MoreLaw Legal News For Albuquerque

Albuquerque, New Mexico civil rights lawyer represented Plaintiff, who sued Defendants on negligence theories.

THIS MATTER comes before the Court on the State of New Mexico, Children Youth & Families Department's Motion to Dismiss Plaintiff's First Amended Complaint, filed July 17, 2020 (Doc. 21)("MTD"). The Court held a hearing on October 6, 2020. See Clerks’ Minutes, at 1, filed Octob... More...    $0 (02-04-2021 - NM)

The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi... More...    $0 (07-24-2018 - NM)

Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriff’s Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a... More...    $0 (01-09-2018 - NM)

James Chavez died from stab wounds to his chest on July 10, 2011 in his Rio
3 Rancho home. Shortly before his death, Chavez was cleaning his home with two
4 acquaintances, Casey Williams and David Dinelli. Defendant, Defendant’s son, and
5 Anthony Villagomez entered the home to recover goods stolen by Chavez that
6 belonged to Defendant’s son. Villagomez carried a sawed-off shot... More...    $0 (01-07-2018 - NM)

A New Mexico statute makes it illegal to “willfully interfere with the
educational process” at a public school. N.M. STAT. ANN. § 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (“SRO”) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
* ... More...    $0 (10-05-2017 - NM)

In this interlocutory appeal, Defendant-Appellant Chase Thouvenell contends
that the district court erred in denying him qualified immunity from a 42 U.S.C.
§ 1983 claim asserted by the personal representative of the estate of Michael Malone
(“Malone”), alleging that Deputy Thouvenell violated the Fourth Amendment when
he shot and killed Malone while trying to arrest him. We conclu... More...    $0 (09-08-2017 - NM)

Plaintiff Michael “Miguel” Gutierrez brought seven claims under federal and
state law against various individuals and entities in connection with his brother’s
death, which officials deemed a suicide. The district court dismissed the claims in a
series of orders and ultimately entered judgment in favor of defendants. We exercise
jurisdiction under 28 U.S.C. § 1291 and affirm.
I... More...    $0 (08-10-2017 - NM)

This dispute comes before the Court in relation to a malicious abuse of process
4 claim made by Taos school board member Arsenio Cordova (Cordova) against
5 eighteen members of an unincorporated citizens� association (collectively,
6 Petitioners) following their efforts to remove Cordova from office under the Local
7 School Board Member Recall Act (Recall Act), NMSA 1978, �� ... More...    $0 (05-26-2017 - NM)

Santa Fe, NM - Jury Convicts Real Estate Developer of Fraud and Embezzlement

The State of New Mexico charged Santa Fe real estate developer with fraud and embezzlement including eight second-degree felonies and one misdemeanor relating to the operation of his luxury home development and construction business Barranca Building and other businesses and development, including Las Campanas.More...    $0 (12-02-2016 - NM)

Albuquerque, NM - Prior Felon from Roswell Pleads Guilty to Unlawful Possession of a Firearm

Enrique Chavarria, 33, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.

Chavarria was arrested on July 2... More...    $0 (09-16-2016 - NM)

Congress enacted USERRA to encourage noncareer military service, to
7 minimize disruptions in the lives and communities of those who serve in the
8 uniformed services, and “to prohibit discrimination against persons because of their
9 service in the uniformed services.” 38 U.S.C. § 4301(a)(1)-(3). Congress created
10 USERRA pursuant to its War Powers set forth in Article I, Section... More...    $0 (04-16-2016 - NM)

Mocek has a practice of refusing to show his photo identification at airport
security checkpoints. Prior to 2008, he was able to clear checkpoints by
complying with alternative TSA identification procedures. In 2008, the TSA
established a policy that those who “simply refuse[d] to provide any identification
or assist transportation security officers in ascertaining their identity... More...    $0 (01-24-2016 - NM)

The Court takes its facts from: (i) the PSR; (ii) the Sealed Response to Defendant Kenneth Ulibarri's Amended Objections to PSR [and] Sentencing Memorandum at 2, filed May 8, 2015 (Doc. 902)("Response"); and (iii) the Indictment, filed December 12, 2012 (Doc. 2)("Indictment").4 In June, 2011, the Federal Bureau of Investigation ("FBI") initiated an investigation codenamed Operation Rain Check into... More...    $0 (01-03-2016 - NM)

