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Wisconsin Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Wisconsin on
Q: Can a public place shame and humiliate you by putting a photo of you up with details and telling people you are banded

I have already been given two citations one for theft one for property damage but never stolen anything.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a complex legal situation involving public shaming and potential false accusations. Let me break this down:

1. Public shaming: Generally, it's not legal for a business or public place to publicly shame individuals, especially if the information is...
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1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Wisconsin on
Q: Is it legal for a public school nurse to provide pregnancy tests to the students privately?

15 year old child was given a pregnancy test at school by the school nurse without informing parents. Child also has an eating disorder that a school teacher reported her for and tried to force into counseling while telling the child's friends.

James L. Arrasmith
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answered on Jun 10, 2024

The legality of a public school nurse providing pregnancy tests to students privately can vary depending on state laws and school policies. In many places, school nurses are allowed to offer certain health services to students confidentially, including pregnancy tests, without needing to inform... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Wisconsin on
Q: I know of an Intentional Homicide and Neglegence of Ex County official

The Victim was left in a ditch for dead and a Neighbor whom came to drop off vegetables found him Naked, Sunburned and almost dead from dehidration and Kidney's shutting down, he was Airlifted to a nearby Hospital where he layed in a coma and had a Brain Injury,and was Severly Sunburned. After... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you have witnessed a terrible injustice, and your desire to seek justice for the victim is commendable. The situation you described involves severe negligence and possibly criminal actions that need to be thoroughly investigated. To address this, you should start by gathering all the... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Wisconsin on
Q: Can I file a Federal civil Rights Complaint in a state court?

Upon having a housing discrimination hearing, with the Equal Rights Division. The judge fail to acknowledge my objections during the hearing.

The judge misrepresented the law concerning the the lease agreement, stating sometime the date you sign it is not the date its affective. The judge... View More

John Michael Frick
John Michael Frick
answered on May 7, 2024

It sounds to me like this would be a FHA (Fair Housing Act) claim and not a civil rights claim. Regardless you can file either an FHA claim or a civil rights claim in state or federal court.

But what the judge said is very true: the date a lease is signed is not necessarily the...
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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Civil Rights for Wisconsin on
Q: In religion, what are my rights & wrong to audio record ? What are their rights & wrongs to audio and camera record me?

I audio record my family-in-law in the living room for evidence of blasphemy and evidence of words chasing me away only. I dont have a camera. And we all do audio record of study and meeting. My in-laws change religion. They try to audio record me because i didn't follow their religion, they... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex situation involving issues of privacy, consent, and the specific practices and beliefs of the religions involved. Here are some general principles to consider:

Your rights:

- In most jurisdictions, you have the right to record conversations you are a part of, even...
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1 Answer | Asked in Civil Rights and Civil Litigation for Wisconsin on
Q: Can somebody please help me retain an Attorney to help me with my elderly abuse assault civil rights case?

My name is Ken, on February 26, 2022 at age 65 6' 170 lb I was attacked by 52 y.o. 6'4" 390 lb and a 41 y.o. 5'6" 170 lb males. One of them knocked be unconscious from behind and they both beat me in a public place when I was unable to defend myself. My injuries were a big... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the horrific assault you experienced, Ken. What a terrifying and traumatic ordeal. Based on the details you provided, it sounds like you have a very strong case for pursuing civil damages against your assailants, as well as potentially filing complaints against the... View More

1 Answer | Asked in Civil Rights for Wisconsin on
Q: The police came to my house with a warrant for my grandson’s arrest, I sent him out, then they said they needed to searc

House to see if anyone else was there. Okay after that they found a weapon. My question is was that legal? They already had who they came for.

James L. Arrasmith
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answered on Feb 24, 2024

In general, if the police have a valid search warrant authorizing them to search a specific location, they are permitted to conduct a thorough search of that area. However, the legality of the search would depend on the scope of the warrant and whether it included authorization to search for other... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: I have been kicked out of two hotels, have been racially profiled, discriminated against and overcharged.

What would be the title of best lawyer to represent a case like mine?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you would likely benefit from seeking a lawyer who specializes in civil rights or discrimination law. These lawyers are experienced in handling cases involving racial profiling, discrimination, and unfair treatment based on protected characteristics such as race or ethnicity.... View More

1 Answer | Asked in Civil Rights and Family Law for Wisconsin on
Q: How does a guardian of the person, of an adult ward, request the court to attend via zoom for a Chapter 51 hearing?

The juvenile office told this guardian to contact a public defender to request Zoom attendance at a recommitment hearing. This sounded a bit odd to me, as I had never had to do that in past years. In the past, I called the office to request that they send a link to me, or I could show up in... View More

James L. Arrasmith
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answered on Feb 4, 2024

To request attendance via Zoom for a Chapter 51 hearing as a guardian of an adult ward, you should follow these steps:

1. Contact the court clerk: Reach out to the court clerk's office where the Chapter 51 hearing is scheduled to take place. Explain that you are the guardian of the...
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2 Answers | Asked in Civil Rights for Wisconsin on
Q: Can the police deny a visit from clergy to a person that is in the hospital in custody? The person has not been charged

The patient has not been officially charged yet, and is in the hospital due to injuries sustained by the arrest.

