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New Jersey Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: The landlordmanager a d opposing case civil lawyer stole all my civil case documents before icoumd show it to the court

The documents were forgeries by the opposing lawyer to deceive and mislead .e false testimony fake court adjournment ,altered court orders

James L. Arrasmith
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answered on Jun 21, 2024

I understand this is a serious situation regarding your civil case documents. Here's a concise response with some general advice:

1. Report the theft to the police immediately.

2. Inform the court about the stolen documents and any suspected forgeries or alterations.

3....
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2 Answers | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Is it fair that negligence can be discrimination?

Discrimination in certain laws can be due to negligence but in those same laws also they define discrimination as “intentional”. If your negligent your not intentional. Obviously negligent discrimination is a damage to a person but I feel we are playing with to many words.

James L. Arrasmith
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answered on Jun 10, 2024

Negligence and discrimination are distinct concepts, yet they can intersect in certain legal contexts. Discrimination typically implies an intentional act, where someone is treated unfairly based on characteristics such as race, gender, or disability. Negligence, on the other hand, refers to a... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Is it fair that negligence can be discrimination?

Discrimination in certain laws can be due to negligence but in those same laws also they define discrimination as “intentional”. If your negligent your not intentional. Obviously negligent discrimination is a damage to a person but I feel we are playing with to many words.

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

A civil rights attorney could handle your question best, but you await a response for a week. The short answer is that discrimination in general doesn't necessarily require intent. For example, certain policies may have the effect of resulting in discrimination in a given setting. Depending on... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for New Jersey on
Q: In NJ, is it legal for hotel security to go through a guest luggage/baggage after being locked out?

AC,NJ hotel and casino guest luggage in room after guest was locked out of room for trying to extend stay and payment was declined. The guest was not allowed to get belongings out of room, instead security went to room, opened guest personal belongings and proceeded to go through their... View More

James L. Arrasmith
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answered on May 27, 2024

In New Jersey, hotel staff and security are generally not allowed to search a guest's personal belongings without consent, even if the guest has been locked out of their room due to non-payment or other issues. The hotel may have the right to remove and store the guest's belongings, but... View More

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Is it witness tampering if i file a civil suit and a contractor still comes to my apartment to cut grass?

Yes i filed a civil suit, and the contractor was still coming to my house the whole time to cut grass, while we had a court case going on. I thought that was witness tampering, but when i called the police, and told them we were fighting in court, they did nothing, and still allowed him to cut the... View More

James L. Arrasmith
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answered on May 24, 2024

Witness tampering involves attempting to influence, intimidate, or threaten a witness in connection with their testimony or participation in a legal proceeding. If the contractor was simply coming to your apartment to cut the grass as part of their regular duties, this alone does not constitute... View More

1 Answer | Asked in Wrongful Death and Civil Rights for New Jersey on
Q: How long does it take to receive settlement? How do I know if my lawyer was paid and I was not?

Had mediation in Jan and agreed to settlement. I have not heard from my lawyer since unless I reach out to them. I asked for feedback to where we stood with receiving payment since I had not signed one document. He then sent me documents to sign and still no feedback or payment. Seems odd that... View More

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

It's difficult to say what might be causing delays without see your file. But a common reason for delays in getting paid in a case is liens, usually medical liens. This could involve a medical office that wants to be reimbursed for services provided in the past without charging for them at the... View More

1 Answer | Asked in Civil Rights and Consumer Law for New Jersey on
Q: I’m trying to find an attorney to consult with regarding discrimination at chase bank?

They closed all my accounts and refuse to return funds due to a registered phone number.

Madeline Houston
Madeline Houston
answered on May 3, 2024

There are a number of federal and state consumer protection statutes that might apply to your situation depending on the specific facts. If indeed there is evidence that a bank improperly closed your accounts and withheld funds it had no right to these laws could provide you the ability to... View More

1 Answer | Asked in Civil Rights and Health Care Law for New Jersey on
Q: I live in a condo in the state of NJ. There is a pool whereas one must be a resident in good standing. However, there

are no smoking signs posted. the property manager is allowing smokimg in the entrance to the pool which is the common area. Please help. Children and the users are subjected to the second hand smoke.

James L. Arrasmith
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answered on Apr 10, 2024

I understand your concern about secondhand smoke exposure, especially for children, in the common area by the pool entrance. Here are a few steps you can take to address this issue:

1. Review your condo association's bylaws and rules: Check if there are any specific regulations...
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1 Answer | Asked in Civil Rights and Civil Litigation for New Jersey on
Q: Can I sue an nj hair salon for using my photos on the outside store banner without my consent? Is it a civil case?

I got my hair done at a salon and she asked to take my photos for her insta. Next thing I know my photo is used as her new store banner after she renovated. She never asked me or even offered compensation. Is this a civil matter or am I entitled to be compensated?

James L. Arrasmith
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answered on Apr 10, 2024

Yes, this could be a civil matter, and you may be entitled to compensation. The salon owner's use of your photos without your consent could potentially violate your right of publicity or constitute copyright infringement, depending on the specific circumstances.

1. Right of publicity:...
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1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Victim of illegal search in New Jersey.

Victim of illegal search in New Jersey:  Someone I know (I will call him "Victim") was illegally searched by cops.  There was no probable cause and no search warrant.  The backpack of Victim was locked.  The cops removed key from Victim's neck and used key to open backpack.  The... View More

James L. Arrasmith
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answered on Apr 7, 2024

If the Victim was my son, I would focus on building a strong legal defense to fight the charges and protect his constitutional rights. Here are some steps I would consider:

1. Hire an experienced criminal defense attorney who specializes in cases involving illegal searches and seizures....
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1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: 2A:18-57, who is the "person in possession" referring to, and what are they entitled to during the removal process?

