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New York Civil Rights Legal Questions

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86 legal questions have been posted about civil rights by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include discrimination. All topics and other states can be accessed in the dropdowns below.
New York Civil Rights Questions & Legal Answers - Page 2
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Civil Rights
New York

Recent Legal Answers

can you sue using a cpl 440 motion.

Answered 12 years and 2 months ago by attorney Warren S. Hecht   |   1 Answer
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

Motion for temporary restraing order and/or preliminary injuction.

Answered 12 years and 5 months ago by Mr. Scott Glen Cerbin (Unclaimed Profile)   |   1 Answer
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 12 years and 5 months ago by Mr. Scott Glen Cerbin (Unclaimed Profile)   |   1 Answer
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 illegal search.  Regardless of how incredible the story is and often even when the physical evidence contradicts the officers testimony. They are more concerned with being re-elected/reappointed than protecting the Fourth Amendment.... 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 12 years and 6 months ago by attorney Alena Shautsova   |   1 Answer
Very possible.Consult with a civil rights attorney. 
Very possible.Consult with a civil rights attorney. 

90 day municipality complaint is almost over

Answered 12 years and 7 months ago by attorney Warren S. Hecht   |   1 Answer
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

can make a claim against the police dept. if they held unnecessary for 5 hours when they knew I had to go to the hospital

Answered 12 years and 7 months ago by attorney Warren S. Hecht   |   1 Answer
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 12 years and 8 months ago by Mr. Scott Glen Cerbin (Unclaimed Profile)   |   1 Answer
Yes.  Your neighbor can bring a private nuisance action against you.
Yes.  Your neighbor can bring a private nuisance action against you.

Wondering what to expect as far as punishment.

Answered 12 years and 8 months ago by Mr. Scott Glen Cerbin (Unclaimed Profile)   |   1 Answer
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 and could end up doing some jail time.... 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 12 years and 8 months ago by Mr. Scott Glen Cerbin (Unclaimed Profile)   |   1 Answer
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

Do I have a case I have been passed up four times for promation after I was ask by management if I was interested. I'm a black man

Answered 12 years and 8 months ago by attorney Alena Shautsova   |   1 Answer
You might. More info is needed.
You might. More info is needed.

how to get a prenuptial after being married?

Answered 12 years and 8 months ago by attorney Alena Shautsova   |   1 Answer
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

how long do you have to make a assault complaint on a officer in a county that you do not trust any authority

Answered 12 years and 8 months ago by attorney Warren S. Hecht   |   1 Answer
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 officers. ... 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

can i take legal action towards my son's school for not keeping him safe from being physically abused by another student during the hole school year?t

Answered 12 years and 9 months ago by attorney Lori Nevias   |   1 Answer
I would definitely need more information to give you a full answer about whether you have a case, but it sounds as though you probably do. I would be happy to speak with you privately, because I'd need information from you that should not be posted online. Feel free to contact me to continue the discussion. ... Read More
I would definitely need more information to give you a full answer about whether you have a case, but it sounds as though you probably do. I... Read More

How long do you have to sue after falling in ny?

Answered 12 years and 9 months ago by attorney Warren S. Hecht   |   1 Answer
If you wanted to sue the owner of the complex for negligence it is too late. The statute of limitations is three years. 
If you wanted to sue the owner of the complex for negligence it is too late. The statute of limitations is three years. 

Do I have a lawsuite ?

Answered 12 years and 10 months ago by attorney Warren S. Hecht   |   1 Answer
You need two things to be successful. The first is liability and the second are damages. If there were no damages, namely,  the delay had no effect on your son's health, then not even have to address issue of failing to diagnose.
You need two things to be successful. The first is liability and the second are damages. If there were no damages, namely,  the delay had no... Read More

What next after an innocent man is convicted of a murder her didn't commit?

Answered 12 years and 10 months ago by attorney Warren S. Hecht   |   1 Answer
Firstly, your brother must appeal his conviction. This appeal would go to the Appellate Division and is based on what is in the record, such as witnesses testimony and legal arguments presented before the trial court.  If your brother is successful on appeal, he may get a new trial, dismissal of the charges or a reduced sentence.  Another option  is by a CPL 440 motion which is a motion made to the trial judge. There are certain limited grounds for the application. Usually CPL 440 motion relates to information outside the record, namely, not presented at a hearing or trial.  ... Read More
Firstly, your brother must appeal his conviction. This appeal would go to the Appellate Division and is based on what is in the record, such as... Read More

I was arrested for something that was not found on my person

Answered 12 years and 11 months ago by attorney Warren S. Hecht   |   1 Answer
Where was it found?
Where was it found?

How can I get my money back from someone who burrowed it?

Answered 12 years and 11 months ago by attorney Warren S. Hecht   |   1 Answer
in NYC you can take him to small claims court. You do not need an attorney. However,   need to present proof of loan
in NYC you can take him to small claims court. You do not need an attorney. However,   need to present proof of loan

Would I have a civil law suit against the city of ny and the 81st precinct for my son being shot down on the streets of Brooklyn, ny

Answered 12 years and 11 months ago by attorney Warren S. Hecht   |   1 Answer
Did your son point a weapon at the officers before he was shot?  How long ago did this occur? Was he arrested and charged with any crime relating to this incident?
Did your son point a weapon at the officers before he was shot?  How long ago did this occur? Was he arrested and charged with any crime... Read More

False arrest

Answered 12 years and 11 months ago by attorney Warren S. Hecht   |   1 Answer
How long were you in jail. Also were you ever charged with a crime?
How long were you in jail. Also were you ever charged with a crime?

While asylum in the process can i work and study with my F1, CPT visa ?

Answered 13 years ago by attorney Alena Shautsova   |   1 Answer
Yes, you can, provided you have an employment authorization.
Yes, you can, provided you have an employment authorization.

how do bring someone to court for lying

Answered 13 years ago by attorney Alena Shautsova   |   1 Answer
You need to go through discovery likely to obtain all the documents they have relating to your case. It's very hard to sue the lawyer but you may try to hold accountable his clients if they are in fact committing misrepresentation. There are all kinds of motions available to do so, depending on exact need and stage of the litigation.... Read More
You need to go through discovery likely to obtain all the documents they have relating to your case. It's very hard to sue the lawyer but you may try... Read More

legal assistance defamation of character

Answered 13 years ago by attorney Alena Shautsova   |   1 Answer
You need a  civil litigation attorney. Looks like you might bring causes of action for intentional infliction of emotional distress; defamation, libel, slander, and maybe something else...
You need a  civil litigation attorney. Looks like you might bring causes of action for intentional infliction of emotional distress; defamation,... Read More

Bullying on school grounds

Answered 13 years ago by attorney Alena Shautsova   |   1 Answer
Time to see a lawyer. If your child in fact gets harassed and beaten there, and the school does not really prevent this, you will need to make some serious decisions.
Time to see a lawyer. If your child in fact gets harassed and beaten there, and the school does not really prevent this, you will need to make some... Read More

how do you bring a city agency to court

Answered 13 years ago by attorney Alena Shautsova   |   1 Answer
It depends on what lie was committed, in what form and who was the one who authored it. You will need to choose correct forum (court) for your action, file a lawsuit, serve the opposing side and the opposing side will have to answer your allegations.
It depends on what lie was committed, in what form and who was the one who authored it. You will need to choose correct forum (court) for your... Read More
Civil Rights
New York

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