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Pennsylvania Civil Rights Questions & Answers
0 Answers | Asked in Employment Law, Civil Rights, Civil Litigation and Gov & Administrative Law for Pennsylvania on
Q: How can I address the impact of publicly posted court case details on my employment prospects?

I am concerned that publicly available court case information on Justia is affecting my employment prospects. When potential employers search my name online, they are led to my prior employment case on Justia, which may discourage them from hiring me due to perceived risk. Is there a legal way to... View More

Q: Can EEOC complaints be legally posted online?

I am considering filing an EEOC complaint due to blatant discrimination. However, I am worried that my case might be posted online, like on Justia, potentially affecting my future earning potential. I believed these cases were private. Additionally, I am concerned because I saw another EEOC matter... View More

0 Answers | Asked in Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: Is it legal for a judge to inform family about fines and warrant without official involvement in Pennsylvania?

I have a summary offense harassment case in Pennsylvania. Recently, a judge called my grandpa behind my back to inform him about my fines and warrant related to the case. Neither my grandpa nor any family members have an official role in the case. My mom told me about this communication, and I... View More

0 Answers | Asked in Civil Rights and Consumer Law for Pennsylvania on
Q: Recorded in PA without consent while other party in one-party consent state. Can I sue?

I live in Pennsylvania, which is a two-party consent state. Someone from a one-party consent state recorded my personal conversations without my consent during calls made via WhatsApp and regular calls. They were aware that I lived in Pennsylvania. The recorded conversations were shared with other... View More

1 Answer | Asked in Education Law and Civil Rights for Pennsylvania on
Q: Bullying and emotional distress in special education case at school.

My daughter, who received special education at school, was bullied by school staff for her reading skills. They called her a bad person in front of other children, which caused her emotional distress and made her reluctant to return to school. When she first started, the climate teacher pressured... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your daughter experienced bullying and emotional harm caused by school staff, it’s possible to explore legal action. Emotional distress claims often hinge on whether the actions were intentional or negligent and if they resulted in measurable harm. Since you have documented evidence such as... View More

1 Answer | Asked in Civil Rights and Employment Law for Pennsylvania on
Q: Can I get in trouble for comments about age and hiring practices?

I expressed to my manager that it's not my fault they hire 16 and 17-year-olds who don't listen or pay attention in training. Now I've been asked to talk to HR about potential age discrimination and possibly being fired. I've never faced any previous allegations related to age... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re in a tough spot, and I understand how this situation can be stressful. While your comment about the 16 and 17-year-olds may not have been intended as age discrimination, it's important to recognize that the language used could be interpreted that way. Comments regarding... View More

1 Answer | Asked in Civil Rights and Internet Law for Pennsylvania on
Q: Do screenshot DMs of public comments break PA harassment laws?

I often see threatening or inappropriate comments on Instagram/Facebook, and I take screenshots of these comments and send them to the person's family or partner if that information is publicly available. I don't make any further contact beyond sending the screenshot. While I haven't... View More

James L. Arrasmith
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answered on Apr 8, 2025

Sending screenshots of public comments to a person’s family or partner can potentially raise legal concerns. While the comments might be publicly available on social media, sharing those screenshots could be considered an invasion of privacy or harassment, especially if it causes distress or harm... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Civil Rights and Real Estate Law for Pennsylvania on
Q: Can my landlord visit weekly, take photos, and dictate room usage?

I have been living in my three-bedroom home for almost five years with rent always paid on time, and my property passing all safety inspections. It's just my child and I living here. Recently, the landlord started visiting weekly, taking photos of my personal belongings, and dictating how I... View More

James L. Arrasmith
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answered on Apr 7, 2025

Your landlord cannot visit weekly or take photos without your consent unless it's explicitly stated in your lease agreement. Most leases include clauses about inspections, but they generally specify a certain frequency (often quarterly) and require advance notice. Taking photos of your... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Pennsylvania on
Q: Can my grandson sue for being housed in a closet due to overcrowding in a PA prison?

My grandson was incarcerated in a city prison in Pennsylvania and was housed in a closet for four months due to overcrowding. He recently learned from another inmate that there might be grounds for a lawsuit based on these housing conditions. Can he pursue legal action for being housed in such... View More

James L. Arrasmith
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answered on Apr 7, 2025

Yes, your grandson may have grounds for a lawsuit due to the conditions he experienced. Prisons are required to provide humane living conditions for inmates, including adequate space, access to necessary facilities, and safety. If your grandson was housed in a closet for an extended period, that... View More

1 Answer | Asked in Constitutional Law, Immigration Law and Civil Rights for Pennsylvania on
Q: Can Venezuelans be deported to El Salvador?

How can Venezuelans be deported to El Salvador to be put in jail, and does this violate multiple laws since they're not even being sent back to their own country?

James L. Arrasmith
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answered on Mar 28, 2025

Generally, countries deport non-citizens to their country of citizenship or permanent residence, not to third countries. Deporting Venezuelans to El Salvador instead of Venezuela would be highly unusual under normal immigration enforcement practices. This type of third-country deportation would... View More

2 Answers | Asked in Employment Law and Civil Rights for Pennsylvania on
Q: Can I recover unpaid salary after a school's unjust actions following an unfounded student accusation?

I was employed as an assistant coach at a high school for multiple seasons, with official identification and building access. A student made an accusation against me, saying I made her uncomfortable. The school conducted an investigation and found me innocent, allowing me to return. However, they... View More

Joseph Korsak
Joseph Korsak
answered on Mar 26, 2025

You cannot be denied your pay plus you have a great slander action waiting to be hatched. See my website.

