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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Employment Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: Legal steps for church governance violations, threats, and retaliation.

I am facing a complex situation at my church where the former Pastor, due to adultery, has not yet been reinstated because of opposition by members, including myself as the Vice President of the Board. His spouse, the acting Pastor, barred me and my family from entering church premises without due... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 19, 2025

There is no "due process" with non-governmental entities, nor are there violations of your right of association and religious freedom. These are rights which protect you against the government, not private entities like your church. What you describe are basically issues of contract law;... View More

1 Answer | Asked in Employment Law and Civil Rights for Florida on
Q: Is asking for an ADA accommodation enough to meet the standard under federal and state law in employment?

I requested specific accommodations under the ADA, specifically asking for meeting notes due to my ADHD and ASD conditions. My employer refused, citing privacy concerns, and claimed they are not subject to federal or state laws. I have supporting documentation, but they did not ask for it. Is... View More

Carmen "Jack" Giordano
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answered on May 18, 2025

We are located in New York, but here are a few things to consider under federal law. You say that your employer claims that the federal ADA and State law do not apply to them. Note generally speaking, once you make an accommodation request, your employer:

      •   Must engage in...
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2 Answers | Asked in Libel & Slander, Civil Rights and Personal Injury for Florida on
Q: Can I sue a sheriff for defamation if he called me a "waste of life" on TV and social media?

In 2023, a sheriff called me a "waste of life" on live television and on social media. These statements were related to my arrest, where I was held for two years before winning at trial despite lacking probable cause or evidence. This defamation led to the loss of my job, kids, and... View More

Charles M.  Baron
Charles M. Baron
answered on May 13, 2025

You may have a potential viable claim against the Sheriff if you file suit within two years of the date of the defamatory communication. The statute of limitations period for defamation is two years. Another issue to look into is whether the TV station(s) might have liability, though that is... View More

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3 Answers | Asked in Foreclosure, Animal / Dog Law, Civil Rights, Civil Litigation and Real Estate Law for Florida on
Q: Animal control took my horses during foreclosure without abuse allegations. How do I retrieve them and hold people accountable?

My house was foreclosed, and we were given ten minutes to leave the premises. Animal control took our valuable horses, claiming it was necessary because we couldn't move them ourselves, despite us having the means to do so with some additional time for arrangements. The sheriff threatened me... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 12, 2025

I'm sorry you had that experience and I understand how difficult it is to relocate horses on short notice.

Technically, the horses were not stolen and were likely considered abandoned just like any other personal property left on the premises. The sheriff has to post a 24-hour notice...
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4 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Florida on
Q: What legal options do I have after receiving homophobic text messages?

I received a homophobic comment in a text message from someone I met yesterday. This person works at a law firm. I have evidence of the text message. I'm considering what actions I can take regarding this situation. What legal options do I have?

Charles M.  Baron
Charles M. Baron
answered on May 9, 2025

Unwanted text messages of any kind constitute cyberstalking IF you make it clear that the messages are unwanted. Therefore, make a writing (either on your own or through an attorney) that demands the person to stop sending texts (or, if you desire, to stop communicating with you by any means) and... View More

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4 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Florida on
Q: What legal options do I have after receiving homophobic text messages?

I received a homophobic comment in a text message from someone I met yesterday. This person works at a law firm. I have evidence of the text message. I'm considering what actions I can take regarding this situation. What legal options do I have?

Stephen Arnold Black
Stephen Arnold Black
answered on May 9, 2025

This could be considered an extreme and outrageous act sufficient to expose the sender to a cause of action for intentional infliction of emotional distress. However, I doubt that any attorney would be interested in taking the case because there’s no physical injury. You could sue him in small... View More

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2 Answers | Asked in Car Accidents, Wrongful Death, Civil Rights and Personal Injury for Florida on
Q: Seeking justice for wrongful death due to police department negligence with DUI laws.

My 22-year-old stepdaughter died in a car crash in Central Florida last April. She had previously been involved in a DUI incident, where she refused a breathalyzer, but was released on her own recognizance without immediate license suspension. Despite this, she was able to legally buy and register... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 5, 2025

In Florida, a stepfather may not automatically qualify to sue for wrongful death unless he was legally recognized as the child's parent or financially dependent on her. The claim must be filed by the personal representative of the deceased's estate on behalf of eligible survivors.

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2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: Can a police officer search my car based on incorrect tag information and profiling?

Can a police officer search my car just because he thinks he can? I was pulled over because they claimed my tag came back as a black Cadillac, but I proved this to be incorrect. The officer searched my car after I showed the tag was good, without any other violations being mentioned. I believe... View More

Charles M.  Baron
Charles M. Baron
answered on May 5, 2025

It depends on what you mean by "he thinks he can." No police officer may lawfully search a vehicle without consent or warrant just because the officer feels like it. The non-consent, non-warrant circumstances that may legally justify a search include search incident to an arrest (which... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: What is the potential value of a civil rights lawsuit in Florida with multiple amendments violated and evidence tampering involving sheriff bodycam footage?

I'm involved in a civil rights lawsuit where my rights under the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, and 14th Amendments have been violated and deprived under the color of law. Additionally, there has been evidence tampering, specifically with the alteration of sheriff bodycam footage.... View More

Charles M.  Baron
Charles M. Baron
answered on May 3, 2025

The issue of the maximum amount you can claim by law and the predictable monetary value of a claim are two different questions.

