Deaf mother from Boulder intensifies legal battle over custody of her child

Deaf Boulder resident files lawsuit against city over custody dispute

The ongoing legal battle between Joslynn Montoya, a deaf Boulder resident, and the city of Boulder has taken a new turn. Montoya has bolstered her lawsuit by alleging due process violations related to the removal of her children from her custody. The incident that sparked the litigation occurred in May 2022, when there was a miscommunication with Boulder police at a domestic violence shelter where Montoya was staying.

A miscommunication with serious consequences

The core of the dispute lies in a critical communication failure. Montoya, who relies primarily on American Sign Language to communicate, believed she was being told to leave the shelter. However, when the police arrived they could not understand them because she was deaf and there was no interpreter available. This misunderstanding led officers to interpret Montoya's behavior as hostile.

Violation of parental rights

Making matters worse, officers, despite being aware of Montoya's deafness, allegedly took her children away without immediate danger or court order. Such action, as highlighted in Montoya's lawsuit, constitutes a violation of her fundamental rights as a mother.

Support from the Colorado Cross-Disability Coalition

The Colorado Cross-Disability Coalition has shown solidarity in this matter by joining the lawsuit as a plaintiff. The city of Boulder has denied many of the allegations but admitted it did not provide an interpreter.

Individual accountability of officials

The amended complaint specifically names the officers involved and cites Colorado's Law Enforcement Integrity Enhancement Act. This bill allows police to be held accountable in their individual capacities, which in this case could have significant implications.

The city then moved to dismiss the amended complaint. You attribute any damage to Montoya's own actions or those of third parties. As this story continues to unfold, the Boulder community, and indeed the world, awaits a response from Boulder police officers.