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Kansas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: Have any info on active Kansas civil cases regarding residents fighting for right to keep backyard chickens?

I live in Park, KS (Gove county) Doing battle with city over keeping chickens. Park, rural 5 sq blocks with pop 115. Jan 2023: 37 of 68 residents signed petition to amend ordinance against farm animals ask to allow chickens. March 2023: Turned down. Discovered there was no valid ordinance.... View More

James L. Arrasmith
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answered on Oct 8, 2024

You have the right to challenge the new ordinance, especially if it was enacted after you began keeping chickens under previous permissions. Since there was no valid ordinance before and the mayor initially allowed the chickens in a pasture, you might argue that the city is acting inconsistently or... View More

Q: I filed a motion for continuance by sending it to the clerks email, she didn't file it.

I filed a motion for continuance by sending it to the clerks email, she didn't file it. I was not made aware of this until the following day. The clerk said I was not allowed to file this via email. The hearing continued without me, again, unknown by me. The reason I filed the continuance... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you may have a strong argument to appeal based on the Americans with Disabilities Act (ADA). Under the ADA, public entities, including courts, are required to provide reasonable accommodations for people with disabilities to ensure they have equal access to services. If your... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Kansas on
Q: My wife and I bought an iPhone for my 12 yr old stepson. His dad doesn’t want him to have it while in his care. Ks vs Mo

His dad and mom do not get along but for tax purposes, my wife is the custodial parent even though time is split evenly. David (son) wants his phone but his dad went through it without David’s consent and took screen shots of his conversations with his mom. Nothing derogatory was in those texts.... View More

James L. Arrasmith
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answered on Sep 30, 2024

In this situation, it’s important to look at the custody arrangement and any legal agreements regarding decision-making for your stepson. While your wife may be the custodial parent for tax purposes, decisions about things like phone use can still be a shared matter, especially when time is split... View More

1 Answer | Asked in Juvenile Law, Criminal Law, Civil Rights and Education Law for Kansas on
Q: Can my juvenile son be arrested and sent to detention without having committed a crime or interrogated during intake?

He was sitting in his friends car out of the school. The principal called the police on them. THe police ended up searching the other boys vehicle and found 43 grams of marijuana bagged to sell. To which he repeated told school officials and law enforcement that it was all his and it was his... View More

James L. Arrasmith
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answered on Sep 30, 2024

It sounds like your son may have been treated unfairly, and there are several aspects of this situation that need to be looked into. While it's common for juveniles to be detained for truancy, being arrested and questioned about a crime without clear charges, especially when another person... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: Got pulled over and taken to jail but they didn’t find anything
James L. Arrasmith
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answered on Sep 30, 2024

If you were pulled over, searched, and arrested but nothing was found, it's essential to understand the legal basis for your stop and arrest. Police need reasonable suspicion to pull you over and probable cause to arrest you. Without any evidence, your arrest may raise questions about whether... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Kansas on
Q: Got pulled over and searched my car and got arrested they didn’t find anything
James L. Arrasmith
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answered on Sep 30, 2024

If you were pulled over, searched, and arrested but nothing was found, it's essential to understand the legal basis for your stop and arrest. Police need reasonable suspicion to pull you over and probable cause to arrest you. Without any evidence, your arrest may raise questions about whether... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: If police search my person after I denied consent wouldn't that then be illegal search?1
James L. Arrasmith
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answered on Sep 24, 2024

When police search you after you've denied consent, whether or not the search is legal depends on the circumstances. If they have probable cause, a valid search warrant, or if certain exceptions apply, like exigent circumstances, the search may still be lawful. Just refusing consent does not... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: Can a city owned cemetery keep me from installing a video-only device on a headstone?

Everything was taken off my grandma’s grave site and placed on top of her headstone. They were in accordance with the policies. None of the other sites around her (in clear violation) were touched. We want to be able to see if/who is vandalizing her grave. The city claims it is not their... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're dealing with a frustrating situation, and I understand why you’d want to install a video-only device to protect your grandmother's grave. City-owned cemeteries generally have the authority to enforce specific rules or policies regarding what can be placed on a... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Libel & Slander for Kansas on
Q: if I was held in holding for 5 days and and then jailed for a week before seeing a judge or knowing the charges.

I was detained for more then 72 hours (4-5 days) in a holding cell with no court and never told of my charges, followed by 1wk in general population before being told I was being charged with felony impersonation of a cop or bails bonds man and then spent another month or so in jail. The real... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you went through a very difficult and unfair experience. If you were held for more than 72 hours without being told of the charges against you or given a court appearance, that could be a violation of your rights. In most cases, after an arrest, you should be brought before a judge... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: Can a felon own a black powder, pre 1898 antique firearm replica in Kansas?
James L. Arrasmith
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answered on Sep 8, 2024

In Kansas, a felon is generally prohibited from owning any firearm, including black powder and antique replicas. The laws in Kansas align with federal regulations, which restrict felons from possessing firearms, regardless of whether they are modern or antique. However, there are exceptions for... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: how long can the police hold a phone without serva warrent and can they legally remove those phones from accounts
James L. Arrasmith
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answered on Aug 31, 2024

