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South Carolina Civil Rights Questions & Answers
2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Child Custody for South Carolina on
Q: Where can I find an attorney willing to sue SCDSS?

SCDSS filed a custody removal suit against my husband based on an affidavit in which the case worker blatantly lied. Through a recorded phone conversation and phone records, I was able to prove that she lied, and they settled the case out of court. There were no repercussions for the DSS employees,... View More

James L. Arrasmith
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answered on Feb 1, 2024

Finding an attorney willing to sue a government agency like the South Carolina Department of Social Services (SCDSS) can be challenging, but it's not impossible. To pursue a case against SCDSS, you should look for experienced attorneys who specialize in civil rights and administrative law.... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: The police came without a search warrant I asked to show it ,they couldn't so he looks in my window and saw paraphernali

When he saw my weed pipe and said he gonna shoot my dog I told him I'll shot you,so they charged in tased me cuffed me,jail I went they never said under arrest or read my rights

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, it's important to understand that police generally need a warrant to conduct a search, but there are exceptions. One such exception is if an officer sees illegal items in plain view, like a weed pipe, which can justify a search and potentially an arrest without a warrant.... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: I was arrested for DUS and requested medical. I kept asking the officer and medical staff for water and was refused.

I became irate and given no medical care and put back in cruiser. While waiting to leave I kept asking for water and slipped cuffs to my front and began beating on window asking again for water. The officer yanked opened door and jerked me out by my elbow while in cuffs and slammed me to the... View More

James L. Arrasmith
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answered on Jan 3, 2024

Your experience raises concerns about potential excessive force and denial of medical care, both of which are serious issues. In situations where an individual in custody is injured, law enforcement officers are typically required to provide access to medical care. Refusal to do so can be a... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: I was falsely accused of shoplifting
James L. Arrasmith
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answered on Jan 2, 2024

Being falsely accused of shoplifting can be a distressing and confusing experience. It's important to understand your rights and the steps you can take to address this situation.

Firstly, remain calm and cooperative if approached by store security or law enforcement, but be mindful not...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for South Carolina on
Q: How would a suspect fleeing on foot while armed or presenting to be armed effect TN V Garner?

If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More

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Q: Is South Carolina state statute 16-11-620 appealable?

I was issued a trespass after notice form, even though I have not been on the properties in question for years (ome is a busimess we own 10% of, isnt this a civil rights issue to not allow me i.to a public place since I have never caused any type of trouble, etc?) and never did anything at their... View More

James L. Arrasmith
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answered on Dec 24, 2023

South Carolina State Statute 16-11-620, which pertains to trespassing after notice, can be subject to appeal under certain circumstances. If you believe the trespass notice was issued wrongly or violates your rights, particularly if it involves a property in which you have a legal interest, you may... View More

2 Answers | Asked in Civil Rights, Communications Law, Constitutional Law and Internet Law for South Carolina on
Q: Can a private investigator hack into my laptop and make copies of what legal public websites I view.
James L. Arrasmith
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answered on Dec 12, 2023

In South Carolina, as in other states, it is illegal for a private investigator or anyone else to hack into your laptop without your consent. Hacking, which includes unauthorized access to someone's computer or digital accounts, is a violation of both federal and state laws.

The...
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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for South Carolina on
Q: An ex of my husbands made a false CPS claim

When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report

James L. Arrasmith
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answered on Nov 18, 2023

If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: Can a deputy sheriff in SC conduct a vehicle search on a non-county maintained (private/blue street sign) road?

Search was conducted during a routine traffic stop for a broken taillight observed on main highway but not stopped until on the private dirt road. K-9 unit was brought on scene and "alerted" as their reasoning for conducting the search. But were they legally even allowed to bring in the... View More

James L. Arrasmith
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answered on Nov 18, 2023

In South Carolina, the authority of a deputy sheriff to conduct a vehicle search does not necessarily change based on whether the road is county-maintained or private. The legality of the search typically hinges on whether the officer had probable cause or the driver's consent, rather than the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: Does a warrant have to be served once you are in police custody or are they allowed to release you and serve it later.

City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More

James L. Arrasmith
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answered on Nov 17, 2023

In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for South Carolina on
Q: My mother and sister lied to a judge and said I was going to kill myself and kill my mom. My mom now admits she lied.

My mom admits she talked my sister into lying as well. I wish to sue. My sister is a asst. solicitor and she presented to the court she was a witness, but she was not there. And my mom will admit to it now. I wish to sue them both. They took my son away with this lie and now he lives in ohio and I... View More

James L. Arrasmith
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answered on Nov 12, 2023

In South Carolina, if your mother and sister provided false statements in court that led to you losing custody of your son, you may have grounds for legal action. First, consult with a family law attorney to address the custody issue and potentially seek to modify the custody arrangement based on... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for South Carolina on
Q: What can a parent do when school, and all child’s doctors, specialists, are in violation and won’t comply with the law?

