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Missouri Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: What motion to file to stop a judgment due to Ethical Misconduct? Dose it need a Notice of Hearing?

Went threw a separation i left due to abuse in all natures by him and his family. The County i live in is know for its bias verdicts in all court finsings...The judge was so bias and favorable to my ex due to my family knows urs that i got yaken out the pasture so to say. Im an outsider to them.

James L. Arrasmith
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answered on Nov 29, 2023

In your situation, where you believe a judgment was influenced by ethical misconduct or bias, you might consider filing a motion for a new trial or a motion to set aside the judgment. These motions are typically used to challenge a judgment that may have been affected by unfair practices or errors.... View More

1 Answer | Asked in Family Law, Adoption and Civil Rights for Missouri on
Q: I am pregnant my 17th birthday was on November 12, 2023 my boyfriends parents say i can move in with them because my pa

Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted.

James L. Arrasmith
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answered on Nov 24, 2023

In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider.

Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of...
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1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: What protections do I have as a historian who interviews former and existing KKK members from the Civil Rights Era?
James L. Arrasmith
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answered on Nov 17, 2023

Here are a few key considerations for historians interviewing former and existing KKK members from the Civil Rights Era:

- As with any interview subject, obtain informed consent and make sure they understand how the interview will be used. Explain your project goals and how their...
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1 Answer | Asked in Constitutional Law and Civil Rights for Missouri on
Q: yes how are they able to search my car with a drug sniffing dog without consent or even a warrant probable cause gives

them the right to get a warrant not conduct a search if this was back in the day man i swear people would shot the police doesn't even the court hold that under the protection of the 4th right

James L. Arrasmith
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answered on Nov 15, 2023

Under the Fourth Amendment, searches and seizures must be reasonable and, typically, a warrant is required. However, the U.S. Supreme Court has held that the use of a drug-sniffing dog during a lawful traffic stop does not constitute a search under the Fourth Amendment.

This means that...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: 10 days from the judgment day to move does the weekend count and yesterday was Veterans Day

Didn't receive a summons in the mail at all and according to judgment I have 10 days from the 3rd to move. Does that include weekend or holidays

James L. Arrasmith
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answered on Nov 12, 2023

In Missouri, when a judgment specifies a period like 10 days to take action, it typically includes weekends and holidays, unless the court order or applicable law specifically states otherwise. This means that in your case, the 10-day period from the 3rd would include weekends and Veterans Day.... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Missouri on
Q: isn't part of due process the creation of the law as 1st it has to be made that's the process
James L. Arrasmith
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answered on Nov 12, 2023

In Missouri, as in all of the United States, due process refers to the legal principle that the government must respect all of a person's legal rights, rather than just some or most of those legal rights. While the creation of laws is part of the broader legislative process, due process... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant, Municipal Law and Family Law for Missouri on
Q: Does law enforcement, or cps or any other government agency allowed to search a condemned home without permission ?

The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then... View More

James L. Arrasmith
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answered on Nov 12, 2023

In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: A friend of mine is being held in county jail. Hes beimg denied his mental illness medications by staff.

He was previously incarcerated in missouri DOC facility and its stated in his DOC records that he was prescibed medication for mental illness while in DOCs care,as well as being seen by health professionals while in their care. His medications are noted in the system, and he has mentioned needing... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your friend is being denied prescribed medication for a mental illness while in jail, this may constitute a violation of his Eighth Amendment rights, which protect against cruel and unusual punishment. This could also raise concerns under the Americans with Disabilities Act if he is not being... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: My fiance is in jail and I believe they are violating his constitutional rights and we need help PLEASE.

I don't think they read his miranda rights. Hes been in there for 7 days & I am jst gttng to tlk to him. thy said his public defndr can't get him out until at least 11 more days, but that is a maybe and his court date is set for an entire month from now and we can not afford a lawyer.... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you believe your fiance's constitutional rights are being violated while he is in jail, there are steps you can take to address the situation:

Contact an Attorney: Reach out to a criminal defense attorney as soon as possible. If you cannot afford one, inquire about whether your...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Missouri on
Q: How many people have went to trial in the last 20 years, for a felon in possesion of a firearm under 18U.S.C. Sec 922 (g

Under 18 U.S.C. Section 922 (g) (1)

T. Augustus Claus
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answered on Sep 20, 2023

Specific statistics regarding the number of individuals who have gone to trial in Missouri under 18 U.S.C. Section 922(g)(1) over the last 20 years would require access to up-to-date court records and databases. 18 U.S.C. Section 922(g)(1) is a federal statute that prohibits certain persons,... View More

1 Answer | Asked in Employment Law and Civil Rights for Missouri on
Q: After a city counsel meeting the meeting was adjourned. Some of the Alderpersons and mayor sat around and discussed

