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Texas Civil Rights Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Wrongful Death for Texas on
Q: How can I get my son’s suicide case reopened? He was shot 5 times two times!
John Michael Frick
John Michael Frick
answered on Oct 7, 2024

You need to present some persuasive new evidence to the law enforcement agency who investigated his death.

1 Answer | Asked in Copyright and Civil Rights for Texas on
Q: I filed a case in us district court against a police officer. My complaint swore on the dash and body cam will show his
James L. Arrasmith
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answered on Oct 6, 2024

If you have already filed a case against a police officer in U.S. District Court and your complaint relies on dash and body cam footage, it's crucial to ensure this evidence is properly preserved and presented. The first step is to request the footage as part of the discovery process. You can... View More

2 Answers | Asked in Consumer Law, Criminal Law, Banking and Civil Rights for Texas on
Q: I asked a question recently about me the bank won't cash my paychecks and received an answer I have an issue with....

I tried to check cashing places I tried to prepaid cards you tried to put them into another account all came back As UNpaid now I have those places wanting their money back. This has become a big issue I haven't cashed a check in 7 weeks now I have went to that bank and talked to them and they... View More

John Michael Frick
John Michael Frick
answered on Oct 4, 2024

If a bank will not cash your employer's checks, you can sue your employer for the face amount of the checks that were dishonored, plus court costs and attorney fees. You should send a demand letter to your employer indicating that its payroll check has been dishonored by the bank.

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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: TEXAS: If a case is dismissed due to Brady Rule violations, is The State (county D.A.) or city P.D. required to keep..

(continued from above) ...on-file all evidence (bodycams, witness statements/police report, sworn accusation, etc) until the SECOND ANNIVERSARY AFTER DATE OF ARREST (or longer)? Basically...as a pro se defendant who won, as I take my time finding an ATTORNEY WHO CAN SUE THE CITY & D.A. IN... View More

James L. Arrasmith
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answered on Sep 27, 2024

In Texas, evidence retention laws vary depending on the type of case and the governing statutes. However, even if a case is dismissed due to Brady violations, the obligation to preserve evidence may still apply, especially if there is a potential civil case or ongoing legal dispute. The... View More

1 Answer | Asked in Civil Rights for Texas on
Q: I’m physically handicapped. If I tell HHS I’m “cognitively impaired “ could I have my freedom of choice taken away?
James L. Arrasmith
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answered on Sep 25, 2024

If you tell HHS that you are cognitively impaired, it could potentially lead to a situation where your ability to make certain decisions is evaluated. In some cases, authorities may assess whether you need assistance with decision-making to ensure your best interests are protected. However, this... View More

3 Answers | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: How do I get my one year old back after 3 months away from me?

I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home

John Cucci Jr.
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answered on Sep 22, 2024

If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Civil Rights for Texas on
Q: Can I sue hyundai for faulty work?

6/2022 hyundai replace my engine due to a recall. They charged me against my decline $1200 for a fuel pump and would not release my car until i paid. (I have evidence). They stated that everything was new & I had a warranty for 12 months. 15 months later, the engine and fuel pump are both out... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're facing a serious issue with your Hyundai after the engine replacement and fuel pump service. Since you paid for the parts and they assured you everything was new with a 12-month warranty, but now the engine and fuel pump have failed just 15 months later, you might have... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: If a police arrests you for conduct they incorrectly believe to be illegal, is that a lawful arrest?

Specifically, if you're talking to the person the police are arresting, that does *not* make you guilty of Interference with Public Duties. The statute says that it's "a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged... View More

James L. Arrasmith
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answered on Sep 20, 2024

If the police arrest you for conduct they mistakenly believe is illegal, the key question is whether they had *probable cause*. Probable cause means the officer must have a reasonable belief, based on the facts, that a crime has been or is being committed. If your conduct only involved speech, and... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can a city cop use use bolt to stab into my door seal and rip my door open my door without a Warren outside city limits
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answered on Sep 16, 2024

If a city police officer attempts to use a tool like a bolt to stab into your door seal and force it open without a warrant, especially outside city limits, this could be a violation of your rights. Generally, law enforcement officers need a warrant to enter your home or vehicle, unless there are... View More

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: What if our OAK FOREST Home Assoc is taking no action on neighbor parking over 25ft lL to 40ft fifth wheel in driveway?

OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More

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1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: went on disability for an injury, and now have to wear a brace and employer will not let me return to work with brace

employer asked me have doctor send over restrictions, employer asked me to modify restrictions to meet their requirements, which I did, and then said I still cant wear my brace that I have to wear.

