Q: I didn't have anything illegal but subsequently received a speeding ticket.
A: David's Answer: It depends on the extent of the search and whether you consented or not. You should consider scheduling a consultation with a Dutchess/Westchester civil rights lawyer for a full assessment -- David Bliven, Bronx Civil Rights attorney
(www.blivenlaw.net)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
Saturday, June 22, 2013
Saturday, June 15, 2013
Do you have the right to sue a department store for a false arrest if you have received an ACD in the criminal court case?
Q: After an arrest for petty larceny, the defendant received an ACD, which will have the case dismissed in 6 months if the defendant stays out of trouble and performs 6 days of community service. The defendant believes he was accused due to a misunderstanding.
A: David's Answer: I agree with Mr Rothstein, and to the degree it represents an absolute opinion, disagree with Mr Lipps. The issue isn't merely whether you've received an ACD or not (though if you were found guilty, you certainly wouldn't have a claim). The issue is whether the store had "reasonable suspicion" to detain you in the first place. As an aside, this would NOT be a "civil rights" case unless it involved a police officer who detained you. In any event, schedule a consultation with a NYC civil litigation attorney for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David's Answer: I agree with Mr Rothstein, and to the degree it represents an absolute opinion, disagree with Mr Lipps. The issue isn't merely whether you've received an ACD or not (though if you were found guilty, you certainly wouldn't have a claim). The issue is whether the store had "reasonable suspicion" to detain you in the first place. As an aside, this would NOT be a "civil rights" case unless it involved a police officer who detained you. In any event, schedule a consultation with a NYC civil litigation attorney for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Sunday, June 9, 2013
Objection in a deposition?
Q: when a question is leading or considered "putting words in someones mouth" does the objection have to occur right then and there, or can you object later to it so it cannot be used for trial or summary?
A: David's Answer: Usually in a deposition the attorneys agree to what's called "usual stipulations" which cover such objections as "leading." This way, you've preserved all your normal objections without interrupting the flow of the Deposition. That said, you may wish to schedule a consultation with a White Plains civil rights attorney for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David's Answer: Usually in a deposition the attorneys agree to what's called "usual stipulations" which cover such objections as "leading." This way, you've preserved all your normal objections without interrupting the flow of the Deposition. That said, you may wish to schedule a consultation with a White Plains civil rights attorney for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
How can I sue my sons school for negligence?
Q: my son started to attend a charter school and was very well behaved until about 1 1/2 months ago when he started to misbehave. My son was violated by another student with special needs in the bathroom of his school and the school did nothing about it. In addition they allowed all of the children to use the bathrooms unsupervised. I had meetings with the life skills coach where he disclosed this information and I am still awaiting a response. On top of it all I spoke to the principal and she had no knowledge of what was occurring. Because of this my son is in therapy and I feel the school is negligent and should pay for it. Do I have a case? and if so could you refere me to an attorney?
A: David's Answer: Depending on what precautions a "reasonable school" should have taken under the circumstances, it is certainly possible you have a claim. Attorneys on this site may not directly solicit clients, but you may consult the listing of attorneys on this site & make calls. Your next step should be scheduling a consultation with a Bronx Civil Rights attorney. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David's Answer: Depending on what precautions a "reasonable school" should have taken under the circumstances, it is certainly possible you have a claim. Attorneys on this site may not directly solicit clients, but you may consult the listing of attorneys on this site & make calls. Your next step should be scheduling a consultation with a Bronx Civil Rights attorney. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Can I sue the agency and foster parents for baptizing my child without written consent in the state of NY?
Q: I had found a foster parent guide manual on NYC. Gov and this is what it states.
The agency must obtain the birth parents’ consent for a foster child to be baptized. All religious certificates (baptism, first communion, confirmation, etc.) must be recorded in the child’s legal name, never in the name of the foster parent. Neither the agency nor the foster parent had any consent of either me birth mother or birth father to do so. When I spoke to the worker which the agency is Forestdale Inc said it was okay
A: David's Answer: You may potentially have a claim, yes, but you would need to prove the foster care knew about it in advance & approved of the foster parent doing it in violation of the state regulations. For a full assessment of the situation, I'd advise to schedule a consultation with a NYC Civil Rights attorney, particularly one with experience with the foster care system. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
The agency must obtain the birth parents’ consent for a foster child to be baptized. All religious certificates (baptism, first communion, confirmation, etc.) must be recorded in the child’s legal name, never in the name of the foster parent. Neither the agency nor the foster parent had any consent of either me birth mother or birth father to do so. When I spoke to the worker which the agency is Forestdale Inc said it was okay
A: David's Answer: You may potentially have a claim, yes, but you would need to prove the foster care knew about it in advance & approved of the foster parent doing it in violation of the state regulations. For a full assessment of the situation, I'd advise to schedule a consultation with a NYC Civil Rights attorney, particularly one with experience with the foster care system. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Wednesday, June 5, 2013
How to get justice when you are being rail-road by the justice system.. when you have the city defending you???!!!
