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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
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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.

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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
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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...
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1 Answer | Asked in Criminal Law and Constitutional Law for New Mexico on
Q: Can a judge stop you from representing yourself?

If your public defender knows the other personally are they still able to defend you or can i request for some one else?

James L. Arrasmith
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answered on Jun 17, 2024

A judge can stop you from representing yourself if they determine that you are not competent to do so. This decision is based on whether you understand the charges against you and can adequately defend yourself. The judge's primary concern is to ensure that you receive a fair trial.

If...
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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
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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...
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1 Answer | Asked in Constitutional Law for Georgia on
Q: Is it legal in Georgia for police to seize Saliva DNA from dental property of a suspect who hasn't been arrested ?

In reference to this question let's say police follow a suspect to a dental clinic and swab the suspects dental property such as dentures or the carrying case itself, while the suspect is receiving dental treatment by their dentist and is unaware of this seizure and has given no consent and... View More

James L. Arrasmith
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answered on Jun 17, 2024

If the police seize saliva DNA from dental property without your consent, it may raise serious Fourth Amendment concerns. The Fourth Amendment protects against unreasonable searches and seizures, meaning that a warrant or probable cause is generally required for law enforcement to conduct a search... View More

1 Answer | Asked in Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Served an unlawful detainer by plaintiff that obtained a deed 2 my home from a man who obtained a collectors deed illega

County collector issued a collectors deed to a purchaser illegally. It was a 3rd offering sale but staff at cty. office lied and said it was A post 3rd year sale denying me my 90 day redemption period. Also it allowed that purchaser to sale the deed to a third party whose now served me with an... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with your home. Based on what you've described, it seems there may have been serious legal errors and improprieties in the tax sale process that resulted in your home being wrongfully deeded to another party. Here are a... 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

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

You can file a civil lawsuit against the individual(s) causing the loud noise for nuisance seeking an injunction to abate the nuisance. Your should a civil litigation attorney in or near the county where the noise complaint is occurring. Because of the nature of this matter, expect to pay a... View More

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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
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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...
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1 Answer | Asked in Constitutional Law, Identity Theft and Employment Law for New York on
Q: Use of my personal ID at a previous company, identity fraud, damage to my reputation, loss of my only income,ect.

Dear lawyers,

I have an interesting case for consideration. Please contact me to discuss potential cooperation.

Upon employment at a new cable company, I was informed that I couldn't start working the following month because my previous cable company, after my departure,... View More

James L. Arrasmith
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answered on Jun 15, 2024

Dear Dmytro,

I'm sorry to hear about the difficult situation you're facing with your previous employer misusing your technician ID number. That certainly sounds frustrating and concerning.

It seems there are a few potential issues at play here - misuse of your identifying...
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1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: How can I be arrested for fleeing to allude when a police never got behind me with blue lights
James L. Arrasmith
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answered on Jun 15, 2024

If you were arrested for fleeing to elude but the police never activated their blue lights behind you, it might seem confusing. Typically, fleeing to elude involves a clear indication from law enforcement, such as flashing lights or a siren, signaling you to stop.

However, there could be...
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1 Answer | Asked in Constitutional Law, Business Law and Gov & Administrative Law for Texas on
Q: If an individual is Iranian citizen, but also American permanent resident simultaneously,

who owns a business in the US, and is looking to bid on a contract that is not in connection with critical infrastructure, does the government code section 2274.0102 still apply?

