Case 6:08-cv-00010-MV-LCS Document 36 Filed 06/16/2008 Page 1 of 61

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

JAIME BRAVO, JOSE ESTRADA, ADAM ORTIZ, EZEKIAL DIAZ, ELEE SILVA, ARLEN CRESPIN, VERONICA HERNANDEZ, MARTHA MUÑOZ, SERGIO ROBLEDO, REBECCA TELLES, RON HERNANDEZ, JEREMY ROBLEDO and EMA MURILLO, on behalf of themselves and a class of all similarly situated individuals,

Plaintiffs,

v.

No. 08-CV-10 MV/LCS

BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF DOÑA ANA, THE DOÑA ANA COUNTY DETENTION CENTER, CHRISTOPHER BARELA in his individual and official capacities, THE CITY OF LAS CRUCES, KEN MIYAGISHIMA in his official capacity, TERRENCE MOORE in his official capacity, THE LAS CRUCES POLICE DEPARTMENT, HARRY ROMERO in his official capacity, TODD GARRISON in his official capacity, THE DOÑA ANA COUNTY SHERIFF’S OFFICE, and JOHN AND JANE DOES 1-10,

Defendants.

SECOND AMENDED COMPLAINT FOR CLASS ACTION INJUNCTIVE RELIEF AND FOR DAMAGES FOR NAMED PLAINTIFFS

COME NOW Plaintiffs, by and through undersigned counsel, and bring this

Second Amended Complaint alleging, on knowledge as to their own acts and on

information and belief as to all other matters, the violation of their civil rights,

discrimination, and negligence.

PRELIMINARY STATEMENT

This is a class action brought on behalf of people with mental disabilities arrested

