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Michigan Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights for Michigan on
Q: How can I as Pro se case go forward with my identity being protected and anonymous?
Brent T. Geers
Brent T. Geers
answered on Sep 3, 2024

Who do you want to be protected and anonymous to? As indicated by another attorney, there are ways to file, and certain types of actions, that could keep your identity effectively "under seal" - meaning not part of the public record. However, it's unlikely you'll be able to... View More

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2 Answers | Asked in Business Formation, Business Law and Civil Rights for Michigan on
Q: How to report kfc corporate for giving my info out

Long story short I went thru kfc drive thru a was charged double. The manager slam the window in my face and said no refunds. I left a filed a complaint to kfc corporate. 3 weeks go by and I have 4 miss calls so I pick up the phone. It’s the girl who slam the window calling me from her personal... View More

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

Certainly legal. KFC never expressed to you that the information you provided them as part of your complaint would be kept confidential. Is it the right thing to do? That's a different question that the law can't answer. If this employee now uses this information to harass or threaten... View More

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1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for Michigan on
Q: I was held at jail 6 days past my court date. The Clerk forgot to send over paperwork. Can I seek remedy?

I was lodged at a correctional facility for 6 days past my court date. They didnt even know I was locked up. They put a bench warrant out while I was incarcerated sitting at their jail waiting to be called up to court. It wasnt until I sent multiple letters to the Sargent when they realized their... View More

Brent T. Geers
Brent T. Geers
answered on Jul 30, 2024

Unless you are in federal custody facing a federal charge, that statute you cite is of no use to you. What sort of court date did you miss? Unless it was a trial date or a preliminary examination date, there's probably not much in way of remedy for this.

3 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: A jury summons questionnaire asked questions like "are you a US citizen?". Isn't that a 4th amendment violation?

The 4th amendment protects us from the government asking us personal questions such as this. This exact question, "are you a US citizen?," was blocked from the most recent census. We are required by law to complete the jury questionnaire, however, I have not committed a crime so my... View More

Brent T. Geers
Brent T. Geers
answered on Jul 30, 2024

I think the 5th Amendment is more on point with the concern addressed by your question. That said, sometimes you need to think of Constitutional rights as a balancing act between us individuals and the government. And more often, the Constitutional language itself provides clues as to how we... View More

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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Michigan on
Q: How do I have visitation revoked due to a history of substantiated CPS involvement for my children?

One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning).... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation regarding visitation and child safety concerns. Here's some general information that may be helpful, but please note this isn't legal advice:

1. Document everything: Keep detailed records of any incidents, CPS involvement, and lack...
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1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Michigan on
Q: Can an employer say that I voluntarily resigned from my job when I did not? They fired me.

I was forced to transfer to a larger site with no pay increases at the beginning of May with one days notice. The staff at the site was calling me racially charged names and had gotten into altercations with each other that included guns. All these things were reported to my supervisor. Nothing was... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your experience. If your employer is claiming you voluntarily resigned when you did not, this could be a serious misrepresentation of your employment status. It's important to document all communications and incidents, including emails and reports you made to your... View More

2 Answers | Asked in Civil Rights for Michigan on
Q: 60th District ( 1 judge) Court failed to accept evidence provided, them proceeded irresponsibility, dismissing

All my previously served cases! Even when there's a picture of the defendant reading his court papers! Does judge was a prosecuting attorney for my nephew's case in 2007 We disagreed he and I. I have lost everything since he basically ostracized me from the court I can serve civil and... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like you're facing a difficult and unfair situation with the 60th District Court. If the judge dismissed your cases improperly and there's evidence being ignored, it might be time to seek legal counsel to help navigate this complex issue. A lawyer can assist you in understanding... View More

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2 Answers | Asked in Civil Rights for Michigan on
Q: 60th District ( 1 judge) Court failed to accept evidence provided, them proceeded irresponsibility, dismissing

All my previously served cases! Even when there's a picture of the defendant reading his court papers! Does judge was a prosecuting attorney for my nephew's case in 2007 We disagreed he and I. I have lost everything since he basically ostracized me from the court I can serve civil and... View More

