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Illinois Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Employment Law for Illinois on
Q: Can a department seize an officer's personal weapon without a court order?

I am a law enforcement officer, and my department seized my personally purchased primary duty weapon without a court order. A week prior to the seizure, I became upset about what I perceived as unfair work practices. However, no specific incident, investigation, or policy was cited as a reason for... View More

James L. Arrasmith
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answered on Apr 1, 2025

The seizure of your personally purchased duty weapon without a court order raises significant legal concerns. While law enforcement agencies maintain broad authority to regulate equipment used in official duties, this authority is not unlimited and must be exercised in accordance with... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for Illinois on
Q: Post-conviction relief granted then denied, seeking certificate of innocence in Illinois. What to do?

I filed a post-conviction motion that was granted on January 22, 2025, with the original charge from December 2013 and a conviction in October 2014 being vacated/dismissed, and my bond refunded. I then filed for a certificate of innocence, but a different judge denied my post-conviction relief... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation presents a complex legal puzzle that requires immediate attention. In Illinois, it's unusual for a second judge to overturn a granted post-conviction relief, and this procedural irregularity might be grounds for appeal. The conflicting judicial decisions create a significant... View More

1 Answer | Asked in Gov & Administrative Law and Civil Rights for Illinois on
Q: Is a parking pass required for disabled parking at a mosque event?

I live near a mosque that was recently completed in my area. They are charging for parking during a holiday event, which is fine. However, my mother is disabled and requires a handicap parking space for closer entry. There are designated disabled parking spaces with signs indicating they are for... View More

James L. Arrasmith
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answered on Mar 27, 2025

Disabled parking regulations typically apply to both public and private properties, but enforcement can vary based on local laws and the property owner's policies. While disabled parking spaces must be available by law, whether payment is required for those spaces at private events falls into... View More

1 Answer | Asked in Education Law and Civil Rights for Illinois on
Q: Teacher won't allow bathroom use, how to address legally?

I am facing an issue at school where my teacher repeatedly refuses to allow me to use the bathroom. Despite discussions between my parents and the school administration, the problem persists, and it's negatively affecting my health and well-being. What steps should I take to address this legally?

James L. Arrasmith
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answered on Mar 27, 2025

Your situation is concerning, as access to bathroom facilities is a basic need that impacts your health. You should begin by thoroughly documenting each incident when permission is denied, including dates, times, and any physical symptoms you experience as a result of these restrictions.... View More

1 Answer | Asked in Civil Rights and Employment Law for Illinois on
Q: Privacy violation at UPS during drug test wait

I believe my right to privacy and civil rights were violated by my employer. As a full-time UPS driver with 9 years of service, I was required to sit in an office with the door open for nearly 4 hours while waiting to take a drug test, which should have been conducted at a testing center. During... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation at UPS raises legitimate privacy concerns. Being made to wait in an office with the door open for four hours while colleagues inquired about your presence could potentially violate your right to confidentiality during workplace drug testing. Employment drug testing typically includes... View More

1 Answer | Asked in Civil Rights, Criminal Law and Libel & Slander for Illinois on
Q: Legal issues with song encouraging suicide?

I am considering releasing a song publicly that is themed around encouraging suicide. While the song targets a specific individual, it does not directly state their identity, nor have I communicated to anyone who this person is. There have been some past interactions with this individual and they... View More

James L. Arrasmith
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answered on Mar 26, 2025

Creating a song that encourages suicide could expose you to serious legal consequences. In many jurisdictions, intentionally encouraging or assisting someone to take their own life is a criminal offense, even if the person isn't explicitly named. The fact that you've had prior threatening... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Illinois on
Q: How to retrieve stolen dog from ex-girlfriend?

I was detained for 50 days, and during my detention, my dog was stolen from my house, reportedly by my former girlfriend. Before my detention, my dog was registered to me, and I have documentation of the microchip and vet records. My ex-girlfriend initially communicated that she would return him... View More

James L. Arrasmith
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answered on Mar 26, 2025

Your situation is tough, but you have strong legal standing with the microchip registration and vet records establishing ownership of your dog. As pets are legally considered property, you can file a police report for theft, which creates an official record of the situation even if police... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Employment Law for Illinois on
Q: Chances of winning court case after partial denial of summary judgment.

My summary judgment was partially denied in favor of the defendant; their motion for summary judgment was granted regarding my discrimination and retaliation claims but denied for my harassment claim. I have evidence supporting my harassment claim, and the defendant's representation dropped... View More

James L. Arrasmith
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answered on Mar 26, 2025

Your partial victory at the summary judgment stage is promising. When a judge denies summary judgment on your harassment claim, it means they believe there are genuine factual disputes that deserve a full trial. This doesn't guarantee success, but it indicates your case has enough merit to... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Illinois on
Q: Need help with appealing denial of certificate of innocence in Illinois

I was denied my petition for a certificate of innocence even though my case was vacated and dismissed on my post-conviction motion. I need to appeal the denial to seek compensation for wrongful incarceration through the court of claims. The judge granted me a 14-day extension to file an amended... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand your frustration with the denial of your certificate of innocence. For your amended notice of appeal, you'll need to clearly address the specific reasons for denial by providing documentation that proves your innocence and confirming that your case was dismissed. Many people... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Civil Rights for Illinois on
Q: Can police send a hidden informant into my house without a warrant in Illinois?

In Illinois, can the police legally send an informant with a hidden camera into my home to observe drugs without a warrant? I was unaware that the person was an informant at the time. After being threatened, I was informed about the report written by an officer, which he stated would not be... View More

James L. Arrasmith
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answered on Mar 24, 2025

Under federal law and Illinois state law, police generally can send an informant with a hidden recording device into your home without a warrant if you voluntarily invited that person inside. This is known as the "invited informant doctrine," where courts have ruled that you assume the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Illinois on
Q: Need guidance filing amended notice of appeal for certificate of innocence denial in IL.

