Questions tagged [civil-rights]
The civil-rights tag has no usage guidance.
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Can prosecutors and/or judges be sued for dereliction of duty when they change charges to avoid a jury trial?
Scenario (Utah, USA): A defendant is arraigned at a pre-trial hearing. Charges include driving without insurance and driving with an expired license.
State law declares that those who do these things ...
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What is the legal ramifications of refusing a polygraph?
If an employer puts it in the work contract that they may require a polygraph (either to gain employment or keep it) can I refuse?
The relevant statutory body regarding polygraphs in the US mentions ...
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Violation of disabled person's 4th amendment civil rights
Video for context: https://www.youtube.com/watch?v=k5yNlwCQpO0&list=LL&index=1
Jim Hodges was walking down the street from jury duty. A female police officer stops Jim because she believed he ...
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Does this non disparagement clause have any legal standing?
My apologies about the tags, I was not sure exactly what tags to use.
I was just reading Amazon developer documentation. At the top there is a paragraph quoted in full here:
Amazon's trademarks and ...
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How would a qualified immunity defense be defeated in the Cantu San-Antonio shooting? [closed]
Given the video shown in the recent Cantu San-Antonio shooting:
https://www.cnn.com/videos/us/2022/10/08/san-antonio-police-shooting-teen-vpx.cnn
How would the teenager's attorney overcome / nullify a ...
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Can a U.S. state bring action before the Supreme Court against another state for equal rights of its own citizens when they visit the other state?
Let’s make this hypothetical. Two U.S. states, East Lumbago and West Lumbago, which share a common border. It’s a First Amendment issue, specifically: “Congress shall make no law . . . abridging . . . ...
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Is there a generic legal concept describing results oriented laws like section 2 of the VRA
To me, section two of the 1965 voting rights act, specifically the amended version from 1982, seems incredibly challenging and inefficient to enforce, since it prohibits laws or actions that result in ...
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What is the name of a U.S. Supreme Court decision holding that government cannot conspire with private companies to censor protected speech?
There was a supreme court decision that said that the government can't conspire with private companies to censor. Can anyone tell me the name of the case?
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Why are the other three police officers in the Murder of George Floyd case also charged?
https://en.wikipedia.org/wiki/Murder_of_George_Floyd
Kueng, Lane, and Thao: State charges: Aiding and abetting
second-degree murder
Particularly for Thao, he did not touch Floyd at all. So Thao ...
user44532
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Why are legal fees not unconstitutional where equal protection clauses exist?
I live in Canada, where the equal protection clause looks like this:
Equality Rights
Equality before and under law and equal protection and benefit of law
15 (1)
Every individual is equal before and ...
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Using a Bivens Remedy/Claim
I think I understand the fundamentals of Bivens v. Six Unknown Fed. Narcotics Agents. My understanding is that Bivens created a cause of action for the 4th Amendment. Without the cause of action, ...
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Are there any provisions in Britain which render improperly obtained criminal evidence judicially inadmissible?
If evidence of wrongdoing is uncovered through improper investigative measures, what protections are there for the subjects of these improper investigations in U.K. law?
Must one still answer for ...
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May a US YouTuber video record in a US post office without obtaining permission, and post the video to YouTube?
Poster 7 is a source of much argument/confusion amongst the online Auditing/Frauditing communities. YouTubers bring their cameras into US post offices and video the employees, citizens, walls, etc., ...
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Forced to sign an affidavit not to violate the law in the future?
I applied to my Connecticut city’s Building Dept. for a permit to finish my basement, which will not have a bedroom and therefore not require an egress window. In order to issue me a permit, the ...
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What is the history behind the intangible right of honest services?
In 1988, the US Congress passed 18 U.S. Code § 1346, establishing that a scheme to infringe someone's right to honest services is sufficient to constitute mail or wire fraud:
For the purposes of this ...
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Does Israeli law provide for Habeas Corpus and can detained Palestinians raise a petition for it?
According to a CommonDreams.org article, "Palestinian Prisoner Hisham Abu Hawash Ends Hunger Strike After Deal With Israel"
Palestinians and human rights defenders around the world on ...
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Can you plead the 5th in a civil case?
There seems to be the idea that the right not to self-incriminate does not apply to civil cases. Is that true?
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Is there any other jurisdiction where a government-devised scheme similar to civil forfeiture for crime prevention exist other than the U.S.?
In the U.S., many states adopted laws that allow law enforcement to appropriate property that is liquid or easily liquidated (in practice predominantly cash) not only in cases where past criminal ...
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Liability in Loudoun county rapes [closed]
This is about the rapes in Loudoun schools perpetrated by a biological boy self-identified as a transgender girl. After he raped the first teenage girl, he was transferred into another school, where ...
