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Showing results in New York for Civil Rights

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Lori Nevias
Probably yes. If this took place less than three years ago, it was a private facility, the abuse was serious, and it took place in the course of the staff person performing their job, the facility is responsible, and you may have a case.  If the facility was run by a government entity, you had... Read More
Probably yes. If this took place less than three years ago, it was a private facility, the abuse was serious, and it took place in the course of the... Read More
Lori Nevias
Find an apartment you like and don't mention anything about your dog or disability until after you sign the lease and move in. If the lease questionnaire asks if you have a pet, the answer is "no", and that's no lie. You don't have a pet- you have a service animal. Once the lease is signed, the... Read More
Find an apartment you like and don't mention anything about your dog or disability until after you sign the lease and move in. If the lease... Read More
Lori Nevias
You need to go to the police and make a report, and demand that an arrest be made. You can sue the school for negligent supervision but only if a notice of claim was filed with the court within 90 days of the assault. 
You need to go to the police and make a report, and demand that an arrest be made. You can sue the school for negligent supervision but only if a... Read More

Do I have a case against my childrens school?

Answered 3 months ago by attorney Lori Nevias | 1 Answer

Legal Topics: Civil Rights

Lori Nevias
If your children are injured at school, you must serve a notice of claim on the school board within 90 day of the injury, and start a lawsuit within one year and 90 days of the injury. If your son has been continually bullied, you may also have a case against the school, depending on the severity,... Read More
If your children are injured at school, you must serve a notice of claim on the school board within 90 day of the injury, and start a lawsuit within... Read More
Lori Nevias
Probably yes. NY Public Health Law section 1399 prohibits smoking in workplaces, defined as any indoor area in the control of an employer, and commercial establishments used for any profession and trade. The doctor's office lobby falls into the prohibition on smoking.  Put your complaint to... Read More
Probably yes. NY Public Health Law section 1399 prohibits smoking in workplaces, defined as any indoor area in the control of an employer, and... Read More

prisoner rights refused health care

Answered 4 months ago by attorney Lori Nevias | 1 Answer

Legal Topics: Civil Rights

Lori Nevias
You may have a very good case for money damages against the prison, for negligence and civil rights violations, due to the prison failing to allow the prisoner to seek treatment. if you can prove the delay in treatment negatively effected his prognosis- in other words, if it's now too late for... Read More
You may have a very good case for money damages against the prison, for negligence and civil rights violations, due to the prison failing to allow... Read More

Experienced in unlawful imprisonment by NYS

Answered 4 months ago by attorney Lori Nevias | 1 Answer

Legal Topics: Civil Rights

Lori Nevias
Wrongful imprisonment and false arrest are absolutely illegal, and if you were falsely arrested or detained for an extended period and then released with no charge, you might be able to sue for violation of your civil rights. Please provide more details. If you were wrongfully imprisoned by police,... Read More
Wrongful imprisonment and false arrest are absolutely illegal, and if you were falsely arrested or detained for an extended period and then released... Read More
Lori Nevias
Pet custody cases are increasing in number, and courts take them seriously. While courts consider many factors, if your husband can prove that he was the main caretaker for the dogs and paid all the vet bills, he will likely win, regardless of whether his ex wife shows up in court. However, I'm not... Read More
Pet custody cases are increasing in number, and courts take them seriously. While courts consider many factors, if your husband can prove that he was... Read More

Can I sue my land lord do to neglect ?

Answered 2 years ago by attorney Lori Nevias | 1 Answer

Legal Topics: Civil Rights

Lori Nevias
Your landlord has a legal obligation to keep your apartment habitable, and that includes fixing the conditions you listed. You can start an action (or hire a lawyer to start an action) to force him to make the repairs. You may be entitled to a rent reduction if the conditions are serious enough and... Read More
Your landlord has a legal obligation to keep your apartment habitable, and that includes fixing the conditions you listed. You can start an action... Read More

My 12yrs son was assaulted by a school aid

Answered 2 years ago by attorney Alena Shautsova | 1 Answer

Legal Topics: Civil Rights

Alena Shautsova
Did you file police report? DId you complain to the school administration?
Did you file police report? DId you complain to the school administration?
Elmer Robert Keach, III
For starters, you need to retain a good criminal defense attorney to help you defend against the criminal charges in question.  You may well have civil rights claims against the officers, but I would need a lot more information to be able to evaluate them, including a copy of the... Read More
For starters, you need to retain a good criminal defense attorney to help you defend against the criminal charges in question.  You may well... Read More
Elmer Robert Keach, III
Yes, at a minimum, your husband violated the Electronic Communications Privacy Act, which has criminal provisions attached to it.  It is unlikely the Federal government will take much of an interest in it, however.   You should obviously change your passwords. 
Yes, at a minimum, your husband violated the Electronic Communications Privacy Act, which has criminal provisions attached to it.  It is... Read More
Warren S. Hecht
Generally it is six years from the fraudulent conduct or two years from actual  discovery or time  that one reasonably could have discovered the fraudulent conduct
Generally it is six years from the fraudulent conduct or two years from actual  discovery or time  that one reasonably could have... Read More

can you sue using a cpl 440 motion.

