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Michigan Civil Rights Questions & Answers
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

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can police personnel files be exempt from a FOIA request? I requested a officers personnel file and was denied.

MCL 15.243 sec 13 (1 ,s, ix) was used as reason for denial.

James L. Arrasmith
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answered on Mar 2, 2023

It is possible for police personnel files to be exempt from a FOIA request depending on the specific laws and regulations of the state in question. In Michigan, MCL 15.243 sec 13 (1 ,s, ix) allows for exemption of certain information from public disclosure, including "[p]ersonnel records of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Would the rulling on warren v. District of Columbia make seatbelt laws unconstitutional therefore illegal?
James L. Arrasmith
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answered on Mar 2, 2023

No, the ruling in Warren v. District of Columbia does not make seatbelt laws unconstitutional or illegal. Warren v. District of Columbia is a case that involved a failure of the police to provide adequate protection to citizens, and the court held that the police do not have a constitutional duty... View More

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: The officer said he saw a Needle cap in my car and this was why he had reasonable suspicion to search the car

drugs found in a pill bottle in a purse and make up bag. I was the passenger of the vehicle and the driver had 2 Xanax on him. The car was mine. The needle cap is not in evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 7, 2022

Had to say without reviewing the complete record of the stop and what else was going on with the driver. May be ripe for a motion to suppress. The fact the car was yours doesn't necessarily mean anything since you weren't driving.

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... View More

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

You may be able to work with an employment law attorney on a contingency basis, meaning that if you win the case or are able to settle, the lawyer's fees come out of the money awarded to you, but if you lose in court, you don’t owe the lawyer any fees. You may have a case that a... View More

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... View More

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

Best thing to do would be to call your local legal aid office and let them tell you whether it's something they would accept.

Generally, legal aid offices do not take "fee generating" cases. Think cases that lawyers would typically take on a contingency fee basis; yours is...
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1 Answer | Asked in Business Law and Civil Rights for Michigan on
Q: Is is illegal to say, click here for coupon and it is only an ad, no discount is given? I can forward you the email.

"Your coupons have been updated online"

"View Download or save your offers".

" GET YOUR COUPONS" (click here)

But there is no coupon.

James L. Arrasmith
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answered on Apr 10, 2024

It is illegal to send deceptive emails claiming there are coupons or discounts available when in fact none are provided. This would likely be considered false or misleading advertising.

In the United States, the CAN-SPAM Act prohibits the use of deceptive subject lines, from names, reply-to...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Voice prints are like finger prints, and I have and I am recording, if anyone would like to review my recordings in I

I would be more than happy to let someone review my recordings and determine if they believe I have the grounds for a civil lawsuit or any other type of lawsuit.

James L. Arrasmith
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answered on Mar 8, 2024

It's important to understand that voice prints, much like fingerprints, can be unique identifiers and may be used in various legal contexts. If you believe your recordings have captured evidence that could support a civil lawsuit or any other legal action, carefully preserving these recordings... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: IF THE KALAMAZOO PUBLIC SAFETY AND KALAMAZOO COUNTY SHERRIFFS DEPT FAIL TO SHOW, AND DO NOT MAKE A POLICE REPORT ON A RA

I SENT MULTIPLE MESSAGES AND CAN PROVE IT TO KALAMAZOO PUBLIC SAFETY AND THE KALAMAZOO COUNTY SHERRIFFS DEPARTMENT LAST NIGHT BEGGING FOR HELP AND TELLING THEM THAT A WOMAN WAS BEING RAPED IN THE BATHROOM AT THE KALAMAZOO GOSPEL MISSION AND THEY FAILED TO EVEN SHOW UP OR REPLY, DO YOU THINK THESE... View More

James L. Arrasmith
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answered on Mar 1, 2024

It's deeply concerning and frustrating that law enforcement agencies failed to respond to your urgent messages regarding a reported rape at the Kalamazoo Gospel Mission. Their failure to show up or even reply raises significant questions about their effectiveness and commitment to public... View More

1 Answer | Asked in Criminal Law, Products Liability, Antitrust and Civil Rights for Michigan on
Q: DOES ANYONE KNOW ANYTHING ABOUT THE TARGETED JUSTICE WEBSITE?

