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Massachusetts Civil Rights Questions & Answers
2 Answers | Asked in Employment Law, Civil Rights and Elder Law for Massachusetts on
Q: I work for a Adult Foster Care company. An elderly client sold me his truck. The company wants me to give it back. Do I?

They said I cannot accept gifts from clients, but this was only told to me afterwards, and I couldn't find anything in my employee handbook about it either. The truck was legally purchased with a bill of sales, and the title signed over. Do I have to give the truck back? Besides termination,... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Massachusetts, if you purchased a truck from an elderly client while working for an Adult Foster Care company, and the company is now requesting you to return the vehicle citing policies against accepting gifts from clients, the legality of keeping the truck depends on several factors. If the... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for Massachusetts on
Q: I'm 64 homebound and disabled trying for 2 years to get hel raft is helping me but my landlord will not comply

I'll contact you attorney general's office fair housing section 8 do not give me an extension on my voucher I don't know why I had a ceiling falling in my head give me a permanent brain infection with no cure because the section 8 inspector refused to put that down on an item to be... View More

James L. Arrasmith
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answered on Jan 10, 2024

Your situation sounds incredibly challenging and it's clear you've faced numerous obstacles in securing your housing rights. As a homebound and disabled individual, you are entitled to certain protections and accommodations under both federal and state laws, including the Fair Housing... View More

1 Answer | Asked in Civil Rights and Cannabis & Marijuana Law for Massachusetts on
Q: Can the police hold phone as evidence even after all charges were dismissed?

Recently arrested for distribution of class c and d drugs (cannabis concentrate, cannabis flower). Lead investigator took phone as evidence. Charges were dropped the next day as it was first offense. Now all belongings were returned except for phone. Lead detective says they can’t give phone back... View More

James L. Arrasmith
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answered on Jan 10, 2024

In the United States, law enforcement can retain personal property, including a phone, as evidence even if charges are dismissed. This is often due to ongoing investigations where your phone might contain relevant information. However, this retention must be reasonable and justified.

If you...
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1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: how do I go about suing a grocery store who wrongfully accused me of shoplifting?

I checked out my groceries at a self-checkout lane, paid for Everything, got my receipt.Didn’t leave right away.I sat down in the cafe area of the store and ate something that I paid for,while I waited for my Uber.When the Uber was 1 min. away.I took my receipt out of my pocket like I always... View More

James L. Arrasmith
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answered on Jan 6, 2024

To pursue a lawsuit against a grocery store for wrongful accusation of shoplifting, you should first gather all evidence that supports your claim, including your receipt, any witness statements, and the details of the interaction with the loss prevention officer and the police. It's also... View More

1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Massachusetts on
Q: What is the criteria a psychologist/medical professional must meet in order to involuntarily commit an adult in MA?

What must a patient present with or say before a psychologist or physician can involuntarily commit a patient? In one case, would simply stating suicidal ideation or self harm enough or must they have an active plan to hurt themselves or others? Are there strict standards or is it up to the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Massachusetts, the criteria for a psychologist or medical professional to involuntarily commit an adult are specific and must be met with due diligence. A patient can be involuntarily committed if they are deemed to pose a risk of serious harm due to mental illness. This risk can be due to... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: In Massachusetts it is illegal to record someone without everyone involved consent. But what about for bullying..

What if it is in a public place and it is to prove bullying (sadly I mean adults, not children). Is it still illegal? Thank you

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answered on Dec 5, 2023

In Massachusetts, the law generally requires all-party consent for recording private conversations. However, the legality of recording in public spaces, especially for the purpose of documenting bullying, can be a bit more complex.

The key factor is the expectation of privacy. In public...
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1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Arrested with evidence of cash payment made to Jonald Thrumper (alias of right wing extremist) dismissed 3 yrs later.

