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Missouri Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Construction Law for Missouri on
Q: can a cop forcefully make an arrest without ever obtaining my identity

i brokedown and received promission to leave suv there for couple hours and started to walk and then a vernon county deputy turned around and quickly got out the squad car and started to run up on me with taser drawn and forcefully put handcuffs on me told me i was in possession of stolen plates... Read more »

Gary Kollin
Gary Kollin answered on Sep 6, 2019

So if a police officer sees you next to a person, drives by, hears a gunshot, looks in rear view mirror, sees the guy on the ground. Cop turns car around, drives back, sees guy wounded and a gun next to him, the officer cannot arrest you because he first did not identify you?

2 Answers | Asked in Civil Rights and Real Estate Law for Missouri on
Q: My nephew lives with my mother in a house I purchased. He pays for nothing. What will it take to get him out?

My mother pays for insurance and taxes only. There is no rental agreement for my mother or my nephew. My nephew receives mail at the house, is there some implied agreement? Mom health is failing, what will it take to get him out if he refuses to go when the time comes?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 27, 2019

This situation may be more involved than you would think. There are legal procedures in place to evict tenants, but it can be more difficult to evict squatters. You may want to get your nephew paying some nominal amount now, so he can be considered a tenant when the time comes. You should consult... Read more »

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1 Answer | Asked in Real Estate Law, Civil Rights, Health Care Law and Landlord - Tenant for Missouri on
Q: Floors have holes and mold everywhere and bugs landlord won't fix and taken us to court over rent we have 5 kids

Big hole in kitchen where my 23month old twins fell in to floor

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 12, 2019

You didn't ask a question, but if you want to know what to do, the answer is to meet with an attorney knowledgeable with landlord tenant law. Most importantly, don't ignore the suit or a default judgment will likely be taken against you.

1 Answer | Asked in Civil Litigation, Criminal Law, Animal / Dog Law and Civil Rights for Missouri on
Q: Can an officer give you a ticket 2 weeks after the fact when he didn't address the issue the day of?

2 weeks ago my aunt called me and told me that the cop was at her house saying my dog and some other dog were wondering town and apparently bit another dog. I told my aunt there is no way it was my dog. I then asked to talk to the officer and he told me that someone needed to come get my dog... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 5, 2019

Yes.

1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: My name is on nothing at this house and I'll give permission for the police to search it . They find and take clothing

They said that someone seen me breaking in something but they didn't use that video they used a video from the gas station show my clothes from that video that was wearing in that video are they allowed to do that without a warrant and without me telling they can take them

Gary Kollin
Gary Kollin answered on Jun 1, 2019

Your question makes no sense. Parse it. It is a singke run-on. Write single sentences beginning with a caoutal letter and ending with a punctuation mark.

1 Answer | Asked in Child Custody, Family Law and Civil Rights for Missouri on
Q: Q: is it legal to make children buy there food at home like sugar for oatmeal or a cookie

Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... Read more »

Lydia Seifner
Lydia Seifner answered on May 24, 2019

I would encourage you to contact social services about whomever this is and hotline the situation.

1 Answer | Asked in Legal Malpractice, Criminal Law and Civil Rights for Missouri on
Q: About how long does the state have to complete the entire court process legally?

Been Waiting 6 months for the prosecution to provide the test results proving possession of an illegal substance. Still no word and waiting 6 months for new judge to replace the old one

Andrea Rogers
Andrea Rogers answered on May 1, 2019

The Prosecutor has up to 1 year from the date of the incident to file charges, if it's a misdemeanor such as marijuana possession. It can take several months to receive the lab test results confirming the identification of the illegal substance.

1 Answer | Asked in Libel & Slander, Family Law and Civil Rights for Missouri on
Q: Whether I should do a cease and desist order first or Sue for Defamation Of Character

I had two ex friends get a restraining order against me in May 2018 but, got dismissed in July 2018. Now, I come to find out from mutual friends that since August 2018 to now that they have been telling lies and rumors about me that are not true to other mutual friends and keeping others from... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 27, 2019

I'm not sure what you mean by a "cease and decist order." Unless you are a judge, you cannot issue a court order. Perhaps you meant to ask whether you should send a "letter" first. If so, that's usually a good idea.

Defamation cases in Missouri are generally not worth pursuing unless you...
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1 Answer | Asked in Civil Rights for Missouri on
Q: close friend who is suing for a death of a child and now is begin harresed by the local police and she cant get any help

neighbor keeps calling for stpid reasons that she is not doing and the local cops keep telling my friend it is her fault even though they have no proff that she has done any of the things the neighbor clams she has what can she do have talked to lawyers here and they wont even talk to her just say... Read more »

Gary Kollin
Gary Kollin answered on Apr 27, 2019

If she is suing, she has a lawyer. Dhe shoukd discuss this with her lawyer

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Legal Malpractice for Missouri on
Q: can an extended stay hotel refuse to continue to rent due to rumors?

I was put on an extended stay hotel DNR list due to rumors and nothing else. I rented the room for a week and did put another guest on my room she is an adult, I have no control over her. I did nothing wrong never had the police there, did not bother anyone. I was always in my room. Was told that... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 26, 2019

A hotel may not discriminate against you on account of race, religion, national origin, etc., but may discriminate against you on account of merely not liking you or mistakenly believing you are selling drugs.

