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New Jersey Civil Rights Questions & Answers
0 Answers | Asked in Employment Law, Civil Rights, Gov & Administrative Law and Sexual Harassment for New Jersey on
Q: Federal officer suspects retaliation withholding leave options after whistleblowing, seeks advice.

I'm a federal officer with the Department of Homeland Security, currently out on medical leave due to surgery complications. I suspect my management and union representatives are withholding beneficial leave options as retaliation for a whistleblower case I was involved in, which exposed... View More

0 Answers | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for New Jersey on
Q: How to address past accusation during police job interview?

I am considering applying to be a police officer, but in the past, a sexual assault report was filed against me. The police began an investigation and attempted to contact me, but I never spoke to any detective. There were no arrests or charges, and the investigation was shortly discontinued for... View More

0 Answers | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Is it illegal to have a camera in my teen's room and refuse to remove it?

I currently have a camera installed in my teen's room because I don't trust them. My teen has asked me to remove it, but I have refused. Is it illegal to maintain a camera in their room, and what privacy issues or legal concerns should I be aware of?

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Family Law for New Jersey on
Q: Can I sue for breach of confidentiality for a child abuse report in NJ?

I reported my son to Child Protection Services in Hackensack, New Jersey, on December 7th for suspicion of child abuse. They disclosed my identity to him and in court papers, despite being told that my report would be confidential. Since then, my son has not allowed me to see my grandson and has... View More

Richard Diamond
Richard Diamond
answered on Mar 4, 2025

As a general statement, when someone makes a claim of child abuse to DCPP, it is viewed as confidential. I'm not sure what occurred in your setting and whether the DCPP rep actually told your son that you had reported him, or if your son guessed the reporting came from you and you then... View More

0 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Wrongful arrest for simple assault in NJ, need case law guidance

I was wrongfully arrested for simple assault in New Jersey. I called the police to my home expecting them to arrest the other party, who chipped a tooth after falling against me while attempting to push me. I was standing still and did not touch him. Despite initially indicating the other party... View More

0 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Advice on NJ case challenging second-degree murder with temporary insanity plea and police misconduct claims?

I am seeking legal advice regarding a case in New Jersey where Mrs. Mary Maloney, age 25, is being charged with Second Degree Murder for the alleged killing of her husband. The state claims she acted with intent and malice, warranting the second-degree murder charge. The prosecution is seeking a... View More

2 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Do acts of harassment alone constitute stalking under NJ law when seeking an FPO?

I am experiencing harassment and potential stalking from an individual who has persistently contacted me. This person called me 73 times and sent 50 text messages in one night, making threats and using abusive language, including derogatory names. After blocking him, he continued harassment through... View More

Rafael Gomez
Rafael Gomez
answered on Feb 26, 2025

Greetings, based on the law cited below, the answer is YES. You should file a complaint with the police department to accuse him of this charge. You must be able to show police all of the proofs you have mentioned. Good Luck!

2C:12-10 Definitions; stalking designated a crime; degrees....
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1 Answer | Asked in Civil Litigation, Civil Rights and Personal Injury for New Jersey on
Q: Can I take legal action for battery and trauma caused by store employee?

In New Jersey, while checking out at a grocery store, a store employee grabbed me by the wrist, accusing me of stealing an item worth $4.49, even though I had already rung up over $269 worth of groceries and had more to ring up. The employee grabbed my wrist, forcibly attempting to take me to his... View More

Rafael Gomez
Rafael Gomez
answered on Feb 24, 2025

We need more information. Was this in New Jersey? If it was, it sounds as if you may have an actionable case against the store. However, more details would be helpful. For example, are there videos from the store or from the police's body worn camera? Are there other witnesses?

You may...
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0 Answers | Asked in Consumer Law and Civil Rights for New Jersey on
Q: Is it legal to use a cell phone in a public sauna in NJ despite rules?

I want to know if it is legal for someone to have a cell phone in a public sauna in New Jersey, especially when the rules state no cell phones are allowed. This is part of a gym, and there was an incident where I felt my privacy was invaded due to another person using a cell phone in the sauna.

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Arrested under mistaken identity; seek legal guidance.

I was arrested in Dover, NJ, due to an error where warrants for someone with the same name but different social security number and birth date were mistakenly attributed to me. I was released on my own recognizance, pending a court appearance on March 3rd. I was living in Denver, Colorado, when the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 20, 2025

You need a criminal lawyer first and a civil lawyer for any civil suit. Just because you did not live in the State to the Police or Prosecutors mean nothing as you could have travelled to NJ to commit the crime and you will have to prove you were not in NJ (yes the law says otherwise, but lets... View More

0 Answers | Asked in Civil Rights and Employment Law for New Jersey on
Q: How to handle HR complaint situation with coworker in NJ?

I tried to address an issue with a coworker who seemed to display racist behavior towards my supervisor and made a threat about burning the place down if he didn't receive a bonus. I didn't consider it a credible threat at the time, so I didn't report it to management. However, since... View More

1 Answer | Asked in Employment Law and Civil Rights for New Jersey on
Q: I asked for religious accommodation for observation of the sabbath; am I being discriminated against?

