Civil Rights Legal Questions

 The search warrant is evidence of judicial approval to enter the home and 'search' for what is noted in the warrant. We can review the warrant to see if proper. The police then 'seize' people or property pursuant to the warrant. We can review the police reports to see if proper. Please call to discuss. Ed Dimon, Esq. 732-797-1600... Read More

Did you have an employee contract?  More than likely you are an employee at will and they have the right to fire and hire at will. I don't know that you have a case based on the few details here but I'm leaning toward thinking that you may not. I understand the stresses of this position.  I used to teach as well. However, I don't see any details here that show how the administration mistreated you.  I would be interested in learning more.  I wish you the best. ... Read More

I am sorry that you had to undergo this physical and mental trauma. Under Tennessee law, psychological/mental trauma such as what you suffered falls within the claim of negligent infliction of emotional distress.  A plaintiff alleging only emotional injuries must present material evidence as to each of the five elements of general negligence-duty, breach of duty, injury or loss, causation in fact, and proximate, or legal cause.  To guard against trivial or fraudulent actions, recovery is limited to claims involving “serious” or “severe” emotional injury which are supported by expert proof. In other words, you will need a psychiatrist or psychologists to back up your claim that you suffered PTSD as a result of what happened.  ... Read More

The Supreme Court ruled in 1872 in the case of Taylor v. Taintor, 83 U.S. 366, that a bailbondsman has sweeping rights to recover the bonded person. These rights include breaking into a house where the bonded person may be hiding if they have a easonable belief that the bonded person is in the house.   Other attorneys may have different opinions as to the merit of your claim. If you wish to go forward I suggest you contact one.   Gary Kollin 954-723-9999  ... Read More

Pursuant to the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504), private colleges have a general duty to provide reasonable accommodations to employees and students with a qualifying disability. The ADA and Section 504 generally require a student to self-identify his or her disability, request accommodations, and then participate in an interactive process with the institution to determine whether and to what extent accommodations will be provided. Have you done this? Did you go through the appropriate chanells? What is the nature of your disability? You should be aware of course that federal courts have consistently held that neither the ADA, nor Section 504, requires an institution to make retroactive changes to a student’s record. Rather, courts hold that a school’s obligation to provide reasonable accommodations is a prospective duty that starts at the point a student establishes his or her disability and the need for accommodations. See Leschinskey v. Rectors and Visitors of Radford University, 2011 WL 5029813, at *2 (W.D. Va. 2011) (“A request for a reasonable accommodation is forward-looking. It is prospective. An employee is not entitled to a retroactive accommodation.”); see also Kaltenberger v. Ohio College of Podiatric Medicine, 162 F.3d 432, 437 (6th Cir. 1998) (“However, the College was not obligated to provide accommodation until plaintiff had provided a proper diagnosis of ADHD and requested a specific accommodation.”). I hope this can help. You can contact me at 203-870-6700 for further information.... Read More

HIPAA rules and regulations provide civil and criminal penalties for those who violate it, but these are enforced by the department of justice, federal attorney general, and/or state attorney general, not private citizens. A private citizen can file a complaint of HIPAA violations on http://www.hhs.gov/ocr/privacy/hipaa/complaints/.  There is always the possibility that the department of justice along with the federal or state attorney generals will investigate and issue sanctions so as to prevent such a breach from happening in the future.  But for a private lawsuit, a patient would have to look to state law to determine if any viable claims exist.  Arguably, HIPAA, applicable federal and state laws, and applicable rules and regulations would collectively provide a standard of care for medical records acquisition, transmission, and maintenance that could be used to prove the necessary elements under the state law causes of action. Generally, a patient would need to look at what state law claims are available in the state in which the breach occurred.  Possible claims, depending on the state, include negligence claims and violation of physician/patient confidentiality as well as invasion of privacy (public disclosure of private facts), and invasion of privacy (intrusion), if such claims exist in that state.  However, any such common law claims most certainly will require damages, which may be hard to show as the damages must be tied to the improper access and disclosure. From what you are describing, no lawyer would be interested in this case due to a minimal expectation of privacy and the nature of your damages (injury to privacy). Good luck. I hope this can help.... Read More

The neighbor is using the camera to prove that the dog is a 'nuisance'. The neighbor will make the argument that the dog does not stop barking and is disrupting their peace. The judge will not prevent the neighbor from having the camera. Security cameras are the future. You could have your own camera to show that the dog behaves appropriately. I would try to resolve the issues with the neighbor. Ed Dimon, Esq.... Read More

I am sorry for your heartbreaking and shameful situation- not shameful for YOU, but shame on the system that forces a working, educated person to live in a shelter because of the insane cost of housing. The question is, why is nobody helping you to find affordable housing?  You don't want a transfer to a shelter- you want an affordable apartment (or share) in Queens or Western Nassau within a reasonable distance from your job. Look on Craig's list- especially in Nassau, homeowners are always looking for tenants or housemates to help them cover the exhorbitant cost of living on Long Island- and you're exactly what landlords want- a person with a JOB who is out of the house all day. There is a reasonably priced bus system that goes from Nassau to Jamaica so you can avoid the astronomical LIRR. If this is out of your price range, this is still not a situation that requires a lawyer- you need a social worker who can point you in the direction of organizations that can help you get affordable housing, subsidized, if you qualify, and any other assistance you're entitled to that will lead you to a PERMANENT home- not a shelter.  ... Read More