and detained in the Doña Ana County Detention Center (“DACDC”), to redress

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violations of their rights by Defendants. There are two groups of Defendants in this matter. The first group includes the Board of County Commissioners for the County of Doña Ana, which is responsible for all county operations, the Doña Ana County Detention Center, and Defendant Barela, as well as all John or Jane Doe Defendants involved in the operation of the Doña Ana County Detention Center (collectively “DACDC Defendants”). The second group of Defendants is comprised of two subgroups (collectively “Law Enforcement Defendants”). The first subgroup of Law Enforcement Defendants includes the City of Las Cruces, Defendant Miyagishima, Defendant Moore, the Las Cruces Police Department, and Defendant Romero, as well as all John and Jane Doe Defendants involved in the operation of the Las Cruces Police Department (collectively “LCPD Defendants”). The second subgroup of Law Enforcement Defendants includes Todd Garrison, the Doña Ana County Sheriff’s Office, the Board of County Commissioners for the County of Doña Ana, and all John and Jane Doe Defendants involved in the operation of the Doña Ana County Sheriff’s Office (collectively “DACSO Defendants”).
At least thirty percent of DACDC’s approximately nine hundred detainees have mental disabilities. Yet, the DACDC Defendants have continually and persistently ignored the mental health needs of detainees, and have failed to provide them with constitutionally adequate mental health services. They have never instituted an effective system for making routine, comprehensive assessments of detainees with symptoms of mental illness. Nor have they implemented an effective system for tracking the number and identities of detainees in need of mental healthcare. The DACDC Defendants have failed to provide regular monitoring of detainees’ mental healthcare needs, and have
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failed to provide Plaintiffs and other detainees with mental disabilities with the treatment they need.
Because the DACDC Defendants fail to provide a sufficient range of appropriate treatment options, they rely far too heavily upon the use of segregation for detainees with mental healthcare needs. Although a significant number of detainees in the segregation units exhibit obvious symptoms of serious mental illness, the DACDC Defendants have failed to conduct regular medical or mental health rounds in these units. Nor have they regularly reviewed the mental health status of detainees in segregation, to assess their ongoing treatment needs or the appropriateness of continued segregation. The DACDC Defendants insist on housing detainees with serious mental healthcare needs in segregation, despite the fact that isolation has particularly harmful effects on the mental health of these detainees.
The DACDC Defendants have also never engaged in meaningful discharge planning for detainees with mental disabilities. Instead, the DACDC Defendants routinely discharge these persons into the community, without even a prescription or a limited supply of the psychotropic medications they may have been taking in jail, without referrals to community mental health programs, and without any other essential discharge planning services needed to manage their mental illnesses. The predictable result is often recidivism and a cycle of arrests and detentions, at a great personal cost to the individual and at a great financial and social cost to the public at large.
The Law Enforcement Defendants are well aware of the DACDC Defendants’ failure to meet the serious mental healthcare needs of detainees. Nevertheless, the Law Enforcement Defendants persist in a discriminatory pattern and practice of arresting
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persons with mental disabilities and transporting them to DACDC, instead of taking them to appropriate community based services or otherwise diverting them from the criminal justice system. In addition, the Law Enforcement Defendants have failed to reasonably accommodate the mental disabilities of Plaintiffs and other class members in their investigation and arrest policies and practices. This is the result of the Law Enforcement Defendants’ failure to effectively train law enforcement personnel to recognize the signs of mental disabilities and respond appropriately.
The DACDC Defendants’ acts and omissions, as set forth herein, manifest deliberate indifference to the serious mental healthcare needs of Plaintiffs and the class they represent, in violation of the Eighth and Fourteenth Amendments to the United States Constitution and the New Mexico Constitution, Art. II §§ 13 and 18, giving rise to a cause of action pursuant to 42 U.S.C. §§ 1983 and 1988. The DACDC Defendants’ negligent acts and omissions also give rise to tort claims for the named Plaintiffs, pursuant to the New Mexico Tort Claims Act, NMSA 1978, §§ 41-4-6 and 41-4-9. The discriminatory acts and omissions of all Defendants violate the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. Accordingly, Plaintiffs seek class-wide preliminary and permanent injunctive relief to require Defendants to adopt and implement policies and practices to correct the violations of the law set out herein. The named Plaintiffs also seek damages for the violations of their rights.
JURISDICTION AND VENUE 1. This action was originally filed in the Third Judicial District Court for the State of
New Mexico. Plaintiffs invoked the jurisdiction of the Third Judicial District
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Court pursuant to the Declaratory Judgment Act, NMSA 1978, §§ 44-6-1 to 44-615 (1975), the New Mexico Constitution, and New Mexico common law. Defendants sought removal of this action, pursuant to 28 U.S.C. § 1331 and 1343, due to the existence of federal questions. 2. Given that all parties are residents of New Mexico and/or doing business within New Mexico, and all of the acts complained of occurred within New Mexico, venue in this district is proper pursuant to 28 U.S.C. § 1391. 3. This Court has proper subject matter and personal jurisdiction over the parties. 4. The named Plaintiffs have exhausted all statutory pre-conditions to filing this suit. 5. This action seeks injunctive relief pursuant to Fed. R. Civ. P. 57 and declaratory relief pursuant to 28 U.S.C. § 2201.
PARTIES Named Plaintiffs 6. Jaime Bravo, a permanent resident of Doña Ana County, New Mexico, was detained in DACDC until on or about February 2008. 7. Ezekiel Diaz, a permanent resident of Doña Ana County, New Mexico, was detained in DACDC until on or about February 28, 2008. 8. Jose Estrada resides in Doña Ana County, New Mexico and was detained in DACDC until on or about January 2, 2008. 9. Adam Ortiz resides in Doña Ana County, New Mexico and was detained in DACDC until on or about February 2, 2008. 10. Elee Silva, a permanent resident of Doña Ana County, New Mexico, was detained in DACDC until on or about October 18, 2007.
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11. Arlen Crespin resides in Doña Ana County, New Mexico and was detained in DACDC until on or about May of 2008.
12. Veronica Hernandez resides in Doña Ana County, New Mexico and was detained in DACDC until on or about June 1, 2008.
13. Martha Muñoz resides in Doña Ana County, New Mexico and is detained in DACDC.
14. Sergio Robledo resides in Doña Ana County, New Mexico and was detained in DACDC until on or about May of 2008.
15. Rebecca Telles resides in Doña Ana County, New Mexico and is detained in DACDC.
16. Ron Hernandez resides in Doña Ana County, New Mexico, and was detained in DACDC until on or about February of 2007.
17. Jeremy Robledo is a permanent resident of Doña Ana County, New Mexico, and was detained in DACDC until on or about July of 2007.
18. Ema Murillo resides in Doña Ana County, New Mexico, and was detained in DACDC until on or about June 10, 2008.
19. Plaintiffs, and those similarly situated, have mental disabilities that substantially limit their ability to perform major life activities. They also have a record of such mental disabilities and are regarded by Defendants as having such mental disabilities. They are therefore individuals with disabilities for the purposes of the Americans with Disabilities Act, 42 U.S.C. § 12102, and Section 504 of the Rehabilitation Act, 29 U.S.C. § 705(20).
20. Plaintiffs and those similarly situated are “qualified individuals with a
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disability” within the meaning of the ADA and Section 504. Defendants
21. Defendant Board of County Commissioners for the County of Doña Ana (hereinafter “Board”) is the proper party subject to suit regarding claims against Doña Ana County. Defendant Board is a political subdivision of the State of New Mexico and a "person" under 42 U.S.C. § 1983. Defendant Board is a "public entity" as that term is defined in the Americans with Disabilities Act, 42 U.S.C. § 12131(1)(A), (B). Upon information and belief, Defendant Board receives federal financial assistance and is subject to Section 504 of the Rehabilitation Act, 29 U.S.C.§ 794.
22. Defendant Doña Ana County Detention Center (“DACDC”) is the agency responsible for the safe, secure, and humane housing of detainees in Doña Ana County, and is responsible for any unsafe, dangerous, defective, or illegal conditions within its facilities. Defendant DACDC is a “public entity” as that term is defined in the Americans with Disabilities Act, 42 U.S.C. §12131(1)(A), (B). Upon information and belief, Defendant DACDC receives federal financial assistance and is subject to Section 504 of the Rehabilitation Act, 29 U.S.C.§ 794.
23. Defendant Christopher Barela is, and was at all pertinent times, Director of DACDC. As such, he is the legal custodian of all detainees at DACDC and is responsible for the safe, secure and humane housing of those detainees. Defendant Barela is and was responsible for any unsafe, dangerous, or defective conditions at DACDC, which is on property owned and operated by Defendant
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Board. At all times relevant hereto, Defendant Barela acted within the scope of his duties and employment, under color of state law. Defendant Barela is sued in his individual and official capacities. 24. Defendant City of Las Cruces (“Las Cruces”) is a political subdivision of the State of New Mexico, which operates the Las Cruces Police Department (“LCPD”), and is a "public entity" as that term is defined in the Americans with Disabilities Act, 42 U.S.C. § 12131(1)(A), (B). Upon information and belief, Defendant Las Cruces receives federal financial assistance and is subject to Section 504 of the Rehabilitation Act, 29 U.S.C.§ 794. 25. Defendant Ken Miyagishima is the Mayor of the City of Las Cruces, and as such is responsible for determining the policies and practices of police in the community, including whether to arrest people with mental disabilities and whether to transport them to DACDC or to an appropriate treatment facility. At all times relevant hereto, Defendant Miyagishima acted within the scope of his duties and employment, under color of state law. Defendant Miyagishima is sued in his official capacity. 26. Defendant Terrence Moore is the City Manager of the City of Las Cruces, and as such is responsible for determining the policies and practices of police in the community, including whether to arrest people with mental disabilities and whether to transport them to DACDC or to an appropriate treatment facility. At all times relevant hereto, Defendant Moore acted within the scope of his duties and employment, under color of state law. Defendant Moore is sued in his official capacity.
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27. Defendant Las Cruces Police Department (“LCPD”) is the law enforcement agency serving the City of Las Cruces, and as such is the agency responsible for determining the policies and practices of police in the community, including whether to arrest people with mental disabilities, and whether to transport them to DACDC or to an appropriate treatment facility. Defendant LCPD is a "public entity" as that term is defined in the Americans with Disabilities Act, 42 U.S.C. § 12131(1)(A), (B). Upon information and belief, Defendant LCPD receives federal financial assistance and is subject to Section 504 of the Rehabilitation Act, 29 U.S.C.§ 794.
28. Defendant Harry Romero is the Chief of Police of the City of Las Cruces, and as such is responsible for determining the policies and practices of police in the community, including whether to arrest people with mental disabilities, and whether to transport them to DACDC or to an appropriate treatment facility. At all times relevant hereto, Defendant Romero acted within the scope of his duties and employment, under color of state law. Defendant Romero is sued in his official capacity.
29. Defendant Doña Ana County Sheriff’s Office (“DACSO”) is the law enforcement agency serving the County of Doña Ana, and as such is the agency responsible for determining the policies and practices of law enforcement in the community, including whether to arrest people with mental disabilities, and whether to transport them to DACDC or to an appropriate treatment facility. Defendant DACSO is a "public entity" as that term is defined in the Americans with Disabilities Act, 42 U.S.C. § 12131(1)(A), (B). Upon information and
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belief, Defendant DACSO receives federal financial assistance and is subject to Section 504 of the Rehabilitation Act, 28 U.S.C.§ 794(a). 30. Defendant Todd Garrison is the Sheriff of Doña Ana County, and as such is responsible for determining the policies and practices of law enforcement officers in the community, including whether to arrest people with mental disabilities, and whether to transport them to DACDC or to an appropriate treatment facility. At all times relevant hereto, Defendant Garrison acted within the scope of his duties and employment, under color of state law. Defendant Garrison is sued in his official capacity. 31. John Doe 1 is an agent of Defendants Board, DACDC and/or Barela who decides which individuals with mental disabilities will be admitted to DACDC. John Doe 1 acted within the scope of his duties and employment, under color of state law, and is sued in his individual and official capacities. 32. Jane Doe 1 is an agent of Defendants Board, DACDC and/or Barela who decides which individuals with mental disabilities will be admitted to DACDC. Jane Doe 1 acted within the scope of her duties and employment, under color of state law, and is sued in her individual and official capacities. 33. John Doe 2 is an agent of Defendants City of Las Cruces, Miyagishima, Moore, the LCPD and/or Romero who establishes and/or implements the Las Cruces Police Department’s criteria for arrest and transport to DACDC of individuals with mental disabilities. John Doe 2 acted within the scope of his duties and employment, under color of state law, and is sued in his official capacity. 34. Jane Doe 2 is an agent of Defendants City of Las Cruces, Miyagishima, Moore,
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the LCPD and/or Romero who establishes and/or implements the Las Cruces Police Department’s criteria for arrest and transport to DACDC of individuals with mental disabilities. Jane Doe 2 acted within the scope of her duties and employment, under color of state law, and is sued in her official capacity. 35. John Doe 3 is an agent of Defendant Board who establishes and/or implements the Doña Ana County Sheriff’s Office’s criteria for arrest and transport to DACDC of individuals with mental disabilities. John Doe 3 acted within the scope of his duties and employment, under color of state law, and is sued in his official capacity. 36. Jane Doe 3 is an agent of Defendant Board who establishes and/or implements the Doña Ana County Sheriff’s Office’s criteria for arrest and transport to DACDC of individuals with mental disabilities. Jane Doe 3 acted within the scope of her duties and employment, under color of state law, and is sued in her official capacity. 37. Defendants John and Jane Doe 4-10 are agents and/or employees of the named Defendants who have violated the rights of Plaintiffs and the plaintiff class. John and Jane Doe 4-10 acted within the scope of their duties and employment, under color of state law, and are sued in their individual and official capacities.
CLASS ACTION ALLEGATIONS 38. Pursuant to Fed. R. Civ. P. 23(a) and (b)(2), Plaintiffs bring this action on
behalf of themselves and all those persons with mental disabilities who are, have been, or will be detained at DACDC. 39. The class is so numerous that joinder of all its members is impracticable. There
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are approximately nine hundred people housed in DACDC, which has a capacity for eight-hundred and forty-six beds. Defendant Barela has acknowledged that at least thirty to forty percent of the individuals detained in DACDC have a mental disability requiring some form of therapeutic service or support. Upon information and belief, there are other people with mental disabilities also housed at the jail. 40. There are questions of law and fact common to the named Plaintiffs and all other members of the class, including: a) whether members of the class are being denied adequate medical, psychiatric, psychological, educational and other therapeutic services and programs while detained at DACDC; b) whether DACDC Defendants fail to provide detainees with mental disabilities, upon discharge, with the medication, referrals, and other discharge planning services necessary to manage their disabilities and function in the community; and c) whether the DACDC Defendants have a legal duty to provide adequate treatment for detainees with mental disabilities at DACDC, including discharge planning services. 41. The named Plaintiffs will fairly represent and adequately protect the interests of members of the class as a whole. The named Plaintiffs do not have interests antagonistic to those of other class members. All class members share an interest in assuring that all people with mental disabilities in the jail receive the services and supports to which they are entitled, and that no person with a mental disability should be unnecessarily housed in the jail or unnecessarily segregated due to their mental disabilities. The named Plaintiffs and proposed
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class are represented by counsel who are experienced in class action and other civil rights litigation and can adequately represent the interests of the subclass. 42. The DACDC Defendants have acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive and declaratory relief with respect to the class as a whole. 43. Pursuant to Fed. R. Civ. P. 23(a) and (b)(2), Plaintiffs also bring this action on behalf of themselves and a subclass of all those detainees who have been, or will be, arrested and transported to DACDC inappropriately and/or without reasonable accommodations for their mental disabilities by the Law Enforcement Defendants (LCPD Defendants and DACSO Defendants). 44. The subclass is so numerous that joinder of all its members is impracticable, given that a large percentage of the persons Law Enforcement Defendants investigate, arrest and transport to DACDC for detention have a mental disability, requiring reasonable accommodations. 45. There are questions of law and fact common to the named Plaintiffs and other members of the subclass, including: a) whether the Law Enforcement Defendants engage in a pattern and practice of arresting people with mental disabilities simply because of their mental disabilities or for conduct for which a person without mental disabilities would not be arrested; b) whether the Law Enforcement Defendants engage in a pattern and practice of transporting persons with mental disabilities to DACDC, rather than to an appropriate community based program; c) whether the Law Enforcement Defendants have failed to provide effective training to law enforcement personnel that would
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enable them to determine whether mental disability is a factor in an incident and to respond appropriately; d) whether the Law Enforcement Defendants have failed to implement effective policies, procedures, and services to enable police officers, dispatchers, and other relevant personnel to respond appropriately to incidents involving people with mental disabilities; and e) whether the Law Enforcement Defendants have failed to provide reasonable accommodations to persons with mental disabilities in their investigation and arrest practices. 46. The claims of the named Plaintiffs are typical of the claims of the subclass as a whole. 47. The named Plaintiffs will fairly represent and adequately protect the interests of members of the subclass as a whole. The named Plaintiffs do not have interests antagonistic to those of other subclass members. All subclass members share an interest in assuring that all people with mental disabilities are provided reasonable accommodations during the investigation and arrest process, not unnecessarily placed in confinement, and provided with the necessary treatment for their mental disabilities. The named Plaintiffs and proposed subclass are represented by counsel who are experienced in class action and other civil rights litigation and can adequately represent the interests of the subclass. 48. The Law Enforcement Defendants have acted or refused to act on grounds generally applicable to the subclass, thereby making appropriate final injunctive and declaratory relief with respect to the subclass as a whole.
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STATEMENT OF FACTS DACDC’s Failure to Provide Adequate Mental Health Care 49. At all relevant times relevant, Defendants Board, DACDC, and Barela were the policymakers of DACDC. 50. DACDC houses approximately 800 to 900 detainees. 51. Although there is no formal system of tracking how many detainees in DACDC have mental illness, Defendant Barela has estimated that approximately thirty to forty percent of DACDC detainees have a mental illness. 52. Defendants Board, DACDC, and Barela, and all other Defendants who are their agents and/or employees performing duties related to the operation of DACDC (collectively “DACDC Defendants”), have engaged in a pattern and practice of failing to provide adequate mental healthcare to Plaintiffs and the class they represent, including but not limited to: a) failing to provide adequate screening for mental health issues for all detainees upon admission; b) failing to have a system to properly screen individual detainees for their mental health needs upon placement into maximum segregation; c) failing to properly monitor the mental health needs of detainees held in the maximum segregation unit; d) failing to provide needed psychiatric assessment and treatment to all individuals in the DACDC; e) failing to establish systems to provide necessary mental healthcare and psychiatric care to detainees; f) failing to have a system to arrange for transfer to treatment facilities of those jail residents whose serious mental health needs cannot be addressed within the jail; and g) failing to provide discharge planning when people needing mental health treatment are leaving the jail.
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53. In 2006, residents and former residents of the DACDC and their family members contacted lawyers and advocates regarding the inadequate mental health services provided by the DACDC Defendants to individuals arrested in Doña Ana County.
54. Among those contacted was Protection and Advocacy System (P&A). P&A is a private non-profit New Mexico corporation, designated as New Mexico’s Protection and Advocacy System, pursuant to the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. § 10801, and is charged with the duty to protect and advocate for the rights of individuals with mental disabilities.
55. On December 11-13, 2006, jail conditions expert Henry A. Dlugacz, at the behest of P&A, conducted an inspection of DACDC, focusing on whether the mental health service delivery system was able to meet the mental healthcare needs of DACDC residents. In a memorandum dated December 21, 2006, Mr. Dlugacz recommended changes to the mental health services provided at DACDC. A copy of Mr. Dlugacz’s memorandum was provided to Defendant Barela.
56. Mr. Dlugacz’s memorandum noted deficits in the intake process, including deficiencies in the training provided to personnel conducting mental health screening and the screening protocol itself. Mr. Dlugacz’s memorandum also noted deficits in the provision of post-admission mental health services, including a lack of comprehensive assessment procedures, inadequate treatment planning, inadequate provision of mental healthcare services, and the absence of procedures to address detainees who are overly psychotic and may lack legal decisionmaking capacity. Mr. Dlugacz observed that DACDC was improperly overusing it segregation units, due to its lack of appropriate mental health services. Mr.
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Dlugacz also noted deficiencies in documentation and insufficient staffing levels. Mr. Dlugacz provided detailed recommendations to remedy the various deficiencies noted. 57. Defendants Board, DACDC, and Barela took no action in response to Mr. Dlugacz's recommendations. 58. On June 5, 2007, P & A sent a letter to Defendant Barela, requesting that problems regarding DACDC’s inadequate mental health care system be corrected, including DACDC’s deficient process, DACDC’s failure to identify and track detainees in need of mental health services, DACDC’s failure to provide appropriate assessment, treatment planning, and mental health treatment, and DACDC’s inappropriate segregation of detainees with mental disabilities. The June 5, 2007 letter further requested that Defendant Barela take steps to remedy inadequate medical charting, and to work on filling staff vacancies. 59. Defendants Board, DACDC, and Barela have not complied with the requested changes. 60. The DACDC Defendants have acted with deliberate indifference to the serious medical, health and safety needs of Plaintiffs and the class they represent, and with deliberate indifference to the risk that they will suffer serious mental disability, injury or death. The actions and inactions described herein are not reasonably related to any legitimate penological objectives. 61. The DACDC Defendants had and have a duty to exercise reasonable care in the maintenance and operation of DACDC and its medical unit for the health and safety of Plaintiffs and the class they represent.
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62. The DACDC Defendants’ acts and omissions were and are in derogation of any known standard for the proper administration of a correctional or detention facility.
63. The DACDC Defendants have discriminated against Plaintiffs and the class they represent on the basis of their mental disabilities, excluding them from participation in, or denying them the benefits of, DACDC’s services, programs or activities, and also unnecessarily segregating them in inappropriately isolated settings.
64. The DACDC Defendants’ acts and omissions constitute negligence, gross negligence and recklessness toward Plaintiffs and the class they represent, including but not limited to the failure to: a) manage adequately all operations of DACDC; b) exercise general supervisory authority over all DACDC employees; c) organize DACDC health and safety procedures adequately; and d) issue and enforce orders and instructions against conduct such as that complained of herein.
65. The DACDC Defendants’ constitutional violations, discriminatory actions, and negligence, gross negligence or recklessness proximately caused Plaintiffs’ damages and injuries, including pain and suffering, and severe psychological and emotional distress, including an exacerbation of their symptoms of mental illness. Discriminatory Law Enforcement Practices
66. The Law Enforcement Defendants (LCPD Defendants and DACSO Defendants) have engaged in a pattern and practice of failing to reasonably accommodate the
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mental disabilities of Plaintiffs and other class members in their investigation and arrest policies and practices. The Law Enforcement Defendants have further engaged in a department-wide pattern and practice of arresting persons with mental disabilities on the basis of their mental disabilities or for conduct for which people without mental disabilities would not be arrested. The Law Enforcement Defendants then arrange to transport these arrestees to DACDC for confinement, instead of taking them to appropriate community based services or otherwise diverting them from the criminal justice system. 67. These discriminatory arrests sometimes occur because law enforcement officers misperceive behavior associated with a person’s mental disability as criminal conduct. Other times, the arrests occur because law enforcement officers respond inappropriately to a person with a mental disability and unnecessarily escalate the situation. 68. The Law Enforcement Defendants have failed to provide effective training to police officers, dispatchers and other relevant personnel that would enable them to determine whether mental disability is a factor in an incident and to respond appropriately. 69. The Law Enforcement Defendants have also failed to implement effective policies, procedures and services to enable police officers, dispatchers and other relevant personnel to respond appropriately to incidents involving people with mental disabilities. 70. The Law Enforcement Defendants’ failure to provide effective training, policies, procedures and services helps perpetuate their practice of sending people with
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mental disabilities to DACDC, despite the fact that DACDC does not provide appropriate mental healthcare services, instead of referring them to appropriate community-based services or otherwise diverting them from the criminal justice system. 71. The Law Enforcement Defendants’ failure to provide the necessary training, policies, procedures, and other reasonable accommodations to people with mental disabilities constitutes discrimination in violation of the ADA and Section 504. 72. The acts and omissions of the Law Enforcement Defendants alleged in this Complaint proximately caused Plaintiffs’ damages and injuries, including pain and suffering, and an exacerbation of their symptoms of mental illness.
Plaintiff Jaime Bravo 73. Jaime Bravo was a detainee at DACDC from on or about April 19, 2007 until
approximately February of 2008. 74. Mr. Bravo has a mental illness. He has been diagnosed with major depression,
anxiety, and acute psychosis. 75. LCPD officers arrested Mr. Bravo on or about April 19, 2007, following a
domestic dispute. 76. Mr. Bravo was a pretrial detainee at DACDC until his conviction on or about
January 10, 2008, and remained at DACDC until approximately February of 2008. 77. Mr. Bravo's mental disability and immediate need for mental health services were obvious at the time of his arrest by the LCPD on or about April 19, 2007, such that the individuals involved in his arrest knew or should have known of his
