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Missouri Civil Rights Questions & Answers
Q: What legal actions can I take for defamation and harassment?
I am an armed security guard in Missouri and am facing character defamation and harassment. A person falsely accused me of threatening her and pulling my gun, which was proven untrue. Despite this, she has attempted to make me lose my insurance and called my employer to try to get me fired. After... View More 
Ronald J. Eisenberg
answered on Nov 8, 2025
answered on Nov 8, 2025
You may pay an attorney to write a stern letter to the false accuser. Defamation cases in Missouri are difficult and expensive. It does not sound like you have been financially harmed by the false allegations, just aggravated. Therefore, it probably doesn't make sense to pay an attorney... View More
Q: Were my civil rights violated in these DWI arrests?
I am dealing with two DWIs and believe my civil rights might have been violated. After my husband's death, I handled things poorly, resulting in a DWI where I was told my language during the incident worsened my situation; I was sentenced to 10 days in jail, fines, etc., which is harsher than... View More
Christopher Adkins
answered on Oct 20, 2025
answered on Oct 20, 2025
In Missouri, police can arrest someone for DWI if they have evidence the person was driving or in actual physical control of a vehicle while intoxicated — even if the person isn’t inside the car at the time of arrest. That means the second DWI could still be valid if the officer had reason to... View More
Q: Were my civil rights violated in these DWI arrests?
I am dealing with two DWIs and believe my civil rights might have been violated. After my husband's death, I handled things poorly, resulting in a DWI where I was told my language during the incident worsened my situation; I was sentenced to 10 days in jail, fines, etc., which is harsher than... View More
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Adam Bryson
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answered on Oct 21, 2025
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answered on Oct 21, 2025
The second DUI sounds like a good case for a jury trial. I personally love the "prove I was driving" beyond a reasonable doubt cases and have had good success with them. Having said that, you are unlikely to get a dismissal prior to the trial. The only way to prevent a conviction for the... View More
Q: Can a government contractor require shoe removal and pat-down in a drug test?
I was subjected to a drug test by a government contractor following a safety violation. During the test, I was unexpectedly asked to remove my shoes and was patted down. I had not been informed of any specific procedures that would involve such searches, and I felt the search was inappropriate. Is... View More
Robert Grant Pennell
answered on Jun 18, 2025
answered on Jun 18, 2025
Some people try to beat a drug test by using someone else’s urine, and will even go so far as to use something in their pants to make it appear they are urinating into the specimen cup. It may be necessary to pat you down to ensure you are not utilizing such methods to avoid a positive result.... View More
Q: Can I file for workplace discrimination after being assaulted by a resident and receiving no action from my employer?
I work at an independent living community and was assaulted and called derogatory names by a resident on May 21, 2025. I reported the incident to my employer, but no action or solution has been provided despite a follow-up. I have documentation, a witness, and a police report regarding the... View More
Ronald J. Eisenberg
answered on Jun 2, 2025
answered on Jun 2, 2025
I’m sorry that you were assaulted at work. What you describe is not unlawful discrimination, however. Per the EEOC’s website, “ If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, transgender status, and sexual... View More
2 Answers
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Civil Litigation, Arbitration / Mediation Law, Civil Rights, Domestic Violence and Personal Injury
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Q: Civil remedy for willful blindness in Missouri regarding property access and family disputes.
I have filed a civil claim for damages against a homeowner and a handyman due to an assault and battery incident. I believe the homeowner is willfully blind in recruiting the handyman known to be violent. Furthermore, the homeowner's management group continues to allow self-dealing agents,... View More
Ronald J. Eisenberg
answered on May 18, 2025
answered on May 18, 2025
Willful blindness is not a cognizable cause of action in Missouri. I suggest you visit a law library and look at the verdict directors for assault and battery. Also educate yourself on respondeat superior. The verdict directors will show the elements that you must plead to state a claim.... View More
Q: City notice on lawn mowing for disabled Veteran and possible ADA violation.
I'm a disabled Veteran with a 90% disability rating and have a Veterans card. Due to my injuries and the heavy rain, I could not mow my lawn. The city sent an informational notice, stating that if I don't mow by the designated date, they will hire someone to do it at my expense. They also... View More
Robert Grant Pennell
answered on Apr 28, 2025
answered on Apr 28, 2025
Let me first thank you for your service. I’m sorry that you have considerable disability.
Unfortunately, I don’t believe you have any legal basis for contesting the matter. Being disabled doesn’t make exempt from city ordinances regarding lawn maintenance. As for the due process... View More
Q: Can you get into legal trouble for viewing leaked OnlyFans content?
I viewed leaked OnlyFans content on a public forum without interacting or downloading it. The content was shared without the creator’s consent. Can I get into legal trouble for just viewing this content, even though there were no legal warnings on the forum and I haven’t been contacted by any... View More
Jeremy Malcolm
answered on Apr 6, 2025
answered on Apr 6, 2025
No, there is no legal liability on you for viewing leaked OnlyFans content. The only exception would be if the model was underage, but since OnlyFans checks IDs of its performers, this is unlikely. The legal liability that exists here would be on the person who uploaded the content, not on those... View More
Q: Seeking legal advice on filing retaliation, ADA discrimination, and constructive dismissal claims.
