GUILTY CO - Gannon Stauch, 11, found deceased, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #70

What is Letecia up to now?

This guy?


Looks like Letecia isn't happy with Kansas DOC.
 
What is Letecia up to now?

Oh, fer the love of...

I'm almost relieved I can't access the documents because Gah.

No doubt some nonsense about her constitution.

I see she's found her calling -- wasting everyone's time.
 
This guy?


Looks like Letecia isn't happy with Kansas DOC.
And how sorry is Kansas?

I assume Colorado has a solid "no backs" policy.
 
In part:

I. Nature of the Matter before the Court

Plaintiff brings this pro se civil rights action under 42 U.S.C. § 1983. Plaintiff is in custody at the Topeka Correctional Facility in Topeka, Kansas (“TCF”). Plaintiff is a Colorado Department of Corrections’ (“CDOC”) prisoner housed at TCF through the Interstate Corrections Compact. The Court granted Plaintiff leave to proceed in forma pauperis.
Although Plaintiff’s Complaint is on a court-approved form, she submitted additional pages and exhibits consisting of over 200 pages.

1 Plaintiff mentions various claims throughout her Complaint, including: that she is being illegally detained in Kansas pursuant to the Interstate Corrections Compact

2; her First Amendment right to access the Colorado and Kansas courts is being denied; her First Amendment free speech rights are being denied because she is not allowed to talk to a lawyer; her First Amendment free exercise rights are being denied; she is being sexually harassed and denied medical care in violation of the Eighth Amendment; she is being subjected to retaliation; the facility has sewage leaks, mold, leaking windows, cold and non-nutritious food, and inadequate plumbing and ventilation; and staff fail to respond to grievances.
 
In part:

I. Nature of the Matter before the Court

Plaintiff brings this pro se civil rights action under 42 U.S.C. § 1983. Plaintiff is in custody at the Topeka Correctional Facility in Topeka, Kansas (“TCF”). Plaintiff is a Colorado Department of Corrections’ (“CDOC”) prisoner housed at TCF through the Interstate Corrections Compact. The Court granted Plaintiff leave to proceed in forma pauperis.
Although Plaintiff’s Complaint is on a court-approved form, she submitted additional pages and exhibits consisting of over 200 pages.

1 Plaintiff mentions various claims throughout her Complaint, including: that she is being illegally detained in Kansas pursuant to the Interstate Corrections Compact

2; her First Amendment right to access the Colorado and Kansas courts is being denied; her First Amendment free speech rights are being denied because she is not allowed to talk to a lawyer; her First Amendment free exercise rights are being denied; she is being sexually harassed and denied medical care in violation of the Eighth Amendment; she is being subjected to retaliation; the facility has sewage leaks, mold, leaking windows, cold and non-nutritious food, and inadequate plumbing and ventilation; and staff fail to respond to grievances.
Hear that? The world's tiniest violin, playing just for Letecia.
 
March 15, 2024
MEMORANDUM AND ORDER ENTERED: Plaintiff's motion requesting a preliminary injunction (Doc. 9) is denied without prejudice. Plaintiff is granted until April 12, 2024, in which to show good cause, in writing to the undersigned, why Plaintiff's Complaint should not be dismissed. Plaintiff is also granted until April 12, 2024, in which to file a complete and proper amended complaint to cure all the deficiencies. Signed by District Judge John W. Lungstrum on 03/15/24. Mailed to pro se party Letecia Stauch with § 1983 forms and instructions by regular mail. (Attachments: # (1) Case Information Document) (smnd)
 
March 15, 2024
MEMORANDUM AND ORDER ENTERED: Plaintiff's motion requesting a preliminary injunction (Doc. 9) is denied without prejudice. Plaintiff is granted until April 12, 2024, in which to show good cause, in writing to the undersigned, why Plaintiff's Complaint should not be dismissed. Plaintiff is also granted until April 12, 2024, in which to file a complete and proper amended complaint to cure all the deficiencies. Signed by District Judge John W. Lungstrum on 03/15/24. Mailed to pro se party Letecia Stauch with § 1983 forms and instructions by regular mail. (Attachments: # (1) Case Information Document) (smnd)
I am not a lawyer but believe that's legalese equivalent of someone getting their essay handed back covered in red pen and being told to rewrite it according to the parameters of the assignment.

