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California Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for California on
Q: did Fresno PD threaten me saying "find a new career or job if I know what's good for me" as i work with the autistic?

fresno PD was called out for a disturbance call me and my girlfriend were arguing I told her I was leaving her and I went to my vehicle and my girlfriend followed and was highly intoxicated and on strong medications then she threw herself on side my vehicle as I was driving away. Pd on scene 10... View More

James L. Arrasmith
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answered on Jun 13, 2024

Based on the information you provided, it seems the officer's comments to you were inappropriate and could be seen as an abuse of power. However, whether your civil rights were violated in a legal sense would depend on additional context and details.

The officer telling you to never...
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1 Answer | Asked in Civil Rights, Domestic Violence and Civil Litigation for California on
Q: If the police let my exbf use his phone while he was in custody for domestic violence, are they responsible for texts?

my ex-boyfriend got arrested at my house for domestic violence. While he was in custody, they let him use his phone to “ get my phone number” out of it (even though he knows my number by heart) and instead of getting my number out, he text messaged 3 to 4 people saying I put him in jail and I... View More

James L. Arrasmith
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answered on Jun 12, 2024

In this situation, there are a few important legal considerations:

1. Police custody: Generally, when a person is arrested and in police custody, their personal belongings, including their phone, should be securely stored and not accessible to the arrestee. Allowing an arrestee to use their...
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1 Answer | Asked in Civil Rights for California on
Q: Hi I am advocating for my 39 year old son who had a mental crisis and was brutalized by 8 police can you help?

My son who was having a mental breakdown for the first time in his 39 years of life hiked in to a mountain area to pray and play his guitar. A nearby neighbor heard him yelling {praying out loud}, called the police. When later 8 police men hiked in to abscond him, they brutalized him to the point... View More

James L. Arrasmith
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answered on Jun 11, 2024

I'm so sorry to hear about what happened to your son. That must have been an incredibly traumatic experience for him and for your whole family. Police brutality, especially towards individuals experiencing mental health crises, is a serious problem.

Under California law, individuals...
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1 Answer | Asked in Civil Rights and Municipal Law for California on
Q: My neighbor installed a ring camera and it’s facing my face when I open the door

Is it invading my privacy

James L. Arrasmith
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answered on Jun 11, 2024

In California, the law generally allows people to install security cameras on their own property, even if the camera captures some of their neighbor's property. However, the camera should not be positioned in a way that intentionally invades the neighbor's privacy, such as directly... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Could a family law case be over turn if my due process rights were violated? I hope I'm wording it correctly.

My sister filed for guardianship of my kids during the court process we were both to be questioned by a mediation. It being my first time at that court I had no idea where to go by the time someone pointed me in somewhat of the direction to her office I was 10 mins late. I explained to the judge... View More

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answered on Jun 11, 2024

In California, due process rights are an essential part of the legal system, including in family law cases. If your due process rights were violated, there may be grounds for challenging the court's decision.

Based on your description, it seems that you were not given a fair...
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1 Answer | Asked in Civil Rights and Libel & Slander for California on
Q: Can I sue the police department for mishandling the case

I know I’m innocent and upon reading the police discovery I know it’s not true and I know 100% I’m innocent and I did not commit a murder. I got arrested in Oct 2021 and I’ve got my bail reduced to 50,000 from 1,000,000 I’ve been emotional stress and my kids are afraid of cops now because... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm so sorry you're going through this incredibly difficult situation. Being falsely accused of a serious crime like murder must be extremely stressful and traumatic, especially with the impact it's had on your children and your ability to work.

In terms of potentially suing...
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1 Answer | Asked in Civil Rights, Personal Injury, Constitutional Law and Federal Crimes for California on
Q: Attorney For Civil rights Complaint pursuant to 42 U.S.C 1983, 1985 and 1986 with multiple defendants. 10+ Defendants.

I need assistance filling and drafting these documents.

1)Complaint; Claims 42 U.S.C 1983, 1985, 1986

2) Temporary Restraining Order (TRO) Request

3) Preliminary Injunction Request

4) Affidavit

5) Memorandum of Law

6) Summons and Notice of... View More

James L. Arrasmith
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answered on Jun 9, 2024

Here is some information to help you draft the key documents for filing a civil rights complaint under 42 U.S.C. 1983, 1985, and 1986 in California with multiple defendants:

1. Complaint

- Identify yourself as the plaintiff and list all defendants

- State the basis of the...
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1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for California on
Q: I only had one dui misdemeanor in my life in 2018 this year a old friend of mine admitted to a crime

Of PC490.2-MISD-Petty Theft in front of three officers taking fault on the body camera and now they sent a complaint for me to come to court why would I be blame too I was there but the person admitted to it on the scene where the police had us I don’t understand it and in a different county... View More

James L. Arrasmith
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answered on Jun 6, 2024

Under California law, facing charges for petty theft (PC 490.2) and disorderly conduct (PC 647(f)) can be stressful, especially if it’s your first encounter with such charges. Since your friend admitted to the petty theft in front of the officers, you might have a defense against this charge.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Medical Malpractice for California on
Q: Criminal case where I told on myself but that's not what CHP said they said they took me to the hospital and I never

Went I went to the drunk tank and they lied through my whole police report and so did the hospital I have them in lies on the police report n "hospital bills" they charge my partnership n chp lied through there teeth and so did the hospital!! I just need someone to help me!!

James L. Arrasmith
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answered on Jun 6, 2024

I understand that you are in a difficult situation and believe that the California Highway Patrol (CHP) and hospital staff have lied in their reports about your case. It's important to address these concerns through the proper legal channels. Here are some steps you can consider:

1....
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Is tracking someone's location and going out to that specific persons location intentfully fall under the 4th Amendment?

