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1 Answer | Asked in Civil Rights and Libel & Slander for California on
Q: Can I sue the police department for mishandling the case

I know I’m innocent and upon reading the police discovery I know it’s not true and I know 100% I’m innocent and I did not commit a murder. I got arrested in Oct 2021 and I’ve got my bail reduced to 50,000 from 1,000,000 I’ve been emotional stress and my kids are afraid of cops now because... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm so sorry you're going through this incredibly difficult situation. Being falsely accused of a serious crime like murder must be extremely stressful and traumatic, especially with the impact it's had on your children and your ability to work.

In terms of potentially suing...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have a friend who did not show up to court and now the Sheriff's Department is looking for him.

They came to my hotel and started asking questions about me (license plate number, room number, etc.) and suggested the hotel evict me...which they did. I am not under investigation by this department and they came here solely looking for my friend and, for some reason, thought he was with me. I am... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, this situation raises several legal concerns regarding privacy, police conduct, and tenant rights. Here's an analysis of the key issues:

1. Police questioning:

Law enforcement generally has the right to ask questions as part of an...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have a friend who did not show up to court and now the Sheriff's Department is looking for him.

They came to my hotel and started asking questions about me (license plate number, room number, etc.) and suggested the hotel evict me...which they did. I am not under investigation by this department and they came here solely looking for my friend and, for some reason, thought he was with me. I am... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

When a deputy sheriff is looking for a fugitive, he/she absolutely can talk to people who may know the fugitive and ask questions. You have no obligation to answer them. Your recourse is to decline to answer the questions.

While they can suggest to a hotel that it evict you, they cannot...
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2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: I am looking for an attorney willing to sue local police department for malfeasance

in 2019 I was assaulted at my home by a felon. I displayed a firearm and was arrested for ag assault with a deadly weapon. Charges rejected by prosecutor without pre trial diversion. After waiting 3 years, my attorney filed for expungement which was granted and final June 19, 2023. Now one year... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about the difficulties you're facing. You may have grounds to sue the city police department for damages to your reputation, false arrest, and failing to comply with the expungement order. These types of cases typically involve claims of malfeasance and the violation of... View More

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1 Answer | Asked in Civil Rights, Personal Injury, Constitutional Law and Federal Crimes for California on
Q: Attorney For Civil rights Complaint pursuant to 42 U.S.C 1983, 1985 and 1986 with multiple defendants. 10+ Defendants.

I need assistance filling and drafting these documents.

1)Complaint; Claims 42 U.S.C 1983, 1985, 1986

2) Temporary Restraining Order (TRO) Request

3) Preliminary Injunction Request

4) Affidavit

5) Memorandum of Law

6) Summons and Notice of... View More

James L. Arrasmith
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answered on Jun 9, 2024

Here is some information to help you draft the key documents for filing a civil rights complaint under 42 U.S.C. 1983, 1985, and 1986 in California with multiple defendants:

1. Complaint

- Identify yourself as the plaintiff and list all defendants

- State the basis of the...
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2 Answers | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Is it fair that negligence can be discrimination?

Discrimination in certain laws can be due to negligence but in those same laws also they define discrimination as “intentional”. If your negligent your not intentional. Obviously negligent discrimination is a damage to a person but I feel we are playing with to many words.

James L. Arrasmith
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answered on Jun 10, 2024

Negligence and discrimination are distinct concepts, yet they can intersect in certain legal contexts. Discrimination typically implies an intentional act, where someone is treated unfairly based on characteristics such as race, gender, or disability. Negligence, on the other hand, refers to a... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Is it fair that negligence can be discrimination?

Discrimination in certain laws can be due to negligence but in those same laws also they define discrimination as “intentional”. If your negligent your not intentional. Obviously negligent discrimination is a damage to a person but I feel we are playing with to many words.

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

A civil rights attorney could handle your question best, but you await a response for a week. The short answer is that discrimination in general doesn't necessarily require intent. For example, certain policies may have the effect of resulting in discrimination in a given setting. Depending on... View More

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1 Answer | Asked in Internet Law and Civil Rights on
Q: Besides other issue I am being harraSsed. The offenders have blocked computer........

I am more likely to be charged with several crimes that I have not committed , I am 73 years old, have very little to my name and have been ostracized by negative influential tactics being done by investigators. I am sick with diabetes, digestive issues and hypertension. I have readings done read... View More

James L. Arrasmith
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answered on Jun 8, 2024

I understand that you are facing a very difficult and stressful situation. Being harassed, blocked from accessing important medical information, and potentially facing false criminal charges at your age and with serious health conditions must be incredibly distressing. I'm so sorry you are... View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

James L. Arrasmith
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answered on Jun 8, 2024

This situation potentially involves several legal issues related to inmates' rights and prison conditions. Here are some key points to consider:

1. Eighth Amendment: The Eighth Amendment prohibits cruel and unusual punishment. Poor living conditions, such as the presence of fire ants,...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

John Cucci Jr.
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answered on Jun 8, 2024

Sounds terrible.

