civil rights

Something Rotten In The State of Colorado: Free Sharisa (Part 2)

NB. I apologize for the delay in this post’s publication. Real life interjected for me in the form of family illnesses. 

In my last post on this matter, I had one question remaining in the list of issues that had to be addressed in the imprisonment of Sharisa Joy Kochmeister (because, frankly, it is imprisonment): What causes of action might one bring against county and/or state officials, if any?

This question deserved its own post, because it is a long and complex question. The very short answer, I believe, is that there are indeed actions that lie against Jefferson County and/or her officials if brought by Jan Kochmeister, but not if brought by Sharisa Kochmeister. There may not be any actions that lie against the State of Colorado. All this will be explained, but fair warning, it’s long and complex in itself. I’m sorry to be so wordy, but there are so many factors that have to be taken into account when one gets into nitty-gritty law like this, that leaving anything out seemed slipshod.

A couple of clarifications I feel I have to make here:

  1. This post is not intended to be legal advice, nor is it intended to create any kind of attorney-client relationship with any reader. If you are in need of legal representation, please contact a competent attorney licensed in your jurisdiction.
  2. Just because I’m explaining what the law seems to be here doesn’t mean I agree with it. I am trying to explain how it would likely look to a judge, not how it looks in my eyes. So please don’t waste your time and mine commenting on how mean I am. (Yes, I’ve received such comments. Reading comprehension fail much?)

Okay. To the relevant bits.

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Something Rotten In The State of Colorado: Free Sharisa (Part 1)

NB. This is the version of events I have been given as of this writing. If things later prove to have occurred in a materially different way, I will edit this post.

Sharisa Joy Kochmeister is a 36-year old nonverbal autistic activist who uses keyboards to communicate. She is also epileptic and has cerebral palsy (I am unaware of her language preferences; if she prefers different terminology, please let me know and I will fix it). She is a college graduate and has served on several boards, including that of the Colorado Developmental Disabilities Council. She led an active life (until recently), with many friends and a caring guardian in her father. She is a person, with needs and wants and opinions.

In March, she was hospitalized. At one point, she became ill, and her father helped to clear her airway. She, for whatever reason, kicked him, and he pushed her. I have never met Sharisa or her father, but I do know that in moments of extreme stress (such as being in hospital and either being sick or experiencing a loved one being sick) it is very easy to react emotionally, instead of with cold logic. I have never seen any allegations or proof that anything untoward was occurring in their relationship – but more importantly, no one I know who is closer to the family has, either.

Someone at the hospital called the police. Then Jefferson County Human Services.

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