Q: I live in Harlem.. In May last year, the police enter my home, said they had a search warrant, my ex was here at the time,, they said it was for him..( his name is not on my lease)they enter my home with force,we was on the floor already when they entered(myself my ex) He was hit in the house and hit in the van(two fracture ribs, eyes swelling , and a scar on face) no warrant was purduce till 90 days later, we was arrested my self, son and ex, we filled a complaint for excessive force. than again the police enter my home still no warrant, but my previous case is still open.. the one that put hit my ex came in after the police had handcuffed us and said( do you think your complaint is going any were) and now a year later they are trying to bring up new charges. were is the justice? The second time they came into my home they said there was a marijuana clip on my daughter window ledge(16) she was arrested too, this time, but it was dismissed. the cops are lying, but how do you prove your not guilty, if you have a judge dismissing charges as he said when my attorney asked why his response was(because i said so)and the reason was that the first judge at our arraignment said if no warrant is given within a certain amount of time, the evidence will be thrown out, that from the first case..so that was the judge response to that motion.. even for a 3030 denied.. i have no record.. nor do my son. were is the justice if you have no wins with the justice system, i forgot i am black and living in Harlem in the projects.
A: David's Answer: Because you have a rather complicated fact pattern, the best thing you can do is to schedule a consultation with a NYC Civil Rights attorney. -- David Bliven, Bronx Civil Rights & Police Brutality attorney (www.blivenlaw.net)
A: David's Answer: Because you have a rather complicated fact pattern, the best thing you can do is to schedule a consultation with a NYC Civil Rights attorney. -- David Bliven, Bronx Civil Rights & Police Brutality attorney (www.blivenlaw.net)
Second Amended Complaint - Give Opposing Counsel a Preview?
Q: I asked opposing counsel for permission to file a Second Amended Complaint in pro se second federal circuit court action. They responded that they would like to see it before they consent. Is this a delay tactic to get me to miss the deadline for filing a motion requesting permission to file? Or do lawyers show each other their hands before playing cards? I also offered to provide them a blackline. There are extensive changes to one tricky color-of-law section, which is the point of amending, plus aliases added to an elusive defendant. PS: Two lawyers already blew this civil rights action; it is a specialized area, but everyone thinks they know civil rights.
A: David's Answer: Could be them playing game with you because you're representing yourself - expect more of the same. But here's the practical issue - if you file a motion to amend your complaint, you'll need to attach the unredacted amended complaint anyway. In any event, based on your prior experience with the lawyers, my best advise is to schedule a consultation with a Civil Rights lawyer who handles such cases as a significant portion of his/her practice. -- David Bliven, Bronx civil rights lawyer (www.blivenlaw.net)
A: David's Answer: Could be them playing game with you because you're representing yourself - expect more of the same. But here's the practical issue - if you file a motion to amend your complaint, you'll need to attach the unredacted amended complaint anyway. In any event, based on your prior experience with the lawyers, my best advise is to schedule a consultation with a Civil Rights lawyer who handles such cases as a significant portion of his/her practice. -- David Bliven, Bronx civil rights lawyer (www.blivenlaw.net)
Can i sue my sister in law who is spreading rumors and damaging my son reputation in community we live in.
Q: she got divorced from my brother and my brother was seeing the kids on weekend only they are waiting for custody. she stopped the kids to see the father, who is currently living with me. she told them you cant go to your aunts (me) house because a drug user is in the house. and also she told the social worker same thing. she spread rumors that my son got arrested. all lies. she did damage to my reputation in community but i let it go but now she is hurting my sons feeling and his good character. my brothers kids called and said mom said you cant go because your cousin is a drug user and got arrested they even emailed to my brother asking is my son got arrested. my son is 16. can i sue her. today when kids social services called she told us that she spoke to her even about my son.
A: David's Answer: Technically a "libel" suit (the category you posted under) is a written form of slander - and there is nothing stated about her doing anything in writing. Moreover, slander usually entails some form of demonstrable economic injury. You may wish to report her to the police; while it's unlikely they'll actually arrest her, they may "encourage her" to cut it out. Ultimately, depending on the circumstances, you may be able to consult a Family Law attorney about filing for an order of protection. -- David Bliven, Bronx civil rights attorney (www.blivenlaw.net)
A: David's Answer: Technically a "libel" suit (the category you posted under) is a written form of slander - and there is nothing stated about her doing anything in writing. Moreover, slander usually entails some form of demonstrable economic injury. You may wish to report her to the police; while it's unlikely they'll actually arrest her, they may "encourage her" to cut it out. Ultimately, depending on the circumstances, you may be able to consult a Family Law attorney about filing for an order of protection. -- David Bliven, Bronx civil rights attorney (www.blivenlaw.net)
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