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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Personal Injury for Texas on
Q: I was detained for one hour, allegedly due to unregistered rental car. Looking for officer info to file a complaint.

I was detained and handcuffed for approximately one hour because the rental car from Alamo I was driving was allegedly not registered in Texas. The officer stopped me for an obscured license plate, but the registration issue led to my detainment. Alamo claims their car was registered, suggesting... View More

John Michael Frick
John Michael Frick
answered on Apr 23, 2025

You would need to identify the law enforcement agency or the officer who was involved in order to obtain records. There is no central depository or list of all traffic stops made throughout the state or within a particular region. Each law enforcement agency maintains its own records. You may be... View More

1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for Texas on
Q: Can I file a wrongful arrest suit against a Texas sheriff's office for denied due process during a 2.5-year incarceration?

I was arrested by Texas DPS on July 5, 2021, for failure to register annually, though I had registered over the phone with the Willacy County Sheriff's Office. Despite this, they claimed no record of my registration. During my two and a half years of incarceration, without due process or bond... View More

John Michael Frick
John Michael Frick
answered on Apr 21, 2025

You need to hire an attorney like F. Lee Merritt who has a lot of experience in civil rights cases against law enforcement. Most attorneys do not handle this type of case due to the very low probability of success and the limited damages available.

You may have a claim for compensation...
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2 Answers | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Is a TX protective order void without personal jurisdiction?

I had an attorney who filed a special appearance in a Texas court, arguing that the court did not have personal jurisdiction over me. Despite this, the court issued a final protective order against me based on false allegations of sexual abuse. Is this protective order void due to the lack of... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No, the order is not void, but it is potentially voidable. If your attorney filed a special appearance, the question of personal jurisdiction was presented to the court. It then became incumbent on you through your attorney to set your special appearance for hearing and to secure a ruling from... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: How to find out who my girlfriend's friend's lawyer is in a criminal case?

I'm trying to find out who my girlfriend's friend's lawyer is, as he has been incarcerated for over 30 days without being informed. He is involved in a criminal case. Despite several attempts by different people, including calls to the jail, no one has been able to get this... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

The jail staff probably does not know who the friend's lawyer is. In most cases, only the friend would know because the friend is the person who hired the lawyer.

If the friend has not hired a lawyer, you need to ask the friend whether he completed a form proving that he is indigent...
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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Texas on
Q: Is it legal for police to T-bone my car and eject me during a chase, causing lasting injuries?

I was involved in a high-speed police chase in September 2023 that started in Trinity County, Texas. During the chase, my vehicle was T-boned by a police officer's vehicle at an intersection, causing my car to crash into oncoming traffic. I managed to maneuver back into the correct lane, but... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2025

There is an entire body of case law concerning civil liability for motor vehicle collisions occurring during a police chase. There is no question that you will be legally responsible in full or in part for your own injuries and damages. It is, however, possible that police could also be legally... View More

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3 Answers | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: How to update address with Houston court for 1983 case settlement?

I filed a 1983 civil rights complaint in prison and since my release, I haven't received any mail regarding the case. A settlement is being paid out, and I need to notify the court of my change of address to receive the payments. I have a week left to notify the court. How can I update my... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 27, 2025

If you have the case information or case #, you can call the clerk of the court to get the address to mail a change of address. There is also a system called PACER, which is the update and filing system used by the Federal courts.

Try both ways I have explained, and you should be able to...
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2 Answers | Asked in Civil Rights, Domestic Violence and Family Law for Texas on
Q: How can I stop my ex from harassing me with false common law marriage claims in Texas?

I lived with my ex-fiancée in Texas for about eight months, and we were engaged for two months. We filed joint taxes under her insistence, but I later amended them to reflect my single status. After breaking up, she has continued to harass me, making false claims that we are married through common... View More

John Michael Frick
John Michael Frick
answered on Mar 25, 2025

The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.

The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a...
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2 Answers | Asked in Civil Rights, Consumer Law, Internet Law and Landlord - Tenant for Texas on
Q: Targeted by cyberbullying and harassment for three years: seeking legal actions in Texas.

I have been targeted for cyberbullying and organized harassment over the past three years. Specific individuals and groups have been identified, and I reported this to the Houston Police Department, IC3, and my previous apartment manager. The police issued a case number but said my case isn't... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

You theoretically can sue those responsible if the cyberbullying, harassment, and stalking satisfy the elements of a cognizable legal theory of recovery.

These tend to be very difficult cases to prove. In addition to proving the bad acts and exactly who committed them, you should...
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2 Answers | Asked in Civil Rights, Constitutional Law, Appeals / Appellate Law and Civil Litigation for Texas on
Q: Seeking options for pro se Fair Housing Act case vs. City of McLendon Chisholm.

I am Rhonda K Davis, representing myself pro se in a case against the City of McLendon Chisholm and multiple defendants, filed under case number 3:2023cv01994 in the U.S. District Court for the Northern District of Texas. My complaint involves issues under the Fair Housing Act, including fake... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More

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2 Answers | Asked in Divorce, Domestic Violence and Civil Rights for Texas on
Q: Can police allow husband with domestic violence indictments to take my belongings and firearms during divorce?

I filed for divorce, and it is currently pending in court. My husband, who has two indictments for domestic violence, initially took most of the household items with police assistance, leaving only the basic furniture. Later, I was informed by dispatch that he would return with two officers to... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2025

No, police do not have the authority to allow your husband to take your firearms and personal property. They are only authorized to do a “civil standby” to prevent violence when your spouse is removing firearms and personal property he claims as his.