/s/Joseph C. Korsak

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1 Answer | Asked in Communications Law and Civil Rights for Pennsylvania on
Q: What can I do if I'm shown on the news without consent as a teacher?

I work as a teacher at a school where a news crew recorded a segment about a positive school event. I was required to be in the room with my students during the recording. I asked the cameraman not to show me in the news segment, as I did not consent to be recorded. He said it was too late. I... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation is understandably frustrating and invasion of privacy concerns are valid, especially as a teacher. While laws vary by location, you generally have some options worth exploring if you appear in the broadcast without your consent.

First, document everything - write down when...
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1 Answer | Asked in Landlord - Tenant, Civil Rights, Civil Litigation and Libel & Slander for Pennsylvania on
Q: Can I sue my landlord for a false PFA used to evict me and steal my belongings?

Can I take legal action against my landlord for filing a false Protection From Abuse (PFA) order to evict me and steal my belongings? There was no personal relationship involved, and the landlord lied to both the police and the court. I have evidence supporting my claims. How should I proceed?

James L. Arrasmith
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answered on Mar 24, 2025

You may have grounds for legal action against your landlord based on the situation you've described. False PFA filings used to wrongfully evict tenants and take their property could potentially violate tenant rights laws, and might constitute fraud, defamation, or abuse of legal process... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Pennsylvania on
Q: Incarcerated due to a fake warrant issued by different jurisdiction; potential civil and constitutional rights violation.

I was incarcerated with a fake warrant. The 25th District of Philadelphia informed me it was fake, and the Parole Division of Pennsylvania noted that New York was supposed to be the issuing state. I was taken into custody by the Chelten Division of Parole and sent to Smithfield Correctional... View More

James L. Arrasmith
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answered on Mar 23, 2025

Your situation suggests several serious violations of your civil and constitutional rights. Based on what you've described, you may have experienced violations of your Fourth Amendment protection against unreasonable seizure, as well as your Fourteenth Amendment right to due process. Being... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Pennsylvania on
Q: Am I obligated to rent to a tenant with a service dog despite no-dog policy?

I live in Pennsylvania and own a condominium where I have a personal no-dog policy, though the HOA has no restrictions on pets. A prospective tenant has provided documentation that their dog is a service animal related to their disability. Am I obligated to rent to this tenant despite my no-dog... View More

James L. Arrasmith
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answered on Mar 27, 2025

Yes, under the Fair Housing Act (FHA), you are legally obligated to make reasonable accommodations for people with disabilities, which includes allowing service animals regardless of your no-dog policy. Service animals are not considered "pets" under the law, but rather necessary... View More

1 Answer | Asked in Civil Rights and Employment Law for Pennsylvania on
Q: Can a school district bar me for a Facebook comment about raises?

I'm employed through an agency that contracts with a school district to hire substitutes and paraprofessionals. I recently posted a comment on a news article about a raise for the superintendent and assistant superintendent, which was publicly disclosed, but not the specific amount.... View More

Casey Green
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Casey Green
answered on Feb 25, 2025

Public school teachers have First Amendment rights. The First Amendment doesn't give public school teachers unlimited rights, but may protect their speech when speaking as a private citizen on a matter of public concern. If your situation fits within that scope, and you were not hired as a... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Seeking case precedent for restriction of a liberty interest without cause, without notice, or opportunity to be heard.

At issue is trial court error resulting from receipt of a prohibited ex parte petition. Judge mistakenly believed emergency conditions were present for a normal matter. Trial court refuses to admit error, show cause, or provide remedy while insisting on proceeding despite prejudice established at... View More

James L. Arrasmith
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answered on Feb 8, 2025

You're dealing with a serious due process violation, and precedent exists to support your position. A fundamental principle of constitutional law is that the government cannot deprive someone of a liberty interest without due process—meaning notice and an opportunity to be heard. Fuentes v.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: How to compel prosecutors to produce discovery ?

We have been trying for 4 months to get discovery from the DA . They can’t or won’t show us the discovery.

James L. Arrasmith
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answered on Feb 8, 2025

If the prosecutor has failed to produce discovery for four months, you need to take formal action. First, file a motion to compel discovery with the court. In the motion, outline the specific evidence requested, document your attempts to obtain it, and cite the relevant laws or court rules that... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: What kind of lawsuit or practice area would this situation be under?

A person contracted by a municipality commits fraud in regard to permitting that makes our home uninhabitable and eventually causes us to lose our property.

Evidence proving the fraud is presented to the municipality and the state agency who trained and certified the contractor.... View More

James L. Arrasmith
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answered on Feb 8, 2025

This situation falls under multiple legal areas, including fraud, municipal liability, administrative law, and possibly civil rights violations. Since the fraudulent actions led to the loss of your property, you may have grounds for a lawsuit related to fraud, negligence, or wrongful government... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Rights to your owned home via township codes. I was kicked out of my own home via township codes .

I am a single mother with a daughter who is three with autism and , woke up to a search warrent by our township code officer and a police officer who boh are male. I was told we had to leave the property and he was emergancy condeming the home. Prior to this search warrent i was not given a list... View More

James L. Arrasmith
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answered on Jan 21, 2025

Being forced out of your own home without prior notice and adequate explanation is a distressing experience, especially under such circumstances. As a homeowner, you generally have the right to due process before any action like this is taken. Emergency condemnation should only occur if the... View More

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