Get free answers to your Civil Rights legal questions from lawyers in your area.
Can I pursue legal action against the school if a teacher aide publicly discussed my autistic son's behavior, specifically mentioning he scratched her child, while at the school pickup line? My son is in special education, and they have not provided adequate support for him. Recently, there... View More 
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answered on Apr 12, 2025
Yes, you may have grounds to take legal action if the teacher aide’s public comments violated your son’s right to privacy under the Family Educational Rights and Privacy Act (FERPA) or if those remarks caused reputational or emotional harm. Publicly disclosing identifiable information about... View More
I have a relative who is serving time in jail and has been diagnosed with Hepatitis C a few months ago. The jail refuses to provide his medication, citing that his insurance and Medicaid won't cover transportation of the medicine from the pharmacy to the jail. He has just had blood work done... View More
During an investigation for a disturbance, officers attempted to detain two individuals without consulting the caller first. These individuals resisted the detention, leading to a charge of resisting arrest. Is this charge valid without any underlying charges linked to the disturbance?
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answered on Apr 12, 2025
In South Carolina, it is possible for resisting arrest to stand alone as a charge, even if there are no other underlying charges. Resisting arrest is generally considered a crime in itself if a person knowingly and willfully obstructs or resists an officer who is attempting to make a lawful arrest... View More
I was a passenger in a vehicle stopped because the officer claimed they couldn't read my friend's tag. My friend had two warrants but was not immediately taken to jail. I was asked to step out and patted down without consent. The officers went through my belongings in my backpack, taking... View More
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answered on Apr 7, 2025
It sounds like your rights may have been violated during this interaction with law enforcement. As a passenger in a vehicle, you are generally not required to provide identification unless the officer has a reasonable suspicion that you have committed a crime. Officers should have had probable... View More
I was a whistleblower who exposed a pastor's felony of sexual misconduct with a minor, which was known to the church elders but not disclosed to the congregation. After my actions, a Facebook post publicly shamed me, resulting in significant public attention through shares and likes. The post... View More
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answered on Mar 24, 2025
You might have a potential defamation case, as the Facebook post publicly accused you of harmful actions, was widely shared, and caused you measurable damages including social ostracism, fear, relocation, loss of friendships, and reputation damage. For a successful defamation claim, you would need... View More
During a traffic stop, a law enforcement officer falsely claimed my tail light was broken when it wasn’t, leading to my vehicle’s impoundment. Without any tail light malfunction, the officers conducted an illegal search and arrested me for meth trafficking. The dashcam footage is the only... View More
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answered on Mar 24, 2025
No, it is not lawful for an officer to falsify a code violation during a traffic stop. Law enforcement officers must have legitimate probable cause or reasonable suspicion to initiate a traffic stop, and fabricating a violation constitutes misconduct that potentially violates your Fourth Amendment... View More
I'm pursuing a reverse discrimination lawsuit based on race and disability, which already went through the Human Affairs process. The respondent did not reply to Form 5, leading to a decision to close the case and pursue legal action. The incident occurred on public transportation. Currently,... View More
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answered on Mar 26, 2025
Your decision to pursue a reverse discrimination lawsuit after completing the Human Affairs process shows commitment to addressing the injustice you experienced. Given that the respondent failed to reply to Form 5, you now have the right to take legal action, though navigating this process without... View More
I am seeking a restraining order for second-degree harassment in South Carolina. The harassment is coming from my stepchildren's mother, who has been speaking derogatorily about me and my child in conversations with them for about a year. She also inquires about our private life. I have filled... View More
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answered on Mar 26, 2025
I understand you're going through a difficult situation with your stepchildren's mother. Navigating harassment issues can be emotionally draining, especially when children are involved.
