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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Can public courts disallow citizens to access information and take payments inside the building?

I want to pay in person I have had issues mailing payments.

"The First Amendment prevents the government from blocking access to certain information. This prohibition takes two forms: (1) the government cannot censor information or otherwise prevent people from accessing information,... View More

James L. Arrasmith
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answered on Feb 2, 2024

Public courts generally cannot disallow citizens from accessing information or making payments inside the building if it involves matters related to public records or essential government services. The First Amendment does protect the public's right to access information, and courts are... View More

1 Answer | Asked in Civil Rights, Education Law and Wrongful Death for Michigan on
Q: Are public universities obligated to discipline students who are involved in a matter that results in the death

Of another student? Are they required to investigate the matter?

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answered on Jan 30, 2024

Public universities in Michigan, like other educational institutions, have a responsibility to maintain a safe and conducive learning environment for their students. In cases where a student is involved in an incident resulting in the death of another student, universities typically have a duty to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may I determine that the records I seek fall under FOIA?

The vital records department has rejected every FOIA request I submitted. I'm perturbed about what records I may FOIA.

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answered on Jan 26, 2024

Here are some tips for determining if records fall under Michigan's Freedom of Information Act (FOIA) and can be requested:

- Review which public records are subject to disclosure under FOIA. This includes records prepared, owned, used, possessed, or retained by a public body in the...
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1 Answer | Asked in Child Custody, Civil Rights and Family Law for Michigan on
Q: Do I need to retain a civil rights attorney or file for grandparents custody or both? In what state?

I had my innocent and now scared and confused baby girl while traveling through MIchigan. All family and myself live in Ohio. Hospital said she had withdrawals 10 days after birth conveniently once cps went there. they Took temp custody. Did not offer any other option but foster care. After 6... View More

James L. Arrasmith
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answered on Jan 24, 2024

Navigating a situation involving child custody and child protective services across state lines can be complex and emotionally challenging. In your case, involving both Michigan and Ohio, it's essential to understand that child custody and welfare cases are generally governed by the laws of... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Michigan on
Q: Re on case papers on a dm case number what does that mean?
James L. Arrasmith
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answered on Jan 21, 2024

In the context of a legal case, "re" on case papers with a docket number typically stands for "regarding" or "in the matter of." It's used to indicate the subject or nature of the case. So, when you see "re" followed by a case number, it signifies that... View More

1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: What are my options when my FOIA request was approved, but not in my possession/delivered?

My first FOIA request was denied. Two years later my second FOIA request was approved 12-5-23 once I included I have a constitutional right to receive the information, however she said I had to pick it up. 1-9-24 I inquired why I haven't been contacted to pick it up, I was told that it was... View More

James L. Arrasmith
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answered on Jan 15, 2024

In your situation, where a FOIA (Freedom of Information Act) request was approved but the documents haven't been delivered as promised, you have several options to consider.

First, it's advisable to contact the agency that approved your request to inquire about the delay. Ask for...
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2 Answers | Asked in Civil Rights, Education Law, Juvenile Law, Libel & Slander and Internet Law for Michigan on
Q: My son got suspended for a YouTube video can I fight it

My middle child got suspended from school for his YouTube video. He made a song an posted it on YouTube I personally previewed the video and I didn’t see anything wrong with the video but the school suspended him and threaten to call the police for cyber bulling. The video was a distract on one... View More

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2024

Possibly, but you have to consider what it will cost you. One option is to try to arrange a free initial consult with attorneys to find out what it could cost to pursue. Such matters could involve speaking with students, reviewing videos, assessing school codes, etc. Attorneys don't generally... View More

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2 Answers | Asked in Civil Rights, Education Law, Juvenile Law, Libel & Slander and Internet Law for Michigan on
Q: My son got suspended for a YouTube video can I fight it

My middle child got suspended from school for his YouTube video. He made a song an posted it on YouTube I personally previewed the video and I didn’t see anything wrong with the video but the school suspended him and threaten to call the police for cyber bulling. The video was a distract on one... View More

James L. Arrasmith
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answered on Jan 23, 2024

In situations like this, it's important to understand the school's policies and the rationale behind your son's suspension. Schools often have codes of conduct that extend to students' online behavior, especially if it's seen to impact the school environment or other... View More

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1 Answer | Asked in Civil Rights for Michigan on
Q: What exactly is Title IX and how does it relate to colleges and universities?
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answered on Jan 2, 2024

Title IX is a federal civil rights law that was passed as part of the Education Amendments of 1972. It prohibits discrimination on the basis of sex in any education program or activity that receives federal funding. This includes most colleges and universities in the United States.

