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Massachusetts Civil Rights Questions & Answers

1 Answer | Asked in Civil Litigation and Civil Rights for Massachusetts on

Q: Difference between false arrest and false imprisonment?

Hello,

I filled a lawsuit because I was detained by security guards after I was accused of sleeping on a couch and therefore 'trespassing' and 'stealing' there was no evidence to support this and the company never proved their claims nor was I charged by police.

I attempted to... Read more »

Gary Kollin answered on Jan 31, 2019

It is amazing what you can find on the internet by googling

https://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html

1 Answer | Asked in Bankruptcy, Civil Litigation and Civil Rights for Massachusetts on

Q: Auto Dealer Bankrupt | Did not deliver the car not giving the money back

Hello All,

My Sister who is doing her masters here in USA, She applied for a car loan and received a bank cheque. We ha

Timothy Denison answered on Jan 7, 2019

What is the question?

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Massachusetts on

Q: Can my employer mandate that I sign a release of all claims because I filed a charge of discrimination with the EEOC?

I do not agree with a single part of the settlement agreement and I do not want to lose my rights to sue. Can my employer terminate me if I refuse to accept and sign the release of claims.

John Espinosa answered on Mar 24, 2018

Is your employer asking you to do this as part of a settlement of your claim? If so, then it is up to you whether or not the settlement is worth signing the release and withdrawing your claim.

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1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Massachusetts on

Q: Can I sue?

I work for Amtel and they told me because I called out twice because the first time I went to the clinic do to high blood pressure and I’m diabetic so my sugar was really low the second time was because I got sick with strep and fever and because of my fever I had a really high blood pressure... Read more »

Jonathan R. Roth answered on Jan 30, 2018

Contact an attorney who specializes in suits under the American's with Disabilities Act. You can call the Boston Bar Association or the Massachusetts Bar Association for a free referral. It would seem that the Company has terminated you for an invalid reason. One issue is however if you were a... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Civil Rights for Massachusetts on

Q: I’m getting a divorce. Is my partner responsible for half of my students loans I just acquired 3 months ago?

I just finished my associates degree and I would like to know if my partner should pay for half of my loans.

Lillian J. LaRosa answered on Jan 24, 2018

The factors on property division are also applicable to debt division. Without knowing the circumstances and the duration of the marriage it is not possible to respond other than that if divorce was already contemplated when the educational program was commenced, that it may be unrealistic to... Read more »

1 Answer | Asked in Civil Rights and Education Law for Massachusetts on

Q: can someone at my school or the police search my bag without a warrant

Also there is a school resource officer at my school

John Espinosa answered on Oct 22, 2017

Because of the lower expectation of privacy that students have in schools, school officials need only have "reasonable suspicion" to conduct a search of a bag a student brings to school, not a warrant. This document summarizes the applicable laws (but it is several years out of date, there is more... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Massachusetts on

Q: If i have a clearly displayed sign that i am video and audio recordingmy presence, in public, is that ok?In MA, RI.?

Are there only vague laws or are there definitive laws that exist?

Ali Shahrestani, Esq. answered on Jul 2, 2017

Where are you recording this? Where is the sign? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Social Security for Massachusetts on

Q: I am 19 years old and I am currently going to school in Massachusetts, and I used to live in New York.

When I started school my mother disowned me and is holding my birth certificate, social security card, and my passport hostage and won't give them to me. is there anything i can do to get them back

Ali Shahrestani, Esq. answered on Jun 29, 2017

If she doesn't give them to you, you can file for new ones. It is a federal crime to withhold such documents of yours. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... Read more »

2 Answers | Asked in Civil Rights, Family Law, Juvenile Law and Patents (Intellectual Property) for Massachusetts on

Q: Where can I turn for real help with an out of control 12 year old when the police wont help?

He has physically hurt his 8 year old brother. He doesn't listen to his father or me. Yells at us, hits walls, throws things and does as he wants.Leaves thw house when he wants, tells us he isnt doing chores becuase he isnt a slave. I am scared of him, what he can do to me and my yougest son. I... Read more »

Ali Shahrestani, Esq. answered on May 27, 2017

Perhaps therapy is the answer. You and your husband may start with a therapist to learn how to deal with this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... Read more »

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1 Answer | Asked in Civil Rights for Massachusetts on

Q: Is it legal to keep two people who love each other apart?

