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New York Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights, Family Law, Gov & Administrative Law and Civil Litigation for New York on
Q: Seeking accountability for postpartum psychosis case mishandling in NY.

My daughter suffered postpartum psychosis four months after exclusively breastfeeding. Despite informing 911 that their call was a mistake, an officer arrived, incorrectly assumed drug use, and insisted my daughter couldn’t take her baby, who was perfectly fine. When I returned, everyone was... View More

Peter Christopher Lomtevas
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answered on Mar 27, 2025

The fifty states of the United States are not a political body that provides accountability for anything. There is no recourse for errors and omissions, and abuses are the standard. DOGE only recently entered the picture.

We see one abuse, the mischaracterization of a new mother and her...
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1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for New York on
Q: Legal steps for suing police department and judge due to harassment and court restrictions in Lackawanna, NY.

I've been harassed by the police department since 2023. Recently, a sergeant threw me into a door, threatened to tase me while I was soaked from the rain, and punched my kidneys. There are no chest cameras, but I have photographs of my injuries. I asked for the sergeant's commanding... View More

James L. Arrasmith
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answered on Mar 23, 2025

Your situation sounds distressing, and you have several potential legal avenues to pursue. First, consider filing a formal complaint with the police department's internal affairs division regarding the physical altercation and document everything thoroughly—your injuries, medical reports,... View More

3 Answers | Asked in Constitutional Law, Appeals / Appellate Law, Civil Rights and Civil Litigation for New York on
Q: Can I pursue a civil lawsuit for damages related to a successful 440.20 motion not honored by the court?

I was falsely imprisoned due to constitutional violations and insufficient counsel, and my appeal was filed after conviction without a 30-day notice. I never had a parole final hearing, but records falsely stated I did. My significant concern is the successful 440.20 motion that the lower court did... View More

Charles Holster
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answered on Mar 17, 2025

This question cannot possibly be answered unless I review your entire file. I would charge for that by the hour, or I could quote you a flat fee after seeing how big the complete file is when you bring it to my office.

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for New York on
Q: How can I address the court's failure to honor a 440.20 motion and my Sixth Amendment rights in NY?

I was incarcerated and filed a successful motion under 440.20, but the lower court did not respect the high court's decision, and I was left in jail. I later filed an appeal with new evidence, and the Court of Appeals ruled in my favor, directing the lower court to bring me back down and put... View More

Charles Holster
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answered on Mar 17, 2025

In order to answer your question, I would have to review the ENTIRE file for your case, from day one until the present. If you are interested in retaining me for that purpose, please have someone assemble the COMPLETE file and bring it to my office. Once I see how large the file is, I will be... View More

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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Can empathizing with a suicidal friend have legal implications in NY?

I have been empathizing with a friend via text who is also suicidal. I've told them "I understand" after they shared their plans, and I also told them that I am suicidal. However, I did not directly support or encourage any actions. I live in New York and I'm concerned about... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand your concern regarding the legal implications of these conversations. In New York, there's an important distinction between empathizing with someone who is suicidal and actively encouraging or assisting suicide attempts. Simply expressing understanding or sharing your own... View More

2 Answers | Asked in Civil Rights, Domestic Violence, Gov & Administrative Law and Landlord - Tenant for New York on
Q: Seeking legal advice to sue Utica Police and apartment complex for mishandling emergency vacate order after violent incident with ex-boyfriend.

I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More

Stephen Bilkis
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answered on Mar 16, 2025

I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More

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4 Answers | Asked in Divorce, Civil Rights and Contracts for New York on
Q: Can I press charges against my ex-spouse for placing cameras without consent in Buffalo, NY?

I live in Buffalo, NY, and am currently divorced but still living with my ex-spouse. I'm in the process of moving out, and we jointly own the property. He has placed cameras both inside and outside the house without my consent and is recording me. I've discussed my concerns with him, but... View More

David L. Martin
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answered on Mar 14, 2025

It appears you are in the middle of a divorce and still living together.