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mental disability and immediate need for mental health services. For example, LCPD officers reported that Mr. Bravo would not “calm down” and continued to yell and be combative, even after he had been tazed several times and had been given multiple knee and elbow strikes. 78. The individuals involved in the arrest of Mr. Bravo failed to reasonably accommodate Mr. Bravo’s disability during the course of investigation and arrest, causing Mr. Bravo to suffer greater injury or indignity in that process than other arrestees. 79. LCPD officers arranged for Mr. Bravo to be transported to DACDC, instead of referring him to appropriate community based services. 80. Mr. Bravo's mental disability and immediate need for mental health services were obvious at the time he was admitted to DACDC on or about April 19, 2007, such that the individuals involved in his admission to DACDC knew or should have known of his mental disability and immediate need for mental health services. 81. Mr. Bravo attempted to hang himself at DACDC shortly after his admission to DACDC. 82. Following his suicide attempt, DACDC staff placed Mr. Bravo in a restraint chair and later secluded him in a padded cell, where Mr. Bravo continued to exhibit suicidal behaviors, biting his fingers and arm and threatening to fracture his larynx. 83. On or about August 6, 2007, Mr. Bravo attempted to hang himself with a sheet in his cell at DACDC. 84. Following this second suicide attempt on or about August 6, 2007, DACDC staff
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secluded Mr. Bravo in a padded cell, without screening him for his mental health needs. 85. On or about August 22, 2007, Mr. Bravo once again attempted to hang himself in his cell. DACDC staff placed him in a restraint chair as a consequence. 86. On or about November 15, 2007, Mr. Bravo made a fourth suicide attempt, by cutting his arm with a razor blade, necessitating stitches. DACDC staff placed him in a padded cell as a consequence. 87. On or about November 16, 2007, Mr. Bravo tore out his sutures. DACDC staff placed him in a restraint chair as a consequence. 88. On or about November 27, 2007, Mr. Bravo tore out his stitches with his teeth, reopening his wound. In response, DACDC staff tazed Mr. Bravo and then placed him in a padded cell. 89. During approximately August or September 2007, DACDC staff placed Mr. Bravo in segregation, without screening him for mental health issues. 90. Mr. Bravo, a Spanish speaker who is not fluent in English, was never informed by any DACDC employee of DACDC's grievance or medical request procedures. 91. P&A repeatedly brought Mr. Bravo's need for psychiatric assistance to the attention of Defendant Barela and other DACDC employees, but he still did not receive the necessary mental health care. 92. Mr. Bravo had previously been a detainee at DACDC on approximately two other occasions, but was discharged each time without appropriate medication, referrals or other discharge planning.
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Plaintiff Jose Estrada 93. Jose Estrada was a detainee at DACDC from on or about July 5, 2007 until on or
about January 2, 2008. 94. Mr. Estrada has a mental illness. He has been diagnosed with depression and
schizophrenia. 95. On or about July 5, 2007, LCPD officers arrested Mr. Estrada following a
domestic dispute. 96. Mr. Estrada’s mental disability and immediate need for mental health services
were obvious at the time of his arrest, such that the LCPD individuals involved in his arrest knew or should have known of his mental disability and immediate need for mental health services. 97. The individuals involved in the arrest of Mr. Estrada failed to reasonably accommodate Mr. Estrada’s disability during the course of investigation and arrest, causing Mr. Estrada to suffer greater injury or indignity in that process than other arrestees. 98. LCPD officers arranged for Mr. Estrada to be transported to DACDC, instead of referring him to appropriate community based services. 99. Mr. Estrada's mental disability and immediate need for mental health services were obvious at the time of his admission to DACDC on or about July 5, 2007, and employees of DACDC were informed of his history of mental illness, such that the individuals involved in Mr. Estrada’s admission to DACDC knew or should have known of his mental disability and immediate need for mental health services.
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100. On or about August of 2007, DACDC staff placed Mr. Estrada in segregation for approximately three weeks, without providing him any meaningful opportunity to obtain mental health treatment.
101. Mr. Estrada, who suffered a head injury during a fight prior to being placed in segregation, repeatedly requested medical attention during his time in segregation, due to dizziness, headaches and hallucinations, but to no avail.
102. Mr. Estrada verbally requested mental health services on numerous occasions, but to no avail.
103. On or about August 13, 2007 and September 7, 2007, Mr. Estrada filled out medical request forms, asking for mental health services, but to no avail.
104. Due to a positive result on a previous tuberculosis test, Mr. Estrada needs periodic chest X-rays. He repeatedly requested a chest X-Ray while at DACDC, but to no avail.
105. Shortly after P&A's visit to DACDC during September 2007, DACDC staff brought Mr. Estrada into the medical unit, where medical staff confronted him for having spoken with P&A about not receiving mental healthcare. At this time, Mr. Estrada began to receive an unknown medication, which failed to improve his symptoms of mental illness.
106. Further, Mr. Estrada did not receive his medications consistently at DACDC. On at least one occasion, DACDC employees told Mr. Estrada that they had run out of his medications and would need to order more.
107. Mr. Estrada continued to file grievances, but to no avail. 108. On or about January 2, 2008, Mr. Estrada was released from DACDC without
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being provided with medication or referred to appropriate community mental health services.
Plaintiff Adam Ortiz 109. Adam Ortiz was a detainee at DACDC from on or about September 24, 2007 until
on or about February 28, 2008. 110. Mr. Ortiz has a mental illness. He has been diagnosed with depression. 111. Mr. Ortiz came to DACDC from a juvenile detention center, where he was
identified as having a mental illness and received prescription medication to treat his symptoms of mental illness. 112. DACDC was made aware of Mr. Ortiz’s mental disability and immediate need for mental health services at the time of his admission to DACDC, such that the individuals involved in Mr. Ortiz’s admission to DACDC knew or should have known of his mental disability and immediate need for mental health services. 113. When Mr. Ortiz was transferred to DACDC, DACDC refused to furnish him with the medication that had been prescribed to treat his symptoms of mental illness at the juvenile detention center. DACDC instead provided him with a different medication that caused him to experience nausea and vomiting. 114. Mr. Ortiz continued to ask for appropriate treatment for his symptoms of mental illness, but to no avail. 115. On or about February 28, 2008, DACDC released Mr. Ortiz from jail without providing him with a supply and prescription for medications, referrals to appropriate community mental health services, or any other discharge planning services.
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Plaintiff Ezekiel Diaz 116. Ezekiel Diaz was a detainee at DACDC from on or about January 2, 2008 until on
or about February 28, 2008. 117. Mr. Diaz has a mental illness. He has been diagnosed with depression. 118. On or about January 2, 2008, LCPD officers arrested Mr. Diaz for allegedly
shoplifting a sweatshirt. 119. Mr. Diaz’s mental disability and immediate need for mental health services were
obvious at the time the LCPD arrested him, such that the individuals involved in his arrest knew or should have known of his mental disability and immediate need for mental health services. 120. The individuals involved in the arrest of Mr. Diaz failed to reasonably accommodate Mr. Diaz’s disability during the course of the investigations and arrests, causing Mr. Diaz to suffer greater injury or indignity in the process than other arrestees. 121. LCPD officers arranged for Mr. Diaz to be transported to DACDC, instead of referring him to appropriate community based services. 122. Mr. Diaz’s mental disability and immediate need for mental health services were obvious at the time he was admitted to DACDC on or about January 2, 2008, such that the individuals involved in his admission to DACDC knew or should have known of his mental disability and immediate need for mental health services. 123. Further, at the time of his admission to DACDC on or about January 3, 2008, Mr. Diaz alerted DACDC employees of his mental illness and need for psychotropic medication and mental health treatment.
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124. DACDC provided Mr. Diaz with a medication that failed to treat his symptoms of mental illness.
125. Mr. Diaz continued to submit requests to be seen by a psychiatrist, but to no avail. 126. Mr. Diaz did not receive the necessary and appropriate mental health services
during his most recent detention at DACDC. 127. Mr. Diaz had been previously detained in DACDC from approximately May of
2006 until on or about October 24, 2007. 128. Mr. Diaz’s mental disability and immediate need for mental health services were
obvious at the time LCPD officers arrested him on or about May of 2006, such that the individuals involved in his arrests knew or should have known of his mental disability and immediate need for mental health services. 129. The individuals involved in the May 2006 arrest of Mr. Diaz failed to reasonably accommodate Mr. Diaz’s disability during the course of the investigation and arrest, causing Mr. Diaz to suffer greater injury or indignity in the process than other arrestees. 130. LCPD officers arranged for Mr. Diaz to be transported to DACDC, instead of referring him to appropriate community based services. 131. Mr. Diaz’s mental disability and immediate need for mental health services were obvious at the time he was admitted to DACDC during approximately May of 2006, such that the individuals involved in his admission to DACDC knew or should have known of his mental disability and immediate need for mental health services. 132. DACDC provided Mr. Diaz with medication that failed to treat his symptoms of
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mental illness. 133. Mr. Diaz submitted requests for psychiatric assistance and a reassessment of his
medications on or about July 3, 2006, January 23, 2007, and February 25, 2007. 134. During approximately March or April of 2007, Mr. Diaz was placed on two
psychiatric medications. He was told that the dosage of these medications might need to be increased if the initial dosage did not adequately control his symptoms of mental illness. 135. On or about April or May of 2007, a medical technician discontinued Mr. Diaz’s psychiatric medications for approximately two weeks, apparently to punish Mr. Diaz for allegedly “cheeking” his medications. DACDC later reinstated Mr. Diaz’s medications, after he submitted a medical request form on or about May 10, 2007. 136. Several weeks later, after Mr. Diaz discovered that his medications did not adequately control his symptoms of mental illness, he began to request psychiatric assistance and a reassessment of his medications. 137. Mr. Diaz made numerous verbal requests for psychiatric assistance and a reassessment of his medications, but to no avail. 138. Mr. Diaz also filled out medical request forms, requesting psychiatric assistance and a reassessment of his medications, on or about July 22, 2007, August 6, 2007, August 26, 2007, September 6, 2007, October 3, 2007, and October 7, 2007. 139. Mr. Diaz also made a handwritten request for psychiatric services on or about September 7, 2007. 140. Although the medical request form submitted by Mr. Diaz on or about August 26,
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2007 indicates that he was placed on a waiting list for psychiatric services on August 20, 2007, Mr. Diaz still did not receive adequate psychiatric assistance during the remainder of his detention. 141. Mr. Diaz was released on or about October 24, 2007, without being provided with a prescription for the medications that he had been taking at DACDC, referrals for community mental health services, or any other discharge planning. 142. Mr. Diaz had been previously detained at DACDC on several other occasions, but was released each time without medications, referrals, or other appropriate discharge planning.
Plaintiff Elee Silva 143. Elee Silva was a detainee at DACDC from approximately February of 2007 until
on or about October 18, 2007. 144. Mr. Silva has a mental illness. He has been diagnosed with schizophrenia. 145. LCPD officers arrested Mr. Silva in or about February of 2007. 146. Mr. Silva's mental disability, delusional state of mind, and immediate need for
mental health services were obvious at the time he was arrested during approximately February of 2007, such that the LCPD individuals involved in his arrest knew or should have known of his mental disability and immediate need for mental health services. 147. The individuals involved in the arrest of Mr. Silva failed to reasonably accommodate Mr. Silva’s disability during the course of investigation and arrest, causing Mr. Silva to suffer greater injury or indignity in that process than other arrestees.
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148. LCPD officers arranged for Mr. Silva to be transported to DACDC, instead of being referred to appropriate community based services.
149. Mr. Silva's mental disability, delusional state of mind, and immediate need for mental health services were obvious at the time he was admitted to DACDC during approximately February of 2007, such that the individuals involved in his admission to DACDC knew or should have known of his mental disability and immediate need for mental health services.
150. DACDC employees told Mr. Silva that he was "disturbed," and that this was the reason he was not placed in DACDC’s general population.
151. During approximately May of 2007, DACDC staff placed Mr. Silva in segregation, without screening him for mental health issues or providing mental health services.
152. Mr. Silva received a psychiatric evaluation at the Central New Mexico Correctional Facility in Los Lunas, during approximately August or September of 2007. During the course of this evaluation, Mr. Silva was informed that he needed mental health treatment.
153. Mr. Silva repeatedly requested mental health treatment at DACDC to address his mental health issues, but to no avail.
154. Mr. Silva had been previously detained at DACDC on approximately three other occasions, but was discharged each time without medications, referrals to community mental health services, or other appropriate discharge planning. Plaintiff Arlen Crespin
155. Arlen Crespin has been detained at DACDC since on or about September 26,
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2007. 156. Mr. Crespin has a mental illness. He has been diagnosed with schizophrenia. 157. Mr. Crespin was a detainee at DACDC on at least one prior occasion, but was
released without medication or referrals or other appropriate discharge planning. 158. On or about September 26, 2007, LCPD officers arrested Mr. Crespin for a
probation violation. Mr. Crespin had just discharged himself from Mesilla Valley Hospital where he had been hospitalized for suicidality. 159. Previously, during June of 2006, Mr. Crespin pled guilty to charges arising out of an incident on or about May 18, 2006, and was placed on two years of supervised probation with a deferred sentence. As a condition of his probation, Mr. Crespin was required to successfully complete an inpatient treatment program. 160. Mr. Crespin's mental disability and immediate need for mental health services were obvious at the time of his arrest for violating his probation on or about September 26, 2007, such that the individuals involved in his arrest knew or should have known of his mental disability and immediate need for mental health services. 161. The individuals involved in the arrest of Mr. Crespin failed to reasonably accommodate Mr. Crespin’s disability during the course of investigation and arrest, causing Mr. Crespin to suffer greater injury or indignity in that process than other arrestees. 162. LCPD officers arranged for Mr. Crespin to be transported to DACDC, instead of referring him to appropriate community based services. 163. Mr. Crespin's mental disability and immediate need for mental health services
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were obvious at the time of his admission to DACDC on or about September 26, 2007, such that the individuals involved in Mr. Crespin’s admission to DACDC knew or should have known of his mental disability and immediate need for mental health services. 164. On or about February 14, 2008, the Third Judicial District Court entered an Order for Medical Services, ordering an immediate medical evaluation of Mr. Crespin. 165. As of on or about March 20, 2008, when the Third Judicial District Court reviewed its order, Mr. Crespin had still not received an evaluation. 166. Mr. Crespin has not received the necessary mental health services during the course of his present detention at DACDC. 167. Mr. Crespin was a detainee at DACDC on at least one prior occasion, but was released without medication, community service referrals, or other appropriate discharge planning. 168. On or about May 18, 2006, LCPD officers arrested Mr. Crespin, while he was roaming around a mall in a delusional state of mind. 169. Mr. Crespin's mental disability and immediate need for mental health services were obvious at the time of his arrest on or about May 18, 2006, such that the LCPD individuals involved in his arrest knew or should have known of his mental disability and immediate need for mental health services. 170. The individuals involved in Mr. Crespin’s arrest on or about May 18, 2006 failed to reasonably accommodate Mr. Crespin’s disability during the course of investigation and arrest, causing Mr. Crespin to suffer greater injury or indignity in that process than other arrestees.
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171. At the time of his May 2006 arrest, LCPD officers arranged for Mr. Crespin to be transported to DACDC, instead of referring him to appropriate community based services.
172. Mr. Crespin's mental disability and immediate need for mental health services were obvious at the time of his admission to DACDC on or about May 18, 2006, such that the individuals involved in Mr. Crespin’s admission to DACDC knew or should have known of his mental disability and immediate need for mental health services.
173. Mr. Crespin did not receive the necessary mental health services at DACDC during the course of his detention, from on or about May 18, 2006 through approximately June of 2006.
174. DACDC released Mr. Crespin during approximately June of 2006 without giving him a supply or prescription for medications he had been taking, without referring him to appropriate community mental health services, and without providing any other appropriate discharge planning. Plaintiff Veronica Hernandez
175. Veronica Hernandez has been detained at DACDC, from on or about January 3, 2008 until on or about June 1, 2008.
176. Ms. Hernandez has a mental illness. She has been diagnosed with bipolar disorder.
177. On or about January 3, 2008, LCPD officers arrested Ms. Hernandez in her home, for an outstanding warrant and for allegedly resisting arrest.
178. Ms. Hernandez's mental disability and immediate need for mental health services
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were obvious at the time of her arrest, such that the LCPD individuals involved in her arrest knew or should have known of her mental disability and immediate need for mental health services. For example, Ms. Hernandez yelled at the officers, stating that she had taken her medications and was trying to sleep. En route to the LCPD station, Ms. Hernandez repeatedly requested medical attention, while screaming, spitting, and shouting profanities at the officers. 179. The individuals involved in the arrest of Ms. Hernandez failed to reasonably accommodate her disability during the course of investigation and arrest, causing Ms. Hernandez to suffer greater injury or indignity in that process than other arrestees. 180. LCPD officers arranged for Ms. Hernandez to be transported to DACDC, instead of referring her to appropriate community based services, although Ms. Hernandez’s need for mental health treatment was obvious and Ms. Hernandez told the officers that she should be taken to the hospital rather than to jail. 181. Ms. Hernandez's mental disability and immediate need for mental health services were obvious at the time of her admission to DACDC on or about January 4, 2008, such that the individuals involved in Ms. Hernandez’s admission to DACDC knew or should have known of her mental disability and immediate need for mental health services. 182. At the time of her admission to DACDC, Ms. Hernandez informed DACDC staff of her need for medications to treat her mental illness. 183. Ms. Hernandez has made numerous requests for appropriate medications, but still did not receive the necessary mental health services.
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184. In or about March of 2008, a spider bit Ms. Hernandez at DACDC, causing a large wound on her cheek. DACDC’s failure to properly treat the spider bite, as requested by Ms. Hernandez, exacerbated her symptoms of mental illness.
185. DACDC released Ms. Hernandez on or about June 1, 2008 without providing appropriate discharge planning. Plaintiff Martha Muñoz
186. Martha Muñoz has been detained at DACDC since on or about December 14, 2007.
187. Ms. Muñoz has a mental illness. She has been diagnosed with anxiety, depression and post-traumatic stress disorder.
188. On or about December 14, 2007, LCPD officers arrested Ms. Muñoz for an outstanding warrant.
189. Ms. Muñoz's mental disability and immediate need for mental health services were obvious at the time of her arrest, such that the LCPD individuals involved in her arrest knew or should have known of her mental disability and immediate need for mental health services.
190. The individuals involved in the arrest of Ms. Muñoz failed to reasonably accommodate her disability during the course of investigation and arrest, causing Ms. Muñoz to suffer greater injury or indignity in that process than other arrestees.
191. LCPD officers arranged for Ms. Muñoz to be transported to DACDC, instead of referring her to appropriate community based services.
192. Ms. Muñoz's mental disability and immediate need for mental health services
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were obvious at the time of her admission to DACDC during approximately December 14, 2007, such that the individuals involved in Ms. Muñoz’s admission to DACDC knew or should have known of her mental disability and immediate need for mental health services. 193. Although the Third Judicial District Court entered an Order for Medical Services on or about February 14, 2008, ordering that Ms. Muñoz have an immediate medical evaluation, upon information and belief Ms. Muñoz did not receive an evaluation until several weeks later. 194. DACDC ultimately provided medication to Ms. Muñoz, but she continues to experience complete numbness in her hands and face, and sharp pains in her feet that shoot up her legs when she walks. Ms. Muñoz believes that the symptoms she is experiencing are due to improper psychiatric assessment and treatment. 195. Although Ms. Muñoz alerted staff at DACDC that she requires appropriate psychiatric treatment for her symptoms of mental illness, and submitted grievances requesting psychiatric services on or about December 15, 2007, December 19, 2007, December 23, 2007, December 28, 2007, December 29, 2007, January 1, 2008, January 7, 2008, January 19, 2008, January 25, 2008, February 18, 2008, February 21, 2008, February 24, 2008, Ms. Muñoz has still not received the appropriate and necessary services to address her symptoms of mental illness. 196. Ms. Muñoz had been previously detained in DACDC on approximately three other occasions, but was discharged each time without medication, community service referrals, or other appropriate discharge planning.
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Plaintiff Sergio Robledo 197. Sergio Robledo was a pre-trial detainee at DACDC from on or about April 27,
2007 until on or about May of 2008. 198. Mr. Robledo has a mental illness. He has been diagnosed with anxiety,
depression, and schizophrenia. 199. On or about April 27, 2007, an LCPD officer arrested Mr. Robledo, after stopping
him for “lingering” on a sidewalk in the night. Mr. Robledo became agitated when confronted and questioned by the officer and a struggle ensued. The LCPD officer tazed Mr. Robledo, and charged him with resisting arrest and battery on a peace officer. 200. Mr. Robledo’s mental disability and immediate need for mental health services were obvious at the time of his arrest by the LCPD during approximately April 27, 2007, such that the individuals involved in his arrest knew or should have known of his mental disability and immediate need for mental health services. For example, at the police station following his arrest, LCPD officers observed that Mr. Robledo was talking to himself about a lost dog and spitting on the floor. 201. The individuals involved in the arrest of Mr. Robledo failed to reasonably accommodate Mr. Robledo’s disability during the course of investigation and arrest, causing Mr. Robledo to suffer greater injury or indignity in that process than other arrestees. 202. LCPD officers arranged for Mr. Robledo to be transported to DACDC, instead of referring him to appropriate community based services. 203. Mr. Robledo's mental disability and immediate need for mental health services
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were obvious at the time of his admission to DACDC during approximately April 28, 2007, such that the individuals involved in Mr. Robledo’s admission to DACDC knew or should have known of his mental disability and immediate need for mental health services. 204. On or about May 3, 2007, Mr. Robledo’s mother alerted DACDC staff that Mr. Robledo has been diagnosed with a severe mental illness and required psychiatric medications to treat his mental illness. 205. On or about November 27, 2007, Mr. Robledo was “evaluated” by an NMSU graduate student in nursing, at which time he reported a history of psychiatric hospitalization. Mr. Robledo also reported visual hallucinations and delusions. The student recommended ordering copies of records from Mr. Robeldo’s psychiatric hospitalizations, and an order to this effect was written on or about November 27, 2007. 206. Mr. Robledo still did not receive the appropriate and necessary evaluation and mental health services. 207. Mr. Robledo had been previously detained in DACDC on several occasions, but was discharged each time without medications, community service referrals, or other appropriate discharge planning. 208. Mr. Robledo was released from DACDC on or about May of 2008 without medications, community service referrals, or other appropriate discharge planning.
Plaintiff Rebecca Telles 209. Rebecca Telles has been detained at DACDC since on or about November 13,
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2007. 210. Ms. Telles has a mental illness. She has been diagnosed with bipolar disorder,
schizoaffective disorder, post-traumatic stress disorder and schizophrenia. 211. On or about November 13, 2007, LCPD officers arrested Ms. Telles on several
outstanding warrants, including failure to appear. 212. Ms. Telles’ mental disability and immediate need for mental health services were
obvious at the time of her arrest, such that the LCPD individuals involved in her arrest knew or should have known of her mental disability and immediate need for mental health services. 213. The individuals involved in the arrest of Ms. Telles failed to reasonably accommodate her disability during the course of investigation and arrest, causing Ms. Telles to suffer greater injury or indignity in that process than other arrestees. 214. LCPD officers arranged for Ms. Telles to be transported to DACDC, instead of referring her to appropriate community based services. 215. Ms. Telles’ mental disability and immediate need for mental health services were obvious at the time of her admission to DACDC during approximately November 13, 2007, such that the individuals involved in Ms. Telles’ admission to DACDC knew or should have known of her mental disability and immediate need for mental health services. 216. At the time of her admission to DACDC, Ms. Telles informed DACDC staff of her need for medications to treat her mental illness, but was not provided with appropriate treatment for her mental illness. 217. In or about February of 2008, DACDC staff placed Ms. Telles in segregation,
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without screening her for mental health issues. 218. Ms. Telles has not received the necessary mental health services at DACDC. 219. LCPD officers previously arrested Ms. Telles on or about April 7, 2006,
following an incident at Memorial Medical Center. Ms. Telles reportedly refused to leave the hospital grounds after being discharged voluntarily from the fifth floor of the hospital, where she had been admitted for psychiatric issues. LCPD officers arrested Ms. Telles for allegedly taking a car opening device or “slim jim” that belonged to the hospital and also for entering a vehicle owned by Memorial Medical Center. 220. Ms. Telles’ mental disability and immediate need for mental health services were obvious at the time of her arrest by the LCPD on or about April 7, 2006, such that the individuals involved in her arrest knew or should have known of her mental disability and immediate need for mental health services. 221. The individuals involved in the arrest of Ms. Telles failed to reasonably accommodate her disability during the course of investigation and arrest, causing Ms. Telles to suffer greater injury or indignity in that process than other arrestees. 222. LCPD officers arranged for Ms. Telles to be transported to DACDC, instead of referring her to appropriate community based services. 223. Ms. Telles’ mental disability and immediate need for mental health services were obvious at the time of her admission to DACDC on or about April 7, 2006, such that the individuals involved in Ms. Telles’ admission to DACDC knew or should have known of her mental disability and immediate need for mental health treatment.
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224. Despite Ms. Telles’ obvious mental disability and need for mental health treatment, she did not receive the appropriate and necessary mental health treatment during her detention at DACDC.
