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Iowa Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Iowa on
Q: canI be out on a PIP right out of FMLA with no summative evaluation? WITH ada papers filed?

I am an assistant principal in Virginia and I have bipolar disorder. Due to work stress and changed in my medication, I had a major manic episode in April 23. They slapped me on a plan upon my return to work. I was not informed in writing or verbally that I had 15 days to rebut and I had to demand... View More

James L. Arrasmith
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answered on Jul 21, 2024

Navigating your situation can be complex, especially given the specific circumstances and legalities involved. First, it's important to understand that being placed on a Performance Improvement Plan (PIP) immediately after returning from FMLA, especially without a proper summative evaluation,... View More

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Constitutional Law for Iowa on
Q: I was served a writ of Replevin on my vehicle 2 days prior to the recover company breaching the peace and no due process

I have a very strong case to defend and not getting any answers now for 7 weeks.

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answered on Jul 21, 2024

If you were served a writ of Replevin for your vehicle and the recovery company breached the peace, you have grounds to defend your case. The breach of peace during repossession is a significant issue, as it violates your rights. You should document any evidence of this breach, such as witness... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Iowa on
Q: Can I wear an anti-LGBTQ shirt at a public university?.

Can I wear an anti-LGBTQ shirt that states something along the lines of "Trans people are not real. They are just pretending to be the opposite gender or are men in dresses and are not women" at a public college like Iowa State University without consequences? I wouldn't technically... View More

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answered on Jun 29, 2024

This question touches on complex issues of free speech rights and university policies. Here are some key points to consider:

1. Public universities, as government institutions, generally must respect First Amendment free speech rights. This means they have limited ability to restrict...
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1 Answer | Asked in Civil Rights for Iowa on
Q: what should I do if the chief of police is refusing to return My cell phone but claims to have a warrant
James L. Arrasmith
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answered on Jun 21, 2024

If you're facing a situation where the chief of police is refusing to return your cell phone and claims to have a warrant, here are some steps you should consider:

1. Request to see the warrant: You have the right to ask to see the warrant. If they have one, it should specify what...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Iowa on
Q: In iowa. When I help close store, im being told to clock out. But they won't let me leave, until other worker is done?

Is it legal to make me stay unpaid?

James L. Arrasmith
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answered on Jun 3, 2024

It's not legal for your employer to require you to stay at work without paying you. If you're being told to clock out but are still required to stay and perform work-related tasks, this is considered "off-the-clock" work, which is illegal under the Fair Labor Standards Act... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Iowa on
Q: I need assistance to get my God son to either my care or "?". Crupt CPS and DHS here in Hamilton county Iowa

i am a god parent and mentor for my best friends son he 14 years old .dhs an cps kidnapped him from home under faules accusations he has been bounced around from foster care to foster care . he has slight case of Autism hes very intelligent and know whats going on . He has told his lawyer and dhs... View More

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answered on Jun 1, 2024

It sounds like you are deeply concerned about the well-being of your godson and want to provide him with a safe and loving environment. To address this situation, you may need to take several steps to advocate for his best interests. Start by documenting everything, including your godson's... View More

1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: If I go to jail for a warrant an they find paraphernalia an don't charge me with it and weeks later so they're are
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answered on Apr 6, 2024

If you are facing potential charges, the best thing to do is consult with a criminal defense attorney who can advise you on your specific situation and legal options. An attorney can review the details of your case and help protect your rights. In general, if you are concerned about outstanding... View More

1 Answer | Asked in Criminal Law, Child Support and Civil Rights for Iowa on
Q: If I go to jail for a warrant an they find paraphernalia and weeks later say they're going to charge me for with it
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answered on Apr 6, 2024

If you were arrested on a warrant and the authorities found drug paraphernalia in your possession during the arrest, they have the right to charge you with possession of drug paraphernalia in addition to any charges related to the original warrant. The timeline for filing these additional charges... View More

1 Answer | Asked in Employment Law and Civil Rights for Iowa on
Q: My current job is denying me opportunities to advance or make more money.

Started with my current employer on 3/29/21. I am trained to do a higher-paying job however, when the opportunity comes up I am replaced with a new employee even though I have seniority. This has happened 3 times on the line that I currently work on. I decided to bid to another job to get away... View More

James L. Arrasmith
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answered on Mar 23, 2024

It sounds like you're experiencing significant challenges at your workplace, especially with career advancement and training opportunities. This situation can be frustrating, particularly when you feel ready and capable of taking on higher-paying roles. It's important to recognize that... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: unlawful entry by an officer who then later made false statement to CPS worker

2 officers came to daughters house..male on porch at door, female out on sidewalk pacing..he stated had a call in complaint, I wasn't being detained or under arrest, just wanted to ask question...I stepped out on porch shut door...answered male officer truthfully and honestly, female officer... View More

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answered on Mar 15, 2024

It's important to address this situation by gathering all available evidence, including the video your daughter recorded and any documentation from CPS. Document your interactions with the officers and CPS, noting dates, times, and details of the conversations. This information will be vital... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Iowa on
Q: If I want to file harassment charges on someone even if it's not physical to the police not have to file those charges?

