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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Michigan on
Q: My attorney had me go talk to the defendants attorney and show them my evidence. Is tha illegal

Was suing brother, my attorney, had me take the evidence to my brothers attorney, alone. Ended up firing my attorney, felt he was not doing anything for me. He never ever let me go to court and plead my case

James L. Arrasmith
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answered on Dec 23, 2023

In Michigan, it's not illegal for an attorney to advise a client to share evidence with the opposing party's attorney, especially in civil cases. This can be part of a strategy for negotiation or settlement. However, it's unusual for an attorney to ask a client to do this alone,... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: May I inspect a birth certificate before purchasing it?

Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?

What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?

James L. Arrasmith
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answered on Dec 9, 2023

Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More

1 Answer | Asked in Civil Rights for Michigan on
Q: Is it legal for the Wayne County Medical Examiner's Office to redact the Identification Data Sheets?

Parents are uniformed concerning who the person is on the Identification Data Sheet, is there a way to get the document unredacted in the interest of full disclosure and transparency?

James L. Arrasmith
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answered on Dec 5, 2023

In Michigan, the Wayne County Medical Examiner's Office may redact information from Identification Data Sheets for various reasons, including privacy concerns or ongoing investigations. It's important to understand that these redactions are typically made in accordance with... View More

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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1 Answer | Asked in Civil Rights and Medical Malpractice for Michigan on
Q: Where can I escalate a claim against my primary physician who violated MCL 750. 492a. Bureau of Licensing refuses action

I brought this complaint to the bureau my primary said I had a brain tumor two times and my neurosurgeon clearly states I never had one but the bureau refuses to take any action

Robert S. Iwrey
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Robert S. Iwrey
answered on Dec 3, 2024

MCL 750.492a pertains to placing misleading or inaccurate information in medical records or chart. Subsection (4) provides that violation of this statute does not give rise to a civil cause of action for damages. However, if LARA BPL has chosen not to take action, you may try reaching out to the... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Michigan on
Q: May jurors be sued?

When jurors find someone guilty of a crime that they didn't commit and decades later the person is exonerated, etcetera, may the jurors be sued?

Brent T. Geers
Brent T. Geers
answered on Nov 27, 2024

No. Absolutely not. Michigan has a specific statute that governs how to recover through an exoneration.

2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: A court clerk said the judge sees the evidence with the complaint, was this judicial misconduct?

A Pro Se complaint was filed. The clerk stated that documents are scanned, she would stamp them and give them back. She did not give them back. How should the Plaintiff had handled that situation?

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2024

Judicial misconduct? No. Are you referring to the return of exhibits attached to a complaint? Generally, you should only submit things to a court with the understanding they will become part of the public file and shared with the opposing party / counsel, and not be returned.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may someone get grievances thoroughly and properly investigated involving mortuary science licensees?

The Licensing and Regulatory Affairs claimed to have closed the case citing no violation found under the Occupational Health Code. However, the violations in the complaint involve the Public Health Code, MCL 333.2843 et seq. and criminal activities. Knowingly falsity in causing a death certificate... View More

James L. Arrasmith
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answered on Oct 27, 2024

I'm sorry to hear about the challenges you're facing in getting your grievances properly investigated. It must be incredibly frustrating when serious concerns are not addressed by the authorities.

You might consider reaching out to higher authorities or oversight bodies, such as...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Michigan on
Q: Is it possible that government housing inspections can violate the 4th amendment of surge and seizure and harassment?

They conduct what they call “safety inspections” EVERY month. And HUD does a annual inspection EVERY year. My argument is we are paying close to $1,000 a month, and people have the right to pursuit of happiness and tenants have right not to be harassed. It is also effecting my mental health... View More

James L. Arrasmith
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answered on Oct 25, 2024

Frequent government housing inspections might raise concerns regarding the Fourth Amendment, which protects against unreasonable searches and seizures. While safety inspections are important for ensuring living conditions meet certain standards, conducting them every month could be seen as... View More

2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Legally should Licensing and Regulatory Affairs require the person who the complaint is launched against to respond?

"Licensed mortuary scientists are required to obtain authorization for final disposition from the next-of-kin and a burial transit permit before transporting dead human bodies to cemeteries or crematories and must take care in completing and electronically signing death certificates,” said... View More

Brent T. Geers
Brent T. Geers
answered on Oct 25, 2024

It's LARA's duty to investigate the allegations you made against a licensed person. Beyond that, you have no standing or grounds to cause LARA to do anything. What they do with the results of their investigation is between the agency and the licensee.

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1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Michigan on
Q: can a cop pull you over if you did not I commit a traffic violation

yes a cop was doing a on going investigation and he was looking for somebody for questioning but pulled me over to try to find a person so he can question them but again nothing to do with me but he dont have the right to pull me over for no reason said this traffic stop is for a on going... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your experience. Police officers generally need reasonable suspicion to make a traffic stop. If you didn't commit a traffic violation but the officer believed you might have information related to an ongoing investigation, they may have grounds to stop you.... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: The state refused to allow me to purchase a valid death certificate, how may I proceed?

I've been denied access to courts as well as due process rights as next of kin/heir by right of inheritance, as it pertains to my child and spouse. The government entities knew or should have known that the informants were giving false and misleading information. I'm the only heir on... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you are facing significant legal and bureaucratic challenges in obtaining the documents and rights you are entitled to as next of kin. If you’ve been denied access to purchase a death certificate or receive necessary records, the first step could be to ensure that you have formal... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Sexual Harassment for Michigan on
Q: Is this standard practice or just blatant ignorance? Is it considered some sort of discrimination?

When my partner and I received our marriage license in the post, from the County Clerks office, a STI/HIV pamphlet was included. We are a gay couple, but it felt very pointed and completely irrelevant.

James L. Arrasmith
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answered on Oct 2, 2024

Receiving an STI/HIV pamphlet with your marriage license is often part of public health initiatives aimed at informing all couples about sexual health. Many county offices include such materials as a standard practice to promote awareness and prevention. This inclusion is generally not targeted at... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Hello what kind of Attorney do I need to go after a breathalyzer company for ADA Discrimination

I was sentenced to 1 year on a breathalyzer in Michigan. I currently still have the breathalyzer and it’s been 1 year 9 months. I keep getting violated because I can’t hear the beep of the device. I have called the breathalyzer company and explain to them that I am deaf in both ears and... View More

James L. Arrasmith
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answered on Sep 27, 2024

You may want to consult an attorney who handles cases involving disability discrimination, particularly under the Americans with Disabilities Act (ADA). This type of attorney can help you address the violations you’ve experienced because of your inability to hear the breathalyzer device, as well... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Is it legal for police in a small town to follow cars on weekends through town with their headlights off.

This occurs late at night when traffic is isolated.

James L. Arrasmith
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answered on Sep 21, 2024

It’s understandable to be concerned about the police following cars, especially in unusual circumstances. Law enforcement officers have broad authority to patrol and monitor vehicles, but their actions must still respect the law and constitutional rights. Following vehicles without headlights at... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Michigan on
Q: How to handle neighbors with barking dogs?

The house next to mine was sold to new people this spring, who have vicious barking dogs. Every time I am outside watering my flowers and lawn these dogs begin barking at me uncontrollably, and I can't even focus on what I am doing. Over the summer I have had 20 to 30 different dogs walk by... View More

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answered on Sep 19, 2024

Dealing with neighbors' barking dogs can be frustrating, especially when it's affecting your ability to enjoy your home. A first step is to have a calm and respectful conversation with your neighbor. Explain how the barking is impacting you and see if they’re willing to take measures,... View More

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