This appeal grew out of a suit brought on behalf of an 11-year-old girl
(identified as “J.P”), who was a student in a class for children with special needs.
One day, a deputy sheriff (J.M. Sharkey), who was working as a school resource
officer, saw J.P. kick a teacher. Because the kick constituted a crime, Deputy
Sharkey arrested J.P., handcuffed her, and transported her to a juven... More...    $0 (11-27-2015 - NM)

Plaintiffs-Appellants Stephen Maresca, Heather Martin-Maresca, and their
three children were driving back from a family hike when they were arrested in a
“felony stop” carried out by Bernalillo County Sheriff’s Deputies J. Fuentes, G.
Grundhoffer, and four other officers.1 Deputy Fuentes initiated the stop because she
mistakenly believed that the Marescas were driving a stolen vehi... More...    $0 (10-22-2015 - NM)

Although the district court denied summary judgment and has not entered a
final judgment, “we have interlocutory jurisdiction over denials of qualified immunity
at the summary judgment stage to the extent that they turn on an issue of law.”
Romero v. Story, 672 F.3d 880, 882 (10th Cir. 2012) (brackets and internal quotation
marks omitted). We reduce the question before us to ... More...    $0 (10-11-2015 - NM)

Albuquerque Police Officer Brian Pitzer shot Russell Tenorio when responding
to an emergency call. Tenorio sued Pitzer in the United States District Court for the
District of New Mexico under 42 U.S.C. § 1983, asserting that Pitzer violated his
Fourth Amendment rights by using excessive force. The district court denied Pitzer’s
motion for summary judgment, concluding that there was... More...    $0 (10-06-2015 - NM)

Plaintiff Elvia Cordero, as personal representative of the estate of Robert Montes,
filed a complaint in the United States District Court for the District of New Mexico
* After examining the briefs and appellate record, this panel has determined unanimously
to honor the parties’ request for a decision on the briefs without oral argument. See Fed.
R. App. P. 34(f); 10th Cir. R. 34.1... More...    $0 (09-02-2015 - NM)

Domingo Gomez appeals the district court’s grant of summary judgment in favor
of Benjamin Martin based on qualified immunity and its denial of Mr. Gomez’s Rule
56(d) request to depose Martin. Exercising jurisdiction under 28 U.S.C. § 1291, we
affirm.
I
On September 26, 2008, Mr. Gomez’s then-wife, Myrna Gomez, and her mother,
Bellia Armendariz, contacted the Doña An... More...    $0 (11-17-2014 - NM)

This appeal requires us to evaluate whether remand to the state court pursuant to
the Class Action Fairness Act (CAFA) is required under either of two CAFA provisions:
the state action provision, which excludes from federal jurisdiction cases in which the
primary defendants are states; or the local controversy exception, which requires federal
courts to decline jurisdiction where, ... More...    $0 (11-10-2014 - NM)

Anthony and Melissa Stonecipher became targets of an investigation into their purchases and sales of firearms and explosives. During the investigation, federal officers discovered that Mr. Stonecipher had pleaded guilty in 2007 to a misdemeanor crime of domestic violence in Missouri. One of the officers, Carlos Valles, concluded Mr. Stonecipher had violated federal law, which makes it illegal for ... More...    $0 (07-01-2014 - NM)

WildEarth Guardians sued the Director of the New Mexico Department of Game and Fish and the Chairman of the New Mexico Game Commission, asserting statutory and regulatory violations. See Endangered Species Act, 16 U.S.C. § 1538(a) (2006); 50 C.F.R. § 17.84(k) (2011). In the complaint, WildEarth alleged that trappers improperly killed or injured Mexican gray wolves, which are protected by statute... More...    $0 (02-19-2014 - NM)

Petitioner Sunshine Haven Nursing Operations LLC (Sunshine) operates a 67-bed nursing home in Lordsburg, New Mexico. It petitions for review of the United States Department of Health and Human Services (HHS) Departmental Appeals Board’s (DAB) decision affirming an administrative law judge’s (ALJ) decision upholding mandatory and discretionary “remediesâ€� (penalties) imposed on Sunshine by t... More...    $0 (02-14-2014 - NM)

{1} In this case, we hold that expert testimony is needed to establish the standard of care for monitoring inmates in prisons. Monique Villalobos (Plaintiff), an inmate at the Doña Ana County Detention Center (Detention Center), sued the Board of County Commissioners of Doña Ana County, the Detention Center, and Christopher Barela (collectively, County Defendants) for negligence after she was as... More...    $0 (02-11-2014 - NM)

