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Mississippi Civil Rights Questions & Answers
Q: Filed a 1983 civil rights claim in Mississippi while incarcerated and need help with what I have to do with judges order
James L. Arrasmith
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answered on Jun 17, 2024

When you receive a judge's order regarding your 1983 civil rights claim, the first step is to read the order carefully and understand what is being asked of you. Pay attention to any deadlines or specific actions you must take, as missing these could negatively impact your case.

If the...
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1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Mississippi on
Q: I have expunged my record how can I get a gun permit
James L. Arrasmith
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answered on Jun 10, 2024

If you have expunged your record, you may still be able to get a gun permit, but the process and requirements can vary depending on your location. First, check the specific laws in your state or country, as each jurisdiction has different rules about gun ownership and expunged records.... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Mississippi on
Q: Where can precise definitions be found regarding blocking a driveway in Mississippi?
James L. Arrasmith
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answered on Jun 3, 2024

To find precise definitions about blocking a driveway in Mississippi, you should start by looking at the Mississippi state laws and local ordinances. You can check the Mississippi Code Annotated, specifically the sections related to traffic regulations and parking. These laws often detail what... View More

1 Answer | Asked in Civil Rights for Mississippi on
Q: I need to know if I was unlawfully detained

Me and my girlfriend were fishing at the beach. Someone called cops saying we were messing with a boat about 100 yards away. Before we ever hit the shore one of the police officers as a bystander if we were on the boat he told the officer no we were not. We have a written statement from person who... View More

James L. Arrasmith
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answered on May 28, 2024

It sounds like your rights may have been violated during the incident at the beach. Being detained twice, patted down, and having your belongings searched without probable cause, especially after a witness confirmed you were not involved with the boat, raises concerns about unlawful detention and... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Mississippi on
Q: I live in a house owned by my mother. I've lived there for more than five years. She now wants me out. Do I have any rig
James L. Arrasmith
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answered on Apr 6, 2024

I understand this is a difficult situation. The rights you have as an occupant living in a home owned by your mother depend on a few factors. Here are some key considerations:

- In most jurisdictions, if there is no formal lease agreement, you would likely be considered a...
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1 Answer | Asked in Civil Rights for Mississippi on
Q: In Mississippi, is it legal for city or county officers to have a road block just to check driver's license?

It's not to check for insurance, tag, drinking, only driver's license. I thought Mississippi wasn't a stop and I.D. state.

James L. Arrasmith
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answered on Mar 20, 2024

In Mississippi, law enforcement officials have the authority to conduct roadblocks or safety checkpoints, including for the purpose of verifying driver's licenses. These checkpoints must adhere to certain legal guidelines to ensure they do not violate constitutional rights. The primary goal is... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Mississippi on
Q: My lessor has been entering my home without warning or notification. Is this legal?
James L. Arrasmith
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answered on Feb 24, 2024

No, it's not legal for your lessor to enter your home without warning or notification. As a tenant, you have the right to privacy and peaceful enjoyment of your rented space. Landlords are typically required to provide reasonable notice before entering your home, except in cases of emergency.... View More

1 Answer | Asked in Gaming, Civil Rights and Entertainment / Sports for Mississippi on
Q: CAN I SUE A CASINO FOR MENTAL ABUSE, BRAINWASHING, MIND CONTROL, FOR PAIN AND SUFFERING FROM LOSING EVERYTHING I OWN?
James L. Arrasmith
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answered on Feb 24, 2024

While it may be emotionally distressing to lose everything you own at a casino, suing the casino for mental abuse, brainwashing, or mind control for pain and suffering is unlikely to be successful. Casinos operate within the bounds of the law and provide warnings about the risks of gambling.... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Mississippi on
Q: What happens after protective ordrs are over.. Do you have full parental rights back
James L. Arrasmith
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answered on Feb 24, 2024

After a protective order expires, whether you regain full parental rights depends on the specific circumstances and conditions of the order. In some cases, the expiration of a protective order may automatically restore your parental rights to their previous status. However, if there were underlying... View More

1 Answer | Asked in Civil Rights for Mississippi on
Q: Is it legal for CPS in MS to reveal the results and levels of drug screen without that persons consent or them present
James L. Arrasmith
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answered on Feb 23, 2024

In Mississippi, CPS (Child Protective Services) typically operates under strict confidentiality laws to protect the privacy of individuals involved in their investigations. Revealing the results and levels of a drug screen without the person's consent or presence may potentially violate these... View More

1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Mississippi on
Q: Statute of limitations for aggravated assault by an authority figure

In 2016 I was in Corinth Mississippi walking to the store at approximately 7 in the morning. As I was walking a police car with his lights on pulled up in the turning lane and instructed me to come out to his vehicle. When I approached the car the officer got out of the car and asked me for my ID I... View More

James L. Arrasmith
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answered on Jan 21, 2024

Hi! Happy Sunday. Based on the facts provided, it seems the incident in question occurred in 2016 in Corinth, Mississippi.

