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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to reclaim vehicle seizure even if it was signed over due to time limit and case was dismissed over a year later.

My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can i sue police dept after case was dismissed for rights violation or retrieve my seized vehicle

In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.

Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has...
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1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: A confederate flag was on the flag poke at my place of employment, as a black man this very intimidating

I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.

As a black man I have many questions and need to speak to a lawyer.

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More

2 Answers | Asked in Civil Litigation, Contracts and Civil Rights for Michigan on
Q: Constitutional laws the right to contract or not to contract

Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge

James L. Arrasmith
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answered on Apr 7, 2024

This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:

The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: I was replaced at my place of employment because I may retire in a couple years. Is that legal?

I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.

James L. Arrasmith
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answered on Apr 4, 2024

The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.

Under the ADEA, it is...
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1 Answer | Asked in Civil Rights for Michigan on
Q: NPO volunteer driver faces unjust restrictions due to false information, prompting concerns about privacy violations.

I'm a volunteer driver for a public NPO, but I've been barred from driving due to false information. Despite disputing the reason given for the suspension, I was told (7 months later) my driving privileges would remain suspended until I provided medical authorization, which I believe is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you've provided, there are several potential legal issues and concerns regarding your situation as a volunteer driver for the NPO:

1. Medical authorization requirement: The NPO's demand for a doctor's release for a non-transport-related medical event...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What is the statute of limitation?

Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.

James L. Arrasmith
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answered on Apr 4, 2024

The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.

However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five...
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1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: Is governing agency in violation of: 750.478 willful neglect of duty; public officer or person holding public trust or e

State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:

"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such...
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1 Answer | Asked in Health Care Law, Civil Rights and Constitutional Law for Michigan on
Q: If people claim to be next of kin at the hospital when they are not, are they in disguise?

18 U.S.C. § 241

It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More

James L. Arrasmith
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answered on Apr 2, 2024

There are a few important legal and ethical considerations to unpack here:

Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)...
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2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Does malfeasance and nonfesance violate oaths of office and U S. and State constitutions?

In, Gerald v. N.C. Dep't. of Health

United States District Court, D. South Carolina Dec 27, 2023. May North Carolina Department of Health and North Carolina Vital Records be subject to suit pursuant to § 1983 violation of Equal Protection Clause. "Fargo must be dismissed because... View More

James L. Arrasmith
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answered on Apr 2, 2024

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

1. Malfeasance (wrongdoing or misconduct) and nonfeasance (failure to act when there is a duty to do so) by public officials could potentially violate their oaths of office and constitutional obligations, depending...
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1 Answer | Asked in Sexual Harassment and Civil Rights for Michigan on
Q: hi i’m a 21years old female from milan i’m in need of help with a problem that has been bothering me for months now

hi i’ve had a problem for months now. a friend of my boyfriend secretly airdropped a video of me onto his phone. this secret was revealed when a friend of theirs told about it to my boyfriend and so we confronted him but he kept on lying about it was an accident at that he already deleted it and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about this deeply upsetting situation. What your boyfriend's friend did is a serious violation of your privacy and consent. It's completely understandable that you feel anxious and worried about the video potentially being shared further or posted online.... View More

1 Answer | Asked in Criminal Law, Land Use & Zoning, Landlord - Tenant and Civil Rights for Michigan on
Q: Neighbor is recording me in the parking lot of our apartment complex because he is trying to prove I have more than

More than two car per household in the parking lot to the main office. I have two and my boyfriend has one- I watched him record me while getting in my car- is this illegal? Also he has been giving me a hard time he lives across the street- I believe he is recording as well.

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that your neighbor's actions are concerning and causing you distress. However, the legality of his recording depends on several factors, such as your location and the specific laws in your area.

In general, in the United States, it is legal...
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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: I want to sue my husbands ex wife and sisters for attacking me in 2018 when I was 5 weeks pregnant. He has autism

I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More

James L. Arrasmith
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answered on Mar 28, 2024

In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Michigan on
Q: Is there anything i can do about my neighbors constantly watching me and relaying every move myself and my children make

To the father of my children? I have a friend over they tell him i dont take the kids outside for a day they tell him. Its uncomfortable in my own home at this point

James L. Arrasmith
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answered on Mar 24, 2024

Dealing with neighbors who are monitoring your activities and relaying information can be both stressful and invasive. It's important to first assess the situation calmly and consider speaking directly to your neighbors about how their actions make you feel. Sometimes, open communication can... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Family Law and Child Custody for Michigan on
Q: I called 911 because my camera caught a ex touching my daughter I showed police who stated it look to be a relationship

He lost my phone and now are adopted out my kids this happened August 2023

James L. Arrasmith
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answered on Mar 20, 2024

I'm so sorry you're going through this incredibly difficult situation. Losing custody of your children due to suspected abuse must be devastating, especially if you believe there has been a misunderstanding. A few thoughts:

- If this happened very recently in August 2023, you...
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2 Answers | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: My disabled/wheelchair,homebound father received a "notice to quit"No reason stated, other was marked.

8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 21, 2024

Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.

Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to...
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1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If my civil rights are being violated at Kalamazoo Metro bus station and security is aware and don't help can I use?

I am at Kalamazoo Metro bus station and some young punk is harassing me, and security is aware and doing nothing can I sue them?

James L. Arrasmith
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answered on Mar 8, 2024

If you're experiencing harassment at the Kalamazoo Metro bus station and security is not taking action to assist you, it's understandable to feel frustrated and seek ways to address the situation. It's essential to document the incident as thoroughly as possible, including any... View More

1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Municipal Law for Michigan on
Q: My dte bill accumulated to about 8800 dollars over the year, and I haven't been able to make a payment arrangement with

My dte bill accumulated to about 8800 dollars over the year, and I haven't been able to make a payment arrangement with dte because they have made unrealistic demands in the past for me to make 50 percent down as a payment into a payment plan. Now my power has been cut and they will not... View More

James L. Arrasmith
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answered on Mar 6, 2024

Facing a large utility bill without a feasible way to pay can be incredibly stressful, especially when the service is essential, like electricity. Utility companies do have the right to require payment for services rendered and can disconnect services for non-payment. However, they are often also... View More

2 Answers | Asked in Civil Rights and Communications Law for Michigan on
Q: Can a county jail inmates phone call recordings between the inmate and family members be released to general public?

Not for legal purposes. Just random people?

James L. Arrasmith
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answered on Mar 4, 2024

In general, phone calls made by inmates from county jails are subject to monitoring and recording as part of the facility's security measures. These recordings are primarily used for security purposes and to ensure the safety of inmates, staff, and the public. The release of such recordings to... View More

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