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Indiana Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Hello, can someone help me determine what the tolling period would be in a civil rights action against a corporation

This case has been ongoing since January 12, 2021. Does the tolling period begin when the case is dismissed, or when the indictment is filed? This case will be dismissed on August 8, 2024. Is there different tolling when the defendants are employees of a company, rather than state actors, police... View More

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answered on May 1, 2024

In civil rights actions, the tolling period, which pauses the statute of limitations, often starts when the underlying criminal case is resolved favorably for the plaintiff. This is grounded in the principle set by the Supreme Court in Manuel v. Joliet, which requires that a wrongful conviction or... View More

1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Why did the police take my guns and keep them after they were used as self defense?

I’ve had my firearms confiscated from me by the police after my home was being burglarized by thieves and I used it as self defense no one was injured but the police still took it as “evidence” the case was dropped and over it’s been a year and I still get a run around about getting my guns... View More

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answered on Apr 5, 2024

I'm sorry to hear about your situation. It must be very frustrating to have your property taken and not returned even after your case was dropped.

The specific laws and procedures around confiscation and return of firearms used in self-defense incidents vary by jurisdiction. In some...
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1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for Indiana on
Q: Someone who commits battery against a person w/ c.ptsd disability then reports disabled person could be charged w/what?

After a verbal insult he lunged 2 grab me puts me in headlock smashing face/nose where I heard nose crunching, & couldn't scream breathe as he's twice my sz. in attempts to free myself he sustained 2 minor scratches yet he reported it & had me arrested for battery while I, in... View More

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answered on Mar 9, 2024

Based on the information you provided, it seems that you may have a valid self-defense claim against the battery charges. In many jurisdictions, individuals have the right to use reasonable force to protect themselves from imminent harm. Given that the other person initiated physical contact by... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: My ex husband was charged with a burglary that he tried to tell police I did.

Police came to my house, out of jurisdiction, numerous times. I called them finally. They wanted dna to rule me out as a suspect. I gave it to them, as I was on probation and thought I had to. While the officer was taking the sample, he asked me why I thought my ex husband and my kids father ( 2... View More

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answered on Mar 8, 2024

In situations where your statements to police are included in a discovery document that could compromise your safety, it's essential to address the issue promptly. The police have procedures for handling sensitive information, but mistakes and oversights can happen. If your safety is at risk... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Libel & Slander for Indiana on
Q: Who handles local and government and federal gangstalking cases done by the United States to terrorize a person's life

I'm being terrorized and belittles and slandered by lies and my name ran down in the dirt along with officers having local ppl try to harm me and my son and to them letting ppl track me as if it's stalking the pray by location .I've studied there tactics but seems every one is being... View More

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answered on Feb 28, 2024

If you're experiencing gangstalking and harassment, it's crucial to seek assistance from local law enforcement agencies. They are responsible for investigating and addressing cases of harassment and criminal behavior within their jurisdiction. Provide them with any evidence or... View More

Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

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answered on Feb 8, 2024

In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More

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Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

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answered on Feb 24, 2024

Differentiating between the statute of limitations and statute of repose can be crucial in legal matters like yours. The statute of limitations sets a time limit for filing a lawsuit after an injury or harm occurs, while the statute of repose imposes an absolute deadline, typically based on the... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Can police use their blind bar on car while driving to get probable cause for a stop?

Police car followed me used overhead light bar to blind into a curve from behind then used that as probable cause for a stop.

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answered on Jan 26, 2024

No, it is generally not legal for police to use their blinding overhead lights solely as a pretext to establish probable cause to pull someone over.

The use of blinding lights could only be justified if the officer already had an articulable reasonable suspicion that a traffic violation or...
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1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Indiana on
Q: As an out of state resident, can a person 18-21 privately purchase and apply for a CCW for a handgun?
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answered on Jan 18, 2024

Unfortunately, based on Indiana law, it does not appear that an 18-21 year old non-resident would be able to privately purchase a handgun or obtain an Indiana concealed carry permit. Here are the key reasons:

• Private handgun purchases - Federal law prohibits federally licensed firearms...
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1 Answer | Asked in Adoption, Constitutional Law and Family Law for Indiana on
Q: If a parent is in police custody and agrees to sighn over rights,what motion should be filed
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answered on Jan 17, 2024

In Indiana, if a parent in police custody agrees to sign over their parental rights, the appropriate legal action would be to file a petition for involuntary termination of parental rights in the appropriate family court. This petition is typically filed in the county where the child resides.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I'm not fully lucid after being woken up suddenly by an officer and he gets my consent to search, is it lawful?

