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Indiana Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Indiana on
Q: What am I allowed to have and not have on an arq5 pistol

25 years old no record

Paul Stanko
Paul Stanko
answered on May 6, 2017

I have never heard of an "arq5". Did you mean AR15?

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Indiana on
Q: My son's father has temporary custody of my son bc I missed a court date. Is the school allowed to keep me from my son?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 2, 2017

Assuming the father has both temporary sole legal and physical custody, yes, the school can keep you from your son. If you do not currently have legal and/or physical custody of your child the school is not going to let you see him.

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Indiana on
Q: What can be done about my son feeling intimidated and anxious by a teacher that violated another students rights?

The teacher stopped the class and berated a student for not reciting the Pledge of Allegiance for about 20 min. Then punished him by not allowing him to participate in class. My husband was raised as a Jehovah's Witness. My son feels like he must say it or be ridiculed. It caused anxiety along... View More

Paul Stanko
Paul Stanko
answered on Apr 16, 2017

If you have complaints about a public school teacher, take it up with the school board.

2 Answers | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: My friend just found out that he has a warrant in the State of Indiana but was never served?

It even says online that the papers were returned because no one was there to sign.

Paul Stanko
Paul Stanko
answered on Feb 8, 2017

The best thing to do is contact a criminal defense attorney who handles cases in that county. If there is an active warrant, or a pending case, the attorney can help your friend from there.

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1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for Indiana on
Q: Hi my name is cory i was wondering can cps come into a home without a warrant
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jan 16, 2017

Hello Cory. If CPS has an open case they can come and do a home visit. They do not need a warrant to enter they just need an open case file to do so. Now it does have to be during reasonable hours.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: I've been pulled over 4 times within a few months. Each time, I'm told that I look suspicious.

I'm in Indiana and I work nights. My sleeping schedule doesn't change on my days off. I like to drive around my neighborhood. It's quiet and relaxing. I get pulled over and told that I have to show I'D or else I will go to jail. I'm just told that I look suspicious or... View More

Paul Stanko
Paul Stanko
answered on Jan 2, 2017

Unless you commit a traffic infraction or an officer has "reasonable suspicion" of criminal activity or more (such as an outstanding warrant or probable cause), it is not proper for you to be detained or required to show ID. Of course, a cop will make something up if he wants to justify a... View More

1 Answer | Asked in Civil Rights for Indiana on
Q: Can I insist that the county take my affidavit?

My dog was attacked by my neighbor's dogs on my property. For reasons unknown to me, the county has shown a lot of deference to my neighbor. There was no investigation to speak of, and the evidence that Animal Management did see was not noted in the police report. A public nuisance ticket... View More

Paul Stanko
Paul Stanko
answered on Dec 24, 2016

Counties have considerable discretion in how they conduct investigations. Unless you can establish a due process violation under the 14th Amendment, you most likely have no recourse under civil rights analysis. Find a well-connected municipal lawyer and get a consultation.

1 Answer | Asked in Civil Rights, Small Claims and Family Law for Indiana on
Q: How long do I have to hold on to ex boyfriend's things after splitting up before I can throw them out? Nothing of value.

He did not live with me, only spent overnights on weekends and the items are nothing of value. Mostly knick knack or toy type items and a small bag of clothing items. I have called and texted him to get them but he always has some excuse as to why he can't yet. When can legally throw it out. I... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

He abandoned the property. Send him a letter giving him a reasonable time to claim his items. If he doesn't then throw them out.

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Employment Discrimination for Indiana on
Q: my job makes me disrobe and pee in front of a stranger with no past drug use history for a random drug test

The drug testing varies by person to person some are made to just empty pockets and pull pants down to knees.Lately they have made everyone pull all their clothes down to their knees and have a stranger watch them pee the whole time. My first drug test the male HR rep was there to verify i... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

Indiana is an employment at will state. While that employer conduct seems over the top, your recourse may be limited, unless those policies are being imposed in a discriminatory manner.

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: Do Stop and Identify (ID) laws allow police to randomly check ID on anyone without reasonable suspicion?

Can a peace officer demand ID from anyone on whim? Can they demand ID and arrest someone for failing to ID? The questions are on the basis that there is no crime committed, no reasonable suspicion of a crime and not while operating a motor vehicle.

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

That would be a clear 4th Amendment violation.

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: Can a video being used in an active police investigation be made public?
Paul Stanko
Paul Stanko
answered on Sep 11, 2016

What are the facts?

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: How can a judge put a man in jail while they are under medical care from a recent surgery ?

And the county jail not allow this person to have his meds that are needed for blood clots and antibiotics from the surgery and a machine that this person is to be on for swelling and blood clot prevention

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

If that person is charged with a crime, he must have a lawyer that can address these medical issues to the court.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Is it illegal for cops to pull their guns and point them at my face without good reason ?

Wife was having an affair lied to get epo and used it to have me arrested because i found out about her affair and informed the wife of the man she was cheating with . Did the cops have the right to arrest me on her word and put guns in my face while doing so . They also locked me in a holding... View More

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

There may be an excessive force issue. Police have qualified immunity, and excessive force claims are difficult to prove, but talking to a civil rights attorney would be an option.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Indiana on
Q: How many warrants can cps get to come in your house and how often?

My family keeps calling cps to my home. The last time i made them get a warrant before i did anything. Well now not even a week since the last report was closed they are knocking again. Are they able to get another warrant again. I'm in indiana.

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

CPS can get a warrant any time they can convince a judge or magistrate to approve one. You should talk to an attorney about why your family is doing this.

1 Answer | Asked in Civil Rights and Personal Injury for Indiana on
Q: If I wanted to file a lawsuit against a state entity.. Whats the best way to find a attorney?

It involves civil rights/ personal injury/ and ???

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

If it's civil rights, especially involving police or prison issues, contact the Indiana Civil Liberties Union and ask for the contact information for their "cooperating attorneys " who work on whatever issue yours is. Note for state claims you also have to comply with the tort claims act.

1 Answer | Asked in Civil Rights for Indiana on
Q: If I curse at a cop, does he have the right to put both his hands around my neck and choke me??
Terrence Rubino
Terrence Rubino
answered on Jul 26, 2012

no but as a practical matter there isn't anything significant that you can or should try to do about it. cursing at cops or anyone who has authority over you is neither smart or productive.

1 Answer | Asked in Civil Rights for Indiana on
Q: Can a person who is black be convicted by an all white jury? and not of his peers. Is this legal?
Terrence Rubino
Terrence Rubino
answered on Dec 17, 2011

yes.

the issue of race may come into play if the opposing side is using its peremptory(discretionary)strikes to eliminate a particular race from serving one the jury.

1 Answer | Asked in Civil Rights for Indiana on
Q: Not meaning to sound like its all about the money. But what is the ballpark est. on a class action civil suit against a

County sherriff for unlawful detainning a prisoner for longer that the 48 hrs. without a warrant and voilating a few of the constitional rights / Civil rights of a person living in the state of indiana and there is 231 other people in this law suit

Burton A. Padove
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answered on May 17, 2011

I suggest that you discuss this matter with the Class Attorney. He or she have the most knowledge about the case and is really in the best position to assist you.

1 Answer | Asked in Civil Rights for Indiana on
Q: What is the limitation period for tortous liability?
Burton A. Padove
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answered on May 17, 2011

Generally speaking, torts have a limitation of 2 years. However, there may be other statutry deadlines depending on the facts of your case.

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