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Q: what kind of lawyer would I need to look for? My exboyfriend was involved in a case where he had the police call on him.

he was attacked by the k9 dogs the dogs were told to heel but they kept attacking. He is wanting to file case against them but will need a pro bono attorney

Joseph Harvath
Joseph Harvath answered on Jan 14, 2019

You would want to talk to a Civil Rights Attorney about filing a lawsuit. And a criminal defense attorney if he was charged with a crime or given a summons for court

1 Answer | Asked in Civil Litigation, Civil Rights, Real Estate Law and Landlord - Tenant for Missouri on
Q: If my public housing doesn't follow HUD federal posting procedures for eviction does that nullify the action?

I live in a public housing authority with subsidized income based units in a high rise. The housing authority has attempted to evict me by posting a notice, but it lacks telling me what I did (no detail enough to mount a sufficient defense), and they failed to send it with certified mail. Does the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2018

Please identify the regulation.

1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: Constitution says the only legal tender is gold and silver to pay off debt but Banking Act of 33 took gold, so what now?

It's probably unorthodox to ask bc I'm not seeking legal advice but I have a paper due this week and our History teacher wants us to write our meaning of Thanksgiving Day so I dug into our founding fathers, read the constitution, and saw that (My question in forum) Ive always wanted to become an... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 13, 2018

Here's something to ponder. In Missouri, if you owe someone 15 bucks, the person doesn't need to accept payment via a bag of nickels.

408.010. The silver coins of the United States are hereby declared a legal tender, at their par value, fixed by the laws of the United States, and shall...
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1 Answer | Asked in Car Accidents and Civil Rights for Missouri on
Q: I need someone’s help can someone call me please?

I got into a car accident yesterday and they are telling me it’s my fault that I opened my door to get out when I looked back the lady wasn’t even close to my door I opened my door almost out of my car and had to jump back into my car because she ended up taking my door with her car basically... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 8, 2018

A lot depends on where you were etc. If you had time to get out it's on her--she would see door open, feet on the ground., even before you stand up. If you were in the car and swung the door open--that's different.

See if there is a business at the point where you parked that might have a...
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1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Products Liability for Missouri on
Q: Do I have the right to represent my self in a civil suit .

Just to start before I get a lawyer I want to represent myself and get treated as an attorney, which I will and act upon. I want to obtain records and video from a hospital, a state counseling organization, and a state probation and parole center, this includes all records and vvideo I am involved... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 3, 2018

You have the right to represent yourself, but unless you comply with the local court rules, rules of civil procedure, and relevant statutes, you will quickly find the experience to be a frustrating one. It might cost you more in the long run not to have hired a good attorney at the outset.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Missouri on
Q: Are there any Lawyers interested in a case that just has to be presented? Two years researched. ProBono. Mid Missouri

This case would go to the Supreme Court. It is newsworthy. Civil rights violations. Statues ignored. Policies and procedures not followed. False documents presented to the court. This needs to be brought to the media's attention. Background in Family Law would be a plus. It is a very long twisted... Read more »

Gary Kollin
Gary Kollin answered on Jun 25, 2018

There are approximately 80 cases a year which are argued in the Supreme Court. About another 100 cases are resolved without argument.

There are about 7,000 to 8,000 cases a year filed with the Supreme Court. The likelihood of getting a case to the Supreme Court is about 1%.

I...
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1 Answer | Asked in Sexual Harassment, Personal Injury and Civil Rights for Missouri on
Q: When I was incarcerated in my county jail in 2016 I was sexually harassed and groped by a jailer. Can I sue still?

I had formally complained about the officer and was made fun of and ignored by the jail administrator. When I was sentenced on my case I told the judge also. They continued to employ him another year then two girls came forward to say he was doing it to them too. They fired him and brought... Read more »

Gary Kollin
Gary Kollin answered on Jun 1, 2018

You can try.

An issue may be that the intentional criminal act may be outside the scope of employment and therefore sovereign immunity is not waived.

However, there may be a claim of failure to train and supervise under state torts and federal civil rights

Contact a lawyer...
Read more »

2 Answers | Asked in Personal Injury and Civil Rights for Missouri on
Q: Can I be compensated for being false imprisoned by my county for 13 days because they messed up on paperwork?

I went to prison after surrendering my probation for DWS which had a 4 yr. Back up and a misd DUI which had a 6 month county back up. Prior to going to prison I had 314 days in on these charges. After surrendering my probation I went to DOC and two days prior to being released the DOC told me my... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 20, 2018

Sorry that happened to you. Meet with a local civil rights attorney. There’s no way to give you a meaningful answer based on such a short question.

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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Probate and Landlord - Tenant for Missouri on
Q: My mom died and my son and i lived w her for 10 yrs. My dad said today I have 3 hrs to get out, can he do that
Lydia Seifner
Lydia Seifner answered on May 16, 2018

If your dad co-owned the property or is the executor of her estate; then yes, he can. However, if you were paying rent, or had a rental agreement, then he needs to give you 30 days notice.

1 Answer | Asked in Civil Litigation, Civil Rights and Collections for Missouri on
Q: I'm being sued by someone I sold a truck to for not providing engine paper work.... I already offered a full refund

And he declined and still sued me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 8, 2018

Make sure you show up to defend the case. Confer with a attorney. I don’t know the cause of action over which you are being sued. If it’s the Merchandising Practices Act the court has discretion to award reasonable attorneys’ fees to the prevailing party. Take this seriously.

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