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Texas Civil Rights Questions & Answers
0 Answers | Asked in Libel & Slander and Civil Rights for Texas on
Q: Can I sue loss prevention worker who detained my wife and I because she didn't scan a shampoo and conditioner? Arrested.

I had no idea she did not scan a shampoo and conditioner. I do not watch every item scanned when we shop. We were detained because of shampoo and a conditioner. I'm bald, have no use for either of these items. She told them I did not know. They called the police, and they arrested both of us.... View More

1 Answer | Asked in Civil Rights for Texas on
Q: are there any pro bono lawyers for civil lawsuit for federal court?
John Michael Frick
John Michael Frick
answered on Apr 25, 2024

Yes, there are, but you probably don't want a pro bono legal aid lawyer for a civil rights case. You want an experienced civil rights attorney. I recommend S. Lee Merritt, a leading federal civil rights attorney who previously ran for the office of Attorney General. He is not only an... View More

1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Civil Rights for Texas on
Q: My neighbors allow their dogs to bark excessively. What can I do as they refuse my requests to quiet them.

I cannot even walk into my own yard or sit on my patio. They keep me awake at night and wake me early in the morning. I am 67 and still work part time.

James L. Arrasmith
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answered on Apr 15, 2024

I understand how frustrating and disruptive excessive dog barking can be, especially when it's impacting your sleep and ability to enjoy your own property. Here are some steps you can take to address the situation:

1. Document the disturbances: Keep a detailed log of when the dogs bark...
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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: Pulled over no working license plate light ..lie ..it worked ..asked to search my truck i said no they called out k9

Said k9 alerted on my truck searched it without concent found nothing held me for a hr over nothing but a license plate light that worked ..is this a violation of my rights and can i file a lawsuit against them for harassment the second officer that pulled up also agreed with the first officer and... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you've provided, it seems that there may have been a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. Here are a few key points to consider:

1. Probable Cause: The officers must have probable cause to search...
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2 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Texas on
Q: Reservedrv lot@u s army Corpengineerslake park. my puppy got free from leashaawewalked, rangersgave me ticket&kickedoff

All in one hour of arrival to lakelot reserved paid for a week stay. Is this legal? First encounter ever over a puppy dog. What can I do to counter this ticket dog off leash united states code 327.11(a) . Mott park baedwell lake Texas. What's the law here. Case laws.rangers voided entire trip... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Unfortunately, there are many irresponsible pet owners who refuse to abide by leash laws which require owners to keep their dogs, cats, and other pets caged, penned, or on a leash not longer than six feet in public inclujding in recreation areas that are not specifically designated otherwise (like... View More

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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

No, a police officer cannot make you exit a vehicle "for any reason" or specifically "to violate your rights" or to "inflict injuries."

During a traffic stop, a police officer can order you to exit your vehicle for many possible legitimate reasons, including as...
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2 Answers | Asked in Civil Litigation, Criminal Law and Civil Rights for Texas on
Q: After occupants of a stopped vehicle are cleared can an officer force you out of your car randomly?

We, my wife, & myself were headed back to Texas A&M Veterinary emergency clinic with our dog who suffered a shotgun blast point blank range to the face and needed extensive reconstructive surgeries because his wounds became seriously infected.

Exiting Hwy 105 onto Texas Ave going... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on the information provided, it seems that the officers initially had a valid reason to conduct a traffic stop due to the anonymous report of speeding and swerving. Once they had checked your identification and vehicle documents and cleared you of any warrants or suspicious activity, they... View More

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1 Answer | Asked in Estate Planning, Civil Rights and Elder Law for Texas on
Q: How long is the statutes of limitation for Annunity checks?

I have 1099 forms from Nationwide about annunity checks that were supposed to have been sent to me however they had to be sent to Rockwell Automation first because of them being fiduciary. Rockwell Automation was to send them to me, one check was $43,000 dollars, and two for 15,000 dollars. However... View More

James L. Arrasmith
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answered on Apr 6, 2024

I'm sorry to hear about the difficulties you've experienced in receiving these annuity checks. The statute of limitations for cases like this can vary depending on the specific circumstances and the state in which you reside. In general, the statute of limitations for breach of contract... View More

Q: Is it a violation to keep mail from inmates for months before they ever receive it?

