Ask a Question

Get free answers to your Civil Rights legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: Can I sue CHP for failing to properly investigate a call?

My son was reported missing 8/26/2022. On 8/29/2022 CHP was called about tire tracks that led into the water of the canal. The officer that went out told the caller “ you didn’t see anything , I didn’t see anything therefor nothing happened”.

On 10/29/2022 my son was found in his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I'm sorry to hear about this tragic situation with your son. To address your question about potentially suing the California Highway Patrol (CHP):

It's possible you may have grounds for a lawsuit, but these cases can be complex. Here are some key points to consider:

1....
View More

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for South Carolina on
Q: What can I do about an ex husband who refuses to refinance the house we shared and remove my name?

We both had items we had to have our names removed from, like vehicles, 4 wheelers, etc. I followed through as instructed. My ex husband has not. After 7 years, my name still remains on the mortgage of the home we shared. What can I do? This is preventing me from purchasing another house, any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

Based on the situation described, here are some potential options and considerations:

1. Review the divorce agreement: Check the terms of your divorce decree or settlement agreement. If it specifies a timeline for refinancing or removing your name from the mortgage, your ex-husband may be...
View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Landlord - Tenant for California on
Q: Can I request a fair hearing?

What forms do I need to get a fair hearing? The judge didn't let me show or explain anything,I worked very hard on my testimony and have proof of all defenses as to why I shouldn't have to pay my landlord.The court was very unfair and I was already nervous by the plaintiff attorney who... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're feeling frustrated with the outcome of your court case and the issues you've experienced with your rental property. Here's some general information about requesting a fair hearing or appealing a decision in California landlord-tenant cases:

1. Appeals...
View More

1 Answer | Asked in Personal Injury, Civil Rights and Constitutional Law for California on
Q: How do I handle this insane behavior and obstruction of justice by SFPD?

2016-Intentional hit-and-run, known suspects, eyewitnesses, TBI/Back pain. Police intentionally misfile report as 'vehicle collision' to prevent investigation. Multiple requests for report -"Unable to locate" "Not enough info" When given intersection, my name, type,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're dealing with a complex and frustrating situation involving the San Francisco Police Department. Based on your description, it sounds like you've experienced several concerning issues:

1. A hit-and-run incident in 2016 that resulted in injuries to you

2....
View More

1 Answer | Asked in Family Law and Civil Rights for California on
Q: My sons mother and I (non married) still live together can I video record our interactions in our apartment

without informing her that I am recording our interactions on my phone?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2024

To answer this question accurately, we need to consider California's laws on recording conversations and interactions:

1. California is a "two-party consent" state for audio recordings. This means that all parties involved in a confidential communication must consent to be...
View More

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Missouri on
Q: I co-own a house in Missouri. Are there any procedures for kicking out a 3rd party not on the deed or a lease/contract

The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

Here's a general overview of the situation:

1. Establishing tenancy:

In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the...
View More

View More Answers

1 Answer | Asked in Immigration Law, Civil Rights and International Law on
Q: 18 year old travel alone abroad without parental consent uae

can a girl who is sponsored by her father, is an 18year old resident capable of travelling abroad without parental consent or trouble? I don't find any information about age restricting travel for 18-19 year olds but also the maturity age is 21. how does that apply in this context? can I even... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2024

As an 18-year-old resident of the UAE, you're in an interesting situation regarding travel and legal rights.

1. Travel abroad:

In general, at 18 years old, you are considered an adult in many countries for the purposes of travel. However, the UAE has some specific...
View More

2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Public Benefits for New York on
Q: Mass GL fair hearings doesn't a hearings officer with no prior knowledge have to hear my case otherwise how is it fair

Mass DUA VIOLATED MASS GL151A §71 THEY CANT BRING A CLAIMANT IN FOR JOB SUBSTANTIATION AFTER A YEARS TIME AND THE BOARD KNOWS IT! FURTHERMORE THEYVE NOW CHANGED THE HEARINGS REASON? BECAUSE I SUBMITTED DOCUMENTS PROVING ID WIN! ? WTF? SERIOUSLY? BOY IF THE LAW REALLY WORKED THAT WAY

