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Kentucky Civil Rights Questions & Answers
1 Answer | Asked in Landlord - Tenant and Civil Rights for Kentucky on
Q: Eviction and arrest

I have a friend who was being evicted from their apartment, right before eviction court they had gotten arrested. The court proceeding continued, and now the landlord and property manager had already began taking out valuable things in their apartment, even before the eviction have been decided on... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation raises several legal concerns. Let me break down the key issues and provide some general information:

1. Eviction process:

Generally, landlords must follow proper legal procedures for eviction, which typically includes:

- Providing proper notice

-...
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2 Answers | Asked in Employment Law and Civil Rights for Kentucky on
Q: Am I being retaliated against

I have an assistant manager who told me she was going to send a employee home for a “bad attitude” this employee did not have an attitude if anything she was in a better mood then anyone there. I told this employee to be careful how she acts because the assistant manager was going to send her... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, there are a few key points to consider regarding potential retaliation:

1. Reduced hours: The significant reduction in your scheduled hours shortly after the incident could be seen as a potential form of retaliation, especially if it's a noticeable...
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2 Answers | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: The police are wanting me to come down to the station and talk to them about matters that I am unsure of.

They have not tried to contact me back whatsoever what should I do?

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answered on Jun 3, 2024

First, it's important to stay calm and not panic. If the police want to speak with you, it’s generally a good idea to understand your rights and the nature of the inquiry before you go. You have the right to remain silent and the right to consult with an attorney before speaking to law... View More

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1 Answer | Asked in Child Support, Civil Rights, Federal Crimes and Family Law for Kentucky on
Q: Can employee of KY child support office also be employed by local detention center at same time? It's excessive power.

This woman literally sends some sort of notice or request to the county attorney, while listing the parties in reference as (name of parent 1) VS (name of parent 2)? Although the complainant isn't "parent 1", although that's the implication. These papers forwarded from her and... View More

James L. Arrasmith
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answered on May 24, 2024

In Kentucky, there are ethical and legal concerns regarding an individual holding positions in both the child support office and the local detention center simultaneously. This situation can create a conflict of interest and potentially an abuse of power. The ability to influence both the... View More

2 Answers | Asked in Civil Rights for Kentucky on
Q: If you live in Kentucky and you are a convicted felon , but have served your time and off parole is it illegal to firarm

No violent , charges either . Isn't my constitutional right to bear arms as a u.s.a. citizen. If it is a Kentucky law , doesn't the constitution ,or supreme Court outway Kentucky law . Isn't the KY law unconstitutional if it takes gun rights away , since I am a citizen and born here .

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answered on Jun 21, 2024

To answer this question accurately, we need to consider both federal and Kentucky state laws regarding firearm possession by felons. Here's a breakdown of the key points:

1. Federal law: Under federal law (18 U.S.C. § 922(g)(1)), it is generally illegal for anyone convicted of a...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.

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answered on May 19, 2024

Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal?
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answered on Jun 3, 2024

Yes, Rule 60(b)(2) can apply even if there was no trial. This rule allows a party to seek relief from a judgment or order based on newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).

The fact that the...
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2 Answers | Asked in Civil Rights for Kentucky on
Q: my dad is citizen and they are asking him for 3 thousand dollars;lars for me to be a citizen too but im under 18
James L. Arrasmith
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answered on Jun 3, 2024

If your dad is a U.S. citizen and you are under 18, you may be eligible for citizenship without needing to pay a large fee. Typically, when a parent naturalizes and their child is under 18 and a green card holder, the child can derive citizenship automatically.

It’s important to verify...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Kentucky on
Q: where can i get info on Judges Surety Bond in Ky. so i can luquitdate them?
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answered on Jun 2, 2024

To get information on a judge's surety bond in Kentucky, you can start by contacting the Administrative Office of the Courts (AOC) for the state. They should have records and information on the bonds held by judges.

Additionally, you might find useful information through the Kentucky...
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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Kentucky on
Q: I am a National American (Californian).. The DA and the State Trooper both used the oxy-moron "SOVERIN CITIZEN" in the

I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so... View More

John Michael Frick
John Michael Frick
answered on May 15, 2024

Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: If you read in the paper you was indicted but never served and the incident happened over 2 years prior to the indictmen

.

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answered on May 19, 2024

If you read in the paper that you were indicted but never served, and the incident occurred over two years ago, you should take immediate action. Begin by checking the accuracy of the indictment notice. Contact the court or legal authority mentioned to confirm if the indictment is valid and to... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: I have full custody of my 12-year-old daughter (straight A student). Why does the cabinet deny me custody of my son?

