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New York Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for New York on
Q: In 1866 what did the SCOTUS Rule in Ex Parte Milligan, 71 U.S. 2 Section 98 on National Emergency
Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

The case is basically about the right of civilians to be tried in civil courts instead of military courts when civil courts are in session. If this is for a school assignment, you could provide background by discussing some of the other measures taken by President Lincoln during the Civil War -... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Can I sue the state for not informing me of my convicted rapists release to society

He served his sentence and got put in mental facility because he’s a serial offender and was still a risk to society. I was never told he was released and he’s been seen around my home town and now I’m afraid and traumatized all over again because he came back to the place where this all... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 3, 2020

This is a horribe answer to your question, but it gets arround to answering why suing probably won't help you.

You can sue anyone for any reason you want, but it doesn't mean you will win anything.

The state failed to tell you something. I don't remember you...
Read more »

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2 Answers | Asked in Domestic Violence, Family Law and Civil Rights for New York on
Q: can a legal guardian deny access to the childs bedroom

not allowed in bedroom unless its night but the guardian comes to wake up at 6:30 in the morning and they arent allowed back in their bedroom all day they lock the door

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2020

The question is why are they doing that. Is there a valid reason to do that.

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1 Answer | Asked in Family Law, Personal Injury and Civil Rights for New York on
Q: Hello! I am 16 years old, and CPS has opened a case on me, following me around and tapping into my phone.

There hasn't been any signs of neglect or abuse found in my house, even though my mother tried to kick me out. The case is supposed to be closed, obviously, but they won't close it.

Apparently, they have been following me around and they tapped into my phone when it was taken away... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 24, 2020

They are there to protect you so there isn't much you can do. However, if you have proof that they tapped your phone without a court order that can be reported to the police as that is a crime. In addition you can get a lawyer to sue on your behalf to stop all phone intercepts.

Q: I need to prove that I am being tortured because the ppl doing it are getting away with it. I need representation.

Seeking legal advise but months later there is still no response on here.

Derek John Soltis
Derek John Soltis answered on May 10, 2020

Call an attorney that specializes in civil rights. You are not likely to get information that can help you on a public forum.

1 Answer | Asked in Civil Rights for New York on
Q: What other motions are similar to summary judgement ?
Tim Akpinar
Tim Akpinar answered on May 5, 2020

There are a number of different types of motions you'll see both in New York Practice and Federal Practice. If you look them up, you'll see motion to dismiss, motion to compel, discovery motions, jnov, and a few others. Summary judgment basically asks the court to rule that there is no... Read more »

1 Answer | Asked in Civil Rights for New York on
Q: At trial, the attorney for the plaintiff, Mr. Smith, believes that opposing counsel has not presented a material issue

to contravene (contradict) Mr. Smith’s client.

What motion might Mr. Smith make to the judge? Explain what that motion is in detail, and explain when counsel may raise such a motion. What other motions are similar? How are they utilized? Why does the court entertain such motions?

James Avery
James Avery answered on May 5, 2020

It would be appropriate to file a motion for directed verdict on liability at the close of evidence, assuming Mr. Smith proved all the elements of his case and the defense did not attack his client’s credibility or present any evidence to counter the elements of liability. Most courts would... Read more »

1 Answer | Asked in Civil Rights for New York on
Q: Is is legal to shoot my bb gun in my own backyard for aiming practice in nyc i live in the bronx
Gregory Byrnes
Gregory Byrnes answered on Apr 29, 2020

NYC Admin Code § 10-131:

"Air pistols and air rifles; selling or possessing. 1. It shall be unlawful for any person to sell, offer to sell or have in such person's possession any air pistol or air rifle or similar instrument in which the propelling force is a spring or air,...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Real Estate Law for New York on
Q: Relatives not heirs, invades and builds a house on a land that belong to senior heirs living in PR w/out permission

One or two bully relatives in Camuy Puerto Rico, not heirs, invaded and started to build on land that belong to disable senior heirs w/out their permissions; Three of the heirs died, one lives in NY, and the other 2 seniors own homes and lived on that land for years. Eventhough the senior heirs... Read more »

Elaine Shay
Elaine Shay answered on Apr 12, 2020

Since the property is in Puerto Rico, you should post your question in an area with attorneys from that jurisdiction.

1 Answer | Asked in Civil Rights for New York on
Q: Looking for help with a denial for a gun permit.

I applied for a gun permit I got denied I wrote an appeal letter they denied that I feel like it is unjust.

Derek John Soltis
Derek John Soltis answered on Apr 9, 2020

This is a very specialized area of law. I would recommend doing a google search for a gun permit lawyer near you.

