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Ohio Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Ohio on
Q: I was brutally assaulted in jail and refused medical care after suffering a broken nose, two black eyes. what can i do
Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

Suggest you contact the Ohio Civil Liberties Union Prison Rights Unit. They or their "cooperating attorneys " should be able to help you.

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Civil Rights for Ohio on
Q: After a state court judgment on a federal 1983 claim can you move complaint to a federal court?

I stupidly filed a section 1983 federal claim in an Ohio state court against persons employed by the state of Ohio. After receiving what can only be described as prejudicial treatment throughout and having appealed to the Ohio Supreme Court who denied jurisdiction I wish to take the claim to the... Read more »

Gary Kollin
Gary Kollin answered on Jul 9, 2018

It is called res judicata or perhaps collateral estoppel.

No two bites.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Ohio on
Q: I believe my son was wrongly jailed and his rights violated. As a result, they caused him to violate a condition

Of his probation which is job retention. They set him up to fali when he was on the cusp of getting enough saved up to finally get things in order. I can't afford a lawyer for him and would like his case reassigned to another judge. Our court system is so jacked up they let meth heads back on... Read more »

Gary Kollin
Gary Kollin answered on Jun 1, 2018

By this time he should have had an attorney appointed.

You want the judge disqualifed, does he?

He should consult with his lawyer.

1 Answer | Asked in Personal Injury and Civil Rights for Ohio on
Q: My son was assualted by his best friend's girl friend with a beer bottle. She was charged with Felonious Assault,

As she nicked a artery causing major bleeding. He required staples in his skull and they had to stich his face from the inside out as the wound was deep and very long. He will not be able to afford all of the medical bills and has lost work. He is also having horrible flash backs and what I... Read more »

Matthew Williams
Matthew Williams answered on May 29, 2018

As the victim of a crime, he is entitled to restitution for the damage done by the offender. You should get in touch with the prosecutor and provide him or her with proof of the costs. He could also file a civil lawsuit against her. But, a word of warning. Money doesn't magically appear because the... Read more »

1 Answer | Asked in Small Claims and Civil Rights for Ohio on
Q: ex boyfriend of 3 years has been having 3 of my credit card payments coming out of his account by default
Gary Kollin
Gary Kollin answered on May 29, 2018

I do not understand if there is a question and if there is, you must articulate the facts better

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Gov & Administrative Law for Ohio on
Q: I was "randomly" selected for proof of insurance on a van i own but havnt driven in five years sent letter with proof of

Insurance on vehicles currently driven after 2 affidavits estimate from certified mech several calls and hearing request they still suspened lisc claiming they didnt get hear request i appealed litigated with attorney gen and then provided a copy of request and cancelled check at which time they... Read more »

Gary Kollin
Gary Kollin answered on May 27, 2018

You notice there is a limitation of amount of characters. That is so you can write your question without all the extraneous material like "poor boy" and "not to mention many hours of legal work".

I am not trying to be an English teacher, but you have run on sentences, no punctuation, no...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Ohio on
Q: Can you be punished by law for purposesly beating on a disabled individual.?

If the police won’t do anything when there’s witnesses and it’s happened more than 2x he was specifically targeted because he is autistic what should his mother do to get justice for him being assaulted because the police department is treating him as if what these boys did was ok

Matthew Williams
Matthew Williams answered on May 24, 2018

You can be punished by law for beating on anyone. Assault is illegal. How old are these boys? Perhaps the police believe this situation is better handled by parents and teachers than police officers and judges.

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: My son was questioned by the principal. Also by detectives. He asked three times to call his mom. He wasnt allowed.

The police took his phone so he couldnt call his mom. It wasnt until after being questioned by school and police that the school called his mom. Is this legal?

Matthew Williams
Matthew Williams answered on May 5, 2018

It’s legal. How much of their questioning can be used, and for what purpose, may become an issue later particularly if they charge him with a criminal offense, and depending upon his age, maturity, intelligence, and whether they Mirandized him prior to any police questioning.

1 Answer | Asked in Real Estate Law, Civil Rights, Domestic Violence and Landlord - Tenant for Ohio on
Q: I am a home owner who has roommates. 1 of the roommates has become violent and threated me and my daughter what can I do
Joseph Jaap
Joseph Jaap answered on May 4, 2018

Report the threats to the police and seek a protection order to order the person to leave the house and stay away. If that does not succeed, then you could proceed with an eviction action, but that process could take several weeks. If you just change the locks, install a security system, and... Read more »

1 Answer | Asked in Family Law and Civil Rights for Ohio on
Q: What are my rights when it comes to CPS?

My step-daughter lied to the school and CPS. I have never hurt this child. CPS talked to her and her dad and I was immediately thrown out of the house saying I was a danger to this child without even doing an investigation to see what was going on. CPS called me a liar and said they believed... Read more »

Joseph Jaap
Joseph Jaap answered on May 1, 2018

There are too many issues to discuss on line. Use the Find a Lawyer tab to retain a local family law attorney who can review the entire situation, and all the facts and circumstances, and then advise you of your options and what actions you can take.

