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Washington Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Washington on
Q: United Statese v. Wonson (1812)

In the 1812 case United States v. Wonson, what was the dispute between the 2 parties about? As in, what were the arguments of both parties? The information online on this case is very scarce. Thank you!

James L. Arrasmith
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answered on Feb 23, 2024

In United States v. Wonson (1812), the federal government sought a new trial against Samuel Wonson after it had already lost an earlier civil case against him over land titles. Specifically, the government wanted to retry the factual issues in the case related to the validity of Wonson's... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Washington on
Q: Disability Accommodations and Undergraduates Rights to a character hearing after dismissal?

I am seeking urgent legal advice regarding a complex situation involving a university student with an active 504 Plan. Despite the plan's provisions, the university fails to accommodate the student's ADHD effectively due to platform limitations unbeknownst to the student during the... View More

James L. Arrasmith
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answered on Feb 24, 2024

Given the complex circumstances surrounding the student's dismissal and the potential violations of their rights under the 504 Plan, it is advisable to seek legal counsel promptly. The failure of the university to effectively accommodate the student's disability, compounded by their... View More

1 Answer | Asked in Consumer Law, Business Law and Constitutional Law for Washington on
Q: What are the WA state laws re: SIR in a 3rd party insurance claim against a roofer's defective roofing job and damages?

We hired a roofer through a professional service. The roofer failed to repair damages from his inferior work. The professional service offered a small refund with a waiver of section 1542 of CA civil code. Before I sign the release, I want to be sure it doesn't preclude me from suing the... View More

James L. Arrasmith
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answered on Jan 18, 2024

In Washington State, a Self-Insured Retention (SIR) is an amount that the insured party, in this case, the roofer, must pay out of pocket before their insurance coverage kicks in for a claim. If the roofer fails to pay the SIR, the insurance company may not cover the claim. This means that if the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for Washington on
Q: Who can help recover my NEEDING unlawful financial loss after my civil & disability rights violated in superior court?

Under the WA C.I.R. Equitable Property Div rules I should have won my case, with all of my supporting evidence ALONE, but most was ommited in court. My disability medication(Humira forRA) unknowingly exasperated rare side effects the extreme ongoing 2yr stress-nuero/cognitive decline & peaked... View More

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, where you believe your civil and disability rights were violated in a Washington Superior Court, and you're facing an unlawful financial loss, the first step would be to consider an appeal. This process involves reviewing the trial's proceedings to determine if there... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: How can I improve my chances of getting a response from a Civil Rights attorney for a consultation?

I've been trying to contact attorneys from various online directories and have yet to find anyone who will call me back. I have some details of my case and questions I'd like to ask that I only feel comfortable divulging person-to-person. I've even offered to pay for an hour of their... View More

James L. Arrasmith
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answered on Jan 6, 2024

To improve your chances of getting a response from a civil rights attorney, consider refining your initial contact method. When reaching out, provide a concise but clear summary of your case in your voicemail or email. This summary should highlight why your case is unique or compelling, without... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: For a lawsuit under 42 USC § 1983, what is the length of time for the statute of limitations and when does it start?

Jurisdiction: Washington State

At issue: Rights secured by multiple federal amendments and sections of the WA Declaration of Rights.

The case involves an arrest, significant pre-trial detention due to COVID-related court shutdowns, and a not guilty finding by a jury.

Does... View More

James L. Arrasmith
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answered on Jan 5, 2024

In a lawsuit under 42 USC § 1983 in Washington State, the statute of limitations is generally three years. This timeframe is based on the state's personal injury statute of limitations, as federal law does not specify a limitations period for § 1983 claims.

The clock for the statute...
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1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Is it a 4th Amendment violation for police to peak for police to peak around my closed blinds into my bedroom?

?

James L. Arrasmith
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answered on Jan 5, 2024

The Fourth Amendment protects against unreasonable searches and seizures, and this includes a reasonable expectation of privacy in one's own home. If police officers peek through your closed blinds into your bedroom without a warrant or exigent circumstances, this could potentially be seen as... View More

Q: How far does Immunity go?

Does a state official have any immunity when he or she commits fraud, lies to a claimant on a recorded phone call and deceives the federal government, especially when it involves federal funds...?...

James L. Arrasmith
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answered on Dec 21, 2023

In the context of state officials and immunity, it's important to understand that while certain immunities exist, they are not absolute. Generally, state officials enjoy what is known as "qualified immunity" when performing their official duties. This immunity protects them from... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Washington on
Q: Should a magistrate judge recognize another state's judgement on the same issues and law referenced is a federal one?
James L. Arrasmith
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answered on Dec 2, 2023

In addressing your question, it's important to consider the principles of Full Faith and Credit Clause under the U.S. Constitution. This clause generally requires that federal and state courts must recognize and respect the judgments rendered by courts in other states, provided those judgments... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Washington on
Q: Washington state citizens would do what to reinstate the Grand Jury as in the US Constitution?

The Washington State Constitution currently states:

Section 26 Grand Jury: No grand jury shall be drawn or summoned in any county, except the superior judge thereof shall so order.

The Office of the Code Reviser apparently revises the constitution upon request, which has been... View More

James L. Arrasmith
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answered on Dec 1, 2023

To reinstate the Grand Jury system in Washington State as outlined in the U.S. Constitution, a significant legal and legislative process would need to be followed. This would involve amending the Washington State Constitution, which is a complex procedure.