I have no contact order with my husband. His girlfriend and his family are constantly harassing me filing false CPS reports. False welfare checks and every time it is proven that they lied nothing's ever done. However, I wanted to file a report and the sheriff told me there's two types of... View More

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answered on Feb 25, 2024

When you're facing harassment that's not physical, such as filing false reports or other actions aimed to annoy or intimidate you, it's understandable to seek help from law enforcement. While the sheriff indicated that what you're experiencing falls under "annoyance"... View More

1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: In the state of Iowa, is a search warrant application that is signed by a judge , public record, or enterd into docket?
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answered on Feb 24, 2024

In the state of Iowa, search warrant applications that are signed by a judge are typically considered public records. These records are generally entered into the court docket or case file associated with the specific search warrant. As public records, they are subject to disclosure under... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Iowa on
Q: Is there any aggressive attorneys that will take on police misconduct in iowa. "Dismissed in the interest of justice"-DA

I was stopped in pdc, wi, arrested on unknown warrant, charged with 4 felonies and 1 mis, extradited 15 miles to Clayton county, IA, charged with 1 felony, $10,000 cash only nationwide extraditable warrant for less than $100 in dope that I wasn't home when "buy" happened, first... View More

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answered on Feb 23, 2024

It sounds like you've been through a challenging and unjust situation involving law enforcement. It's crucial to find a competent attorney who is experienced in handling cases of police misconduct and civil rights violations. While I can't recommend specific attorneys, you may want... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Iowa on
Q: I want my kids and my house I don’t deserve this he does

i I have been with my husband 15 years married ten. The last two he started being abusive and I filed for a protective order against him. He didn’t obey the orders so I left the house and tried to get on my feet starting at the bottom. I got a 1 bd apt and he won’t let me see the kids he says... View More

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answered on Feb 4, 2024

I'm sorry to hear about your difficult situation. In cases of domestic violence and child custody disputes, it's important to prioritize the safety and well-being of both you and your children. You have rights in this situation, including the right to seek legal help.

You may want...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Gov & Administrative Law for Iowa on
Q: Were my rights violated? cops beat me like it was a gang initiation & injected me with ketamine. I stopped breathing.

In Omaha I got into it with the bouncers and the cops came. I was drunk. The cops ended up beating & choking me till my head n lips were blue n purple. half of it on video. They were beating on me with their fists hitting me in my head repeatedly. They did everything to me except shoot me taze... View More

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answered on Jan 28, 2024

Based on the details provided, it does sound like there could have been violations of your rights and excessive use of force by the police officers. Some key things to consider:

- The repeated beating and choking clearly seems excessive, especially once you were subdued and not posing an...
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1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: Is this possible ? I sat in county jail 8 months on a $100.000 cash only bond fighting my case to trial .

I had a strong case with witnesses one which was there during the traffic stop and even claimed the drugs found because they were his but he was released n I was arrested ( so much involved not enough room to text) and had cop cam to prove alot of the wrong doing n violations of my rights . I... View More

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answered on Jan 24, 2024

Your situation raises concerns about the handling of your case and the legal advice you received. It's not uncommon for cases to be resolved through plea agreements, even on the day of trial. However, the decision to accept a plea should be based on a thorough understanding of your case, the... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Iowa on
Q: Can you go sue people for workplace bullying? Like they are constantly trying to get me upset to make me feel worthless.

They will push me of saying stuff to me to make me upset and if I slightly raise voice I get accused of yelling, but they do it to me and HR told me to ignore them if they do it to me, I am not to do it to them ever again or I am fired. They lie about it they wait till boss is gone to do it. they... View More

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answered on Jan 21, 2024

In the United States, there is no specific federal law that addresses workplace bullying as a standalone issue. However, if the bullying is based on your race, color, religion, sex, national origin, age, disability, or genetic information, it might fall under the purview of federal... View More

1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: Can a male officer put his hand in a detained woman’s pocket during a traffic stop in Iowa?

I was pulled over for a busted tail light and apparently my license was suspended, 2 male

Officers detained me, hung up my phone which was on a call with my mom, and searched in my pockets and up the bottom of my pantlegs.

T. Augustus Claus
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answered on Jan 1, 2024

During a traffic stop in Iowa, law enforcement officers are generally permitted to conduct a search of your person if they have reasonable suspicion or probable cause. However, the extent of the search must be reasonable and related to the circumstances at hand. While a search of pockets is not... View More

1 Answer | Asked in Banking, Civil Litigation and Civil Rights for Iowa on
Q: Am I entitled to money on a joint account that was closed and taken out without my knowledge?

I had an account as a minor with one parent that had money coming in from social security from the death of my other parent. This account was closed after my 18th birthday with no money. Am I able to get any of the money back that my one parent took out of it?

James L. Arrasmith
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answered on Dec 27, 2023

In Iowa, if you had a joint account with a parent that was closed and emptied without your knowledge, particularly after turning 18, your entitlement to the funds depends on several factors. Joint accounts typically grant equal rights to all account holders, meaning either party can withdraw funds... View More

Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest

I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer... View More

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answered on Nov 16, 2023

To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your... View More

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