MOO

MOO
 
*snippets from Opinion*
Plaintiff is in custody at the Topeka Correctional Facility in Topeka, Kansas (“TCF”).

1.Although Plaintiff's Complaint is on a court-approved form, she submitted additional pages and exhibits consisting of over 200 pages. Only a generalized statement of the facts from which the defendant may form a responsive pleading is necessary or permissible.”

2.She has named as defendants KDOC staff, TCF staff, and CDOC staff. She may not bring multiple claims against multiple defendants unless the prescribed nexus in Rule 20(a)(2) is demonstrated with respect to all defendants named in the action.

3.Plaintiff claims she is being denied court access. Plaintiff claims that the law library at TCF is inadequate and inmates are required to choose between access to the library or out-of-cell time for yard or exercise. Plaintiff also claims that she has not been successful in adding an attorney to the phone system, despite filing grievances on the issue.

4.Plaintiff alleged in her grievance that she is being “illegally detained if the Interstate Compact Agreement is violated per Kansas State Law & CO state law.”

5.Plaintiff claims that her transfer to Kansas deprives her of a liberty interest protected by the Due Process Clause. Plaintiff also disagrees with her security classification at TCF, claiming that she is not a disciplinary issue or “an institutional violent offender.”

 
continued...

6.Plaintiff alleges that she was sexually harassed when a CO watched her change clothing and “participated in voyeurism.” (Doc. 1, at 15.) Plaintiff claims it was not properly investigated, the issue escalated, and she was sexually assaulted in the shower in October 2023. (Doc. 1, at 15.) Plaintiff alleges that she was told that there were no cameras in the shower, and although the CO entered into the shower as part of the policy for showering, he did not have the right to re-enter or “hang out” in the area.

7. Plaintiff alleges that she was retaliated against for reporting the PREA issue and her job was taken away. However, an “inmate claiming retaliation must allege specific facts showing retaliation because of the exercise of the prisoner's constitutional rights.” Thus, for this type of claim, “it is imperative that plaintiff's pleading be factual and not conclusory. Mere allegations of constitutional retaliation will not suffice.” Plaintiff suggests in her grievances that she was denied a job and received a false disciplinary report after making her PREA report and other reports against staff. She also claims that she was retaliated against for filing a habeas action and civil action, by being subjected to continued cell searches, the denial of mental health for going to the library, a violation of due process for grievances, and a frivolous disciplinary report.

8.Plaintiff claims that a staff member at TCF was angry that doors were opened in Pod 1B and began yelling and slamming doors. Plaintiff claims that as she was leaving aerobics her hand was hanging out of the door and the staff member slammed the door on Plaintiff's right ring finger. Plaintiff acknowledges that she received medical care for her finger but alleges that the facility failed to follow its own policy for reporting the incident.

9. Plaintiff acknowledges that a grievance procedure is in place and that she used it. She claims that responses to grievances were untimely and “incompetent.” “All grievances have been responded with incompetent answers.”). Any claim relating to Plaintiff's dissatisfaction with responses to her grievances is subject to dismissal.

Plaintiff filed a motion requesting a preliminary injunction. Plaintiff asks the Court to release her from custody in Kansas and to return her to Colorado. Plaintiff alleges that the CDOC Secretary of Corrections transferred her to Kansas knowing the transfer would deprive her of life's necessities and/or place her in a substantial risk of harm. Plaintiff alleges that the defendant transferred her in retaliation for filing complaints and grievances. Plaintiff alleges that she was transferred to Kansas and placed in a higher custody level. Plaintiff alleges that defendants knew Plaintiff would not be successful in Kansas because they were aware that another inmate transferred to Kansas experienced similar issues and was denied proper medical care. Plaintiff also alleges that she was transferred to Kansas to deny her access to the courts because TCF does not have an adequate law library or resources. Plaintiff alleges that TCF does not allow her to practice her religion with Kosher meals and does not provide adequate mental healthcare.
 
*snippets from Opinion*
Plaintiff is in custody at the Topeka Correctional Facility in Topeka, Kansas (“TCF”).

1.Although Plaintiff's Complaint is on a court-approved form, she submitted additional pages and exhibits consisting of over 200 pages. Only a generalized statement of the facts from which the defendant may form a responsive pleading is necessary or permissible.”

