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New York Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Federal Crimes and Military Law for New York on
Q: What Is REMOT NEUROLOGICAL MONTIER LEGAL ACTION NY ?

I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2024

My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Is this legal is this double jeopardy

1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida... View More

James L. Arrasmith
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answered on Jun 29, 2024

I can offer some general information that may be helpful:

1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply...
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Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More

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Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're facing a difficult and complex situation. Based on the information you've provided, there are several potential legal issues at play here:

1. Disability discrimination: If you were fired due to your disability, this could violate the Americans with Disabilities...
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1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for New York on
Q: Is a redacted police report indicative of a cover up of a crime committed by another?

I had someone file a false police report about me accusing me of domestic violence. When I requested a FOIL of the police reports, it came redacted . It involved going through an appeal process by our town mayor to get an unredacted version

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about the implications of receiving a redacted police report in response to your Freedom of Information Law (FOIL) request. Let me address your question:

1. Redaction itself is not necessarily indicative of a cover-up. There are legitimate reasons why...
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2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Public Benefits for New York on
Q: Mass GL fair hearings doesn't a hearings officer with no prior knowledge have to hear my case otherwise how is it fair

Mass DUA VIOLATED MASS GL151A §71 THEY CANT BRING A CLAIMANT IN FOR JOB SUBSTANTIATION AFTER A YEARS TIME AND THE BOARD KNOWS IT! FURTHERMORE THEYVE NOW CHANGED THE HEARINGS REASON? BECAUSE I SUBMITTED DOCUMENTS PROVING ID WIN! ? WTF? SERIOUSLY? BOY IF THE LAW REALLY WORKED THAT WAY

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're frustrated with your experience regarding a fair hearing related to unemployment benefits in Massachusetts. Let me try to address the key points you've raised:

1. Fairness of the hearing officer:

It's generally expected that a hearing officer...
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1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Small Claims for New York on
Q: My brother’s car was impounded I got a notarized letter to release the car but the towing company refuse to release it

The didn’t accept the notarized letter.

Everytime they ask for some sort of form I get it for them then they refuse to accept it and they ask for something else.

Now they’re asking for a form to be sent from wherever the owner is in Fedex but Fedex is not available there and no... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like you're facing a frustrating situation with the towing company. Despite providing all the necessary documentation, they continue to reject it and create additional hurdles. The requirement for your brother to personally release the car, especially when international shipping... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I WAS SPAT ON DURING A FIGHT I WAS ARRESTED FOR PUNCHING. HE WAS NOT SUMMONSED. CAN I SUE THE POLICE?
James L. Arrasmith
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answered on Jun 15, 2024

If you were arrested for punching someone who spat on you during a fight, but the other person was not charged, you might feel the situation was handled unfairly. However, suing the police for this specific incident may be challenging unless you can prove they acted unlawfully or with clear bias.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Medical Malpractice for New York on
Q: What are the rights of patients regarding pain management?

MALE

58 YEARS OLD

Disabled 7yrs

FIDELIS/MEDICAID

SSI/SSD 7yrs

After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:

1. he will request daily visits, as opposed to bi-weekly.

2.... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More

1 Answer | Asked in Civil Rights and Employment Law for New York on
Q: NY - boss told my my co-workers about a medical condition related to pregnancy I told my boss in full confidence
James L. Arrasmith
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answered on Jun 3, 2024

In New York, your medical information, including conditions related to pregnancy, is protected under both federal and state privacy laws. Sharing this information without your consent can be considered a violation of your privacy rights. You may have grounds to file a complaint with the Equal... View More

1 Answer | Asked in Business Law, Civil Litigation and Civil Rights for New York on
Q: Which court can I file? Civil Court or business court?

I leased the SUV using my company Violet River Inc. in December 2021. My business stopped operation when the other owner exited in December 2021. There was no employee, except me seasonal in quarter four. Between the lease time (1/2022 - 1/2023), the leased vehicle was used primarily for personal,... View More

James L. Arrasmith
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answered on Jun 3, 2024

To determine where to file your case, you need to consider the nature of your lease and the primary use of the vehicle. Since the SUV was leased under your company name, Violet River Inc., but used primarily for personal, family, or household purposes, it may qualify as a consumer lease under 15... View More

1 Answer | Asked in Civil Rights and Public Benefits for New York on
Q: Can I place a lawsuit on the shelter I have resided in for two years but was denied assistance

I have been accepted into four different apartment but denied movement by the housing specialist on moving forward with moving in.

James L. Arrasmith
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answered on Jun 3, 2024

You might have grounds to file a lawsuit against the shelter if they have denied you assistance in moving into an apartment despite being accepted into four different places. It is important to gather all relevant documentation, including your acceptance letters from the apartments and any... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: Unlawful entry to my home without asking. Police said nothing they could do can I sue
James L. Arrasmith
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answered on May 29, 2024

If someone entered your home without your permission, you might have grounds to take legal action. Trespassing is generally considered a violation of your rights as a property owner or tenant. You can sue the person who unlawfully entered your home for trespassing, invasion of privacy, and any... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: can I dismiss a case if I called the police and the police already sent paperwork to the court

It’s about my gf throwing a knife at me but she didn’t mean to and I wasn’t hurt the police took the knife but they never found my gf

James L. Arrasmith
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answered on May 24, 2024

Once the police have filed paperwork with the court, the case becomes a legal matter and is no longer solely under your control. Even if you weren't hurt and believe your girlfriend didn’t mean to throw the knife, the decision to dismiss the case lies with the prosecutor, not you. They will... View More

1 Answer | Asked in Civil Rights and Immigration Law for New York on
Q: How can I withdraw my asylum application in America
James L. Arrasmith
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answered on May 21, 2024

If you are considering withdrawing your asylum application, I would strongly recommend first consulting with an experienced immigration attorney or an accredited representative from a reputable nonprofit organization that assists asylum seekers. They can advise you on the potential ramifications of... View More

4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 30, 2024

Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.

A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an...
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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an... View More

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2024

The bottom line is for most personal information, no you cannot.

While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.

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