COVID-19 Civil Rights Q&A by State

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COVID-19 Civil Rights Questions & Answers
3 Answers | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for California on
Q: The County of Los Angeles mandated their employees to be vaccinated during Covid, but never enforced the policy.

Do those of us who were vaccinated due to fear of termination have grounds for a lawsuit against the County of Los Angeles?

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2023

The County had the legal right to have such a requirement, so there is nothing unlawful about requiring you to get the vaccination. The fact that the employer did not enforce its own rule is not something you can sue about. And you have not indicated that you have suffered any legally... View More

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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My boyfriend is in jail in San Francisco he has serious health issues and more than half of the other inmates in his

His unit have covid and if he gets sick he can die

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

I'm sorry to hear about this difficult situation. It would be prudent for your boyfriend to communicate his health concerns to the jail's medical staff immediately and request to be isolated from other inmates to protect his health. Moreover, you might consider reaching out to a local... View More

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA?

What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of... View More

Louis George Fazzi
Louis George Fazzi
answered on Jun 2, 2023

In the case you are describing, you probably have two years from the date of the first harassment within which to bring legal action. It is suggested that you prepare a chronology of the events, explaining who, what, when, where, and how the harassment took place, and supplement that with all the... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Leland Hulbert
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Leland Hulbert
answered on Jan 1, 2023

The right to speedy trial is within 180 days if you’re being held on another case. If you only have one case and you agree to continuances then you’re right to speedy trial is not invoked. You need to talk to your attorney. On circuit court trials they typically take 1 to 3 years. Covid has not... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for Minnesota on
Q: Can Minnesota residents be fined today, for not wearing a face mask back in the 'Peacetime Emergency' times?

Hello

Even though as of today those various COVID mask requirements and executive orders in Minnesota have expired, can someone be still fined, if for example this person was recorded and identified on video visiting a bar or restaurant without a mask back in 2020, during 'Peacetime... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 16, 2022

Because Minnesota Statutes §609.735 CONCEALING IDENTITY, appears to make wearing a mask "to prevent spread of disease" (as opposed to "medical treatment"), in public, a crime; I would challenge any attempt to enforce an "executive order" to the contrary. I've... View More

Q: I am pregnant and my employer tells me I must take a covid-19 booster to keep my employment. Recommendation options?

I voluntarily took the vaccine last year before my pregnancy. Now that I am pregnant I do NOT feel safe taking any booster shots. There is no guarantee or evidence that can prove my unborn child will be safe from it and that my child won't have any health or medical complications from it now... View More

Maya L. Serkova
Maya L. Serkova
answered on Feb 8, 2022

If you have a closely held religious belief that prevents you from taking the vaccine, you will need to present that information to your employer. But keep in mind whether you claim a medical or religious exemption, the accommodation is still not automatic. The employer should try to accommodate... View More

4 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can my job force me to get a COVID-19 vaccination?

I am a remote worker based out of Tampa, Fl. I am assigned to a medical center in Barre, MA. I am actively trying to become pregnant and there is not enough data on how COVID can affect my pregnancy or child. Not to mention long term affects of the vaccine itself. As a healthy 30 year old female... View More

Jay P. Lechner
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Jay P. Lechner
answered on Nov 18, 2021

To clarify the previous responses, the Florida legislature has passed a bill that will prohibit a private employer from imposing a COVID-19 vaccination mandate for any full-time, part-time, or contract employee without providing individual exemptions that allow an employee to opt out on the basis... View More

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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: I’m a federal employee and going to refuse the vaccine mandate. If fired, will this violate laws meant to protect me?

Vaccine presidential mandate.

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2021

Mandatory vaccination is lawful. It has been since 1905 when the US Supreme Court issued its opinion in Jacobson v. Massachusetts. That decision, although old, has been cited to over 800 times and recently by our US Supreme court in the last two years. You will have no recourse if you refuse to... View More

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3 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: How do I request an exemption?

My employer has switched from voluntary to mandatory vaccination offering religious/medical exemptions.

Neil Pedersen
Neil Pedersen
answered on Sep 6, 2021

If you have a medical condition that prevents you from taking the vaccine, get a doctor's note indicating as much and present it to your employer.

If you have a closely held religious belief that prevents you from taking the vaccine, you will need to present that information to your...
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1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for Texas on
Q: My father got covid in jail! Can I sue the jail? Or state?

My father test positive for Covid! 2hours after he was released from county jail! He was wearing the same mask he got booked into jail with. 18days with the same mask! I asked and requested that he get a new mask or if I could bring any in. SEVERAL TIMES!!! Was told “I’ll get him one” spoke... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 1, 2021

You can sue anyone for almost anything but that doesn't mean you can win. A lawsuit like this would never be a matter of Criminal Law even though it involves the administration of the county jail. This would be a matter of Civil Law and may need to include some sort of Civil Rights argument... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for North Carolina on
Q: Do I have the right to NOT answer the ? if I have had the covid vaccine to my employer?