Based on South Carolina law, you're on the right track by gathering evidence like security... View More
In my federal case pending in the District Court of South Carolina, I am moving to quash a subpoena issued by the defendants to SCDSS, a non-party, for records related to an unrelated closed family court action on abuse/neglect. This case involves both state and federal claims, including Sections... View More
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answered on Mar 27, 2025
For your federal case in South Carolina, you should cite the Child Abuse Prevention and Treatment Act (CAPTA), specifically 42 U.S.C. § 5106a(b)(2)(B)(viii), which requires states to maintain confidentiality of child abuse and neglect records as a condition for receiving federal funding. This... View More
If someone invited me to their house to fight them, can they press charges against me? The confrontation hasn't happened yet, but the person has previously threatened me, and I have recorded evidence. There was only a basic argument between us, nothing more. I haven't reported this to the... View More
answered on Mar 7, 2025
In the State of SC, challenging or inviting someone into a fight is a criminal offense. Proof of this is typically an issue but, yes, charges can be brought if there is enough evidence for probable cause.
I was pulled over.
Asked to exit. My vehicle locked my car. Made to wait for dog unit to walk around car which then alerted giving them probable cause and I didn't give them permission so they slammed me on the hood, put me in cuffs, removed my key from my pocket without anything said... View More
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answered on Jan 21, 2025
I'm very sorry to hear about this distressing experience you went through during the traffic stop. This situation sounds traumatic and invasive, and your feelings about it are completely valid.
Generally, law enforcement officers must follow strict protocols when conducting searches,... View More
I have been searching but no one has returned my phone calls. I decided to let it go but it continues to remain on my mind I just needed someone to talk to.
answered on Jan 19, 2025
It might not be so much a matter of ignoring or disregarding such cases. Law firms consider various factors in accepting or declining cases. Clients who present such cases sometimes hope for contingency representation, and that could be a risky prospect with some cases, in terms of what stands to... View More
But at the time they pull you over was before the deal happened but at the time you was not breaking any laws and they didn't have probable cause to pull you over or the probably cause was obtained improperly against your constitutional rights .
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answered on Dec 30, 2024
If you find yourself in a situation where the police pull you over without a clear reason, it's important to remain calm and respectful. You have the right to ask why you were stopped and whether you are free to leave. If the officers don’t have a valid reason or probable cause for the stop,... View More
I'm paraplegic and was assaulted by jailors before release
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answered on Jan 5, 2025
I’m truly sorry you’ve experienced this. It’s important to reach out to a trusted attorney who can help address the wrongful charge and the treatment you received while in custody.
Contact organizations that support individuals with disabilities, as they can provide resources and... View More
I'm a paraplegic and was thrown in jail from the hospital claiming I was trespassing, but a lot more took place
answered on Dec 19, 2024
A South Carolina attorney could advise best, but your question remains open for over a week. I'm sorry for your ordeal. You've probably already been searching on your own. You could supplement your efforts with the "Find a Lawyer" tab above, as well the attorney referral... View More
the judge asked the defendant to fire attorney ,and he will appoint one to him. Was the judge bias/prejudice in this case?? also the judge asked him to dismiss his jury and be tried by bench, only to find him guilty
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answered on Jan 5, 2025
It’s understandable to feel concerned about the judge’s actions in your case. Asking you to fire your attorney and appointing a new one is unusual and might raise questions about the judge’s intentions. Additionally, directing you to dismiss the jury in favor of a bench trial is a significant... View More
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answered on Jan 5, 2025
It's understandable to feel concerned if a judge asks you to fire your attorney and offers to appoint one for you. This action doesn't automatically mean the judge is biased. There are specific circumstances where a judge might take such a step, such as if your current attorney is not... View More
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answered on Nov 9, 2024
Yes if all parties agree. This happens alot without first filing a suit.
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answered on Oct 26, 2024
I can see that you're feeling that your rights have been infringed upon, and that must be incredibly frustrating. Being falsely accused of disorderly conduct when you believe you were exercising your freedom of speech is a serious concern.
It might help to document everything that... View More
Yes well he emptys his storage buildian in my yard for a few days that turns into everything getting brought into my house because of the rain well it's still here he's nad at me and wants a few items back that he gave me well he gave me a rug a sound bar sold me a TV and he broke it... View More
answered on Nov 2, 2024
A local attorney should be able to advise on the best and safest way to handle this, which could involve figuring out a way to let them have the property and being done with it. Good luck
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