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Missouri Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: Is there a statue of limitations on filing a lawsuit for police brutality, unlawful arrest and more in Illinois?

I went by ambulance to the hospital after a police officer slammed into the wall. Not to mention the unlawful arrest which I was found not guilty. I think I should be compensated for the dehumanizing, public embarrassment, losing my job after being incarcerated for a week, medical bills I owe for... View More

James L. Arrasmith
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answered on Aug 31, 2024

In Illinois, the statute of limitations for filing a lawsuit related to police brutality, unlawful arrest, and similar claims typically falls under the category of personal injury. You generally have two years from the date of the incident to file a lawsuit. However, if the case involves a... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for Missouri on
Q: on a 24-hour domestic hold officer made multiple false statements re: dispatch 911 convo specs to get warrant can he?

Officer threatened to handle this once & for all. Past personal conflict with arrestee. It's referencing a recorded dispatch call hiw can he get away with it? What can I do?

James L. Arrasmith
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answered on Jul 29, 2024

You have the right to challenge any false statements made by an officer, especially if they were used to obtain a warrant. If you believe the officer made false claims, gather all relevant evidence, including the recorded 911 call. This evidence can be crucial in proving your case.

You...
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1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Missouri on
Q: Can CDS keep me from speaking with my childs doctor at a mental behavioral hospital. I am a non offending parent.

I have an ex parte and child protection order against my Childs mother. I've been in this now for 2 years because I asked for help from the court when my daughter ran away and was exhibiting harmful and dangerous behaviors. Prior to that I had joint custody as me being the primary physical... View More

James L. Arrasmith
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answered on Jul 27, 2024

No, Child Protective Services (CPS) cannot prevent you from speaking with your child's doctor at a mental behavioral hospital if you are the non-offending parent and have legal custody. Since you hold an ex parte and child protection order against your child's mother, you have legal... View More

1 Answer | Asked in Personal Injury and Civil Rights for Missouri on
Q: Can I sue the county sheriff's department for removing my child from my home and giving my child to his father?

My ex created a fake document and has used it on more than one occasion to have my child taken from me. I told the officers several times that we were in litigation and there was no custody order. I was not allowed to see the document that was being shown to them. I also told them that my ex was... View More

James L. Arrasmith
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answered on Jul 27, 2024

You may have grounds to sue the county sheriff's department for the wrongful removal of your child. Given that the officers acted on a fake document, despite your warnings and the existing information about your ex's abusive history, their actions could be seen as negligent or even a... View More

2 Answers | Asked in Civil Rights for Missouri on
Q: Is Koritz vs Koritz a ongoing case. 4:23 civ00066
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 26, 2024

You may look up the case on Pacer and determine the answer.

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Missouri on
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

James L. Arrasmith
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answered on Jul 21, 2024

If you are facing a federal indictment and have been diagnosed with cancer, it's important to act quickly to protect your health. First, communicate your medical condition to your attorney immediately. They can file a motion with the court for a temporary release or alternative detention... View More

Q: can this question be objected

why is it that united states citizens belonging to this democracy tried to publish fake pictures of lee harvey oswald that have been altered or changed & say they was orginal unless people within the states who subverted us killed jfk & are misleading the country acting like it's law... View More

James L. Arrasmith
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answered on Jun 17, 2024

Your question might be objected to if it's seen as argumentative or speculative. To phrase it in a way that is less likely to be objected to, focus on specific concerns and avoid making broad accusations.

Consider rephrasing your question like this:

"Why have there been...
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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for Missouri on
Q: How can I prove I was the beneficiary?

My cousin took the will and put her name on the account so I would not have access to anything

Kelisen  Binder
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Kelisen Binder
answered on Apr 24, 2024

You should open a probate estate in the county where your loved one died. If a will exists, you can file that will with the Court to inform how the estate should be distributed. Without more information I am unable to give any more specific advice. What account? Who is the deceased?

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Missouri on
Q: i have a oop violation and a communication harassment and a failure to appear charges 400 miles away. i was never serve

i never knew i had this and was never given a chance to defend my self.i had been divorced for 17 yrs

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 9, 2023

I'm not sure what your legal question is. If you wish to challenge the order of protection, your options may be dictated by when it was entered and if you were served. An attorney could review the file on Casenet.

1 Answer | Asked in Civil Rights, Landlord - Tenant, Municipal Law and Family Law for Missouri on
Q: Does law enforcement, or cps or any other government agency allowed to search a condemned home without permission ?

