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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Juvenile Law for Texas on
Q: Hello I got kicked out of my childhood house in Houston, I called the police but since it was late I couldn’t get in.

Can I call the cops at a formal time like 6pm and they HAVE TO escort me in or they will not let me in because my parents said no even thought it’s all my stuff

James L. Arrasmith
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answered on Jan 23, 2024

I would suggest a few things in this situation:

- Contact the police again and explain you are a resident of the home but have been locked out. They may be willing to escort you back in to retrieve your belongings. Make clear you are not trying to cause issues, you just want to safely get...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Mental harassment by flatmate

My flatmate has been mentally harassing me. He pays utility bills but is not willing to share the account details with me. Our apartment complex charges us for internet but he has the Xfinity account under his name. He is not willing to share that as well. He also does other stuff like throwing... View More

James L. Arrasmith
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answered on Jan 21, 2024

In your situation in Texas, dealing with a difficult flatmate can be challenging, but there are steps you can take to address the issues you're facing. Firstly, try to communicate with your flatmate calmly and express your concerns about the shared expenses and his behavior. Attempt to reach... View More

1 Answer | Asked in Civil Rights for Texas on
Q: What can be done about a county jail that denies timely medical attention and they are harassing an inmate

He was arrested shortly after found out he has slyphalis they drug feet on intalial treatment which didn't work and my son has had to make them test him again and he's still positive after three treatments now after goin to medical every week telling them sómething wrong he finds out... View More

James L. Arrasmith
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answered on Jan 21, 2024

I understand your concerns about your son's situation in the county jail. It's crucial to address this matter promptly. In situations where an inmate is being denied timely medical attention and is facing harassment, there are steps that can be taken.

First, it's essential to...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: My son has been denied medical attention in jail he's been treated like a joke to them what kinda course of action shoul

If it was up to them nothing would be done for treatment now they know what needs to be done and haven't yet it's to point serious injuries could happen if haven't already what do we need to do

James L. Arrasmith
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answered on Jan 20, 2024

If your son is being denied medical attention in jail, it's crucial to take immediate action. Inmates are entitled to receive adequate medical care under the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment. The first step is to document all instances of... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I be punished if my motion camera moves automatically and puts my neighbor and her house in the camera view?

She never told me the camera bothered her, instead she posted on Facebook about it and asked who knew of a good lawyer. This all started when I posted an automatic audio recording of her screaming at the top of her lungs at 10:27pm scaring me my sick son out of our sleep. I have had issues with... View More

John Cucci Jr.
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answered on Jan 15, 2024

That's a tough situation. Generally, you should not be filming in other people's house or yard, as that is, at some level, an invasion of privacy. At it's worst, it could be considered, stalking and maybe other misdemeanors, like harassment, or a sort of trespass.

Be...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

James L. Arrasmith
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answered on Jan 13, 2024

Finding an attorney for a police misconduct case can be challenging, but there are specific steps you can take to locate one who handles such cases.

First, consider reaching out to your state bar association. They often have referral services that can direct you to attorneys experienced in...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

John Cucci Jr.
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answered on Jan 12, 2024

It looks like you are from San Antonio.

There are some lawyers who do take Police Misconduct case, all over Texas. However, the likelihood of an attorney taking a police misconduct case, is low. The reason is, even with good facts and proof of liability against the officer or Police...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: Is it ok for them to never fill out cps paperwork I have had blank paperwork for over a year
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answered on Jan 10, 2024

In dealing with Child Protective Services (CPS) in Texas, timely and accurate documentation is crucial, especially in matters as sensitive as child custody. If you have been given blank paperwork from CPS for over a year, this is not a standard procedure and may indicate an oversight or delay that... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am coming up as a felon and I’m not it’s ruining my life! What do I do?