The statute of limitations for aggravated assault in Mississippi is 2 years (Miss. Code Ann. § 99-1-5). However, the statute of limitations may be longer or not apply...
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1 Answer | Asked in Civil Rights, Land Use & Zoning and Real Estate Law for Mississippi on
Q: My father owned 160 acres of land in Mississippi. I have the deed. Racial discrimination ran us off of it. Wht can I do?

My uncle was shot and killed, and they tried to kill my dad and my brothers. So we had to pack up everything and leave. Our neighbors just didn’t want black neighbors at the time. This was around 1950 ,but I still have the deed.

James L. Arrasmith
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answered on Jan 10, 2024

Your situation is deeply troubling and highlights a painful part of history. Holding the deed to the land is significant, as it establishes a legal claim. First, you should confirm the current status of the property. This can be done by checking the latest property records in the county where the... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Mississippi on
Q: If police search your car and cause damage to it are they free of responsibility for the damages?

The police pulled my car stereo out of the dash and broke the frame that holds it in. Even though the search was clean they said they are not financially responsible for the damages.

James L. Arrasmith
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answered on Dec 5, 2023

When police conduct a search of a vehicle and cause damage, they are not necessarily free from financial responsibility for the damages caused. The specific circumstances of the search, including its legality and the manner in which it was conducted, are key factors in determining liability for any... View More

1 Answer | Asked in Civil Rights and Criminal Law for Mississippi on
Q: Can you be guilty of voyeurism on your own property?
James L. Arrasmith
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answered on Dec 2, 2023

Yes, you can be guilty of voyeurism even on your own property. The key factor in voyeurism charges is not the location, but the act of observing or recording someone without their consent in a situation where they have a reasonable expectation of privacy.

This means that if you engage in...
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1 Answer | Asked in Civil Litigation and Civil Rights for Mississippi on
Q: Could I have a case of racial profiling? I was publicly searched and held by police at a store for shoplifting.

I am a black female. I was wearing a hoodie and sweat pants. Seemed like I was being watched as soon as I entered the store. Before leaving the store two officers approached me and told me to hand over my purse in front of the entire store. The officer also lifted my hoodie. After being searched... View More

T. Augustus Claus
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answered on Nov 16, 2023

In your case, it is certainly possible that you were racially profiled. The fact that you were a black female wearing a hoodie and sweatpants and that you were being watched as soon as you entered the store suggests that your race and clothing may have played a role in the officers' decision... View More

1 Answer | Asked in Civil Rights and Education Law for Mississippi on
Q: Is it legal for teachers to lead prayer before lunch everyday?

Teachers at our sons public school lead prayer everyday before lunch and maybe more but that’s all I know about at the moment. We are not affiliated with that religion so we do not want our son being unwillfully subjected to this. While we respect the religion we don’t condone him being put in... View More

James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the Constitution's First Amendment, which includes the Establishment Clause, generally prohibits public school teachers, who are government employees, from leading prayers in public schools. The U.S. Supreme Court has consistently held that public schools cannot sponsor... View More

1 Answer | Asked in Employment Law and Civil Rights for Mississippi on
Q: How to go about suing a company for American Vunerable Abuse Act in State of Mississippi ?

My son is Autistic but highly functional, he does have certain things that he cannot learn certain things like how to drive and his right hand from his left, count money, and he is also ADHD, his employer knew this when they hired him, he worked for 2 weeks without pay, or the required background... View More

Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2023

I hate seeing this. Based on the facts as you've presented, your son may have a claim for discrimination and constructive termination; however, it is going to depend on some more facts, as those types of cases are very fact intensive. Your best bet is going to be to reach out to a lawyer to... View More

1 Answer | Asked in Workers' Compensation and Civil Rights for Mississippi on
Q: If I'm asked to take a urine drug test for workers comp, is the person conducting the test allowed to watch me as I pee,

I'm a male candidate and was recently injured at work and considering applying for workers comp in the state of Mississippi.

Andrew Charles Burrell
Andrew Charles Burrell
answered on May 16, 2023

Typically, you should be allowed to provide the test in private, but there are a number of places that are requiring the person collecting the sample be in the room when it is collected so as to rule out any other issues.

At this point, you need to consult with an attorney to discuss your...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Mississippi on
Q: Hey,I was charged with hindering prosecution- first degree. How serious could this be?

Involved in an accident w/ 3 friends. One of them died in the accident. I blamed myself and said I was driving to protect the sister who was the one driving. We didn’t know the sister was going to die. I didn’t know things were going to get so serious. And first I was charged with manslaughter... View More

Arthur Calderon
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Arthur Calderon
answered on Mar 6, 2023

It really depends on the situation; however, hindering in the first degree is still considered a serious offense. I would highly encourage you to reach out to an experienced criminal defense lawyer, so that they can learn more about the facts and circumstances, and develop a plan of action to... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: What law gives law enforcement the right to enter onto ones property/land w/out a warrant, and without probable cause?

Also, there was nothing in Plain view, and there were no exigent circumstances.

Arthur Calderon
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Arthur Calderon
answered on Feb 4, 2023

It really depends on the circumstances. Typically, law enforcement can enter one's property without a warrant if, like you said, there were exigent circumstances or in pursuit of someone who the officer was notified was engaged in wrongdoing.

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