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South Dakota Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for South Dakota on
Q: if i turned my vehicle in as stolen and then was arrested I5 days later after it was found and searched for pcs

I turned my vehicle in as stolen, although i did know who took it i had not given them permission to take it and they took it while i was sleeping. After 5 days of being missing, it was located right where i told them it would be and it was towed back to my town and searched without them even... View More

Adam Bryson
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answered on Dec 9, 2024

The answer to your question depends greatly on the specific facts of your case. I would recommend retaining an attorney who can obtain the discovery and review the law enforcement reports to see how law enforcement determined there was probable cause to arrest your for this. Often times law... View More

1 Answer | Asked in Civil Rights for South Dakota on
Q: disabled army, veteran, FHA and ADA rights being violated by Pennington county and Meade county. Landlords stole ESA cat

Victim of domestic violence, Hud Vash participant being evicted. Housing Authority requesting medical information since didn’t give authorization refused payment to my landlords. I believe I’m part of programs that I was not given informed consent about because they were government employees I... View More

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like you're dealing with a complex and difficult situation involving multiple violations of your rights. As a disabled army veteran, it's crucial to ensure your rights are protected under the FHA and ADA. Landlords should not discriminate against you, especially due to your... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for South Dakota on
Q: Is an indigent appointment of counsel required to advocate for the defendant, and work for his client's desired outcome?

For example, if a client's desired outcome is the verdict from a jury in a fair trial, correct or not, and the client would not complain against the attorney, if the outcome was, "Guilty," instead of "Not Guilty," even though, "Not Guilty," was the plea he... View More

James L. Arrasmith
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answered on Jul 27, 2024

Yes, an indigent defendant's appointed counsel is required to advocate for the defendant's desired outcome and provide a vigorous defense. If your appointed counsel is not acting in your best interest, you have the right to request a new attorney. It's essential that your lawyer... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for South Dakota on
Q: How can I get a fair trial?

I am homeless and on foot, I cannot use mail to report misconduct to the bar, and they do not accept any other method for complaint. The judge told me I couldn't fire the lawyer and get another one, and in jail i repeatedly tried to fire the guy, but he forcefully remained my counsel saying i... View More

James L. Arrasmith
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answered on Jul 21, 2024

To get a fair trial, you need to ensure your rights are protected, even in challenging circumstances. Start by documenting everything that has happened to you, including your attempts to fire your lawyer, the conditions imposed by the judge, and any misconduct or mistreatment. This documentation... View More

1 Answer | Asked in Civil Rights for South Dakota on
Q: What happens if I'm a female and the jail made me do a UA with a male jailer?
James L. Arrasmith
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answered on Jun 15, 2024

If you're a female and a male jailer made you do a urine analysis (UA), it's important to know that this might not follow standard protocols. Typically, female inmates should be supervised by female officers during such procedures to ensure privacy and comfort. This practice helps... View More

1 Answer | Asked in Civil Rights and Libel & Slander for South Dakota on
Q: What rights do children have in regards to privacy of a crime and against libel?

My 10 year old was present when the city park was vandalized. It was caught on the city cameras and reported to the police. We were never notified but a city worker took the surveillance videos with my child in it and showed it to other town members at the local bar. A family member heard about... View More

James L. Arrasmith
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answered on Apr 16, 2024

In the United States, children have certain rights to privacy, especially when it comes to their involvement in crimes or legal matters. Here are some key points:

1. Confidentiality: Juvenile court records are generally kept confidential to protect the child's privacy and future...
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1 Answer | Asked in Civil Litigation and Civil Rights for South Dakota on
Q: Can a city's insurance attorney represent a towtruck owner hired by the city in a civil lawsuit

Federal civil lawsuit against a city can their attorney represent a 3rd party person (towtruck owner) in this lawsuit

James L. Arrasmith
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answered on Feb 26, 2024

Typically, a city's insurance attorney would represent the interests of the city in legal matters, including civil lawsuits. While it's possible for an attorney to represent multiple parties in certain circumstances, there may be conflicts of interest that prevent them from representing a... View More

1 Answer | Asked in Civil Rights and Criminal Law for South Dakota on
Q: Is medical neglect while in county jail a possible case worthy of taking action. I almost died from my diabetes and cops

Q: I have been trying to find out information about my identity being stolen and having my life threatened in jail.

