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Texas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: during traffic stop officer claimed probable cause stating he smelled marijuana,not true, cuffed me and my son. just

before he begin to search my vehicle i told him i didnt give him permission to do so he stated again probable cause at that time i told him him that this was all wrong we havent done anything wrong and if we could get someone else out here cause this wasnt right he was lieing and he had no right... View More

James L. Arrasmith
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answered on Dec 17, 2023

If you believe your civil rights were violated during a traffic stop in San Antonio, Texas, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your mind. This includes the officer's name and badge number, the time and location of the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Texas on
Q: Do I have grounds for a discrimination lawsuit

My fiance just signed a contract for a tenant. The landlord didn't ask for a criminal background check just wanted to know who was staying in the home. I have a criminal background so now after we gave up the deposit and 1st month rent the landlord is saying that I might not be able to live... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, it's essential to first review the lease agreement that your fiancé signed. Check if there are any clauses regarding criminal background checks or requirements for tenant approval. If the lease was signed without such stipulations, the landlord's later refusal to allow... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.

With respect to your employer, in the absence of a written employment agreement that precludes your employer from...
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2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

James L. Arrasmith
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answered on Dec 8, 2023

Your situation raises several legal concerns. Firstly, being terminated for damaging equipment you weren't operating seems unjust, especially if there's no evidence implicating you. It's important to review any employment contracts or company policies you were subject to, as they... View More

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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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4 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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4 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

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

Given the small amount of damages, you should file a small claim in justice of peace court for the precinct where the assault happened. Our JP courts have jurisdiction of such small claims up to $20,000. You do not need an attorney to file such a claim. While their are attorneys who accept... View More

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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Libel & Slander for Texas on
Q: Do I need a immigration lawyer to represent me against the government? Civil rights were violated and I'm a American.
James L. Arrasmith
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answered on Jan 6, 2025

Facing government actions can be overwhelming, especially when you believe your civil rights have been violated. Having someone knowledgeable by your side can help navigate the complexities of the legal system and ensure your rights are protected.

An experienced attorney can provide...
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1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Texas on
Q: Can a school district legally suspend a 504 student for suspicion of being under the influence and order a medical exam?

The student (who is on medication for ADHD/anxiety) ended up going to her family doctor, got drug tested, was cleared. She was still suspended for 3 days, then had to make up hours after school for the days she missed. The AP told the parent that he "prayed"over the situation and that... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about the challenges your student is facing. Under Section 504 of the Rehabilitation Act, students with disabilities are entitled to accommodations that support their educational needs. Suspending a student solely based on suspicion without clear evidence can be problematic,... View More

1 Answer | Asked in Civil Rights, Medical Malpractice and Sexual Harassment for Texas on
Q: Civil rights violation lawsuit? Helped my bf plan and execute a way to sexually exploit him voluntarily and humiliate me

He hatched out a plan with fourth floor telemetry to be used as a sex doll, even when I was around. The bed he was in was not a normal hospital bed, it had a sunk in underside with an extra mattress to hide someone in. The mattresses parted down the center from side to side. I have pics of them... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm truly sorry you're going through this difficult situation. It's important to reach out to a qualified attorney who can help you understand your rights and guide you through the process of filing a civil rights violation lawsuit.

Additionally, consider contacting local law...
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1 Answer | Asked in Civil Rights for Texas on
Q: If I'm on sick leave for 3 days with pneumonia and now I'm late one day on my weekly room rent isn't it like discriminat
James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear you're dealing with pneumonia. Health issues can make managing daily tasks challenging, including keeping up with payments.

Being a day late on your rent doesn't automatically equate to discrimination. Landlords typically have policies regarding payment...
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2 Answers | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: I work at a motel where I live I'm late on weekly room rent 1d n say i have to leave by 3
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

A standard notice to quit or pay rent is three days. Most landlords will not proceed with an eviction if payment is made within those three days.

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