I filed a formal complaint against my supervisor for preferential treatment last year, which resulted in immediate retaliation, including disciplinary action, attempts to covertly replace me, exclusion from key team functions, and a harmful return-to-office policy. This affected my mental health,... View More
Robert Grant Pennell
answered on Mar 16, 2025
answered on Mar 16, 2025
You haven’t actually asked a question, but I will attempt to provide some general information regarding discrimination claims.
You indicate you filed a complaint against your boss for preferential treatment. That is just another way of saying discrimination, so what was the basis for the... View More
Q: Is it legal for my supervisor to request a search without evidence and treat me differently based on gender?
In my workplace, a coworker reported missing money from her purse. Both I, a male employee, and a female coworker were questioned by our supervisor. In the hallway outside residents' rooms, and in the presence of the female coworker, I was publicly asked to turn out my pockets and open my... View More
Robert Grant Pennell
answered on Feb 21, 2025
answered on Feb 21, 2025
As an at-will employee, you can be discharged at any time and for any reason or no reason at all. While asking you to turn out your pockets in front of others may have been somewhat harsh, it is not illegal. The employer was simply trying to get to the bottom of the situation, and you, as the most... View More
1 Answer
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Criminal Law, Federal Crimes, Civil Rights and Constitutional Law
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Missouri
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Q: Federal indictment and cancer
What can a person do that's been arrested on a federal indictment but had already been diagnosed with cancer and started radiation treatments. They have denied bond so the person is currently being held in jail and is not able to continue with the radiation treatments. There has to be... View More
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James L. Arrasmith
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answered on Jul 21, 2024
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answered on Jul 21, 2024
If you or a loved one is in this situation, immediate action is essential. Contact your lawyer right away and explain the medical urgency. They can file a motion for a bond reconsideration or for temporary release on medical grounds. It's crucial to gather all medical records and a letter from... View More
Q: If someone has been publicly harrassed, stalked, been kept @ home using threats. Much more. The police will not help.
I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More
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James L. Arrasmith
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answered on Jul 20, 2024
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answered on Jul 20, 2024
Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More
Q: I co-own a house in Missouri. Are there any procedures for kicking out a 3rd party not on the deed or a lease/contract
The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?
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James L. Arrasmith
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answered on Jun 21, 2024
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answered on Jun 21, 2024
Here's a general overview of the situation:
1. Establishing tenancy:
In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the... View More
Q: Can a felon (dui) own a modern muzzleloader in Missouri?
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James L. Arrasmith
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answered on May 24, 2024
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answered on May 24, 2024
In Missouri, owning a modern muzzleloader can be complicated for someone with a felony DUI conviction. Generally, federal law prohibits felons from owning firearms, and this includes modern muzzleloaders that use inline ignition systems, as they are considered firearms under federal law.... View More
Q: Hello,
What would be my next step if police used excessive force to enter my home with out knocking and announcing. ?
The warrent IS NOT a no knock warrent.
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James L. Arrasmith
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answered on May 24, 2024
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answered on May 24, 2024
If the police used excessive force to enter your home without knocking and announcing, and the warrant was not a no-knock warrant, you have several steps you can take to address this violation of your rights. First, document everything that happened, including the date, time, and details of the... View More
Q: How long dose the senior facility have to provide a statement to the department of senior services in Mo for EDL listing
This happened in 2022 and it’s now 2024. And now my name is coming up to the state to be put on EDL LIST. I just got letter in . The mail. To file an appeal. To challenge the allegations. It’s been way over a year. And the company got bought out. Can they do this
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James L. Arrasmith
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answered on May 11, 2024
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answered on May 11, 2024
Based on Missouri's regulations for the Employee Disqualification List (EDL), the time frame for a senior facility to provide a statement to the Department of Health and Senior Services (DHSS) is as follows:
1. The facility must provide a written statement to the DHSS within 30 days of... View More
1 Answer
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Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
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Missouri
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Q: has anyone used the agreement of liberty privacy & levying war against the united states in a drug charge court case &
if so which one & mainly would like to read one of liberty & how do i find my past questions on this site
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James L. Arrasmith
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answered on May 1, 2024
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answered on May 1, 2024
It sounds like you're inquiring about a very specific use of legal terms in relation to drug charges. The "agreement of liberty privacy & levying war against the United States" isn't a recognized legal term or standard charge in U.S. law. If you're referring to concepts... View More
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Criminal Law, Civil Litigation, Civil Rights and Constitutional Law
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Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?
The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.
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James L. Arrasmith
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answered on Apr 11, 2024
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answered on Apr 11, 2024
I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:
1. Setting aside a conviction is different from having it expunged or... View More
Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?
Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More
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James L. Arrasmith
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answered on Mar 21, 2024
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answered on Mar 21, 2024
In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More
Q: Brendlin vs California
In the context that I am reading regarding police detainment for a traffic stop. Does that context apply to a commerical vehicle in which someone in a passenger seat or bunk of a commerical vehicle is detained when the basis of the stop wasn't because of an observed violation but merely a... View More
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James L. Arrasmith
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answered on Mar 21, 2024
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answered on Mar 21, 2024
In Brendlin v. California, the Supreme Court held that passengers in a vehicle are seized just like drivers during a traffic stop, meaning they are entitled to challenge the legality of the stop. This principle applies regardless of the vehicle's nature, be it personal or commercial. So, if... View More
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