225. Ms. Telles was discharged during approximately July of 2006 without medication, community service referrals, or other appropriate discharge planning services.
226. Ms. Telles had been previously detained at DACDC on several occasions, but was discharged each time without receiving appropriate discharge planning services. Plaintiff Ron Hernandez
227. Ron Hernandez has a mental illness. He has been diagnosed with depression, anxiety and bipolar disorder.
228. On or about June 28, 2007, Mr. Hernandez was hospitalized due to acute psychiatric symptoms.
229. On or about June 28, 2007, Mr. Hernandez’s father spoke with Captain Barlow of the DACSO Crisis Intervention Team to explain Mr. Hernandez’s need for mental health services. Further, Mr. Hernandez’ father provided Captain Barlow with documentation from Mr. Hernandez’ psychiatrist regarding Mr. Hernandez’ need for mental health services.
230. Mr. Hernandez was discharged from the hospital on or about July 4, 2007. 231. Within hours of his discharge from the hospital, Mr. Hernandez became suicidal,
prompting his parents to call 911, due to Mr. Hernandez’s immediate and obvious need for mental health services. 232. In response to the 911 call, DACSO officers were dispatched to the home of Mr. Hernandez’s parents.
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233. Upon encountering Mr. Hernandez, the DACSO officers tazed him and sprayed him with pepper spray.
234. The DACSO officers then arrested Mr. Hernandez for battery on a household member and resisting arrest.
235. Mr. Hernandez’s mental disability and immediate need for mental health services were known to DACSO due to the interventions of Mr. Hernandez’ father, and were also obvious at the time of Mr. Hernandez’s arrest on or about July 4, 2007, such that the individuals involved in his arrest knew or should have known of his mental disability and need for reasonable accommodations.
236. The individuals involved in the arrest of Mr. Hernandez arrested Mr. Hernandez on the basis of his mental disability, and failed to reasonably accommodate Mr. Herndandez’s disability during the course of investigation and arrest, causing Mr. Herndandez to suffer greater injury or indignity in that process than other arrestees.
237. Mr. Hernandez was arrested previously for driving while intoxicated on or about September 29, 2006 and was subsequently detained at DACDC.
238. Mr. Hernandez was placed in a cell intended for four detainees, along with ten other detainees. When Mr. Hernandez complained to a correctional officer about the overcrowded conditions, the correctional officer replied, "So, sue me."
239. Mr. Hernandez was released on or about February of 2007 without medication or referrals or other appropriate discharge planning. Plaintiff Jeremy Robledo
240. Jeremy Robledo was detained at DACDC from on or about January 17, 2006 until
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on or about July of 2007. 241. Mr. Robledo has a mental illness. He has been diagnosed with attention deficit
disorder, oppositional defiant disorder and bipolar disorder. 242. Mr. Robledo has also been diagnosed with mild mental retardation. 243. Mr. Robledo has a seizure disorder. 244. During late 2005, Mr. Robledo was hospitalized at Mesilla Valley Hospital due to
acute psychiatric symptoms. 245. On or about January 17, 2006, Mr. Robledo was involved in an altercation at
Mayfield High School. 246. Shortly thereafter, Mr. Robledo’s mother called the DACSO to inform them that
Mr. Robledo had been previously hospitalized due to behavioral health issues and was in immediate need of behavioral health services. 247. DACSO informed Mr. Robledo’s mother that Mr. Robledo’s need for behavioral health services was irrelevant if he had committed a crime. 248. DACSO officers arrested Mr. Robledo for battery on or about January 17, 2007. 249. After DACSO officers handcuffed Mr. Robledo and placed him in the patrol car, Mr. Robledo began to shake and feel nauseous, and believed he was going to have a seizure. 250. When Mr. Robledo informed the DACSO officers that he felt ill, they pulled him out of the patrol car and threw him onto the ground. 251. A DACSO officer asked Mr. Robledo if he wanted to go to the hospital, but due to the officer’s intimidating manner, Mr. Robledo feared that he would be subjected to retaliation if he asked to go to the hospital.
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252. Mr. Robeldo's mental disability and immediate need for behavioral health services were known to DACSO due to the interventions of Mr. Robledo’s mother, and were also obvious at the time of his arrest on or about January 17, 2006, such that the individuals involved in his arrest knew or should have known of his mental disability and immediate need for behavioral health services.
253. The individuals involved in the arrest of Mr. Robledo failed to reasonably accommodate Mr. Robledo’s disability during the course of investigation and arrest, causing Mr. Robledo to suffer greater injury or indignity in that process than other arrestees.
254. The DACSO officers arranged for Mr. Robledo to be transported to DACDC, instead of referring him to appropriate community based services.
255. Mr. Robledo's mental disability and immediate need for behavioral health services were obvious at the time of his admission to DACDC on or about January 17, 2006, such that the individuals involved in Mr. Robeldo’s admission to DACDC knew or should have known of his mental disability and immediate need for behavioral health services.
256. Mr. Robledo did not receive the necessary behavioral health services during the course of his detention at DACDC.
257. Because Mr. Robledo was not receiving the services necessary to treat his behavioral health symptoms during his detention at DACDC, he became involved in altercations with correctional officers, and was charged with battery on or about April 28, 2006, May 18, 2006, June 1, 2006 and July 13, 2006.
258. Because Mr. Robledo was not receiving the services necessary to treat his
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behavioral health symptoms during his detention at DACDC, he was placed in segregation on multiple occasions.
Plaintiff Ema Murillo 259. Ema Murillo has a mental illness. Ms. Murillo has been diagnosed with
schizoaffective disorder and paranoia. 260. Ms. Murillo was a detainee at DACDC from on or about April 20, 2007 until on
or about June 10, 2008. 261. Ms. Murillo had been previously detained at DACDC on multiple occasions, but
was released each time without being referred to the appropriate mental health services, and without providing other appropriate discharge planning. 262. On or about April 20, 2007, LCPD responded to a call involving Ms. Murillo, who was reportedly causing a disturbance in a restaurant by yelling and using profanity. Ms. Murillo, who was extremely agitated, attempted to flee the scene, but was apprehended by LCPD officers. 263. Ms. Murillo was arrested on or about April 20, 2007 by LCPD officers for disorderly conduct, fleeing a police officer, and battery on a police officer. 264. Ms. Murillo’s mental disability, agitated state, and immediate need for mental health services were obvious at the time of her arrest, such that the LCPD individuals involved in her arrest knew or should have known of her mental disability and immediate need for mental health services. Further, one of the arresting officers recognized Ms. Murillo from previous contacts. 265. Ms. Murillo, who had numerous previous encounters with LCPD, was well known to LCPD as someone with a mental disability.
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266. The LCPD individuals involved in the arrest of Ms. Murillo failed to reasonably accommodate her disability during the course of investigation and arrest, causing Ms. Murillo to suffer greater injury or indignity in that process than other arrestees.
267. LCPD officers transported Ms. Murillo to the police station, but later arranged for Ms. Murillo to be transported to the hospital, per her request. After being seen briefly at the hospital for her physical injuries, but not her mental health needs, Ms. Murillo was returned to the police station and LCPD officers arranged for her transport to DACDC.
268. Ms. Murillo’s mental disability and immediate need for mental health services were obvious at the time of her admission to DACDC on or about April 20, 2007, such that the individuals involved in Ms. Murillo’s admission to DACDC knew or should have known of her mental disability and immediate need for mental health services.
269. Despite her obvious need for mental health services, and despite her written request to be seen by psychiatry on or about May 18, 2007, Ms. Murillo was not provided with any mental health services from the time of her admission to DACDC on or about April 20, 2007, until on or about June 25, 2007, when she was provided with a psychiatric medication.
270. Ms. Murillo was eventually seen by a psychiatric nurse at DACDC on or about September 30, 2007. The psychiatric nurse described Ms. Murillo as delusional and paranoid.
271. A few days later, on or about October 5, 2007, DACSO officers brought criminal
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charges against Ms. Murillo, following an incident at DACDC involving a correctional officer. DACSO disregarded prior and ongoing cause to believe that Ms. Murillo had untreated mental disabilities, and filed battery charges against Ms. Murillo, based solely on an interview with one DACDC employee who had repeatedly tazed and harmed Ms. Murillo. 272. Ms. Murillo was tazed multiple times during her detention at DACDC. 273. During approximately March of 2008, Ms. Murillo was transported to the Behavioral Health Institute in Las Vegas, NM for evaluation. Prior to transport, two DACDC correctional officers handcuffed Ms. Murillo, then tazed her approximately seven times. 274. Despite Ms. Murillo’s obvious mental disability and need for mental health treatment, she did not receive the appropriate and necessary mental health treatment during her detention at DACDC. 275. Ms. Murillo was discharged on or about June 10, 2008, without receiving appropriate discharge planning services. COUNT I: VIOLATIONS OF PLAINTIFFS' CONSTITUTIONAL RIGHTS
BY THE DACDC DEFENDANTS 276. Paragraphs 1 through 275 are hereby reiterated and incorporated by reference. 277. The DACDC Defendants were and are aware of the lack of mental health care
provided at DACDC, and are responsible for the state of the mental health care system at DACDC. 278. The Eighth and Fourteenth Amendments to the United States Constitution and the New Mexico Constitution, Art. II § 13 prohibit cruel and unusual punishment against detainees, and encompass a constitutional duty to provide necessary health
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care. 279. By their policies, practices and acts, the DACDC Defendants violated the rights of
Plaintiffs and the class they represent to be free from cruel and unusual punishment as guaranteed by the Eighth and Fourteenth Amendments to the United States Constitution and the New Mexico Constitution, Art. II § 13, giving rise to a cause of action pursuant to 42 U.S.C. § 1983. 280. As a matter of policy and practice, and with deliberate indifference to their mental health needs, the DACDC Defendants fail to provide adequate mental health care to Plaintiffs and the class they represent. 281. By admitting Plaintiffs and the class they represent to DACDC without appropriate mental health screening and without regard to the deleterious effect it would have on their mental health, the DACDC Defendants act with deliberate indifference to the substantial risk of serious harm to detainees with mental illness, in knowing violation of Plaintiffs’ right to be free from cruel and unusual punishment. In committing the aforementioned acts and omissions, the DACDC Defendants have violated the Eighth and Fourteenth Amendments to the United States Constitution and the New Mexico Constitution, Art. II § 13. 282. By transferring Plaintiffs and the class they represent to DACDC’s maximum segregation units, without providing appropriate mental health screening and without regard to the deleterious effect it would have on their mental health, the DACDC Defendants act with deliberate indifference to the substantial risk of serious harm to detainees with mental disabilities, in knowing violation of Plaintiffs' right to be free from cruel and unusual punishment. In committing the
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aforementioned acts and omissions, the DACDC Defendants have violated the Eighth and Fourteenth Amendments to the United States Constitution and the New Mexico Constitution, Art. II § 13. 283. By transferring Plaintiffs and the class they represent to DACDC’s maximum segregation units without providing appropriate mental health screening and in knowing violation of Plaintiffs' protected due process rights, the DACDC Defendants have violated the Fourteenth Amendment to the United States Constitution and the New Mexico Constitution, Art. II § 18. 284. By releasing Plaintiffs and the class they represent from DACDC without appropriate discharge planning services and without regard to the deleterious effect it would have on their mental health, the DACDC Defendants act with deliberate indifference to the substantial risk of harm to detainees with mental illness, in knowing violation of Plaintiffs' rights to be free from cruel and unusual punishment. In committing the aforementioned acts and omissions, the DACDC Defendants have violated the Eight and Fourteenth Amendments to the United States Constitution and the New Mexico Constitution, Art. II § 13. 285. The DACDC Defendants’ acts and omissions in not correcting the lack of adequate mental health care at DACDC were intentional, malicious, wanton, and in gross and reckless disregard of Plaintiffs' constitutional rights. 286. The DACDC Defendants knew of, disregarded, and were deliberately indifferent to the unreasonable risk to the health and safety of Plaintiffs and the class they represent posed by their unconstitutional pattern and practice. 287. As a proximate and foreseeable result of the DACDC Defendants' violations of
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their constitutional rights, Plaintiffs and the class they represent have suffered and continue to suffer injuries, including but not limited to pain and suffering, emotional distress, and an exacerbation of their symptoms of mental illness. COUNT II: VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT
BY THE DACDC DEFENDANTS 288. Paragraphs 1 through 287 are hereby reiterated and incorporated by reference. 289. The DACDC Defendants have failed to reasonably accommodate the mental
disabilities of Plaintiffs and the class they represent, and have excluded them from participation in, and denied them the benefits of, DACDC’s services and programs, by reason of their mental disabilities. 290. The actions and inactions of the DACDC Defendants violated the rights of Plaintiffs and other class members under the ADA by: a. failing to reasonably accommodate the needs of people with mental disabilities detained by the DACDC Defendants and by discriminating against them on the basis of disability; b. denying aid, benefits or services, including discharge planning services, that are as effective as those provided to persons without mental disabilities; c. failing to make reasonable modifications in policies and procedures when necessary to avoid discrimination against Plaintiffs and the class they represent on the basis of disability; d. failing to accommodate detainees with mental disabilities during classification and segregation procedures; e. segregating Plaintiffs and members of the class they represent unnecessarily due to their mental disabilities; and
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f. failing to provide for appropriate training and supervision for DACDC employees regarding reasonable accommodations that must be provided to persons with mental disabilities. 291. The actions and inactions described herein impose undue and disproportionate hardships on individuals with mental disabilities. 292. The DACDC Defendants’ acts and omissions, as stated herein, constitute violations of the Americans with Disabilities Act. 293. As a proximate and foreseeable result of the DACDC Defendants' discriminatory acts and omissions, Plaintiffs and the class they represent have suffered and continue to suffer injuries, including but not limited to pain and suffering, emotional distress, and an exacerbation of their symptoms of mental illness. COUNT III: VIOLATIONS OF SECTION 504 OF THE REHABILITATION ACT
BY THE DACDC DEFENDANTS 294. Paragraphs 1 through 293 are hereby reiterated and incorporated by reference. 295. Because Doña Ana County and the DACDC receive federal financial assistance,
the DACDC Defendants are subject to the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. 296. Section 504 prohibits recipients of federal financial assistance from discriminating against qualified individuals with handicaps. 297. The DACDC Defendants have failed to reasonably accommodate the mental disabilities of Plaintiffs and the class they represent, and have excluded them from participation in, and denied them the benefits of, DACDC’s services and programs, by reason of their mental disabilities. 298. The DACDC Defendants’ actions and inactions violated the rights of Plaintiffs
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and other class members under the Section 504 of the Rehabilitation Act by: a. failing to reasonably accommodate the needs of people with mental disabilities detained by the DACDC Defendants and by discriminating against them on the basis of disability; b. denying aid, benefits or services, including medical care and discharge planning services, that are as effective as those provided to persons without mental disabilities; c. failing to make reasonable modifications in policies and procedures when necessary to avoid discrimination against Plaintiffs and the class they represent on the basis of disability; d. segregating Plaintiffs and other class members unnecessarily due to their mental disabilities; and e. failing to provide for appropriate training and supervision for DACDC employees regarding reasonable accommodations that must be provided to persons with mental disabilities. 299. The DACDC Defendants’ violations of the ADA, as set forth above, also violate Section 504 of the Rehabilitation Act, by imposing undue and disproportionate hardships on individuals with mental disabilities. 300. The DACDC Defendants' acts and omissions, as stated herein, constitute violations of the Rehabilitation Act. 301. As a proximate and foreseeable result of the DACDC Defendants' discriminatory acts and omissions, Plaintiffs and the class they represent have suffered and continue to suffer injuries, including but not limited to pain and suffering,
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emotional distress, and an exacerbation of their symptoms of mental illness. COUNT IV: STATE TORT CLAIMS AGAINST THE DACDC DEFENDANTS 302. Paragraphs 1 through 301 are hereby reiterated and incorporated by reference. 303. The DACDC Defendants are liable under the New Mexico Tort Claims Act,
NMSA 1978, § 41-4-6 and § 41-4-9 (2007), for breaching their duties: a) to manage all operations of DACDC, including DACDC's medical unit; b) to exercise general supervisory authority over all DACDC employees; c) to organize DACDC health and safety procedures into the most efficient organizational units; and d) to issue and enforce orders and instructions to remedy inadequate mental health treatment. 304. Defendants Board and Barela exercise direct supervisory responsibility and/or control over the John Doe and Jane Doe Defendants involved in the operation of DACDC, and are therefore responsible for their negligent acts under the doctrines of respondeat superior and vicarious liability. 305. Defendant Board enjoys actual de facto control over Defendant Barela and all John and Jane Doe Defendants involved in the operation of DACDC, and is therefore responsible for their acts under the doctrines of respondeat superior and vicarious liability. 306. The named Plaintiffs have suffered and continue to suffer injuries as a foreseeable and proximate result of the DACDC Defendants’ breach of these duties. 307. Notice as required by the New Mexico Tort Claims Act has been given to Defendant Barela and the supervisory DACDC Defendants.
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COUNT V: VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT BY THE LAW ENFORCEMENT DEFENDANTS
(LCPD DEFENDANTS AND DACSO DEFENDANTS) 308. Paragraphs 1 through 307 are hereby reiterated and incorporated by reference. 309. The Law Enforcement Defendants have failed to reasonably accommodate the
mental disabilities of Plaintiffs and other class members in their investigation and arrest policies and practices, such that Plaintiffs and other class members suffer greater injury or indignity in that process than other arrestees. 310. The actions and inactions of the Law Enforcement Defendants violated the rights of Plaintiffs and other class members under the ADA by: a. arresting people with mental disabilities solely on the basis of their mental disabilities; b. failing to reasonably accommodate the needs of people with mental disabilities detained by the Law Enforcement Defendants and by discriminating against them on the basis of disability; c. denying aid, benefits or services that are as effective as those provided to persons without mental disabilities; d. failing to make reasonable modifications in policies and procedures when necessary to avoid discrimination against Plaintiffs and other class members on the basis of disability; e. failing to reasonably accommodate the mental disabilities of Plaintiffs and the class they represent in their investigation and arrest policies and practices, such that Plaintiffs and the class suffer greater injury or indignity in that process than other arrestees;
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f. failing to provide for appropriate training and supervision for law enforcement officers regarding reasonable accommodations that must be provided to persons with mental disabilities during investigation and arrest practices; g. failing to obtain appropriate assistance for persons with mental disabilities, rather than arresting and incarcerating them due to their disabilities; and h. unnecessarily segregating and incarcerating people with mental disabilities. 311. The Law Enforcement Defendants’ acts and omissions, as stated herein, impose undue and disproportionate hardships on persons with mental disabilities and constitute violations of the Americans with Disabilities Act. 312. The Law Enforcement Defendants’ actions and inactions, as stated herein, impose undue and disproportionate hardships on individuals with mental disabilities and constitute violations of the Americans with Disabilities Act. 313. As a proximate and foreseeable result of the Law Enforcement Defendants' pattern and practice of discriminatory acts and omissions, Plaintiffs and other class members have suffered and continue to suffer injuries, including but not limited to pain and suffering, emotional distress, and exacerbation of their symptoms of mental illness.
COUNT VI: VIOLATIONS OF THE REHABILITATION ACT BY THE LAW ENFORCEMENT DEFENDANTS
(LCPD DEFENDANTS AND DACSO DEFENDANTS) 314. Paragraphs 1 through 313 are hereby reiterated and incorporated by reference. 315. Because the City of Las Cruces, the LCPD, Doña Ana County, and DACSO
receive federal financial assistance, the Law Enforcement Defendants are subject to the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C. § 794.
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316. Section 504 prohibits recipients of federal financial assistance from discriminating against qualified individuals with handicaps.
317. The Law Enforcement Defendants have failed to reasonably accommodate the mental disabilities of Plaintiffs and other class members in their investigation and arrest policies and practices, such that Plaintiffs and the class they represent suffer greater injury or indignity in that process than other arrestees.
318. The Law Enforcement Defendants’ actions and inactions violate the rights of Plaintiffs and other class members under Section 504 of the Rehabilitation Act by: a. arresting people with mental disabilities solely on the basis of their mental disabilities; b. failing to reasonably accommodate the needs of people with mental disabilities detained by the Law Enforcement Defendants, and by discriminating against them on the basis of disability; c. denying aid, benefits or services that are as effective as those provided to persons without mental disabilities; d. failing to make reasonable modifications in policies and procedures when necessary to avoid discrimination against Plaintiffs and other class members on the basis of disability; e. failing to reasonably accommodate the mental disabilities of Plaintiffs and the class they represent in their investigation and arrest policies and practices, such that Plaintiffs and the class suffer greater injury or indignity in that process than other arrestees; f. failing to provide for appropriate training and supervision for law
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enforcement officers regarding reasonable accommodations that must be provided to persons with mental disabilities during investigation and arrest practices; g. failing to obtain appropriate assistance for persons with mental disabilities, rather than arresting and incarcerating them due to their disabilities; and h. unnecessarily segregating and incarcerating people with mental disabilities. 319. The Law Enforcement Defendants' acts and omissions, as stated herein, impose undue and disproportionate hardships on persons with mental disabilities. 320. The Law Enforcement Defendants' acts and omissions, as stated herein, constitute violations of Section 504 of the Rehabilitation Act. 321. As a proximate and foreseeable result of the Law Enforcement Defendants' discriminatory acts and omissions, Plaintiffs and the class they represent have suffered and continue to suffer injuries, including but not limited to pain and suffering, emotional distress, and an exacerbation of their symptoms of mental illness.
JURY DEMAND 322. Plaintiffs hereby demand a jury trial on all counts so triable.
CONCLUSION AND PRAYER FOR RELIEF Plaintiffs and the class they represent have suffered irreparable harm, including violations of constitutional rights, emotional distress, psychological abuse, and other harms that entitle the named Plaintiffs to damages. The injuries of Plaintiffs and the class they represent are due to Defendants’ unlawful conduct, as set forth herein, and likely to be redressed by the relief Plaintiffs request. The conditions described in this Complaint are substantially likely to persist unless enjoined by this Court. Plaintiffs and their class face a
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real and immediate threat of future harm due to the ongoing actions of Defendants. WHEREFORE, Plaintiffs respectfully request that the Court:
1. Issue a judgment declaring that the actions of Defendants described herein in Counts I through VI are unlawful and violate Plaintiffs' rights under the United States Constitution, the New Mexico Constitution, and laws of the State of New Mexico and the United States of America;
2. Permanently enjoin Defendants, their subordinates, agents, employees and all others acting in concert with them, from subjecting Plaintiffs and other people with mental disabilities to the illegal actions and inactions set forth in this Complaint in Counts I through VI;
3. Require the Law Enforcement Defendants to establish policies and procedures that prohibit the unnecessary arrest and incarceration of people with mental disabilities, and which require the Law Enforcement Defendants to reasonably accommodate people with mental disabilities with respect to decisions regarding whether to arrest or incarcerate them;
4. Require the DACDC Defendants to implement an effective, initial and periodic mental and emotional assessment program for all detainees at DACDC, so as to ensure that detainees who have or who develop mental and/or emotional disorders have the opportunity to obtain medical and mental health treatment, and appropriate discharge planning services;
5. Permanently enjoin the DACDC Defendants, their subordinates, agents, employees and all others acting in concert with them, from placing in maximum segregation any detainee who has previously manifested a history of mental or
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emotional disability; 6. Enjoin the DACDC Defendants their subordinates, agents, employees and all
others acting in concert with them, from failing to provide each person with a mental disability who may be released from jail such medication, community service referrals, and other discharge planning arrangements as are necessary to prevent their prompt deterioration of ability to function in the community. 7. Order Defendants to promptly draft a proposed plan for addressing the violations of law found by the Court, to then provide the draft plan to Plaintiffs' counsel and their expert consultant for review and comment, and to then meet with Plaintiffs' counsel and their expert consultant to finalize the plan; 8. Grant compensatory and punitive damages to each of the named Plaintiffs against Defendants sued in their individual capacities, in sums to be determined at trial; 9. Grant Plaintiffs their reasonable attorneys' fees, costs and expenses pursuant to 42 U.S.C. § 1988, the Americans with Disabilities Act and other applicable law; and 10. Grant such other relief as the Court considers just and proper.
Respectfully submitted, ___/s/___ Rosemary L. Bauman PROTECTION & ADVOCACY SYSTEM Nancy Koenigsberg Rosemary L. Bauman Tim Gardner 1720 Louisiana NE, Ste. 204 Albuquerque, NM 87110 (505) 256-3100 (505) 256-3184 (fax)
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ACLU of NEW MEXICO George Bach P.O. Box 566 Albuquerque, NM 871 (505) 243-0046 (505) 266-5916 (fax)
LAW OFFICE OF PETER CUBRA Peter Cubra Lisa Schatz-Vance 2001 Carlisle NE #E Albuquerque, NM 87110 (505) 265-7690 (505) 256-7641 (fax)
LILLEY LAW OFFICES Michael W. Lilley 1014 South Main Street Las Cruces, NM 88005-2919 (575) 524-7809 (575) 526-2642 (fax)
BAZELON CENTER FOR MENTAL HEALTH LAW Ira A. Burnim Andrew S. Penn Lewis Bossing 1101 15th Street, NW, Suite 1212 Washington, D.C. 20005 (202) 467-5730 (202) 223-0409 (fax)
Attorneys for Plaintiffs
I hereby certify that a copy of the foregoing was electronically served to:
OFFICE OF JOHN W. CALDWELL John W. Caldwell P.O. Box 1405 Fairacres, NM 88033-1405 (575) 525-1508; (915) 566-8688 (575) 525-1510 (fax)
Attorney for the DACDC Defendants
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Case 6:08-cv-00010-MV-LCS Document 36 Filed 06/16/2008 Page 61 of 61 ROBLES, RAEL & ANAYA, P.C. Luis Robles Daniel J. Macke Christine E. Anaya 500 Marquette Ave., N.W., Suite 700 Albuquerque, NM 87102 (505) 242-2228 (505) 242-1106 (fax) Attorneys for the City Defendants on the 16th day of June 2008, _____/s/_____Rosemary L. Bauman
61