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you are facing a challenging situation with your employer regarding your return to work. If you have a documented medical need to wear the brace and your doctor has provided restrictions, your employer is generally required to make reasonable accommodations for you under the... View More

1 Answer | Asked in Civil Rights for Texas on
Q: I just asked a question on texas acs and im sorry but asking me what i & everyone who lives on my property identify as

and everyones mental status and our opinion as to wether or not this person could work if they were offered a job last week or anything about a military career if they have one or how many minutes it took them to get home from work last week or how much their mortgage is and how we heat and cool... View More

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you’re feeling frustrated and overwhelmed by the amount of personal information the Texas ACS (American Community Survey) is asking for. It’s completely understandable to feel uncomfortable sharing details about your identity, household members, mental health, work commute,... View More

2 Answers | Asked in Civil Rights and Federal Crimes for Texas on
Q: I live in texas & got an acs letter from census what r my rights not to b forced to answer personal intrusive questions?
John Michael Frick
John Michael Frick
answered on Sep 10, 2024

18 U.S.C. sec 3571 and 3559 require you to answer all questions. Fortunately, the ACS does not ask personal intrusive questions. It's pretty much demographics, questions about housing, education, health insurance. Run-of-the-mill stuff.

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1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Domestic Violence for Texas on
Q: Hello I was accuse of felony 3 , and I am innocent the Harry's County I want to do a public trial because

They have done so much injustice in my case

18692040 Harry's county district

James L. Arrasmith
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answered on Sep 11, 2024

It's understandable that you're feeling frustrated and wronged by the accusations against you in Harris County. Being accused of a felony, especially when you believe you are innocent, is a serious matter and can be overwhelming. You have the right to a fair and public trial, and pursuing... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: What happened to the constitution? The 1st amendment? Counterman V Colorado.

subsection of electronic communication under stalking for alleged email to my doctor whom I wanted to sue, xx "The Diddler" wants 8 years TDC and is set for trial. Protected Speech. Did not meet standard of "fighting words" nor were there any threats. Doctor lied to the... View More

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answered on Sep 7, 2024

It sounds like you are dealing with a very complex legal situation involving accusations of electronic stalking and a potential violation of your First Amendment rights. You believe the email in question should be protected speech under the Constitution, especially since it does not meet the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: My public defender not using a pre writ a habeas corpus, based on facially unconstitutional of statute. Counterman V COL

subsection of electronic communication under stalking for alleged email to my doctor, DA wants 8 years TDC and is set for trial. Protected Speech. Did not meet standard of "fighting words" nor were there any threats. Doctor lied to the detective. And the detective never questioned me... View More

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answered on Sep 7, 2024

It sounds like you are facing a serious situation with significant legal implications. If you believe that your public defender is not adequately representing you or is not using all possible legal strategies, such as filing a pre-writ of habeas corpus to challenge the constitutionality of the... View More

3 Answers | Asked in Divorce and Civil Rights for Texas on
Q: my soon to be ex hus somehow has gained access without consent to private info in my personal cell. Is this illegal?
John Cucci Jr.
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answered on Sep 5, 2024

Hard to say if your Ex Husband's possession of your private info is illegal. The following questions would have to be answered first:

1. How did he get the Info?

2. What is the nature of the info?

3. Is he publishing the info? If so, to whom?

4. Can you show...
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1 Answer | Asked in Civil Rights for Texas on
Q: Is this freedom of speech? Driver in unmarked vehicle never identifies himself. I post photos from cams and he was a

Uber driver. He was lost supposedly. He pulled in behind my daughter, our driveway is 500 feet long. He was in unmarked vehicle, our cameras clearly showed his face and license plate. He had his windows down the whole time. My daughter 17 year old was scared and called me from the driveway. I went... View More

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answered on Sep 7, 2024

It sounds like you’re feeling overwhelmed and upset by what happened. Posting about the incident on Facebook and showing the police the intimidating messages from the driver’s friends is a reasonable step to take, especially when you’re trying to protect your daughter and raise awareness... View More

1 Answer | Asked in Car Accidents, Civil Rights and Personal Injury for Texas on
Q: I was parked and hit by a car in a police chase. Can I sue the police department?

Police were chasing a stolen truck. Parked on the side of the road with my hazards on, typing in an order for work. The road was very wide for a two lane road. Hear a screeching, look in my rear view mirror and quickly brace for impact. Cut the story short, guy stole a truck out of parking lot near... View More

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answered on Aug 31, 2024

In situations like yours, it's understandable to feel frustrated and overwhelmed. When police are involved in a chase that results in damage to your vehicle, determining liability can be complicated. Generally, police departments have some level of immunity from lawsuits related to their... View More

2 Answers | Asked in Traffic Tickets and Civil Rights for Texas on
Q: Can I sue for racial profiling against the cops? I Got pulled over for running a red light which I didn't. I have proof

then immediately demanded me out of the car and then threatened to break my window and go to jail multiple times. I asked him for what reason he needed me to step out of the car, he said it was because I ran a red light and I did not immediately stop when he lit me up. told him that's not true... View More

John Michael Frick
John Michael Frick
answered on Aug 26, 2024

Theoretically.

You will need evidence that the real reason you were pulled over is your race.

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