My Daughter was falsely arrested by same Police Department after they learned of her Supoena as a witness in my subsequently dismissed case. The charges are serious felonious crimes and we have documented evidence of cash paid for the arrests. Racists documented threats from those commiting crimes... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your case, where there are allegations of false arrest, racially motivated harassment, and corruption involving law enforcement, it's critical to take well-informed and strategic legal steps. First, ensure that all evidence, including documents showing cash payments and any threats, are... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Massachusetts on
Q: My landlord that I rent from calls me stupid and makes fun of my religion. Can I sue her?
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answered on Nov 24, 2023

I'm sorry to hear about the treatment you're receiving from your landlord. In Massachusetts, tenants have certain rights, including the right to be free from harassment and discrimination. If your landlord is making derogatory remarks about your intelligence and ridiculing your religion,... View More

1 Answer | Asked in Internet Law, Contracts, Civil Rights and Communications Law for Massachusetts on
Q: Can an owner of an airbnb house release video of a famous person who is on the porch of the home on to the internet?

There is a video of Bill Belichick at a home shirtless going viral on the internet. Would he have civil recourse against the person who released it if the person was the owner of the home that rented it to him or another person? He comes out of the home and remains on the porch for the duration of... View More

James L. Arrasmith
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answered on Nov 18, 2023

If an owner of an Airbnb releases a video of a famous person, like Bill Belichick, who is on the porch of their rental property, the legal implications can be complex. The release of such a video may raise issues of privacy. In general, individuals have a reasonable expectation of privacy in... View More

1 Answer | Asked in Libel & Slander, Civil Rights and Personal Injury for Massachusetts on
Q: Can I sue my pharmacist for libel and slander after false drug-seeking accusations?

I would like to know if I can sue my pharmacist for libel and slander. I have a brain injury that causes short-term memory loss. Recently, when I called my pharmacy to refill a prescription, the pharmacist accused me of drug-seeking behavior and yelled at me. Despite explaining my condition and... View More

James L. Arrasmith
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answered on Apr 2, 2025

You may have grounds for a valid defamation lawsuit against your pharmacist based on the facts you've described. In California, defamation requires proving the pharmacist made false statements that damaged your reputation, which appears supported by their unfounded drug-seeking accusations... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Massachusetts on
Q: Seeking guidance on handling a false threat accusation from housing authority employee.

About two weeks ago, I received a letter from the housing authority inviting me to a meeting after an employee falsely accused me of threatening them. I am seeking guidance on how to address this accusation and request an apology. What steps should I take to resolve this issue effectively?

James L. Arrasmith
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answered on Apr 1, 2025

You find yourself in a precarious situation that requires careful navigation of the administrative procedures governing housing authorities. False accusations of threats can potentially jeopardize your housing status and must be addressed promptly with proper documentation and a strategic approach.... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Massachusetts on
Q: Concern about job demotion and discrimination during PFML/FMLA leave in healthcare sector after employer transition.

I am currently on PFML/FMLA leave and work in the healthcare sector. My employer was recently taken over by another company, and during my leave, I was informed of a demotion from Admissions and Marketing Director to Admissions Coordinator. This new role includes different responsibilities, lower... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation raises serious concerns about potential violations of your legal protections. Under FMLA/PFML regulations, you have the right to return to the same or an "equivalent position" with identical pay, benefits, and working conditions - a demotion from Director to Coordinator... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Massachusetts on
Q: How long to wait to lift a restraining order in Massachusetts?

I would like to know how long a person must wait before they can have a restraining order, issued in Massachusetts for a year, lifted against them. There have been no changes in circumstances since the order was issued, and there have been no previous attempts to modify or lift it.

James L. Arrasmith
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answered on Mar 27, 2025

When you want to have a restraining order lifted in Massachusetts, there's no mandatory waiting period before you can request this change. You have two main options for addressing the restraining order situation.

If you're the defendant (the person against whom the order was...
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1 Answer | Asked in Civil Rights, Landlord - Tenant and Gov & Administrative Law for Massachusetts on
Q: Being stalked, housing transfer denied due to having a car. How to contest?