 
 FULL AND FINAL RELEASE OF ALL CLAIMS AND INDEMNITY AGREEMENT
l. In consideration of the Terms of Settlement as set forth below in paragraph 1.A., the
receipt and sufficiency of which is hereby acknowledged, JAIME BRAVO, JOE ESTRADA' ARLEN CRESPIN, VERONICA HERNANDEZ, SERGIO ROBLEDO, REBECCA TELLES, and EMA MURILLO (hereinafter referred to as Releasors), do hereby forever release, acquit and discharge THE CITY OF LAS CRUCES' KEN MIYAGISHIMA, TERRENCE MOORE, THE LAS CRUCES POLICE DEPARTMENT and HARRY ROMERO, John Doe # 2, and Jane Doe # 2, (hereinafter refened to as Releasees), and their present, future and former principals, partners, stockholders, agentso servants, employees,
successors, assigns and insurers, and any other persons, firms or corporations, whether acting in
concert with them or not, of and from any and all claims of whatever kind or nature which
Releasors have or might have to date against Releasees, including any entitlement to attorneys' fees and costs pursuant to federal or state law, involving injuries to person or property, or both, whether known or unknown and whether developed or undeveloped, arising out of or resulting
from or in any way incident to or attributable in whole or in part or in any manner to any incident(s) or act(s) arising before the date of entry of this Release, specifically limited to the
allegations complained of in the case entitled JAIME BRAVO. JOE ESTRADA. ADAM
ORTIZ. EZEKIAL DIAZ. ELEE SILVA. ARLEN CRESPIN. VERONICA HERNANDEZ. MARTHA MUÑOZ. SERGIO ROBLEDO. REBECCA TELLES. RON HERNANDEZ. JEREMY ROBLEDO and EMA MURILLO on behalf of themselves and a class of all similarlv situated individuals. Plaintiffs. v. BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF DOÑA ANA. THE DOÑA ANA COUNTY DETENTION