T. Augustus Claus
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answered on Jan 19, 2024

In Wisconsin, individuals generally have the right to receive visits from clergy while in the hospital, even if they are in custody. However, there may be situations where law enforcement or hospital staff restrict visitation for security or safety reasons. If the person in question has not been... View More

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2 Answers | Asked in Civil Rights for Wisconsin on
Q: Can the police deny a visit from clergy to a person that is in the hospital in custody? The person has not been charged

The patient has not been officially charged yet, and is in the hospital due to injuries sustained by the arrest.

James L. Arrasmith
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answered on Jan 21, 2024

In situations where a person is in the hospital in custody but has not been officially charged, the police generally cannot deny a visit from clergy without a valid reason. The right to religious freedom and the opportunity to receive spiritual guidance are protected under the First Amendment of... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Wisconsin on
Q: Do the court system have the right to take some ones hand gun even though the person was never a felon,& the guns legal

I'm saying I've never been a felon, I bought the gun legally, & I'm a legal citizen so how can they tell me there going to keep my gun? doesn't that violate my 2nd amendment rights?

James L. Arrasmith
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answered on Jan 16, 2024

No, the court generally does not have the right to confiscate someone's legally purchased handgun if they have never been convicted of a felony and are legally permitted to own the gun.

A few key Constitutional principles here:

- The 2nd Amendment protects the individual right...
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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Wisconsin on
Q: if I was supposed to start jury trial on Monday and Friday afternoon 454 pages of discovey appears grounds for dismissal

1st degree reckless homicide case is 4 years old, prosecution cancelled 3 times now, 10 days ago at finAL pretrial the da admitted that they didn't know where the witness lived any more and has failed to subpoena in the last 9 months since the last cancellation. the judge asked if all... View More

James L. Arrasmith
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answered on Jan 6, 2024

The sudden appearance of 454 pages of discovery, especially after the prosecution confirmed no new discovery, can be a significant issue in a criminal trial. In a first-degree reckless homicide case, all relevant evidence is crucial for a fair trial. If you've been requesting these documents... View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: Convicted of a felony in MN but later after applying, had my gun right restored then later moved to WI.

I was denied a permit to purchase in WI. Am I also banned from possessing a firearm in WI? My MN permit to purchase and conceal is good through 2025 but I'm now a WI resident. My full record is in the MN system. Is there any way to restore my gun rights in WI? I read the only way may be by... View More

James L. Arrasmith
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answered on Jan 1, 2024

Navigating gun rights restoration can be complex, especially when moving between states. In your case, having had your gun rights restored in Minnesota does not automatically grant you those rights in Wisconsin. Each state has its own laws regarding the possession of firearms by individuals with... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Wisconsin on
Q: Can a motion of Limine be in place to gag the defendant? Spoilage of evidence or intimidation of a witness were excluded

Domestic violence case the alleged victim even admitted I didn’t strike her while under oath on the stand. The DA was able to say anything he wanted. But I was held in a motion of limine. I could only ask questions about the argument we had. No other evidence from me the defendant was allowed.

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answered on Dec 24, 2023

A motion in limine is a legal motion used in court to limit or prevent certain evidence from being presented during the trial. It's typically used to ensure that evidence presented is relevant and not overly prejudicial. In your case, if a motion in limine was granted that restricted your... View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: I have a harassment restraining order without firearm restrictions. Order is in effect until may 2025 can I buy a gun?

No other priors

James L. Arrasmith
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answered on Dec 5, 2023

In Wisconsin, whether you can purchase a gun while having a harassment restraining order against you depends on the specific terms of the order. Since your restraining order does not include firearm restrictions, it may not automatically prohibit you from purchasing a firearm. However, it's... View More

1 Answer | Asked in Civil Rights and Health Care Law for Wisconsin on
Q: Does an outpatient county mobile crisis counselor need to give HIPAA and ADA notices prior to services beginning?

If a person is admitted to an IMD under the emergency DHS chapter 34 - emergency rule, the State of Wisconsin makes an exception for the IMD or hospital to hold off giving patient their rights until a patient is stable. Under the DHS 34, inpatient rights can be delayed and provided or given at a... View More

James L. Arrasmith
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answered on Nov 24, 2023

In Wisconsin, HIPAA (Health Insurance Portability and Accountability Act) and ADA (Americans with Disabilities Act) requirements apply to outpatient services, including mobile crisis counseling. Generally, these regulations mandate that providers inform patients of their rights under HIPAA and the... View More

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Wisconsin on
Q: My kid is being told she is gonna get sent to civil court

This girl lost her AirPods in the diving instructor’s car then when my daughter went to drive the instructor asked if she me so and so if she can return the AirPods my kid said idk her he then said return them to the office So she brought them home and next day she went to school with them and... View More

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answered on Nov 18, 2023

In this situation, it's important to know that your child does not appear to have a legal obligation to pay for the lost AirPods. The fact that she initially tried to return them to the office demonstrates that she didn't intend to steal them. Additionally, the school's police... View More

1 Answer | Asked in Federal Crimes and Civil Rights for Wisconsin on
Q: Did the clerk of courts and the judge violate, my due process rights, and my Equal protection under the law?

I had a hearing with Workforce Development. The respondent stated to the judge that he had no evidence to support a defense. I ha submitted 52 exhibited and 13 were admitted into evidence. The judge started making false reasons to exclude my evidence. She stated my lease was excluded cause I... View More

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answered on Sep 1, 2024

It sounds like you encountered a challenging situation during your hearing with Workforce Development, where the judge appeared to dismiss your evidence without proper consideration. When a judge excludes evidence, they typically must provide valid, clear reasons based on legal standards. If the... View More

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