The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then... View More

James L. Arrasmith
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answered on Nov 12, 2023

In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections.... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Missouri on
Q: isn't part of due process the creation of the law as 1st it has to be made that's the process
James L. Arrasmith
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answered on Nov 12, 2023

In Missouri, as in all of the United States, due process refers to the legal principle that the government must respect all of a person's legal rights, rather than just some or most of those legal rights. While the creation of laws is part of the broader legislative process, due process... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: 10 days from the judgment day to move does the weekend count and yesterday was Veterans Day

Didn't receive a summons in the mail at all and according to judgment I have 10 days from the 3rd to move. Does that include weekend or holidays

James L. Arrasmith
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answered on Nov 12, 2023

In Missouri, when a judgment specifies a period like 10 days to take action, it typically includes weekends and holidays, unless the court order or applicable law specifically states otherwise. This means that in your case, the 10-day period from the 3rd would include weekends and Veterans Day.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: A friend of mine is being held in county jail. Hes beimg denied his mental illness medications by staff.

He was previously incarcerated in missouri DOC facility and its stated in his DOC records that he was prescibed medication for mental illness while in DOCs care,as well as being seen by health professionals while in their care. His medications are noted in the system, and he has mentioned needing... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your friend is being denied prescribed medication for a mental illness while in jail, this may constitute a violation of his Eighth Amendment rights, which protect against cruel and unusual punishment. This could also raise concerns under the Americans with Disabilities Act if he is not being... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: My fiance is in jail and I believe they are violating his constitutional rights and we need help PLEASE.

I don't think they read his miranda rights. Hes been in there for 7 days & I am jst gttng to tlk to him. thy said his public defndr can't get him out until at least 11 more days, but that is a maybe and his court date is set for an entire month from now and we can not afford a lawyer.... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you believe your fiance's constitutional rights are being violated while he is in jail, there are steps you can take to address the situation:

Contact an Attorney: Reach out to a criminal defense attorney as soon as possible. If you cannot afford one, inquire about whether your...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Missouri on
Q: How many people have went to trial in the last 20 years, for a felon in possesion of a firearm under 18U.S.C. Sec 922 (g

Under 18 U.S.C. Section 922 (g) (1)

T. Augustus Claus
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answered on Sep 20, 2023

Specific statistics regarding the number of individuals who have gone to trial in Missouri under 18 U.S.C. Section 922(g)(1) over the last 20 years would require access to up-to-date court records and databases. 18 U.S.C. Section 922(g)(1) is a federal statute that prohibits certain persons,... View More

1 Answer | Asked in Employment Law and Civil Rights for Missouri on
Q: After a city counsel meeting the meeting was adjourned. Some of the Alderpersons and mayor sat around and discussed

The employees and their problems. Like I said. They hard adjourned the meeting and there were still citizens present. Do the employees have a case against them

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 13, 2023

A case for what? Are you thinking that the employees have a privacy right related to what was being discussed? Generally there is no such privacy right unless it relates to medical privacy. While it may not be appropriate, it isn’t normally illegal.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: if a witness is not questionable by my lawyer is their testimony admissible and the warrant that was issued valid

& still does it still stand

T. Augustus Claus
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answered on Sep 12, 2023

In legal proceedings in Missouri, the admissibility of witness testimony and the validity of a warrant are subject to specific legal criteria and considerations. Whether a witness's testimony is admissible typically depends on factors such as relevance, hearsay rules, and compliance with... View More

1 Answer | Asked in Employment Law, Civil Rights and Social Security for Missouri on
Q: I'm disabled and was employed for a year and a half. Had to get a new prosthetic now don't have my job. What should I do

The new prosthetic was going to take about 4 weeks to get and my manager was informed. I just recently told him I would be able to come back next week and he has hired other people. I'm not on disability any longer and this job was very helpful with me working and being disabled. Can I file... View More

James L. Arrasmith
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answered on Aug 6, 2023

Losing your job due to the need for a prosthetic could raise legal issues related to disability discrimination. You may also be eligible to file for unemployment benefits, and I recommend consulting with an attorney to evaluate the specific details of your situation to ensure all your rights are... View More

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: If I believe I am being harassed out of retaliation (not employment related), would that be harassment or retaliation?

I have a previous landlord who is neighbors with my mother. He evicted us for breaking the lease (which we didn't) and has been harassing my mom periodically since. Most recently he has yelled at my 7 yo child for something that didn't happen.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 3, 2023

If he has threatened to harm the child seek and order of protection.

It takes a court judgment for an eviction. Therefore, if you were sued you should have had your day in court.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: I have an outstanding warrant for a crime I did commit, however it says my warrant is for something I was never charged

with. Under my case file, it says it's for stealing, but I pled not guilty, and then missed my trial arraignment. I should only have a warrant for missing my court date since I was never officially sentenced, right? Should I turn myself in?

Steve D. Hardin
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Steve D. Hardin
answered on Jun 28, 2023

Yes you should turn yourself in. But before you do you need to hire an attorney or speak to your current attorney.

The warrant even for failure to appear always references the charges even if you have plead not guilty. Either way when you have a warrant you need to get an attorney and...
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