All of the issues are part of Administrative process. The inmate has the right to have all of the paperwork and Notice of all the alleged violations by the inmate. You need to get all of those documents and comb through them to see if there really are violations, and...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for New Mexico on
Q: I recently went to see my boyfriend in prison, a they searched my car. & took pictures of my cashapp can they do that?

I got intergated after my visit, they threatened me a searched my car & took pictures of my bank accounts. The Correction officer said I was supposed to hand an inmate something because of my recent phone call of visiting the inmates family, before the visit this is my first time visiting my... View More

James L. Arrasmith
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answered on Jun 7, 2024

I'm sorry to hear about your experience. In general, correctional facilities have strict security protocols, and searches of vehicles and personal belongings can be part of these procedures, especially if they suspect contraband. However, taking pictures of your bank accounts and other... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for California on
Q: I only had one dui misdemeanor in my life in 2018 this year a old friend of mine admitted to a crime

Of PC490.2-MISD-Petty Theft in front of three officers taking fault on the body camera and now they sent a complaint for me to come to court why would I be blame too I was there but the person admitted to it on the scene where the police had us I don’t understand it and in a different county... View More

James L. Arrasmith
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answered on Jun 6, 2024

Under California law, facing charges for petty theft (PC 490.2) and disorderly conduct (PC 647(f)) can be stressful, especially if it’s your first encounter with such charges. Since your friend admitted to the petty theft in front of the officers, you might have a defense against this charge.... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If a warent was dismissed and police confiscated my fire arm with out consent do they have to give it back

Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a complex legal situation regarding the confiscation of your firearm and potential violations of your constitutional rights. I can offer some general information that may be helpful:

1. Warrant dismissal: If the warrant was dismissed, this could potentially...
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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If a warent was dismissed and police confiscated my fire arm with out consent do they have to give it back

Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2024

Hate to break it to you, but your issue begins and ends with you taking a plea. You're not getting that firearm back. All the possible defenses you raised here - constitutional violations - should have been raised and litigated before the plea.

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2 Answers | Asked in Civil Rights, Personal Injury and Libel & Slander for Illinois on
Q: How do I find someone to take a case against a police officer and states attorneys office for unlawful arrest
Charles Candiano
Charles Candiano
answered on Jun 6, 2024

You CANNOT sue a police officer or the state's attorney for anything they do in the performance of their official duties. They are immune from prosecution. Beyond that, a police officer has broad discretion in making an arrest. If you believe the arrest was unlawful, you should discuss the... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Medical Malpractice for California on
Q: Criminal case where I told on myself but that's not what CHP said they said they took me to the hospital and I never

Went I went to the drunk tank and they lied through my whole police report and so did the hospital I have them in lies on the police report n "hospital bills" they charge my partnership n chp lied through there teeth and so did the hospital!! I just need someone to help me!!

James L. Arrasmith
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answered on Jun 6, 2024

I understand that you are in a difficult situation and believe that the California Highway Patrol (CHP) and hospital staff have lied in their reports about your case. It's important to address these concerns through the proper legal channels. Here are some steps you can consider:

1....
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Is tracking someone's location and going out to that specific persons location intentfully fall under the 4th Amendment?

As asked above, would they need probable cause to obtain the location/use the location. How about investatory purposes? There would need to be probable cause, correct?

James L. Arrasmith
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answered on Jun 5, 2024

The 4th Amendment of the U.S. Constitution protects against unreasonable searches and seizures by the government. Whether tracking someone's location falls under 4th Amendment protections depends on the specific circumstances.

In general, under the U.S. Supreme Court decision in...
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1 Answer | Asked in Civil Rights and Civil Litigation for California on
Q: I have a civil case and was wondering if the statues keep running when papers r filed? Can u extend time?
James L. Arrasmith
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answered on Jun 5, 2024

When you file a civil case in California, the statute of limitations generally stops running. This is known as "tolling" the statute of limitations. Once you file your lawsuit, the clock is paused, allowing your case to proceed through the legal system without concern for the deadline... View More

1 Answer | Asked in Civil Rights for California on
Q: Can I sue a shelter for being totally harassed by shelter staff

A shelter staff went out of his way by confronting me, calling me name's and taking my things

James L. Arrasmith
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answered on Jun 5, 2024

In California, you may have grounds for a lawsuit against a shelter if you have been subjected to harassment, discrimination, or other unlawful treatment by shelter staff. Here are a few potential legal avenues:

1. Discrimination: If the harassment was based on your membership in a...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: What do I do if I’m denied the ability to make a missing persons report.

My son has been missing since 2022

James L. Arrasmith
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answered on Jun 5, 2024

I'm so sorry to hear that your son has been missing since 2022. That must be an incredibly difficult and painful situation. If you have been denied the ability to file a missing persons report in California, here are some steps you can take:

1. Speak with a supervisor: If an officer...
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