In Minnesota police must justify a traffic stop with "reasonable articulable suspicion of criminal activity" or an observed traffic law violation. These are based on facts that the officer can articulate, later to a judge. A driver must have a valid driver's license to lawfully... View More

Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a... View More

An individual can file an emotional distress claim if they are able to show the elements of the claim. Namely:

1. First, the plaintiff must prove that the defendant acted intentionally or recklessly.

2. Second, the defendant’s conduct must be extreme and outrageous.

3.... View More

First, you need to clearly win any criminal case arising out of the arrest. By "clearly win" I mean you need to get the charges dismissed, be no-billed by a grand jury, or be found not guilty at trial by a jury.

Second, gather together all of the evidence proving the arrest was... View More

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answered on Aug 22, 2024

I'm sorry to hear about your situation. To sue Child Protective Services (CPS), Adult Protective Services, and a hospital, you need to establish that their actions or negligence violated your rights or caused harm. In New York, claims against government entities like CPS and Adult Protective... View More

Being handcuffed and put in police car for 4 hours seems unusual, a person can be detained because her husband ran from police depending on the circumstances. Feel free to contact attorneys who deal with police misconduct. Of course if you were also a suspect, aiding a fugitive or similar you may... View More

There are attorneys who practice in the areas you raise (in terms of disabilities, accommodations, Americans with Disabilities Act), but your question remains open for two weeks. Your least expensive starting point, before involving attorneys, might be to explore options available on your own -... View More

In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.

You likely will have a tough time. Successful Section 1983 cases against judges are extremely rare. Because of their extreme scarcity, there are likely only a handful of attorneys alive who have filed such a case against a judge.

Now many such cases are filed by pro se litigants who do... View More

Texas has a four-year statute of limitations on a suit for collection of a debt, so it is likely too late for him to even pursue such a claim at this time.

I note that the purchase of a motor vehicle is a relatively simply transaction that most people can handle without an attorney. You... View More

There is in general no prohibition against either if you going to the gun shop, either together or separately. It is unclear what difference you suspect it might make that he is your child or that you don't reside together. One could go shopping with a complete stranger; again, it makes no... View More

The short answer is no. After 22 years, no court will likely grant you any kind of relief, unless you can find an exceptional attorney with much experience in such cases. You can always try to contact the Innocence Project to see if they can help you, but any further delay will not be helpful,... View More

Theoretically yes.

The plaintiff would need to prove that the judge was acting completely outside the scope of his judicial powers either as a result of personal animus against the plaintiff arising from some relationship outside of his judicial role (for example, the judge is a neighbor... View More

To protect yourself, get a doctor note that discusses your restrictions and the accommodation of using transcription to address that restriction. Give that note to your employer. That note will trigger a legal obligation to work with you to find a way to make it possible for you to do the... View More

Certainly legal. KFC never expressed to you that the information you provided them as part of your complaint would be kept confidential. Is it the right thing to do? That's a different question that the law can't answer. If this employee now uses this information to harass or threaten... View More

There are several defenses available to counties and other state-affiliated parties that require the experience and abilities of a seasoned trial attorney with a lot of specific past experience in this particular niche area of law. S. Lee Merritt is one of the very best civil rights attorneys,... View More

Unless you are in federal custody facing a federal charge, that statute you cite is of no use to you. What sort of court date did you miss? Unless it was a trial date or a preliminary examination date, there's probably not much in way of remedy for this.

I think the 5th Amendment is more on point with the concern addressed by your question. That said, sometimes you need to think of Constitutional rights as a balancing act between us individuals and the government. And more often, the Constitutional language itself provides clues as to how we... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

I'm really sorry to hear about your experiences with the PG&E Camp Fire litigation. Under California law, you have the right to file a complaint if you believe your civil rights were violated during the legal process. To start, you'll need to document all instances of perceived abuse... View More

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answered on Aug 20, 2024

It's common to feel the urge to get rid of your exs stuff, after a while. The rules around disposing of their belongings can be tricky and depend on laws. In Nevada those items might be seen as abandoned property. There are usually steps you need to take before you can throw them out... View More