In the...
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1 Answer | Asked in Divorce, Civil Rights, Domestic Violence and Legal Malpractice for Michigan on
Q: My lawyer refused to submit my evidence during the entire process. The judge rendered the final "opinion. My husband's

Lawyer filed a clarification and prayer for relief. I need to submit my evidence. Can I do that? Is there a time limit? My final hearing is 1/8/23.

James L. Arrasmith
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answered on Dec 31, 2023

If you believe your lawyer failed to properly represent you by not submitting crucial evidence, this is a serious concern, particularly in a divorce case where such evidence can be critical. It's important to understand your options for addressing this issue.

The possibility of...
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1 Answer | Asked in Civil Rights for Michigan on
Q: My attorney made me go talk to the defendant’s attorney. Felt like they were just playing with. Do attorneys do that
James L. Arrasmith
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answered on Dec 23, 2023

In Michigan, it's not illegal for an attorney to advise a client to share evidence with the opposing party's attorney, especially in civil cases. This can be part of a strategy for negotiation or settlement. However, it's unusual for an attorney to ask a client to do this alone,... View More

1 Answer | Asked in Civil Rights for Michigan on
Q: My attorney had me go talk to the defendants attorney and show them my evidence. Is tha illegal

Was suing brother, my attorney, had me take the evidence to my brothers attorney, alone. Ended up firing my attorney, felt he was not doing anything for me. He never ever let me go to court and plead my case

James L. Arrasmith
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answered on Dec 23, 2023

In Michigan, it's not illegal for an attorney to advise a client to share evidence with the opposing party's attorney, especially in civil cases. This can be part of a strategy for negotiation or settlement. However, it's unusual for an attorney to ask a client to do this alone,... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: May I inspect a birth certificate before purchasing it?

Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?

What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?

James L. Arrasmith
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answered on Dec 9, 2023

Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More

1 Answer | Asked in Civil Rights for Michigan on
Q: Is it legal for the Wayne County Medical Examiner's Office to redact the Identification Data Sheets?

Parents are uniformed concerning who the person is on the Identification Data Sheet, is there a way to get the document unredacted in the interest of full disclosure and transparency?

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answered on Dec 5, 2023

In Michigan, the Wayne County Medical Examiner's Office may redact information from Identification Data Sheets for various reasons, including privacy concerns or ongoing investigations. It's important to understand that these redactions are typically made in accordance with... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Elder Law for Michigan on
Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf Matthew's mother against... View More

James L. Arrasmith
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answered on Nov 28, 2023

No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:

• The court has a responsibility to thoroughly...
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1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Probate for Michigan on
Q: How is it known to the public if court records are or files are sealed?
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answered on Nov 28, 2023

There is typically no way for the general public to know if court records or files have been sealed unless this is specifically disclosed by the court. Sealed records are, by definition, restricted from public access and inspection.

Instead, here is what generally happens when records are...
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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Do inmates have rights as far as HIPPA or privacy rights that guards are not allowed to share with people?

My brother is dating a girl that works in the jail my boyfriend is currently an inmate at. When my brother told her who my boyfriend was she shared a lot of information with my brother that was in my boyfriend's file, I feel this is at best unprofessional, but is there anything legally that... View More

Brent T. Geers
Brent T. Geers
answered on Nov 26, 2023

Without knowing what information specifically, it's hard to say. Some information on your boyfriend's file may also be public information, such as charges.

Might be unprofessional, at worse, but could be more. Larger issue is that unless the disclosure is something pretty major,...
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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Do inmates have rights as far as HIPPA or privacy rights that guards are not allowed to share with people?

My brother is dating a girl that works in the jail my boyfriend is currently an inmate at. When my brother told her who my boyfriend was she shared a lot of information with my brother that was in my boyfriend's file, I feel this is at best unprofessional, but is there anything legally that... View More

James L. Arrasmith
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answered on Nov 28, 2023

Inmates do retain certain privacy rights, including protections under the Health Insurance Portability and Accountability Act (HIPAA). HIPAA safeguards the confidentiality of medical information, which applies to individuals in correctional facilities as well. If the information shared from your... View More

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2 Answers | Asked in Gov & Administrative Law, Foreclosure and Civil Rights for Michigan on
Q: Hi, I’m having a hard time trying to hire an attorney, can I Represent myself in federal court
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answered on Nov 12, 2023

In Michigan, as in the rest of the United States, you have the right to represent yourself in federal court, a practice known as proceeding pro se. However, be aware that federal court procedures can be complex, and representing yourself requires a thorough understanding of both the relevant law... View More

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