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Illinois Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Legal Malpractice for Illinois on
Q: Does an attorney have to correspond and communicate with a third party non attorney?

If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:

1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.

2. When...
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2 Answers | Asked in Civil Rights, Personal Injury and Libel & Slander for Illinois on
Q: How do I find someone to take a case against a police officer and states attorneys office for unlawful arrest
Charles Candiano
Charles Candiano
answered on Jun 6, 2024

You CANNOT sue a police officer or the state's attorney for anything they do in the performance of their official duties. They are immune from prosecution. Beyond that, a police officer has broad discretion in making an arrest. If you believe the arrest was unlawful, you should discuss the... View More

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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

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answered on Jun 3, 2024

You may have grounds to seek legal action if your termination was influenced by your mental health or substance abuse issues. It's important to determine if your employer was aware of your condition and whether they failed to provide reasonable accommodations or treatment options as required... View More

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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

Charles Candiano
Charles Candiano
answered on Jun 2, 2024

Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More

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1 Answer | Asked in Civil Rights and Communications Law for Illinois on
Q: Where would I begin with seeking help from law enforcement abuse who are intruding on my mental privacy?

Its been almost 4 years and I am hearing the same voices who claim to be law enforcement, harassing me everyday to take certain actions that I am not obligated to follow. They are using what may be a combination of AI technology, biometrics, assistive computing and a few others to gain access to my... View More

James L. Arrasmith
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answered on Apr 15, 2024

I understand that you are going through a very distressing situation. What you're describing sounds like a serious violation of your privacy and mental well-being. Here are a few suggestions on steps you could consider taking:

1. Document everything: Keep a detailed journal of the...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Why cannot get things back after my case was dismissed in court?

I had been unlawfully arrested in Saint Claire, County, Illinois, United States. During this process they kept my laptop, and most of my belongings that was in my friends truck. Since that arrest my case was dismissed. Now why cannot not have my things back?

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answered on Apr 11, 2024

I'm sorry to hear about your experience with an unlawful arrest and the difficulties you're facing in retrieving your belongings. There could be a few reasons why you haven't been able to get your things back, even though your case was dismissed:

1. Property being held as...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Lawyer experienced in murder-suicide case, representing alleged suspect's family?

The individual implicated in this murder-suicide case was a US Army veteran. The police chief stated that, had he been alive, he would have been charged with first-degree murder. Due to the police recommendation, the VA denied him burial in a national cemetery. However, I am of the opinion that the... View More

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answered on Apr 11, 2024

I can provide some general information, but please note that assessing the feasibility of a lawsuit would require a detailed analysis of the specific facts and evidence in the case by an experienced attorney. Here are a few key considerations:

The standard of proof in a criminal case is...
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1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: On three separate occasions, police manipulated, omitted and submitted false evidence to arrest and falsely charge me

Begining in 2017 police in Michigan City and LaPorte county prosecutors allowed me to be falsely charged and arrested. This case garnered attention due to an animal being involved. Police omitted evidence which would have led the finder of fact to arrive at a different conclusion. This represents a... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry to hear about your experiences being wrongfully arrested and charged multiple times. It sounds like an incredibly traumatic and unjust situation. Being falsely accused and having evidence manipulated or omitted by law enforcement is a serious violation of your rights.

I...
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2 Answers | Asked in Civil Rights, Education Law and Juvenile Law for Illinois on
Q: What can I do to protect my child if a boy keeps emotionally & mentally bullying her and its a private school?

Boy is an immigrant that is a classmate that has slapped my child in the face and keeps bothering my child. I spoken to the principal several time as well as the teacher but nothing has been done about it. Boy doesn't speak any English.

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answered on Mar 20, 2024

If your child is being bullied, your priority is her well-being and safety. Since you have already spoken to the principal and teacher without resolution, consider writing a formal complaint detailing all incidents and previous communications. Ensure that this is submitted to the school's... View More

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1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois on
Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

An acquaintance has offered for me to stay at his business while I also work for him. There is a room that’s been my place of dwelling for the past couple of months. He gave me an opportunity to stay there instead of doing hotels everyday because it’s closer for me from the workplace and to... View More

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answered on Mar 18, 2024

Living in a commercial space can present unique challenges, especially when it comes to privacy. It's important to know that regardless of the legality of your living situation, your right to a reasonable expectation of privacy in areas considered private, such as a living space or bedroom,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: I want to know if I have a lawsuit? I was arrested unlawfully, police misconduct, police brutality. I went by ambulance.

