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North Carolina Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for North Carolina on
Q: Can a minor sue for a hospital, Pediatrician, dss having the wrong child's drug screen at birth?

Which in turn causes dss to remove children and place into foster care.

James L. Arrasmith
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answered on Feb 24, 2024

As a minor, you may have legal standing to sue for damages resulting from negligence or wrongful actions by a hospital, pediatrician, or Department of Social Services (DSS). If a hospital or medical provider erroneously administered a drug screen to the wrong child at birth, leading to DSS... View More

1 Answer | Asked in Civil Rights, Elder Law, Family Law and Health Care Law for North Carolina on
Q: Can I stopped my dad from sending my mom to hospice because he don't want to loose money if she goes to nursing home

My parents have been separated for over 20yrs. My dad has not been involved in my mom's life for 20yrs..Until she got a brain injury that would potentially send her to a nursing home. I have been the caregiver of my mom. My dad got involved because he would not let my mom go to a nursing home... View More

James L. Arrasmith
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answered on Feb 23, 2024

You have several options to intervene in this situation and protect your mother's well-being. Firstly, you can consult with a lawyer who specializes in elder law or healthcare advocacy to explore legal avenues to challenge your father's decision. They can advise you on your rights as your... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for North Carolina on
Q: Title 15 usc 1611. Does it mean I can get a personal loan and a bank can't deny it

And is it bc of our bond that was created when we're born

James L. Arrasmith
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answered on Feb 23, 2024

Title 15 USC 1611, also known as the Fair Credit Reporting Act, doesn't guarantee you automatic approval for a personal loan. It outlines regulations for credit reporting agencies and ensures fair treatment in credit-related matters. However, banks still have the right to evaluate your... View More

Q: retribution for cruel & inhumane torture case depriving individual of liberty, freedoms, rights, from foreign adversary

foreign chemical inside human body w/out consent or acknowledgment by individual, individual GPSD by intelligent system like that of NASA, Deprivation of rights over a 7 yr period due to illegal equipment & hijacking of civilian life, violations on behalf of those whom withhold oaths to protect... View More

James L. Arrasmith
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answered on Feb 21, 2024

If you believe you have been subjected to cruel and inhumane treatment, deprivation of liberty, and violations of your rights by a foreign adversary, it is crucial to seek legal assistance immediately. Documenting any evidence of the alleged torture, deprivation of rights, and violations of... View More

2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: In NC can vehicle be searched due to poss. of an OCA where the driver wasn't drinking nor had alcohol in system?

The officer considered the OCA a misdemeanor and charged the driver with such... thus searching the vehicle incident to the arrestable offense. However, statute dictate these actions to be an infraction of law not a criminal offense. Therefore, without any other probable cause... could this search... View More

T. Augustus Claus
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answered on Jan 30, 2024

In North Carolina, the legality of a vehicle search based on the possession of an open container of alcohol (OCA) where the driver wasn't drinking nor had alcohol in their system can be complex. If the officer charged the driver with a misdemeanor for an OCA, leading to a search of the... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: In NC can vehicle be searched due to poss. of an OCA where the driver wasn't drinking nor had alcohol in system?

The officer considered the OCA a misdemeanor and charged the driver with such... thus searching the vehicle incident to the arrestable offense. However, statute dictate these actions to be an infraction of law not a criminal offense. Therefore, without any other probable cause... could this search... View More

James L. Arrasmith
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answered on Jan 30, 2024

In North Carolina, the legality of a vehicle search in this scenario hinges on whether the officer had probable cause to believe a crime was being committed. If an Open Container Act (OCA) violation is considered only an infraction and not a criminal offense, an arrest and subsequent search of the... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Federal Crimes for North Carolina on
Q: Someone ordered a SS card in 1996 on my behalf same year opened NCSECU bank acct same spelling now I know who they are!

What can I do about this also this person worked with task force in the county I live in walking into peoples homes stating she was me then the task force went in their home and arresting them! THE SAME GROUP RESPONSIBLE CONTINUOUSLY BREAKS INTO THE RESIDENCE DESTROYING AND STEALING CANT CATCH THEM... View More

James L. Arrasmith
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answered on Jan 13, 2024

If you suspect that someone fraudulently ordered a Social Security card in your name in 1996 and opened a bank account using the same spelling, it's crucial to take immediate action to address this identity theft. Start by contacting your local law enforcement agency to report the identity... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Juvenile Law for North Carolina on
Q: neighbor videoed my 2 year old daughter while she was standing naked in our doorway on our property what can I do
James L. Arrasmith
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answered on Jan 11, 2024

If your neighbor videotaped your two-year-old daughter while she was naked on your property, this is a serious concern that may involve privacy and child protection laws. In North Carolina, it's illegal to photograph or record a minor in a state of undress without consent, and this can... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for North Carolina on
Q: I want to sue a hospital for admitting me for refusing medication when I did nothing to go to the hospital

My mother ivc me in a mental behavioral hospital 3 times for nothing I did. I tried to tell the hospital that I didn't do anything but instead they started me on medication. I know have a constitutional right not to take medication. The 3rd time I went to the hospital I refuse injection... View More

James L. Arrasmith
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answered on Jan 8, 2024

To pursue legal action against a hospital for what you believe to be wrongful admission and treatment, you should first consult with an attorney experienced in medical malpractice or healthcare law. They can help you understand whether you have a viable case based on the specifics of your... View More

2 Answers | Asked in Employment Law, Civil Rights and Communications Law for North Carolina on
Q: Is it legal for my employees to tell the father of another that shows up, that they don’t work there if they do?