Hey, im on exchange in the US with a program that has a rule and thats no dating. But im dating a girl in Vermont and im in Massachusetts. She's 18 and im 17. They told us we couldn't see each other any more and im wondering if that is legal or not for them to keep us apart?

Ali Shahrestani, Esq. answered on Apr 18, 2017

It depends on whether you're interacting sexually, since sex with a minor is illegal.

See: http://www.aeesq.com/criminal-defense-lawyer/sex-crimes/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
Read more »

1 Answer | Asked in Civil Rights and Health Care Law for Massachusetts on

Q: Can reasonable accommodation include religious setting for school tutoring

Ali Shahrestani, Esq. answered on Mar 27, 2017

As in requiring a public school to set up a special church for you to study in? No, that would violate the Establishment Clause. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Massachusetts on

Q: Can i ask for a continuance on a case eviction if the town getting ready to deem the house condemned due to the sepetic

They have 5 health violations and have not fixed them. The town is taking to court on those as well. Plus defamation of character to us. They lied to the town saying we are threating them and they need escorts to property. There is a ton of thing wrong here but i dont want to spend money just to be... Read more »

Ali Shahrestani, Esq. answered on Mar 12, 2017

Why would you want to live in a condemned house? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Massachusetts on

Q: To get a preliminary injunction (relief) in Federal District Court pro se what are 5 things I absolutely must get right?

The case involves civil rights, housing discrimination, a sick (heart attack) disabled veteran and his spouse (both indigent) and the Due Process clause of the 14th Amendment.

Ali Shahrestani, Esq. answered on Mar 6, 2017

See: http://www.americanbar.org/publications/insights_on_law_andsociety/14/winter-2014/understanding-injunctions.html

See: https://www.law.cornell.edu/rules/frcp/rule_65

See: http://www.flmb.uscourts.gov/judges/tampa/mcewen/Corcoran_Article_on_Preliminary_Injunction.pdf

More...
Read more »

1 Answer | Asked in Employment Law and Civil Rights for Massachusetts on

Q: Equal facilities within the workplace.

I have worked in the same job for 20+ years The male employees have, and have had a changing/ workout and showering area. Female employees, having no private area, they complained and were given a public bathroom with a sign put on the door and now a lock on it. Complaints are still being made as... Read more »

Ali Shahrestani, Esq. answered on Dec 11, 2016

This may evidence gender-based discrimination at your place of work. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... Read more »

Q: I was terminated from my job is this legal and or fair

I was recorded talking about my boss and did not know ! also they said there firing me as an example! i was never ever given a verbal warning or written in the 20 yrs worked there, when all other people get warnings

Nan Evans answered on Oct 10, 2016

It certainly sounds unfair, which does not necessarily make it illegal. I would need more information about the overall situation before answering about the legality. For example, did people get warnings for talking about the boss or for other types of "misbehavior?" Did you know you were being... Read more »

Q: Can a person file a claim only against the types of discrimination enumerated in the act against discrimination?

For example the MGLs against discrimination prohibit discriminating against a person on the basis of color, national origin, religion, sexual orientation, age, gender, marital status...etc

but there are cases when the discriminatory behavior is strongly and obviously manifest yet it is... Read more »

Peter N. Munsing answered on Aug 7, 2016

Not enough information to tell. Suggest you talk to a member of the Mass Academy of Trial Lawyers who handles the area

involved (employment, education, putlic access, etc). They'll give you a free consultation.

1 Answer | Asked in Medical Malpractice, Civil Rights and Personal Injury for Massachusetts on

Q: How much can you get in a police department lawsuit for not getting your medication while incarcerated?

Marshall Jason Ray answered on Apr 29, 2016

You should meet with an attorney in your state to assess the strength and potential value of your specific case. Settlement or judgment values are unpredictable and are based on many factors, including the overall strength of the case and the extent of the injuries that you suffered.

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