My petition for a certificate of innocence was denied because the judge felt I didn't include sufficient documentation or proof of my innocence, even though the same judge vacated/dismissed my case and my bond was refunded. I have received a court form stating the case was vacated/dismissed,... View More

James L. Arrasmith
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answered on Mar 24, 2025

Filing an amended notice of appeal for a certificate of innocence in Illinois requires careful documentation of the judge's errors in interpreting your evidence.

Your situation presents strong grounds for appeal since you have official court documentation confirming your case was...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Illinois on
Q: Seeking legal steps to address organized stalking, harassment, and rights violations related to a federal watchlist in Illinois.

I have been experiencing organized stalking and harassment from law enforcement and citizens for the past three years, including vehicular stalking and a smear campaign against me. Despite relocating to a different state, authorities have not addressed my concerns, leading me around in circles. I... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand you're going through a difficult situation. You should begin by documenting every incident in detail, including dates, times, locations, and descriptions of what occurred. Take photos or videos when possible and keep all evidence organized in a secure location.

Consider...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Illinois on
Q: Stopped by police without citation in Uber, guns found, plea deal. Options to appeal?

As I was entering an Uber, police approached and questioned if I could proceed. After they allowed me to get into the car, they stopped the Uber 15 blocks later for what they claimed was an investigatory stop. There was no citation issued to either me or the Uber driver, as the stop was solely... View More

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2025

The proper thing to do in this situation is to file a Motion to Withdraw your guilty plea, not to appeal. If you wanted to contest the stop, etc., all of that has to be done inside the case, not in an appeal. This is not a DIY type of a case. You need to hire a local lawyer asap.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Illinois on
Q: I need a lawyer to go through the whole trial, appeal transcripts of a wrongful murder conviction.

My fiancé was convicted 20yrs ago of a murder he did not commit. There are so many holes in this case. Racial bias, procedural errors, ineffective assistance of counsel, the judge speaking alone with the jury. No pretrial, no forensic evidence to connect him to the murder. State witness was the... View More

James L. Arrasmith
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answered on Feb 8, 2025

You are dealing with an incredibly difficult and unjust situation, and finding the right lawyer is crucial. Your fiancé’s conviction raises serious concerns, including racial bias, procedural misconduct, and ineffective assistance of counsel. These are all strong grounds for appeal or... View More

1 Answer | Asked in Civil Rights for Illinois on
Q: Whst do I do if the federal marshals raided my house doing damage and searched my home and they had the wrong sdress
James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you had to go through that experience. First, ensure your safety and avoid any confrontations with the authorities. Once things have settled, make detailed notes of what happened, including the date, time, and any damage caused during the raid.

Next, reach out to a legal...
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1 Answer | Asked in Civil Rights for Illinois on
Q: I was incarcerated in Logan correctional from after and before 2021 under extreme conditions how do I apply?
James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about your experience at Logan Correctional. To begin the application process for assistance or support, gather all relevant documents related to your incarceration, including any records of the conditions you endured. This documentation will be crucial in supporting your... View More

1 Answer | Asked in Civil Rights, Legal Malpractice, Libel & Slander and Medical Malpractice for Illinois on
Q: What Fed court petition would force the IL Bar to conceal all info about an IL Attorney who I accuse of crim behavior

I am investigating claims that an attorney known to me by only a last name, Tate, has been acting in some way as my attorney for alleged financial matters. It has been alleged that this attorney, probably from IL, had gained control of an alleged inheritance in the form of a $15 million trust fund... View More

James L. Arrasmith
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answered on Jan 5, 2025

Start by consulting with a reputable attorney who has experience in legal ethics or professional misconduct cases. They can guide you through the process of challenging the federal court petition and help you understand your rights in accessing the attorney’s information. Providing them with all... View More

1 Answer | Asked in Civil Rights, Public Benefits and Small Claims for Illinois on
Q: Can I be denied entry into a bar if the general manager had relations with me while on the clock and cheated on

his girlfriend with me and is now not allowing me into the bar.

James L. Arrasmith
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answered on Jan 5, 2025

Yes, a bar has the right to deny you entry for various reasons, including personal conflicts with management. If the general manager feels uncomfortable or has personal grievances, they can decide to restrict your access as long as it's not based on illegal discrimination, such as race,... View More

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Probate for Illinois on
Q: Grandpaw lied saying he was names executor. No will or probate. can't afford to pay a lawyer upfront. Please advise

1.uncle died no will, never married and no children, no living siblings, at the time of passing next of kin would have been his dad,my grandpa. The probate court has never been petitioned. My grandfather lied to police that he was executor. My grandfather and his girlfriend helped themselves to the... View More

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2024

An executor has to get letters of office from the court to take action on the uncle's estate. If there was no probate, there were no letters of office. That means nobody legally relied on any allegations grandpa made. No bank or court would have relied on such assertions. So the uncle must... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: When creating a petition to rescind statuary summary suspension?

Are all 3 points of argument criteria and requirements? Or is only one point of argument to be chosen and focused upon? And then how far do I go into detail in solidifying my argument? I mean if the entire arrest was unlawful and the officer literally did everything imaginable wrong as far as... View More

Theodore J. Harvatin
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answered on Dec 3, 2024

Although local practices can vary, in general, the petition itself is just a check the box exercise. Then you file a supporting legal memorandum as a separate document. In your case, it also sounds like you should also be filing a motion to suppress.

To be honest with you, the chances...
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