As asked above, would they need probable cause to obtain the location/use the location. How about investatory purposes? There would need to be probable cause, correct?

James L. Arrasmith
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answered on Jun 5, 2024

The 4th Amendment of the U.S. Constitution protects against unreasonable searches and seizures by the government. Whether tracking someone's location falls under 4th Amendment protections depends on the specific circumstances.

In general, under the U.S. Supreme Court decision in...
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1 Answer | Asked in Civil Rights and Civil Litigation for California on
Q: I have a civil case and was wondering if the statues keep running when papers r filed? Can u extend time?
James L. Arrasmith
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answered on Jun 5, 2024

When you file a civil case in California, the statute of limitations generally stops running. This is known as "tolling" the statute of limitations. Once you file your lawsuit, the clock is paused, allowing your case to proceed through the legal system without concern for the deadline... View More

1 Answer | Asked in Civil Rights for California on
Q: Can I sue a shelter for being totally harassed by shelter staff

A shelter staff went out of his way by confronting me, calling me name's and taking my things

James L. Arrasmith
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answered on Jun 5, 2024

In California, you may have grounds for a lawsuit against a shelter if you have been subjected to harassment, discrimination, or other unlawful treatment by shelter staff. Here are a few potential legal avenues:

1. Discrimination: If the harassment was based on your membership in a...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: What do I do if I’m denied the ability to make a missing persons report.

My son has been missing since 2022

James L. Arrasmith
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answered on Jun 5, 2024

I'm so sorry to hear that your son has been missing since 2022. That must be an incredibly difficult and painful situation. If you have been denied the ability to file a missing persons report in California, here are some steps you can take:

1. Speak with a supervisor: If an officer...
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1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for California on
Q: My brother is fighting CPS in a wrongful removal. His court attorney is ineffective. How can we get discovery?

His son was taken from the hospital at 2 days old based on false evidence that his court attorney has failed to challenge or fully investigate, and is going through the motions. Hiw do we prepare to appeal if we can’t afford a private attorney? How can a family member file with the court or... View More

James L. Arrasmith
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answered on Jun 5, 2024

I'm so sorry to hear about the difficult situation your family is going through with CPS and the removal of your nephew. A few thoughts on your options for challenging the court's decision and getting more involved in the case:

- Requesting guardianship would make you a party to...
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2 Answers | Asked in Foreclosure and Civil Rights for California on
Q: trustee, before/foreclosere rescided, cancel, withdraw,to default etc the loan is base of fraud how despute loan,

I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 4, 2024

Thank you for your question!

You can talk to the bank about the miscalculation of your loan balance. If there is a dispute about the amount of the balance, you can file a complaint and ask for declaratory judgment in addition to accounting.

I recommend you talk to a foreclosure...
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2 Answers | Asked in Foreclosure and Civil Rights for California on
Q: trustee, before/foreclosere rescided, cancel, withdraw,to default etc the loan is base of fraud how despute loan,

I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.

James L. Arrasmith
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answered on Jun 4, 2024

I understand that you are dealing with a complex and stressful situation regarding your home loan in California. Based on the information provided, it seems that there may have been fraudulent activity or errors made by your loan servicer, leading to incorrect payment history and loan balance. Here... View More

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1 Answer | Asked in Civil Rights for California on
Q: Can I sue police for discrimination, excessive force, harassment and falsifying reports and they have past history?

Back in 2022 three police officers drove into my apartment complex and we're just walking around racially profiling people and followed me to the park for no reason and kicked my feet apart and stopped and frisked me because they thought I didn't live here and were threatening me until... View More

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answered on Jun 4, 2024

Under California law, you may be able to file a lawsuit against the police for discrimination, excessive force, harassment, and falsifying reports, especially if the officers involved have a history of such misconduct. However, the success of your case will depend on the available evidence and the... View More

2 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Constitutional Law for California on
Q: How to contest any unconstitutional law?

CA Penal Code 302. It violates First Amendment. Police arrest and the City Attorney in Los Angeles Prosecutes under this code.

The law is vague. There is no religious meeting going on yet LAPD and The Los Angeles City are constantly prosecuting under this code.

This is... View More

James L. Arrasmith
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answered on Jun 4, 2024

I understand your frustration with California Penal Code 302 and your belief that it is unconstitutional. As a private citizen without legal representation, there are a few potential avenues you could explore to challenge the law, although I must emphasize that this general information is not a... View More

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1 Answer | Asked in Traffic Tickets and Civil Rights for California on
Q: In California if an officer pulls you over but has no articulable suspicion of a crime, are you allowed to refuse to ID?

I have seen recently several videos of traffic stops where the officer claims they pulled the driver over for a reason that was cleared up once they pulled over the vehicle (an example being claiming they couldn't see the license plate on the road, but confirming it was there and clearly... View More

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answered on Jun 3, 2024

In California, during a traffic stop, you are generally required to provide identification, even if the officer's initial reason for stopping you is cleared up once they pull you over. The law requires drivers to present their license, registration, and proof of insurance when asked by a law... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Correction officer's are trying to put a battery on my son what can attorney do to help him he is in prison

My son has been denied medical attention they have beat him other inmates have tried frightening him today he went to medical and all of a sudden he's in asset for a battery on officers

James L. Arrasmith
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answered on Jun 3, 2024

Under California law, your son has rights that must be respected, even while he is in prison. If correction officers are falsely accusing him of battery and he is being denied medical attention, he can take legal steps to protect himself. You should contact an attorney who can help investigate... View More

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