Get free answers to your Civil Rights legal questions from lawyers in your area.
I am the victim in a home burglary case from three years ago. The suspect was charged with first-degree felony burglary, but now the prosecutor and the defendant’s public defender are negotiating to reduce the charge to second-degree burglary without my consent. They insist on a quick response,... View More 
answered on May 18, 2025
I can't imagine what it must feel like to be a victim in these circumstances. Here are some things you should know.
1. The prosecutor represents the People and not you personally, and has many competing interests driving any decisions made in the defendant's case. Among these are... View More
My 7th grade child was injured by a razor blade at school, brought by another student who was only suspended for a couple of days. Upon returning, the student continued to sit next to my child and made threatening remarks. When my child reported the threats to the vice principal, she was advised to... View More
answered on May 13, 2025
Per Education Code section 48915, a student that possess a dangerous object must be recommended for expulsion unless the school/district determines another means of correction is appropriate. The district holds the power to determine discipline and seems to have rejected exclusion at this time,... View More
On April 16, an employee sexually assaulted me at work. I reported the incident to corporate ethics & compliance, my store manager, and district manager, informing them I felt uncomfortable working with the individual. I was told a case would be opened. Despite the employee admitting to the... View More
answered on May 13, 2025
You can sue both your employer for not taking appropriate corrective action, such as firing the harasser or at least separating you and the harasser. In addition, you can sue the harasser personally. Please keep detailed written records. You should tell your employer in writing that you feel... View More
On April 16, an employee sexually assaulted me at work. I reported the incident to corporate ethics & compliance, my store manager, and district manager, informing them I felt uncomfortable working with the individual. I was told a case would be opened. Despite the employee admitting to the... View More
answered on May 13, 2025
Technically, your employer is not legally obligated to fire an employee who has sexually assaulted you. It is required to make all reasonable efforts to protect you from further sexual harassment and/or assault. In many situations that might be possible without terminating the offending employee.... View More
On April 16, an employee sexually assaulted me at work. I reported the incident to corporate ethics & compliance, my store manager, and district manager, informing them I felt uncomfortable working with the individual. I was told a case would be opened. Despite the employee admitting to the... View More
answered on May 17, 2025
Your feelings of being abandoned and not protected by your employer are completely normal and understandable. While an employer has no legal obligation to fire that employee and you cannot force them to, the failure to fire the attacker can make the employer liable in damages to you for failing to... View More
I am the conservator for my grandfather, and his sister stole over $400,000 from him. I also have a restraining order against her. Recently, I saw her taking my grandfather into a bank. I followed them in, and the bank manager began yelling at me, falsely accusing me of being there to rob the bank,... View More
answered on May 11, 2025
I would like to hear the whole story, including all the details. From what you've indicated, you may have a good case against the bank, the manager, and others who may have been involved in the incident you described.
You will need a good lawyer and a law firm to help you with this. I... View More
I was evicted from my apartment in Ventura, CA, but the court papers contained the wrong apartment number (210 instead of 201). During the court proceedings, I wasn't allowed to speak or present evidence. The eviction was prompted after I provided proof that my neighbors were using my... View More
answered on May 8, 2025
I suggest you contact a tenant's rights lawyer as soon as possible to get help setting aside your eviction judgment on the grounds of fraud and/or mistake, based on the erroneous listing of your apartment. A good lawyer in that situation could leverage that case into a position where you could... View More
I lost my home in the Eaton fire in Altadena, CA. My family and I received no evacuation warnings, and there was no firefighting assistance or water during the incident. My daughters are traumatized by the experience, and we learned that a neighbor died without any warning. Many residents in west... View More
answered on May 4, 2025
You have six months time limit from the date of the incident in which to file a claim against the government entity. However, the case against Edison is a much stronger case. Edison has admitted fault and a mass tort action ( NOT a class action) is being pursued against Edison. You recover much... View More
I believe I am facing racial discrimination in the hiring process due to my being white, having a higher education, and an accent, which seems to result in refusal to hire me. This has affected my job prospects negatively despite my qualifications. How can I address this situation legally?
