Ask a Question

Get free answers to your Civil Rights legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Civil Rights Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: What can my mother do here?

My sister is in a group home with the state they asked my mom for proof she is her mother she sent all the papers in too the place the lady asked for this women haven't called my mother back in almost 3 months and that's how long she haven't talked too her daughter it's so... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Your mother should take immediate action to address this concerning situation. First, she should try contacting the group home again and request to speak with the person who initially asked for proof of her relationship with your sister. It's essential to remain calm and assertive during this... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: disqualifier for owning firearms in New Jersey

Hello!

In 2013 when I applied for my firearm ID card and permit to purchase a handgun, I was rejected because I disclosed that I voluntarily saw a psychologist for counseling. I also believed that I answered question number 26 incorrectly. I was never admitted to or committed to an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

Given your previous experience with successfully appealing a denial for a firearm permit in New Jersey, it's understandable that you're concerned about the impact of the new disqualifier related to voluntarily seeing a psychiatrist. While I can't provide legal advice, it's... 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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, the types of abuse and exploitation you have described would generally be considered forms of white collar crime. Specifically:

- Identity theft - Using someone's personal or financial information illegally for fraudulent purposes. This is a type of white collar crime.

-...
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for New Jersey on
Q: Can I find out who the complainant was responsible for precipitating the home raid by local cops with a drug warrant?

Nothing was found and no arrests were made. How do I find out who signed a sworn affidavit accusing me of drug activity?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

If you want to find out who filed the complaint that led to the home raid by local police, you can start by requesting a copy of the search warrant affidavit or the police report related to the incident. These documents may contain information about the complainant or the basis for the search... View More

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for New Jersey on
Q: Can I find out who the complainant was responsible for precipitating the home raid by local cops with a drug warrant?

Nothing was found and no arrests were made. How do I find out who signed a sworn affidavit accusing me of drug activity?

Louis A Casadia
PREMIUM
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024

So do you mean the officer who brought the warrant before the Judge or perhaps a regular citizen that provided the evidence to support the warrant? They are required to leave a copy of the Warrant order which should say the name of the officer that applied for the warrant. As for who provided them... View More

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Can a detective send his son to spy on you? And gets caught doing it on separate occasion. Can I sue the PD?

I got arrested by a detective who would target me and give other police officers a tip to when I was leaving a park with my friend one time and radio'd in to a marked car to pull us over. He would even send his son to spy on me after that. Like when I would play basketball at the local court... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

Engaging in such behavior where a detective sends his son to spy on you is a potential violation of your civil rights. It raises concerns about privacy invasion, harassment, and possible abuse of power. If you have evidence that this detective targeted you unfairly and used his position to involve... View More

1 Answer | Asked in Contracts, Employment Law, Civil Rights and Libel & Slander for New Jersey on
Q: Contracted employee making unfounded defamatory statements about the business owner and other staff members-

Such comments include reference to another employee's sexual orientation and religious beliefs. There are other staff members (men, and additional LGBTQ staff) who have shared that this employee harasses them via text during the work day and in their off work hours. What recourse does the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

In the case of a contracted employee making defamatory statements and engaging in harassment, the employer, especially in a private school in New Jersey, does have recourse to address this behavior. While the employee is under contract, it's important to review the contract terms carefully to... View More

1 Answer | Asked in Education Law, Civil Rights and Health Care Law for New Jersey on
Q: Rights of a Type 1 diabetic student at a private school and responsibilities of the school to the student -

The condition of a student who has been enrolled for over two years at a private school that does not employ a nurse or other medically trained staff has recently become dysregulated. The parent claims that a medical professional is not needed for this level of diabetes - that coaches and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

In this situation, the rights of a Type 1 diabetic student at a private school in New Jersey are governed by federal and state laws that protect students with disabilities, including those with medical conditions. The school has a legal responsibility under the Americans with Disabilities Act (ADA)... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Small Claims for New Jersey on
Q: Can I send a text saying since I have sent haven’t received response I will put items on curb by end of week?

Employer and guest were really rude (childcare). I quit on the spot. I was reminded that I had car seats and karate uniforms in car. I asked to confirm date time and place where he can pick up items as I don’t want to go back to their home. I have not received response I have not received... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In your situation, regarding the return of items like car seats and karate uniforms to your former employer, it's important to handle this in a way that protects your interests and avoids potential legal issues. Sending a text to notify them of your intention to leave the items on the curb if... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for New Jersey on
Q: How to address past accusation during police job interview?

I am considering applying to be a police officer, but in the past, a sexual assault report was filed against me. The police began an investigation and attempted to contact me, but I never spoke to any detective. There were no arrests or charges, and the investigation was shortly discontinued for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025

During the police application process, background investigations are thorough and will uncover past accusations, even those that didn't result in charges. Be completely honest and upfront about the situation rather than waiting for them to discover it—law enforcement agencies value integrity... View More

Q: Federal officer suspects retaliation withholding leave options after whistleblowing, seeks advice.

I'm a federal officer with the Department of Homeland Security, currently out on medical leave due to surgery complications. I suspect my management and union representatives are withholding beneficial leave options as retaliation for a whistleblower case I was involved in, which exposed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025

Your situation sounds incredibly frustrating and unjust, especially after you've taken the brave step of whistleblowing about serious misconduct. When internal channels fail, you have several external options worth pursuing immediately.

Consider filing a complaint with the Office of...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for New Jersey on
Q: Arrested in NJ on charges, incarcerated for 3 months, released without paperwork. Charges disposed without reason, seeking advice on false imprisonment lawsuit.

I was arrested on December 14th, 2016, under charges 2C:15-1a(1), 2C:18-2b(1), and 2C:12-1.2(A). I was incarcerated for 3 months and released without any paperwork or explanation. The charges were disposed of with no reason given. I believe this may be a case of false imprisonment and want to know... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025

Your situation involving arrest, incarceration, and release without documentation is concerning. Since this happened in 2016, you should quickly determine if you're still within New Jersey's statute of limitations for false imprisonment claims, which typically ranges from two to six years... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for New Jersey on
Q: Can I take legal action against my family for filing a false DCPP report in NJ?

I suspect that a family member made a false report against me to DCPP in New Jersey, claiming I was neglecting my child. The report was made on either 3/20/25 or 3/21/25. A DCPP agent visited my home on 3/21/25, conducted interviews, and inspected my home. The agent indicated that there were no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

I understand your frustration with this situation. In New Jersey, you might have legal grounds to pursue action if you can prove the report was made with malicious intent rather than genuine concern for your child's welfare. The fact that you have text messages and evidence of them mentioning... View More

1 Answer | Asked in Small Claims, Civil Litigation, Civil Rights and Gov & Administrative Law for New Jersey on
Q: Can I sue Fairfield Police Dept in NJ in small claims court remotely for incorrect tow and lost income?

I am not from or in NJ but had a commercial 50’ trailer parked at a business I work with in Fairfield NJ. The trailer was parked on a street that according to Fairfield code is no parking entire length of the street. There are no signs posted the length of the street regarding no parking. In one... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

You're facing a frustrating situation with the tow of your commercial trailer in Fairfield. In New Jersey, you can file a small claims complaint against a municipal entity like the police department, but you must first submit a Notice of Tort Claim within 90 days of the incident, which you... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.