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Texas Civil Rights Questions & Answers
0 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Will clerical errors in my arrest records affect case outcomes despite being closed?

I have multiple arrests from 2003 to 2017, including charges for possession of cocaine, forgery, family violence, driving with an invalid license, and DWI. The public records identify me incorrectly as a "Black" male, whereas I am a white male. There have been clerical errors where case... View More

0 Answers | Asked in Civil Rights, Medical Malpractice and Personal Injury for Texas on
Q: Brother ignored by officers despite paralysis claims, sister intervened for action. What recourse is available?

My brother was held in a facility for three days where officers ignored his repeated claims of being paralyzed. After an inmate contacted my sister about the situation, she called the facility, which then took action. I am concerned about the officers' inaction despite my brother's... View More

0 Answers | Asked in Civil Rights, Consumer Law, Libel & Slander and Personal Injury for Texas on
Q: How to handle a fabricated drug test result submitted to First Advantage by a company in Texas?

I applied to a company and chose not to pursue the opportunity due to their unprofessionalism and poor communication. Subsequently, the company fabricated a drug test result and submitted it to First Advantage without notifying me. I just discovered this today and haven’t taken any action yet. I... View More

1 Answer | Asked in Education Law, Immigration Law and Civil Rights for Texas on
Q: High school immigrant facing truancy court in Texas due to absences.

I am a high school student and an immigrant facing a court appearance for truancy due to too many school absences. I often feel nauseous in the mornings, which I suspect is anxiety-related, though I don't have medical documentation. The school previously required me to sign a document to... View More

James L. Arrasmith
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answered on Apr 18, 2025

Your situation regarding morning anxiety and absences is significant, and you should approach the truancy court proceedings with preparation and knowledge of your rights. Research indicates that anxiety is a recognized factor in school attendance problems, including both excused absences and... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Civil Litigation for Texas on
Q: Easement rights violation in Texas, seeking legal remedies.

I am an heir to a property involved in an easement rights violation in Pittsburg, Texas. Both homes with access rights to the easement belong to heirs of the original owners. Recently, one elderly relative residing in one of the homes has been blocking access to the other, causing stress. The... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2025

Your cousin can file a suit seeking an injunction against your elderly brother to enjoin him from interfering with the cousin's easement rights.

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1 Answer | Asked in Criminal Law, Civil Rights and Employment Law for Texas on
Q: Seeking legal advice on challenging parole officer claims in Texas related to CBD and drug test discrepancies.

My mother is experiencing issues with her parole officer in Coleman, Texas. Although her employer conducts regular drug tests, which she consistently passes with negative results, her parole officer has been failing her for drug tests, claiming she tests positive for cocaine, methamphetamine,... View More

James L. Arrasmith
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answered on Apr 11, 2025

What your mother is going through sounds incredibly frustrating and unfair, especially with documentation showing clean drug tests from her job. If her parole officer is claiming failed tests without clear evidence or explanation, you have every right to push back. The first step is to gather all... View More

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Family Law for Texas on
Q: Is it illegal for a stepdad to impersonate my daughter and interfere with communication?

I have a custody agreement that allows me to have contact with my daughter, who is 16 years old. However, her stepdad has been interfering by taking her phone for long periods and impersonating her during our communications. There has been ongoing manipulation and I've taken them to court... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, it is possible that the stepfather’s actions could be illegal, depending on the nature of the communication and how it interferes with your rights as a parent. Impersonating your daughter or preventing you from communicating with her could be considered a violation of your custody agreement,... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Employment Law and Personal Injury for Texas on
Q: Liability of school in teacher's grooming case in Texas

My daughter was groomed by her teacher at a private school, and the teacher is now facing several charges. I believe the school is partially liable because there have been past unresolved allegations against this teacher and another staff member about similar behavior. No steps were taken by the... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm so sorry to hear about what your daughter has gone through, and it's important that you take action to protect her and hold those responsible accountable. Given that there have been past allegations against this teacher and the school failed to act, you may have a case for negligence.... View More

Q: Can I sue a detective for rights violations and get a restraining order?

I believe a police detective in Michigan has been tracking my phone and movements for 16 years and has shared my personal information with others. His niece claims to have had my child from a one-night stand in 2009, and her intentions seem financially motivated. Recently, his niece texted my... View More

James L. Arrasmith
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answered on Apr 8, 2025

You can take legal action if your rights have been violated, but you’ll need strong evidence. To sue the detective or the state of Michigan, you must show proof of illegal surveillance, harassment, or misuse of personal information. This can include records, text messages, witness statements, or... View More

2 Answers | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Is a TX protective order void without personal jurisdiction?

I had an attorney who filed a special appearance in a Texas court, arguing that the court did not have personal jurisdiction over me. Despite this, the court issued a final protective order against me based on false allegations of sexual abuse. Is this protective order void due to the lack of... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No, the order is not void, but it is potentially voidable. If your attorney filed a special appearance, the question of personal jurisdiction was presented to the court. It then became incumbent on you through your attorney to set your special appearance for hearing and to secure a ruling from... View More

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1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: Can employer ask for clarification on FMLA-related absences aligned with telework request?

I requested to continue telework in excess of my employer's new telework policy as an accommodation for my disability and was denied. Previously, I worked 80% from home, while the policy initially allowed 50% telework, later changed to 60%. I requested to continue my previous schedule and... View More

James L. Arrasmith
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answered on Apr 8, 2025

Your employer is allowed to request clarification regarding your absence pattern, especially if it relates to your FMLA leave. FMLA regulations require employers to verify the validity of requests, and this may include clarifying how your condition impacts your ability to perform essential job... View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: How to find out who my girlfriend's friend's lawyer is in a criminal case?