answered on Apr 26, 2025
Assuming you could prove your allegations, your best first move is to locate and consult with an experienced employment law attorney who can assist you with the appropriate and required filing of an administrative complaint with the right government entity, and then to commence litigation in the... View More
I believe I'm facing discrimination due to my chronic health condition, syringomyelia. I was reprimanded for not coming into the office after traveling by plane for 8 hours, despite informing my boss two weeks prior that I would need to rest, to which she responded positively. However, she... View More
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answered on Apr 24, 2025
Hello. Appalling. Have you formally documented your health condition with your employer (for example, by providing them with a healthcare provider note)? If not, upon your telling them that you have a health condition that affects your ability to perform the essential functions of your job, they... View More
I need urgent help. My brother has been in the ICU since last week, and we just received a call from the hospital. We believe the Gardena Police Department beat him up. The hospital staff initially contacted us but are now acting as if he is in custody and won't allow us to see him without... View More
answered on Apr 23, 2025
To address the alleged police misconduct, several legal actions are available. A civil rights claim under 42 U.S.C. § 1983 can be pursued against the Gardena Police Department for excessive force, violating your brother’s Fourth Amendment rights, provided the officers’ actions were objectively... View More
My brother, who suffers from epilepsy and lives at a sobriety program, is in the ICU with head injuries and bruising. Records show he was arrested on 4/15, supposed to have court on 4/17 in Inglewood, but was released on his own recognizance on 4/16. Conflicting reports say he was brought to the... View More
answered on Apr 23, 2025
First, you can investigate the hospital’s failure to notify you, as California law requires hospitals to make reasonable efforts to contact family members within 24 hours if a patient is incapacitated. If this obligation was not met, you may request documentation of their efforts, which must be... View More
I was arrested by CPS and had my son removed from my home in Los Angeles County on March 20, 2025, with no allegations of abuse from my side, only my criminal record. My child's mother, who is currently incarcerated and has a history of substance addiction, had her other children removed from... View More
answered on Apr 21, 2025
Under California Welfare and Institutions Code § 300, CPS may remove a child only if there is clear evidence of substantial risk of harm. Removal based solely on your criminal record, without specific allegations of abuse or neglect, may not satisfy this standard unless CPS demonstrates a current... View More
I was charged with battery and obstruction after police officers entered my disabled mother's home to execute an arrest warrant for me, a guest there. I asked to see the warrant before opening the door, believing I had the right to do so. Without showing the warrant, they entered forcefully... View More
answered on Apr 21, 2025
Under California Penal Code § 844, officers executing an arrest warrant must comply with “knock-notice” requirements, which include announcing their presence, identifying themselves as police, and stating their purpose before entering a home. These requirements protect privacy, prevent... View More
My employer has prohibited me from speaking Spanish to Spanish-speaking patients. Despite a traumatic brain injury (TBI) I sustained a year and a half ago, I am still fluent in the language and fully able to communicate, although I tend to speak more slowly. In the six months I’ve been with the... View More
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answered on Apr 20, 2025
Your employer can't prohibit you from speaking another language, absent some specific conditions, which don't appear to be here, based on what you wrote. https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/01/Workplace-Discrimination-Poster_ENG.pdf If your employer has... View More
I am seeking advice on filing a lawsuit in California for Intentional Infliction of Emotional Distress and Elder Abuse. The wrongful acts have been ongoing for over 15 years and have worsened. As a 77-year-old plaintiff, I have suffered extreme emotional distress due to this conduct and can... View More
answered on Apr 21, 2025
To pursue an IIED claim, you must demonstrate (1) extreme and outrageous conduct by the defendant, (2) intent or reckless disregard for causing emotional distress, (3) severe emotional suffering, and (4) a direct causal link between the defendant’s actions and your distress, as established in... View More
I am experiencing harassment from the Riverside County Sheriff's Department and have nine open criminal matters, primarily involving drug possession. On March 18, while on my way to court, they prevented me from attending and entered a Failure to Appear in the system before I had missed the... View More
answered on Apr 18, 2025
To pursue a lawsuit against the Riverside County Sheriff's Department, you must first identify actionable claims. For harassment, you may have grounds for a civil rights claim under 42 U.S.C. Section 1983, alleging violations of your constitutional rights, such as the Fourth Amendment’s... View More
Is 42 U.S.C. Section 1983 applicable for a claim of punitive damages if a doctor denied a referral covered by Medicare and enabled fraudulent Medicare charges by a hospice, misrepresenting my health status as terminal and causing me to lose access to normal healthcare?
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answered on Apr 16, 2025
Section 1983 does not apply to private actors. The individuals such as your doctors unless they are acting under color of state or federal law. This means they must be exercising government (state) power or acting on behalf of the state when the violation of rights occurs. If the doctor is working... View More
I was involved in a situation where my girlfriend physically attacked me during an episode, and as I tried to leave our apartment, she threw a knife at me, causing a significant injury. Despite being the one injured, the police arrested me for domestic violence based on her claim that I initiated... View More
answered on Apr 15, 2025
Under California law, a claim for wrongful arrest requires demonstrating that the arrest lacked probable cause (Penal Code Section 836). In your case, the existence of video evidence from a neighbor’s security camera and witness statements corroborating that your girlfriend attacked you with a... View More
I was asleep in my room when my house, which I share with other people on the lease, was raided by the police. A gun was found wrapped in a blanket in the living room where others were also sleeping. Despite no fingerprints linking me to the gun and other residents being present, I'm being... View More
answered on Apr 15, 2025
Under California law, specifically Penal Code Section 29800, a felon in possession of a firearm charge can be supported by the concept of constructive possession. This means the prosecution does not need to prove you physically held the firearm but rather that you had knowledge of its presence and... View More
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