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Massachusetts Civil Rights Questions & Answers
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

James L. Arrasmith
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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 Civil Rights, Medical Malpractice and Social Security for Massachusetts on
Q: who do I contact if an inmate is not receiving proper medical treatment for their disability?

An inmate in mass has a disability and has a brain tumor diagnosis and was told to have brain scans every six months due to the risk of it growing back, and jail is refusing.

James L. Arrasmith
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answered on Oct 15, 2024

If an inmate in Massachusetts is not receiving the necessary medical treatment for a disability like a brain tumor, the first step is to contact the inmate’s attorney. Legal representation can advocate for the inmate’s rights and ensure that proper medical care is provided. The attorney can... View More

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Massachusetts on
Q: if a person has been incarcerated for three months without being indicted are they still allowed to hold him?
James L. Arrasmith
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answered on Oct 6, 2024

If someone has been held for three months without being indicted, that could potentially violate their rights under both state and federal law. In most cases, the government is required to indict or formally charge a person within a specific period of time. In Massachusetts, if you’re being held... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Massachusetts on
Q: I got a 30 day notice to quit can I just move out without giving a 30 days notice?
James L. Arrasmith
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answered on Sep 30, 2024

When you receive a 30-day notice to quit, it's important to understand that this notice typically means the landlord is giving you a formal request to vacate the property. In most cases, you can move out within that 30-day period without needing to give additional notice. The landlord has... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Massachusetts on
Q: What is the remedy if the police obtain an illegal confession then use it to force a plea in an unrelated case?

I was interrogated without a lawyer after requesting one and having verbally expressed my 5th Amendment privilege against self incrimination. I was not under indictment nor was I held on a complaint, yet the police told me I was not free to leave. The police report notes this. After an extended... View More

James L. Arrasmith
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answered on Sep 7, 2024

If the police obtained an illegal confession after you requested a lawyer and invoked your Fifth Amendment rights, that confession is considered inadmissible in court due to a violation of your constitutional rights. The remedy for this situation is typically to file a motion to suppress the... View More

1 Answer | Asked in Employment Law and Civil Rights for Massachusetts on
Q: Everyone treated me differently after I accepted my transfer offer. Is this retaliation?

I’m in a shift lead role. I recently got approved for a site transfer for October. This morning I was trying to staff the associates then was told by a higher ranked supervisor to step aside and let someone else do it. I was taken off my shift lead role for today and was placed on a station... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re going through a tough time with the change in how your colleagues are treating you after accepting the transfer. Being taken off your shift lead role and noticing the shift in behavior from your supervisors and colleagues can feel isolating and confusing. It’s natural to... View More

1 Answer | Asked in Civil Rights, Employment Law and Health Care Law for Massachusetts on
Q: Can I be fired with open disability claims, ADA letters in place and before I have finished PT & OT?

I went out of work due to complications from long COVID & several subsequent COVID positive tests. My HR called recently to say I was being terminated. I have ADA letters still to be filed, physical therapy and occupational therapy aren’t complete yet but I have been fired. I keep being told... View More

James L. Arrasmith
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answered on Aug 31, 2024

It's important to understand that having open disability claims and ADA protections does not make you immune from termination. However, these protections are meant to ensure that you are not being terminated because of your disability. If your employer is terminating you due to your disability... View More

1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Can you sue the jail that your incarcerated in?
James L. Arrasmith
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answered on Jul 27, 2024

Yes, you can sue the jail you are incarcerated in if your rights have been violated. You might pursue legal action for issues like inadequate medical care, unsafe living conditions, or abuse by staff. It's important to gather as much evidence as possible, such as documentation of your... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Massachusetts on
Q: PLEASE HELP TRANSFERRING MY CASE FROM HOUSING COURT TO SUPERIOR COURT

My home was illegally foreclosed in 8/19/19 and then sold in an online auction in 11/15/19 while in the middle of litigation between the bank and myself. The 3rd party brought SP. Judge Winik from the start has assumed that plaintiff has the right to title. He asked me if I maintain the house by... View More

James L. Arrasmith
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answered on Jul 27, 2024

To transfer your case from Housing Court to Superior Court, you need to file a motion to transfer jurisdiction. This motion should include a detailed explanation of why the Superior Court is the appropriate venue, emphasizing any legal or procedural errors made by the Housing Court, such as the... View More

Q: My name is on the title of a car that my ex has. His name is also on the title. How do I get my name off it? He owes $

How do I get my name off it? I had the car in my possession at one point, I was making payments, and the car insurance was in my name and I was paying on that too, until he cheated and we parted ways. He took the car from me and I want to know if I can get the car back from him or if I can get him... View More

James L. Arrasmith
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answered on Mar 28, 2024

Removing your name from the title of a car that you co-own with your ex can be a complex process, especially if there are disagreements about the car's ownership and payments. The first step is to communicate with your ex and express your desire to either have the car transferred entirely to... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: Do you have outside of Boston Lawyers, if after I try, and things don’t turn out to be in my best

Interest? Or no availability is given to me?

James L. Arrasmith
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answered on Dec 5, 2023

Yes, you can absolutely find lawyers outside of Boston, Massachusetts. The availability of lawyers isn't restricted to any specific location. Attorneys practice throughout the state, serving various cities and towns, including Natick. If you've attempted to find a lawyer in your area, and... View More

1 Answer | Asked in Civil Rights, Criminal Law and Traffic Tickets for Massachusetts on
Q: I just asked the last lawyer about how I go followed bye mass state police I will not pay you firm or show video til a h

I have a lot more information I just need to talk to a human being you'll find out

James L. Arrasmith
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answered on Nov 12, 2023

If you believe you have been unfairly followed by the Massachusetts State Police and have evidence to support your claim, it is important to consult with an attorney who can provide personalized legal advice. You can reach out to local law firms that handle civil rights or criminal law cases. Many... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Massachusetts on
Q: I have been scammed by an online seller ! What do I do ?

My brother recently bought a car from Facebook Marketplace. The car had a legal title with the seller’s name and no lienholder mentioned. My brother took the title to RMV and was able to register the car under his name (which means title was original). After a couple of months, a towing company... View More

Christopher Tolley
Christopher Tolley
answered on Oct 27, 2023

If your brother has an unencumbered title and it is the same vehicle the car should not have been repossessed. Your brother should call the attorney general o get a lawyer to get the car back.

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