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California Constitutional Law Questions & Answers
3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

James L. Arrasmith
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answered on Jul 2, 2024

Under California law, as a member of a local Fire District Board, you do have First Amendment rights, but they can be subject to certain restrictions. Public officials, especially in their official capacity, may face limitations on their speech to ensure that they represent the board and the... View More

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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

It's possible it could violate First Amendment rights, but it would be difficult for attorneys here to make that determination without knowing more about the basis for their approval measures (public safety, firefighter safety, security, or possibly no valid basis). A meaningful analysis would... View More

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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

Robert Kane
Robert Kane
answered on Jul 1, 2024

To prohibit you from talking "about [absolutely any] issues concerning fire protection" seems incredibly broad and unrealistic. As with any organization, some matters may need to remain confidential. For example, city council members may be briefed concerning lawsuits against the city.

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law, Juvenile Law and Family Law for California on
Q: What began as a runaway teen turned into abduction when she returns home. How do I get the police to make arrest?

My daughter ran away, but upon returning home the following day my son's ex manipulates her by saying she was not allowed to come back home. She tells my child if someone sees her cps and police will be called to take her away. The ex girlfriend then relocates her to another location,... View More

James L. Arrasmith
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answered on Jul 1, 2024

1. Document everything: Compile all evidence, including witness statements, timelines, and any communication with the ex-girlfriend. This documentation will be crucial for any future legal action.

2. Escalate within the police department: Request to speak with a supervisor or the chief of...
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2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for California on
Q: Looking for a Federal law attorney to review my documents before I file I complaint in the Federal Court.

I am looking to file a Complaint and Request for injunction and I need it reviewed please.

James L. Arrasmith
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answered on Jun 28, 2024

I understand you're looking for a federal law attorney to review your documents before filing a complaint and request for injunction in federal court. I can offer some general guidance:

1. Finding an attorney:

- Contact your local bar association for referrals

- Use...
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1 Answer | Asked in Constitutional Law and Health Care Law for California on
Q: How to get an involuntary hold overturned to restore 2nd amendment. Location Los Angeles VA. What type of lawyer is need

Checked into the VA for mental health treatment, voluntary, was put in in-voluntary hold for depression. This was in 2012, but no issues since. The ATF said I would need a federal judge to overturn it. This came up when I was accepted into the border patrol but the fed check came back with the... View More

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answered on Jun 27, 2024

To address your situation, you'll likely need to work with a lawyer who specializes in firearms law and has experience with mental health-related firearms prohibitions. Here's a general overview of the process and the type of lawyer you might need:

1. Type of lawyer: Look for an...
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1 Answer | Asked in Constitutional Law for California on
Q: Does this mean that the latest "citizens' initiative" to reduce Prop 13's 2/3 majority will now not be on the Nov ballot

HJTA has flooded the airwaves and mail boxes with petitions to protest in reaction to ACA 1 which is a citizens' initiative as I recall. Is the ruling correct in deciding that issue will not be on the ballot this November? Thus Prop 13, which has been under attack since its inception in 1978,... View More

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answered on Jun 21, 2024

No, the latest "citizens' initiative" to reduce Prop 13's 2/3 majority will not be on the November ballot. The ruling you've mentioned has effectively decided that this issue will not be considered by voters this time around.

The Howard Jarvis Taxpayers Association...
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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
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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....
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for California on
Q: Can I own a firearm if my spouse is a convicted felon?
James L. Arrasmith
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answered on Jun 20, 2024

Under California law, owning a firearm when your spouse is a convicted felon presents significant legal complications. While you, as an individual without a felony conviction, are legally allowed to own a firearm, the presence of a firearm in a home where a felon resides is problematic.... View More

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 Litigation, Criminal Law, Civil Rights and Constitutional Law for California on
Q: How to contest any unconstitutional law?

CA Penal Code 302. It violates First Amendment. Police arrest and the City Attorney in Los Angeles Prosecutes under this code.

The law is vague. There is no religious meeting going on yet LAPD and The Los Angeles City are constantly prosecuting under this code.

