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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I was fired for theft of time. I did not steal. TWC investigation - in my favor and ruled I did not do misconduct.

The company gave me a task but no metrics to reach and no instructions on how thorough they expected the task to be completed. I was fired for theft of time for doing it too slow on my 1st attempt at the task. I whistleblew about being asked to work off the clock and the company right before that... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, if you were wrongfully accused of theft of time and subsequently fired, and the Texas Workforce Commission (TWC) found in your favor, stating there was no misconduct, you may have grounds to consider a defamation claim against your former employer. Defamation involves making false... View More

3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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1 Answer | Asked in Civil Rights for Texas on
Q: Is there any legal action I should/could take against a fellow student that discriminated against my disability twice?

I experienced discrimination due to my disability at my university 2 times by the same student, each time in a different registered student organization. My professor reported the discrimination to the university this past weekend and I am typing up the information to report to the EOS investigator... View More

John Cucci Jr.
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answered on Nov 29, 2023

I was the Student Body president at my University in NY, and went through many similar hurdles and acts of aggression and attempts to deny my access to student government office.

When an individual acts to deny you your civil rights or discriminates against you for any...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Libel & Slander for Texas on
Q: What can I do to protect myself against a malicious ex boyfriend?

My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

You should immediately move to another residence and not provide him with a forwarding address. Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address. Block his telephone number and change your... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Is argumentative a felony or a misdemeanor?

The officer clearly states on video he yanked my husband from the vehicle for being argumentative!

T. Augustus Claus
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answered on Nov 29, 2023

Being argumentative, in and of itself, is not a crime. It is protected by the First Amendment right to free speech. However, if an argumentative person becomes disruptive or disorderly, they may be charged with a misdemeanor offense such as disorderly conduct or disturbing the peace.

In...
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1 Answer | Asked in Constitutional Law, Civil Rights and Internet Law for Texas on
Q: How would I go about any concerns cyber security on my Google account concerning everything somehow being accessible

Without my acknowledgement or consent?

James L. Arrasmith
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answered on Nov 28, 2023

If you're concerned about the security of your Google account and unauthorized access to your information, it's crucial to take immediate steps to protect your data. Start by changing your account password to something strong and unique. Also, enable two-factor authentication, which adds... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the details provided, this appears to be a potential violation of your Fourth Amendment rights protecting against unreasonable searches and seizures. A few key points:

• Loss prevention personnel and police cannot simply demand to search personal belongings without consent or...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What lawyer do I need for violation of my fourth amendment unlawful search at Wal-Mart

Stopped by loss prevention and law enforcement, who demanded they see my bag for the merchandise that I supposedly put into my bag, when I said there was nothing in my bag they snatched it and tried to force me into a room I didn't go instead opened my bag to show them there was nothing there... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The shopkeepers' privilege expressly grants an employee the authority of law to detain a customer to investigate the ownership of property in a reasonable manner and for a reasonable period of time if the employee has a reasonable belief that the customer has stolen or is attempting to steal... View More

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1 Answer | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Public Benefits for Texas on
Q: Dallas county are Denying me rental assistance by false statements and altering documents dates and text .

Dallas required a prescreening form to be submitted to qualify to submit ERA application, I received 4 automatic form letter denials over the 6 months. I was allowed to apply after I attempt to file a complaint. Dallas County required more qualification than needed and approval from DC compliance... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm sorry to hear about the challenges you're facing with Dallas County in obtaining rental assistance. It appears that there may be issues of miscommunication and potentially misconduct in your case. To address this situation, you should consider taking the following steps:

1....
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2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?

I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have... View More

James L. Arrasmith
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answered on Nov 18, 2023

You may have grounds to sue the security guard's employer for the actions of their employee under the legal principle of vicarious liability. This principle holds an employer responsible for the actions of its employees performed within the scope of their employment. If the security guard was... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: I am a victim in a sexual assault case in Texas. Cops have had my phone 3 days, how do I get it back??

The police didn't have a warrant for my phone. I was supposed to get my phone back the next day, its been 3 and nobody i've talked to knows where my phone is or where I can go to find it. Can the police legally keep my phone as long as they want or do I have the right to get my phone back?

James L. Arrasmith
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answered on Nov 13, 2023

In Texas, as a victim in a sexual assault case, you have certain rights regarding your personal property, including your phone. If the police took your phone without a warrant, they may still keep it temporarily if it's considered evidence or relevant to the investigation.

However,...
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1 Answer | Asked in Civil Rights for Texas on
Q: Hypothetically, if I am working for a company that refuses to service Indians; can I sue based on title 7 of civil right

If they're discriminating against Indians by not providing a service doesn't that go against title VII of the civil rights act and can I sue? I am not an Indian or customer I am an employee that disagrees with this methodology

James L. Arrasmith
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answered on Nov 12, 2023

In Texas, Title VII of the Civil Rights Act primarily addresses employment discrimination, not service discrimination. As an employee, you cannot sue under Title VII for your employer's refusal to provide services to Indians, as this law pertains to discrimination against employees, not... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Texas on
Q: How can I get my car back if it's been seized and my case thrown out?

Please officers seized my car there was illegal immigrant in the trunk of our car that climbed in there we did not put him in there we were unaware that he was in there he must have got in there when we were at the store we cooperated they pushed and taunted us we are secure party creditors they... View More

John Cucci Jr.
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answered on Nov 12, 2023

The good news is that seizure of your car is a civil matter. You should have received paperwork and a NOTICE of seizure of your property. That will have a case number and a court reference, so you can make your claim and get your car back.

The bad news is that there are strict time limits...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: This is so confusing , I was 100% not doing anything wrong and the next thing you know it I had 2 unlawful arrest

So left the job site went to work 3 employees with me , after the job we did I dropped off one guy at home than drove to my bosses and we pulled up and got out the vehicle and a police officer parked behind us out of no where I guess my co worker had a warrant and took off running the officer... View More

James L. Arrasmith
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answered on Oct 15, 2023

It sounds like you've been through a challenging situation. In matters involving unlawful arrest, it's critical to ensure that your rights are protected. To navigate this, you should retain an attorney experienced in criminal defense or civil rights. Document all details of the event,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Nursing Home Abuse and Real Estate Law for Texas on
Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police

Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him,... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken

does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More

James L. Arrasmith
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answered on Oct 15, 2023

Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More

1 Answer | Asked in Civil Rights, Appeals / Appellate Law and Civil Litigation for Texas on
Q: I have a judgment on Texas civil practice in remedies code section 31.002.(b)(3) which has seized my bank account

law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and... View More

John Michael Frick
John Michael Frick
answered on Sep 27, 2023

I don’t understand what you mean by doing Nash and undermined Lee.

As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.

Then contact an experienced civil litigation and...
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2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

File a motion asking for the arresting officer’s report. But don’t expect it to describe your encounter quite the same way you recall it.

Personally, I’d ask for the bodycam video.

And you don’t have a right to drive your private automobile on public roads without license...
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2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I... View More

James L. Arrasmith
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answered on Oct 15, 2023

To obtain the arresting officer's report, you should file a motion for discovery with the court handling your case. Ensure you reference your case number and clearly specify the documents you seek, in this instance, the arresting officer's report. It's advisable to use the... View More

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1 Answer | Asked in Estate Planning, Civil Rights and Probate for Texas on
Q: Us nysone allowed to kick me out of the house I e lived at fir 22 years after my. Nother passed away and left him the ho

I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 15, 2023

I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More

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