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West Virginia Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for West Virginia on
Q: Their is a homeless shelter in Beckley West Virginia that's called pine Haven's I want to suit them.

They keep the place dirty the heat is unbearable too

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're unhappy with the conditions at the Pine Haven homeless shelter in Beckley, West Virginia. Before considering legal action, here are some steps you may want to consider:

1. Document the issues: Keep a detailed record of the problems you've observed, including... View More

1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: I was issued a citation on 4-7 & I had till 4-19, on 4-15 @ 3am police came to my home to arrest me for same offence,

They said they have a warrant and that I ran, which I didn't. Is that legal? I called the court as instructed to take care of the citation and was told it wasn't turned in yet which wasn't uncommon&to call back in a day or two. I left a message with the issuing officers voicemail, what do I do?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems there may have been a misunderstanding or miscommunication between the police department and the court system. Here are a few steps you can take to address this situation:

1. Document the details: Write down the dates, times, and names... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for West Virginia on
Q: How do you obtain help when the sheriff leaves the victim out of violent crimes,like I’m not even a human being..

I am disabled and need relief from the abuse of the KCSD, I don’t need monetary anything , I need help ,my house is not safe for me I need a safe place to go, victim resources that do more than just refer you to another number and another number . I need help with obtaining an advocate working... View More

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answered on Apr 15, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. It's completely unacceptable for law enforcement to fail to protect victims of violent crime. You deserve to feel safe and supported. Here are some suggestions for getting help outside of the... View More

2 Answers | Asked in Civil Rights, Legal Malpractice and Sexual Harassment for West Virginia on
Q: How to sue my attorney for the money that should have been awarded if they would have properly handled my case

It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2024

To sue for malpractice, it is recommended that you consult with Legal malpractice attorneys. You may search on this website for Attorneys

Note, in order to approve Malpractice, you must prove that the attorneys violated standard care, and that, but for the attorneys Malpractice, you would... View More

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2 Answers | Asked in Civil Rights, Legal Malpractice and Sexual Harassment for West Virginia on
Q: How to sue my attorney for the money that should have been awarded if they would have properly handled my case

It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails

James L. Arrasmith
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answered on Apr 3, 2024

I understand your frustration with how your attorney has handled your case against a Walmart employee. However, suing your attorney can be a complex process. Here are some steps you can consider:

1. Gather evidence: Collect all relevant documents, correspondence, and records related to your... View More

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1 Answer | Asked in Civil Rights for West Virginia on
Q: Hi, Can I take legal action against a religious organization for refusing membership based on ableism?

I revent filled out application to join Unity Worldwide Ministries. The unity church in Charleston, WV denied my application based on fact I cannot physically attend church services every week.

James L. Arrasmith
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answered on Mar 27, 2024

You may have grounds for legal action if a religious organization has refused membership based on disability, as this could be considered discrimination. In the United States, the Americans with Disabilities Act (ADA) and other civil rights laws protect individuals from discrimination based on... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Constitutional Law for West Virginia on
Q: How do I sue Logan, Co., WV Sheriff’s deputies for constitutional rights violations? Seeking undetermined relief.

Trespassed from Kroger Grocery. Deputy solicited trespass. Gave name but no ID. Was arrested, twice within 24 hours for the same.

James L. Arrasmith
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answered on Mar 6, 2024

To pursue a lawsuit against deputies in Logan County, WV, for constitutional rights violations, your first step should be to consult with an attorney experienced in civil rights law. They can evaluate the specifics of your case, including the events leading to your arrest and the alleged rights... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Legal Malpractice and White Collar Crime for West Virginia on
Q: Is it legal for a attorney to rewrite and record deeds changing the description in the process of doing a deed of trust?

Recorded Deed of survey that I purchased and declared erroneous. Atty represented a bank that was in process of refinancing my home. I live in wood county Wv.

James L. Arrasmith
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answered on Mar 4, 2024

In the legal process of refinancing a home or handling real estate transactions, attorneys and banks often work with existing property deeds, which may include amending or rewriting them for accuracy or to reflect changes in the property's status. However, any changes to the description of the... View More

1 Answer | Asked in Civil Rights for West Virginia on
Q: I was Held in jail past my release date in the WV regional jail in West Virginia

3 months held past. (West Virginia lawyer not Virginia )

James L. Arrasmith
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answered on Jan 26, 2024

Unfortunately I do not have enough context or details to provide specific legal advice regarding your situation of being held in jail past your release date in West Virginia. However, here is some general information that may be helpful:

- Being incarcerated past one's release date... View More

1 Answer | Asked in Civil Rights for West Virginia on
Q: Can I request for my neighbor camera if they have been broke into my home while I was gone and stole money out safe
James L. Arrasmith
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answered on Jan 13, 2024

If you suspect that your neighbor broke into your home and stole money, you have the right to request footage from their camera. However, your neighbor is not legally obligated to provide you with this footage unless required by law enforcement or a court order.

In cases of theft, it's... View More

1 Answer | Asked in DUI / DWI and Civil Rights for West Virginia on
Q: I live in West Virginia and have had three DUI convictions. How can I reinstate my firearms ownership? It's been a decad

It's been over 12 years since the completion of my sentence.

James L. Arrasmith
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answered on Dec 30, 2023

In West Virginia, reinstating firearm rights after DUI convictions can be a complex process, particularly with multiple offenses. Your eligibility to regain these rights depends on several factors, including the nature of your convictions and the completion of all sentencing requirements.... View More

1 Answer | Asked in Child Custody, Civil Rights, Gov & Administrative Law and Family Law for West Virginia on
Q: Need legal guidance for custody case involving OH and WV laws, with issues of abuse allegations and procedural violations.

