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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Admiralty / Maritime, Civil Litigation and Civil Rights for Michigan on
Q: Is there a federal rule or code which prevents altering a settlement agreement that was put on record?

I entered into a settlement agreement, placed on record with a US magistrate judge. The government has written up a proposed stipulation. It has several pages of legal jargon and agreements that are not on record, and I do not agree to. I refuse to sign. He filed a motion to enforce the settlement,... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

The issue is whether what was placed on the record and presented in writing is substantively the same. Often times, what is placed on the record is material terms of the agreement; the written agreement will contain the additional "legalise" that make it all work. Unless you can show a... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can police personnel files be exempt from a FOIA request? I requested a officers personnel file and was denied.

MCL 15.243 sec 13 (1 ,s, ix) was used as reason for denial.

James L. Arrasmith
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answered on Mar 2, 2023

It is possible for police personnel files to be exempt from a FOIA request depending on the specific laws and regulations of the state in question. In Michigan, MCL 15.243 sec 13 (1 ,s, ix) allows for exemption of certain information from public disclosure, including "[p]ersonnel records of... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Would the rulling on warren v. District of Columbia make seatbelt laws unconstitutional therefore illegal?
James L. Arrasmith
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answered on Mar 2, 2023

No, the ruling in Warren v. District of Columbia does not make seatbelt laws unconstitutional or illegal. Warren v. District of Columbia is a case that involved a failure of the police to provide adequate protection to citizens, and the court held that the police do not have a constitutional duty... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: The officer said he saw a Needle cap in my car and this was why he had reasonable suspicion to search the car

drugs found in a pill bottle in a purse and make up bag. I was the passenger of the vehicle and the driver had 2 Xanax on him. The car was mine. The needle cap is not in evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 7, 2022

Had to say without reviewing the complete record of the stop and what else was going on with the driver. May be ripe for a motion to suppress. The fact the car was yours doesn't necessarily mean anything since you weren't driving.

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... Read more »

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

You may be able to work with an employment law attorney on a contingency basis, meaning that if you win the case or are able to settle, the lawyer's fees come out of the money awarded to you, but if you lose in court, you don’t owe the lawyer any fees. You may have a case that a... Read more »

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

Best thing to do would be to call your local legal aid office and let them tell you whether it's something they would accept.

Generally, legal aid offices do not take "fee generating" cases. Think cases that lawyers would typically take on a contingency fee basis; yours is...
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1 Answer | Asked in Civil Litigation, Education Law, Personal Injury and Civil Rights for Michigan on
Q: Is there case law on the responsibilities of teaching staff during a fire?

Must staff make an effort to guide each student to safety? What if a false alarm is the source of the fire emergency? May the teacher or parapro leave a disabled student in a precarious position during a false alarm?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2022

A MIchigan attorney could advise best, but your question remains open for two weeks. There probably is case law, but maybe not on the level of specificity described in your post. You might find a greater level of detail in standard operating procedures for the district or the school - manuals for... Read more »

1 Answer | Asked in Foreclosure and Civil Rights for Michigan on
Q: Bondsman stole car and didn’t take off balance now house is going to auction for 6490 by September 29 on a zero charge

Inowed 2000 for a 20000 bond that I put. Y house up for the charge was dropped shortly after I bonded out but I owed the 2000 still about a month after I got out w no contact the bondsman came and took my 2008 Jeep Patriot 4x4 he said that he would notify me of the remainder balance after he sold... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Get a lawyer as soon as possible regarding the house auction. There should be a court file number, and documents may indicate a lawyer who represents the bondsman, whom you should contact regarding payment.

As to the car, it's likely as part of the bond contract, you signed over title...
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1 Answer | Asked in Civil Rights for Michigan on
Q: Who should I contact if my grandmother is calling me a fool for praying aloud to God?

She also has the owner of Galesburg speedway aka my cousin here trying to expose any and every thing he can ever dig up convince people to lie about or whatever to harass me for my religious beliefs.

Brent T. Geers
Brent T. Geers
answered on Sep 8, 2022

I do not believe there is anyone to report this to. If you are a minor, and in your grandmother's care, then you should talk with an adult at your school. If you are an adult, then you need to make a decision as to whether this relationship is worthwhile or beneficial. You can choose to... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What law or title in the civil rights act protects me against discrimination from the friend of the court office?

