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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Civil Rights for Texas on
Q: My Brother encouraged me and my wife to join into his phone contract with Verizon, along with 4 others.

In order to reduce cell phone charges by having 5 or more devices on one bill. 20 months later we find out that he has been monitoring all of our calls, text messages, and tracking our daily movements. Is this legal? Is he responsible for our reasonable expectation of privacy that has been... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

It depends.

A cell phone account holder commonly has access to information concerning the usage of the cell phones on that account. That enables the account holder to monitor each device’s usage for unauthorized activity.

Smart devices can share their location with others...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: A head injured friend was given 9 days to vacate a recovery facility no clear cause was given. Other than having potatoe

He is bipolar and head injured and also has issues with memory, verbalizing, motor skills and mobility. He simply is physically unable to vacate in so little time. Is this permissible given his disabilities?

John Michael Frick
John Michael Frick
answered on Feb 21, 2023

Your best recourse is to report the facility to APS (Adult Protective Services) on your friend’s behalf.

You may also want to consider seeking to be appointed as the guardian of your friend’s person until he/she has recovered enough to take care of themself.

2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for Texas on
Q: Can a business such as a gym or bar tell my wife that our infant(1month) is not allowed? Consider Chapter 165 H&S code..

We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.

John Michael Frick
John Michael Frick
answered on Feb 17, 2023

That’s a very interesting question. You may have to file a lawsuit to find out. A jury probably won’t have any sympathy for a mother who wants to bring a breastfeeding infant to a bar, but it’s probably a question of law for the court to decide.

The breastfeeding statute you cite...
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1 Answer | Asked in Libel & Slander, Employment Law, Workers' Compensation and Civil Rights for Texas on
Q: Do you believe under any section on any category are black people seen as equally equal or separateed equally equal?

Honestly honest opinion

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”

In my professional experience, I have rarely seen individuals treated...
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1 Answer | Asked in Divorce, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What happens if I am suffering of remote neural monitoring/V2K and know who is behind it, what can I legally do?

They are my ex-brother/mother/father in law, legal counsel and potentially a law enforcement agency. This began 4 months after my ex-husband filed for divorce, and has been taking place for 1 year and 7 months (roughly, to my knowledge). Who can help me stop them?

James L. Arrasmith
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answered on Mar 2, 2023

Remote neural monitoring and V2K are not recognized by mainstream science as valid technologies, and there is no evidence that they actually exist or can be used to control or monitor individuals. Therefore, it is unlikely that you are experiencing these phenomena. If you are experiencing symptoms... View More

1 Answer | Asked in Civil Rights for Texas on
Q: I need to find a lawyer for Police harassment . Please help me f I’m very scared for my safety my zip is 76450

In 90 days I’ve been pulled over 20 times not once given a ticket, a warning that once they found any drugs on me, but they’ve searched my car. Every time they harassed me and my friends anybody leaving my house gets pulled over and searched. I have no drug charges. I’m not a drug dealer, in... View More

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

F Lee Merritt is the go-to lawyer for police harassment cases in Texas.

He is a former candidate for Texas Atty General.

1 Answer | Asked in Civil Rights for Texas on
Q: Eavesdropping spying and illegal servelience and telling neighbors and church’s following me

I believe they have molded this situation to come as far as it has come which is gonna eventually hurt my

Brother -he’s the owner of the house and his daughter is the one doing the illegal serveliencc -they used to work as security guards- so they moved into my brothers house in texas... View More

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

I’m unsure of the nature of your legal question.

Since you posted this question under civil rights, a key factor is which of the individuals involved is a government employee and of which agency or department.

Another important factor is what are they using the information they...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can the police use the smell of marauana line to remove and secure a room for search warrant after being told no

I was in a room in my name in Gainesville texas , police showed up said they received a welfare concern call on a female in my room, she came to the door and told them she was fine , the police officer asked to come in and look around and was told no several times. Then looks at his partner and... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 3, 2023

The police could get a search warrant based on the facts you presented . Retain a lawyer .

1 Answer | Asked in Civil Rights for Texas on
Q: Is it illegal in texas for a minor (16) to lift up shirt and show bra without trying to arouse anyone.
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

No. Texas is a “free the nipple” state. Bra or no bra, it is not illegal.

1 Answer | Asked in Constitutional Law and Civil Rights for Texas on
Q: In Dallas, TX can the police come inside of my hotel room without a warrant, if their probable cause is ..