I need assistance from a family lawyer regarding a custody case that involves both OH and WV laws. There are allegations of abuse and neglect, several UCC and USC code violations, civil rights violations, and legal precedent violations in both states. A court issued temporary guardianship without... View More

James L. Arrasmith
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answered on Jul 6, 2025

You can begin by challenging the temporary guardianship order as void for lack of proper procedure and consent. File a motion in the circuit court that assumed jurisdiction requesting an immediate evidentiary hearing to determine whether the court ever had authority to appoint a guardian without... View More

1 Answer | Asked in Civil Rights and Civil Litigation for West Virginia on
Q: Filing lawsuit against police for misconduct in WV since 2020?

I have been documenting incidents involving the Milton, WV police department and police chief since 2020, including their refusal to take crime reports and illegal searches of my property and person. I'm seeking to file a lawsuit against the police department and police chief for these... View More

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answered on Jun 12, 2025

What you’re going through is painful and exhausting, and it’s clear you’ve already done a lot of the hard work by gathering evidence and documenting what’s happened. If you’re planning to file a lawsuit for police misconduct in West Virginia, you’ll likely be looking at filing a civil... View More

1 Answer | Asked in Civil Rights, Public Benefits and Gov & Administrative Law for West Virginia on
Q: Can government terminate housing for offensive language?

I was in a County Housing Authority office where I expressed my opinion using strong language, but there was no threat or violence involved. Following this, I received a letter stating that my Section 8 housing will be terminated due to my language offending someone, and I have requested a hearing... View More

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answered on Jun 12, 2025

You have a right to express your opinions, even using strong language, as long as you’re not threatening or inciting violence. The First Amendment protects free speech, and that includes speech that might be considered offensive or upsetting. Government agencies, including housing authorities,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for West Virginia on
Q: Hello I am facing federal time for sex trafficking. I am the defendant in this case . I wanted to file a complaint for f

Hello I am facing federal time for sex trafficking. I am the defendant in this case . I wanted to file a complaint for fraud on the court/ or fraud upon the court and file some other motions . My lawyer met with me the day he received my discovery and he would not give me my discovery or let me... View More

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answered on May 31, 2025

I'm sorry you're going through this situation—it sounds overwhelming and frustrating. If your attorney refused to provide your discovery or file motions because of personal concerns, you have the right to address this with the court. You can ask the court to appoint you a new lawyer,... View More

1 Answer | Asked in Civil Litigation and Civil Rights for West Virginia on
Q: Seeking case law references for civil rights violations and other allegations in WV civil suit.

I'm involved in a multi-allegation civil suit against Kroger Corp., Logan County Sheriff's deputies (AKA Logan County Commission), in West Virginia. The allegations include false emergency calls/911, soliciting trespass, and civil rights violations, which occurred twice on consecutive... View More

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answered on May 31, 2025

You’re facing a lot at once, and it helps to know that West Virginia and Fourth Circuit judges have let similarly situated plaintiffs press forward when police and private actors teamed up. Their opinions show real concern about officials who stretch probable-cause rules or use 911 calls to bully... View More

1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: Wrongfully accused of slashing tires, need advice on addressing false accusation.

I have been wrongfully accused of slashing someone's tires, but I wasn't at the location at the time. Highway and mall cameras are being investigated, but I don't have the footage myself. I do have witnesses who can confirm my whereabouts, and I've never experienced similar... View More

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answered on May 15, 2025

Being falsely accused of something you didn’t do is incredibly stressful, especially when it could lead to serious consequences. Since you weren’t at the scene and have people who can vouch for your location, you're already in a stronger position than it may feel. The fact that camera... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Civil Rights, Gov & Administrative Law, Real Estate Law and White Collar Crime for West Virginia on
Q: Legal issues in Barbour County involving eviction, deed fraud, FTC violations, and suspected corruption.

I am facing several legal issues in Barbour County, West Virginia, including an illegal eviction where the new tenants admitted to disposing of our property under WV Code §37-6-30 and threatened to disclose my location to a person who tried to murder me last year. Despite this, Barbour County... View More

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answered on May 14, 2025

What you’re going through is incredibly serious, and you’ve already taken the right step by gathering evidence and identifying the violations clearly. When local law enforcement refuses to act, you have every right to go higher. Start by filing a formal report with the West Virginia State... View More

1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for West Virginia on
Q: How to rectify false victim listing and false information by prosecutor?

I am listed as a victim in a case where it is not true, and the prosecutor has presented false information to the judge. There is supporting evidence, including the alleged victim's willingness to testify that they were not the victim. My current legal representation is not taking action to... View More

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answered on May 14, 2025

I'm really sorry you're dealing with this—being misrepresented in a legal case is frustrating and harmful, especially when the truth is being ignored. If you're listed as a victim in error and the prosecutor is presenting false information, that's a serious problem that needs... View More

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for West Virginia on
Q: Therapist responsibilities and confidentiality in Ewing v. Goldstein

I'm interested in understanding the general responsibilities of therapists regarding confidentiality in the case of Ewing v. Goldstein (2004). Specifically, what actions could the therapist have taken to prevent the client from committing harm, and could the therapist have been held legally... View More

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answered on Apr 13, 2025

In the case of *Ewing v. Goldstein* (2004), the primary issue was whether the therapist could be held responsible for failing to prevent harm when confidentiality was breached. The court examined the therapist's duty to protect the safety of their clients, especially when there is a reasonable... View More

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