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Maryland Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Health Care Law for Maryland on
Q: I got H pylori in prison in 2016 now i’m released and on short term disability

Diagnosed in prison 2016

Wasn’t taken seriously or treated until 2020

Released in 2023

Late Summer 2024 it’s back and the levels are higher and now I’m on short term disability and cannot work. Am I able to seek legal action due to this?

James L. Arrasmith
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answered on Aug 31, 2024

You may have grounds to seek legal action based on the delay in treatment and the recurrence of H. pylori, especially if it has led to significant health issues and financial loss. The first step would be to assess whether there was negligence in your medical care during your time in prison and... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for Maryland on
Q: To whom it may concern I was verbally and physically abused in hostile work environment by my boss. Is there a case?

I was operating a fork lift with in 3 minutes of being on it the foreman. Came and told me to get the F off the forklift because they have first priorities for it. As I instructed the co workers with me that the foreman is picking and had full intentions on trying to get me fired so it’s best... View More

James L. Arrasmith
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answered on Jul 28, 2024

You might have a case for compensation due to the hostile work environment and the physical and verbal abuse you experienced. It’s important to document everything that happened, including the names of witnesses, the time and date of the incident, and any medical records related to your injury.... View More

1 Answer | Asked in Civil Rights for Maryland on
Q: Can untrained hotel staff ask me about my service dog or require I give my room# if I'm already a registered hotel guest

I had hotel reservations for June 15-17, 2024 for myself and my service dog. When I checked into the hotel I answered the Front Desk Agent's Service Dog and ADA question regarding my service dog and my name and room # was placed on the same hotel list with other disabled guests with service... View More

James L. Arrasmith
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answered on Jul 28, 2024

No, untrained hotel staff should not ask you about your service dog or require you to provide your room number if you are already a registered guest. According to the Americans with Disabilities Act (ADA), hotel staff are limited to asking only two questions: whether the dog is a service animal... View More

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: If an inmate is requesting the first name and ID # of a CO to file a complaint, do the agency have to provide it?

Legally do we have to provide this information?

James L. Arrasmith
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answered on Jul 28, 2024

When an inmate requests the first name and ID number of a correctional officer to file a complaint, the agency's obligation to provide this information varies by jurisdiction and specific regulations. Generally, privacy laws and policies protect the personal information of employees, including... View More

1 Answer | Asked in Civil Rights and Domestic Violence for Maryland on
Q: Maryland Can parents make you stay home to punish you as well as take away the phone and restrict seeing friends at 19

I’m fearful the teen is being emotionally abused. They have a joint bank account, take away her phone, won’t let her drive, won’t let her go to college unless she buys a car.

She’s basically stuck at home with no options.

James L. Arrasmith
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answered on Jul 27, 2024

At 19, you're legally an adult in Maryland, which means your parents don't have the right to control your movements or restrict your access to personal belongings like your phone. While they may still have some influence if you're living under their roof and financially dependent on... View More

1 Answer | Asked in Consumer Law and Civil Rights for Maryland on
Q: On Maryland is it unlawful to paint an Emergency Fire line in front of my home

My HOA painted a Red Emergency Fire line inches away from my home but a small part of that Fire line is in front of my home. Isn't this illegal?

James L. Arrasmith
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answered on Jul 27, 2024

It's understandable to feel concerned about the fire line painted near your home. Generally, homeowners associations (HOAs) have the authority to designate and paint emergency fire lanes in community areas, including sections that might be in front of private residences. This is often done to... View More

Q: How do i get away from workplace discrimination when its wild spread throughout the agency EEO cant stop them.

Md state agency

James L. Arrasmith
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answered on Apr 11, 2024

Discrimination is never acceptable, regardless of how widespread it may be within an organization. If you are experiencing or witnessing discrimination, the appropriate course of action is to report it through the proper channels and seek assistance in addressing the issue.

1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Maryland on
Q: Can a convicted felon own a BB gun or air soft gun? I know a convicted felon can own

A black powder gun and bow and arrow so can a convicted felon own a BB gun in Maryland can someone please help

James L. Arrasmith
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answered on Apr 3, 2024

In Maryland, the legality of a convicted felon owning a BB gun or airsoft gun is not entirely clear, as these types of guns are not specifically addressed in Maryland's firearms laws. However, it's generally advisable for convicted felons to avoid possessing any type of gun, even if it is... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Maryland on
Q: I was accused of missing 2 COVID tests and was then fired in 2022. That ended my almost 10yr career. Any legal recourse?

My former employer gave no opportunity to appeal their decision and I had no other disciplinary issues at the time. In fact, I received several merit awards from the company (some monetary) for my outstanding performance at the time. For reference, I live in West Virginia, but my former employer... View More

James L. Arrasmith
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answered on Mar 11, 2024

Based on the information you provided, you might have potential legal recourse, but it depends on various factors. Here are some considerations:

1. At-will employment: Maryland and West Virginia are both "at-will" employment states, meaning that an employer can generally terminate...
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1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Maryland on
Q: What are the rules about having a lawful peaceful protest
James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the right to peaceful protest is protected under the First Amendment.