In your pending divorce case, you...
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3 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Was my arrest illegal due to lack of warrant and vague charges?

I was arrested after an officer checked my ID and confirmed there were no warrants. I was told I had to stay for a state trooper to conduct an accident report, which never happened. I was later taken to jail for a warrant that the officers didn’t understand or have details about. They... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 9, 2025

I do believe that your arrest was unlawful, if there are no other facts applicable to the interaction and arrest.

In Texas, an arrest of an individual, without a warrant, is presumed to be unlawful. This presumption, is triggered in a criminal court case, when the accused files a Motion...
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3 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Was my arrest illegal due to lack of warrant and vague charges?

I was arrested after an officer checked my ID and confirmed there were no warrants. I was told I had to stay for a state trooper to conduct an accident report, which never happened. I was later taken to jail for a warrant that the officers didn’t understand or have details about. They... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

If there was in fact no warrant, it seems likely that your arrest was illegal. If there was in fact a warrant, then it is likely your arrest was legal.

It is not required that the officers "understand" the warrant or "have details about" it. It is not dispositive that...
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2 Answers | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Can I appeal my child's alternative school placement for declining a bag search?

My child was sent to an alternative school last week because she declined a search when she requested for a parent to be present, which was denied by the school. Despite her refusal, her bag was searched. Following this, she was placed in SDGC for 60 days. There is a student handbook, but my child... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

Theoretically you can appeal. You will need to prove that your child did not decline to allow the search. Asking for a parent to be present is irrelevant as that request was denied by the school, which the school has the right to do. It is similarly not important that your child was not aware of... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: What are my rights and limits when planning a protest at a Target store?

I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?

John Cucci Jr.
John Cucci Jr.
answered on Mar 5, 2025

If you are going alone, I would bring a video camera.

Your only concern is trespassing. If you protest in the form of "picketing" you can do so all you want. The key is to keep moving. As long as you keep moving, you can protest, carry signs, yell-out your grievances, and ask for...
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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: What are my rights and limits when planning a protest at a Target store?

I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

Many cities require special permits to protest. "Attempting to notify local authorities" is not usually sufficient. Usually, you must complete a form and submit it in advance of the planned protest and receive the permit. With the appropriate permit, you can protest on a public... View More

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2 Answers | Asked in Civil Rights and Employment Law for Texas on
Q: Discrimination concern about genetic disease during job interview in Texas

I applied for a director role, moving up from a manager position. During the interview process, I was told by the interviewer that I should cancel interviews if I'm not feeling well. When I asked for clarification, the interviewer suggested that my eyes appeared dilated or that I might have... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2025

In order to assert a claim for discrimination based upon a "disability," you would need to prove that the interviewer was aware of your disease, that your disease constitutes a "disability" (i.e. a physical impairment that substantially limits your ability to perform major life... View More

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1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Civil Rights and Family Law for Texas on
Q: Should I pursue bill of review or set aside default judgment due to ex-spouse's misconduct in divorce?

I found emails between my ex-husband and his attorney where they conspired to keep me unaware of court dates, acting surprised when I attended. On the final court date, which I found through an online search, I agreed in desperation to a $60,000 settlement due to financial constraints. My... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2025

You can pursue a bill of review if you can prove that your failure to appear or answer was the result of extrinsic fraud or official mistake without any negligence on your part and the time to pursue other remedies (like a motion to set aside the default judgment) elapsed before you first acquired... View More

1 Answer | Asked in Civil Rights and Health Care Law for Texas on
Q: Is this discrimination due to my legal blindness? (New patient paperwork issue)

I went to sign the new patient paperwork at a doctor's office, and I am legally blind with optical neuropathy. The nurse at the receptionist desk refused to help me fill out the paperwork and canceled and rescheduled my appointment for two months later. She handed me the paperwork and told me... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 24, 2025

I would have to say it is not a Federal civil rights violation. The main reason is that Federal Civil Rights Violations must include a federal right or entitlement, taken from you, or violated, by someone acting "under color of state law or state actor."

Thus, If you come in my...
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1 Answer | Asked in Health Care Law, Identity Theft and Civil Rights for Texas on
Q: How to address medical treatment denial and personal information hacking issues?

I have been experiencing a situation where a group of people have allegedly hacked into my information and interfered with my medical treatment. For the past 11 months, they have reportedly contacted medical facilities such as Odessa Regional Hospital in Odessa, TX, instructing them not to assist... View More

John Michael Frick
John Michael Frick
answered on Feb 24, 2025

First, you need to identify the people who have hacked into your information and interfered with your treatment. This is not the job of a lawyer. It could be the job of law enforcement or a private investigator who specializes in cyber security.

Second, you need to gather evidence of how...
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1 Answer | Asked in Civil Rights for Texas on
Q: Can a judge threaten me with 18 months of jail time if i refuse a data search of my phone? No warrant. Just an order.

I am not suspected of commiting a crime nor charged with a crime. I am victim of domestic violence. I have a reasonable expectation of privacy .

John Michael Frick
John Michael Frick
answered on Feb 13, 2025

Not out of the blue.

If you are a litigant in a case, or have been subpoenaed for discovery in a case, a judge can advise you that you could be held in contempt for violating a subpoena or court order and that the penalty for contempt includes jail time.

As an example, you mention...
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