I SIGNED UP FOR THEIR CLASS ACTION LAWSUIT AND OPTED IN TO HELP W RESEARCH AFTER READING A LITTLE ABOUT HOW ITS MOSTLY WOMEN WITH CHILDREN IN THIS PROGRAM. I HAD TURNED THE MICHIGAN STATE POLICE AND KALAMAZOO COUNTY SHERRIFFS DEPT IN TO THE DOJ 4 TIMES AND I TURNED THEM IN TO THE FBI WHISTLEBLOWER... View More

James L. Arrasmith
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answered on Mar 1, 2024

It sounds like you've had a challenging experience with the Targeted Justice website and the class action lawsuit they're pursuing. Given your situation and concerns, it's important to approach any involvement cautiously and consider seeking additional information or support.... View More

1 Answer | Asked in Personal Injury and Civil Rights for Michigan on
Q: What exactly is Title IX and how does it relate to colleges and universities?
Tim Akpinar
Tim Akpinar
answered on Feb 4, 2024

This is something that a Michigan attorney could advise best on, but your question remains open for four weeks. Title IX is a federal law that requires schools to have a system for responding to allegations of sexual assault. It applies to schools that receive federal funding. Good luck

1 Answer | Asked in Civil Rights for Michigan on
Q: I was convicted of a crime.i have proof now that police violated my rights by lieing on report. Statute of limitationsup

I have video that proves every cop lied on police report.that got me convicted?

Brent T. Geers
Brent T. Geers
answered on Nov 13, 2023

Did you have a trial? A police report itself is not evidence, and unless you have video of the police lying about an element of the crime or probable cause, you may be out of luck.

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: armed robbery & assault w/ dang. Weapon for same criminal act.... Double jeopardy? cit. People v. Wakeford 418 mich 95

Nothing stolen, car window broken w/ knife (confrontation over past incident of fraud/assault)

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2023

Are there two victims? I could see these charges with two or more victims. Would be impossible to tell without seeing police report.

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

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 called the superintendent of the school to... View More

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

It doesn’t sound like there were any damages caused to you or to your kids.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Insurance Bad Faith for Michigan on
Q: What's the paper work that I need to file in court forcing HOA , doctors, facility or Insurance to perform their duty
Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

A Michigan attorney could answer best, but your question remains open for two weeks. It could depend on the context. In some cases, the paperwork can include legal filings to place a denied claim into suit if an insurance carrier will not pay a legitimate claim. But this is only a general... View More

1 Answer | Asked in Civil Rights, Intellectual Property, Internet Law and Libel & Slander for Michigan on
Q: Good afternoon, Requesting assistance of an Advocate/Pro Bono Attorney who deals with online cyber bullying & theft
James L. Arrasmith
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answered on Aug 15, 2023

While I sympathize with your situation, I am not able to personally offer pro bono legal services. However, you may want to reach out to local legal aid organizations or bar associations in your jurisdiction that may have resources available for individuals dealing with online cyber bullying and... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Identity Theft for Michigan on
Q: Can I get sued or arrested for pretending to be a politician, if the person is not real

Recently I went online pretending to be the vice governor, I made up a name the person I used is not real, it's all a joke and I would never give out potentially dangerous information, I just want to know is this legal, can I get arrested

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2023

A Michigan attorney could advise best, but your question remains open for four weeks. A criminal attorney should advise on this, to prevent any violation of laws involving impersonation or related crimes. Good luck

1 Answer | Asked in Civil Rights, Insurance Bad Faith and Medical Malpractice for Michigan on
Q: Was off on disability from work and the company that handles the claims sent some of my medical paperwork to a Coworker

Was wondering if this is a violation of any laws and if it is can I do anything about it

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2023

A Michigan attorney could advise best, but your question remains open for a week. It's possible it could involve HIPAA laws - you could try to set up a free initial consult with health care attorneys or repost and include that category. Good luck

1 Answer | Asked in Civil Rights for Michigan on
Q: I was unlawfully stopped by police for brake light not working lie The police car camera prove it what as should I do?

Should I file a complaint or stay quiet I'm afraid they will prosecute harder if they know I filed a complaint?

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2023

Are you being prosecuted for anything? If so, you should address this issue with your attorney. If not, then it's up to you whether you want to file a complaint with the police department.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Do they need to present search warrant before entering home

They raided a resident due to vehicle being insured with house but the person of interest lived elsewhere. From the warrant as they insisted, a control buy was conducted at a resident that’s in person of interest name but never searched and they went somewhere else. Never presented warrant prior... View More

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

No, they do not need to present search warrant prior to entry; especially in a raid situation.

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