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're frustrated with your experience regarding a fair hearing related to unemployment benefits in Massachusetts. Let me try to address the key points you've raised:

1. Fairness of the hearing officer:

It's generally expected that a hearing officer...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

1 Answer | Asked in Business Law, Copyright, Civil Rights and Intellectual Property for Florida on
Q: as a photographer can photos of people in a public space be added to my website without the permission of the person?

as a freelance photographer, do i really need someones permission to add the pictures i take in a public setting to my website? or would this not be allowed for any reason?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential... View More

1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: My client is in prison (CDCR) and was seriously injured due to an unmaintained shower. He sustained a 12mm slipped disc.

The injury happened 10/23 and he just received a CT Scan. There's been no other treatment. Admin remedies are exhausted. He's in dire pain. Looking for a Lawyer to help him.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

I'm sorry to hear about your client's serious injury and the lack of proper medical treatment. Given the circumstances you described, it sounds like your client may have a strong case for a legal claim against the California Department of Corrections and Rehabilitation (CDCR). Here are a... View More

1 Answer | Asked in Civil Rights for California on
Q: i got racially discriminated at an autozone and would like to seek consultation. I was told to leave the store.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2024

I'm sorry to hear that you experienced racial discrimination at AutoZone. Being asked to leave a store due to your race is unacceptable and illegal. Here are a few steps you can consider taking:

1. Documentation: Write down all the details of the incident, including the date, time,...
View More

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: Depositions taken during the discovery phase.

In order to use a deposition as evidence in a civil case during trial, will the deposition have to be filed in court before the trial date and once filed then it can be added to the exhibit list? Is the proper procedure?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

In California, depositions taken during the discovery phase do not necessarily need to be filed with the court before the trial date in order to be used as evidence during the trial. However, there are certain procedures that must be followed to properly introduce deposition testimony as evidence.... View More

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're dealing with a very serious situation involving alleged police misconduct. Let me break down some key points and potential legal considerations:

1. Excessive force: If an officer allowed a K9 to attack a handcuffed individual, this could potentially be considered...
View More

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2024

A Civil Rights Action is a federal case which must be filed as a Government Tort Liability Action (1 year SOL; no jury; caps on damages). Few lawyers even know what kind of suit is required. Start with personal injury attorneys here on Justia, as virtually no criminal attorneys can handle it.

View More Answers

2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Are police allowed to file a false report knowing it is false.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

No, police officers are not legally allowed to file a false report knowing that it is false. This would be considered misconduct and potentially a criminal offense.

Key points:

1. Filing a false police report is illegal for anyone, including police officers.

2. For police,...
View More

View More Answers

Q: Filed a 1983 civil rights claim in Mississippi while incarcerated and need help with what I have to do with judges order
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

When you receive a judge's order regarding your 1983 civil rights claim, the first step is to read the order carefully and understand what is being asked of you. Pay attention to any deadlines or specific actions you must take, as missing these could negatively impact your case.

If the...
View More

1 Answer | Asked in Gov & Administrative Law, Tax Law, Civil Rights and Collections for Alabama on
Q: Denial of Taxpayer Rights. Garnishment of federal benefits started in 2022 for 2012 no notice. M

My bank received a notice to file exemption. Employment was served to my bank to check my job status there. They started on April and I wasn't served until dev 2022. Way past time to file. Called all courts in state of Alabama. Nothing found. Lein was out on house the. Taken off. Not sure if... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with the garnishment of your federal benefits and the lack of notice. It sounds like a very stressful and confusing ordeal.

A few key points based on the information you provided:

- If your federal benefits are...
View More

2 Answers | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: How do i get justice for loud noise complaint that the oklahoma police department is doing nothing about it

i have many videos of this noise complaint

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

To address your loud noise complaint, start by documenting everything meticulously. Keep detailed records of the dates, times, and nature of the disturbances, and save all the videos you have. These records will be crucial when presenting your case.

Next, reach out to your local city...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.