For police/sheriff misconduct incidents, there are potential claims under both State (Fla.) law and Federal law. State law claims against State or local entities...
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2 Answers | Asked in Criminal Law, Employment Law, Immigration Law and Civil Rights for Florida on
Q: Is it illegal to file a false police report in Florida?

My son is currently incarcerated after being charged with battery by his domestic partner, an immigrant from Venezuela, who wanted him to marry her so she could remain in the U.S. When he refused, she called the police and accused him of battery. He has witnesses to prove he was not present at the... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Apr 29, 2025

You could retain a skilled lawyer who will focus on your son's case. A significant fact, which you might not know, is that immigration law gives nearly automatic status to a person claiming to be a "victim" of domestic battery. So your son's former domestic partner can get what... View More

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3 Answers | Asked in Libel & Slander, Internet Law, Civil Rights and Personal Injury for Florida on
Q: Can I pursue legal action for cyberbullying and libel against a foreign business targeting me on social media?

I am based in Orlando, Florida, and have been targeted by a business operating out of Toronto, Canada, owned by an individual with South Korean or dual Canadian-South Korean citizenship. The business doxxed me by posting photos from my private Instagram account on Twitter and requested their... View More

Nicholas Arthur Matlach
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answered on Apr 16, 2025

You may have grounds for legal action under several theories, including cyberbullying, targeted harassment, or libel, though specific outcomes depend on the details and evidence. Under U.S. federal law, there is no specific statute for cyberbullying; however, harassment and stalking are covered... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

James Clifton
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James Clifton
answered on Mar 26, 2025

It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 26, 2025

Your only option if you want ANY chance of prevailing at all is to retain a personal injury law firm, and you can look state-wide. Taking on something like this is very complex and would be extremely difficult for you to undertake on your own. Not only would there have to be an investigation of... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 27, 2025

Suing a government agency like the fire or police department for negligence can be difficult due to sovereign immunity, which limits such lawsuits. To succeed, you would typically need to prove gross negligence or failure to meet a legal duty, and strict legal deadlines apply.

It may also...
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2 Answers | Asked in Real Estate Law and Civil Rights for Florida on
Q: Flag display limits on residential property in Florida HOA

I live in a residential property with an HOA in Florida. Currently, I display a service flag off my porch and have a 20-foot freestanding flagpole in my front yard with a 4' x 6' American flag and a 2' x 3' POW-MIA flag. The HOA property manager is telling me that I cannot have... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 18, 2025

Florida Statute Section 720.304(2)(a) allows you to fly up to two (2) flags that are no larger than 4.5' x 6'. They can be a US flag, Florida flag, POW-MIA flag, first responder flag, or any US military flag. The 20' flagpole is the maximum height allowed. This has been a Florida... View More

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4 Answers | Asked in Criminal Law, Libel & Slander and Civil Rights for Florida on
Q: Can media coverage of a court miscommunication affect my trial and public defender's reputation?

I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2025

Sorry to hear about this incident that is worrying you. First, you currently have a lawyer - your APD (Asst. Public Defender), with whom you should discuss these concerns. That discussion might alleviate your concerns. If you have doubts about your lawyer's competence and/or veracity, you... View More

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4 Answers | Asked in Criminal Law, Libel & Slander and Civil Rights for Florida on
Q: Can media coverage of a court miscommunication affect my trial and public defender's reputation?

I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2025

Sorry, had typo in my previously-posted answer: Second line from bottom "ability to remove one for cause...." should read "ability to remove any for cause...."

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2 Answers | Asked in Civil Rights and Family Law for Florida on
Q: Can parents take my phone at 18 if I don't pay for it?

Can my parents legally take my phone if I am 18 years old, even though I don't pay for it? I currently live with them, they are my legal guardians, and there are no specific house rules or agreements about phone use.

Charles M.  Baron
Charles M. Baron
answered on Mar 15, 2025

Not sure if you are saying that your parents have been APPOINTED BY THE COURT to be your legal guardians while you are an adult, or instead are using that phrase loosely, with them not actually being appointed. If appointed by the Court, they likely have the right to control your possessions as if... View More

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2 Answers | Asked in Civil Rights and Family Law for Florida on
Q: Is it legal for my family to force me to get a birth control implant when I'm 18 or else I'll be put out on the street?

I am 18 years old and currently live with my grandmother and dad. They discovered that I have been seeing someone and are now forcing me to get a birth control implant; otherwise, they will make me move out. I found some organizations under the Project Heart Foundation, but I currently have no way... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2025

No, your family cannot force you to use birth control devices. You are of age and so they can't require it. If they require you to move out, they can do so. You can demand that your grandmother return your phone to you.

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2 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: Is Florida statute of limitations affecting my class action payment correct?

I am part of the Boy Scouts of America class action sexual abuse case and categorized under Tier 2. Despite this, I am being told that I will receive a lower payment due to the statute of limitations in Florida, where the abuse occurred 30 years ago when I was under 13. From my research, it seems... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

Sorry to hear about your ordeal. Unfortunately, you will likely not be able to obtain legal advice on the statute of limitations applicable to your particular situation by making online inquiries. Rather, you must have direct communication with a lawyer, who would have to discuss and review your... View More

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