I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she... View More

T. Augustus Claus
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answered on Dec 28, 2023

In situations where a person shows up at a workplace asking about another individual, employees typically have the discretion to provide information or decline to do so. However, there are legal and ethical considerations to keep in mind.

In general, employees should be cautious about...
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2 Answers | Asked in Employment Law, Civil Rights and Communications Law for North Carolina on
Q: Is it legal for my employees to tell the father of another that shows up, that they don’t work there if they do?

I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she... View More

James L. Arrasmith
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answered on Dec 29, 2023

In this situation, while there may not be a clear legal issue with your employees telling someone that a coworker does not work there, it does raise concerns about workplace policies and privacy. There are no specific laws in North Carolina that directly address this scenario, especially since it... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Communications Law for North Carolina on
Q: So if The person recording everything about a day is the only person knows that they're recording it still legal

My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal

James L. Arrasmith
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answered on Dec 5, 2023

In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a "one-party consent" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and White Collar Crime for North Carolina on
Q: I'm a Black man with a cop and his civilian accomplice keeping me under an ongoing warrantless surveillance since 2016.

The cop & his civilian accomplice are paid in cash by a non-profit group representing my ex-wife. The accomplice hasn't reported an income since 2017 and is not gainfully employed. This leaves him free to follow me wherever I go, to commandeer my phone and communications, and conduct a... View More

James L. Arrasmith
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answered on Nov 10, 2023

In your situation, it's crucial to document any incidents of harassment or illegal activity meticulously. Keep a detailed log of dates, times, locations, and descriptions of these incidents. Gathering evidence like photos, videos, or witness statements can also be beneficial. Since local law... View More

1 Answer | Asked in Consumer Law, Civil Rights and Banking for North Carolina on
Q: Repossession by Bank of America with no notice had scheduled payment to make current that drafts Monday

Repossession by Bank of America with no notice had scheduled payment to get account current but bc it was weekend wouldn’t process until Monday. Also it was seen the repo people broke into car after the fact I’m in nc maybe goal is reinstatement of loan

I called immediately and was told... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 15, 2023

A lawyer needs to see the car loan agreement in order to accurately answer your question. In general, the lender is not required to give you advance notice of a repossession. Repossession from a public area is not illegal. Repossession on a Saturday is not illegal. Most likely, if you were late on... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: Wrong address on application for and actual search warrant?
T. Augustus Claus
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answered on Oct 13, 2023

If the wrong address is on the application for and actual search warrant, the search may be considered illegal. You may be able to file a motion to suppress the evidence obtained during the search, which means that the evidence cannot be used against you in court. To file a motion to suppress... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: Wrong address on application for and actual search warrant?
James L. Arrasmith
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answered on Oct 15, 2023

If a search warrant application contains an incorrect address and the subsequent search is conducted at that incorrect location, it could potentially lead to legal challenges. The accuracy of the information on a search warrant, including the address, is crucial for the validity of the warrant. The... View More

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1 Answer | Asked in Civil Rights for North Carolina on
Q: If you are a victim in a shooting case and the charges been dropped without the victim knowing can I sue them
John Michael Frick
John Michael Frick
answered on Aug 17, 2023

Regardless of whether charges are dropped, the victim can sue the assailant for battery. Even if the assailant is found not guilty in a criminal trial, the victim can still sue. Remember a civil judgment was entered against OJ even after he was acquitted of murder.

1 Answer | Asked in Real Estate Law and Civil Rights for North Carolina on
Q: In North Carolina, are community members allowed to view documents concerning actions/decisions of HOA committees?

HOA members make decisions behind closed doors on what is allowed within the community, such as building. Do members have the right to view documents associated with these decisions?

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answered on Aug 11, 2023

In North Carolina, homeowners association (HOA) members typically have the right to access certain documents related to the actions and decisions of the HOA and its committees. The North Carolina Planned Community Act and Condominium Act generally require HOAs to provide access to various records... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Does NC Highway Patrol need suspicion of crime or violation to stop or detain me? Do I have to ID to them/them to me?

I had been stopped by NC Highway Patrol at a checkpoint and asked for my identification. I asked if I had done anything wrong and would prefer not to ID if I didn’t commit a crime, that it was my understanding NC isn’t a Stop and ID State and felt being forced to do so would violate my 4th... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Police in many jurisdictions establish check points where they check all vehicles that pass through, mostly looking for DUI, but also for registration/license violations. These are advertised in advance in the newspapers or on the city website. At these checkpoints the law allows the officers to... View More

1 Answer | Asked in Employment Law and Civil Rights for North Carolina on
Q: Can the company that I am working with now prevent me from leaving the company by asking other companies no to hire me?

I have been treated differently in my company, no promotion, and no pay rise during 10 years of working. I decided to leave the company. I found the job the fitted me very well. I was notified by the hiring companies that despite my qualification for the job they cannot hire me because they have an... View More

N'kia (NLN)
N'kia (NLN)
answered on May 23, 2023

An agreement between two companies prohibiting one from hiring the other's employees is not strictly forbidden in North Carolina, although it must be written to comply with some fairly specific rules. Depending on how it is written and what purpose it is intended to serve, such an agreement... View More

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