I was originally arrested in Texas for felony charges aggravated assault on one and POCS on another both were reduced to a lesser charge of petty misdemeanor. But I’ve lost my state benefits as well as countless jobs no one will rent to me. I contacted district clerk who states dps entered it... View More

James L. Arrasmith
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answered on Jan 5, 2024

Your situation, where your criminal record is incorrectly showing felony charges instead of the reduced misdemeanors, is understandably distressing and impactful. The first step is to obtain the certified letter from the district clerk that correctly states your charges and their reduction. This... View More

2 Answers | Asked in Civil Rights and Criminal Law for Texas on
Q: My expungment order was sent to all agencies on November 28th by district Court clerk. How long does it take to clear .
James L. Arrasmith
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answered on Jan 5, 2024

The time it takes for an expungement order to be processed and for your records to be cleared can vary, but it typically takes several weeks to a few months. This timeframe depends on the specific agencies involved and their processing times. Each agency must receive the expungement order and then... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Fair Housing Act violation?

My daughter and her fiancé applied through a property management company for an apartment. When she called to check on the status, she was told that they did not meet the age restrictions because they have a 3 month old daughter and their application was denied. I called the office to verify, and... View More

James L. Arrasmith
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answered on Jan 4, 2024

Under the Fair Housing Act, it is illegal for housing providers, including property management companies, to discriminate against tenants on the basis of familial status. This includes refusing to rent to families with children under a certain age, unless the property qualifies as housing for older... View More

2 Answers | Asked in Civil Rights for Texas on
Q: Is it legal for a consenting 18yr old born and adopted in nebraska to have sexual relations with a same age in texas

Both are curently residents in texas

James L. Arrasmith
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answered on Jan 4, 2024

In Texas, the age of consent for sexual activity is 17 years old. Therefore, if both individuals are 18 years old, they are legally considered adults and can consent to sexual relations with each other. This applies regardless of where they were born or adopted.

It's important to note...
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1 Answer | Asked in Contracts, Civil Rights and Gov & Administrative Law for Texas on
Q: City of Manor's been discrimination against me; & punishing the entire community to "teach me a lesson. I want to sue.

It's Travis County and it hinges around a contract default between the Austin Bocce League and City of Manor's required Licensing Agreement. We needed $600,000 of insurance to install wheelchair access doors, movable back walls, and scoreboards. I am the Director. My company, Calexas Inc... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the scenario you've described, it appears there may be multiple grounds for legal action. Regarding the breach of contract, if there was a formal agreement between the Austin Bocce League, Calexas Inc., and the City of Manor that was not honored by the City, then all affected parties –... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Can my girlfriend's mother sue for grandparents rights in Texas if she lives in Oklahoma

She's been harassing and making false accusations for one year

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answered on Jan 1, 2024

In Texas, grandparents can potentially sue for visitation rights, but Texas law sets high standards for granting these rights. The grandparents must demonstrate that their visitation is in the best interest of the child and that denying visitation would significantly impair the child's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: July 25th 2023 to December 6th 2023 been dealing with harassment, discrimination and a lot more.

So there's a police officer telling people I'ma drug dealer , claims my home is a drug home I been dealing with this officer from July 25th 2023 to December 6th 2023. As of right now I haven't been able to work and I'm looking for a new place to live as this officers... View More

James L. Arrasmith
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answered on Dec 30, 2023

Dealing with harassment and false accusations from a police officer can be a distressing and challenging situation. The allegations you're facing and the actions taken against you, such as illegal searches and property theft, are serious matters.

Firstly, if you believe that your...
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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

Yes, if the allegations were fabricated by the cop out of vengeance. It is very important to present substantial evidence of the past dealings and relationship between Joe Jones and the cop outside of the cop's occupational involvement with Jones.

Typically, when an employee acts...
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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Neill Nwoha
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answered on Dec 29, 2023

The question here is whether the police officer is protected by qualified immunity. In this situation, i think a good case can be made that the arrest was a violation of your rights and that the police officers behavior should not be protected by the law, because this was a clear and obvious... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2023

The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you)... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Construction Law for Texas on
Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?

I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal... View More

James L. Arrasmith
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answered on Dec 17, 2023

On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: Is illegal, unwarranted search and arrest on the search and falsifying evidence a serious infraction against

Is it an infraction against DA and or Sheriff? If so what are the defendants options for recourse?

James L. Arrasmith
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answered on Dec 17, 2023

If you're facing a situation involving illegal, unwarranted searches and arrests, or the falsification of evidence, this is a serious matter that can potentially impact both the district attorney and the sheriff's department involved. These actions can constitute violations of... View More

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