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Indiana Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can I sue the Police department narcotics department for drug raiding my house I wasn't person on the bodily warrant I

was arrested and put in jail for 4 days charged with a felony and mistometer, my lawyer got case dismissed for invalid search warrant, invasion of privacy. I was evicted charged 3000 for damages the 15 narcotics officers done knocking down doors and destroying house. I have been tuned down jobs,... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 13, 2018

It sounds like you may have a case, I would suggest the 'find a lawyer' feature on Justia to find an attorney in your area that handles suits against police, called 1983 actions. Also be mindful that you have a short window in order to put the department on notice, which I believe is 180... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Indiana on
Q: What should be the next step to proceed after denial of default motion
Ary Avnet
Ary Avnet
answered on Jul 10, 2018

I would make sure that service has been perfected. Then you need to proceed to discovery or move for summary judgment if you are able.

1 Answer | Asked in Civil Rights and Libel & Slander for Indiana on
Q: is it discrimination to refuse to sell a health product to a disabled person

My disabled son buys syringes for his diabetic dog every month from the same CVS, this time the new person refuse to sell to him ( as she told me, because he seemed shady and he was shaking), part of his disability is shaking. I ended up going to get the syringes, and she told me how she... View More

Gary Kollin
Gary Kollin
answered on Jun 2, 2018

I am wondering how the cashier would have known the condition is related to your son's disabilityso you can establish discrimination.

Sounds like the manager just wants to get rid of the whole thing and resolve in nominally

Is your son a good witness for a suit and is there any...
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1 Answer | Asked in Traffic Tickets and Civil Rights for Indiana on
Q: Pulled over, and the officer asked to search my vehicle. I said no. He then reached in and rolled down my back window!

I then started video recording. He admitted doing it on the video. He said he had the authority even though I told him he could not search my car! And he said I must be guilty, otherwise I would have let him search! (Bad logic!) When I told him no, he reached in and rolled down my back window to... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 9, 2018

You should contact an attorney who knows the court where your case is pending to determine the bests way to proceed.

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Indiana on
Q: My landlord is doubling my rent after I quit working for him. Also has neglected to rid the house of pests. Can I sue?

I was supposed to be on a 5 year land lease. Putting half of my tax return into the property each year. He was my employer as well. I found a different job and he plans on doubling my rent. I have put money and a lot of time into this property. The property will NOT pass inspection. It is NOT up to... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 3, 2018

There's way too much going on here to get a quick answer over the internet. You need to consult with a real estate attorney in your area ASAP. You may have rights in the property based on the money you have put into it and from the terms of your agreement.

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: What is considered a reasonable time when showing a house (to potential buyers) that is occupied by renters? M-F? wkend?

what is considered reasonable? is a Saturday or Sunday morning at 10am a reasonable time for the real estate agents to show a property if said property is currently being rented? is it legal for the tennants to only allow that it be shown M-F only?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 26, 2018

Unless you stipulated otherwise in the lease agreement, you can basically show the house whenever you want, provided that you give advance notice and the hours are reasonable. Having a showing during normal business hours is perfectly acceptable, weekday or weekend. Be nice about the process and... View More

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can the police question a minor at school without a parent? My son asked the school to call me and they told him no...

They told him they were his guardian. Also the police told him if he didn't answer them they would take him to jail. Also that he could not plead the fifth...that he did not have the right to remain silent.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Feb 18, 2018

Sounds like you need to hire an attorney ASAP to protect your son's interests as there may be some constitutional violations.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Indiana on
Q: East side of Indianapolis,IN. Police refuse to charge or arrest. Can i demand the police to perform a citizens arrest?

Live on East side guetto of Indy but my husband i are proffesionals with no criminal record. Proud gun owners with license to carry. Earlier this year a guy(age 24) and 2 kids broke into the 3rd house down from mine. I witnessed the crime. Reported it. They came out and spoke to the 3 criminals and... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 27, 2017

Your options are to ask to speak to the supervisors of the officers or the chief of police. Another option would be to contact the prosecutors office and schedule an appointment to speak with a prosecutor. Have you also contacted the local media?

1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Indiana on
Q: What can I do when a roommate of mine threatens me, including a threat of damage to my property? I live in Indiana.

The roommate is not on a lease, has lived here for over 6 months, and is the son of father’s girlfriend. My father owns the house. His threats also including filing false charges against me with the police, access to private electronic communications, that I never gave any right to get and have... View More

Chase T Wilson
Chase T Wilson
answered on Nov 20, 2017

You should contact the police or your father and attempt to have him removed from the premises. You may also want to obtain a restraining order against him.

