New Mexico Immunity Law

Clifton White v. Alisha Tafoya Lucero, et al.

Santa Fe, New Mexico civil rights lawyer represented the Plaintiff claiming that his constitutional rights were violated by the Defendants who failed to release him after he told them that his term of incarceration for violating probation was wrongfully entered. MoreLaw's goal is to help people seeking legal assistance to find the best lawyers available to represent them in any count... More...

$0 (05-01-2025 - NM)

ramior Alcala v. Deputy Sheriff Arturo Ortega, et al.

Las Cruces, New Mexico, civil rights lawyers represented the Plaintiff who sued on a personal injury wrongful death civil rights violation theory. This case arose from the fatal shooting of Diego Eguino-Alcala during a standoff with a deputy sheriff from DoÃ±a Ana County, New Mexico. The Personal Representative of Eguino-Alcala's estate (the "Estateâ€) appeals the district co... More...

$0 (02-24-2025 - NM)

Perla Enriquez, et al. v. Jared Cosper, et al.

Las Cruces, New Mexico, civil rights lawyer represented the Plaintiff who sued on a personal injury wrongful death civil rights violation theory. This case arises from the fatal shooting of Amelia Baca, a 75-year-old, mentally diminished woman in Las Cruces, New Mexico. The Estate filed a complaint alleging that the police officer who shot her acted with excessive force in violation of th... More...

$0 (02-24-2025 - NM)

Richard Vanhorn, Sr. v. Carlsbad Municipal School District, et al.

<h2> Carlsbad, New Mexico personal injury lawyer represented the Plaintiff. </h2> Richard Vanhorn Sr., as next friend of his minor child Richard Jr., sued the Carlsbad Municipal School District and Carlsbad Municipal School Board falls under the waiver of immunity (the building waiver) found in the New Mexico Tort Claims Act (TCA), NMSA 1978, Â§Â§ 41-4-1 to -27 (1976, amended ... More...

$0 (01-22-2024 - NM)

Phillip Trujillo and Salvador Gonzalez v. Roger Foster, et al.

<h2> Bernalillo, New Mexico indian law lawyers represented the parties in an employment law case. </h2> {¶1} Plaintiffs Phillip Trujillo and Salvador Gonzalez were terminated from their positions with the Pueblo of Santa Ana's (the Pueblo) Police Department (the Department) and sued Defendants Roger Foster, Patrick Segura, Timothy Menchego, Greg Aguino, and Bonadelle Ca... More...

$0 (04-23-2024 - NM)

<H2> Alicia Kay Ferrill v. Colfax County Board of Commissioners, et al. </H2>

Albuquerque, New Mexico civil rights lawyer represented Plaintiff, who sued Defendants on a Civil Rights Act Violation theory. <table> <h1> <center> <a font="red" href="https://www.morelaw.com/newmexico/news/albuquerque/" target="_new">MoreLaw Legal News For Albuquerque</a> </center> </h1> </table> </center> The beneficiaries of the Estate of Le... More...

$0 (02-01-2023 - NM)

Erika Tafoya v. State of New Mexico

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 October... More...

$0 (02-04-2021 - NM)

Roxanne Torres v. Janice Madrid; Richard Williamson

<center> <img width="300" src="http://www.nmd.uscourts.gov/sites/nmd/files/Albuquerque%20PVD.jpg"> </center> In this excessive-force case, Roxanne Torres appeals from a district court order that granted the defendants’ motion for summary judgment on the basis of qualified immunity. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. BACKGROUND Early in th... More...

$0 (05-02-2019 - NM)

United States of America v. Michael Dalton

<center> <img width="300" src="http://www.nmd.uscourts.gov/sites/nmd/files/LasCruces_1.jpg"> </center> In 2017, Michael Dalton was convicted by a jury of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Dalton challenges his conviction on several evidentiary grounds. We agree with only one of Dalton’s arguments—that the ... More...

$0 (03-21-2019 - NM)

Darlene Collins v. Charles W. Daniels, et al.

<center> <img width="300" src="http://www.nmd.uscourts.gov/sites/nmd/files/Albuquerque%20PVD.jpg"> </center> This is a § 1983 case that challenges the constitutionality of New Mexico’s system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of New Mexico (“BBANM”), and five New Mexico state legislators (the “Legislator Plaintiffs”) a... More...