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Does Alice have an implied covenant of good faith and fair dealing duty towards appointed counsel, Bob?
Alice is charged under a criminal accusation, and counsel is appointed for Alice under the Sixth Amendment.
Alice gives written notice to Bob (the appointed counsel) that Alice will always have at ...
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Ashli Babbitt: manslaughter vs. deprivation of rights under color of law
Note if you wish to discuss the following questions, rather than make a constructive criticism of the question or answer, I've setup this stack exchange chatroom for discussions. If you have an ...
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Is it against the constitution to require restaurants to only serve people with a vaccine certificate in the United States?
I heard that New York is implementing a vaccine certificate for people who want to do certain indoors activities such as going to the cinema, eating and training, so I was wondering if that was ...
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What is the role and power of the Australian Defence Force in civil society?
The Commonwealth government has offered the assistance of the Australian Defence Force (ADF) to the states from time to time.
Most recently the New South Wales Government has accepted that offer of ...
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Can you sue the CIA for civil damages if it killed one of your relatives?
Can you sue the CIA for civil damages if it killed one of your relatives? I am wondering if a U.S. citizen can sue the CIA for civil damages and whether it can sue only if documents are declassified ...
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Would you be allowed to get a government ID if you had no fingerprints?
Would you be allowed to get an ID sans prints if you did not have fingerprints because you'd lost your hands in an accident or something? What if a construction worker who had accidentally sanded his ...
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What was wrong with the warrant application in Malley v. Briggs?
The beginning of the Court's opinion in Malley v. Briggs, 475 U.S. 335 (1986) describes a wiretapped phone call that led police to obtain a warrant against Plaintiff James Briggs:
"General ...
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is it illegal to publish videos or photos of someone without their consent? [closed]
It it lawful for someone to publish on social media an audio-video clip of a private conversation without the other party's consent?
Does the fact that the clip is accompanied by "nasty" ...
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Do sex specific apps violate any anti-discrimination law?
Would a private business that only intends to serve one sex or another be in violation of anti-discrimination law? if so which one?
I can think of a handful of examples of businesses that cater to ...
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How do I discover an trust fund, or estate account, that is being hidden by a malfeasant executor?
I have documents indicating there is an estate account being held under a minority heirs name & SSN, but the bank agents refuses to answer any questions about the account! No local attorney will ...
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What laws cover patented DNA in humans in relation to the patent owner?
Some conspiracy theorists make the absurd claim that if patented DNA ends up in your genome, then you become a patented GMO, and thus the patent owner has some degree of legal control over you and/or ...
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To what extent is Carolyn Bryant Donham legally responsible for the death of Emmett Till?
I read that there is a campaign in the United States by Civil Rights/BLM campaigners to arrest/charge Carolyn Bryant Donham, who lied in 1955 and claimed that she had been wolf-whistled at and grabbed ...
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What happens when a public institution in the US engages in segregation?
After the passage of Civil Rights Act what's the formal process to bring charges against schools, government institutions, or businesses that engage in segregation or other variations of "...
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Lawyer-approved statement to say to the police to unequivocally retain all rights
I understand that I have the right to remain silent, and that I shouldn't need to explicitly say that in order for my rights to be in effect. But we don't live in a perfect world. And should we end up ...
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Forced to take COVID test or go home without newborn baby
I just heard about a woman who wasn't even done with labor and was told she would have to take a COVID test. She and her husband respectfully declined as they said they had been quarantined. They were ...
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Pictures of people breaking the law in Facebook
Within this COVID19 pandemic various activities were forbidden in Portugal, like spearfishing or catching crabs in rocks. Yet, some people insist on doing them (let's call them rebels) but in a "...
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What constitutes as a place of "Public Accommodation"
In most anti-discrimination law, the term "public accommodation" comes up a lot, but the definition is vague at best. From what I gather it refers to all public (government-owned) establishments and ...
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Discrimination against male cheerleaders
I'm sure the average NFL fan prefers to watch female cheerleaders, but how does hiring only women comply with our Civil Rights Act (which outlaws discrimination based on sex)?
For the record, some ...
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My car insurance company is taking a very long time to evaluate damage on my car -- What are my rights?
I had an accident (not at my fault) about a month ago with my car. The car stopped working, and I had to tow the car to a shop. The insurance company said they would do their best to quickly evaluate ...
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Is due process a civil right or liberty?
Civil liberties are rights afforded to people that the government cannot impose upon.
Civil rights govern government processes in an attempt to make them fair.
Is due process a civil right or ...
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When are government officials protected by legislative immunity?
A legislator is being sued under 42 U.S.C. 1983 for violating a constituent's civil rights. The legislator wants to assert legislative immunity as a defense.
What is the test for determining whether ...
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