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Texas Civil Rights Questions & Answers
1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Texas on
Q: An adult student receiving special education services arrested at school. Why would Education Code 37.004 not be used?

After the statue has passed. Is this still considered a federal civil rights law. That has a statue of seven.

James L. Arrasmith
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answered on Jul 21, 2024

If an adult student receiving special education services was arrested at school, Education Code 37.004 might not be applied if the situation doesn't involve disciplinary actions that typically trigger its use. This code is generally related to the removal of students with disabilities for... View More

1 Answer | Asked in Civil Rights and Education Law for Texas on
Q: Who can help when the statue for a 37.004 has passed.

I read that it is a civil rights federal violation. Is federal seven years?

James L. Arrasmith
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answered on Jul 28, 2024

When the statute of limitations for a 37.004 violation has passed, it can be challenging to pursue legal action. However, there are still steps you can take. Start by gathering all related documents and evidence to have a clear understanding of your case.

Next, consider reaching out to...
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2 Answers | Asked in Personal Injury, Arbitration / Mediation Law and Civil Rights for Texas on
Q: My wife and I were attacked and it broke her neck broke my ribs and we were wrongfully in prison can you help us
Gary K. Burger Jr
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answered on Jul 22, 2024

I believe to answer this question fully and accurately, your lawyer would need more details. I'm taking your question to mean that civilians assaulted and restrained you and your wife. That sounds horrifying and I'm sorry you had to experience that.

There are a few things you...
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1 Answer | Asked in Civil Rights for Texas on
Q: I Am Castillo am permanently blind now from my left eye they toke 30days to take me to an i eye doctor where he test me

And said that I had to take a very hard blow to my eye with with excessive force and said because they took 30 days to take me in he could not help me no longer I forever will be blind from my left eye they recorded everything I was not being hostile or was not being any danger to no one when they... View More

James L. Arrasmith
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answered on Jul 28, 2024

I'm really sorry to hear about your situation. It's incredibly challenging to endure something like this, especially when it involves your health and rights. It's important to gather all relevant medical records, reports, and any other evidence that supports your claim of how the... View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If someone is under investigation how long can they be held in jail?

My brother is in jail on a drug charge the DA isn't accepting any pleas due to him being part of an ongoing investigation, how long can they prevent him from finishing up the charges he is being held in jail for? They keep resetting him rather than offering him anything and letting him sign... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

At any time, even without a plea bargain in place, your brother can enter a plea of guilty and ask to be sentenced by the court. This is called an "open plea." The judge will then determine his punishment within the range of punishment for the offense and he will receive credit for the... View More

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2 Answers | Asked in Family Law, Domestic Violence, Civil Litigation and Civil Rights for Texas on
Q: What can I do to protect myself, my pets and my belongings from an angry vindictive boyfriend that I live with?

I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.

Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: 3 felony charges of stalking over an email, who can help?
James L. Arrasmith
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answered on Jul 27, 2024

Dealing with felony charges of stalking over an email can be overwhelming. The first step is to find a criminal defense attorney who has experience with stalking cases. They can help you understand the charges, your rights, and the possible defenses you might have.

You should gather any...
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Q: I just got a right to sue from EEOC, how do I find a good christian attorney?
John Michael Frick
John Michael Frick
answered on Jul 1, 2024

Careful and thorough research for attorneys who practice in that area of law in or near the county where you were employed.

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Texas on
Q: Can a non violent convicted felon have their Second Amendment rights restored, after the 9th circuit ruling?
James L. Arrasmith
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answered on Jul 21, 2024

Yes, it's possible for a non-violent convicted felon to have their Second Amendment rights restored after the recent 9th Circuit ruling. This ruling could pave the way for many non-violent felons to seek restoration of their gun ownership rights. The court recognized that not all felonies... View More

1 Answer | Asked in Civil Rights for Texas on
Q: It s about housing my quest can housing deny me housing since I was enrolled in the 1990’s

Lady who takes care of voucher keeps denying me housing

James L. Arrasmith
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answered on Jun 26, 2024

To respond accurately to your question, I'll need some clarification:

1. When you mention being "enrolled in the 1990's", are you referring to being enrolled in a housing assistance program or voucher program?

2. Is the lady you're referring to a housing...
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1 Answer | Asked in Civil Rights for Texas on
Q: I have been on a housing list since the nineties I have had problems with a worker who gives out vouchers

She keeps denying me since 2013 until 2014 she told me I had one 2013 I was in the area,another in2017 but she did not tell me until 2022 I was calling her in 2017 she never mentioned the voucher I called several times 2013 to2024

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're facing a frustrating situation with the housing voucher process. To address your concerns effectively, I'd suggest taking the following steps:

1. Document everything: Create a timeline of all your interactions, including dates you called, emails sent, and any...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have a friend who did not show up to court and now the Sheriff's Department is looking for him.

