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South Carolina Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for South Carolina on
Q: Is it violating my rights if I'm a read slow and a dss caseworker is demanding me to hurry and sign paperwork?

When trying to read and understand the agreement I was asked to sign the caseworker would demand that I sign, interrupt me while reading and state that it's not that hard

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answered on Jun 3, 2024

Yes, it may be a violation of your rights if a DSS caseworker is pressuring you to sign paperwork without giving you adequate time to read and understand it. You have the right to fully understand any document before you sign it, especially if it affects your legal or personal interests. Pressuring... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for South Carolina on
Q: 1st grader with disability, having the protected by IDEA and ADA acts was being expelled without due process, can I sue?

7-year-old, first grader, in Georgetown County Public School District, Having an evaluation and diagnosis for a disability, We believe was a victim of discrimination and gross negligence, committed by both the public school itself, and the local County School District. Throughout the evaluation... View More

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answered on Jun 3, 2024

You may have grounds to sue the Georgetown County Public School District for expelling your 7-year-old without due process. Under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA), your child is entitled to specific protections and procedures,... View More

1 Answer | Asked in Divorce, Civil Rights, Elder Law, Gov & Administrative Law and Family Law for South Carolina on
Q: What to do next?

He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?

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answered on May 24, 2024

If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: 9mnths n County Jail never given prelim hearing paperwork no indictment witnesses never questioned What do I do

After the Bell hearing I asked several times for paperwork I made two requests the first request they sent me only the public defender paperwork I requested the prelim paperwork again yet again I only got the public defender paperwork five or six days after my bond hearing I requested again the... View More

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answered on May 19, 2024

You need to take immediate action to address the issues with your case. Start by documenting everything that has happened, including all your requests for paperwork and any responses you've received. This will help establish a record of the lack of communication and mishandling of your case.... View More

1 Answer | Asked in Tax Law, Banking, Civil Rights and Small Claims for South Carolina on
Q: How long do I need to be in possession of a car to take legal ownership of it?

-I bought a car from a private seller through the facebook marketplace.

-I purchased the car with an auto loan through Navy Federal Credit Union.

-When I went to register the car, the DMV stated that the VIN number on the title did not have any records (the car had been VIN... View More

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answered on Apr 25, 2024

I'm sorry to hear about your difficult situation with the car. Unfortunately, under California law (and the laws of most states), you would not have a legal right to keep the car even after possessing it for two months.

There is no time period after which you can claim legal ownership...
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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for South Carolina on
Q: Pork skins nutrition facts say 0 sugar 0 added sugar but ingredients contain sugar. Is that false advertisement?

On a sugar fast, bought these on the fly for my kids and had a few until I read the actual ingredients come to find out that even though not listed in nutrition label, it is on the ingredients. In turn, I broke my sugar fast.

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answered on Apr 15, 2024

It's understandable to be confused and frustrated by this situation. According to FDA regulations, if a food contains less than 0.5 grams of sugar per serving, the nutrition facts label can list the sugar content as 0 grams. However, the ingredients list must still include any form of sugar... View More

1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for South Carolina on
Q: What legal action can we take?

My daddy put his place of business that had a house on the land in my sister name so her son could go to a different school. The verbal agreement was that she would sign it back to him when her son graduated. Me and my brother lived in the house. My brother passed away in December and the same day... View More

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answered on Apr 11, 2024

Based on the information you provided, there are several potential legal actions you and your father may be able to take. However, it's essential to consult with a local attorney who specializes in property law and estate matters to determine the best course of action for your specific... View More

1 Answer | Asked in Child Custody, Civil Rights and Family Law for South Carolina on
Q: What actions do I take against an aunt who gained temporary custody with and emergency hearing with false information

I am the mother of 2 children. Their father died in May 2023. I purchased a house to renovate but it was not manageable and returned back to our previous county. It took me a call between one county to another, back and forth to establish enrollment in the McKinney Vento Act. Within 3 days of... View More

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answered on Apr 1, 2024

I'm so sorry to hear about your difficult situation. Losing your husband, dealing with housing challenges, and now facing a custody battle based on false accusations must be incredibly stressful and painful.

Here are some steps I would recommend taking to fight for custody of your...
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Q: Can your employer send you for a FEC with a known disability and in the process you fall reinjuring yourself?

A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?

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answered on Mar 19, 2024

If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... View More

1 Answer | Asked in Civil Rights, Child Custody and Family Law for South Carolina on
Q: can a judge say he is not comfortable and not allow a defendate to admit filing a false police report resulting in dss ?

My kids mother admits to case workers and guardian ad litem to filing false police report which caused dss to investigate ,but when court date was set for her to address court the judge said that he was not comfortable allowing her to perjure herself and that he would not allow it.If it were not... View More

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answered on Mar 18, 2024

In legal proceedings, a judge's role includes ensuring that the court operates within the bounds of the law and maintaining the integrity of the judicial process. If a judge believes that allowing a certain action, such as admitting to filing a false police report, could lead to an individual... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Law and Health Care Law for South Carolina on
Q: I recently had DSS called on me and of course the case was unfounded. However, I need help.

I have a pretty good idea who did this. I used to work for KC Dispatch and didn’t leave on good terms. Also harassed by them on FB along with text messages. I had a medical issues for seizures and they called DSS claiming I had a drug overdose. I would like to know my rights and how I can pursue... View More

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answered on Mar 14, 2024

Facing false allegations, especially from a former workplace, can be incredibly stressful and damaging. It's essential to know that you have rights in this situation. The first step is to document everything. Keep records of the harassment on Facebook, text messages, and any communications... View More

1 Answer | Asked in Civil Rights, Personal Injury, Sexual Harassment and Civil Litigation for South Carolina on
Q: What is the code/statute or provision that sexual assault is filed under for civil lawsuits?

The sexual assault happened on a college campus but I don’t want to only file a title because my college covers them up.

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answered on Mar 8, 2024

In South Carolina, civil lawsuits related to sexual assault can be filed under various legal theories, depending on the specific circumstances of the case. Some common legal grounds for such lawsuits include:

1. Assault and Battery: South Carolina Code Ann. § 15-3-550 provides a three-year...
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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

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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

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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

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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
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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

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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

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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.
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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

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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

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