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Pennsylvania Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Pennsylvania on
Q: Are police required to do welfare check-in on someone who may be in danger?

I called the police on August 11, 2021 because my father started he was in danger and was acting strange, I'm 30 minutes away so police department is much closer. They never went to check on him and the next day by 12:45 pm he was dead. is there anything I can do. I feel like he could have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

It's hard to say without knowing more. Maybe the police contacted him and he was normal when they talked to him. They don't have an obligation to check on everyone. However an attorney who specializes in police actions would be the best bet to contact.

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Can my ex girlfriend blackmailed me if I don’t send my truck over she’s also threatening to press charges against me

We have got into several fights there was one time the police were called in the report done but neither one of us called or had the police report done she went and signed a piece of paper stopping the investigation can she pursue any charges if she stop the investigation and didn’t follow... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

anyone can threaten anything. You should consult an attorney to discuss your potential exposure to having a complaint lodged against you--and note, she can still follow through on that even if you give her your truck.

Q: I need to find case law defending against 5503 a(1) (2) (3) (4). I have a couple days to find c.l. but I'm not sure...

...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property

and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Hi, my husband and I are residents of Ontario Canada and we received a civil complaint from Drums, PA county of Luzerne.

We purchased a piece of land at Eagle Rock Resort in PA in 2017. We paid dues thru our credit card for a year. We told them we are not able to continue anymore due to financial reason and we stopped the payment. Now, we received this civil complaint against me and my husband. Hope you can help us.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2021

You need to respond to the complaint. Look at the contract--chances are you agreed to service of the complaint. You don't want it to go to default judgment.

If it's a time share there may be other issues.

Start by seeing (if it's a time share) if they will take it...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I an getting calls from discover credit card they are threatening to sue me for non payment im on disability and c

Can't repay what they want what can I do

Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2021

First, get a piece of paper or a notebook.

Whenever you talk to them write down the date and time. Get the name of the person you are speaking with. If they say they can't give their name, ask how they identify themselves. Explain that you don't know who you are speaking...
Read more »

1 Answer | Asked in DUI / DWI and Civil Rights for Pennsylvania on
Q: I was wondering if you could get charged for refusing a blood test if you are not placed under arrest

What i am not understanding though, is when I asked the cop if he had a warrant for the blood test he reply was "I could get one but I don't feel like it" How can I be charged with something when I was not even placed under arrest? Also, when he said that he didn't feel like getting a warrant

Ellis B. Klein
Ellis B. Klein answered on Jul 24, 2021

You are definitely going to get charged. When you refuse the test there is an assumption that you were under the influence and you will be charged under the general impairment section of the DUI law. Additionally because he did not take the test the law says that your license will be suspended for... Read more »

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Can I get in trouble if I call the police on a dealer that came to my hotel and stole everything of mine when I slept

I gave him money got the stuff but when I passed out he took EVERYTHING. TOILETRIES AND ALL.

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

U would suggest you contact an attorney who handles criminal defense as it's a case where 1) yes you can make the call but 2) explaining why could implicate you.

However, the big problem I see is that unless you know who it was who took your things, for sure not guessing, the Police...
Read more »

1 Answer | Asked in Car Accidents and Civil Rights for Pennsylvania on
Q: I was in and accident me and the driver resolved it without police someone did call cops and they came to make a report

We then got in our cars and left few days later I get a ticket for not having a license

Peter N. Munsing
Peter N. Munsing answered on Jun 22, 2021

Not sure of your question. If you didn't have one, you can be ticketed for that even if you were not at fault. However if you were not at fault and injured, you need to protect yourself and your access to care by seeing a doctor--the medical benefits in a wreck last for 4 years plus, no... Read more »

Q: Can I refuse a PCR test for “COVID” before surgery? The test cannot detect infectious disease and there is class action

The hospital is trying to force me to get a PCR test before a surgery. There is currently a class action lawsuit being filed by Dr. for Crimes Against Humanity as the maker of this test Kary said it cannot detect infectious disease. I do not consent and I need surgery. There is no law that people... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

