Civil Rights Legal Questions

My opinion is that you do not have a case for "wrongful arrest". The reason for that is public officials, like the judge,  are performing a public duty/function and have either absolute or qualified immunity. Beyond that, I can only recommend that you consult with an attorney in your area to get his/her opinion.... Read More

If there are no restrictions on parking then you should fight the tickets. Police officers do not own streets. And it should not matter whether you are a section 8 or fully paying tenant. There are laws regarding the posting of proper parking notices. If this is a town and not a large city, I would also contact your town or city councilman or mayor and raise a big stink about this, perhaps getting other tenants to sign a petition or social media notice. Usually, I don't find it pays to fight parking tickets but if the tickets are not proper, then it may pay to fight them.... Read More

You may have a cause of action against the ADC on several theories. That would turn on the specific facts of your case. You should consult an attorney directly. Be aware that you should act soon. Statutes of limitation may apply that could limit your choices or your case, if any, could be barred entirely.... 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 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, which is often determined by whether your son needed outside therapy. Although you dont have an action against the school for the busted lip, you should let the school board know about the incident, and the details of the failure to supervise. If you want to switch schools but the BOE says you're missing paperwork- give them the paperwork. ... Read More

Even if a ticket gets dismissed, that doesn't mean they necessarily can't charge court fees. In fact, I would assume that was part of the actual agreement. If you fought the ticket and won, then you might have a case against court fees being imposed. Motor vehicles does not call the police, except in cases where motor vehicles suspends a person's license for failure to have insurance or some other reason. In that case, a notice would be on their computer website, and police would know if it when they do things like license checks.... Read More

There is no way for an attorney to answer this. You should contact your town's health department or building department. You can also have a mold inspection service come in. If the apartment is unsafe or uninhabitable, you may have legal remedies such as relocation assistance or seek damages from the landlord. But an attorney cannot tell you if it safe to stay in the apartment. Obviously, if everyone else moved out, that should tell you something. Find an attorney who discuss your legal remedies.... Read More

I don't know that its enough to disclose the information, I believe you had to sustain damages.  If there was something in the disclosure that caused you damage then you can fie a claim.  However, the disclosure is most likely a regulatory violation that will result in a penalty or fine to the company, but would be addressed by the agency that regulates the insurance company. ... 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 commercial establishments used for any profession and trade. The doctor's office lobby falls into the prohibition on smoking.  Put your complaint to the managment company in writing- there should be an on-site managment company employee available to enforce the no smoking law.... Read More

I am not aware of any privacy laws that would prohibit a first loan company from calling and asking a 2nd loan company if you have a loan with that 2nd loan company. It would be up to your agreement with the 2nd loan company as to whether they would tell the 1st loan company anything. ... 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 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 treatment. I hope the attorney who forced the prison to finally let him get medical care filed a notice of claim against the prison (meaning against the state or county, depending on which government entity controls it). There is a 90 day deadline to file a notice of claim against a government entity, which runs from the time of the injury. Service of a notice of claim is a prerequisite to starting a lawsuit against any government entity, and once it's served, the lawsuit must be filed within one year and 90 days of the injury. ... 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 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, there is a 90 day deadline from the time of the imprisonment to file a notice of claim against the city or state. However, if you were incarcerated after a trial and feel you were wrongfully convicted, that is a criminal matter that should be taken up with a criminal defense attorney.... Read More