ve tried year after year to get help no one helps.. it’s all about money power and if you have niether than these corporations and legal system law enforcement court system get away with being corrupt including a fbi Agent

James L. Arrasmith
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answered on Dec 5, 2023

Yes, there are lawyers who take cases against corporations, even in instances involving complex matters like federal crimes, identity theft, and issues with the legal system. These cases can be challenging, but there are attorneys who focus on civil rights, corporate accountability, and similar... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: What does one need to do to find a lawyer to go after Menards and City of Virginia MN Police Dept.

In June of 2021, I was shopping at a Menards store, when a store manager walked up and asked if he could help me, I had just selected a cover plate for an outlet. I told him I just found what I was looking for, he said can I speak to you, I said sure, what’s up, he says off the sales floor, I... View More

James L. Arrasmith
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answered on Dec 4, 2023

To pursue legal action against Menards and the City of Virginia, MN Police Department, you'll need to find an attorney with experience in civil rights and possibly false arrest or malicious prosecution cases. Start by researching lawyers who specialize in these areas of law within Minnesota.... View More

2 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

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1 Answer | Asked in Civil Rights, Elder Law, Probate and Public Benefits for Minnesota on
Q: Pay $13.000 + 4.000.00 retainer fee to be belittled by your lawyer and in front of his peers. Is this common practice?

Dad has Dementia. Im his daughter, POA, lived, cared for him for 2 years by myself until he fell. He has a living will, trust,etc. In the VA Hospital for 1 year. "Now, It's my fault dad will not get the waiver for assisted living because I failed to supply a list of items on time, I WILL... View More

Nina Whitehurst
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answered on Sep 28, 2023

Your perspective on this may or may not be skewed. One way to find out would be to obtain a second opinion from another attorney. This forum is not a way of obtaining a second opinion. For that you would need to consult an individual attorney and provide ALL of the background information and... View More

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 8, 2023

Can they watch what you are doing in public? Yes, that is not something that requires a warrant. They could not search your property without a warrant. They cannot put a tracking device on your car without a warrant. They cannot listen to your phone calls without a warrant. But surveillance... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Jailer mased me in cell because i kept ringing the buzzer& knocking on the door asking for med treatment. is this legal

i was arrested on a mon had a total disc replacement on my neck c6-7 the thurs before i also had a broken hand and possible eyebrow from prev fall. the arresting officer slammed on breaks on way to the jail and kept swerving causing me to bang head on the window. i advised the jailer i wanted... View More

Robert Kane
Robert Kane
answered on Aug 26, 2023

You will need to contact police misconduct attorneys to determine if you have a case. I am not one.

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Minnesota on
Q: Violation of parental constitutional rights lawyers Lawsuit

Need a lawyer for a lawsuit against federal government for violation of parental constitutional rights by police officers and child protection services in Georgia

Robert Kane
Robert Kane
answered on Aug 11, 2023

You need to contact attorneys in Georgia.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Minnesota on
Q: If my brothers arresting officer was later convicted of possession of child pornography can my brother get a dismissal?

My brother was arrested and charged for aggravated assault on a law officer and possession. His arresting officer was later convicted of possession of child pornography. Can my brother get a dismissal or appeal based on the officer misconduct he is not longer a cop

Robert Kane
Robert Kane
answered on Jul 30, 2023

What does the officer's possession of child pornography have to do with your brother assaulting a police officer and possession? Obviously, every criminal doesn't go free because one officer broke the law.

Q: Can cps withhold evidence of your innocence? If not why won’t anyone look at it? Or who do I contact about situations?

At birth cps took my baby for allegations that they refused to tell me any details about. Yet were quickly proved to be untrue. Instead of giving baby back they changed doctors notes, fabricated new allegations, (proven untrue) and removed baby from our care. Months later won custody back. Got... View More

Robert Kane
Robert Kane
answered on Jul 22, 2023

Google: "Minnesota cps defense attorneys."

