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Pennsylvania Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Pennsylvania on
Q: What kind of attorney do I need to persue a lawsuit against a county jail ASAP

My son (age 18)was beaten and humiliated by 5 inmates in our county jail over the weekend.(He is now released on unsecured bail) The guards let this go on for hours when they are supposed to check each block every half hour. I want to persue charges or a lawsuit for failing to protect him. Please... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 26, 2020

You'll want an attorney who does "1983" litigation -- which references the federal statute under which you'd file suit against the municipality/jail. You'll also be filing in federal court, so you'll want someone who's familiar with federal procedures. It's... Read more »

1 Answer | Asked in Civil Rights and Family Law for Pennsylvania on
Q: Can I leave my house at 17 without permission? Or could I legally move out at 17 without parental consent?

I’m 2 months from turning 18, been had a stable job for 2 years now, and I can’t live here anymore, so am I able to leave without her permission

Kathryn Hilbush
Kathryn Hilbush answered on Jun 20, 2020

If she won't allow you to move out, I strongly suggest that you tough out the last two months before you turn 18.

1 Answer | Asked in Civil Rights and Communications Law for Pennsylvania on
Q: If your neighbors blast their music everyday to the point where it vibrates the floor and you have called the cops what

Can you do legal wise to get them to stop

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Contact the town; you can sue them for nuisance/destroying your quiet enjoyment.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: What do I say to a police officer if I am stopped for open carrying a firearm in Pennsylvania?

Outside the city of Philadelphia

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Do you have a license to carry a firearm? While open carry is legal outside of Philadelphia, most police take a dim view of it, may stop you, ask where you are going, give your vehicle a look to see if there are any violations at all, will check the size of your magazine--and may take their time... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I want to display my hate for my country by creating signs that say Bin laden 2020. Is that illegal ?
Cary B. Hall
Cary B. Hall answered on Jun 3, 2020

That language? No. Where you place the signs? Perhaps, so check with your local municipality.

1 Answer | Asked in Civil Rights and Libel & Slander for Pennsylvania on
Q: "she doesn't allow sunglasses in the store" after being in there for at least five minutes. Defamation or harassment?

Walked in store, passed check out counter, went to "deli" counter in back, worker was cleaning something big so I waited maybe 2-3 minutes then i ordered. 2 employees passed by me on separate occasions. Suddenly, a worker comes up to me to say that. I immediately responded that these are... Read more »

Tim Akpinar
Tim Akpinar answered on May 10, 2020

It doesn't sound like anything legally actionable is there. From the brief facts, it sounds like you were accused of violating a store's private policy of no sunglasses, but defended your position by asserting that the glasses were prescription. There doesn't appear to be any damage... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Pennsylvania on
Q: My grandson is being kept in a state that is not in this jurisdiction and they are out of their jurisdiction can you hel

My question is is there any Pennsylvania attorney that knows what to do when it comes to asking for a writ against the subordinate that is trying to exercise jurisdiction and a sister state such as New York versus Pennsylvania when we should be all on the same page I’m not receiving any phone... Read more »

Cary B. Hall
Cary B. Hall answered on May 8, 2020

Sounds like you need to talk to an attorney ASAP - you can't possibly explain everything here online.

Find an attorney, and schedule a phone or video appointment. If you don't know one, try here: http://www.fcls.net/home.aspx.

Best of luck to you.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: How do I beat a case when the officer was in the wrong

I got arrested because I was supposedly being belligerent but they did no say I was being charge with anything until they decided to be aggressive with me while I was being held down by seven officers while intoxicated and having a panic attack. They tased me 2x, I bit and officer in the process... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 7, 2020

The thing that I struggle with on questions like this is there are a lot of missing facts. Please dont share them here, but those facts are important to determining whether or not you have an actual defense or a potential wrongful use of force case. I am assuming you are charged with aggravated... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: My city has had a curfew in place for over 15 days and just extended it, I'm in Hazleton PA is this legal?
Tim Akpinar
Tim Akpinar answered on May 5, 2020

Yes. It's the mayor's - city council's call to make, and such measures have been implemented in other cities across the nation. Good luck

Tim Akpinar

2 Answers | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: Am I able to if I am compelled to report to Jury Duty during the Covid-19 epidemic and get infected?

Hello, I have Jury Duty on May 11th in the city of Philadelphia. PA extended their lock down till the 8th.

I am seriously frightened of getting the virus.

If I have to go and I get the virus, can I sue the city of Philadelphia for putting me in that position?

Cary B. Hall
Cary B. Hall answered on Apr 22, 2020

Probably. But wait and see: at least one other surrounding county has extended their judicial shutdown through the end of May, and Philadelphia may do the same in the coming weeks. I bet it will.

Best of luck to you, and wash your hands.