I'm trying to find out who my girlfriend's friend's lawyer is, as he has been incarcerated for over 30 days without being informed. He is involved in a criminal case. Despite several attempts by different people, including calls to the jail, no one has been able to get this... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

The jail staff probably does not know who the friend's lawyer is. In most cases, only the friend would know because the friend is the person who hired the lawyer.

If the friend has not hired a lawyer, you need to ask the friend whether he completed a form proving that he is indigent...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Seeking legal help to sue a Michigan police officer for civil rights violations involving tracking and false paternity claims.

I am seeking legal assistance to pursue action against a police officer in Michigan who I believe has been violating my civil rights. For the past 16 years, the officer has allegedly tracked my movements and tapped my phone. This situation began in 2009 when the officer's niece claimed that I... View More

James L. Arrasmith
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answered on Apr 8, 2025

It sounds like you’ve been through a very difficult and complex situation. If you believe that your civil rights have been violated by a police officer, it's crucial to take action and seek legal guidance. In Michigan, police officers, like any government officials, are bound by... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Constitutional Law for Texas on
Q: Are Texas police liable for removing my belongings while homeless?

I am homeless and have been camping on the gradient boundary of a navigable stream in Texas for over four years without any prior issues with law enforcement. Recently, police officers informed me verbally that I could not camp there, but provided no formal written notice. They then removed my tent... View More

James L. Arrasmith
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answered on Apr 8, 2025

In Texas, police can remove belongings in certain situations, but there are strict guidelines regarding the treatment of homeless individuals and their property. Generally, police need to give proper notice before removing belongings, and there must be a legal basis for doing so. If you were not... View More

1 Answer | Asked in Civil Rights and Intellectual Property for Texas on
Q: I was arrested and taken into custody for supposedly bringing alcohol into a bar that no one working saw me have

Based on word of mouth I was arrested with no proof at the time of arrest and taken to jail where I was forced to strip completely naked and lay on cold flooor all night with no coverage, and they searched my belongings after I was in cell and stole my money and broke my purse.

James L. Arrasmith
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answered on Apr 7, 2025

What you’ve described sounds like a deeply troubling situation, and it’s understandable to feel confused and violated by what happened. If you believe you were arrested without proper cause and mistreated afterward, you might have grounds to take legal action. Law enforcement is required to... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can you be arrested based on an establishment's accusation without evidence?

At a pool hall/bar, I was accused of bringing in a small fireball container that was dropped on the floor and drank by someone else. The bouncer reported I brought it in, although no one saw me drink or hold it. Despite no evidence or security footage being reviewed, the police were called, and I... View More

James L. Arrasmith
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answered on Apr 7, 2025

In most situations, being arrested solely based on an accusation without evidence or corroborating information would be questionable. Law enforcement typically requires either direct evidence or reasonable suspicion that a crime has occurred. If there is no proof, like security footage or witness... View More

1 Answer | Asked in Civil Rights, Criminal Law and Constitutional Law for Texas on
Q: Custody mistreatment: naked, belongings searched, rights violated?

I was taken into custody for bringing alcohol into a bar in Texas, with no prior record. I was forced by a police officer to strip completely naked and stay in a holding cell all night without any clothing or blanket, and I was laid on a cold concrete floor. The next morning, a corrections officer... View More

James L. Arrasmith
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answered on Apr 7, 2025

The treatment you experienced in custody may indeed be a violation of your constitutional rights, especially concerning your dignity and personal privacy. Forcing someone to strip naked without a legitimate reason, and leaving them without clothing or a blanket, may violate protections against... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Law and Criminal Law for Texas on
Q: Falsely accused of violence by coworker after performance discussion; police involved. What legal steps can I take?

A coworker falsely accused me of physical contact and threats of violence after discussions about performance, which I and another coworker initiated. The coworker filed a report of violence and threats before calling the police a second time. When the police came, they took my statement and those... View More

James L. Arrasmith
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answered on Apr 7, 2025

First, it's important to document everything in detail. Write down what happened during both incidents, including any conversations or actions that could support your side of the story. Be sure to include the names of witnesses and what they saw. This will help you when discussing the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Can TDCJ parolees in halfway houses be denied law library and religious access?

I would like to know if individuals placed by the TDCJ Parole Division in transitional facilities, such as halfway houses, can be denied access to a law library and religious practices. The facility director supports these restrictions, but no reasons have been provided for the denial.

James L. Arrasmith
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answered on Apr 7, 2025

Parolees in transitional facilities, such as halfway houses, generally retain certain rights, including access to legal resources and religious practices. These rights stem from the constitutional protections under the First and Fourteenth Amendments, which safeguard the ability to practice... View More

2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Texas on
Q: Is it legal for police to T-bone my car and eject me during a chase, causing lasting injuries?

I was involved in a high-speed police chase in September 2023 that started in Trinity County, Texas. During the chase, my vehicle was T-boned by a police officer's vehicle at an intersection, causing my car to crash into oncoming traffic. I managed to maneuver back into the correct lane, but... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2025

There is an entire body of case law concerning civil liability for motor vehicle collisions occurring during a police chase. There is no question that you will be legally responsible in full or in part for your own injuries and damages. It is, however, possible that police could also be legally... View More

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