This is... View More

James L. Arrasmith
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answered on Jun 4, 2024

I understand your frustration with California Penal Code 302 and your belief that it is unconstitutional. As a private citizen without legal representation, there are a few potential avenues you could explore to challenge the law, although I must emphasize that this general information is not a... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: I have been discriminated on and against since 2002, and have not figured out, till of recent, that I had Executive

Branch (of U. S. Federal Government) economic sanctions put on me, from 2001-present. I made a visit to a branch FBI field office, only to be interrogated, and turned away. Without wanting to view my information I brought there. And, a brushed off experience I got at the U.S. House Congress... View More

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answered on May 29, 2024

To address the discrimination and economic sanctions you've faced since 2002, you may consider taking legal action to challenge the treatment you've received. Documenting all incidents and communications, especially those involving the FBI and the U.S. House Congress Representative, will... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for California on
Q: Is there any Lawyer that is willing to help with a Class action law suit to help the residents of Squaw Valley, CA

Is there any Lawyer that is willing to help with a Class action law suit to help the residents of Squaw Valley, CA that are being adversely affected because of State Law AB 2022? They are forcing our unincorporated community to change our name because Native Americans feel Squaw is derogatory. Even... View More

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answered on May 28, 2024

I understand that this is a difficult and upsetting situation for the residents of Squaw Valley who don't want the name change. Pursuing a class action lawsuit is one potential avenue, but there are a few important considerations:

First, you'd need to find a law firm willing to...
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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for California on
Q: I have a case against cps in Mendocino County i can prove non compliance with ADA and violation of rights per INT.INVES.

There was an Internal investigation to see if my rights were violated and they came to the conclusion that yes indeed they were I have a degenerative ear disorder and am going deaf I asked for an interpreter for ASL as is my right under ADA compliance and was denied 3 times and I have so much proof... View More

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answered on May 28, 2024

I apologize for the difficult situation you are going through with CPS in Mendocino County. It sounds like a very traumatic and painful experience to have your son taken away multiple times over 6 years, especially if you believe there was no valid reason for the removals. Losing that bonding time... View More

1 Answer | Asked in Libel & Slander, Civil Rights and Constitutional Law for California on
Q: What can you do about a person who is in prison that you reported activities such as threats them being on social media

And etc but the prison gave them paperwork with my name on it to make me a target even more now they associates know this person is involved in street activities along with his other families and friends but what can I do for myself and my safety I have seen people try to use it against others in... View More

James L. Arrasmith
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answered on May 27, 2024

This sounds like a very difficult and stressful situation. Here are a few suggestions for things you can do to try to protect yourself and get support:

1. Document everything. Keep detailed records of all threats, social media posts, attempts at intimidation, etc. Save screenshots, emails,...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: if the police withhold a report until the statute expired, and report identified hit-and-run driver, can I sue the SFPD?

In 2016 I was run over intentionally while riding a bicycle, afterward I got word that the dude skipped town and figured oh well guess thats not getting justice. I made several requests for the report, kept getting denied, telling me not enough info, or cant locate. Then right after the SOL... View More

James L. Arrasmith
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answered on May 26, 2024

Based on the information you have provided, it seems that the San Francisco Police Department (SFPD) may have mishandled your case by withholding the police report until after the statute of limitations (SOL) expired. This could potentially be a case of negligence or even misconduct on the part of... View More

1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for California on
Q: I'm a activity assitnt in a nursing home, they have us take out the patients 3x for smoke break, is there a law for that

I just want to know if there's a law against us breathing in all that second hand smoke while being outside watching them, also they have us go with patients to their doctors appointments, shouldn't it be the nurse to do that?

James L. Arrasmith
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answered on May 26, 2024

Regarding your questions about smoking breaks and doctor's appointments as an activity assistant in a nursing home in California:

1. Secondhand smoke exposure:

California has strict laws protecting employees from secondhand smoke in the workplace. However, the laws make...
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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for California on
Q: How do I get a police misconduct case extended until final damages are accessed? Federal filing?

San Jose State police misconduct

James L. Arrasmith
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answered on May 24, 2024

To extend a police misconduct case until final damages are assessed, you need to file a motion for a continuance in federal court. This motion should clearly state the reasons why an extension is necessary, such as the need to gather more evidence, assess ongoing damages, or secure crucial witness... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: how long can a county jail facility deprive its inmates of the required access to hot water?

inmates in one jail pod at a county jail facility, have been without hot water for 3 weeks which is not sanitary, they have filed grievances which have been ignored, they have been given different answers every time they ask anything about the water. Hot water is a basic human need.

James L. Arrasmith
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answered on May 19, 2024

I understand your concern about the lack of hot water for inmates in the county jail. While specific requirements may vary by jurisdiction, depriving inmates of hot water for an extended period raises serious concerns about sanitation and humane treatment.

In California, Title 15 of the...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: if a cop asks the passenger for id and psngr states its in the back of the van in a black jacket and cops asks to grab

it for me and i say yes its in the back in a black jacket and he goes straight to the front seat and finds something illegal is that consider illegal searching?

James L. Arrasmith
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answered on May 12, 2024

Based on the information provided, it seems the police officer may have conducted an illegal search. Here are a few key points to consider:

1. Passengers in a vehicle are not required to provide identification unless the officer has a reasonable suspicion that the passenger has committed a...
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