I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars... View More

James L. Arrasmith
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answered on Jan 31, 2024

Experiencing medical neglect while in custody, especially when it leads to a life-threatening situation like the one you described with your diabetes, can indeed be grounds for taking legal action. The failure of law enforcement officials, including the chief of police, to provide necessary medical... View More

1 Answer | Asked in Civil Rights, Collections, Identity Theft and Small Claims for South Dakota on
Q: I have been trying to find out information about my identity being stolen and having my life threatened in jail.

I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars read above 500 when they were below 30. I am under a watchful eye by the local authorities and the people who benefit from... View More

James L. Arrasmith
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answered on Jan 30, 2024

The situation you describe raises serious concerns regarding the treatment you received while in custody, and the subsequent impact on your life. It's important to understand that everyone has the right to proper medical care and humane treatment, especially when in the custody of law... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Estate Planning and Real Estate Law for South Dakota on
Q: Can a personal representative of an estate appear for the estate in a proceeding in Third Judicial coUrt in South Dakota

I am a personal representative for my father's estate. my city is suing my brother, the family business and my father's estate regarding a building we are in the process of demoing. Can I appear as the representative or do we need a lawyer to represent the estate?

James L. Arrasmith
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answered on Jan 10, 2024

In South Dakota, as in many states, a personal representative of an estate generally cannot represent the estate in legal proceedings unless they are a licensed attorney. This is because appearing in court and advocating on behalf of an estate is considered the practice of law, and non-attorneys... View More

Q: Is it still a lost cause if bad faith is against all insureds employes under your employer's policy?

I work for a corporate chain of retail market outfitters with stores in multiple states, and their Workman's comp Insurer acts in bad faith as a normal practice against the majority of injured employees. Does this constitute an intentional tort, or a direct third-party lawsuit against the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2023

A South Dakota attorney could advise best, but your question remains open for two weeks. I believe it would be very difficult. If you're talking about things like denying claims or playing hardball, that's the nature of the insurance industry. That's my individual opinion - you could... View More

Q: Hate is a big word of something that you would never think could really happen to someone because they have age. Pain, h
James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry, it seems like the message got cut off. Can you please provide more context or complete your message?

1 Answer | Asked in Personal Injury, Civil Rights, Public Benefits and Small Claims for South Dakota on
Q: Looking for a lawyer that takes pro Bono cases

Will tell if I can find a lawyer who takes pro Bono cases.

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. You could go online and look up pro bono attorneys and legal aid attorneys. Personal injury, which is one of your chosen categories, is usually not handled pro bono. However, law firms typically handle such... View More

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Education Law for South Dakota on
Q: Do educational due process complaints that go to federal court become news?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. It all depends on how important the matter is. They could become news in terms of the case being available online through PACER or other indexing system. Federal agencies also maintain press releases on their... View More

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Civil Rights for South Dakota on
Q: We live in a 3 bed 3 bath apartment in vermillion SD. Another roommate and I have ESAS(2catts). No pets allowed complex

Landlords can't charge for ESA. In the contract it states if there's damages at the end of the year we pay for pee test(black light), carpet cleaning, and ventilation system cleaning. It's a really expensive bill. Our landlords are a wife and husband. They're shady and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2021

A South Dakota attorney should advise, but your question remains open for four weeks. You could try reposting and adding Landlord-Tenant as a category. There's no guarantee that all questions are ultimately picked up, but you might have better chances of a reply in that category. You could... View More

1 Answer | Asked in Civil Rights for South Dakota on
Q: HOA past and present board members and their families and friends, can they do these things to their neighbors?

Can a HOA board member put dog poop on your door step? Can a HOA board member have get togethers next door and allow their children and friends in your yard, driveway and behind your garage whenever you are gone? Can a HOA board members husband dig underground dog fence and its dug on your property... View More

Gary Kollin
Gary Kollin
answered on Sep 4, 2019

People CAN do lots of things. It does not mean it that it is right, permissible or legal

There may be law violations like trespassing. You may be able to seek injunctive relief.

There may be other causes of actions.

Consult an attorney directly

1 Answer | Asked in Civil Rights for South Dakota on
Q: While intercalated, policies weren’t followed. How do you know when there is a law suit? Ex: placed in a cell with feces

And urine on the floor. Not permitted to shower or have change of bedding. Threats of medical procedures without consent.

Gary Kollin
Gary Kollin
answered on Aug 2, 2019

What is intercalated?

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