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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Elder Law for Michigan on
Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf Matthew's mother against... View More

James L. Arrasmith
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answered on Nov 28, 2023

No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:

• The court has a responsibility to thoroughly...
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1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Probate for Michigan on
Q: How is it known to the public if court records are or files are sealed?
James L. Arrasmith
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answered on Nov 28, 2023

There is typically no way for the general public to know if court records or files have been sealed unless this is specifically disclosed by the court. Sealed records are, by definition, restricted from public access and inspection.

Instead, here is what generally happens when records are...
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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Do inmates have rights as far as HIPPA or privacy rights that guards are not allowed to share with people?

My brother is dating a girl that works in the jail my boyfriend is currently an inmate at. When my brother told her who my boyfriend was she shared a lot of information with my brother that was in my boyfriend's file, I feel this is at best unprofessional, but is there anything legally that... View More

James L. Arrasmith
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answered on Nov 28, 2023

Inmates do retain certain privacy rights, including protections under the Health Insurance Portability and Accountability Act (HIPAA). HIPAA safeguards the confidentiality of medical information, which applies to individuals in correctional facilities as well. If the information shared from your... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Do inmates have rights as far as HIPPA or privacy rights that guards are not allowed to share with people?

My brother is dating a girl that works in the jail my boyfriend is currently an inmate at. When my brother told her who my boyfriend was she shared a lot of information with my brother that was in my boyfriend's file, I feel this is at best unprofessional, but is there anything legally that... View More

Brent T. Geers
Brent T. Geers
answered on Nov 26, 2023

Without knowing what information specifically, it's hard to say. Some information on your boyfriend's file may also be public information, such as charges.

Might be unprofessional, at worse, but could be more. Larger issue is that unless the disclosure is something pretty major,...
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2 Answers | Asked in Gov & Administrative Law, Foreclosure and Civil Rights for Michigan on
Q: Hi, I’m having a hard time trying to hire an attorney, can I Represent myself in federal court
James L. Arrasmith
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answered on Nov 12, 2023

In Michigan, as in the rest of the United States, you have the right to represent yourself in federal court, a practice known as proceeding pro se. However, be aware that federal court procedures can be complex, and representing yourself requires a thorough understanding of both the relevant law... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but the refuse to it would show that I had nothing to do with them and no... View More

James L. Arrasmith
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answered on Nov 7, 2023

If you're facing charges and believe your civil rights have been violated due to the refusal of a DNA test on evidence, you should promptly discuss this issue with a criminal defense attorney. In Michigan, as in all states, defendants have the right to challenge the admissibility of evidence... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no... View More

James L. Arrasmith
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answered on Nov 7, 2023

It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Michigan on
Q: My boyfriend is in need of a wrongful improvement lawyer asap as he is almost outta time and was railroaded

So my boyfriend was arrested for homicide /manslaughter 2020 and he was truthfull with the police and freely told the truth on what his part in sed mans death could have been but he was forced to take a plea deal and in prison for six months before the investigation was even over with the... View More

James L. Arrasmith
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answered on Nov 7, 2023

If your boyfriend believes he was wrongfully convicted, it would be prudent for him to consult with an attorney experienced in criminal defense and appellate work. Since this is a matter of Michigan law, he should seek out a Michigan-licensed attorney promptly, as there are strict time limits for... View More

2 Answers | Asked in Civil Rights for Michigan on
Q: Do you have to show police your CPL license if you are not suspected of a crime in Michigan.

And or Drivers License while carrying a firearm.

T. Augustus Claus
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answered on Sep 21, 2023

In Michigan, if you are carrying a concealed pistol on your person or in your vehicle, state law generally requires you to immediately disclose this fact to a police officer when you're stopped by one. This is required whether or not you are suspected of a crime. You are also typically... View More

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2 Answers | Asked in Civil Rights for Michigan on
Q: Do you have to show police your CPL license if you are not suspected of a crime in Michigan.

And or Drivers License while carrying a firearm.

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2023

The answer is within the licensing statutes. The prerequisite CPL class instructs people on their rights AND responsibilities under the law. Importantly, you are obligated to immediately disclose whether you are carrying concealed when approached by law enforcement. Failing to do so, or not having... View More

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1 Answer | Asked in Civil Rights and Education Law for Michigan on
Q: Can I sue my school for neglect if they had a fire drill at 8:40am when it's 28° outside and the kids no jackets

Newberry mi Going to the store and noticed all the kids at the school were outside with no jacket on because they were having a fire drill at 8:40 in the morning when it was 28° outside .they are out there for 15 to 20 minutes. my kids are already sick as it is "sinuses" called the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2023

I assume this happened last winter, as to my knowledge, it's not been 28 degrees anywhere in lower Michigan yet this school year.

A few questions: what are your damages? Did your kid end up sicker? If you were aware that he was sick, why was he at school? Not trying to be funny, but...
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1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Michigan on
Q: Can I sue my middle school? I’m now 18 years old and feel like I can speak for myself and how badly this effected me.