The Wild Horse Observers Association (WHOA), appeals the district court’s dismissal of its petition for injunctive relief and a declaratory judgment against the United States Department of the Interior and the United States Bureau of Land Management (collectively, the “BLMâ€�), and New Mexico resident, Al Baca, who owns land adjacent to federal land. The district court dismissed WHOA’s suit ... More...    $0 (12-20-2013 - NM)

Defendant Officer Patricia Yazzie appeals the district court’s denial of qualified immunity in this § 1983 action alleging wrongful arrest and imprisonment (Count I) and illegal seizure of property (Count II). This is an interlocutory appeal following the district court’s ruling in an action brought by Spero Panagoulakos pursuant to 42 U.S.C. §§ 1983 and 1988, and 28 U.S.C. § 1343. The “... More...    $0 (12-20-2013 - NM)

Appellants seek reversal of the district court’s order denying their motion to dismiss claims asserted against them by Michael Wilson, Sr. under 42 U.S.C. § 1983. Wilson alleges he was unlawfully detained and deprived of his constitutional right to a prompt probable cause determination. Appellants claim they are entitled to qualified immunity. The district court concluded Wilson’s complaint a... More...    $0 (05-03-2013 - NM)

The City of Albuquerque, Martin Chavez, and Robert White (collectively, the “Cityâ€�), appeal a jury verdict finding that they retaliated against Plaintiff - Appellee Judy Kelley, formerly an Albuquerque assistant city attorney, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the New Mexico Human Rights Act (“NMHRAâ€�), N.M. STAT. ANN. § 28-1-1 et se... More...    $0 (09-17-2008 - NM)

Alvin Valenzuela, an enrolled member of the Tohono O’odham Nation (the “Nationâ€�), through counsel, filed a petition for writ of habeas corpus pursuant to 25 U.S.C. § 1303 seeking relief from tribal court convictions and his sentence. While Mr. Valenzuela’s petition was pending in federal district court, he completed his sentence and was released from prison. The district court concluded t... More...    $0 (11-15-2012 - NM)

Russell W. Chavez is a member of the Navajo Nation, a federally recognized Indian Tribe. He filed in federal district court a pro se 42 U.S.C. § 1983 civil rights complaint against the Navajo Nation and various Tribal officials. Defendants moved to dismiss the case for failure to state a claim under Fed. R. Civ. P. 12(b)(6).

The district court dismissed the case for lack of jurisdiction. T... More...    $0 (05-16-2012 - NM)

Appellant Janice L. Schrader, a pro se litigant, appeals the district court’s grant of summary judgment against her on claims she brought pursuant to 42 U.S.C. § 1983 and the New Mexico Tort Claims Act. Schrader also seeks leave to proceed in forma pauperis (“IFPâ€�). We have jurisdiction under 28 U.S.C. § 1291, and we deny her request to proceed IFP and affirm the district court’s decisio... More...    $0 (01-31-2012 - NM)

Public officials using the power of their perches to wring money and favors from those they are supposed to serve is a problem as old as government itself. But the problem hardly persists for a lack of effort to eradicate it. Cicero tried to expunge extortion from the public arena when he prosecuted the plundering Roman governor Gaius Verres, and we do much the same today when we prosecute plunder... More...    $0 (01-23-2012 - NM)

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131–65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constit... More...    $0 (01-11-2012 - NM)

In this appeal we must decide whether the defendant deputy district attorneys are entitled to qualified immunity for the advice they gave the sheriff’s deputy who arrested plaintiff for allegedly interfering with the custodial or visitation rights of her son’s father, in violation of New Mexico law.1 We agree with the district court that the district attorneys are entitled to qualified immunit... More...    $0 (01-09-2012 - NM)

Do we have to decide a qualified immunity appeal involving close questions of law that the district court hasn’t yet addressed? Do the police violate a suspect’s clearly established rights by requesting his hospital records? And do authorities have probable cause to arrest a trained marksman who makes suspicious statements in the wake of a shooting, who leads officers on a high speed chase, an... More...    $0 (12-20-2011 - NM)

This appeal comes to us from the district court’s denial of the defendantsappellants’ motion to dismiss a complaint alleging 42 U.S.C. § 1983 claims against them for violation of the plaintiff-appellee’s rights under the Fourteenth Amendment to substantive due process, procedural due process, and equal protection. The appellants argued, among other things, that their qualified immunity from... More...    $0 (11-08-2011 - NM)