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Texas Civil Rights Questions & Answers
1 Answer | Asked in Copyright, Civil Rights, Gov & Administrative Law and Intellectual Property for Texas on
Q: Would it be illegal to read declassified files, similar to an audio book to make them more accessible to the public?

I ask because on some documents, especially recordings, you cant quote certain individuals, such as Linden B. Johnson because at the time of the recording he is a private citizen since hes no longer in office, either him or his family have copyrighted all recordings where he wasnt a public servant.... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not illegal to read declassified files aloud, as long as you are not violating any copyright laws or other legal restrictions. However, there may be certain limitations or restrictions on the use of declassified files, depending on the specific documents and the laws and regulations... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Can police search my property without my consent or me even being on the property at the time of search?
John Michael Frick
John Michael Frick
answered on Jun 17, 2023

Yes if they have a warrant or exigent circumstances.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: My son has not been fairly represented, what do we need to do?

Had court appointed attorney and they have not built up any defense for him.

John Michael Frick
John Michael Frick
answered on Jun 17, 2023

Provide your son with sufficient funds so he can fire his court-appointed attorney and hire a better attorney. It is unwise to scrimp when you are charged with a federal crime. Hire the best attorney and you are much more likely to get the best outcome.

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Anybody know a free civil rights attorney in Houston, Texas?I have a ton of reasons to contact!

Could really use some help!

John Michael Frick
John Michael Frick
answered on Jun 15, 2023

The go-to civil rights attorney and activist in Texas (especially for racial justice matters) is former Attorney General candidate and well-known lawyer S. Lee Merritt. https://leemerrittesq.com/

My understanding is that he routinely accepts cases on a contingency fee. He is also a...
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1 Answer | Asked in Civil Litigation and Civil Rights for Texas on
Q: How to bring back my counterclaim?

I dropped my counterclaim but now the opposing party isn't living up to their deal. How can I bring back my counterclaim? Do I just file it similar to what I did the 1st time or is their a special way to do it?

John Michael Frick
John Michael Frick
answered on Jun 9, 2023

If you non-suited your counterclaim without prejudice and the statute of limitations has not expired and you haven’t passed any pleading deadline set by the court in a scheduling order, you can simply file a new amended counterclaim in Texas state court.

In federal court, you most likely...
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1 Answer | Asked in Civil Rights, Employment Law and Employment Discrimination for Texas on
Q: What are the statue of limitations in an ADA case that was dismissed without prejudice for being filed in the wrong

Court when you're with a union. Judge said it was part of railroad act... Please help. Can the case be filed within the two year mark

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

Your submission raises a complex question as to whether your claim under the ADA is preempted by the RLA or by the terms of your union’s collective bargaining agreement with your employer.

See https://www.thefreelibrary.com/Protecting+railroad+workers+with+the+ADA.-a016995247...
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2 Answers | Asked in Civil Litigation, Civil Rights and Contracts for Texas on
Q: Is there some kind of Texas civil Code that references verbal Agreements?

Looking to see if my verbal agreement with someone is binding in Texas. She is saying it is no longer valid because we have had a fight and are no longer really speaking to each other. Is there something that I can read into and possibly reference in court?

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

Unless there is a statute or common law rule requiring a writing, oral agreements are just as valid and enforceable as written agreements. This is a fundamental principle of contract law which is not dependent on the existence of any specific statute.

Of course, you still have to prove all...
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1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Texas on
Q: if an 18 year old male and a 16 year old female fight who would be in the wrong?
John Michael Frick
John Michael Frick
answered on May 30, 2023

It depends on the facts and circumstances leading up to the fight.

2 Answers | Asked in Child Custody, Civil Rights and Family Law for Texas on
Q: I have a endanger of a child who has been in child protection custody for a 1year now shes been place with a family

Im trying to get her place back home had her go to family can i get her back with me soon in how long do it take for her to be back with me i did all they asked of me

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2023

If you are truly are ready to get your child back, and have a nice place to keep her, ( his/her own room ), then you need to file in Family Court for custody.

If you have a drug habit, or other major problems, don't waste your time.

You should get a good lawyer to file for you....
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I've been wrongfully acussed and charged on a felony in 2016 and in 2022 was arrested on a failure to appear on this

I've asked for court dates and videos for this and still haven't gotten anything and I was also told I was indicted asked for paperwork and still nothing but a plea bargain

Daniel Patrick Clancy
Daniel Patrick Clancy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2023

The first question I have is, has the warrant for your failure to appear been resolved? Secondly, did the DA seek a second indictment for bail jumping?