I'm currently being stalked and have notified my housing manager and local authorities about this dangerous situation. They have denied my request for a housing transfer, stating that being closer to my doctor is not necessary for me since I have a car. Despite my ongoing distress, they seem... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your safety is the top priority in this troubling situation. Being stalked is a serious concern, and your housing manager's response about having a car misses the point entirely – this isn't about convenience to your doctor, but about escaping a dangerous person who knows where you... View More

1 Answer | Asked in Civil Rights, Education Law and Appeals / Appellate Law for Massachusetts on
Q: Son falsely accused of racism and suspended at secondary school. Legal options?

My son was falsely accused of racism at his secondary school, resulting in his suspension and a forced move from his dorm room. Fearing retaliation, he hasn't appealed the decision or reported the incident to any authorities. What legal options does he have to address the situation and... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand your concern about your son's situation - being falsely accused of racism and facing suspension is extremely serious. You have several options to consider, even with his fear of retaliation.

First, review the school's disciplinary policies and handbook thoroughly to...
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1 Answer | Asked in Criminal Law, Banking and Civil Rights for Massachusetts on
Q: We want a new attorney. What do we do?

We were arrested for trespassing and disturbing the peace when we entered our bank to withdraw our money ($16,000) the bank said they didn’t have that much money and we would have to schedule an appointment ahead of time. We told them we know there are laws that protect our rights so we told... View More

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answered on Mar 24, 2025

You have the right to request a different court-appointed attorney if you feel your current one isn't providing adequate representation. To do this, you'll need to file a motion with the court explaining your concerns and why you believe your current attorney isn't effectively... View More

1 Answer | Asked in Civil Rights, Employment Law, Personal Injury and Public Benefits for Massachusetts on
Q: Can I sue my sister in MA for abuse, harassment, and privacy invasion?

I have a situation involving my sister, who is my representative payee. She has been abusive and taken over a bank account worth millions with her husband. I am handicapped and live in a group home, which adds to my challenges. She has also invaded my privacy and continues to harass me. I am... View More

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answered on Mar 24, 2025

Your situation sounds deeply troubling, and I understand your frustration with your sister's behavior. When someone is appointed as a representative payee, they have a legal duty to act in your best interests, and abuse of this position could potentially form the basis for legal action in... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and White Collar Crime for Massachusetts on
Q: Can town officials misuse police resources and be charged under RICO?

I have been experiencing ongoing harassment from the Chair of the Board of Selectmen in my town who has been alleged to misuse police resources. He staged events to falsely accuse me of violating a harassment prevention order, leading to my arrest and incarceration. The situation has escalated to... View More

James L. Arrasmith
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answered on Mar 24, 2025

The RICO (Racketeer Influenced and Corrupt Organizations) statute might potentially apply to your situation, but it requires proving specific elements that can be challenging. For RICO charges to stick, prosecutors must demonstrate a pattern of racketeering activity (at least two predicate crimes... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Massachusetts on
Q: Are investigative drugs by FBI legal?

I believe the FBI is using investigative drugs on me to determine if I committed a crime. Are there any laws that regulate or restrict this practice?

James L. Arrasmith
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answered on Mar 23, 2025

I understand your concern about the FBI using drugs during investigations. Let me help clarify this important issue for you.

The FBI and other U.S. law enforcement agencies are prohibited from using "truth serums" or forced administration of drugs to extract information or...
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1 Answer | Asked in Constitutional Law, Civil Rights and Education Law for Massachusetts on
Q: Did the Supreme Court confirm Harvard's intentional racism against Asian American applicants in Students for Fair Admissions v. Harvard?

I am trying to understand if the U.S. Supreme Court, in the case of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, ruled on the allegation of intentional negative discrimination against Asian American applicants. Specifically, I am curious about the common... View More

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answered on Mar 23, 2025

The Supreme Court did not confirm that Harvard engaged in intentional racism against Asian American applicants in the Students for Fair Admissions v. Harvard case. The Court's 2023 landmark ruling struck down race-based affirmative action in college admissions broadly, but notably did not... View More

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