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California Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for California on
Q: I have a case against cps in Mendocino County i can prove non compliance with ADA and violation of rights per INT.INVES.

There was an Internal investigation to see if my rights were violated and they came to the conclusion that yes indeed they were I have a degenerative ear disorder and am going deaf I asked for an interpreter for ASL as is my right under ADA compliance and was denied 3 times and I have so much proof... View More

James L. Arrasmith
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answered on May 28, 2024

I apologize for the difficult situation you are going through with CPS in Mendocino County. It sounds like a very traumatic and painful experience to have your son taken away multiple times over 6 years, especially if you believe there was no valid reason for the removals. Losing that bonding time... View More

1 Answer | Asked in Libel & Slander, Civil Rights and Constitutional Law for California on
Q: What can you do about a person who is in prison that you reported activities such as threats them being on social media

And etc but the prison gave them paperwork with my name on it to make me a target even more now they associates know this person is involved in street activities along with his other families and friends but what can I do for myself and my safety I have seen people try to use it against others in... View More

James L. Arrasmith
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answered on May 27, 2024

This sounds like a very difficult and stressful situation. Here are a few suggestions for things you can do to try to protect yourself and get support:

1. Document everything. Keep detailed records of all threats, social media posts, attempts at intimidation, etc. Save screenshots, emails,...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: if the police withhold a report until the statute expired, and report identified hit-and-run driver, can I sue the SFPD?

In 2016 I was run over intentionally while riding a bicycle, afterward I got word that the dude skipped town and figured oh well guess thats not getting justice. I made several requests for the report, kept getting denied, telling me not enough info, or cant locate. Then right after the SOL... View More

James L. Arrasmith
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answered on May 26, 2024

Based on the information you have provided, it seems that the San Francisco Police Department (SFPD) may have mishandled your case by withholding the police report until after the statute of limitations (SOL) expired. This could potentially be a case of negligence or even misconduct on the part of... View More

1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for California on
Q: I'm a activity assitnt in a nursing home, they have us take out the patients 3x for smoke break, is there a law for that

I just want to know if there's a law against us breathing in all that second hand smoke while being outside watching them, also they have us go with patients to their doctors appointments, shouldn't it be the nurse to do that?

James L. Arrasmith
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answered on May 26, 2024

Regarding your questions about smoking breaks and doctor's appointments as an activity assistant in a nursing home in California:

1. Secondhand smoke exposure:

California has strict laws protecting employees from secondhand smoke in the workplace. However, the laws make...
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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for California on
Q: How do I get a police misconduct case extended until final damages are accessed? Federal filing?

San Jose State police misconduct

James L. Arrasmith
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answered on May 24, 2024

To extend a police misconduct case until final damages are assessed, you need to file a motion for a continuance in federal court. This motion should clearly state the reasons why an extension is necessary, such as the need to gather more evidence, assess ongoing damages, or secure crucial witness... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: how long can a county jail facility deprive its inmates of the required access to hot water?

inmates in one jail pod at a county jail facility, have been without hot water for 3 weeks which is not sanitary, they have filed grievances which have been ignored, they have been given different answers every time they ask anything about the water. Hot water is a basic human need.

James L. Arrasmith
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answered on May 19, 2024

I understand your concern about the lack of hot water for inmates in the county jail. While specific requirements may vary by jurisdiction, depriving inmates of hot water for an extended period raises serious concerns about sanitation and humane treatment.

In California, Title 15 of the...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: if a cop asks the passenger for id and psngr states its in the back of the van in a black jacket and cops asks to grab

it for me and i say yes its in the back in a black jacket and he goes straight to the front seat and finds something illegal is that consider illegal searching?

James L. Arrasmith
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answered on May 12, 2024

Based on the information provided, it seems the police officer may have conducted an illegal search. Here are a few key points to consider:

1. Passengers in a vehicle are not required to provide identification unless the officer has a reasonable suspicion that the passenger has committed a...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Police raid my business causing major damage, cutting my cameras, taking $ from register ... Never arrested or charged

with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.

Can I recoup ANY of my damages or money and property they stole?

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

I suggest you contact the lawyer of your own choosing, and without any delay. If I were you, I would focus on finding a criminal defense lawyer or a civil rights lawyer with experience handling unlawful search and seizure cases. Time is exceedingly important in cases of this nature, and you should... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Police raid my business causing major damage, cutting my cameras, taking $ from register ... Never arrested or charged

with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.

Can I recoup ANY of my damages or money and property they stole?