When I was 12, I was charged with disturbance of peace and false terrorist threat. I warned another student about what I heard out of fear about someone “shooting the school on Monday”. Little did I know I was soon to be racially profiled being Arab as well as another girl, African American,... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

Yes as an 18 year old you can file a lawsuit on your own behalf. Be aware that such lawsuits will take a lot of time (2-3 years) and cost you a lot of money (most likely $100,000+) and your chance of success is very low (<5%).

But, as an adult now, you are competent to make that...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Michigan on
Q: If a inmate in a correctional facility request to go into protective custody to avoid a confrontation with another inmat

And the guards refused to let him and tell him if he does so write him a ticket. Is that against the inmates rights?

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2023

I think if something were to happen now, there's possible liability on the prison. Whether a denial of protective custody at this juncture is appropriate is very much a fact-dependent question. Prisons do not need to just place someone in protective custody just because they ask. Usually,... View More

1 Answer | Asked in Employment Law and Civil Rights for Michigan on
Q: Can I get fired from my job for my spouse yelling at an employee?

In MI. I’m a manager. My significant other felt disrespected by an employee at my job. She looked through a window to say hi to another employee and saw him staring at her. She asked if there was a problem then he made shooing gestures. When I came outside she had her arms open yelling for him... View More

Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Potentially. Understand that an employer doesn't need to prove anything to fire you. They could take the position that your boyfriend had no other business being there but for you, and as a manager, you're held to a higher standard. Will they do it depends on a whole host of variables. It... View More

1 Answer | Asked in Civil Rights and Contracts for Michigan on
Q: Hello, Does my spouse and I have to sign a liability release form to allows photos to be taken and used ANY way/ forever

We are going on a 5 day trip to Jamaica. My sister in law invited us as tag a longs via HER church. We paid for the air fare on our own. However, the church secured block rooms price. We paid that directly to Liberty Travel agency. We paid for travel and flight insurance directly to the travel... View More

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2023

If the dinner is optional - and I can't think of anyway they could make it mandatory even if they wanted to - then I think you have a choice to make: either go to the dinner and have a conversation about pictures before or during the dinner, or don't go to the dinner.

I would...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can I be charged with 2 counts of police officer assaulting resisting obstructing

Not sure how I can be charged we that why there are 2 counts is because there was 2 officers present my girlfriend called them on me for domestic violence when she's the one that bit me and wouldn't release when I asked her to so yes I had to slap her to get her to release then she was... View More

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2023

The devil is always in the details. Here, I suspect the police are going to testify that they issued commands to stop, etc. Hopefully there's body cams to support what you're saying about that.

The two counts of R&O would likely come from two officers present, HOWEVER, that...
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1 Answer | Asked in Civil Rights for Michigan on
Q: How to file a section 1983 claim

Our daughter was murdered. Prosecuting attorny did not inform us of a court date at which a plea deal was put before the judge. Then lied to the judge and said that he met with us and discussed the plea. As a matter of fact, I tried to get him on the phone for over an hour and he refused to speak... View More

Brent T. Geers
Brent T. Geers
answered on Jun 26, 2023

I am sorry to hear this. I don't think this is a 1983 claim though. Has the defendant been sentenced? If you haven't already, you should ask to speak with the elected prosecutor. And if the person hasn't been sentenced, you can certainly speak at sentencing about this. Unfortunately,... View More

1 Answer | Asked in Civil Rights and Public Benefits for Michigan on
Q: Can an agency require me to sign a release for them to request any and all personal and medical information and to share

I feel this vague release violates my privacy and I told them I would give them info that pertains to services but they are denying services til I sign.

Brent T. Geers
Brent T. Geers
answered on Jun 15, 2023

Many agencies require signed releases before engaging with services. The reason being is that they need complete information about you to provide services, and don't want to be in a position where they give you inaccurate information or the misguided services based only on what you disclose or... View More

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: How should I handle being stopped by an accusation of shoplifting when my ostomy bag is full?

I am an ostomate; there has been an increase in reports from fellow ostomates on support group sites of being stopped/accused of shoplifting when they have a full bag or bulges from a parastomal hernia. Some have resorted to exposing their body and/or medical device; some have even been poked in... View More

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

Great question! It's hard to give a "right" answer because there are a number of variables to consider...including the reality that some people simply lack empathy.

The simple answer is to do what probably comes naturally to you: if confronted, remain calm and explain that...
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1 Answer | Asked in Admiralty / Maritime, Civil Litigation and Civil Rights for Michigan on
Q: Is there a federal rule or code which prevents altering a settlement agreement that was put on record?

I entered into a settlement agreement, placed on record with a US magistrate judge. The government has written up a proposed stipulation. It has several pages of legal jargon and agreements that are not on record, and I do not agree to. I refuse to sign. He filed a motion to enforce the settlement,... View More

Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

The issue is whether what was placed on the record and presented in writing is substantively the same. Often times, what is placed on the record is material terms of the agreement; the written agreement will contain the additional "legalise" that make it all work. Unless you can show a... View More

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