2.She has named as defendants KDOC staff, TCF staff, and CDOC staff. She may not bring multiple claims against multiple defendants unless the prescribed nexus in Rule 20(a)(2) is demonstrated with respect to all defendants named in the action.

3.Plaintiff claims she is being denied court access. Plaintiff claims that the law library at TCF is inadequate and inmates are required to choose between access to the library or out-of-cell time for yard or exercise. Plaintiff also claims that she has not been successful in adding an attorney to the phone system, despite filing grievances on the issue.

4.Plaintiff alleged in her grievance that she is being “illegally detained if the Interstate Compact Agreement is violated per Kansas State Law & CO state law.”

5.Plaintiff claims that her transfer to Kansas deprives her of a liberty interest protected by the Due Process Clause. Plaintiff also disagrees with her security classification at TCF, claiming that she is not a disciplinary issue or “an institutional violent offender.”

200 pages of Tspeak, my head hurts.

I need someone to PLEASE hand T a copy of the Constitution so she can brush up on the Amendments, namely her right to remain silent --

She needs to use it.

Yesterday.
 
continued...

6.Plaintiff alleges that she was sexually harassed when a CO watched her change clothing and “participated in voyeurism.” (Doc. 1, at 15.) Plaintiff claims it was not properly investigated, the issue escalated, and she was sexually assaulted in the shower in October 2023. (Doc. 1, at 15.) Plaintiff alleges that she was told that there were no cameras in the shower, and although the CO entered into the shower as part of the policy for showering, he did not have the right to re-enter or “hang out” in the area.

7. Plaintiff alleges that she was retaliated against for reporting the PREA issue and her job was taken away. However, an “inmate claiming retaliation must allege specific facts showing retaliation because of the exercise of the prisoner's constitutional rights.” Thus, for this type of claim, “it is imperative that plaintiff's pleading be factual and not conclusory. Mere allegations of constitutional retaliation will not suffice.” Plaintiff suggests in her grievances that she was denied a job and received a false disciplinary report after making her PREA report and other reports against staff. She also claims that she was retaliated against for filing a habeas action and civil action, by being subjected to continued cell searches, the denial of mental health for going to the library, a violation of due process for grievances, and a frivolous disciplinary report.

8.Plaintiff claims that a staff member at TCF was angry that doors were opened in Pod 1B and began yelling and slamming doors. Plaintiff claims that as she was leaving aerobics her hand was hanging out of the door and the staff member slammed the door on Plaintiff's right ring finger. Plaintiff acknowledges that she received medical care for her finger but alleges that the facility failed to follow its own policy for reporting the incident.

9. Plaintiff acknowledges that a grievance procedure is in place and that she used it. She claims that responses to grievances were untimely and “incompetent.” “All grievances have been responded with incompetent answers.”). Any claim relating to Plaintiff's dissatisfaction with responses to her grievances is subject to dismissal.

Plaintiff filed a motion requesting a preliminary injunction. Plaintiff asks the Court to release her from custody in Kansas and to return her to Colorado. Plaintiff alleges that the CDOC Secretary of Corrections transferred her to Kansas knowing the transfer would deprive her of life's necessities and/or place her in a substantial risk of harm. Plaintiff alleges that the defendant transferred her in retaliation for filing complaints and grievances. Plaintiff alleges that she was transferred to Kansas and placed in a higher custody level. Plaintiff alleges that defendants knew Plaintiff would not be successful in Kansas because they were aware that another inmate transferred to Kansas experienced similar issues and was denied proper medical care. Plaintiff also alleges that she was transferred to Kansas to deny her access to the courts because TCF does not have an adequate law library or resources. Plaintiff alleges that TCF does not allow her to practice her religion with Kosher meals and does not provide adequate mental healthcare.
So she's working on her attitude and making every effort to endear herself to the people around her, I can tell.

What a pain in the bee you em.

MOO
 
I feel sorry for all of the prison staff. She will never cease to accuse, exhaust...
But at least they get paid to deal with her, and where she is, she never gets to hurt another kid.

And it's not like all other high security inmates are angels who never accuse anyone or try to cause trouble. The guards will know it comes with the territory.

MOO
 

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