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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Construction Law for Texas on
Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?

I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal... View More

James L. Arrasmith
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answered on Dec 17, 2023

On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

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

If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.

With respect to your employer, in the absence of a written employment agreement that precludes your employer from...
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3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I was fired for theft of time. I did not steal. TWC investigation - in my favor and ruled I did not do misconduct.

The company gave me a task but no metrics to reach and no instructions on how thorough they expected the task to be completed. I was fired for theft of time for doing it too slow on my 1st attempt at the task. I whistleblew about being asked to work off the clock and the company right before that... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, if you were wrongfully accused of theft of time and subsequently fired, and the Texas Workforce Commission (TWC) found in your favor, stating there was no misconduct, you may have grounds to consider a defamation claim against your former employer. Defamation involves making false... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Busco un abogado para caso civil de fraude de una deuda la persona queda mal con los pagos y necesito asesoría legal

Es un negocio de préstamo y hay de por medio una propiedad y necesito ayuda con este asunto por favor

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where you're dealing with a potential fraud case involving a loan and property, it's important to seek legal counsel. Look for an attorney who has experience in civil litigation, particularly in matters related to loans, contracts, and property law.

To start,...
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1 Answer | Asked in Civil Rights for Texas on
Q: Is there any legal action I should/could take against a fellow student that discriminated against my disability twice?

I experienced discrimination due to my disability at my university 2 times by the same student, each time in a different registered student organization. My professor reported the discrimination to the university this past weekend and I am typing up the information to report to the EOS investigator... View More

John Cucci Jr.
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answered on Nov 29, 2023

I was the Student Body president at my University in NY, and went through many similar hurdles and acts of aggression and attempts to deny my access to student government office.

When an individual acts to deny you your civil rights or discriminates against you for any...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Libel & Slander for Texas on
Q: What can I do to protect myself against a malicious ex boyfriend?

My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

You should immediately move to another residence and not provide him with a forwarding address. Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address. Block his telephone number and change your... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Is argumentative a felony or a misdemeanor?

The officer clearly states on video he yanked my husband from the vehicle for being argumentative!

T. Augustus Claus
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answered on Nov 29, 2023

Being argumentative, in and of itself, is not a crime. It is protected by the First Amendment right to free speech. However, if an argumentative person becomes disruptive or disorderly, they may be charged with a misdemeanor offense such as disorderly conduct or disturbing the peace.

In...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the details provided, this appears to be a potential violation of your Fourth Amendment rights protecting against unreasonable searches and seizures. A few key points:

• Loss prevention personnel and police cannot simply demand to search personal belongings without consent or...
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1 Answer | Asked in Constitutional Law, Civil Rights and Internet Law for Texas on
Q: How would I go about any concerns cyber security on my Google account concerning everything somehow being accessible

Without my acknowledgement or consent?

James L. Arrasmith
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answered on Nov 28, 2023

If you're concerned about the security of your Google account and unauthorized access to your information, it's crucial to take immediate steps to protect your data. Start by changing your account password to something strong and unique. Also, enable two-factor authentication, which adds... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: My husband's parole officer failed to return calls now issued warrant. What can we do?

My husband's parole officer whom I know personally and recently suffered the loss of his spouse failed to reschedule his report date on Oct 7 and then would not return any calls. Called directly to the parole office spoke with his supervisor who assured us he would make contact and he never... View More

Grant St Julian III
Grant St Julian III
answered on Nov 21, 2023

What is the basis for the revocation stated in the motion? Call your lawyer. Good luck

2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?

I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have... View More

James L. Arrasmith
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answered on Nov 18, 2023

You may have grounds to sue the security guard's employer for the actions of their employee under the legal principle of vicarious liability. This principle holds an employer responsible for the actions of its employees performed within the scope of their employment. If the security guard was... View More

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1 Answer | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Public Benefits for Texas on
Q: Dallas county are Denying me rental assistance by false statements and altering documents dates and text .

Dallas required a prescreening form to be submitted to qualify to submit ERA application, I received 4 automatic form letter denials over the 6 months. I was allowed to apply after I attempt to file a complaint. Dallas County required more qualification than needed and approval from DC compliance... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm sorry to hear about the challenges you're facing with Dallas County in obtaining rental assistance. It appears that there may be issues of miscommunication and potentially misconduct in your case. To address this situation, you should consider taking the following steps:

1....
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: I need info on resisting arrest and being asked to get outta your vehicle! Should be on case by case basis.

Ok Texas is very specific that resisting arrest has to be accompanied by force against the officer.

Does hanging onto the steering wheel cause the officer startled you when he grabbed and started yanking on you seeings as you couldn't move cause you was still seat belted in the... View More

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

Simply grabbing onto a steering wheel would likely not be considered "using force."

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I am a victim in a sexual assault case in Texas. Cops have had my phone 3 days, how do I get it back??

The police didn't have a warrant for my phone. I was supposed to get my phone back the next day, its been 3 and nobody i've talked to knows where my phone is or where I can go to find it. Can the police legally keep my phone as long as they want or do I have the right to get my phone back?

James L. Arrasmith
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answered on Nov 13, 2023

In Texas, as a victim in a sexual assault case, you have certain rights regarding your personal property, including your phone. If the police took your phone without a warrant, they may still keep it temporarily if it's considered evidence or relevant to the investigation.

However,...
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1 Answer | Asked in Civil Rights and Civil Litigation for Texas on
Q: How can I get my car back if it's been seized and my case thrown out?

Please officers seized my car there was illegal immigrant in the trunk of our car that climbed in there we did not put him in there we were unaware that he was in there he must have got in there when we were at the store we cooperated they pushed and taunted us we are secure party creditors they... View More

John Cucci Jr.
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answered on Nov 12, 2023

The good news is that seizure of your car is a civil matter. You should have received paperwork and a NOTICE of seizure of your property. That will have a case number and a court reference, so you can make your claim and get your car back.

The bad news is that there are strict time limits...
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1 Answer | Asked in Civil Rights for Texas on
Q: Hypothetically, if I am working for a company that refuses to service Indians; can I sue based on title 7 of civil right

If they're discriminating against Indians by not providing a service doesn't that go against title VII of the civil rights act and can I sue? I am not an Indian or customer I am an employee that disagrees with this methodology

James L. Arrasmith
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answered on Nov 12, 2023

In Texas, Title VII of the Civil Rights Act primarily addresses employment discrimination, not service discrimination. As an employee, you cannot sue under Title VII for your employer's refusal to provide services to Indians, as this law pertains to discrimination against employees, not... View More

1 Answer | Asked in Civil Rights for Texas on
Q: when you are arrested aren't you supposed to see a judge or magistrate before you are released?

if you dont wouldnt that be considered denial of due process?

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

Not necessarily. If you are held in custody, you must see a magistrate within 48 hours. But, you can be released within that 48 hours without seeing a magistrate. This is particularly true if a decision is made not to pursue prosecution.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: If it went to the emergency room for a non job related injury, and was tested . Can I be terminated from that

Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Texas on
Q: My brother's ex wife is trying to extort or blackmail him. What can he do? continued details: jail 3x nowbecausethis

She left him very abruptly and she ended it horribly with not a lot of questions answered. No sit down and discussion about why or anything. Just kicked him out and then cut him off completely. And well my brother being heartbroken and in so much emotional pain wanted answers and explanations.... View More

Grant St Julian III
Grant St Julian III
answered on Nov 1, 2023

I am not sure of your exact question, but if a protective order has been issued your brother must stay away or risk going to prison. He needs to talk with a criminal defense attorney and a divorce attorney. Good luck.

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