I work for a LARGE railroad unaffected by my request. The policy is that we work 7 days a week on call with the option to choose any 24hours off at a first come first served basis (we call this an optional & it is paid)

That 24hrs off however is not guaranteed. There is a limited number... View More

James L. Arrasmith
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answered on Jan 28, 2025

It sounds like you may be experiencing religious discrimination. Under Title VII of the Civil Rights Act, employers are required to provide reasonable accommodations for religious practices unless it causes an undue hardship. Since your company is large and your absence on the Sabbath does not... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for New Jersey on
Q: I am trying get help with an eminent domain/blighted property issue where there was no just compensation paid.

A property was taken from my father under eminent domain/blighted property. The issue with this is that it was not a blighted property at all and the property was sold to a local business who wanted the property for many years. On top of that he was never paid any just compensation for the... View More

James L. Arrasmith
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answered on Jan 21, 2025

This situation with your father's property is deeply concerning, and I understand your frustration with both the inadequate compensation and the apparent mishandling by the previous attorney. The fact that your father was experiencing health issues during this time makes the situation even... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for New Jersey on
Q: Can my car be seized from my backyard w/o warrant or arrest nor pulled over two days after a crime was done next door

the facility was broken into next door and they seen that i was outside and walked passed the facility and left with my car but came back and they did this and have the audacity to put a charge on me for it w/o me ever being in there

James A. Abate
James A. Abate
answered on Jan 20, 2025

The police can seize the vehicle, but may not search without a warrant.

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1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: can recurring stipends be considered as income in NJ affecting a rental increase In a HUD apt. I serve for Americorp

the monthly stipends is just under $400.00 & I'm told it's considered income due to it recurring & my rent will increase

James L. Arrasmith
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answered on Jan 9, 2025

Your AmeriCorps stipend situation is quite specific to HUD housing regulations. While stipends are usually not counted as income for tax purposes, HUD follows different rules for calculating rent in subsidized housing.

Under HUD guidelines, regular recurring payments like your AmeriCorps...
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1 Answer | Asked in Civil Rights for New Jersey on
Q: Do I have any legal ground to request MLS to remove the interior photos of my house due to safety and privacy concerns?

I bought my home four years ago and recently found many interior house photos online. I reached out to MLS to request photo removal but got rejected. They claimed I don't have any legal ground to do so because I don't own the photo. I worry about our safety and privacy since hundreds... View More

James L. Arrasmith
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answered on Jan 5, 2025

You may have limited legal options to compel MLS to remove interior photos of your home. Typically, when you list a property, you grant permission for photos to be used in marketing and listing databases like MLS. This permission is often part of the listing agreement you signed with your real... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights, Education Law and Legal Malpractice for New Jersey on
Q: In the state of N.J. can a police officer in plain clothing come into a store where you're innocently shopping and

approach you as you're exiting ask your name and to speak to me outside. The questions asked where none of his business, no ryhm or reason, without my attorney and without just cause or a warrant to place me under arrest. When I asked why...he couldn't answer. He told me we will find... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you experienced that situation. In New Jersey, police officers typically need a valid reason, like reasonable suspicion or probable cause, to detain someone. Approaching you without a clear reason and requesting to speak outside might not align with standard procedures.

Not...
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1 Answer | Asked in DUI / DWI, Civil Rights and Constitutional Law for New Jersey on
Q: Township official pulled alongside parked vehical on private property & issued person standing next to vehicle intoxic

Officer was seeking similar vehicles reported by citizen to be hazard

James L. Arrasmith
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answered on Oct 27, 2024

You were approached by a township official while standing next to your parked vehicle on private property. The officer was searching for vehicles similar to yours that had been reported as a hazard by a citizen. It seems you were issued a citation or accused of being intoxicated.

You might...
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1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Medical Malpractice for New Jersey on
Q: I WAS RACIALLY PROFILED AT WELLS FARGO BANK IN IRVINGTON AND EAST ORANGE NEW JERSEY can I sue?

I SUFFERED A FRACTURED RIGHT ANKLE IN MY KITCHEN WHILE AT THE HOSPITAL ( EAST ORANGE GENERAL ) AND THE PERSON CARING FOR ME HE AND HIS GF WERE FIGHTING OVER ME WHILE HE WAS CARING FOR ME. SO I REPRIMANDED THE TWO OF THEM AND SHE PUT A LIE IN MY REPORT AND NOW NO LAWYER WILL TAKE MY CASE I HAVE... View More

James L. Arrasmith
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answered on Sep 27, 2024

I'm sorry you're going through this—it sounds incredibly frustrating and unfair. When it comes to racial profiling, you may have grounds for a lawsuit if you can prove that Wells Fargo discriminated against you based on your race. You can consider filing a complaint with the New Jersey... View More

1 Answer | Asked in Civil Rights for New Jersey on
Q: Hello I was wondering who would be interested in a civil law suit brutality physically as well as mentally by Salem Co

My grandson was abused while being held in Salem Co correctional I have video as well all documents pertaining to the assault Salem is ready to move forward My grandson don't have full contact access while incarcerated in Trenton State so he's asked me to reach out to a civil attorney

James L. Arrasmith
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answered on Sep 22, 2024

I'm sorry to hear about the difficult situation your grandson is facing. It sounds like a serious case of abuse, both physically and mentally, while in the custody of Salem County Correctional. If you have video evidence and documentation of the assault, you’re in a strong position to take... View More

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