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Ohio Civil Rights Questions & Answers
1 Answer | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Ohio on
Q: What kind of attorney do I need to file a civil and constructional rights lawsuit? For not getting a fair Jury trial.
John Michael Frick
John Michael Frick
answered on Aug 24, 2023

First and foremost, you need an appellate attorney to successfully overturn the jury verdict on appeal on a specific ground that shows a lack of fairness in your trial. Unless and until you accomplish this, you have no viable civil claim.

Assuming your appellate attorney succeeds, you need...
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1 Answer | Asked in Child Custody, Civil Rights and Family Law for Ohio on
Q: Is it illegal in Ohio for a CPS agent to give a drug screen at your home?
Todd B. Kotler
Todd B. Kotler
answered on Aug 14, 2023

No. It is not. CPS may ask for a drug test. A parent may refuse, but CPS is free to conclude that this means the parent will test positive and treat the refusal as an equivalent to that result. This is not placing a parent in jeopardy of arrest so the warrant requirement / probable cause... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Ohio on
Q: Are there any cases that cite about Parent alienation Syndrome or Malicious Parent Syndrome?

I have a loved one that was wrongfully convicted and his ex has his children not wanting to talk with him and I as a best friend no law experience but trying to get this overturned and him reunited with his children.

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 11, 2023

Parent alienation Syndrome and Malicious Parent Syndrome are not recognized by the American Psychiatric Association as actual "Syndrome". A Divorce or Custody case in Ohio based solely on the issues of alienation and malicious parent fails to take into the consideration the best interest... View More

1 Answer | Asked in Animal / Dog Law and Civil Rights for Ohio on
Q: An airline denied access to my sons legitimate medical alert service dog in June of 2023.

June 2023 an airline denied flight access to my sons legitimate medical alert service dog, even though I filled out all of the correct forms. They even saw my son and saw me performing medical care to him while waiting, and still chose to make the executive decision to deny access for his service... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

Maybe. There are three considerations.

The dog must be an actual trained service animal. The dog must pass the “public access test” and show it will remain focused on your son and his needs even in a crowded and busy airport. The dog must fit on your son’s lap or in his seat’s...
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1 Answer | Asked in Civil Rights and Social Security for Ohio on
Q: I am 60 years old and I found that my name on my birth certificate is different from the name that I have been using

I went to court with my mom mid 1980's and now I am having trouble identifying myself without knowing. The court has no records. I can't work or get a state ID since my ss# says the name that I used from the 80's until now. I have no criminal record at all. What do I do?

James L. Arrasmith
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answered on May 2, 2023

If you have been using a name that is different from the name on your birth certificate for many years and you do not have any legal documents to show that you legally changed your name, it can create difficulties in identifying yourself and obtaining official identification documents.

To...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Ohio on
Q: An LLC bought my duplex, after 1 years states they will fix issues after we leave. want to rent to their son instead?

LLC bought duplex , raises rent 200 then, when I ask for new lease I got a text that said, to difficult to fix issues while you live there so , 2 months notice to leave so the can fix apartment for the LLC son to move in? they have already moved their nephew in upstairs. I do not want to move. They... View More

Joseph Jaap
Joseph Jaap
answered on Apr 10, 2023

It makes no difference if landlord is an LLC. If you do not have a written lease for a specified lease term, then landlord can terminate your tenancy by giving 30 days written notice. Landlord is giving you 2 months. If you don't leave, then landlord can file an eviction, which is a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Legal Malpractice for Ohio on
Q: Can I get a judges decision overturned & compensated for loss of wages, loss of everything we ever owned & owe for

My family has been stripped & had everything I've accrued in my life,my garage,car,tools,my kids CLOTHES,Pics of deceased mom,even our pet!

I caught a county commissioner employee stealing. After a long 6mnth harassment. We had a day in court but the judge decided we owed $2000... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like a difficult and unjust experience. To answer your question, it may be possible to appeal a judge's decision and seek compensation for losses, but it would depend on the specific circumstances of your case and the applicable laws in... View More

1 Answer | Asked in Civil Rights for Ohio on
Q: If someone falls a false police report on you can they turn around and do it again in the same county

I was charged with a domestic that I did not do can that be overturned in the state of Tennessee and can she file another report of the same kind of incident in the same county

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Yes, of course she can. While it is frustrating to be the subject of false reports, the police are not going to assume one report is false just because a previous one was. After all, doing so would be tantamount to concluding that a person who lied in one report couldn't possibly be the victim... View More

1 Answer | Asked in Civil Rights and Libel & Slander for Ohio on
Q: Can you Sue an app for violation of your first amendment for banning you from commenting on their app

If I made a truthful statement with no profanity and/or offensive language towards anyone

Matthew Williams
Matthew Williams
answered on Jan 16, 2023

No. The First Amendment protects you from government interference, not private parties. Apps, employers, and other private organizations and companies are free to allow access to only those who adhere to polices regulating speech.