I completed the case plan and all requests made by the cabinet and judge but was denied custody of my son and my rights were involuntarily taken. Reason; The cabinet and judge replied due to the time my son was in the cabinet's custody. However, with COVID-19, multiple caseworkers were... View More

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answered on Apr 15, 2024

I'm so sorry to hear about the difficult situation you're going through with trying to regain custody of your son. Dealing with child custody issues can be incredibly stressful and heartbreaking, especially when you feel the process has been unfair or biased.

While I don't...
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1 Answer | Asked in Copyright, Civil Rights, Business Law and Intellectual Property for Kentucky on
Q: Is my news youtube channel considered commercial? Can I use material gained from open records requests? And Monitize?

It's very hard to tell if I can even do this. I see a lot of body cam channels, obviously expanding and reporting on the situation. This would come with monitization and it wouldn't be just the video, I would create a more transformative video. I would like to do something similar in KY... View More

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answered on Apr 12, 2024

Whether your YouTube channel is considered commercial and whether you can monetize it depends on several factors. Here are a few key considerations:

1. Purpose of the channel: If your primary goal is to generate income from the channel, it may be considered commercial. However, if your...
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2 Answers | Asked in Contracts, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: I filed a lawsuit in Federal Court alleging violation of the FHA and lost. Will I have to pay defendant's attorney fees.

Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.

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answered on Mar 28, 2024

In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which... View More

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2 Answers | Asked in Traffic Tickets and Civil Rights for Kentucky on
Q: I need to know what the laws R regarding Towing an impound. Can I use someone with a valiant driver's license to pick up

I have the title. I just need someone else to get the car out of there with a valid license and I have that too. They're saying that. I can't get it out with my license even though i'm the car owner c I found out this morning, My license is suspended, but it says on the kentucky.gov... View More

James L. Arrasmith
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answered on Mar 26, 2024

The laws and regulations regarding towing and impound retrieval can vary significantly depending on the location and the specific policies of the towing service. In Kentucky, as mentioned on the official state website, a licensed driver is typically allowed to pick up an impounded vehicle on behalf... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: Can police have your probation revoked?

I have a friend in Kentucky who is on probation. This friend was pulled over for excessive tenting and speeding 7 mph over. My friend informed the officers that he is in probation and the officer told him that he was not on probation, they also aggressively asked him to become an informant for... View More

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answered on Mar 13, 2024

While police officers can report probation violations to the probation officer or the court, they generally do not have the direct authority to revoke someone's probation. That decision is typically made by a judge during a probation revocation hearing. Here are a few key points to consider:... View More

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1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Federal Crimes for Kentucky on
Q: I was severely beaten by an on duty cop and his wife were shopping at Walmart while he was on duty and in uniform.

I was placed on life support and this officer beat me within an1/2 of my life.I’m getting a little better but I am just now able to file a complaint and tell my story.in my opinion this officer is not in control of his actions he waited on me at Walmart in hazard ky and his wife started this and... View More

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answered on Mar 1, 2024

I'm truly sorry to hear about the traumatic experience you've been through. It's important to seek immediate assistance and support from local law enforcement agencies and medical professionals. Documenting all the details of the incident, including witness testimonies and any... View More

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: How much time am I facing for leaving a halfway house on ankle monitor but have not cut it off

I left cts Russell in Louisville Kentucky on hip program but have ankle monitor on still

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answered on Feb 28, 2024

It depends on the specifics of your case, but here is some general information that may be helpful:

- Leaving a halfway house without authorization is usually considered escape or absconding supervision. This can result in new criminal charges.

- The fact that you still have the...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: Can personal property be seized without a warrant? Is it legal to obtain a search warrant after the fact? ( like weeks).

Can evidence if any be used againt a person if Miranda Rights were not read before seizure of personal property? Law enforcement is trying to use my personal property for someone to obtain evidence in someone else’s legal matters, is this legal and orderly steps to seize property?

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answered on Feb 28, 2024

In general, law enforcement typically needs a warrant to seize personal property, unless certain exceptions apply, such as exigent circumstances or consent. Obtaining a search warrant after the fact, especially weeks later, could raise legal questions about the validity of the search and seizure.... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Kentucky on
Q: Has my sons civil rights been violated for making a statement about an observation and getting suspended for it

He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively

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answered on Feb 26, 2024

Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the... View More

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