1 Answer | Asked in Business Law, Personal Injury and Civil Rights for New York on
Q: If I am filing a small claims of $320, which is the amount I lost, how much can I charge for damages?

Is there a minimum or maximum amount that I can charge for damages?

Tim Akpinar
Tim Akpinar answered on Apr 8, 2020

The New York State Unified Court System has some educational resources for using Small Claims Court. Here is web address for their page:

http://www.courts.state.ny.us/courts/nyc/smallclaims/videos.shtml

They answer questions about amounts and other issues. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Can a lawyer help me sue the NYCTP and NYPD for continuously harassment and my minor son?

After my ex husband failing to get me deported. He went ahead and made false allegations about me and my minor son to the police. We are always being harassed like criminals. We are labeled thieves in the stores despite the fact that I have no criminal history. My ex is NYPD retired detective so he... Read more »

James Avery
James Avery answered on Apr 2, 2020

Local police corruption can be reported to the Dept of Justice (FBI).

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for New York on
Q: False police report - Fake domestic violence report - Attorney Referral

A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.

James Avery
James Avery answered on Apr 2, 2020

Do you have proof that the police KNEW the report was false and DELIBERATELY arrested you without evidence? How many years in jail did you spend as a result?

1 Answer | Asked in Civil Rights for New York on
Q: Is this a violation of the First Amendment?

I recently created a project on Social Security and I did it in a satirical way with labeling a few of my classmates as "blind" or "dependent", I got their full consent, and I showed everyone I interacted with that day the video for their approval. However, my teacher rejected... Read more »

James Avery
James Avery answered on Apr 2, 2020

Your teacher is allowed to exercise discretion in the classroom, and students have no established right to exercise free speech in the classroom.

2 Answers | Asked in Civil Rights and Legal Malpractice for New York on
Q: Provide a scenario of legal negligence and explain which elements of negligence are factors in the scenario.
James Avery
James Avery answered on Apr 2, 2020

The most common scenario of negligence (lack of due care judged by professional standards) is failing to diligently pursue legal matters, including failure to file timely lawsuits. Many lawyers do not use modern software for tracking cases, etc. The damage which occurs is the value of the matter... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for New York on
Q: Can an employer require employees who return to work following a COVID-19 Diagnosis to wear a mask?

I am a Civil Service Employee in NYS, which is a represented by a Union. The Chief Administrative officer has stated that once the Dept of Health Clears an employee to return to work after a COVID-19 Infection, that the employee must wear a mask for 7 additional days. The act of being forced to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 1, 2020

Everyone should be wearing masks with or without a diagnosis. Medical experts recommend that.

I had an emergency need to venture out today. The people with masks are the ones we respect most because they respect us and our well being.

You should be held in high esteem and continue...
Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: If a male coworker tells a female coworker “I’ll let your attitude slide because of pregnancy hormones” is that harasmnt

Female coworker is not pregnant

Brian Greben
Brian Greben answered on Apr 1, 2020

Yes, it's harassment. But if that's the only statement at issue, it's probably not to establish a pattern of discriminatory conduct.

3 Answers | Asked in Bankruptcy, Divorce, Civil Rights and Collections for New York on
Q: Being threatened for cosigned student loans even though in my divorce paperwork it states I'm no longer responsible.

The loan providers say I'm responsible and it doesn't matter what my divorce papers say. Is this true I will need to civil sue the loan holder I co-signed for?

Timothy Denison
Timothy Denison answered on Mar 9, 2020

You are still liable directly to the loan provider, bc the loan provider was not a party to your settlement agreement with your spouse. If your spouse is not paying the loan, you should make a motion in your divorce case to hold your spouse in contempt for not paying as agreed and ask the court to... Read more »

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1 Answer | Asked in Traffic Tickets, Child Support, Civil Litigation and Civil Rights for New York on
Q: Can the law force siblings to care for their parents in Puerto Rico ,if the siblings don’t live in PUERTO RICO?
Tim Akpinar
Tim Akpinar answered on Mar 7, 2020

This is something that an attorney who practices in Puerto Rico would know better than a New York attorney. You could repost under Puerto Rico (look for the link for other states), and one of the attorneys in that section could have better chances of seeing your question. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for New York on
Q: I have a Divorce Action pending. Who is the best Civil Rights Atty. in Albany, NY, that protects "Freedom of Religion"?

Also: I am at the Appeals Level of my case. I need help now. Time is of the essence.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 24, 2020

Contact your local bar association for attorney specialties and recommendations.

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