A hospital isn't obligated to operate on anyone who doesn't follow their protocols. You can ask for a different hospital but none of them are required to abide by your concerns. You have no Constitutional Right that forces anyone to give you medical treatment, especially under your terms.... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: What is the legal statue on filming a minor at a public park in Pennsylvania with out parental consent?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 11, 2021

Simply video taping in a public place, even a minor, is not in and of itself a crime or cause of action. Consent or permission would not be required. However, if the video tape were being used for some illicit purpose, sexual gratification, or was taken in a place where the person who had a... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation, Civil Rights and Sexual Harassment for Pennsylvania on
Q: Verbal and sexual harassment at a union job. Terminated after filing sexual harassment complaint.

Here are a few bullet points of what occurred:

1. Verbal & Sexual Harassment

2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.

3. Vehicle... Read more »

Timothy Belt
Timothy Belt answered on May 6, 2021

In regard to bullet point 4 only, assuming you reported the injury within 120 days, and a period of less than 3 years has past since the date of injury, you may still have a claim for workers' compensation benefits which may provide payment of medical as well as wage loss benefits despite your... Read more »

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1 Answer | Asked in Civil Rights for Pennsylvania on
Q: I filed a complaint with the EEOC 12/16/19. The EEOC transferred my case to New Jersey Division on Civil Rights, 6/2020.

The investigator from the New Jersey Division on Civil Rights has been investigating since September 2020. I reached out to her January 4, 2021 to request a status update. She responded that she in the process of working on my case and setting up appointments with Respondent. And that she will be... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

It may be they are understaffed it may be long. You can consult an attorney who handles EEO matters. If the employer is in New Jersey, you will want a New Jersey attorney. Contact the New Jersey Assn for Justice--and ask for an employment law attorney. They give free consults.

2 Answers | Asked in Criminal Law, Civil Rights and Health Care Law for Pennsylvania on
Q: Can a cop detain me in cuff in my own house when I was not violent or yelling; I was eating. They also injured me.

The one cop was very aggressive and used unnecessary force and illegal detainment. now they want to charge me with BS to coverup their mistake due to them on ego trip.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 7, 2021

The problem with your question is that it lacks the context needed to answer. Why they were in your home matters. For instance, many police departments will cuff a person when they are executing a search warrant. Your simply stating "you are not violent" doesn't mean that you... Read more »

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1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: Do I have to provide opposing counsel with documents that have nothing to do with the pending case.

My case is for equal pay and retaliation and now after providing excessive amounts of documents, opposing counsel is requesting access to all of my medical records. There is nothing medical related to the case therefore do I have to see sign the HIPPA release?

Timothy Kraeer
Timothy Kraeer answered on Nov 11, 2020

Typically, you do not need to provide medical records if your medical condition is not part of your claim. Realistically, an attorney would need to know more about your case to determine if there is any reason to obtain your medical records. If you do not provide a signed HIPAA authorization, they... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Pennsylvania on
Q: How does one find contingency lawyer?. I'm pro se in Federal civil rights case. Judge/neutral evaluator agree strong

I'm the plaintiff in a current case against a municipality, the judge and the nuetral evaluator have suggested that I find a contingency lawyer as I have a strong case. We are currently in the process of filing depositions. Held in the Western District state of PA

Tim Akpinar
Tim Akpinar answered on Aug 25, 2020

A Pennsylvania attorney could best guide you, but your question remains open for four weeks. You could use the Find-a-Lawyer tab above to find someone, or you could search online independently. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Pennsylvania on
Q: Did the police legally search my car?

I was pulled over tonight and the officer said he wanted to administer a sobriety test based on the fact that my pupils appeared to be dilated. I informed him I was taking prescription medication yet he gave me the test anyway, told me I didn’t “really” pass and said that was probable cause... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 13, 2020

Here is the thing, prescription drugs can make you illegale to drive if you ate under the influence. Whether or not he had probable cause to believe you have controlled substances is certainly arguable. If you appeared impaired and admitted to taking medications one could certainly argue he had... Read more »

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.

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