I agreed to still wear a mask but was told if I don’t answer the assessment questions then I cannot work.

Can they discriminate against me for that?

Kirk Angel
Kirk Angel
answered on May 22, 2021

You do not have to answer. However, the employer can terminate you for not answering.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Virginia on
Q: LANDLORD FILED AN EVICTION AFTER TENANT ASKED FOR COVID RENT RELIEF; RENT WAS STILL TIMELY. WHAT CAN I DO?

LL wont cooperate with Tenant in COVID Rent Relief Pgm (Reqd by Va and CDC Moratorium Rules)

Managed to get Eviction DISMISSED BUT:

How can I force them to cooperate with RRP before resource pool is depleted!

F. Paul Maloof
F. Paul Maloof
answered on May 1, 2021

The likelihood to force anyone to do anything these days is slim to none. You may be able to file a formal complaint against the landlord with the Office of the Virginia Attorney General in Richmond, VA.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... View More

John Karas
John Karas
answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Where can I find an attorney that will take a prisoners rights case that contains deliberate indifference?

The incident involves State prison and correctional health executives transferring over 100 prisoners from a Covid19 Hotspot to another facility that had no Covid19 cases. I was among those at the receiving facility who then became ill as a result of that transfer. The executives acted with... View More

Louis George Fazzi
Louis George Fazzi
answered on Apr 10, 2021

You can find many good law firms in and around Oakland and San Francisco who are experts in civil rights cases of the kind you describe. It seems you already have developed a good bit of evidence to support your case. I suggest you prepare a chronology of the events, if you haven't already... View More

2 Answers | Asked in Civil Rights, Consumer Law and Criminal Law for New Jersey on
Q: I am a victim of theft by deception $14K, i filed in township municipal court . is that the correct action.

2 desired outcomes i am looking for

- stop this crime from happening to others( looks like this contractor has already done this with many other homeowners in princeton, monroe,hillsborough,flemington,south brunswick )

- refund of my money

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2021

This is a Civil case that must be filed in Superior Court, Law Division. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home Improvement... View More

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1 Answer | Asked in Civil Rights for Michigan on
Q: Can I sue a hospital for discrimination?

I spoke to a few attorneys who told me that the law protects drs during this period due to COVID 19 to an extent anyway, however I am curious if they are protected against discriminating against their patients also? I was very clearly neglected and discriminated against but I can not get anyone to... View More

Brent T. Geers
Brent T. Geers
answered on Mar 23, 2021

Not sure you have a discrimination case so much as you might have a malpractice case. Your question does not make clear how you believe you were discriminated against; it sounds like the ER doctors made a medical decision. Whether opting not to perform surgery was the right call is something only... View More

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oregon on
Q: I have an eviction notice to be out the 12th. A sheriff will be here to remove me. I faxed in a motion to vacate today.

I am going to find the paperwork and wright avenue to file a lawsuit against the manager for harassment possibly slander and discrimination against a mental disability not providing reasonable accommodations to allow me to get what needed to be done done as well as falsifying accusations documented... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 10, 2021

I am not clear what you mean by having an "eviction notice" to be out on the 12th. Have you already gone to court and lost, with this Notice being from the court? Or is this the date on the termination of tenancy notice from your landlord? Most courts will not accept filings by fax... View More

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Texas on
Q: How can I get my money back from a lawyer I feel has done nothing since hiring him half a year ago?

I paid $3000 to a lawyer who assured me of good things. My husband even denied a plea bargain with the state because this lawyer said he would and he can get a better one. But now he never answers and the state wants my husband to do even more time now. He now even has warrants that he didn't... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 7, 2021

An attorney has an obligation to respond to his or her client, which in this case is your husband. Even if you were the one who originally retained the attorney, it should be your husband who is calling or texting. If you don't get responses in a couple of days then send an email. If you... View More

2 Answers | Asked in Criminal Law, Products Liability, Civil Rights and Federal Crimes for Texas on
Q: Envirox H2Orange2 Concentrate 117 Sanitizer virucide cleaner is what we spray our warehouse with against COVID-19.

On the back it says it’s a violation of Federal Law to use this product inconsistent with its labeling. It kills only 4 viruses being Herpes Simplex Virus Type 2, Influenza A2/Japan, HBV, and HIV-1. None of these are Coronavirus/COVID-19 related. Therefore being a violation of Federal Law and... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 6, 2021

No. That's not what use inconsistent with means. Who knows, the company may have consulted an industrial hygienist.

Also, to sue for damages you have to show you actually suffered something--not could have.

If you have a concern you may report it to your state OSHA or US Dept of Labor OSHA

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