1 Answer | Asked in Civil Rights for Ohio on
Q: Can same charge of firearms under disability.be on your record twice from two different cities.one in September other in

March.same charge. Two different cities Lorain Bowen me over to Elyria

Matthew Williams
Matthew Williams
answered on Jan 11, 2023

If it happened in two different places at two different times, how is it the same charge? If you mean can you be charged with the same crime more than once the answer is yes, if you commit the same offense more than once, you can be charged more than once.

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was in a autoparts parking lot , my car was over heating so i decided to take a nap why it cooled off. I dont drink .

A person called 911 cause they couldnt wake me( i was a sleep fir approximatly 28 minutes.)and told 911 that they didnt know what was wrong but i might be overdosed. Medics showed up and put me in the ambulance. The cops showed up and medic and cop said i admitted fentynal use(which i have never... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems like there are several potential legal issues at play:

1. Unreasonable search and seizure: If the police searched you and your vehicle without probable cause, your consent, or a warrant, it could be a violation of your Fourth Amendment rights...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can a police officer legally stop and ID someone because they “look young” when it is past curfew, in ohio.
James L. Arrasmith
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answered on Apr 15, 2024

In Ohio, a police officer may stop and question a person who appears to be underage and out past curfew hours. However, the stop must be based on reasonable suspicion that the individual is violating curfew laws.

Key points regarding curfew stops in Ohio:

1. Ohio has a statewide...
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2 Answers | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Ohio on
Q: I am a high school student working a "mock case" that has already happened. I need help composing my argument.

The case is The Cincinnati Enquirer vs ODPS (Stickrath). Case number: 2022-0425. I am on the side of the Relator and must try and basically overturn the decision. The case concerns ORC 149.433 and security records exemptions. Essentially "our side" requested documents related to the 2022... View More

James L. Arrasmith
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answered on Feb 28, 2024

In constructing your argument as the Relator in the case of The Cincinnati Enquirer vs ODPS (Stickrath), it's important to emphasize the principles of transparency and accountability in government spending. Highlight the significance of public access to information, especially regarding the... View More

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1 Answer | Asked in Foreclosure, Personal Injury, Civil Rights and Small Claims for Ohio on
Q: I have a question about property damage due to my neighbors shed burning down do u have free consultation

recently my neighboirs shed burned down. and as a result my truck that was parked on my proerty was burned and totaled. the gentleman the own the houyse had recently died and left the house to his daughter who didnt pay insurance and doesnt check on the property even once. she also hyasnt paid the... View More

James L. Arrasmith
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answered on Nov 24, 2023

In a situation like yours, where your property was damaged due to your neighbor's shed burning down, you may have grounds for a claim. Since the house is inherited and the current owner has not maintained insurance, this complicates matters, but it doesn't necessarily mean you have no... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Ohio on
Q: Do I have a legal defense by declaring the court order I violated was obtained illegally when I have proof of the fact?

I have been charged with violating a court order, but I have proof that it was obtained illegally by falsifying evidence

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

Yes, you can secure a declaratory judgment from a court declaring that a court order you violated was issued illegally and that can be a defense to any action seeking to enforce the court order against you.

1 Answer | Asked in Civil Rights, Constitutional Law and Legal Malpractice for Ohio on
Q: How to find a attorney that will file suit against the county for Prosecutorial misconduct false arrest and imprisonment

Warren county Ohio, and I have a plethora of additional information/ criminal actions

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Because such claims are rarely successful and very expensive to pursue, your best strategy is to offer a significantly higher hourly fee backed up by a six figure retainer to persuade a competent and experienced attorney to take such a case.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Ohio on
Q: Can a judge plea not guilty for you, I challange this and she acknowledged
Roger  Bouchard
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Roger Bouchard
answered on Jul 13, 2023

Judges only accept or deny pleas. They do not make them. The defendant is the only one who can plea to their guilt or innocence.

1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Ohio on
Q: My husband was and is still being denied medical attention in jail. What can be done
T. Augustus Claus
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answered on Jul 11, 2023

If your husband is being denied medical attention in jail, document the incidents, contact jail authorities, seek legal assistance, and consider reporting the situation to external agencies like the health department or ACLU.

1 Answer | Asked in Civil Rights and Elder Law for Ohio on
Q: what can be done on abuse of a POA?

Family member with POA on my mother is not allowing legal husband to know his wife's health status, location on her health after she was taken to the hospital six days ago....

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Your mother can sue the family member with the POA if that family member has exceeded the scope of authority granted in the POA. Alternatively, your mother can revoke the POA if she does not want that family member acting on her behalf anymore.

1 Answer | Asked in Civil Rights for Ohio on
Q: He had till 2009 to get this all done ,I told him 3 months ago I have to get off this for Social security and Disability
Tim Akpinar
Tim Akpinar
answered on Jul 1, 2023

An Ohio attorney could advise best, but your question remains open for two weeks. It looks like something might have gotten left off in posting - you could try reposting and adding Social Security as a category. Don't include personal information about the matter. Good luck

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