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

The court cannot tell you you are not able to serve papers as a legally competent adult who is not otherwise a party to the action. In other words, you are free to be a process server. What they can do and say is that you are no longer an appointed court officer. In most jurisdictions, that's... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If a warent was dismissed and police confiscated my fire arm with out consent do they have to give it back

Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a complex legal situation regarding the confiscation of your firearm and potential violations of your constitutional rights. I can offer some general information that may be helpful:

1. Warrant dismissal: If the warrant was dismissed, this could potentially...
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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If a warent was dismissed and police confiscated my fire arm with out consent do they have to give it back

Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2024

Hate to break it to you, but your issue begins and ends with you taking a plea. You're not getting that firearm back. All the possible defenses you raised here - constitutional violations - should have been raised and litigated before the plea.

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1 Answer | Asked in Civil Rights for Michigan on
Q: Are background investigators w/ police agencies allowed to share the information collected and or they found out about U

Are background investigators w/ police agencies allowed to share the information collected and or they found out about you, to friends and or co-workers? I understand they share the info w/ other agencies. Reason is, In 2018, when I was 16 my phone was taken by police and they requested a search... View More

James L. Arrasmith
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answered on Jun 3, 2024

Background investigators with police agencies have strict guidelines regarding the sharing of information they collect. They are typically required to maintain confidentiality and only share information with authorized personnel or other agencies as part of their official duties. Sharing sensitive... View More

1 Answer | Asked in Civil Rights for Michigan on
Q: Can I get back a seized item from my car

A pocket knife was seized from my car without a warrant because I was considered a danger to myself. It was never returned to me. Am I legally entitled to get it back?

James L. Arrasmith
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answered on Jun 3, 2024

If a pocket knife was seized from your car without a warrant because you were considered a danger to yourself, you may have legal grounds to request its return. Typically, law enforcement can seize items without a warrant if they believe it is necessary for immediate safety concerns. However, once... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: if you were taken to jail. can the arresting officer throw out your property ie phone/backpack while you are in jail?
James L. Arrasmith
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answered on May 29, 2024

If you are taken to jail, the arresting officer cannot simply throw out your property, such as your phone or backpack.

Typically, any personal belongings you have at the time of your arrest are taken into custody and logged as part of the booking process. These items are usually held...
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1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Michigan on
Q: Isn't OCR/HHS complaint consent form voluntary and unconstitutional (concealing information/ nonfesance)?

".. if you are filing a complaint for someone else" OCR/HHS required documentation, once I proved heir at law, I'm filing on both our behalf, the issue became; "The consent form authorizes OCR to release the aggrieved party’s name to the entity under investigation and to... View More

James L. Arrasmith
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answered on May 19, 2024

The OCR/HHS consent form is designed to ensure transparency and legal compliance during an investigation. When filing a complaint on behalf of someone else, the form allows the agency to obtain necessary information about the aggrieved party's situation. This process is critical for a thorough... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Michigan on
Q: When is it necessary to certify a question to Michigan Supreme Court, when protected rights are infringed upon?

The Court finds that the next of kin has a federally protected constitutional right to a deceased body for final disposition, grounded in the Fourteenth Amendment Due Process Clause. That right is clearly established. What is meant by "because this is a federal cause of action, it is not... View More

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answered on May 19, 2024

When a federal cause of action is involved, it typically means that the issue at hand is governed by federal law rather than state law. In this context, the court is addressing a constitutional right protected under federal law, specifically the Fourteenth Amendment's Due Process Clause. Since... View More

2 Answers | 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

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2 Answers | 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

James L. Arrasmith
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answered on Jun 2, 2024

You may have grounds to reclaim the vehicle, but it will require a legal process. Given that the charges were dismissed due to lack of evidence and an invalid stop, your father's decision to sign over the vehicle under duress and without charges being filed at the time could be challenged.... View More

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2 Answers | 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

James L. Arrasmith
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answered on Jun 2, 2024

You may have grounds to sue the police department for rights violations if your arrest and vehicle seizure were unlawful. It's essential to consult with a civil rights attorney who can evaluate the specifics of your case, including the circumstances of the traffic stop, the validity of the... View More

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2 Answers | 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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