CENTER. CHRISTOPHER BARELA in his individual and official capacities. THE CITY OF LAS CRUCES. KEN MIYAGISHIMA. in his ofÍicial capacitv. TERRENCE MOORE in his official capacitv. THE LAS CRUCES POLICE DEPARTMENT. HARRY ROMERO
in his official capacitv. TODD GARRISON. in his official capacitv. THE DOÑA ANA
COUNTY SHERIFF'S OFFICE. and JOHN AND JANE DOES l-10. Defendants, No. CIV 08-10 MV/KBM (D.N.M.) and any claims that could have been brought in this lawsuit. Releasors further agree that they will dismiss any and all of the claims which they brought and could have brought against Releasees in the above-entitled and numbered cause of action with
prejudice, including any and all class action claims.
A. Terms of Settlement. l. Payment of the following: a. Payment of $150,000.00 to Jaime Bravo, Arlen Crespin, Joe Estrada,
Veronica Hernandez, Sergio Robledo, Ema Murillo, and Rebecca Telles, inclusive of all claims for damages, attorney fees, costs and expenses.
b. Payment of $0.00 to the class. 2. The LCPD has developed a specialized response system for responding to calls
involving persons with mental illness. This system includes and will continue to
include LCPD Crisis Intervention Team (ClT)-trained (or functional equivalent) response officers who receive specialized training in techniques for interventions with persons with mental disabilities available for deployment across all shifts. To this end:
The City of Las Cruces shall do everything within its lawful authority to have the Mesilla Valley Regional Dispatch Authority (MVRDA) provide

