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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7406
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I believe my case has not been properly directed to the right

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I believe my case has not been properly directed to the right type of law. So I'm trying again. What it involves is violations of my rights in two areas. One is that I was dismissed from a graduate school without proper following of due process procedures. And it was based on a single email I wrote while asleep on a notorious but common sleep medication, Ambien, which no one at the school has the expertise to evaluate because they are not doctors. My documentation from my doctor was apparently ignored because the letter of dismissal just focusses on the email, blames me, and summarily dismisses me, admitting that I'm an outstanding student and this was anomalous. The other issue is that I collect disability and many questions were asked during the review meeting about this, but nothing was put into writing. I have reason to believe that the school discriminated against me based on disability. As I understand the general rights of the disabled, it can be considered a federal crime. So I don't know if this is a civil law issue, a civil rights issues or a criminal issue, or perhaps all of the above in some kind of combination.

Hello: I think that I can assist since I'm familiar with both civil and criminal cases. The situation you describe in far outside of the criminal law area. Whatever was done to you is remedied by monetary damages. There is no threat of jail time for anyone, so it is strictly a civil case. Claims of a civil rights violations can involve criminal charges, but those are not common. It doesn't appear that you were deprived of your right to vote, nor were you physically assaulted with racial motivations. Discrimination falls into the civil law arena.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.


Customer: replied 4 years ago.

If I simply want to proceed with applying to another school to pursue my career and simply get my records sealed, do I have to file a law suit and in addition in order to get an attorney interested ask for restitution? Can I use the possibility of discrimination in terms of getting the case considered?


 


Though I was not physically assaulted, the student I wrote to ended up verbally attacking me in such a way that it meets the 4 requirements for "intentional infliction of emotional distress," so I was indeed harmed and that is documented by a doctor. That might be an individual case, except that the school did nothing when I reported the incident, which is also against the school's conduct code and protections for others.


 


In addition do I need someone who is familiar with the medication, which has lots of legal precedent about it. If they ignored the medication and the medical and legal facts about it, then aren't they at fault for being biased and ignoring real evidence?

Restitution and damages are always sought by lawsuits, but negotiations prior to filing a suit often settle the case without suit. I don't know enough details to be able to tell you what might interest an attorney. Intentional infliction of emotional distress is a civil action. Every fact is important, including the ones you point out.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

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