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New Jersey Civil Rights Questions & Answers
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

1 Answer | Asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for New Jersey on
Q: What if one was involuntarily commited and drugged into unconscienceness and not told about any other options?

I was given an overdose of Haledol in Hackettstown ER by IM which I never had before. Unconsciencely transported by abulance to Newton Hospital. I was not given a prescribe medication for 2 days, causing withdrawal symptoms and treated very disrespectively at both Hospitals. My family... View More

James L. Arrasmith
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answered on Aug 31, 2024

It's incredibly distressing to hear about your experience. Being involuntarily committed and drugged without your consent or knowledge of other options is a violation of your rights. The fact that you were not informed about your situation, unable to contact your family, and treated... View More

2 Answers | Asked in Real Estate Law and Civil Rights for New Jersey on
Q: I have a few questions about riparian rights

I think I may have water rights. But I don’t understand how it is worded

Anthony M. Avery
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answered on Aug 9, 2024

You will need to hire a NJ attorney to search all relevant titles and explain the law.

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2 Answers | Asked in Consumer Law, Contracts, Civil Rights and Education Law for New Jersey on
Q: I want to sue an university ?

Story:

The school requirements for admission is to complete prerequisites and have a bachelor degree with a cumulative gpa of 3.0 in all undergraduate coursework. This requirement is written on their website.

My transcript inserted two credentials of all my undergraduate... View More

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2024

You could reach out to attorneys who handle such cases to discuss. However, keep in mind that in this type of matter, if a law firm handles in on an hourly basis instead of a contingency basis, that could mean legal fees - win or lose. The first thing to learn from law firms that handle such matter... View More

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2 Answers | Asked in Personal Injury, Civil Rights and Landlord - Tenant for New Jersey on
Q: can I sue my roommate for emotional distress?

m

Robert D. Novicke
Robert D. Novicke
answered on Aug 23, 2024

An individual can file an emotional distress claim if they are able to show the elements of the claim. Namely:

1. First, the plaintiff must prove that the defendant acted intentionally or recklessly.

2. Second, the defendant’s conduct must be extreme and outrageous.

3....
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Q: I'm inquiring about filing a civil suit against Plainfield police department violating my right per theChevron deference

My parked car's license plates were scanned and my car was impounded in the middle of the night on 7/14. The plfdpd enforced Dmv policy after the overturning of the Chevron case ruling against agencies violating the ppl rights. Dmv is one of the 439 federal agencies listed in the doctrine.... View More

James L. Arrasmith
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answered on Jul 27, 2024

You have grounds to consider filing a civil suit against the Plainfield Police Department if they violated your rights. The impoundment of your car based on a license plate scan, especially in the middle of the night, can be legally questionable. The enforcement of DMV policies after the... View More

1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: can a city inspector walks into one's backyard without permission?

I never receive a notification about the visit, only my 16 years old was at home and she saw him in the backyard. He never rang the door bell and I saw him on the cameras

James L. Arrasmith
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answered on Jul 27, 2024

City inspectors typically need permission or a warrant to enter private property, including backyards. Exceptions can include situations where there are visible code violations from the street or if there's an immediate danger.

If an inspector entered your backyard without notice or...
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1 Answer | Asked in Civil Rights for New Jersey on
Q: What is N.J.S.A. 26:17-3.1

I filed a complaint against an attorney through the NJ Ethics Commission

James L. Arrasmith
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answered on Jul 28, 2024

N.J.S.A. 26:17-3.1 refers to a specific statute in New Jersey law, related to civil rights and legal processes. This statute involves the rights and obligations under the New Jersey Parentage Act. It ensures proper procedures are followed for the establishment of parentage and related issues.... View More

1 Answer | Asked in Family Law, Child Support and Civil Rights for New Jersey on
Q: Judge gave me POA to levy all bank accounts & anything associated with social due to NPCS. Can I levy his commissary?

*Non Payment of Child Support (NPCS)

James L. Arrasmith
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answered on Jul 28, 2024

When a judge grants you the power to levy bank accounts and anything associated with social security due to non-payment of child support, it generally means you can take legal action to collect the owed money. This can include garnishing wages or freezing bank accounts. However, levying an... View More

1 Answer | Asked in Civil Rights for New Jersey on
Q: My 16 year old epileptic son is in ER 24 hour psych hold but not getting detox meds and is actively with drawling,

He has not eaten sweaty non responsive agitated to touch asked hours ago for some.thing to relieve his pain and has been ignored

James L. Arrasmith
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answered on Jul 27, 2024

I'm really sorry to hear about your situation. It's crucial to ensure your son's immediate needs are met, especially given his condition and the symptoms you described. You should speak to the attending nurse or doctor and clearly explain the severity of his withdrawal symptoms and... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: The landlordmanager a d opposing case civil lawyer stole all my civil case documents before icoumd show it to the court

The documents were forgeries by the opposing lawyer to deceive and mislead .e false testimony fake court adjournment ,altered court orders

James L. Arrasmith
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answered on Jun 21, 2024

I understand this is a serious situation regarding your civil case documents. Here's a concise response with some general advice:

1. Report the theft to the police immediately.

2. Inform the court about the stolen documents and any suspected forgeries or alterations.

3....
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2 Answers | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Is it fair that negligence can be discrimination?

Discrimination in certain laws can be due to negligence but in those same laws also they define discrimination as “intentional”. If your negligent your not intentional. Obviously negligent discrimination is a damage to a person but I feel we are playing with to many words.

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

A civil rights attorney could handle your question best, but you await a response for a week. The short answer is that discrimination in general doesn't necessarily require intent. For example, certain policies may have the effect of resulting in discrimination in a given setting. Depending on... View More

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