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California Constitutional Law Questions & Answers
2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was wrongfully accused, deprived of due process and had major loss due to it. Can i sue county? All charges dropped

I bailed out was told by county clerk i had no case after going to court, fast forward 2-3 years no notice i get pulled over arrested and had to post bail again, $9000 and $7000, lose my job due to arrest, find 2 jobs after but cannot pass background check. Kost all my benefits, license because I... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Yes you can. You have remedies available under state and federal law, and I urge you to take advantage of them. You'll need a competent lawyer with the education, training and experience necessary to properly represent your interests. S/he should be a lawyer for the people, who seek to protect... View More

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2 Answers | Asked in Employment Law and Constitutional Law for California on
Q: Is this legal? they are coercing me to cover negative amounts in order to

get funds, I put in to cover previous amounts I attempted to cover and the salary/commission

,

Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.

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1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: We were stopped by lost prevention falsely accused of taking a $119 battery

Left the store and 11/2 months later were arrested now charges were dismissed and need a lawyer? What kind and what should we do for compensation? Of losses

James L. Arrasmith
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answered on Jul 26, 2024

You should seek a personal injury lawyer who has experience with false arrest or false imprisonment cases. These attorneys can help you understand your rights and guide you through the process of filing a lawsuit. Look for someone with a good track record in civil rights or personal injury law.... View More

1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for California on
Q: I want to sue a cps worker for harassment and abue of power
James L. Arrasmith
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answered on Jul 24, 2024

Suing a CPS worker for harassment and abuse of power can be a challenging process, but it is possible under certain circumstances. First, gather all evidence of the alleged harassment and abuse of power. This includes any documents, emails, recorded conversations, or witness statements that support... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for California on
Q: What kind of attorney do you recommend for my situation. What is the best action to take to proceed

In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More

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answered on Jul 20, 2024

Given the complexity and severity of your situation, it’s essential to seek legal help immediately. For the issues involving potential crimes, harassment, and threats to your safety, contacting a criminal defense attorney with experience in personal injury and civil rights cases would be a... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for California on
Q: I'm currently 'Blacklisted, by Federal Economic sanctions by an Executive from the Administration years 2000-present.

My Civil Rights infringed daily IN PUBLIC. I'm not working and am homeless getting discriminated from businesses of all types. I receive social Security monthly, on, or before the 3rd of every month. I've had Domestic Surveillance interfering with most of my calls from the payphone. I... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the challenges you're facing. It sounds like you're dealing with a complex situation involving multiple areas of law, including civil rights, constitutional law, and discrimination.

Given the seriousness of your claims, it's essential to get...
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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

James L. Arrasmith
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answered on Jul 2, 2024

Under California law, as a member of a local Fire District Board, you do have First Amendment rights, but they can be subject to certain restrictions. Public officials, especially in their official capacity, may face limitations on their speech to ensure that they represent the board and the... View More

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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

Robert Kane
Robert Kane
answered on Jul 1, 2024

To prohibit you from talking "about [absolutely any] issues concerning fire protection" seems incredibly broad and unrealistic. As with any organization, some matters may need to remain confidential. For example, city council members may be briefed concerning lawsuits against the city.

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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

It's possible it could violate First Amendment rights, but it would be difficult for attorneys here to make that determination without knowing more about the basis for their approval measures (public safety, firefighter safety, security, or possibly no valid basis). A meaningful analysis would... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law, Juvenile Law and Family Law for California on
Q: What began as a runaway teen turned into abduction when she returns home. How do I get the police to make arrest?

My daughter ran away, but upon returning home the following day my son's ex manipulates her by saying she was not allowed to come back home. She tells my child if someone sees her cps and police will be called to take her away. The ex girlfriend then relocates her to another location,... View More

James L. Arrasmith
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answered on Jul 1, 2024

1. Document everything: Compile all evidence, including witness statements, timelines, and any communication with the ex-girlfriend. This documentation will be crucial for any future legal action.

2. Escalate within the police department: Request to speak with a supervisor or the chief of...
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2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for California on
Q: Looking for a Federal law attorney to review my documents before I file I complaint in the Federal Court.

