Dec. 29—Attorneys representing El Paso County and two El Paso County sheriff’s deputies filed a movement in federal court docket on Wednesday to dismiss a lawsuit filed by Letecia Stauch, who’s accused of killing her 11-year-old stepson Gannon in 2020.
The lawsuit, filed on Sept. 22, claims El Paso County, the jail’s meals supplier, a pair of El Paso County sheriff’s deputies and the jail’s medical supplier had mistreated Stauch, and violated her First and Eighth Modification rights, which defend the liberty of faith and defend towards merciless and weird punishment, respectively.
Stauch makes two claims towards the county jail:
— First, that she and different inmates couldn’t get kosher meals from Trinity Meals Companies regardless of her requests.
“The events concerned anticipate me to observe my signed spiritual settlement however can ignore it on their finish,” Stauch claims within the lawsuit.
— The second is that Stauch’s rights are being violated by poor medical remedy whereas being detained within the county jail.
Stauch claims that she was given drugs for a abdomen ailment when she was initially detained in 2020, however that that it does not work. Stauch alleges within the lawsuit that she tried to acquire new drugs for her abdomen situation in 2021 and 2022 however continued to be denied, one thing that “flabbergasted” her.
One other accusation over medical mistreatment is alleged by Stauch within the lawsuit. Stauch claims that in July, she requested a medical analysis for a concussion after falling off the highest bunk and hitting her head. Stauch stated she requested to be evaluated a number of instances, however did not obtain medical help till 30 days later.
“I nonetheless proceed to have complications, problem pondering clearly and remembering info,” Stauch states within the lawsuit.
The attorneys representing El Paso County and the 2 named deputies requested the court docket to dismiss all complaints made by Stauch in a movement filed in U.S. District Courtroom on Wednesday.
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The movement argues that Stauch’s First Modification rights had not been violated as a result of not getting kosher meals didn’t “considerably burden (her) sincerely held spiritual beliefs.”
“Right here, CJC has established tips for offering entry to a spiritual food plan. Plaintiff acknowledged these tips by way of her signature. Tips reminiscent of this are crucial for the protected and orderly perform of the jail,” the movement reads.
The movement states that even when Stauch’s First Modification rights had been violated that the 2 named deputies particularly couldn’t be answerable for any such violation.
The movement additionally says El Paso County shouldn’t be named as a defendant as a result of it doesn’t have management over the jail; relatively, the Sheriff’s Workplace does.
Attorneys representing Trinity Meals Companies filed a movement to dismiss allegations made by Stauch in November, in accordance with court docket data.
Justice of the Peace Choose Shane Kato Crews has but to make a ruling on the movement .
Stauch is about to go to trial in March in Colorado’s 4th Judicial District Courtroom, greater than three years after prosecutors say she killed her stepson whereas claiming he was lacking in January 2020.
Stauch was arrested in South Carolina in March 2020 and has been in jail since being extradited to Colorado. Along with a homicide cost, Stauch faces costs of kid abuse and tampering with proof. If convicted of first-degree homicide, she faces life in jail.
Stauch additionally faces a second case wherein she is accused of making an attempt to flee from the El Paso County jail.