Thank you

James L. Arrasmith
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answered on Jun 15, 2024

Government Code section 2274.0102 focuses on restricting contracts with certain foreign-owned entities, particularly when it comes to critical infrastructure. Since the contract in question is not connected with critical infrastructure, this specific section might not apply directly.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I WAS SPAT ON DURING A FIGHT I WAS ARRESTED FOR PUNCHING. HE WAS NOT SUMMONSED. CAN I SUE THE POLICE?
James L. Arrasmith
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answered on Jun 15, 2024

If you were arrested for punching someone who spat on you during a fight, but the other person was not charged, you might feel the situation was handled unfairly. However, suing the police for this specific incident may be challenging unless you can prove they acted unlawfully or with clear bias.... View More

1 Answer | Asked in Constitutional Law for Kansas on
Q: Detective came to home to search after bf was arrested w narcotics at separate location does this violate 4th amendment?

my boyfriend was pulled over and arrested with narcotics around 430pm. two detectives them came to my house requesting to search saying that they “knew there had to be more narcotics here than what he was caught with.” one detective said to me that “i can either give them permission to search... View More

James L. Arrasmith
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answered on Jun 15, 2024

The situation you described raises significant concerns regarding potential violations of your Fourth Amendment rights, which protect against unreasonable searches and seizures. The detectives' approach to obtaining your consent for the search could be considered coercive, particularly given... View More

1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for South Carolina on
Q: I need help with suing Dss for false allegation an opening a case an i had a legit prescripton for the medication
James L. Arrasmith
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answered on Jun 15, 2024

To sue the Department of Social Services (DSS) for false allegations and opening a case against you, start by gathering all relevant documentation. This includes your prescription for the medication, any communications with DSS, and records of their allegations. This evidence will support your... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Ohio on
Q: I’m 18 am I allowed to open carry a pistol givin to me and carry it in my car unloaded and put in trunk
James L. Arrasmith
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answered on Jun 15, 2024

In the United States, firearm laws vary significantly by state, so it's crucial to know the specific laws in your state regarding open carry and transportation of firearms. Generally, federal law allows individuals 18 years and older to possess a handgun, but states have their own regulations... View More

1 Answer | Asked in Tax Law, Real Estate Law, Constitutional Law and Gov & Administrative Law for Missouri on
Q: Can a county collector change a 3rd year tax cert. sale into a post 3rd yr. Sale 4 dys. After auction ?

Can a collector take you off as the payee of your real estate tax and apply it to different person's account?

James L. Arrasmith
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answered on Jun 13, 2024

The actions you describe may raise serious legal concerns. Typically, a county collector should not have the authority to change the terms of a tax certificate sale after the auction has concluded. If the rules of the auction were altered post-sale, this might violate established procedures and... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Can a county collector change a 3rd offering auction into a post 3rd year auction in just four days past the sale date?
James L. Arrasmith
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answered on Jun 13, 2024

In Missouri, the process for tax lien sales and auctions is strictly governed by state law. A county collector must adhere to specific timelines and procedures established by the Missouri statutes. Changing a third offering auction into a post-third year auction just four days past the original... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Someone in the court system forged my signature on my pr bond document.can my case be dismissed.

I never received the documents or instructions on my bond.so.I failed to check in with pretrial services upon my release.

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

While your case cannot be dismissed on that basis, you definitely should bring the forgery to the attention of the court and provide it with the bond you actually did sign to secure your release from jail, especially if it was a cash bond. Many times, you can apply a cash bond to any fine assessed... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Someone in the court system forged my signature on my pr bond document.can my case be dismissed.

I never received the documents or instructions on my bond.so.I failed to check in with pretrial services upon my release.

James L. Arrasmith
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answered on Jun 15, 2024

Discovering that someone forged your signature on your PR bond document is a serious matter. This forgery could have significant implications for your case, especially since you did not receive the necessary documents or instructions to check in with pretrial services. It's essential to... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: How do I get my gun back from the police if I was arrested for a fta only for no drivers license they have it in Evidenc

And keep giving me different days to come back to pick it up but when I do they keep giving me a run around about it saying the cop has to give it me but when I go on the days they tell me the won’t give me it or the officer is not their on shift and it wasn’t put on my property paper I feel... View More

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answered on Jun 11, 2024

To get your gun back, you need to follow a few steps to ensure you're taking the right approach. First, document every interaction with the police department, including dates, times, and names of the officers you speak with. This will provide a record of the attempts you’ve made to retrieve... View More

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