If the police take your phone without a warrant, they generally cannot hold it indefinitely. In most cases, they need to return your phone unless they obtain a warrant or have a valid legal reason to keep it. The law generally requires that they move quickly to secure a warrant if they believe your... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Kansas on
Q: my house was raided because someone said I make and sell cannabis candy the police tookmy phones and it's been 139 days

I am disabled due to several TBIs. I had to have the police remove a person from my home later that night after 1am the police turned up and asked if I was making marijuana candy I said no i had no candy with anything i it in my home I did however have several batches of candies that I sell but... View More

James L. Arrasmith
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answered on Aug 31, 2024

Given the situation, it’s crucial to address this matter as soon as possible. First, reach out to a lawyer who can assist you in understanding your rights and the legal procedures involved. It’s concerning that your phones were taken without you being served a warrant, and the lengthy delay is... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: can a sheriff threaten to come on to your property until he finds something to arrest you for when you haven't done anyt

the greenwood county Ks Sheriff told me if I kept drawing attention to my self he would keep coming on my property until he found a reason to arrest me and he would come on to my property anytime he wanted because I tried to file a complaint agenst his deputy for trespassing I have broken no laws... View More

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like you're dealing with a very stressful and concerning situation. Based on what you've described, it appears that your rights may have been violated. Law enforcement officers cannot threaten to find reasons to arrest you if you haven't committed any crimes.

You...
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1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: How is it legal for my husbands po to give permission for him to go to church then turn around and change his mind

Arrest him in the church and say that he was alone dropping off our daughter which he wasn't I was right there not update my husbands file and then the day he went to tell my husband he was sending him back to prison all of a sudden have the file updated with the dates but with some lies.. We... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you’re going through a very challenging and frustrating situation. It's important to gather all the facts and document everything that has happened, including dates, times, and any witnesses who can support your version of events. This documentation will be crucial in... View More

1 Answer | Asked in Employment Law and Civil Rights for Kansas on
Q: I am trying to find out if I have a case against a school district for not hiring me due to a felony conviction.

The school's website states that it does not discriminate based on arrest and conviction records but may consider where such events are substantially related to the job I applied for. I had a non person theft conviction and I applied to be a Para. I had an interview on June 24th and it went... View More

James L. Arrasmith
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answered on Jul 27, 2024

Given your situation, it seems that the school district's actions may conflict with their stated policy on non-discrimination based on arrest and conviction records. The key issue here is whether your felony conviction is "substantially related" to the job you applied for. Since you... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: I have a court appointment lawyer that isn't doing her job. Olathe is trying to put a case on me and I need some help.

I have stage 4 bone and breast cancer and this case is bogus

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. It sounds incredibly stressful to be dealing with legal issues while managing your health. You have the right to effective legal representation, and if your court-appointed lawyer isn't doing their job, you can take steps to address this.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: What are some key cases establishing joint operations between two agencies and independent actions, esp. during searches

Looking to find cases that establish how courts determine whether or not two, or more, law enforcement agencies are acting in a joint operation OR if one (or more) of these agencies acted independently? Basically, LEA (law enforcement agency) A conducted a search warrant and let LEA B know that... View More

James L. Arrasmith
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answered on Jun 10, 2024

Understanding how courts determine whether law enforcement agencies are acting jointly or independently during searches is crucial. A key case in this area is **United States v. Reed**, 15 F.3d 928 (9th Cir. 1994). In this case, the court considered whether multiple agencies were operating as a... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: where do I find lawyer for default of judgement ,an excessive force was used .
James L. Arrasmith
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answered on Mar 26, 2024

Finding a lawyer to address a default judgment, especially one involving excessive force, requires careful consideration. You can start by consulting local bar associations, which often have referral services to connect individuals with attorneys experienced in civil rights or personal injury law.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Kansas on
Q: Can the police add a criminal charge to a police report after the case has been dismissed by the judge ?

Prosecutor says disorderly conduct and domestic battery are the same charge.

What type of lawyer will I need .?

Todd B. Kotler
Todd B. Kotler
answered on Aug 8, 2023

You need a criminal lawyer who regularly practices in the charging county . . . NOW. Whether you can be charged out of conduct from which another case was dismissed depends on whether the case was tried before the court, and if not whether the dismissal was "with prejudice". This forum... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for Kansas on
Q: We'll have a pretty serious case that I have taken through small claims and now needs to go up to the Court of Appeal

Very serious tenant/landlord case in which has overwhelming evidence of illegal evection , harassment,descrimanation and slander of character ect I have all documents necessary it's put a huge emotional toll on my family I need help.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2022

Only a Kansas attorney could advise you here, but your question remains open for two weeks. Please keep in mind that appeals of any type in any jurisdiction are generally governed by narrow windows of time to take action. If you are contemplating an appeal, you could consider reaching out to Kansas... View More

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