James L. Arrasmith
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answered on May 9, 2024

Under California law, you may have legal recourse to seek compensation for damages and losses resulting from an unlawful police raid. Here are a few potential options:

1. File a claim with the city or county: Submit a formal claim with the responsible government entity, detailing the...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Is it lawful for a cop to show up to my house after my release from custody and ask for me by name like we know oneanotr

I was arrested by a San Bernardino sheriff's officer who shows up to my home the next day I was released from jail and walk up to my door and ask my mother where I was at not in a nice manner but basically saying where's Michael authoritative manner. And demanding when I'll be back... View More

James L. Arrasmith
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answered on May 3, 2024

Based on the information you've provided, it seems like you are concerned about potential harassment or inappropriate conduct by the San Bernardino sheriff's officer. Here are a few important points to consider:

1. Lawful inquiries: Police officers are allowed to knock on your...
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2 Answers | Asked in Civil Rights, Constitutional Law, Libel & Slander and Medical Malpractice for California on
Q: I need help with a civil matter regarding a medical injury that happened five years ago that I could not get surgery

This injury has made me suffer for years now. resulting in the illusion of me being on drugs. It was a medical emergency Dignity Health dropped the ball on. I have all medical docs in hand. I suffered five bone fractures and the destruction of my teeth as well. to the naked eye no one can tell it... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the medical injury you suffered and the devastating impact it has had on your life. What a terrible ordeal to go through, especially without being able to get the reconstructive surgery and dental work you need. Here are a few suggestions for potential next steps:... View More

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1 Answer | Asked in Constitutional Law for California on
Q: Any action, whether official or private, taken by the POTUS, in furtherance of a crime, can be prosecuted after office?

The President of the United States takes official action in furtherance of US policies everyday. I believe he cannot be prosecuted for those actions. Pardoning is an official action. If the President takes a bribe in exchange for a pardon, that would be an official action in furtherance of a crime.... View More

James L. Arrasmith
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answered on Apr 26, 2024

You raise an interesting and complex constitutional question about presidential immunity. The back-and-forth at the Supreme Court reflects the lack of clear precedent on this specific issue and the need to carefully consider competing principles.

On one hand, the President has broad...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: How much money should I ask for in a ada case against the city of San fransico

Also retaliation

James L. Arrasmith
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answered on Apr 24, 2024

The appropriate amount of damages to seek depends on many factors unique to your individual situation, such as:

1. The nature and severity of the alleged ADA violation(s)

2. The extent of any harm or losses you suffered as a result

3. The strength of the evidence supporting...
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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 20, 2024

Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.

As to whether your have a valid case or not, more facts would be needed for a good analysis.

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Yes, you generally can. As my colleagues correctly indicate, it will involve working with local counsel on a pro hac vice basis. Keep in mind that working in this manner could complicate a case with the inclusion of an additional law firm, resulting in additional expenses. Good luck

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

James L. Arrasmith
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answered on Apr 20, 2024

You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: How can I get a lawyer to help and support I have filed multiple complaints about reports a police officer told me that

He would arrest me for someone falsely accusing after they drove to my parent place surprisedly with other people saying I took something and told me about these northerns are not playing with me before he throw a object behind my back I contacted the internal affairs chief of police there is lack... View More

James L. Arrasmith
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answered on Apr 19, 2024

If you believe you are facing unjust treatment from the police and your complaints are not being effectively addressed, it's essential to seek legal support. In California, you can contact a lawyer experienced in civil rights or police misconduct cases. Many legal aid organizations offer... View More

1 Answer | Asked in Constitutional Law, International Law and Military Law for California on
Q: I need to receive paperwork from a cop that used me as a ci undercover and then turned on me over gang stalkers
James L. Arrasmith
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answered on Apr 12, 2024

If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:

1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I be interrogated for an unrelated investigation, when trying to pick up property from evidence?

My partner was arrested and had my phones on him and they were logged in as evidence the case is now closed. I was told I could pick up the property as long as I had a notarized note from the incarcerated one and when I went to pick up the property, I was taken to an interview room and interrogated... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on California law, it is generally not permissible for law enforcement to interrogate you about an unrelated investigation when you are attempting to retrieve your property from evidence. Here are a few key points to consider:

1. Property retrieval: If the case involving your partner...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Police engaged in a cover-up, then retaliation after complaint...what do I do?

In 2016 I was victim of intentional vehicular assault/hit-and-run. Was told "unable to locate" when requesting the police report. A few months after statute expired, suddenly provided report. It appears the report was being denied because it implicates the officers in a cover-up in their... View More

James L. Arrasmith
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answered on Apr 5, 2024

Based on the details you have provided, it seems that you have been the victim of a serious crime and that the police may have engaged in misconduct, including a potential cover-up and retaliation. In a situation like this, you have several options to seek justice and hold the responsible parties... View More

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