Civil Rights Legal Questions

Injuries from assault and issues regarding that arise within the work can give rise to assault cases against the perpetrator, cases against the employer, and potential workers compensation action.  Specific details of any assault, past history of the perpetrato, and workplace training and policies all should be reviewed.  Spefically, a civil suit for assault and battery against the perpetrator, and various causes of action against the employer may exist.... Read Answer

The key is proving the case. We can use our private detective to gather the written records and to taake statements from the witnesses. The detective will be able to establish what we can or cannot prove. The problem is that the cost for the detective and the record gathering and the analysis can be significant. You might spend $3500 to find out that the case cannot be proved. Ed Dimon 732-797-1600... Read Answer

The standard of care does not require that a doctor tell you about every possible consequence that you might incur as a result of a drug that you might get, only the most common and even that is very limited in what he must tell you. Since you claim that your body is "different" than most people, this adds even more difficulty in that he is not expected to know how your particular "different" body would react.... Read Answer

Why do they think you don't look like a student?  If it's because of the color of your skin, or something connected with your religion, or your accent, or simply because you're older, you may have a good case for discrimination.  If, on the other hand, it's because you drive a monster truck, or a limousine with tinted windows accompanied by people who look like the cast of the Sopranos, or dress like a homeless person and stagger around campus smelling like drugs and like you haven't bathed for weeks.... you have no case.  So, which is it?... Read Answer

The police use these "checkpoints' for DUI and for "safety evaluations'. The policy has been upheld by the courts. In reality, the 'checkpoints' do produce DUI convictions and safety viloations including 'suspended license' or 'suspended registrations'. We defend the accused every day. The policy is similar to 'wellness checks' if person is at home and neighbor believes person is 'troubled'. We had shooting and death following this policy. Ed Dimon 732-797-1600... Read Answer

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 90 days to serve a notice of claim in order to preserve your right to sue.  ... Read Answer

There is no legal issue here that you need the services of an attorney for. I assume that you went to the hospital voluntarily because you had psychiatric issues that you needed help for. When you go to  a hospital for psychiatric issues and a doctor determines that you might be a danger to yourself or others, the law gives the doctor to the authority to involuntarily commit you and provide short term psychiatric treatment until the danger has passed. This is what happened. I would not worry about the doctor. I hope that you are able to get treatment for whatever issues that you had in the first place that caused you to go to the hospital to seek medical help.... Read Answer

  Normally, a governmental entity has immunity pursuant to T.C.A. 29-20-205 which provides in pertinent part as follows: Immunity from suit of all governmental entities is removed for injury proximately caused by a negligent act or omission of any employee within the scope of his employment except if the injury arises out of:..(2) false imprisonment pursuant to a mittimus from a court..." However, I think that you might have a case if: (1) the arrest warrant should not have been issued against you but your brother; and (2) you would have to prove that the damages you suffered were directly caused by your arrest. You need to speak with an attorney.... Read Answer