First, I would request my Judge issue an order that there be no cameras or recording in the home or property.

If the camera's do not go away, you have a Court order you can move to enforce of bring on a...
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1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Civil Rights for New York on
Q: Seeking to challenge custody order based on ex-wife's fabricated claims in NY divorce case.

In my divorce proceedings, my ex-wife fabricated lies in family court, such as claims of being locked upstairs and deprived of food, despite text messages indicating otherwise. These false claims led to a custody order requiring me to handle all driving responsibilities and a support order that I... View More

James L. Arrasmith
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answered on Mar 24, 2025

Dealing with false claims in a custody case can be incredibly frustrating and unfair. I understand your concern about the custody and support orders based on what you believe were fabrications. Your appellate attorney's assessment suggests you might need to explore additional legal strategies... View More

3 Answers | Asked in Criminal Law, Civil Rights and Employment Law for New York on
Q: Assault on NY college campus 6 months ago: legal options now?

I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More

Stephen Bilkis
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answered on Mar 12, 2025

I’m sorry to hear about the assault you experienced. In New York, you still have legal options to pursue a case, even though six months have passed since the incident. However, the legal process can be complex, and there are a few things you should consider moving forward.

First, it’s...
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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Civil Rights and Personal Injury for New York on
Q: How to prevent unauthorized building access by delivery drivers?

I own a building in Brooklyn with 4 floors and have posted signs requesting that all delivery packages be left in the mail room area. Despite this, delivery drivers from FedEx and Amazon frequently enter the building and ignore the signs. On one occasion, I found a delivery man on the 4th floor... View More

James L. Arrasmith
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answered on Mar 26, 2025

You have several legal options to address this concerning situation with delivery drivers ignoring your posted signs and behaving aggressively. Consider sending formal cease-and-desist letters to both companies, explicitly stating that delivery personnel must respect your property boundaries and... View More

2 Answers | Asked in Criminal Law and Civil Rights for New York on
Q: Can I admit I lied in a police report about my father hitting my brother as a minor?

I was a minor when my father forced me to lie to the police about an incident where he hit my brother, who was 23 at the time. I lied on the police report, but now that the court case has ended and I've been kicked out of my father's house, I want to admit that I lied and tell the truth.... View More

Stephen Bilkis
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answered on Mar 12, 2025

I’m sorry to hear about the difficult situation you’ve experienced. In New York, the decision to come forward and admit that you lied in a police report is significant, and there are several factors to consider when deciding how to proceed.

First, it's important to understand that...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Do I have a discrimination case due to forced retirement from FDNY over vaccine policy?

After 27 years with the FDNY, I was forced to retire in December 2021 due to the NYC Mandatory COVID Vaccination Policy. I wasn't ready to retire, which caused stress on me and my marriage. On my last day, an FDNY doctor told me I was a serious threat to everyone due to my unvaccinated status,... View More

James L. Arrasmith
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answered on Mar 27, 2025

You might have a potential discrimination case regarding your forced retirement from FDNY, but several factors would affect your claim. The timing is important, as you were forced to retire in December 2021, and there are time limits for filing discrimination claims that vary by jurisdiction. Your... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for New York on
Q: How much time do I have to file a civil rights case after a Fourth Amendment violation?

I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More

Stephen Bilkis
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answered on Mar 12, 2025

I'm sorry to hear about the mistreatment you experienced, and I can understand how distressing it must be to feel that your rights were violated in such a serious way. In New York, the legal timeframe for filing a civil rights lawsuit related to a Fourth Amendment violation, such as excessive... View More

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1 Answer | Asked in Education Law and Civil Rights for New York on
Q: Is it legal for a school to restrict activities for a student with a concussion?