I want to know if the claimant or officer of the court is required to assist in any form of repaying or assistance to the person(s) being removed from the property according to the Relocation Assistance Law?

James L. Arrasmith
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answered on Mar 26, 2024

Under New Jersey law, specifically 2A:18-57, the "person in possession" typically refers to the tenant or occupant currently residing in or holding possession of a property. During the removal process, this individual is typically the one being asked to leave the premises.

If the...
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1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New Jersey on
Q: My friends daughter is being bullied at Memorial Middle School by 5 student's.

Threatened to hurt her if she speaks up. Principal is aware of situation but stated, "things happen". If something occurred to this girl for negligence of school to take action can a lawsuit be filed?

James L. Arrasmith
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answered on Mar 23, 2024

If a student is being bullied and the school is aware but fails to take adequate action, there may be grounds for legal action. This is especially true if the negligence results in harm to the student. Schools have a responsibility to provide a safe environment for all students, and failure to... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: What kind of lawyer can I reach out to for Housing, NJ Section 8 Voucher problems?

I am having a problem with NJ Department of Community Affairs when it comes to my Section 8 HCV application, I was selected to be on the waitlist and I filled out the application completely and information in my waitlist portal changed from me beings on the list to not being of the list. Now, a DCA... View More

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answered on Mar 6, 2024

For issues related to the Section 8 Housing Choice Voucher (HCV) program in New Jersey, reaching out to a lawyer who focuses on housing or landlord-tenant law would be beneficial. These attorneys are knowledgeable about the rights and regulations governing housing assistance programs, including... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: What kind of lawyer can I reach out to for Housing, NJ Section 8 Voucher problems?

I am having a problem with NJ Department of Community Affairs when it comes to my Section 8 HCV application, I was selected to be on the waitlist and I filled out the application completely and information in my waitlist portal changed from me beings on the list to not being of the list. Now, a DCA... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

Landlord-Tenant/Housing Law attorneys would be a place to start. In addition to your own searches, there is a "Find a Lawyer" tab above. Local and state bar associations might have info in terms of attorney recommendations. Those resources fall outside this Q & A forum - any... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for New Jersey on
Q: Can I sue Planet Fitness for creating me a second membership and denying me to cancel one of them?

In 2019, I registered at a PF location in NY using my boyfriend’s card. Later in the same year, I transferred the membership to a NJ club. In 2021, I transferred it to another NJ location, asking to change the payment method to my own card. However, PF unexpectedly created a SECOND membership,... View More

James L. Arrasmith
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answered on Mar 6, 2024

If you're facing issues with Planet Fitness over an unwanted second membership and difficulty in canceling it, it's understandable to feel frustrated. Your situation, where charges are being applied to two memberships when only one was intended, especially after attempting to resolve the... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New Jersey on
Q: Way to sue roommate for causing me mental trauma and trying to discourage me to find a replacement

I have been dealing with a cunning roommate. Since last 1 year, he had been making noise and partying once or twice a week ruining my sleep. When i confronted him, he blamed me equally for keeping silent for so long. I couldn't really stay peacefully once I confronted him.

I decided... View More

James L. Arrasmith
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answered on Mar 5, 2024

Suing a roommate for mental trauma and actions that discouraged potential replacements for your tenancy can be complex and challenging. In legal terms, to pursue a lawsuit for emotional distress, you would need to demonstrate that the roommate's actions were intentional or reckless, caused you... View More

Q: Can Code Enforcement enter the backyard of my property?

I am a tenant in a rental house. Recently we have had a Code Enforcement Officer enter our backyard and issue us a warning for trash and debris on our property. We did not allow anyone to enter our backyard from the Borough nor did our Landlord permit them as his Agent and notify us. Is this... View More

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answered on Mar 4, 2024

The question of whether Code Enforcement can enter your backyard without permission largely depends on local laws and regulations. Typically, code enforcement officers are allowed to inspect properties for violations of local ordinances, which can include issues visible from public spaces. However,... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Municipal Law for New Jersey on
Q: I'm in need of a notice of tort claim against an officer (law enforcement) in NJ. Where do you obtain the right form?

Owed me a duty, broke into my locked room with body-worn cameras when I had no medical condition.

Just called dispatcher for noise complaint

James L. Arrasmith
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answered on Mar 2, 2024

In New Jersey, to file a notice of tort claim against a law enforcement officer, you will need to use a specific form that complies with the New Jersey Tort Claims Act. This form serves as a preliminary step to formally notify the relevant government entity of your intention to sue. The Notice of... View More

1 Answer | Asked in Civil Rights and Employment Law for New Jersey on
Q: I filed a discrimination claim against a company and they destroyed video evidence what can I do?

I was suspended after a coworker who was harassing me claimed I threatened him. During my suspension a manager who witnessed 5 employees sign witness statements told me over the phone that 3 of the witness statements corroborated my story while 2 corroborated the harasser's story. I was... View More

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answered on Feb 26, 2024

If you discover that video evidence relevant to your discrimination claim has been destroyed by the company, it's crucial to take immediate action. First, document any communication or evidence that suggests the company had the video and intentionally destroyed it. This includes any emails,... View More

Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

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answered on Feb 25, 2024

Yes, many of the actions you described, such as identity theft, financial abuse, and tax fraud, can be considered forms of white-collar crime. These crimes typically involve deceit, manipulation, and exploitation for financial gain, often perpetrated by individuals in positions of trust or... View More

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