They came to my hotel and started asking questions about me (license plate number, room number, etc.) and suggested the hotel evict me...which they did. I am not under investigation by this department and they came here solely looking for my friend and, for some reason, thought he was with me. I am... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

When a deputy sheriff is looking for a fugitive, he/she absolutely can talk to people who may know the fugitive and ask questions. You have no obligation to answer them. Your recourse is to decline to answer the questions.

While they can suggest to a hotel that it evict you, they cannot...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Received non compete letter but it was blank. Only signed by owner and not me. Dated 2018 but I was hired in 2017
James L. Arrasmith
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answered on Jun 21, 2024

This is an interesting situation involving a non-compete agreement. Let's break down the key issues:

1. Blank non-compete letter: The fact that the letter was blank is highly unusual. A non-compete agreement typically contains specific terms and conditions.

2. Only signed by...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: How can I request a motion to amend Community Supervision for ADA accommodations requests if I can't afford a lawyer?

I have been placed on community supervision, but am having issues with meeting conditions due to mental and physical disabilities. My community supervision officer hasn't she taken into account my disabilities, amongst other barriers I am struggling with. No accommodations nor a plan to make... View More

James L. Arrasmith
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answered on Jun 21, 2024

To request accommodations for your disabilities while on community supervision in Texas without a lawyer, you can take the following steps:

1. Document your disabilities:

- Gather medical records and documentation of your mental and physical disabilities.

- If possible, get...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

John Cucci Jr.
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answered on Jun 8, 2024

Sounds terrible.

All of the issues are part of Administrative process. The inmate has the right to have all of the paperwork and Notice of all the alleged violations by the inmate. You need to get all of those documents and comb through them to see if there really are violations, and...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Q: Hello, I live in Texas and also have a disability and was fired after my employer yelled at me and told me to “do my job

I then responded accordingly as to defend myself from the disrespect. That is what led into me being fired a few weeks later. Basically because of my response instead of the employer yelling at me and telling me to do my job. I have reached out to HR several times but I have not gotten a response.... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. Given that you live in Texas and have a disability, you might have legal recourse if you believe your termination was unjust or related to your disability. It's important to document all interactions with your employer and HR, including the incident... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for Texas on
Q: Can DCHHS EHAP (Emergency Housing Assistance Program) be sued? I was denied recertification of my previous rental assist

My caseworker denied the recertification case AFTER SHE advised me to file. I have documentation of fraud, lies and misconduct by EHAP caseworkers so I contacted EHAP director, who agreed with caseworker’s denial until I showed documentation of grave misconduct on the part of several... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some key points to consider:

1. Legal action: Generally, government agencies can be sued, but there are often specific procedures and limitations for doing so. The ability to sue DCHHS EHAP would depend on various factors, including the...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can apartment complexes with gate access only have one way to open gates?

I live in a gated apartment complex in Austin, TX. When I moved in access to the gate was controlled by NFC cards given to each resident. Since then they have 'upgraded' all resident front door locks to smart locks, and has switched to using Chirp app for gate access. I have asked and... View More

James L. Arrasmith
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answered on Jun 3, 2024

Apartment complexes can implement specific methods for gate access, but they must ensure that all residents have reasonable means to enter the property. If the app-based system is unreliable and causing issues for multiple residents, the management should address these concerns and provide an... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Went to jail on GJI that was dismissed. still in jail, bondsman went off bond before charge dismissed judge raise bond

Amount, can I get bonds reduced back down

James L. Arrasmith
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answered on Jun 3, 2024

If the grand jury indictment was dismissed but you are still in jail, you may have grounds to request a bond reduction. Since the bondsman withdrew before the charge was dismissed and the judge raised your bond, you should discuss your situation with your attorney. They can file a motion to have... View More

1 Answer | Asked in Sexual Harassment and Civil Rights for Texas on
Q: (Texas) Recently I saw a man take a picture of a woman's covered buttocks in a public grocery store Is this a crime?

I live in Texas this happened in a grocery store self checkout line with cameras everywhere. what would he be charged with?

John Michael Frick
John Michael Frick
answered on May 20, 2024

He would probably not be charged with anything unless he took the picture inside a restroom or other private place. Generally speaking, anyone can take a photograph or video of anyone else in a public place where there is no expectation of privacy, like a grocery store aisle.

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