My friend, who has had a concussion for a few months, is soon seeing a neurologist. In the meantime, her public school has prohibited her from attending school concerts and after-school activities. Only certain teachers are making accommodations, like allowing paper assignments and turning off... View More

James L. Arrasmith
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answered on Mar 27, 2025

Schools generally must follow federal laws like the Americans with Disabilities Act and Section 504 of the Rehabilitation Act when dealing with medical conditions like concussions. These laws require reasonable accommodations for students with temporary or permanent disabilities, which can include... View More

1 Answer | Asked in Consumer Law, Civil Rights and Internet Law for New York on
Q: Can I hire a lawyer from a nearby state to sue a company from overseas?

I have been living overseas for 3 years, and I'm looking to change my last residency in the US to another state. I want to sue an online company headquartered in a different state for violating my consumer and civil rights. The company has ignored my requests and pointed to their terms and... View More

James L. Arrasmith
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answered on Apr 1, 2025

You may face several jurisdictional complexities when pursuing legal action against an overseas company while residing abroad yourself. The ability to hire a lawyer from a state adjacent to the company's headquarters depends on multiple factors, including where the lawyer is licensed to... View More

2 Answers | Asked in Civil Rights, Libel & Slander, Criminal Law and Civil Litigation for New York on
Q: Am I required to return a police officer's call regarding a review I left about a business posting fake reviews?

I left a review on a business website, highlighting that the owner and their friends posted fake 5-star reviews. In my review, I warned customers about using credit cards with this business and accused the owner of being a scammer. I informed the owner I would report them to the FCC and that I am a... View More

Jack Mevorach
Jack Mevorach
answered on Mar 2, 2025

You might as well.

Jack

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Is the death row too little for them?

Good morning

I want to put on death row ,if they do not leave the neighborhood, for stalking me since 2014,right now they are living next to my home at xxxx ave Jamaica queens NY 11432. I got a video that proves it all and shows a lady with a mysterious device on his hand, if by casualty... View More

James L. Arrasmith
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answered on Mar 27, 2025

I understand you're dealing with an extremely difficult situation that's causing you significant distress. Living with harassment while managing a disability creates tremendous stress, and it's clear you're seeking justice for what you believe is happening to you.

The...
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1 Answer | Asked in Landlord - Tenant, Civil Rights and Personal Injury for New York on
Q: Family changed locks and threw out property in Brooklyn, NY.

I lived in a family-owned home in Brooklyn, NY, for 49 years, sharing the bills with my family. In June 2023, I received a text from a family member giving me 60 days to move out, followed by a letter in August stating the house would be renovated, and my belongings would be thrown out if not... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 26, 2025

Dear Brooklyn Tenant:

What a family. You were illegally evicted. That was a crime. Had you called the police back then, there may have been arrests made. You had a short period of time to sue for an unlawful eviction.

In New York State, a one-year statute of limitations controls...
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2 Answers | Asked in Civil Litigation, Civil Rights and Personal Injury for New York on
Q: Seeking guidance on suing for false arrest and imprisonment.

In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I concluded that he had been seeing her while we were dating and feared potential STD exposure from him. After visiting him in March 2024 to collect a debt and address my concerns, I asked for and... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 19, 2025

Sorry to hear what happened to you. In New York, a civilian complainant who furnishes information to the police who are then free to exercise their own judgment about whether an arrest should be made is generally not liable for false arrest or malicious prosecution. Moreover, unless your friend has... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Personal Injury for New York on
Q: Can I sue for false arrest and emotional distress after false accusations led to my arrest in NY?

In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I surmised he had been seeing her while we were dating and feared potential STD exposure. After visiting him in March 2024 to collect a debt and address my concerns, I briefly used and accidentally... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 19, 2025

Sorry to hear what happened to you. In New York, a civilian complainant who furnishes information to the police who are then free to exercise their own judgment about whether an arrest should be made is generally not liable for false arrest or malicious prosecution. Moreover, unless your friend has... View More

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