their dispatchers who dispatch calls to LCPD officers with 16 hours of

specialized training in how to determine whether mental disability may be

a factor in a call for service and how to use that information to dispatch

the call to the appropriate responder. The parties have agreed that such training should include the o'Crisis Intervention," "Interactions with
Persons Suspected of Suffering from Mental lllness," and "Handling Suicidal Callers" courses offered by the New Mexico Department of

Public Safety (NMDPS), or their functional equivalent, which would

satis$ this requirement.

b.

Las Cruces will continue to provide all officers with the tools and training

they need to respond appropriately to people identified as apparently

having mental disabilities. Such training will include the following:

i. The LCPD will continue to provide its cadets with 40 hours of

NMDPS-accredited instruction in crisis management, including

courses in "Behavior Management and Crisis Intervention,"

"Dispute Intervention/Conflict Management," "Handling the
Mentally Ill and Other Special Populations," and "Suicide,

Barricaded Persons, Hostage Situations, and Suicide By Police." The lesson plans for these courses are attached as Exhibit I to this

Agreement. Defendants shall provide plaintiffs with the training-
related documentation they provide to the New Mexico

Department of Public Safety (NMDPS), including documentation

that the training has occurred, how many officers have been
trained, and any changes to the training materials.
ll. The LCPD shall provide an NMDPS-accredited 40-hour CIT course each year to those officers who volunteer to undergo the
training, such that ClT-trained officers are available for deployment across all shifts and throughout the City. The LCPD
will participate in a consultation with Assistant Chief Harry Griffin
of the San Antonio Police Department regarding methods to improve CIT training. To the extent possible, LCPD will share CIT training materials with Deputy Chief Griffin. Defendants
shall provide plaintiffs with the training-related documentation they provide to the New Mexico Department of Public Safety
(NMDPS), including documentation that the training has occurred,
how many officers have been trained, and any changes to the
training materials.
lll. The LCPD shall provide its offrcers with 40 hours of in-service
training bi-annually. As a part of this bi-annual in-service training, the LCPD willprovide eight hours of NMDPS approved advanced in-service training regarding interactions with persons with mental illness to all of its officers. The training shall include role-playing
and scenario-based training. LCPD will provide the lesson plans and other training-related documents to plaintiffs. Defendants shall provide plaintifß with the training-related documentation

they provide to the New Mexico Department of Public Safety
(NMDPS), including that the training has occurred, how many
offÌcers have been trained, and any changes to the training
materials.
3. The LCPD CIT Sergeant will hold, at a minimum, quarterly meetings, or more often if needed, with all CIT officers and any other officers involved in a CIT-
type event or call for service to review and evaluate such calls, discuss training successes/failures and methodologies for improvement. The CIT Sergeant will repoft on the meetings to the Deputy Chief of Operations.
4. The LCPD shall make appropriate changes to its policies and procedures to
provide that:
a. The LCPD has not, does not, and will not target people who appear to
have mental disabilities for questioning, intervention, or arrest; and
b. LCPD law enforcement officers have the training and authority to divert
persons who appear to have a mental disability to available community
mental health resources when responding to incidents involving such
persons, as an alternative to arrest.
c. All policies and procedures shall be consistent with the Intemational
Association of Chieß of Police (IACP) model policy entitled "Dealing with the Mentally lll," or the policy for interactions with mental illness promulgated by the Commission for Accreditation of Law Enforcement
Agencies (CALEA).

d. The LCPD shall also consult at least monthly with other agencies and
service providers, along with the other stakeholders from the mental
disability community, to determine areas that need improvement.
5. Access to Community-Based Mental Health Resources:
The LCPD shall continue to participate in a monthly stakeholders' meeting, along with members of the County social services agencies and representatives from mental health providers, the judiciary, the district attomey's office, the public defender's office, individuals who use mental health services, family
members of individuals who use mental health services, the New Mexico
Behavioral Health Purchasing Collaborative, interested legislators, and other interested parties to discuss a strategic plan for an appropriate community mental health system in Doña Ana County. The LCPD and the other stakeholders will make their best efforts to identiff, develop and implement a plan for Las Cruces and Doña Ana County to bring additional mental health resources to Las Cruces
and Dona Ana County that may be pooled and used to provide sufficient
opportunities for diversion of persons with mental illness from the criminal justice system, including the development of sufficient 24/7 mental health services. The
preceding sentence does not obligate the City of Las Cruces to allocate or
appropriate any financial or human resources to achieve the goals of the preceding sentence.
2. Releasors hereby acknowledge full settlement and satisfaction of any and all claims of
whatever kind and character which they have, or may have against the Releasees, including any class action claims, by reason of the above-mentioned damages, losses or injuries. Releasors
6

further understand and agree that Releasees, by agreeing to this compromise and settlement, do
not admit any liability of any kind, that liability has at all times been denied, and that the
settlement evidenced by this Release is a compromise to avoid further expense of litigation and
to terminate all controversy and/or claims against Releasees, of whatever nature, known or
unknown, including further developments thereof in any way growing out of or connected with the incidents or matters described herein. Thus, Releasors further understand and agree that this settlement is not and cannot be construed as an admission of liability or as evidence of liability, of any nature whatsoever, on the behalf of the Releasees.
3. Releasors further understand that no representations of fact or opinion have been made
by Releasees or by anyone on their behalf to induce this settlement, and that Releasees have made no agreement of any kind or promise to do or omit to do any act or thing not herein set
forth.
4. Releasors expressly represent and declare that, notwithstanding the damages or
injuries known at this time or which may be subsequently discovered by them or any changes in the law or interpretations of the law which may occur, compensation for all unknown damages sustained by them as a result of the aforesaid incidents are included in the Terms of Settlement
set forth in this Full and Final Release of All Claims and Indemnity Agreement, including any
entitlement to attorneys' fees and costs pursuant to federal or state law and that no further claims,
of any kind, including class action claims, which have accrued to date can or will be made
against Releasees. 5. Releasors do hereby declare and represent that in making this Full and Final Release
of All Claims and Indemnity Agreement, it is understood and agreed that they rely wholly on
their own judgment, belief and knowledge of the nature of the damages suffered by them, as well

as the liability questions involved, and that they have not been influenced to any extent whatsoever in making this Full and Final Release of All Claims and Indemnity Agreement by
any representations or statements regarding any of the claims for damages by the Releasees or the persons, firms and corporations hereby released or any person representing or acting for
them. 6. Releasors further understand and agree that the claims herein released are the claims
described and set forth in paragraph I above. 7. Releasors further understand and agree that this instrument will constitute a complete
and final discharge of any and all claims that Releasors have or may have against Releasees for
damages to the person or properly of Releasors, including but not limited to damages for violations of civil rights, if any; for damages for personal injury, if any; for past, present and future mental and physical anguish, if any; for pain and suffering, if any; for past, present and future loss of earnings and earning capacity, if any; for past, present and future physical and mental impairment or disability, if any; for loss of property, if any; for punitive or exemplary damages, if any; for interest, costs, and attorney's fees; and for any other claims, including class action claims, that Releasors have or may have resulting from or arising out of the incidents
referred to in
SILVA. ARLEN CRESPIN. VERONICA HERNANDEZ.MARTHA MUÑOZ SERGIO ROBLEDO.REBECCA TELLES. RON HERNANDEZ. JEREMY ROBLEDO and EMA MURILLO on behalf of themselves and a class of all similarlv situated individuals.
ANA. THE DOÑA ANA COUNTY DETENTION CENTER. CHRISTOPHER BARELA
in his individual and official canacities. THE CITY OF LAS CRUCES. KEN

MIYAGISHIMA. in his official capacitv. TERRENCE MOORE in his official canacitv.
THE LAS CRUCES POLICE DEPARTMENT. HARRY ROMERO in his offïcial capacitv. TODD GARRISON. iN his OffiCiAI CAPACitV. THE DOÑA ANA COUNTY SHERIFF'S
OFFICE. and JOHN AND JANE DOES 1-10. Defendants, No. CIV 08-10 MV/KBM
(D.N.M).
8. Releasors further understand and agree to indemnify and hold Releasees harmless against loss, including attomeys' fees, from any and every claim or demand of every kind and character, including claims for contribution, subrogation, and/or indemnity which may be
asserted by or through Releasors by reason of the matters alleged in this lawsuit. This includes
any action brought by the non-settling Plaintiff(s), if any, that is based on Releasors' liability to the non-settling Plaintiff(s), if any such claim was brought or could have been brought, arising
out of the incidents described in JAIME BRAVO. JOE ESTRADA. ADAM ORTIZ.
EZEKIAL DIAZ. ELEE SILVA. ARLEN CRESPIN. VERONICA
HERNANDEZ.MARTHA MUÑOZ. SERGIO ROBLEDO.REBECCA TELLES. RON HERNANDEZ. JEREMY ROBLEDO and EMA MURILLO on behalf of themselves and a
class of all similarlv situated individuals. Plaintiffs. v. BOARD OF COUNTY
COMMISSIONERS FOR THE COUNTY OF DOÑA ANA. THE DOÑA ANA COUNTY
DETENTION CENTER. CHRISTOPHER BARELA in his individual and official
caoacities. THE CITY OF LAS CRUCES. KEN MIYAGISHIMA. in his official capacitv.
TERRENCE MOORE in his official capacitv. THE LAS CRUCES POLICE
DEPARTMENT. HARRY ROMERO in his official capacitv. TODD GARRISON. in his OffiCiAI CADACitV. THE DOÑA ANA COUNTY SHERIFF'S OFFICE. ANd JOHN AND JANE DOES l-10. Defendants, No. CIV 08-10 MV/KBM (D.N.M.).