I am looking to file a Complaint and Request for injunction and I need it reviewed please.

James L. Arrasmith
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answered on Jun 28, 2024

I understand you're looking for a federal law attorney to review your documents before filing a complaint and request for injunction in federal court. I can offer some general guidance:

1. Finding an attorney:

- Contact your local bar association for referrals

- Use...
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1 Answer | Asked in Constitutional Law and Health Care Law for California on
Q: How to get an involuntary hold overturned to restore 2nd amendment. Location Los Angeles VA. What type of lawyer is need

Checked into the VA for mental health treatment, voluntary, was put in in-voluntary hold for depression. This was in 2012, but no issues since. The ATF said I would need a federal judge to overturn it. This came up when I was accepted into the border patrol but the fed check came back with the... View More

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answered on Jun 27, 2024

To address your situation, you'll likely need to work with a lawyer who specializes in firearms law and has experience with mental health-related firearms prohibitions. Here's a general overview of the process and the type of lawyer you might need:

1. Type of lawyer: Look for an...
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1 Answer | Asked in Constitutional Law for California on
Q: Does this mean that the latest "citizens' initiative" to reduce Prop 13's 2/3 majority will now not be on the Nov ballot

HJTA has flooded the airwaves and mail boxes with petitions to protest in reaction to ACA 1 which is a citizens' initiative as I recall. Is the ruling correct in deciding that issue will not be on the ballot this November? Thus Prop 13, which has been under attack since its inception in 1978,... View More

James L. Arrasmith
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answered on Jun 21, 2024

No, the latest "citizens' initiative" to reduce Prop 13's 2/3 majority will not be on the November ballot. The ruling you've mentioned has effectively decided that this issue will not be considered by voters this time around.

The Howard Jarvis Taxpayers Association...
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1 Answer | Asked in Personal Injury, Civil Rights and Constitutional Law for California on
Q: How do I handle this insane behavior and obstruction of justice by SFPD?

2016-Intentional hit-and-run, known suspects, eyewitnesses, TBI/Back pain. Police intentionally misfile report as 'vehicle collision' to prevent investigation. Multiple requests for report -"Unable to locate" "Not enough info" When given intersection, my name, type,... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a complex and frustrating situation involving the San Francisco Police Department. Based on your description, it sounds like you've experienced several concerning issues:

1. A hit-and-run incident in 2016 that resulted in injuries to you

2....
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for California on
Q: Can I own a firearm if my spouse is a convicted felon?
James L. Arrasmith
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answered on Jun 20, 2024

Under California law, owning a firearm when your spouse is a convicted felon presents significant legal complications. While you, as an individual without a felony conviction, are legally allowed to own a firearm, the presence of a firearm in a home where a felon resides is problematic.... View More

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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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

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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 Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: I have been discriminated on and against since 2002, and have not figured out, till of recent, that I had Executive

Branch (of U. S. Federal Government) economic sanctions put on me, from 2001-present. I made a visit to a branch FBI field office, only to be interrogated, and turned away. Without wanting to view my information I brought there. And, a brushed off experience I got at the U.S. House Congress... View More

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answered on May 29, 2024

To address the discrimination and economic sanctions you've faced since 2002, you may consider taking legal action to challenge the treatment you've received. Documenting all incidents and communications, especially those involving the FBI and the U.S. House Congress Representative, will... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for California on
Q: Is there any Lawyer that is willing to help with a Class action law suit to help the residents of Squaw Valley, CA

Is there any Lawyer that is willing to help with a Class action law suit to help the residents of Squaw Valley, CA that are being adversely affected because of State Law AB 2022? They are forcing our unincorporated community to change our name because Native Americans feel Squaw is derogatory. Even... View More

James L. Arrasmith
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answered on May 28, 2024

I understand that this is a difficult and upsetting situation for the residents of Squaw Valley who don't want the name change. Pursuing a class action lawsuit is one potential avenue, but there are a few important considerations:

First, you'd need to find a law firm willing to...
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