Child with disabilities. Children’s hospital where all specialists are and child’s other doctors as well as school are alienating other parents and won’t comply with parents rights nor the law in SC

James L. Arrasmith
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answered on Oct 15, 2023

In cases where a child with disabilities is involved, federal and state laws provide various rights and protections for the child and the parents. If a school or medical professionals are not complying with the law, the parent has several potential avenues for recourse. They can file a complaint... View More

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1 Answer | Asked in Civil Rights and Consumer Law for South Carolina on
Q: Can I put a funeral home name on a obituary without their permission
T. Augustus Claus
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answered on Aug 16, 2023

In general, it is common practice to include the name of the funeral home that is handling the arrangements in an obituary. Funeral homes often work closely with families to provide funeral and memorial services, so including their name can help people who are reading the obituary know where the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: How to file misconduct charges against a police officer for harassment and kidnapping
James L. Arrasmith
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answered on Jul 11, 2023

To file misconduct charges against a police officer for harassment and kidnapping, you can follow these steps; Gather evidence, such as police reports, photographs, or witness statements. File a complaint with the police department. Contact the district attorney's office. Consult with an... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for South Carolina on
Q: My primary care provider asked me why am I donating plasma, I answered because of financial reasons. After the fact

I felt like my privacy was violated. It was none of her concern whether or not I'm doing it to Save a Life or for financial reasons. I had to go there because the Plasma Place needed my primary care physician needed to type up a letter saying what medication I am on and whether or not they... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

You voluntarily responded to your PCP, so no privacy invasion, or HIPPA- which is improper disclosure to third persons. Malpractice? Probably not. Even if it was one of these violations, you probably do not have any significant damages that would be recognized as compensable in a Court of law. This... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for South Carolina on
Q: I need a lawyer to look into my now settled arson case pled out to vandalism can't get my motion of discovery

The short of it is I was set up for burning my own house down with all my stuff in it not an insurance job a cheating girlfriends now of age boyfriend that was never told about during there investigation but went into a fire station and told them that I was bragging to him that I done it and even... View More

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you have already settled your case and are still seeking your motion of discovery, you may want to consider seeking the help of an attorney who specializes in criminal law.

Here are some steps you can take:

Consult with a criminal...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against

I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against someone who stole my truck. It's complicated. Basically, if the police decide you better do things there way kr they will put charges on you rather they have evidence proof... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like you may benefit from consulting with a criminal defense attorney who can advise you on your legal options and help you understand your rights. An attorney can also provide guidance on how to file a complaint against the police for... View More

1 Answer | Asked in Admiralty / Maritime, Civil Rights, Libel & Slander and Wrongful Death for South Carolina on
Q: My grandfather disappeared at sea while abord the S.S. Robert Luckenbach owned by the U.S.S. Luckenbach company. Help?

It was 1951 after leaving Panama. The Captain wrote a letter questioning his mental health to N.Y. before notifying the family of his disappearance. Would I have a case against U.S.S. Luckenbach steamship company?

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2023

I'm sorry for the loss of your grandfather at sea. If there are any remedies available under South Carolina law, a local attorney would need to advise on those. But your question remains open for two weeks and you also posted under Admiralty/Maritime. Under U.S. maritime law, the Death on the... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for South Carolina on
Q: What are the stipulations to mutual combat in the state of south Carolina?

If two consenting adults agree to engage in mutual combat under supervision of a referee in an enclosed area and all guidelines were met eg.. both parties agree, understand the engagement rules, and agree to end the fight upon a retreat or the inability to continue could legal proceedings occur?

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 12, 2022

Yes, both parties may be charged pursuant to S.C. Code Statutes regarding assault and battery.

Only fights authorized by the SC State Athletic Commission, a division of SC Labor Licensing Regulation, are immune from application of the SC Codes punishing assault and battery.

2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for South Carolina on
Q: I’m curious on if i can take legal action for a situation that happened to me.

I rented a Uhaul truck from a facility and paid for it in full, and then on my drive home I was followed by police, pulled over, and then had 6 cop cars swarm me and demand i get out at gunpoint. I was detained, placed into handcuffs, read Miranda rights, and then told the truck was stolen. I did... View More

Eva Zelson
Eva Zelson
answered on Oct 20, 2022

False imprisonment occurs when an individual is wrongfully held in custody. However, if you are arrested based on evidence, even if it is later revealed that the evidence was incorrect and that you are actually innocent of the accused crime, you probably do not have a claim for false arrest because... View More

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