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Indiana on
Q: Was found guilty of driving while suspended as a Class A misdemeanor. Law states driving is knowing driving while

Suspended. I had been out of state for a couple of months. The suspension letter was dated 2 says prior to me getting the ticket. The judge informed me that I was correct about the text of the law, however stated that "case law" says driver "knows or should know" their license... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Oct 19, 2017

You should contact a local attorney very soon as appeals are time sensitive on filing a notice of appeal. An expungement of the conviction is possible, but there is also a time frame before you can petition the court. If you miss your deadline then you would be barred from going forward on the... View More

Q: I need to file a waiver for my reinstatement fees but I don't know where to get the form from or how.

My license are suspended. I need to pay the fee to the bmv but im indigent and can't afford to pay it or hire a lawyer to do it for me.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 27, 2017

Go to in.gov and you will find a link that will give you the affidavit for indigence and documents for the petition as well as instructions to file. If you do not have a computer, I'm sure you local library has a computer you can use.

1 Answer | Asked in Civil Rights and Traffic Tickets for Indiana on
Q: Whats the statute of limitations on evading a police officer with a motor vehicle in Indiana?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 19, 2017

Need more specifics, however, the statute of limitations on a felony is 5 years

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Why can my husband get his transcript or discovery for the courts.

He has filed both an appeal and a pcr. An has never been able to get these. Always is given the run around should he not have these documents

Paul Stanko
Paul Stanko
answered on Aug 25, 2017

If you file an appeal or PCR and want your transcripts, etc., some arrangement must be made for payment. Your husband should have a lawyer who can answer these questions.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Indiana on
Q: I'm currently renting a house in Indiana and it is of mold. The landlord knows. What should I do?

It started in the basement he told me to use bleach. I told him that doesn't work. He could careless. Then the bathroom sink started leaking he knew and did nothing about until a couple of months ago. There was black mold all up and down the bathroom wall he used bleach on it put a new one... View More

Gregory Andrews Cade
Gregory Andrews Cade
answered on Aug 20, 2017

Unfortunately, the state of Indiana has no federal laws pertaining to the issue of mold in rented apartments at the moment. Although landlords have to provide tenants with habitable conditions, they have no responsibility when it comes to mold prevention and remediation from a legal point of view.... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Juvenile Law for Indiana on
Q: Can they arrest a 16 year old on three felonies without for sure knowing if she's guilty or not

My 16-year-old daughter and her 18 year old boyfriend A few other juveniles went to the park to go watch a fight with her boyfriend and a nother kid they started fighting and when fighting the other kids seen my daughter's boyfriend being stabbed my daughter jumped on them and punch them a... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2017

To arrest, only probable cause to believe a crime was committed is sufficient. This is not even 50-50, but can be less than 50% likely. So, yes.

She needs to remain silent. Get a great criminal defense lawyer.

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1 Answer | Asked in Civil Rights, Small Claims and Real Estate Law for Indiana on
Q: sold a house while out of state and new owner wont let us retreive our possessions

movers were there at time of closing and new owner told them to leave or he would call the cops, 2 couches, a dinner table, and a jewelry box are inside. What are my rights on retrieving them, or are they now his property?

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2017

The description given is unclear. You SOLD a house, but left items inside it, after the sale? Was there anything put in writing about that? For how long were the items there?

You could either have a criminal case against them, or a civil case, but without any agreement, I have never heard...
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1 Answer | Asked in Libel & Slander, Civil Rights and Consumer Law for Indiana on
Q: Can I sue McDonald's if their employee threaten me at the drive thru ?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 5, 2017

You cane sue anyone you want. Whether or not you win is the real question. That said, an employer may be held liable for the actions of their employee.

1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for Indiana on
Q: Can I sue the county for an air on court documents or who do I sue

My class A misdemeanor is a Class D Felony on the court documents

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jun 8, 2017

I would need more information to accurately answer your question.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Q: Can the police keep me from obtaining my proof of insurance out of my car if impounded.

My son was pulled over in the vehicle on a suspended license. I am the actual owner of the vehicle. My insurance paperwork is in the vehicles glovebox. The police refuse to let me access the information.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 30, 2017

Is it the police or the towing company? If the police are holding it for evidence for some other reason than a suspended license then maybe, but other than that it does not make sense that they or a towing company are keeping you from the car.

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