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South Carolina Civil Rights Questions & Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Identity Theft and Landlord - Tenant for South Carolina on

Q: Hello my name is Taranika Can i sue the court for gross negligence. Because the judge never submitted a form four.

The judge order the defendant. To move me the defendant never moved me but they issued a rule to vacate but the judge nervous issued a form four but later Dismissed the case with prejudice after he granted negligence in court.

Gary Kollin answered on Jul 29, 2019

No.Judicial immunity

Q: Can a Home Owner's Association auction off a home without informing the owner who still has an up to date mortgage?

The owner says someone purchased his home at an auction. The person now has a foreclosure on credit report despite the fact the mortgage is current. What recourse does the individual have?

Gary Kollin answered on Jul 20, 2019

'/.

Not true. Was it a tax deed and not THE HOA?

Q: Was injured at Walmart while working for them just recently. 4 days ago let H R know about losing feeling in both hands

Yesterday 3 hours before my shift ended I was called into office and was told that due to a b s excuse they like to use I have to be terminated Now I don't know if I can get help with my situation and they are liable. I had been with them full time for over 2 years I have No insurance Please help

Tim Akpinar answered on Jan 15, 2019

Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.

Tim Akpinar

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1 Answer | Asked in Criminal Law, Civil Rights and Wrongful Death for South Carolina on

Q: Can I file a lawsuit on food loin my uncle got killed by the food loin security beating and slam him on his head and

Peter N. Munsing answered on Mar 5, 2018

Your uncle's family should contact attorney Carl Jacobsen in Charleston. Tell him I suggested you call.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for South Carolina on

Q: My mother passed away but didn't have a will. My step father's not giving me any of her things.

He still has everything except stuff he's taken out of house already am I entitled to any of her things. I took care of her care of her for 5 years before she died. But she didn't have a will

Taylor Silver answered on Sep 11, 2017

If she died without a will you are likely entitled to some of her estate. You need to speak to a probate attorney about your predicament as soon as possible to avoid possible loss of estate property.

1 Answer | Asked in Civil Rights and Criminal Law for South Carolina on

Q: I have a 15 year old harassing me. He comes walking by my house every day making gun noises, throwing rocks at my window

It's a everyday thing with him. Called police and all they have done was talk to the parents and the next day he's doing it again. What can I do I have 3 children one who is an infant

William Head answered on Aug 22, 2017

Video him, as he walks by. Get it with sound, to show the harassment. Then, play it for police. Show dates on video.

Once arrested, and under probation, he can be ordered to not come within certain distance of your property.

1 Answer | Asked in Civil Rights and Employment Discrimination for South Carolina on

Q: If a black and white employee are giving different punishments for same offense in workplace,would it be discrimination?

I am a black man and I was fired for something that other white employees do also. The supervisor didn't like me and wanted to put his buddy in my office. So, he found stuff to terminate me for,when we have been doing it that way for 8 years. Other managers have said they did the same thing,but... Read more »

Jeremy R. Summerlin answered on Jun 28, 2017

If you were treated differently from a white employee because of your race, you may have a claim for race discrimination. You have 300 days to file a charge of discrimination with the Equal Employment Opportunity Commission or else your claim is time-barred.

1 Answer | Asked in Civil Rights and Employment Discrimination for South Carolina on

Q: Union fails to get job back after firing. Presents a hush agreement with no return to job. Is this mis representation?

Company and union offer a hush agreement due to illegal firing . Does not give back full rights or job.

Jeremy R. Summerlin answered on Jun 28, 2017

If your termination was based on an illegally discriminatory reason, such as age, race, sex, or disability, you should contact the EEOC within 300 days of your termination to file a charge of discrimination. You can also contact a local employment lawyer for fact-intensive consult regarding your... Read more »

1 Answer | Asked in Military Law, Civil Rights and Criminal Law for South Carolina on

Q: I have been in the military for 20 years got a misdemeanor cdv in 1994 and it was pardoned in 2003 due to going to Iraq.

Now we have to get a concealed weapons permit. IS that going to be a problem for me? I am just confused on exactly what all a pardon restores.

Robert Donald Gifford II answered on May 20, 2017

The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for South Carolina on

Q: Ok I'm 28 yrs old and have lived with my gparents since 2001 when my mom got murderedyour Gmail wasy conservator N

As they got old my grandparents asked if I would quit my job to care for them for the remainder of their life's of which I did my uncle thats the only son out of 3 kids they had hasn't never done anything but been a drunk for them and we'll my question is since my grandma redone her will after mom... Read more »

Kenneth V Zichi answered on Feb 24, 2017

I am sorry to hear of your loss and the hard time you're having. Unfortunately, the ONLY way to transfer land is by a written instrument.

If there is no deed or will leaving real estate to you, you are unlikely to prevail absent some REALLY unusual circumstances. You might want to consult...
Read more »

1 Answer | Asked in Civil Rights for South Carolina on

Q: Can we sue the county probation department for false arrest?

In 2004 my husband was a police officer in NJ and he was found guilty of theft. (Long story, but it was political in nature.) He was put on probation and ordered to pay restitution.

In 2009 we moved to NC and his probation was transferred here. In 2014, his probation ended. He continued... Read more »

Robert Jason De Groot answered on Aug 31, 2015

I doubt it, but go see an attorney to learn more.

1 Answer | Asked in Civil Rights for South Carolina on

Q: What to do for being wrongfully Attrested

Got charged for drugs I didn't have that was in cop car when I been searched on camera

Andrew "Andy" Potter answered on May 6, 2015

Is there still a charge pending against you? If so, you cannot sue for being wrongfully arrested until the charges are either dismissed or you are acquitted at trial. Even then, you may have a difficult time making a case that you were wrongfully arrested. You need to hire an experienced... Read more »

1 Answer | Asked in Civil Rights for South Carolina on

Q: Is the questioning of a suspect in the presence of their supervisor, who is the accuser, a civil rights issue?

A person is mirandized and questioned by a criminal investigator in the presence of the suspects supervisors who are the accusers as well as a witness against the suspect. Is there a violation of Constitutional rights?

Andrew "Andy" Potter answered on May 6, 2015

No. Based upon what you asked, no. However, it never helps to talk with the police without an attorney. You need to hire an attorney immediately so he or she can protect your interests.

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