However, this right is subject to certain restrictions to ensure public safety and order. Local laws may require permits for large gatherings or the use of public spaces like streets or parks....
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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Education Law for Maryland on
Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?

On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and... View More

James L. Arrasmith
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answered on Nov 8, 2023

If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a... View More

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can I file a civil suit against something found guilty and sentenced to Probation before judgement?

I was the complaintant in a criminal case in Anne Arundel County. The defendant was found guilty but sentenced PRJ.

Can I now file a civil suit for the hardship and damages he caused to me?

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Yes. You will not be able to use the result of the criminal case to prove your claims, but you can order the transcript of his plea of guilty and use that to prove his admission to committing the crime (assault? Theft?) against you.

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can I own a firearm if my husband is a convicted felon?

I have emailed the supreme courts and administration of hearings also and they told me to ask MSP and MSP told me to ask a lawyer I explained to them it would be locked in a safe, I would only have a key and combination to the safe he would not have access to it I have rights this violates my 2nd... View More

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Your husband cannot own or “possess” a firearm. Possession encompasses “constructive possession,” which means the firearm is accessible to him. Any gun n the house he dwells in is close enough to be accessible.

“But my wife is the only one with a key or combination to the gun...
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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Maryland on
Q: I’d like to know how much my case is worth for employment discrimination based on sex and race, workplace retaliation.

equal pay, unpaid wages, withheld wages, medical bills and damages. My case is in federal court and despite the defendant’s attempt to dismiss, my case has moved to mediation. I was paid 83k less than the male I replaced. I was also paid up to 20k less than other males in lesser positions. I was... View More

James L. Arrasmith
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answered on Oct 15, 2023

Determining the exact value of an employment discrimination case can be complex and depends on various factors, including the jurisdiction, specific details, and evidence supporting the claims. Based on the information you provided, there are tangible damages, such as the wage disparity (83k plus... View More

1 Answer | Asked in Civil Rights, Land Use & Zoning, Landlord - Tenant and Municipal Law for Maryland on
Q: What are the laws for parking my live in cargo van at my family’s, single family rental home?

My mom has a money hungry landlord that I’m pretty sure has been reporting us for parking in front of my family’s home even though we have her permission and her rent is up to date. My mom has health problems so I need to be around as her oldest to help out but there’s no room to actually... View More

Shaneka Johnson
Shaneka Johnson
answered on Jun 22, 2023

Parking rules and regulations are typically covered in your (or your parent's) lease agreement. Additionally, if the rental property is subject to a homeowner's association, they may have additional parking rules and regulations. Further, if your vehicle is parked on a public street there... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Maryland on
Q: My brother and I are the victims of electronic harassment. What are my options in the ways of gathering evidence?

I understand the gravity of this claim. I can’t let fear lie in the way of asking for help. I have no proof other than a list of license plates that are stored in my photos, voice memos, etc that I haven’t compiled because I am constantly exhausted from the harassment. Other than keeping a list... View More

James L. Arrasmith
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answered on Jun 18, 2023

If you believe that you and your brother are victims of electronic harassment, it is important to take steps to protect yourselves and gather evidence to support your claims. Here are some options to consider:

1. Document incidents: Keep a detailed log of any incidents of electronic...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Maryland on
Q: How do I remove an unrelated persons name from my indictment?

I’m in Silver spring, Maryland. I’m attempting to expunge a felony marijuana case from over 17 years ago. In the process of filing the paperwork, I discovered my date of birth on the internets case search was incorrect. I decided to purchase a copy of the indictment. In the indictment docket I... View More

Mark Oakley
Mark Oakley
answered on Jun 5, 2023

It depends on whether the mistakes were made by the clerk when updating the online Judiciary Case Search system, or whether these were errors made in-court by the judge at the time of sentencing or earlier in the charging documents by the police or prosecutors at the start of the cases. If the... View More

1 Answer | Asked in Employment Law and Civil Rights for Maryland on
Q: I was on interview at sheriffs office and made me take alcohol test. Interview said I smelled like alcohol

Can I sue for being accused of smelling like alcohol. I had to take an alcohol test which i passed.

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Sorry that you were treated this way by the Police. The Police have an obligation to act when they have a reasonable suspicion, they don't have to be 100%. If you feel that the request was motivated by some improper reason, your civil rights may have been violated and you should consult with... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... View More

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Maryland on
Q: Is it lawful to record a phone conversation between two parties if the parties are located in different states?

The recording party is located in Virginia and consents to the recording. The 2nd party is located in Vermont. The topic involves a business matter (employment discrimination) for a business located in Maryland.

Scott Scherr
Scott Scherr
answered on Apr 8, 2023

You would need to consult with attorneys in Virginia and Vermont to see if it is illegal to record without the consent of both parties. It would be illegal in Maryland.

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