$0 (02-26-2019 - NM)

Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al.

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 bro... More...

$0 (07-24-2018 - NM)

STATE OF NEW MEXICO v. JOSHUA MAESTAS <table> <td>

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... More...

$0 (01-09-2018 - NM)

STATE OF NEW MEXICO v. JOHN N. “JACK” McDOWELL, JR., <table> <td>

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 ... More...

$0 (01-07-2018 - NM)

Quentin Scott v. City of Albuquerque

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 immuni... More...

$0 (10-05-2017 - NM)

Matthew Malone v. Board of County Commissioners of Dona Ana County and The City of Las Cruces, New Mexico

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 c... More...

$0 (09-08-2017 - NM)

Michael "Miguel" Gutierez v. Lt. Sam Rodriguez, et al.

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... More...

$0 (08-10-2017 - NM)

Arsenio Cordova v. Jill Cline, et al.

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 citizensï¿½ 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, ï¿... More...

$0 (05-26-2017 - NM)

State of New Mexico v. William Kalinowski

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.<b... More...

$0 (12-02-2016 - NM)

United States of America v. Enrique Chavarria

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)

Ramirez v. New Mexico Children, Youth and Families Department

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, Se... More...

$0 (04-16-2016 - NM)

Mocek v. City of Albuquerque

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 identi... More...

$0 (01-24-2016 - NM)

United States v. Ulibarri

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)

J.H. v. Bernalillo County

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 j... More...

$0 (11-27-2015 - NM)

Stephen Maresca v. Bernalillo County

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 stole... More...

$0 (10-22-2015 - NM)

Tenorio v. Pitzer

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... More...

$0 (10-11-2015 - NM)

Russell Tenorio v. Brian Pitzer

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 ... More...

$0 (10-06-2015 - NM)

Elvia Cordero v. Todd Froats

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... More...

$0 (09-02-2015 - NM)

Domingo Gomez v. Benjamin Martin

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. Â§ 1291, we affirm. I On September 26, 2008, Mr. Gomez's then-wife, Myrna Gomez, and her mother, Bellia Armendariz, contacted the DoÃ±a Ana ... More...

$0 (11-17-2014 - NM)

Brett Woods v. Standard Insurance Company

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 Stonecipher v. Special Agent Carlos Valles

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 v. Scott Bidegain, Chairman of the New Mexico State Game Commission

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. Â§ 1538(a) (2006); 50 C.F.R. Â§ 17.84(k) (2011). In the complaint, WildEarth alleged that trappers improperly killed or injured Mexican gray wolves, which are protected by sta... More...

$0 (02-19-2014 - NM)

Sunshine Haven Nursing Operations, lLC d/b/a Sunshine Haven Lordsburg

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 the... More...

$0 (02-14-2014 - NM)

Monique Villalobos v. Board of County Commissioners of Dona Ana County, New Mexico

{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 DoÃ±a Ana County Detention Center (Detention Center), sued the Board of County Commissioners of DoÃ±a Ana County, the Detention Center, and Christopher Barela (collectively, County Defendants) for negligence after she wa... More...

$0 (02-11-2014 - NM)

Wild Horse Observers Association, Inc. v. Sally Jewell

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 ag... More...

$0 (12-20-2013 - NM)

Spero Panagoulakos v. Patricia Yazzie

Defendant Officer Patricia Yazzie appeals the district court's denial of qualified immunity in this Â§ 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. Â§Â§ 1983 and 1988, and 28 U.S.C. Â§ 1343. The... More...

$0 (12-20-2013 - NM)

Michael Wilson, Sr. v. Lawrence Montano

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. Â§ 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 all... More...

$0 (05-03-2013 - NM)

Judy K. Kelly v. City of Albuquerque

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. Â§ 2000e et seq., and the New Mexico Human Rights Act ("NMHRAâ€), N.M. STAT. ANN. Â§ 28-1... More...

$0 (09-17-2008 - NM)

Alvin Valenzuela v. Steve Silversmith

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. Â§ 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 v. Navajo Nation Tribal Courts

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. Â§ 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.... More...

$0 (05-16-2012 - NM)

Janice L. Schrader v. William Richardson a/k/a Bill Richardson

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. Â§ 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. Â§ 1291, and we deny her request to proceed IFP and affirm the district court's decis... More...

$0 (01-31-2012 - NM)