New Jersey Civil Rights Legal Questions

I think the person you hire to do the private autopsy, who can review the state's autopsy would be the person best qualified to see whether there were issues in terms of  negligent care. You may then wish to have the autopsy reports. There are also specially trained forensic nurses who have been trained to review records (hospital and autopsy reports) who will often be able to spot issues as to deficiency in care that may be able to assist you before bringing the case to a lawyer. Be advised that a lawyer who takes a medical malpractice case will also have to have the records reviewed by a doctor or nurse in the field in which the alleged negligence occurred to provide an affidavit of merit to certify as an expert that there has been a dereliction in the level of professional care. In other words that someone, doctor or nurse, etc. failed to meet the reasonable standard of care expected from that professional. Usually this means a board certified radiologist to comment on a radiologist's report, an orthopedist for an orthopedist, etc.... Read More

Did you have a contract or understanding with your father ? What role did each of you play in the work ? What work did Dad do ? If Dad was an actor and you were the director, then you would be paid accordingly. The actual work done is crucial in determining compensation. We should be able to help you if you and Dad cannot agree. Ed Dimon... Read More

I don't see that there are legal issues. You are not responsible to provide housing for him, and in fact, it is possible that if you continue to do so, you may have trouble getting him out of your house. However, the father has no business following you or taking your picture. You might want to consider reporting it to the police, and if you have pictures of him outside your home, or taking pictures of you or your family, use that as evidence against the father. But you can't force the young man's family to provide care. In NJ, although a custodial parent can sue a non-custodial parent for college tuition and expenses, the only case I know of where the student herself tried to force her parents to pay for her tuition (after moving out of the family home) was ruled against a couple of years ago. And I am not sure about the basement issue. Are you saying this is a punishment where the basement is unfinished or like a cell, or simply that they do not provide him with his own bedroom? Again, you don't have a legal responsibility to care for the child, but the father has no legal right to harass you for providing the son with shelter if he is over age 18.... Read More

There are statutes that do prohibit the unlawful hacking of emails and personal accounts. Case law on access to emails in the context of divorces and family law go back to White v. White 344 NJ Super. 211. There must be proof that the offender knew he or she did not have authorization to access those accounts.  The appropriate statute is NJSA 2A:156A-27. Since you indicate that this hacking occurred post-divorce and that there was no authorization or consent (for instance if you were still married and you did not password protect your emails, this would be considered consent), then you could possibly bring charges. If the hacking caused any kind of commercial damage (like accessing your credit card or bank accounts) it could be a crime of the third degree. If it is for non-commercial reasons it would likely be a crime of the fourth degree. You could try and file a complaint in your municipality. However, you need to be able to prove the hacking.... Read More

There are two issues. 1. Was there a HIPPA violation ? 2. How was your mother damaged by the violation ? We would research both issues and provide you with a written opinion regarding the merits of your mother's position. You must decide how much you want to invest in this analysis. Ed Dimon... Read More

This case is complex because you need a doctor to review the medical records and render an opinion that the required standard of care was not met. This is difficult to achieve in a normal situation. It may be impossible in a prison situation. We have used the former head of the prison medical system to review the records. The initial cost is significant. This may be $5000 for the review and analysis. Please call to discuss. Ed Dimon... Read More

You must have a driver's license if you are driving a vehicle. You do not need a driver's license for identification. You can use another from of identification. Were you driving a vehicle ? The second problem is the warrant for your arrest. You must heed the warrant even if the arrest warrant is wrong. You report to court and explain why the warrant is not correct. Please call asap to discuss. Ed Dimon 732-797-1600... Read More

Were you arrested ? Were you charged ? The employee statements to the police are crucial. The review of the video is crucial. The question is whether there was 'reasonable suspicion'to stop and question you. We need this information and the video to give you the proper answer. Please call to discuss. Ed Dimon... Read More

You should make a detailed written record of what you saw happen with the authorities at the facility. If you are unhappy with the investigation and recommendations, you can file a written complaint with the state licensing authorities. The state will then investigate. Your written record must be specific and detailed. Please call if you would like our help. Ed Dimon... Read More

The school situation makes the case more difficult to analyze. After the school shootings, the courts have opened the door to the psychiatric evaluation if there is the possibility of danger to the staff or other students. The analysis is fact sensitive. We did a similar case at Princeton. Please call if we can help. Ed Dimon... Read More