We want to file a federal lawsuit pursuant to Title 42 USC Sec. 1983,
against Memorial Health System and certain individuals who work there for their treatment of my wife,
(a 100 pound woman with a broken pelvis) on April 29th, 2012, when they placed her on a 72 hour hold
under color of law with no authority to do so. This action caused her to be brutally assaulted in an
untrained and uncaring manner. They did this with total disregard for respect, dignity and the Law.
I had called an ambulance when we had what seemed to be a physical medical emergency, when I went to the hospital and saw that they
were not treating my wife for her problems, and had instead decided to interrogate her on her mental capacity.
I called another hospital named Penrose and made an appointment for my wife to go there and be treated.
When we started to leave the hospital to go to Penrose, the hospital had security guards restrain us!
I called 911 and asked for help and if they could at least send an escort to help me take my wife to a medical doctor.
I was turned down by the 911 operator. I can only assume, this is because the city owns the hospital.
The social worker at the hospital said she was going to write up the order to hold my wife, when my wife heard she was not actually
under a "legal" hold, she decided to leave on her own against medical advice, and a security guard assaulted my wife.
I grabbed the guard to get him off my 100 pound wife, and he shot me with a taser. My wife had run downstairs crying and
four more security guards tackled my 100 pound wife who has a broken pelvis and they slammed her on the asphalt of the parking lot
and brutally handled her back into the hospital where she was drugged against her objections and and told her she was going to the
mental ward "the hard way"!
I was charged with 2 misdemeanors and released from jail. My wife was transferred to Cedar Springs mental unit.
The following morning I typed up a habeas corpus and took it to the mental ward and handed it to the CEO and explained how there was no
legal hold on my wife and unless something was done right away to help us, they would all be sued personally.
within 30 minutes they had an ambulance to take my wife to the hospital and they photographed all of her bruises for me.
They then called me when she returned from the hospital so I could take her home!
CRS 27-65-105, SEC(b), says that the social worker, must swear or affirm before a judge that my wife
had a mental illness and that my wife was an imminent danger to herself or others.
The social worker, did not swear or affirm her mental Illness emergency paperwork in front of a judge or any witness for that matter,
and therefore her affidavit can hold no legal weight. Memorial Health Systems had no legal right to restrain my wife or myself, and
therefore the attack upon my wife and myself had no basis in law and they had no authority to act in the manner in which they did.
CRS 27-65-102, SEC (b): Says that "A person who, because of care provided by a family member or by an individual with a
similar relationship to the person, is not in danger of serious physical harm or is not significantly endangered"
I was present with my wife and have not been deemed incompetent to care for her and no one has questioned my capacity to care for her,
therefore she was not an imminent threat to herself or anyone else.
The Social worker, who was working the 5th floor on April 29th, was legally required to swear or affirm before a judge pursuant to CRS 27-65-105, SEC (b).
The M1 Emergency Mental Illness application upon which, they relied, was executed illegally, and used as a color of law basis to hold my wife against
her will, and to force the services of Memorial Health System upon my wife rather than allow us to seek a second opinion from another Doctor that would
address our immediate physical concerns.
They have caused my wife and I, undue stress, injury, trauma, and damages.
Can anyone help us?
This appears to be happening all across th ecountry, Doctors put people on 72 hour holds but they skip the part where a judge is supposed to be involved!
In colorado, a doctor is supposed to swear an affidavit in front of a judge, but they seem to always skip that part and everyone down the line after that treats the order as if it was a valid court order, when no court was involved!