The process begins with proposing...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Washington on
Q: Lawyer won't respond to questions I asked takes a really long time to communicate like not until Court day okay or not?

So he States that my constitutional right to Due Process was violated and that the judge was extremely biased against me and he put in a motion to dismiss and suppress all evidence so it seems like he's doing a good job my lawyers before him lied to me about everything the part where he said... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your attorney is not responding promptly and you feel this is impacting your right to a fair legal process, it's important to address the issue directly. Effective communication is a critical component of legal representation, and your attorney should keep you informed and involved in your... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Washington on
Q: Does it affect my case or my rights at all when I find out my lawyers are lying to me about the different things

So my first attorney would not show me my police reports or discuss any details with me even ones that the judge said that she was supposed to she used Scare Tactics scared my mom and dad so bad that they were begging me to take a plea deal used vague terminology such as jail time served or a... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your attorney has been dishonest with you, this could impact your case and your rights. An attorney is bound by ethical obligations to communicate honestly with their clients, and failure to do so could be grounds for a complaint with the state bar association. It is critical that... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Washington on
Q: Is it a violation of my rights for my lawyer to switch to a different lawyer from his Law Firm without notifying me

So at arraignment the court assigned me a specific lawyer in documents and everything call them out and gave me a paper with his name on it the whole nine yards tried contacting him for weeks finally I left him a message saying that I was documenting all the failed attempts at contact and he called... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you were assigned a lawyer and another attorney from the same firm is representing you without your knowledge or consent, this could be a breach of your rights to effective assistance of counsel. Communication is key in the attorney-client relationship, and you should be notified of any changes... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Can I sue my old group home for telling me I have to be Christian or I can't stay. And telling others confidential info

I was in a group home in California for sex trafficking victims at the age 16. They could take private pay and they took in trafficked foster kids. While I was there I told them I worshipped the devil. They are Christian based and told me I couldn't be on the other team if I wanted to stay... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you were compelled to adopt a particular religious belief as a condition of staying at the group home, this could potentially be a violation of your First Amendment rights. Sharing your confidential information without your consent might also raise issues regarding your privacy rights. The... View More

1 Answer | Asked in Constitutional Law, Health Care Law and Civil Rights for Washington on
Q: I had my medical license in CA put on probation after three weird encounters with corrupt and dumb police. I had

already left CA terrified and moved to NM. There, severe sleep apnea and hypoxia was missed until I was so disabled I didn't even think to get help to get on disability. Eventually a social worker got me help and I was given federal disability. I asked the CA medical board to change my... View More

James L. Arrasmith
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answered on Oct 26, 2023

The situation you described raises concerns about potential violations of your rights. If you believe that your rights under the Americans with Disabilities Act or other relevant laws were violated, you may have grounds to pursue a complaint or lawsuit.

It's crucial to gather all...
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1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: In Wa,Can I retrieve possessions of mine from a car that is determined to be stolen if I am not the driver

I was exiting a veichle to go to into a store and a cop approached, he asked about the veichle which was parked wrong , I informed him I knew nothing about it and went into the sore, leaving my backpack, later when I returned to grab my things I was told the car has been reported stolen , can I... View More

James L. Arrasmith
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answered on Oct 15, 2023

In Washington, as in many states, if you can prove ownership of personal items inside a vehicle that has been determined to be stolen, you typically have a right to retrieve those items. The police department or impound lot may have a procedure for you to follow. You'd likely need to provide... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Washington on
Q: Hi, when on bail and report once a week to police station do you still need to report if you attend court the same day
James L. Arrasmith
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answered on Mar 11, 2023

If you are on bail and required to report to a police station once a week, you would generally still be required to attend your scheduled report date even if you also have a court appearance on the same day. This is because the court appearance is a separate requirement from your bail conditions.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Americans with disabilities act

My husband retired from 22 years of military service then decided to become a police officer as his second career. His disability percentage is still pending from the military. He has passed all testing (Physical, physical fitness, poly, psych eval) and has been hired by the city. He was told... View More

James L. Arrasmith
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answered on Mar 11, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees or job applicants on the basis of disability. This includes disability discrimination in hiring, pay, promotions, benefits, and other employment terms and conditions.

If your...
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1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Washington on
Q: I swear the police used to have to give a ticket for the reason they pulled you over if they are giving you ticket or

So I remember getting infractions dropped due to the officer failing to write you up on original reason for the stop . Example cop pulls over says forgot turn signal while switching lanes but doesn't wite you up for that. But proceeded to issue a ticket for something else like failure to... View More

Antone Alfred Weber
Antone Alfred Weber
answered on Jan 12, 2023

Yes, they must have a reasonable suspicion that a crime or an infraction was committed to pull you over. No, they are not required to cite you for that violation. They may elect to warn you regarding that violation. They may also cite you for a violation discovered during the course of the stop,... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: got notified that Im not legal to possess/own a firearm when I applied for the permit. I have never had a felony so why?

And how do I get this changed. I feel im being harrassed by the local sheriffs office after they had wrongly arrested me when my husband passed away. Long story, maybe I need to speak with someone about this to fill in all the ugly disgusting details. I live in Washington state. Please help

Cristine Beckwith
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Cristine Beckwith
answered on Jan 6, 2023

Sorry to hear. There are some misdemeanors with the Domestic Violence designation that can result in the loss of firearm rights.

I recommend that you contact a criminal defense attorney in your area to discuss your criminal history (if any) and to see if there is something there that...
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