Get free answers to your Civil Rights legal questions from lawyers in your area.
I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More 
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
I'm seeking advice on how to pursue a claim for compensation after being incarcerated for nearly three years. My conviction was reversed on appeal on December 17th, 2023, with the conviction dated August 6th, 2021. I have not received any compensation or guidance from the appeal court, and... View More
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answered on Apr 14, 2025
A good starting point would be to see if you reside on one of the 35 States that have a wrongful conviction compensation statute. This link is to a table showing the features of those statutes:... View More
It says 'don't answer this email' on my email, but, 'You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019' and 'it's advisable to consult with an attorney who... View More
answered on Apr 14, 2025
Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More
My child came home with scratches on his arm and said his teacher caused them. The school questioned a student and two teachers; no one saw it happen, and the teacher denied doing it. The administration acknowledged my email about the incident and interviewed the teachers involved. We have photos... View More
answered on Apr 9, 2025
So sorry to hear what happened to your son. You should certainly report the teacher's conduct to the school's principal and perhaps even the school district's administrator, in writing. With regard to potential legal action, if this occurred in a public school, you have to file a... View More
I have a no contact order against me regarding my wife, issued a month ago, but all my essential belongings, including clothing, cooking items, blankets, my birth certificate, and banking info, are still at her place. The order prohibits me from going to the property, but I've been informed by... View More
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answered on Apr 5, 2025
I'm sorry to hear about your situation. In New York, if there is a valid no contact order (commonly referred to as an order of protection) issued by a court, you are prohibited from having any direct or indirect contact with the protected party, including going to their residence, even if it... View More
Can I take legal action against my mother for kicking me out of her house in Rochester, NY, when I was 18 years old? I had lived there for several years, was not paying rent, and was not given any notice or reason for being asked to leave. The issue arose because my mother was unhappy with my... View More
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answered on Mar 31, 2025
I understand that being asked to leave your home under these circumstances is distressing. In New York, once an individual reaches the age of 18, they are considered a legal adult. This means that parents are no longer legally obligated to provide housing or support. As a result, a parent can ask... View More
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
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answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More
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answered on Mar 16, 2025
I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More
I live in Buffalo, NY, and am currently divorced but still living with my ex-spouse. I'm in the process of moving out, and we jointly own the property. He has placed cameras both inside and outside the house without my consent and is recording me. I've discussed my concerns with him, but... View More
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answered on Mar 16, 2025
I understand that this situation is distressing, especially as you are still living with your ex-spouse while trying to move out. In New York, the legality of placing cameras inside and outside a shared home without consent depends on factors such as expectation of privacy, ownership of the... View More
I live in Buffalo, NY, and am currently divorced but still living with my ex-spouse. I'm in the process of moving out, and we jointly own the property. He has placed cameras both inside and outside the house without my consent and is recording me. I've discussed my concerns with him, but... View More
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answered on Mar 14, 2025
It appears you are in the middle of a divorce and still living together.
First, I would request my Judge issue an order that there be no cameras or recording in the home or property.
If the camera's do not go away, you have a Court order you can move to enforce of bring on a... View More
I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More
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answered on Mar 12, 2025
I'm sorry to hear about the mistreatment you experienced, and I can understand how distressing it must be to feel that your rights were violated in such a serious way. In New York, the legal timeframe for filing a civil rights lawsuit related to a Fourth Amendment violation, such as excessive... View More
I was a minor when my father forced me to lie to the police about an incident where he hit my brother, who was 23 at the time. I lied on the police report, but now that the court case has ended and I've been kicked out of my father's house, I want to admit that I lied and tell the truth.... View More
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answered on Mar 12, 2025
I’m sorry to hear about the difficult situation you’ve experienced. In New York, the decision to come forward and admit that you lied in a police report is significant, and there are several factors to consider when deciding how to proceed.
First, it's important to understand that... View More
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
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answered on Mar 12, 2025
I’m sorry to hear about the assault you experienced. In New York, you still have legal options to pursue a case, even though six months have passed since the incident. However, the legal process can be complex, and there are a few things you should consider moving forward.
First, it’s... View More
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
answered on Mar 12, 2025
So sorry to hear what happened to you. As it relates to pursuing a civil lawsuit against the individual who assaulted you, the statute of limitations in New York is one (1) year from the date of the incident. If you can demonstrate that the school had notice of the assailant's vicious... View More
I lived in a family-owned home in Brooklyn, NY, for 49 years, sharing the bills with my family. In June 2023, I received a text from a family member giving me 60 days to move out, followed by a letter in August stating the house would be renovated, and my belongings would be thrown out if not... View More
answered on Feb 26, 2025
Dear Brooklyn Tenant:
What a family. You were illegally evicted. That was a crime. Had you called the police back then, there may have been arrests made. You had a short period of time to sue for an unlawful eviction.
In New York State, a one-year statute of limitations controls... View More
In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I concluded that he had been seeing her while we were dating and feared potential STD exposure from him. After visiting him in March 2024 to collect a debt and address my concerns, I asked for and... View More
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answered on Mar 12, 2025
I’m sorry to hear about the distressing situation you’ve been through. In New York, you may have legal grounds to file a lawsuit for false arrest, false imprisonment, and emotional distress, depending on the specifics of your case. Each of these claims would involve proving different elements,... View More
In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I concluded that he had been seeing her while we were dating and feared potential STD exposure from him. After visiting him in March 2024 to collect a debt and address my concerns, I asked for and... View More
answered on Feb 19, 2025
Sorry to hear what happened to you. In New York, a civilian complainant who furnishes information to the police who are then free to exercise their own judgment about whether an arrest should be made is generally not liable for false arrest or malicious prosecution. Moreover, unless your friend has... View More
In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I surmised he had been seeing her while we were dating and feared potential STD exposure. After visiting him in March 2024 to collect a debt and address my concerns, I briefly used and accidentally... View More
answered on Feb 19, 2025
Sorry to hear what happened to you. In New York, a civilian complainant who furnishes information to the police who are then free to exercise their own judgment about whether an arrest should be made is generally not liable for false arrest or malicious prosecution. Moreover, unless your friend has... View More
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answered on Jan 27, 2025
Yes and no. Both federal and New York State laws protect workers who file claims for harassment and discrimination from workplace retaliation including termination. However, it is not uncommon for employers to violate anti-retaliation laws. So there is still a chance that your employer would... View More
She was appointed one but they don't show up and are unreliable. She was diagnosed with a mental disorder and I feel like the court is taking advantage of that.
answered on Jan 8, 2025
I assume your daughter is competent despite her mental disorder, so she can decide if she wants a different attorney, since the one she has "does not show up and is unreliable...." However, it is unclear if the attorney is not showing up in court or for other meetings with your daughter,... View More
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