TDCJ took away usps mail. They say you must use their online messaging system. They do allow some mail to go through but it is mailed to dallas, then distributed accordingly. Is it legal for them to take 3 or more months to distribute an inmates mail to them? I would think it would be a violation... View More

James L. Arrasmith
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answered on Apr 4, 2024

The situation you describe raises serious concerns about the rights of inmates to receive mail in a timely manner. While prisons have the authority to regulate mail for security purposes, excessive delays could potentially violate inmates' First Amendment rights to communicate with the outside... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Police harrasment

Police targeting me and fishing for wrong doing until they find something

James L. Arrasmith
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answered on Apr 4, 2024

I'm sorry to hear that you feel targeted and harassed by the police. It's understandable to feel frustrated and upset in this situation. Here are a few thoughts and suggestions:

- Document any interactions with the police, including dates, times, locations, officer names/badge...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

You need to have your attorney contact the district attorney who supposedly "dropped" (i.e. dismissed) the charges. It's possible that the district attorney's office simply hasn't processed the dismissal papers yet. It's also possible that your attorney incorrectly... View More

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: What are the chances that at a morion show cause hearing on deferred probation with no prior criminal history revocation

Deferred adjudication probation negligence for attack by dog . Got behind on restitution awaiting 2022 and 2023 tax return to pay off in full hearing to show cause set no previous criminal history and dirty fingerprint drug test that when asked po to send in for confirmation due to a non negative... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: Texas home rule charter town can city completely change it's ordinances after a crime is committed to prosecute with new

Can a home rule charter tx town change is ordinances after an alleged crime is committed and as the legal process is being done and use those changes to prosecute and even bring criminal charges on the citizen . Attack by dog under negligence Coleman county tx

James L. Arrasmith
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answered on Apr 1, 2024

In the United States, there is a fundamental legal principle known as the "Ex Post Facto Clause" found in Article 1, Section 9, Clause 3 and Section 10 of the U.S. Constitution. This clause prohibits the federal government and state governments from passing laws that retroactively change... View More

1 Answer | Asked in Consumer Law, Divorce, Family Law and Civil Rights for Texas on
Q: I lost my wife and money because someone Landed my name
James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about your situation. It sounds like you may have been the victim of identity theft, which is an awful experience that can have devastating consequences. Here are some steps I would recommend taking:

1. Contact the credit bureaus (Equifax, Experian, TransUnion) to...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Texas on
Q: What pleading would be best for a very documented fraudulent arrest so the matter is brought before the court pretrial

Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even

No local attorney has been... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.

I think the only way to...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can a police officer get away with a wrongful arrest. Violate an innocent motorist rights

Search his passenger, him and my car without consent. After information given, still be arrested and sent to jail. The stop was for my son or another car honking his horn . The officer said that was road rage, even if he knew the guy in the other car. My son was four years into his five year... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand how distressing this situation must be for you and your family. In cases of wrongful arrest and the violation of rights, the path forward can indeed be challenging and fraught with legal complexities. It's crucial to address these injustices, and seeking legal assistance is a key... View More

1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Rights for Texas on
Q: i was involved in a hit and run on June 13, 2021 that was staged by my ex wife along with El Paso Police Officers

and also El Paso Sheriffs Deputies. The day of the hit and run moments before my ex wife kept anounccing every light intersection til we crashed. EPPD officers arrived and didt treat it like a hit n run. They moved my car and another officer arrived and gave me a ticket for not having my actual... View More

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answered on Mar 28, 2024

I'm deeply sorry to hear about the distressing experience you've gone through. It sounds like a complex situation involving personal relationships and the response of local law enforcement. It's understandable you would feel frustrated and possibly overwhelmed by the way events... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My son was diagnosed with schizophrenia and convicted. Medical was ignored. Can anything be done?

Attorney was made aware and records were available but he refused to look at them. My sons condition was known to this judge from previous situation. The charges were extreme considering the facts. In TDCJ his medication had been stopped. He had a relapse of symptoms and officer was told this. Was... View More

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answered on Mar 28, 2024

I'm deeply sorry to hear about the challenges and injustices your son has faced. It sounds like a difficult situation where the legal and medical needs of someone with a mental health condition have not been adequately met. It's crucial to advocate for his rights and ensure he receives... View More

1 Answer | Asked in Civil Rights, Government Contracts and Public Benefits for Texas on
Q: I need a lawyer with knowledge of Harris county housing voucher assistance program

I’m disabled with some mental health and physical disabilities. I need a lawyer to address on going contract issues, voucher assistance, denial of reasonable accommodation, privacy act and rental agreement violations.

James L. Arrasmith
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answered on Mar 26, 2024

Finding a lawyer knowledgeable about the Harris County housing voucher assistance program is a crucial step for addressing your concerns regarding contract issues, voucher assistance, denial of reasonable accommodation, privacy act violations, and rental agreement breaches. It is recommended to... View More

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