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Missouri Civil Rights Questions & Answers
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... 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,...
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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...
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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... 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...
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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.

1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: I have a question regarding "tampering"...

I believe that an officer wrongfully charged me with tampering.

Andrea Rogers
Andrea Rogers answered on Feb 7, 2018

If you have been charged with a crime, you need to hire an experienced criminal defense attorney to represent you.

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Q: Can police search one house with two living areas with one warrant

I live in a two story house I live up stairs in a appartments to search my apparent when I am not there do they need a warrant with the up stairs location and my name on it

Andrew Mikos
Andrew Mikos answered on Jan 12, 2018

It would depend upon the specific language of the warrant. You need an experienced attorney to review the warrant, which are typically only available for review after they have been executed. You should not assume that if your roommates are involved in criminal activity that officers searching the... Read more »

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: Took a mortgage to build a house and sell for profit. The loaner has not paid me all of the loan. He is foreclosing me

My house is to be on foreclosure this following Tuesday. Can I sue him? He knows he still owes me 15,000 and that is required to finish the last steps of the house. He knows once I sell the house his debt will be paid. But he rather take my home and this house I built. Please help.

Kevin Webb
Kevin Webb answered on Nov 28, 2017

So, if you're in the middle of foreclosure proceedings, you definitely want to speak to an attorney. You normally wouldn't sue if you're already being sued. Instead, you would counterclaim. You'll want an attorney to guide you through this process.

1 Answer | Asked in Civil Rights, Personal Injury, Public Benefits and Social Security for Missouri on
Q: This is about a close friend who is on disability. Can you help?

A close friend got a letter stating they found a 7 year old mistake on his disability records and they are demanding he repay back around $100,000 in 30 days. Does he have a legitimate case?

Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2017

If the letter is from CMS then it should have a notice about a right to assert a waiver of overpayment. Your friend needs to contact the local Legal Services office.

1 Answer | Asked in Wrongful Death, Criminal Law and Civil Rights for Missouri on
Q: Father was murdered while in custody in Missouri prison can they be sued for negligence and harassment from the guards?

he was housed with an inmate he should not have been rehoused with due to them having a physical altercation so he was again placed with this inmate in segregation in same cell and his cell mate was a 21 yr. old lifer. Another he should've been in protective custody due to his conviction along... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 23, 2017

Contact the Missouri Civil Liberties Union, ask for the names of "cooperating attorneys" for prison cases. They'll give you a free consult.

1 Answer | Asked in Civil Rights, Family Law and Juvenile Law for Missouri on
Q: Is what my mum says disowning?And if so, is it legal to leave the house after being disowned?

I am a trans guy transitioning from male to female. Recently I came out to my mum who says she'll never accept me. Is that technically disowning and if so, is it legal to leave the house after being disowned?

Kristen Thurmond
Kristen Thurmond answered on Apr 28, 2017

Disowning a child and abandoning a child are legally different. If she stops providing you food or kicks you out of your home, etc., then you need to call local child protection services or the police. You can even tell a teacher or someone else your close with that you need help. Talk with your... Read more »

1 Answer | Asked in Civil Rights and Wrongful Death for Missouri on
Q: pretty basic...wife has a cousin, her stepson died in police custody..might have case might not,

son's mother, step father, my wife's cousin and her husband, ( the boy's father) are planning to bring suit, but the boy has a 17 year old daughter, will be 18 in less than 2 months, she was VERY much in his life, but they are not telling her about the suit...can they ace her out... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2016

Daughter may have rights, can ask to be co admionistratrix. If feeling frozen out can seek an attorney who is a member of the Mo. Trial Lawyers Assn.--they give free consultations.

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Q: Jasper County Missouri...What to do if an inmate is refused prescribed medication for blood pressure?
Marshall Jason Ray
Marshall Jason Ray answered on Apr 28, 2016

Inmates are supposed to be permitted to follow an administrative grievance process in situations such as this one to redress the situation. If the facility in which the inmate is confined has such a grievance process, failure to follow it usually means that the inmate may not bring a lawsuit to... Read more »

1 Answer | Asked in Civil Rights for Missouri on
Q: estimated settlement

my lawsuit against a highway patrol with concrete evidence i was violated and wrongfully jailed what to expect settlement

Adam Studnicki
Adam Studnicki answered on Jul 21, 2015

Best to ask your lawyer. He or she knows more about your case than anyone here.

1 Answer | Asked in Civil Rights for Missouri on
Q: How is it that someonecan sue for civil rights when the other party was found NOT GUILTY in a criminal trial?
Kenneth J. Geniuk
Kenneth J. Geniuk answered on Mar 14, 2011

It has to do with the burden of proof. In a criminal trial, the prosecutor must prove guilt "beyond a reasonable doubt" which is the highest burden of proof in any court case. So when someone is found "not guilty" in a criminal proceeding, it does not mean that the defendant was... Read more »

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