I was looking at title vi information but as far as I know that framework is mainly for programs that accept federal assistance not so much referring to the employees of government offices. I do believe my investigator discriminates on gender and race. I know most times people are just being bitter... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2022

You can file a grievance with that FOC office.

Remember, the evaluation is more or less an opinion, and you have the opportunity to object to that opinion and have a judge hear your case. You have the opportunity then to show the judge the FOC person got it wrong. Judge may or may not...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Can a person murder another person and it'll be OK if they claim it's part of their religion to murder people?

How come some people are exempt from the draft due to their religious beliefs or anti-war beliefs whereas others have to fight? Wouldn't everyone just claim they can't follow a law because it goes against their religious beliefs? If someone claims they can't pay taxes because... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 14, 2022

Claims of religious beliefs can be tested for sincerity. That is the case with conscientious objector status in the military. If you claim that your religion precludes, prevents, or causes you to do something, you better be prepared to show you sincerely believe that, and that you ascribe to all... Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: I believe I had my rights violated

I had police officer demand I forfit a phone over to him I gave it too him asked for a Inventory sheet with the item I gave him then he called two days later asking me to sign a consent form alowing hi. To access the phone I didn't give him consent I called it a. The phone was on an I handed... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 11, 2022

Are you charged with a crime? If not, and it wasn't actually your phone, I don't know if there is anything you can do about this. If you are charged with a crime, I suggest you let your attorney address this.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: can a statement in an interview (at police station)be used against you if your miranda rights were not read.

miranda rights were read after statement was given.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Is this legal?

i was reported for harassment yesterday. when all i did was text a women asked if i could talk to her husband because she wouldnt let me. not even a couple hours later a cop showed up and told me to call a different cop. the cop didnt ask me anything just said that if i go near her or her house i... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

No, police don't need to hear or listen to your side of the story. Take what the cop said for what it is: a warning. Now you know, if you didn't before, that woman doesn't want anything to do with you, so don't call, text, write, draw pictures, or anything else about her.

1 Answer | Asked in Civil Rights for Michigan on
Q: Can my university fine me $120 for not attending their chapel sessions?

I attend a private christian college (Cornerstone University) in Grand Rapids MI who has bi-weekly chapels (like a christian lecture/sermon thing). Normally 15 of these are required a semester but if you have a work conflict you can be excused. I do have a work conflict, but recently they added the... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

Your general sense would be right if you were attending a public school. You are attending a private, religious school. I would assume not paying the fines, and certainly continuing to not attend or watch chapel services, will eventually result in the school asking you to leave. The school has... Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: I was unlawfully stopped by police for brake light not working lie The police car camera prove it what as should I do?

Should I file a complaint or stay quiet I'm afraid they will prosecute harder if they know I filed a complaint?

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2023

Are you being prosecuted for anything? If so, you should address this issue with your attorney. If not, then it's up to you whether you want to file a complaint with the police department.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Do they need to present search warrant before entering home

They raided a resident due to vehicle being insured with house but the person of interest lived elsewhere. From the warrant as they insisted, a control buy was conducted at a resident that’s in person of interest name but never searched and they went somewhere else. Never presented warrant prior... Read more »

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

No, they do not need to present search warrant prior to entry; especially in a raid situation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: I did not accept my plea and requested a jury trial for CSC charges. The judge refused a jury trial and charged me.

The judge charged me with what the plea was, then told me in open court that I was very naive. Is it legal for him to refuse a jury trial?

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

You should have a lawyer. From how you phrase the question, there has to be a misunderstanding of what's going on somewhere and you would benefit greatly from a lawyer's explanation.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Someone else drove my car and made I'd home before police officers had it tow from private property

I spent 10 days in jail for warrent at $45 dollars a day impound fee $243 to tow my car a minute away and face hard times without a car as it is my only means to work it's still in the impound and by now don't know if I have a car

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

What is your question? Sometimes the impound people will agree to waive or reduce the fees to allow you to get the car out, but otherwise, your car is staying there until the fees are paid.

1 Answer | Asked in Civil Rights for Michigan on
Q: Can I refuse to take covid test prior to surgery
Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Probably. And your doctor / hospital may refuse to perform the surgery.

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