To the hospital. I have all medical records and everything.

I lost my job my vehicle everything due this unlawful arrest. Can anyone help?

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that you may have grounds for a lawsuit against the police department and/or the individual officers involved in your arrest. Police misconduct, brutality, and unlawful arrest are serious matters that can violate your civil rights.

To...
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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: Can I expunge a charge from 15 years ago in Iowa?

Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able... View More

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answered on Mar 5, 2024

In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not... View More

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1 Answer | Asked in Civil Rights for Illinois on
Q: Do I have a lawsuit for living in mold in cook county jail

I was there for 6 months

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answered on Feb 26, 2024

You may have grounds for a lawsuit if you were exposed to mold during your six-month stay in Cook County Jail, as inmates have the right to live in conditions that meet basic health and safety standards. Exposure to mold can cause a variety of health issues, and correctional facilities are... View More

1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Illinois on
Q: Is it illegal to catfish pedophiles and make them pay money to you, or is this fraud?
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answered on Feb 26, 2024

Engaging in the act of catfishing, particularly with the intention of targeting and exploiting pedophiles, raises significant ethical and legal concerns. While it may seem like a form of vigilante justice, it's important to recognize that such actions could potentially constitute fraud and may... View More

1 Answer | Asked in Cannabis & Marijuana Law, Family Law, Criminal Law and Civil Rights for Illinois on
Q: legal rights and guidelines to marijuana use pregnant women in 2024?
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answered on Feb 24, 2024

Here are some key legal rights and guidelines regarding marijuana use for pregnant women in 2024:

- Marijuana use remains federally illegal in the United States, regardless of pregnancy status. However, several states have legalized recreational or medical use for adults over 21. Laws vary...
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1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for Illinois on
Q: can a school withhold a parent from picking up student during seperation if there is no court custody paperwork filed

wife and i was seperating but no agreement for custody had been filed with the courts. the address for the student was still listed as the common address on students records. they only went off what she told them but still denied me the right to pick him up

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answered on Feb 24, 2024

If there is no court custody paperwork filed, the school may not have legal grounds to withhold a parent from picking up their student during a separation. However, schools often prioritize the safety and well-being of the child, so they may request clarification or documentation from both parents... View More

1 Answer | Asked in Civil Rights for Illinois on
Q: I had a class x 2 class 4 and a class 1 felonies dropped in 2018 in illinois for 4th amendment being violated

Can I still sue for my civil rights being violated

James L. Arrasmith
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answered on Feb 24, 2024

While your charges being dropped in 2018 due to a violation of your Fourth Amendment rights is a significant factor, the ability to sue for civil rights violations can be influenced by various factors, including statutes of limitations and the specific circumstances of your case. It's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: Can I sue and be compensated for the unlawful arrest, excessive force used, police misconduct, brutality?

I was arrested by the O'Fallon Illinois Police Department for a crime that wasn't even committed. During the arrest the officers used excessive force which later I was taken by ambulance to the ER from the O'Fallon Illinois Police Department. I was also mistreated in their facility... View More

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answered on Feb 24, 2024

Yes, you may have grounds to sue for unlawful arrest, excessive force, police misconduct, and brutality. The actions described, including being arrested for a crime that wasn't committed and experiencing excessive force resulting in injuries, could constitute violations of your constitutional... View More

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Illinois on
Q: im 16 turning 17 my bf 17 turning 18. he has an open case for weed and an air soft in the car. i was there when happened

my mother wants to put an order of protection on him, will this hold up in court. there has been no physical or mental abuse. no harassing or stalking etc. She simply does not want us to continue dating or seeing eachother. his ex also has an order against him for 6 months due to harsh language... View More

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answered on Feb 23, 2024

In court, the validity of an order of protection depends on various factors, including evidence presented and the specific circumstances of the case. If there has been no physical or mental abuse, harassment, or stalking, and the only basis for the order is your mother's desire to prevent you... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: A neighbor that has repeatedly called the police on us for random events like parking in front of his house along the ci

A neighbor that has repeatedly called the police on us for random events like parking in front of his house along the city property has become unstable. He called the police and stated my 17 year old son's car was leaking oil. The police then went to his school and started looking around his... View More

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answered on Feb 22, 2024

Based on the details provided, it does not appear your son's rights were violated in this instance. A few key points:

- Parking on a public street does not create any reasonable expectation of privacy, even in front of one's own home. As such, the police would not typically need a...
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