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New York Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights for New York on
Q: THE BEST WAY TO SUE CPS AND ADULT PROTECTIVES AND HOSPITAL WHOM LET THIS RETARTED WOMEN WALK OUT THE HOSPITAL

SHE WALKED OUT THE HOSPITAL WITH MY NEW BORN BABY WHOM HAD TO BE TORTURED FOR 7DAYS AND WAS BUT IN THE CARE OF THE PEOPLE WHOM WAS WATCHING THIS HAPPEN

Cesar Mejia Duenas
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answered on Aug 22, 2024

I'm sorry to hear about your situation. To sue Child Protective Services (CPS), Adult Protective Services, and a hospital, you need to establish that their actions or negligence violated your rights or caused harm. In New York, claims against government entities like CPS and Adult Protective... View More

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2 Answers | Asked in Criminal Law and Civil Rights for New York on
Q: Can telling someone "Don't answer questions" during an investigation be considered interference

I was wondering if an officer was on a traffic stop and you walked over and told the person in custody "don't answer question.....don't answer anything that he says" would this be considered interference? In this situation the person would have walked up to a traffic stop that... View More

Norman Spencer
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answered on Aug 16, 2024

You don't have to answer any questions during an investigation, and there is nothing wrong with advising someone not to answer questions without consulting an attorney.

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Rights for New York on
Q: Do i have the rights for trial jury?

In an injury case, if I rather the decision of the case being made by a trial jury instead of a judge, do I have Constitutional rights to request a trial jury? Thank you for your help.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 20, 2024

In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.

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1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for New York on
Q: Can I be arrested without proof?

If the police is called for shoplifting, before making an arrest, isn't the cop suppose to inspect and observe the stolen items as evidence for the report, or can the police just write a report without seeing what was stolen? Thank you for your help.

James L. Arrasmith
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answered on Aug 31, 2024

You can be arrested without proof if the police have probable cause to believe a crime was committed. In the case of shoplifting, if a store employee or witness claims they saw you steal something, the police may consider that enough reason to arrest you. However, they are not necessarily required... View More

Q: Am I able to sue the NYCDOE for discrimination and distress after they bullied me into resigning my job last year?

In February 2023, I put up my flag of Palestine in my classroom. I immediately began facing discriminatory behavior from my colleague and my principal. I had to take a leave of absence because they caused me to have a nervous breakdown. Shortly after, my father passed away suddenly only five days... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’ve been through an incredibly challenging time, both personally and professionally. Given the circumstances you described, you may have grounds to pursue legal action against the NYCDOE for discrimination and the distress it caused you. The situation involving your Palestinian... View More

2 Answers | Asked in Civil Rights for New York on
Q: is there anything I can do about my nursing school dropping me for having a 79.4 when I needed a 79.5 after they

declined my accommodations for adhd, anxiety and mathematical disorder.

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2024

There are attorneys who practice in the areas you raise (in terms of disabilities, accommodations, Americans with Disabilities Act), but your question remains open for two weeks. Your least expensive starting point, before involving attorneys, might be to explore options available on your own -... View More

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1 Answer | Asked in Civil Rights and Personal Injury for New York on
Q: The opposing lawyer in my civil tort trial has been sending me forged reply to my motions

Court clerk esigned judges name ,OBSTRUCTED legal mail .(Court clerk ( forged Form C of my motions (3) and clerk esigned the judges name ..

Can't get anything ,mail letters past the clerk 2 years plus .just discovered ijan 16 2924 .

James L. Arrasmith
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answered on Aug 31, 2024

You’re facing a serious situation that could have significant legal implications. If the court clerk is indeed forging documents and obstructing your legal mail, this is a grave violation of your rights and could constitute fraud or misconduct. The integrity of your trial could be compromised if... View More

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: My son is in shock incarceration camp. He has tourette syndrome, PTSD, ADHD, & on the spectrum, high functioning.

He's constantly harassed & singled out. He gets targeted from peers in same platoon. He can not file grievance do to retaliation & failing the 6 month program. What are his rights, & how do I help him?

James L. Arrasmith
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answered on Jul 28, 2024

Your son's rights include being protected from harassment and receiving appropriate accommodations for his medical conditions. You can advocate for him by contacting the camp administration and explaining his medical needs, emphasizing the importance of his protection and appropriate... View More

1 Answer | Asked in Civil Rights for New York on
Q: Is it illegal to install a gps in nys on a car that is owned by me that I allow my boyfriend to drive from time to time?