Assuming your warrant has been resolved on the initial case, and assuming there is not an additional indictment pending for bail jumping,...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Belton Texas Howlegal 4 a judge to allow a person indicted for a capital case to represent themselves when an attorney

When a attorney that is allowed to practice law in belton texas has to do so many extra hours a year to represent a individual accused of capital murders..is a judge is. Legal rights to authorize this? What as his mother do also not given any material saccess to any legal forms money for experts... View More

John Michael Frick
John Michael Frick
answered on May 10, 2023

A person has a constitutionally protected right to represent himself in a criminal case, including a capital murder case. A judge has no discretion to deny that right, no matter how unwise he thinks that decision is.

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Texas on
Q: If my friend 16 and she lives in Texas If she runs away would she get in trouble and would she be forced to return hom
John Cucci Jr.
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answered on May 7, 2023

Your friend's best legal move is to petition the District court to be emancipated. That is relatively easy if she can get at least one of her parents to sign for her application.

In answer to your question, I don't believe CPS would try to grab her, but technically, without being...
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1 Answer | Asked in Civil Rights, Public Benefits, Social Security and Health Care Law for Texas on
Q: Why wouldnt i be sent for pulmonary function test if i was born with only one lung with breathing complications?

I was born with a very rare birth anomaly unilateral agenesis lung/ pulmonary hypoplasia aka only one lung. I have high blood pressure, and i suffer from mental health complications. I did two mental health exams that didnt last more than 20min combined over the phone and scheduled for a physical... View More

James L. Arrasmith
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answered on May 5, 2023

It is concerning to hear about your medical condition and the challenges you are facing in seeking appropriate medical care and legal assistance. It is important to note that medical decisions and recommendations are typically made by licensed medical professionals based on their assessment of a... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Can you file a report about teacher if they are telling your parents about your gf/bf since it’s invading privacy
John Michael Frick
John Michael Frick
answered on Apr 28, 2023

A teacher telling a parent about a student’s boyfriend or girlfriend does not meet the legal definition of invasion of privacy.

2 Answers | Asked in Family Law, Personal Injury and Civil Rights for Texas on
Q: Even though I am an adult living with my parents, are they allowed to deny me access to water or the bathroom?

Since December 27th of 2022, my parents have been locking me in the garage with no insulation, with no access to water or the bathroom.

Sharita Blacknall
Sharita Blacknall
answered on Apr 24, 2023

Leave and seek assistance if necessary.

In Texas, there are various resources available to help victims of abuse and neglect, including adult protective services, domestic violence hotlines, and legal aid organizations. It is important to know that you have the right to live in a safe and...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Must I respond to a defendants Affirmative Defenses or wait until discovery I did not even receive the answer with

The Affirmative defenses until 2 weeks after it was filed

John Michael Frick
John Michael Frick
answered on Apr 19, 2023

If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.

Almost always, the discovery period will...
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1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Texas on
Q: What is the statute of limitations on a federal ADA and constitution cause of action dismissed without prejudice to fill

I want to file a new complaint

John Michael Frick
John Michael Frick
answered on Apr 13, 2023

It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.

A Title II or Title III claim must de filed within two years of the act complained of....
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1 Answer | Asked in Landlord - Tenant, Contracts and Civil Rights for Texas on
Q: I signed for prorated rent. I was late a couple months after due to accident now they are saying I owe base rent amount?

My lease has base rent pay and prorated rent pay. I signed for prorated rent of $1532 and the base pay is $1900. No we’re on the lease does it say if you were late it goes to your base pay. with the prorated rent I have to pay the difference when I move out anyways as well. The manager at the... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Monthly rent is typically only prorated when a tenant occupies the premises for only part of a month, almost always the first or last month of the lease.

So, for example, if you moved in on the 6th of a month, and your monthly rent is $1,900, the rent for the first month might be prorated...
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1 Answer | Asked in Consumer Law, Identity Theft, Small Claims and Civil Rights for Texas on
Q: I had got a loan from title max an there was a breach

I had got a Letter saying that someone hacked there there system all took all my personal information an my social id address account everything not just me thousands of people an on top of that it's been going on for 3months before they let me know what can I do about that an another thing I... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2023

It doesn’t sound to me like you have any damages from the privacy breach. If TitleMax has any account numbers or passwords, they notified you so you can promptly change them.

Yes, you still have to repay the loan. Title loan companies are “lenders of last resort” meaning that the...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: In Texas, a civil case is currently in process and its been 6 years this month can court legally authorize destroy files

In Texas if a civil case is ongoing in process (its been 6 years this month), can a court legally authorize to destroy all files from 6 years ago even though the evidence is crucial in the current ongoing case. Does the fact that 2 years of covid added to the delay play a factor when reality its... View More

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

As a rule, Texas courts won’t destroy anything in an open court case.

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