Answered 3 years ago by attorney Warren S. Hecht | 1 Answer

Legal Topics: Civil Rights

Warren S. Hecht
A motion pursuant to CPL 440 is an attack on the validity of the criminal conviction. It is not the way to bring a civil lawsuit for  a wrongful conviction. 
A motion pursuant to CPL 440 is an attack on the validity of the criminal conviction. It is not the way to bring a civil lawsuit for  a wrongful... Read More
Scott Glen Cerbin
There is no federal rule on when a decsion must be issued.  I have seen it take weeks and in one case nearly two years.  
There is no federal rule on when a decsion must be issued.  I have seen it take weeks and in one case nearly two years.  

do

Answered 3 years ago by attorney Scott Glen Cerbin | 1 Answer

Legal Topics: Civil Rights

Scott Glen Cerbin
No.  That would be a Fourth Amendment violation.  There are limited exceptions however such as hot pursuit, exigent circumstances.  Unfortunatley state court judges do a very poor job of protecting citizens in this regard and will usually accept any basis given by the police for the... Read More
No.  That would be a Fourth Amendment violation.  There are limited exceptions however such as hot pursuit, exigent circumstances.... Read More

can i sue

Answered 3 years ago by attorney Alena Shautsova | 1 Answer

Legal Topics: Civil Rights

Alena Shautsova
Very possible.Consult with a civil rights attorney. 
Very possible.Consult with a civil rights attorney. 

90 day municipality complaint is almost over

Answered 3 years ago by attorney Warren S. Hecht | 1 Answer

Legal Topics: Civil Rights

Warren S. Hecht
A lawyer in the county is better than no lawyer.  You do not indicate the name of the county where it occurred. Obviously the more populace the county the less likely that you have to worry that  the attorney is chummy with county officials 
A lawyer in the county is better than no lawyer.  You do not indicate the name of the county where it occurred. Obviously the more populace the... Read More
Warren S. Hecht
is there any permanent effect to your health due to the delay. Is Felony DWI still pending ? When did this occur?  Have 90 days from date of incident  to file a notice of claim against municipality
is there any permanent effect to your health due to the delay. Is Felony DWI still pending ? When did this occur?  Have 90 days from date of... Read More

Can my neighbor sue me for 2nd hand smoking

Answered 3 years ago by attorney Scott Glen Cerbin | 1 Answer

Legal Topics: Civil Rights

Scott Glen Cerbin
Yes.  Your neighbor can bring a private nuisance action against you.
Yes.  Your neighbor can bring a private nuisance action against you.
Scott Glen Cerbin
You are eligible for a marihuana ACD (CPL 17056) on the first case.  You are also eligible for youthful offender treatment (which I would use on the second case if needed).  I think you will be OK but you need to stop getting arrested.  Eventually you will meet an unsympathetic judge... Read More
You are eligible for a marihuana ACD (CPL 17056) on the first case.  You are also eligible for youthful offender treatment (which I would use on... Read More

Civil Rights Restoration

Answered 3 years ago by attorney Scott Glen Cerbin | 1 Answer

Legal Topics: Civil Rights

Scott Glen Cerbin
A certificate of relief would restore your right to vote in NY.  I am not sure what if any effect it would have in FL but it seems to me it should be honored there as well. 
A certificate of relief would restore your right to vote in NY.  I am not sure what if any effect it would have in FL but it seems to me it... Read More
Alena Shautsova
You might. More info is needed.
You might. More info is needed.

how to get a prenuptial after being married?

Answered 3 years ago by attorney Alena Shautsova | 1 Answer

Legal Topics: Civil Rights

Alena Shautsova
It is called a post-nuptial agreement and yes, you both can enter into it after the marriage. Just hire an attorney to draft one for your needs/situation.
It is called a post-nuptial agreement and yes, you both can enter into it after the marriage. Just hire an attorney to draft one for your... Read More
Warren S. Hecht
For a federal civil rights claim three years. For a state claim against municipality you have to first file a notice of claim within 90 days of the incident. Then have an additional year to file a state claim against the municipality. You have one year to file a state claim against the... Read More
For a federal civil rights claim three years. For a state claim against municipality you have to first file a notice of claim within 90 days of the... Read More
Civil Rights
Every person has certain civil rights, granted to the by the U.S. Constitution, Bill of Rights, the Civil Rights Act of 1964 and other federal, state and local laws. Civil rights laws deal with a variety of topics, including human rights, women's rights, disabled rights and gay rights. Title VII of the Civil Rights Act, which bans employment discrimination on the basis of race, color, religion, sex or national origin, is one of the best-known civil rights laws in recent history. If your civil rights have been violated, a civil rights attorney can help you take legal action.
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