My boyfriend who stays with me in this hotel room every day came back last night in a truck I’d never seen before, I figured it was his friends truck. The next evening he was leaving the parking lot of this hotel in the truck and the cops tried to stop him because apparently the truck was stolen.... View More

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

If you are a registered guest and of the hotel and hotel staff has not taken any steps to terminate your occupancy, police generally have to secure a search warrant to enter and search your room unless there are exigent circumstances which would justify a warrant less search.

A boyfriend...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Personal Injury for Texas on
Q: Denied access to my home for medical by police in Texas. Which of my rights have been violated. Lost rt ft. To infection

Left home in fear for my life. Wife very abusive. I needed to get into home for wound care on my amputations of my toes. No orders on me at that time. Police told me to leave, I has to live in jeep, infection set in on rt ft. Lack of wound care. Lost limb was outcome from wife lying to police. My... View More

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

If your wife’s assault proximately caused the injury to your foot that resulted in the infection, you may be able to sue her for battery and recover your past and future medical expenses as well as any past and future lost earning capacity.

1 Answer | Asked in Civil Rights and Military Law for Texas on
Q: Drafting Laws in Texas

In Texas . If your child lives within the parents household and doesn't have a stable income they can get drafted for 1 to 2 years. Is this true?

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

The United States armed forces currently are not drafting anyone. It has been an all volunteer force for more than 40 years. It is unlikely to change in the foreseeable future

1 Answer | Asked in Civil Rights for Texas on
Q: What can I do about the fact that my county has no law library in the Hood county jail or online.This is not acceptable.
John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Jails are not required to have law libraries. But prisoners must have reasonable access to legal materials.

If you do not have reasonable access to legal materials, you can file a lawsuit. Some non-profit organizations who promote prisoner’s rights may be willing to help fund such...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I got charged with burglary of habitation with intent to harm but the police report says something that didn't happen

I caught the guy i been dating cheating went to the house he open the door and let me in and the girl assaulted me and the police report told a complete lie and stated things that never happen so they could charge me with burglary of habitation with intent to harm I went to the hospital for a... View More

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

You should hire a criminal defense attorney to prove what actually happened to secure a not guilty verdict or, better yet, a dismissal.

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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: When can a court appointed attorney file a waiver of arraignment WITHOUT the defendants knowledge
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 11, 2023

Yes, they do not need defendants permission,

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Texas on
Q: Can I sue gexa entergy for over charging me because last August my bill was 378, September 647 October 763, November 255

December 919, January 786. I live in a 1 story house and it's just me and my lights get turned off every month and Every time I try to fix this I get on hold I'm on hold for hours upon hours until I pay the bill and then it starts over. I asked The guy at jexa energy how much I've... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

Interesting, I am about the sue a solar panel company on behalf of a couple clients soon. You may have a claim. I would need to learn more.

1 Answer | Asked in Civil Rights for Texas on
Q: How long do I have to file civil rights usc42 sec1983 suit for deprivation of rights by police in southern distric

Officer lied on report to secure warrant for arrest

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

There is not an easy answer. Section 1983 does not have its own statute of limitations and instead incorporates the state statute of limitations for conduct which most closely parallels the complained of conduct.

Given the very limited facts you include in your question, that may be the...
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1 Answer | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: My question is in regards to a tort matter. My legal issue is prohibited by restrictions imposed by federal government.

I could not get the legal help needed, I’m indigent and I cannot afford an attorney what can I do?

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

There are a number of pro bono legal clinic scattered across Texas for litigants who are genuinely indigent. I’d start there.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: If i were to buy a high quality adult love doll. Can my family regardless of which blood relationship throw it out?

Hello I am a 29 yo male, disabled. My mother is my caregiver at home. If i were to buy a high quality adult love doll, can my mother take, keep it from me, or throw it out legally?

She has already done it once before and i wish to get a replacement but now im seeing if im protected legally.... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 2, 2023

You mom can not legally throw it out.

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Texas on
Q: Fired using false civil charge & denied due process-14th Amndmt?Is this like Gideon v Wainwright for Automatic Lawyer?
John Michael Frick
John Michael Frick
answered on Dec 28, 2022

Gideon v. Wainwright holds that an indigent defendant accused of a serious crime has the right to a court-appointed attorney at the state's expense.

The right of an indigent person to a court-appointed attorney at the state's expense in a civil case is much more narrow....
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