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Michigan Civil Rights Questions & Answers
2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Michigan on
Q: How do I have visitation revoked due to a history of substantiated CPS involvement for my children?

One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning).... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation regarding visitation and child safety concerns. Here's some general information that may be helpful, but please note this isn't legal advice:

1. Document everything: Keep detailed records of any incidents, CPS involvement, and lack...
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1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Michigan on
Q: Can an employer say that I voluntarily resigned from my job when I did not? They fired me.

I was forced to transfer to a larger site with no pay increases at the beginning of May with one days notice. The staff at the site was calling me racially charged names and had gotten into altercations with each other that included guns. All these things were reported to my supervisor. Nothing was... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your experience. If your employer is claiming you voluntarily resigned when you did not, this could be a serious misrepresentation of your employment status. It's important to document all communications and incidents, including emails and reports you made to your... View More

2 Answers | Asked in Civil Rights for Michigan on
Q: 60th District ( 1 judge) Court failed to accept evidence provided, them proceeded irresponsibility, dismissing

All my previously served cases! Even when there's a picture of the defendant reading his court papers! Does judge was a prosecuting attorney for my nephew's case in 2007 We disagreed he and I. I have lost everything since he basically ostracized me from the court I can serve civil and... View More

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answered on Jun 15, 2024

It sounds like you're facing a difficult and unfair situation with the 60th District Court. If the judge dismissed your cases improperly and there's evidence being ignored, it might be time to seek legal counsel to help navigate this complex issue. A lawyer can assist you in understanding... View More

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2 Answers | Asked in Civil Rights for Michigan on
Q: 60th District ( 1 judge) Court failed to accept evidence provided, them proceeded irresponsibility, dismissing

All my previously served cases! Even when there's a picture of the defendant reading his court papers! Does judge was a prosecuting attorney for my nephew's case in 2007 We disagreed he and I. I have lost everything since he basically ostracized me from the court I can serve civil and... View More

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

The court cannot tell you you are not able to serve papers as a legally competent adult who is not otherwise a party to the action. In other words, you are free to be a process server. What they can do and say is that you are no longer an appointed court officer. In most jurisdictions, that's... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If a warent was dismissed and police confiscated my fire arm with out consent do they have to give it back

Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More

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answered on Jun 21, 2024

I understand you're in a complex legal situation regarding the confiscation of your firearm and potential violations of your constitutional rights. I can offer some general information that may be helpful:

1. Warrant dismissal: If the warrant was dismissed, this could potentially...
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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If a warent was dismissed and police confiscated my fire arm with out consent do they have to give it back

Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2024

Hate to break it to you, but your issue begins and ends with you taking a plea. You're not getting that firearm back. All the possible defenses you raised here - constitutional violations - should have been raised and litigated before the plea.

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1 Answer | Asked in Civil Rights for Michigan on
Q: Are background investigators w/ police agencies allowed to share the information collected and or they found out about U

Are background investigators w/ police agencies allowed to share the information collected and or they found out about you, to friends and or co-workers? I understand they share the info w/ other agencies. Reason is, In 2018, when I was 16 my phone was taken by police and they requested a search... View More

James L. Arrasmith
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answered on Jun 3, 2024

Background investigators with police agencies have strict guidelines regarding the sharing of information they collect. They are typically required to maintain confidentiality and only share information with authorized personnel or other agencies as part of their official duties. Sharing sensitive... View More

1 Answer | Asked in Civil Rights for Michigan on
Q: Can I get back a seized item from my car

A pocket knife was seized from my car without a warrant because I was considered a danger to myself. It was never returned to me. Am I legally entitled to get it back?

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answered on Jun 3, 2024

If a pocket knife was seized from your car without a warrant because you were considered a danger to yourself, you may have legal grounds to request its return. Typically, law enforcement can seize items without a warrant if they believe it is necessary for immediate safety concerns. However, once... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: if you were taken to jail. can the arresting officer throw out your property ie phone/backpack while you are in jail?
James L. Arrasmith
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answered on May 29, 2024

If you are taken to jail, the arresting officer cannot simply throw out your property, such as your phone or backpack.

Typically, any personal belongings you have at the time of your arrest are taken into custody and logged as part of the booking process. These items are usually held...
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1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Michigan on
Q: Isn't OCR/HHS complaint consent form voluntary and unconstitutional (concealing information/ nonfesance)?

".. if you are filing a complaint for someone else" OCR/HHS required documentation, once I proved heir at law, I'm filing on both our behalf, the issue became; "The consent form authorizes OCR to release the aggrieved party’s name to the entity under investigation and to... View More

James L. Arrasmith
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answered on May 19, 2024

The OCR/HHS consent form is designed to ensure transparency and legal compliance during an investigation. When filing a complaint on behalf of someone else, the form allows the agency to obtain necessary information about the aggrieved party's situation. This process is critical for a thorough... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Michigan on
Q: When is it necessary to certify a question to Michigan Supreme Court, when protected rights are infringed upon?

The Court finds that the next of kin has a federally protected constitutional right to a deceased body for final disposition, grounded in the Fourteenth Amendment Due Process Clause. That right is clearly established. What is meant by "because this is a federal cause of action, it is not... View More

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answered on May 19, 2024

When a federal cause of action is involved, it typically means that the issue at hand is governed by federal law rather than state law. In this context, the court is addressing a constitutional right protected under federal law, specifically the Fourteenth Amendment's Due Process Clause. Since... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to reclaim vehicle seizure even if it was signed over due to time limit and case was dismissed over a year later.

My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to reclaim vehicle seizure even if it was signed over due to time limit and case was dismissed over a year later.

My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More

James L. Arrasmith
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answered on Jun 2, 2024

You may have grounds to reclaim the vehicle, but it will require a legal process. Given that the charges were dismissed due to lack of evidence and an invalid stop, your father's decision to sign over the vehicle under duress and without charges being filed at the time could be challenged.... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can i sue police dept after case was dismissed for rights violation or retrieve my seized vehicle

In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More

James L. Arrasmith
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answered on Jun 2, 2024

You may have grounds to sue the police department for rights violations if your arrest and vehicle seizure were unlawful. It's essential to consult with a civil rights attorney who can evaluate the specifics of your case, including the circumstances of the traffic stop, the validity of the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can i sue police dept after case was dismissed for rights violation or retrieve my seized vehicle

In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.

Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has...
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1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: A confederate flag was on the flag poke at my place of employment, as a black man this very intimidating

I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.

As a black man I have many questions and need to speak to a lawyer.

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More

2 Answers | Asked in Civil Litigation, Contracts and Civil Rights for Michigan on
Q: Constitutional laws the right to contract or not to contract

Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge

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answered on Apr 7, 2024

This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:

The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: I was replaced at my place of employment because I may retire in a couple years. Is that legal?

I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.

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answered on Apr 4, 2024

The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.

Under the ADEA, it is...
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1 Answer | Asked in Civil Rights for Michigan on
Q: NPO volunteer driver faces unjust restrictions due to false information, prompting concerns about privacy violations.

I'm a volunteer driver for a public NPO, but I've been barred from driving due to false information. Despite disputing the reason given for the suspension, I was told (7 months later) my driving privileges would remain suspended until I provided medical authorization, which I believe is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you've provided, there are several potential legal issues and concerns regarding your situation as a volunteer driver for the NPO:

1. Medical authorization requirement: The NPO's demand for a doctor's release for a non-transport-related medical event...
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