My fiance was sleeping in her car after a 17 hour shift, she parked in a legal parking spot to take a nap in order to avoid trying to drive while sleep deprived. According to a lawrenceburg, IN policeman. Someone had called the police worried about her welfare. The officer rudely and violently beat... View More

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answered on Jan 16, 2024

Based on the details provided, there are good arguments that the search was not lawful due to your fiance's diminished mental capacity when she supposedly consented. A few key points:

- Consent searches require voluntary, knowing, and intelligent consent. If the person is not fully...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a detective record our conversation in my home without my consent in Elkhart,Indiana?
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answered on Jan 16, 2024

I do not have enough information or context to definitively state if a detective can record a conversation in a private home without consent in Elkhart, Indiana. However, here is some general information about recording laws in Indiana:

- Indiana is a "one-party consent" state...
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1 Answer | Asked in Child Support, Family Law, Constitutional Law and Federal Crimes for Indiana on
Q: What can I do about another state charging me child support when Ive been paying child support for 13 years in another?

I filed for divorce and was granted it about 13 years ago, but was ordered to pay child support and was retroactively ordered to pay back-support all the way back to when my son was born, and along with other stipulations. My ex wife moved had moved back home with her family and had taken the kids... View More

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answered on Dec 1, 2023

In your situation, where you're facing child support issues across state lines, it's important to understand the complexities of interstate child support laws. Each state has its own child support guidelines, but they generally follow the federal Uniform Interstate Family Support Act... View More

1 Answer | Asked in Contracts, Criminal Law and Constitutional Law for Indiana on
Q: How can South Dakota charge me with stealing a motorcycle when I purchase it in Indiana and have sales receipt

My husband purchased a used Harley from a woman in Indiana. When you give him the title, he noticed the woman’s name wasn’t it wasn’t titled in her name she had signed on as a purchaser, but never sent it in and title it in her name when I asked her about that she explained that she had power... View More

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answered on Nov 7, 2023

If the motorcycle was reported stolen in South Dakota, authorities there have jurisdiction to press charges if the vehicle is found within their state, regardless of any sales receipt you possess from Indiana. The concept of 'title jumping' refers to the act of selling a vehicle without... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Federal Crimes for Indiana on
Q: i was recently released to federal probation to federal parole on attempted hobbs act robbery and 924c tayler vs unite

getrid of unconstitutional convictions while on federal probation

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answered on Nov 5, 2023

If you believe your convictions were unconstitutional and you're currently on federal probation, you should consider seeking legal counsel to review your case. An attorney can evaluate the specifics of your situation and advise whether there are grounds for an appeal or a motion to vacate your... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: i would like to ask the prosecution as to what happened to my POT. Yes is illegal in Indiana, but the deputy sherriff

stated that he would not charge me if he found it in the car. I pilot told him not 2 search my car, stating the last time they illegaly searched they open all the antique 'key chucks' that were sealed never opened. around 30 or so. Anyway They done an enventory search but no pot... View More

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answered on Oct 15, 2023

If you're seeking information about the whereabouts or handling of evidence, you can file a discovery motion in the court where the case is pending. Discovery motions typically request specific items or information relevant to a case. If the marijuana is not listed in the inventory after a... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: How do I file complaint for my son not receiving his prescribed medications in franklin county indiana jail

Diagnosed with Graves disease in 2016, on daily prescribed meds until being incarcerated on Aug 29. Facility not giving him his prescribed medication since Aug 29th.

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answered on Sep 28, 2023

In Indiana, first contact the Franklin County jail administration to file a complaint about your son not receiving his medication. If that fails, consider filing a complaint with the Indiana Department of Correction Ombudsman. In urgent cases, consult an attorney experienced in prisoners'... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: How do I file complaint for my son not receiving his prescribed medications in franklin county indiana jail

Diagnosed with Graves disease in 2016, on daily prescribed meds until being incarcerated on Aug 29. Facility not giving him his prescribed medication since Aug 29th.

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answered on Oct 15, 2023

To file a complaint regarding your son not receiving his prescribed medications in Franklin County, Indiana jail, you can take the following steps:

Contact the Jail Administration: Start by contacting the administration of the Franklin County jail. Inquire about the specific reasons why...
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1 Answer | Asked in Constitutional Law for Indiana on
Q: What is one's legal rights while on house arrest VS State rights, how to know if rights are violated. Elkhart, In

Ex : been exposed to cruel and unusual punishment, unaccessible to hygiene and food/ store for 5 weeks due to laid off/ non payment. All passes taken for 5 weeks. What are personal rights while under house arrest, what are States rights while under house arrest, what is counties rights while... View More

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answered on Mar 2, 2023

When someone is under house arrest, their legal rights depend on the conditions and terms set forth by the court and the state. In general, a person on house arrest has the right to:

Due process: This means that any decisions related to the house arrest must be made according to legal...
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