1 Answer | Asked in Criminal Law, Civil Rights, Internet Law and Juvenile Law for Ohio on
Q: If Im getting hit by a 17 year old Can I do anything I’m 18?
Matthew Williams
Matthew Williams answered on Apr 24, 2018

You could call the cops, tell a teacher, tell your parents...

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: What is highest case law saying that citizens cannot be arrested for obstruction for null-action in assisting police?

What case law applies here? I am looking for case law, preferably from the Supreme Court of the United States (SCOTUS) or highest available court where such case law exists.

The case law would state that any citizens/persons are not required to assist or cooperate with official... Read more »

Matthew Williams
Matthew Williams answered on Apr 16, 2018

Legal research is too time consuming for us to do for you for free. But, I will say this: every obstruction statute I am familiar with plainly requires an action.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: If the Ohio Supreme Court declined Jurisdiction of an App.R. 26(B), how long do I have to file to Sixth Circuit or USSC?

I was denied exculpatory (ESI) evidence that would prove otherwise of an abduction of my wife, after offer of proof was made within a jury trial. My counsel was well informed of my claimed defense and shared the fact with the prosecution within the preliminary stages. There was a very... Read more »

Matthew Williams
Matthew Williams answered on Mar 23, 2018

Whoa! Slow down. You are just running with a bunch of stuff you clearly do not understand well.

Let's start with this preliminary question on which half of your argument rests: what offense(s) were you originally indicted with, and what offense were you convicted of? If the offense you...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Juvenile Law for Ohio on
Q: How to defend charge in court after minors get into a mutually agreed fist fight? Aggressor lost fight & pressed charges

My nephew, over the course of time has been hit in the private and taunted by a fellow student. During the end of school in Dec, he was pushed down the stairs by said student. They both decided to have a fist fight, that they would walk from school to said students house for the fight. They made it... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 15, 2018

You defend by retaining a criminal law attorney. Use the Find a Lawyer tab. Bullying should be something discussed with the school principal.

1 Answer | Asked in Civil Rights, Criminal Law and Real Estate Law for Ohio on
Q: THE NEIGHBOR TORE DOWN MY LINE FENCE THAT WAS ON ME. FOR WHICH HE HAD NO PERMISSION IS THIS A CRIMINAL CASE OR A CIVIL

CASE THE SHERIFF IN MY COUNTY HAS LOOKED AT THE MATTER AND TOOK PICTURES OF THE 663.6 FEET AND THE FENCE THAT IS LAYING ON THE NEIGHBORS LAND

Joseph Jaap
Joseph Jaap answered on Feb 13, 2018

It is up to the prosecutor to bring any criminal charges, but you can sue as a civil case for monetary damages for the cost of the fence replacement. You can sue in small claims court up to $6000, or use the Find a Lawyer tab to retain a local litigation attorney.

1 Answer | Asked in Family Law and Civil Rights for Ohio on
Q: can I make my biological child who is under 18 call me dad or mom. If I spank him or her am I wrong.
Joseph Jaap
Joseph Jaap answered on Feb 6, 2018

Children can be difficult, but physical, mental, or emotional actions or demands in response can result in difficulties for you, even claims of abuse. If there are issues, perhaps seek family counseling.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Ohio on
Q: I am 16 years old, can I emancipated myself? I have a place to live,eat and provide for myself.Will emancipation able?

Cambridge, Ohio or close to Cambridge lawyer would be nice. Thanks!

Joseph Jaap
Joseph Jaap answered on Feb 2, 2018

No, you cannot emancipate. Your parents are obligated to support you until you are 18. Minors cannot enter into legally enforceable contracts. If you have problems at home, seek help from a teacher, school counselor, family member, or other trusted adult. Here is more information:... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Ohio on
Q: I quit my job for the company that I work for and yes I live on site they telling me I have only 3 day to move out
Joseph Jaap
Joseph Jaap answered on Jan 18, 2018

If you aren't out in 3 days, then the company can file an eviction action. The court will schedule a hearing in a couple weeks, at which you can appear and challenge the basis for the eviction. If the court grants the eviction, it will give you 7 to 10 days to vacate.

1 Answer | Asked in Civil Rights and Criminal Law for Ohio on
Q: If you 35 years old and Talk to a 15 about to be 16-year-old girl on the phone and text message with pictures

What will happen to him?

Matthew Williams
Matthew Williams answered on Jan 3, 2018

Hopefully, you will stop and nothing will happen. If there are pictures of the minor, those are child porn, which is really bad. Otherwise, it may just be importuning and distributing matter harmful to juvenile, still serious but less so.

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: First time being in trouble as an adult & got maxed out?

My boyfriend is in jail. He went in on a petty theft charge & a pv stemming from the petty theft. While he was in jail he got another charge of petty theft from something he stole 2 days prior to going to jail. So he currently has 2 petty thefts & a pv and he got maxed out on those charges. He went... Read more »

Matthew Williams
Matthew Williams answered on Jan 3, 2018

I think this isn't his first time being in trouble (you've described multiple offenses) and he will likely get the same judge, so yes, I suspect he will get maxed again. He should get a lawyer to try to avoid this.

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