2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law for Minnesota on
Q: how can i lose my lisense when i wasnt even driving

i was never arrested for driving and i was never brought into the station to have an official breathalizer administered

T. Augustus Claus
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answered on Jul 17, 2023

Losing your license without being involved in a driving-related incident can occur in certain situations. It could be due to administrative actions by the Department of Motor Vehicles or similar agencies, such as non-compliance with requirements or violations. Additionally, unrelated offenses like... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: I am an employee of the school. I fly a rebel flag on my car. The 1st amend? They asked me to take it down. Violation?
Robert Kane
Robert Kane
answered on Jul 13, 2023

It's unlikely a violation of your first amendment rights. Constitutional rights are not absolute.

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: Is it discrimination if I have to take down my rebel/confederate flag on my car, or park somewhere else?
John Michael Frick
John Michael Frick
answered on Jul 12, 2023

A private business owner can prohibit such display on its property. It does not constitute unlawful discrimination. Yes, the business owner has the right to refuse to allow you to park on his premises if your car displays a rebel/confederate flag.

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: A search warrant that states a offense that is not in the code books. Is stated offense actually a offense or crime?
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 18, 2023

The question, as worded, is unclear. A "crime" is generally the equivalent of an "offense," however.

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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Minnesota on
Q: Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with

Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with them just to please not touch me. The lp grabbed my right arm, twisted it, bent my wrist back, physically pushed me down causing cuts on my knee, held me down by putting his knee... View More

Robert Kane
Robert Kane
answered on May 30, 2023

You may have a case if you can prove the facts as you allege. Evidence takes many forms, including witness testimony and video. Your medical bills would also be important. The aggressor will undoubtedly have a different account of the event and most likely have evidence. Police contact and charges... View More

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2 Answers | Asked in Traffic Tickets and Civil Rights for Minnesota on
Q: Can the courts go from my contested omnibus in which a motion was filed under state and federal law to dismiss.....

Back to my omnibus, for the second time..without addressing my motion.. because of a error made by the prosecutor..I have been in court almost 2 years and it seems to me that the state doesn't want to follow the law...I have had 3 public defenders 2 prosecutors and multiple judges.my newest... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 7, 2023

That was difficult to follow. Perhaps a phone call to a criminal defense attorney would enable a dialogue that could help tease out the issues.

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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Is it legal to hold a child (12) in Minnesota jail without letting parents see them at all.

My 12 year old brother has been arrested for assault for stabbing a staff member in his mental health group home with a knife. He was arrested and is now on a 36 to 72 hour hold in county jail waiting to see a judge. Is this legal? Minnesota says someone under 14 cannot commit a crime. How do you... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 5, 2023

Last time I checked, the minimum age in Minnesota was 10, for prosecuting criminal violations in juvenile court. But a lawyer may have been able to help with these issues. Another idea would be to talk to the medical staff or social worker in the juvenile detention facility.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: I was arrested over a year ago, charged with driving after cancelation, and pled guilty. The case was closed March 10.

I contacted the Isanti County MN court administrator requesting the cash bail that was posted ($1000) and was told there now was a hearing scheduled the end of April regarding the refund. The judge signed off March 12. Can they do this? Don't I have a right to this refund ASAP? What action can... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 23, 2023

If you posted cash bail, the bail should be refunded to you absent the costs of any fines, court costs, etc. The only exception to this would be if you violated conditions of release or missed a court date during the pendency of your case. When that happens, bail can be revoked and in some cases... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: how can i use my constitutional right to aide me in getting the label of a canceled I.P.S. of of my record.
James L. Arrasmith
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answered on Mar 11, 2023

Your constitutional rights may not directly apply to the process of removing the label of a canceled I.P.S. from your record, but there may be legal avenues you can pursue to achieve this goal.

If you believe that the label of a canceled I.P.S. on your record is unjust or incorrect, you may...
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