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1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for Pennsylvania on
Q: My job cancelled us from calling out.. They are telling people if they call out they will use disciplinary actions

When the employe began to call and She stated she had upset stomach and diarrhea they told the employee come to work. They wrote her as a know call no show on a sign in sheet for a rule they decide to make up today even though she gave more then 4 hour notice, They're saying this due to the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

Several things going on--possible health code violations, things the Joint Committee on the Acreditation of Hospitals would want to know about, as well as the State Health Department or other agencies that regulate that establishment. A person who is sanctioned for calling out sick because they... Read more »

1 Answer | Asked in Civil Rights, Landlord - Tenant and Municipal Law for Pennsylvania on
Q: Is it illegal for me to take my break outside of my building under the awning?

New tenant in the building is telling people who work in my office they are not allowed to stand in front of their office on the first floor. We have an awning on the building that protects from rain. I am not impeding the flow of traffic or talking to anyone. I work in the same building on a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Depends on how the lease defines that space. If it's part of the public entrance, anyone can stand there. Your employer may want to suggest to the landlord some alternative or approach the business owner on the first floor.

1 Answer | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: son mother is threatening to call police if I dont have him back the next day, will I get arrested if I bring him later

There’s no custody agreement , or no court ordered agreement. I am on child support for my son. I just want to have him 2 days longer and she’s threatening to call the cops if i don’t drop him off the next day. Will I get arrested or not ?

Cary B. Hall
Cary B. Hall answered on Jan 16, 2020

You won't get arrested, no -- you're not in violation of any court order. And, most likely, the cops won't even want to get involved. They'll probably advise her to go file whatever in Philadelphia family court, although they may contact you to try to facilitate some kind of... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Pennsylvania on
Q: Received 1991 texts between 7/1/19 thru 12/3/19 day and night can this be considered harassment

I share 50/50 custody with him and have told him not to contact me unless it is about our child he goes back in forth within mins of hating me and loving me

Cary B. Hall
Cary B. Hall answered on Dec 3, 2019

Yep, I'd call that harassment. Contact your local police about it.

Best of luck to you.

1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Divorce for Pennsylvania on
Q: I purchased a house and my wife had just her name put on the deed. She refuses to add my name. What do I do

My wife and I purchased a house in mckean county which I paid for. Ahe doesnt work. She contacted the attorney and told them to put only her name on it. They didn't contact me to see if it was ok. However my wife is refusing to put my name on it and now I have a feeling she is going to sell it... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 21, 2019

I suggest filing a "lis pendens" against the property in McKean Co. in the Prothonotary's Office there. Anyone looking to purchase that property in the future should see that there is a cloud on the title with that filing.

Best of luck to you.

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: What type of lawyer would i pursue in suing a police district for harassment and violation of rights of an individual ?

My son has run ins with the 17th police district in philadelphia for the last 2 years, they stop him at least 1-2 a month for bogus reasons, I made a complaint last year to a sergent and seems like nothing has made a difference, he always appear to get stopped up the street, down the street, two... Read more »

Gary Kollin
Gary Kollin answered on Oct 30, 2019

Why hasnt your son ever recorded these encounters?

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: I filed a civil complaint against a corrections officer and don't know the next step in perusing a suit against him.

I have a misconduct I received in April. The misconduct was rewritten and changed after I submitted my inmate version. 5 months later I had a hearing and the misconduct was changed to try to find me guilty since the first time it was written was not sufficient. I have both misconducts to prove he... Read more »

Gary Kollin
Gary Kollin answered on Oct 29, 2019

Pursuing or perusing?

3 Answers | Asked in Contracts and Civil Rights for Pennsylvania on
Q: I sold a camper with a bill of sale AS IS and the buyer a few days later stated he went and got an attorney

I would like to know what I can do on my end when I did nothing wrong. There was visible water damage and the person who bought it accessed the damage before saying if he was purchasing or not. After that being done he then asked if I would take less and I said yes and then he said good that way I... Read more »

Gary Kollin
Gary Kollin answered on Oct 24, 2019

Ask him for a copy of the police report as first step, if it really exists

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: If you are waiting to go to trial in Philadelphia and you start Therapeutic Community programming do you get time

Credit for completing programs plus time served

Gary Kollin
Gary Kollin answered on Oct 17, 2019

you have a lawyer. ask your lawyer

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Can you file a civil suit after being wrongfully incarcerated?

My husband was in a fatal accident in 2014. He was arrested in 2016. After the case was presented the originating county and the state supreme court found that all felony and misdemeanor charges should be dropped. He was found to not be reckless or negligent in any way. The only charges remaining... Read more »

Gary Kollin
Gary Kollin answered on Oct 10, 2019

You should consult directly with a lawyer.

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