Civil Rights Legal Questions

I'm not certain there is a question here but you should have a capable attorney or firm prepared if and when this escalates to a point that you need counsel. Its terrible what is happening to you and I understand that you feel like a dart board but the system in place allows for these investigations by DCF.  It would be a very good idea for you to sit down with a family attorney. Feel free to contact us at 203-870-6700.... Read More

Yes - Medical providers are allowed to charge for copies of medical records in most instances. For Pennsyvlania, see the PA Department of Health website which sets forth the maxium copy charges. If you are requesting your records because of an injury suffered in an auto accident or through medical malpractice you should consult with an experienced personal injury attorney in your area.  ... Read More

You do not have to prove that your wife cheated on you. As mentioned by learned counsel, New Jersey is a no-fault state, and you do not have to prove things like adultery or mental cruelty. So there is no point in that and in fact you may open yourself up to charges for illegal surveillance. (For instance, you are legally permitted to record a conversation with another party, but not conversations your wife may be having with a third party). Go to a lawyer, if you want a divorce. And I have no idea what this has to do with her positiona as a nursing assistance, especially since you say she was not working and her license expired. Totally irrelevant.... Read More

As a general rule, if you address a judge in a civil manner, then there will be no consequences. However, if the intent is to insult the judge or disrupt court proceedings, then this is called "contempt of court:  Tenn. Code Ann. § 29-9-102 titled "Scope of power" states: The power of the several courts to issue attachments, and inflict punishments for contempts of court, shall not be construed to extend to any except the following cases (1)  The willful misbehavior of any person in the presence of the court, or so near thereto as to obstruct the administration of justice; (2)  The willful misbehavior of any of the officers of such courts, in their official transactions; (3)  The willful disobedience or resistance of any officer of the such courts, party, juror, witness, or any other person, to any lawful writ, process, order, rule, decree, or command of such courts; (4)  Abuse of, or unlawful interference with, the process or proceedings of the court; (5)  Willfully conversing with jurors in relation to the merits of the cause in the trial of which they are engaged, or otherwise tampering with them; or (6)  Any other act or omission declared a contempt by law.  ... Read More

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

Rental companies/landlords generally use a private investigator who uses a database to search the applicant's records. Those records will show all arrests. As long as the records exist either in the database or the courthouse records they are available for viewing and utilization. You are entitled to certain information from the landlord based on the method by which the landlord obtained the information Often times you can bring a copy of the dismissal to the landlord and resolve the problem. However, the landlords usually want an understanding as to why the case was dismissed. For example, if a drug charge was dismissed because of an illegal search, but the applicant still had the drugs, then the landlord would ususally reject the dismissal. The first step to do is get your record expunged or sealed. If the case was dismissed by the prosecutor, then you can get the record expunged provided you otherwise qualify. One disqualification would be that you were previously adjudicated for any criminal charge anywhere including a criminal traffic offense. Once you get your record expunged or sealed, there are methods to have the information from the databases.   I handle records sealing and expungement throughout the statement as well as having the information removed from the databases.   Gary Kollin 954-723-9999 garykollingarykollinlaw.com... Read More

Since your inquire was listed under "civil rights" and not a criminal law issue, I assume that your question is aimed at his civil rights. Your son still has to have a hand gun carry permit in order to possess a weapon and the fact that it was found in his car with him in it means that he was in possession of the gun. As long as there are criminal charges pending against you son, he was not wrongfully arrested. If he pleads guilty to the charge, then he was not wrongfully arrested.... Read More

The general answer is no because the public duty doctrine shields a public employee from suits for injuries that are caused by the public employee's performance of a duty. Also, Tennessee Governmental Tort Liability Act does not remove the immunity for allegations of libel or slander.    ... 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