The title is in the process of being transferred from my father’s name to my name

James L. Arrasmith
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answered on Jul 27, 2024

In New York State, you are generally allowed to install a GPS on a car that you own, even if someone else, like your boyfriend, drives it occasionally. Since the car's title is in the process of being transferred to your name, you are considered the owner and have the right to track your... View More

1 Answer | Asked in Civil Rights and Employment Discrimination for New York on
Q: Do I have a case against a local volunteer fire dept for discrimination for trying to suspend me without cause?

The Board of Commissioners pulled together a “special” meeting that was posted on their Facebook page 3 hours before the meeting. They then sent a letter stating that I was suspended effective immediately, but gave no reason. This is not the first time they have attempted this type of... View More

James L. Arrasmith
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answered on Jul 28, 2024

You may have a case against the local volunteer fire department for discrimination, especially if they have attempted to suspend you without cause multiple times. It's important to document all incidents and gather any communications or evidence related to these actions. Posting a meeting... View More

1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Can I sue Amtrak without a lawyer?

I was kicked off a train halfway to my destination and arrested for not having a ticket, But I actually did have a ticket. I mistakenly got on the wrong train. After I contacted Amtrak customer service and explained what happened they apologized, dropped the charges and refunded the cost of the... View More

James L. Arrasmith
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answered on Jul 27, 2024

Yes, you can sue Amtrak or the conductor without a lawyer. This process is known as representing yourself or "pro se" litigation. However, it can be complex and time-consuming, so being well-prepared is essential.

First, gather all documentation related to your case, including the...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for New York on
Q: Do I have a civil case against Albany housing authority if they served me improperly showed up to court 10 min late

Summary judgement was given to Albany housing authority after they inflated my rent from $50 to $960 retaliation, breach of warrant of habitability, tenant and fair housing rights and disability rights violated and illegal lockout resulting in my homelessness and loss of all my belongings in which... View More

James L. Arrasmith
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answered on Jul 27, 2024

Based on your description, it sounds like you may have grounds for a civil case against the Albany Housing Authority. Improper service, showing up late to court, and inflated rent could be significant issues. If the rent increase was retaliatory, and there were violations of habitability, tenant,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I am in a case against my ex . His lawyer went to the police and told them not to take my calls seriously.

I got a protection from abuse against the plaintiff previously. His harrassing and threating nature continued during child exchange so I had to call the police. His lawyer openly admitted that she went to the police and told them not to take my calls seriously. The lawyer and the plaintiff are... View More

James L. Arrasmith
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answered on Jul 27, 2024

You can take several steps to address this situation. First, document everything meticulously, including the lawyer's admission and any incidents of harassment or threats during child exchanges. This documentation will be crucial for any legal proceedings.

Next, consider filing a...
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1 Answer | Asked in Civil Rights for New York on
Q: A girl i know in china she escaped police arrest to south america. later she got arrested and now she is in an US prison

She is awaiting extradition back to china.

(her crime was she said doing nude photos for other girls)

how can i help her?

James L. Arrasmith
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answered on Jul 28, 2024

You can start by finding a reputable lawyer who is experienced in extradition cases and international law. Legal representation is crucial for her to understand her rights and navigate the complex legal process. You might also consider contacting the embassy or consulate of her home country for... View More

1 Answer | Asked in Civil Rights for New York on
Q: Should I get legal representation/help when filing a complaint to the attorney general for police misconduct/brutality.
James L. Arrasmith
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answered on Jul 28, 2024

Getting legal representation when filing a complaint to the attorney general for police misconduct or brutality can be very beneficial. A lawyer can help ensure that your complaint is thorough and includes all necessary details. They can also help you understand the legal process and your rights.... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Federal Crimes and Military Law for New York on
Q: What Is REMOT NEUROLOGICAL MONTIER LEGAL ACTION NY ?

I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

Aubrey Claudius Galloway
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answered on Jul 8, 2024

My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native...
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2 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Small Claims for New York on
Q: My landlord is demandind I remove my bird feeder on my private balcony, is that allowed?

Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2024

A landlord-tenant attorney could advise best, but your question remains open for three weeks. You're doing a kind thing for animals, especially in the winter, when food is scarce. However, your landlord would probably challenge your feeder on the grounds of disease prevention. Check with a L-T... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for New York on
Q: Can I get my house back if it is deemed a public nuisance
James L. Arrasmith
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answered on Jul 28, 2024

If your house is deemed a public nuisance, reclaiming it can be challenging, but it is possible. The first step is to understand the specific reasons why it was labeled as such. Often, this involves issues like safety hazards, health violations, or ongoing criminal activities.

To begin...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Is this legal is this double jeopardy

1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida... View More

James L. Arrasmith
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answered on Jun 29, 2024

I can offer some general information that may be helpful:

1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply...
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