The employees and their problems. Like I said. They hard adjourned the meeting and there were still citizens present. Do the employees have a case against them

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 13, 2023

A case for what? Are you thinking that the employees have a privacy right related to what was being discussed? Generally there is no such privacy right unless it relates to medical privacy. While it may not be appropriate, it isn’t normally illegal.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: if a witness is not questionable by my lawyer is their testimony admissible and the warrant that was issued valid

& still does it still stand

T. Augustus Claus
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answered on Sep 12, 2023

In legal proceedings in Missouri, the admissibility of witness testimony and the validity of a warrant are subject to specific legal criteria and considerations. Whether a witness's testimony is admissible typically depends on factors such as relevance, hearsay rules, and compliance with... View More

1 Answer | Asked in Employment Law, Civil Rights and Social Security for Missouri on
Q: I'm disabled and was employed for a year and a half. Had to get a new prosthetic now don't have my job. What should I do

The new prosthetic was going to take about 4 weeks to get and my manager was informed. I just recently told him I would be able to come back next week and he has hired other people. I'm not on disability any longer and this job was very helpful with me working and being disabled. Can I file... View More

James L. Arrasmith
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answered on Aug 6, 2023

Losing your job due to the need for a prosthetic could raise legal issues related to disability discrimination. You may also be eligible to file for unemployment benefits, and I recommend consulting with an attorney to evaluate the specific details of your situation to ensure all your rights are... View More

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: If I believe I am being harassed out of retaliation (not employment related), would that be harassment or retaliation?

I have a previous landlord who is neighbors with my mother. He evicted us for breaking the lease (which we didn't) and has been harassing my mom periodically since. Most recently he has yelled at my 7 yo child for something that didn't happen.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 3, 2023

If he has threatened to harm the child seek and order of protection.

It takes a court judgment for an eviction. Therefore, if you were sued you should have had your day in court.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: I have an outstanding warrant for a crime I did commit, however it says my warrant is for something I was never charged

with. Under my case file, it says it's for stealing, but I pled not guilty, and then missed my trial arraignment. I should only have a warrant for missing my court date since I was never officially sentenced, right? Should I turn myself in?

Steve D. Hardin
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Steve D. Hardin
answered on Jun 28, 2023

Yes you should turn yourself in. But before you do you need to hire an attorney or speak to your current attorney.

The warrant even for failure to appear always references the charges even if you have plead not guilty. Either way when you have a warrant you need to get an attorney and...
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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Missouri on
Q: Can a landlord who is a police officer conduct his own investigation on a tenant and evict them?

My landlord was a drug investigator and he did his own investigation allegedly conducting three trash pulls to obtain a bogus warrant to search my home and evict me. He then refused to return the rent I had paid ahead of time or my deposit. I left in December and was paid until February and I had a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 23, 2023

If you were sued and served with the summons and petition or it was posted, then you would have had an opportunity to show up at court and argue that you didn’t breach the lease. From your post, it’s not clear what happened. If you lost the case and the judgment is final then I don’t know... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: What do I do when I can prove police have tampered with evidence in my criminal case and no local lawyer will help
John Michael Frick
John Michael Frick
answered on May 3, 2023

Look outside your local area to lawyers licensed to practice in Missouri federal courts who practice in the area of civil rights.

Increasing how much you are willing to pay for a lawyer’s services makes it more likely you will be able to find a lawyer who is willing to work for you.

1 Answer | Asked in Civil Rights for Missouri on
Q: The amendment 14 the right to travel would you tell me more about that please

Like if your traveling from point A to point B, do you need a license if your property is considered home goods? And if your not using it for commerical use

John Michael Frick
John Michael Frick
answered on Apr 10, 2023

You do not need a license to travel from point A to point B.

But you do need a license to operate a motor vehicle

2 Answers | Asked in Consumer Law, Business Law and Civil Rights for Missouri on
Q: Can a business owner sue for spam business related calls & Texts received on their PERSONAL cell phone ?

I AM SELF EMPLOYED. I have a business phone and a personal phone both are cell phones. if i get business related calls on my personal cell phone does that mean i still cant sue the caller because i am a business owner? i have my personal phone on the do not call list . state and federal registry.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 7, 2023

You pose good questions. I file lots of Telephone Consumer Protection Act class actions and can tell you that this is a hot area of law, because my cell phones are now both personal and business lines. Text messages are a bit different. I suggest you have an attorney. The calls and texts raise... View More

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1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Missouri on
Q: Do I have a case for unlawful termination and can I sue ?

I was allowed to start working at a nursing home before the pre employment background check was conducted.2 months later, I was terminated because the background check showed an arrest for kidnapping and burglary, to which I am not guilty of,but no conviction. The case is still pending in court and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2022

Missouri is an employment-at-will state. With limited exceptions, an employer may terminate an employee at will and doesn’t need to be fair.

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