9. Releasors further understand and agree to indemnify and hold Releasees
harmless against any and all damages and claims that Releasors lacked the capacity to enter into this Release or otherwise acted improperly in making this settlement and executing this Release, regardless of whether the Releasees may have been negligent or otherwise acted improperly.
10. Releasors understand and agree that Releasors alone are responsible for any and all past or outstanding bills or debts of whatever nature arising out of the incidents or
events more particularly described in this Release and that Releasors alone are responsible for the proper disbursement of the funds paid to Releasors as may be
required by applicable law and expressly releases Releasees from any and all obligations in this regard. Releasors further agree to indemnify and hold the parties released by this instrument harmless from any claims, causes of action, known or unknown, which could be asserted against the released parties by or through Releasors, including any action based on subrogation, as a result of the incidents or events giving rise to the Complaint filed by Releasors in JAIME BRAVO. JOE ESTRADA. ADAM ORTIZ. EZEKIAL
DIAZ. ELEE SILVA. ARLEN CRESPIN. VERONICA HERNANDEZ.MARTHA
MUÑOZ. SERGIO ROBLEDO.REBECCA TELLES. RON HERNANDEZ.
JEREMY ROBLEDO and EMA MURILLO on behalf of themselves and a class of
all similarlv situated individuals. Plaintiffs .v. BOARD OF COUNTY
COUNTY DETENTION CENTER. CHRISTOPHER BARELA in his individual
and official capacities. THE CITY OF LAS CRUCES. KEN MIYAGISHIMA. in his oflicial capacitv. TERRENCE MOORE in his official canacitv. THE LAS CRUCES
t0

POLICEDEPARTMENT. HARRY ROMERO in his official canacitv. TODD
OFFICE. and JOHN AND JANE DOES l-10. Defendants, No. CIV 08-f0
MV/KBM (D.N.M.). I l. Releasors agree to use an unspecified portion of the settlement proceeds as set
forth in paragraph l.A.l. to promote awareness of mental health issues in the City of Las
Cruces.
12. Releasors agree to issue a joint press release with Releasees regarding the
settlement of this matter.
13. Releasors agree and acknowledge that they have been or are fully advised of the meaning and consequence of execution of the Full and Final Release of All Claims
and Indemnity Agreement.
14. Releasors agree and acknowledge that the Full and Final Release of All
Claims and Indemnity Agreement and its terms are contractual and not a mere recital and that the parties to the Release of Liability and Settlement Agreement agree that it shall be fïnal and binding.
15. This Full and Final Release of All Claims and Indemnity Agreement
constitutes the entire agreement of the parties.
ll

Guædia¡r ad Liæm for PlaintiffArlen Crespin
MæiaLaverde Guardian ad Litem for PlaintiffVeronica Hernandez
Reviewed by:
PROTBCTION & ADVOCACY SYSTEM

,Ç^ Peter Cubra
Attomey forPlaintiffs
LILLEY LAW OFFICES Michael W. Lilley Attomey for Plaintiffs
ffiON
IraA. Burnim Attomey for Plaintiffs

CENTER FOR MENTAI{ HEALTH LATV

t6

Jr\lMti fllìAvo llÂ$
(.TNDERS'rÂNDS l',r,

REÁD 'rH[i F()lltiÜ()lNCi llh.l,tlÀsF" AND Ët.rl.l'Y I SWn^R t,NDÉ,1{ PtlNAl"'rY Ofi t}flRjt¡RY'r}ll\1'"rl{È

fORl:üOINC¡ lS'l'Rtll.t

COllR.tiC'f'

^ND

J¡¡intc llr:rvo

S'fA]'fi ()Ï NÍ:W Î\'{f::XIf(} I

)"ss.

(lotiNl'Y or D()NA ANA

I

'fhís l:ull and l-'inal Relessc of Àll Çlainrs antl lnelçmtritl' Ågrcctttent w'¡rs

_ acknowlcdgerj he llure nte this

day of March 2009. by .laínle Bmvt¡.

itly ('orrrnrission [i,,i¡rires:

JOI: lis'fR^[)Ä l'lAS ltLl\f] T'llü frORL"CiOlNG tin*Df'llìSl'¿\Nl)S l"l. I SWF.;\f{ l"iNDIìl{ PliNAl.l'Y

RHLËA$t AND rul.l."\'
üf PlìiR.lLJlì.Y l'l'l/\'f 1'Fll;

r,oRtictotNfi ls'rRLiri

{. ol(Rtic'f.

^ND

S'l'¡\l'Ë {)lï Nl':W MI]XICO )

) ss.

COIJN]'Y ()l; DON.'\ ANA

)

'l'¡is Full antl Final l{eteose ol¡A!¡ Clairns ancl lndemtritl' r\gn:etncrl wrls acknr:wlcclgccl bcfore me this ZC. da,v oilrläh2009. by.foe Estrnd¿r'

ñly Clomnr is*itu [ìx¡rires:
t2

I ARLEN CRESPIN HAS READ THE FOREGOING RBLEASE AI.{D FULLY
TINDERSTA}IDS IT. SWEAR TTNDER PENAITY OF PERruRY THAT THE
FOREGOING IS TRUE AND CORRECT.

STATE OF NEÏV MEXICO

)

) ss.

COÏ.'NTY OF DONA A}IA

)

This Full and Final Release of All Claims and Indemnity Agreement
_ acknowledged before me this day of April 2009,by Arlen Crespin.

My Commission Expires:

Notary Public

I VERONICA HERNANDEZ HAS READ THE FOREGOING RELEASE AND FULLY
TINDERSTAJ{DS IT. STVEAR I'NDER PENALTY OF PERruRY THAT TTIE
FOREGOING IS TRUE AND CORRECT.

STATE OF NEW MEXICO

)

) ss.

COIINTY OF DONA ANA

)

This Full and Final Release of All Clairns and krd¡:mnity Agreement was

acknowledged before me this

of April 2009, by Veroniea Hernandez.

-.day

Notary Public

My Commission Expires: .

73

I SERGIO ROBLEDO HAS READ TTIE FOREGOING RELEASE A}TD FULLY
UNDERSTANDS IT. STVEAR UNDER PENALTY OF PERJLTRY THAT THE
FOREGOING IS TRIIE A}{D CORRECT.

STATE OF NEW MEXICO COTINTY OF DONA Æ\TA

/,,
Sergiõ

/ Robledo

) ) ss. )

1/zZ /u g

This Full and Final Rèlease of All Claims and Indemnity Agreenrent was
acknowledged before me this day ofAprit 2009,by sergio Robledo.
-

My Commission Expires:.

NotaryPublic

I REBECCA TBLLES HAS READ THE FOREGOING RELEASE A}TD FULLY
UNDERSTA}{DS IT. STVEAR UNDER PENALTY OF PERJI,JRY THAT THE
FOREGOING IS TRUE AI.{D CORRECT.

STATE OF NETV MEXICO

)

) ss.

COUNTY OF DONA ANA

)

vf>zþs

This Full and Final Release of All Claims and Indemnity Agreeme,nt was
_ aoknowledged before me this day of April 2009, by Rebecca Telles.

My Comrnission Expires:

Notary Public

14

I EMA MURILLO HAS READ TTIE FOREGOING RELEASE AND FULLY
UNDERSTANDS IT. SWEAR UNDER PENALTY OF PERJURY THAT THE
FOREGOING IS TRUE AI.{D CORRECT.

STATE OF NETV MEXICO

)

) ss.

COUNTY OF DONA ANA

)

This Full and Final Release of All Claims and krdemnity Agreement \rfas
_ acknowledged before me this day of April 2009,by Ema Murillo.

My Commission Expires:

NotaryPublic

Approved by:
Ben Longwill Guardian ad Litem for PlaintiffArlen Crespin
Maria Laverde Guædian ad Litem for PlaintiffVeronica ltrernandez
l5

Guardian ad Litem for plaintiff Arlen Crespin
Maria Laverde Guardian ad Litem for plaintiff Veronica Hernandez
Reviewed by:
1--
PROTECTION & ADVOCACY SYSTEM
Nancy Koenigsberg Attorney for Plaintifß
ACLU OF NEWMEXICO George Bach Attomey for Plaintiffs
t¿worrffin¿
Peter Cubra Attorney for Plaintif fs
LILLEY LA\ryOFFICES Michael lV. Lilley Attorney for Plaintiffs

IraA. Bumim

L. BAZELON CENTER FOR MENTAT HEALTH LAIñ/

forPlaintifß

t6

 
 Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 1 of 28
CASREF,CLOSED
U.S. District Court District of New Mexico − Version 6.1 (Santa Fe) CIVIL DOCKET FOR CASE #: 6:08−cv−00010−WJ−KBM

Bravo et al v. Board of County Commissioners et al Assigned to: District Judge William P. Johnson Referred to: Magistrate Judge Karen B. Molzen Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 01/03/2008 Date Terminated: 01/19/2010 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Jaime Bravo

represented by Andrew S Penn Bazelon Center for Mental Health Law 1101 15th Street NW Suite 1212 Washington, DC 20005 202−467−5730 ext 117 Fax: 202−223−0409 Email: andrewp@bazelon.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan The Rothstein Law Firm 500 4th Street NW Suite 400 Albuquerque, NM 87102 (505) 243−1443 Fax: (505) 242−7845 Email: bkegan@rothsteinlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. GARCIA IVES NOWARA LLC 924 Second Street NW, Suite A Albuquerque, NM 87102 505−899−1030 Fax: 505−899−1051 Email: george@ginlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira Abraham Burnim Bazelon Center for Mental Health Law 1101 Fifteenth Street, NW Suite 1212 Washington, DC 20005 202−467−5730 Fax: 202−223−0409 Email: irab@bazelon.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Bossing Bazelon Center for Mental Health Law 1101 15th Street NW Suite 1212 Washington, DC 20005 202−467−5730 ext 116 Fax: 202−223−0409 Email: lewisb@bazelon.org

Plaintiff

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 2 of 28
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Y Schatz−Vance 3500 Comanche NE, Suite H Albuquerque, NM 87107 505−256−7690 Fax: 505−256−7641 Email: schatzvance@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael W. Lilley Michael W. Lilley, Attorney at Law 7024 Raasaf Dr. Las Cruces, NM 88005 (575) 312−2584 Fax: (575) 526−2642 Email: lilley@zianet.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy Koenigsberg Disability Rights New Mexico 1720 Louisiana Blvd., NE #204 Albuquerque, NM 87110 (505) 256−3100 Email: nkoenigsberg@drnm.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Cubra Law Office of Peter Cubra 3500 Comanche NE, Suite H Albuquerque, NM 87107 505−256−7690 Fax: 505−256−7641 Email: pcubra@qwestoffice.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rosemary L Bauman Protection & Advocacy System 1720 Louisiana Blvd., NE, # 204 Albuquerque, NM 87110 (505) 256−3100 Fax: (505) 256−3184 Email: nmpabauman@yahoo.com TERMINATED: 03/18/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tim Gardner Protection & Advocacy System 1720 Louisiana Blvd NE Suite 204 Albuquerque, NM 87110 505−256−3100 Fax: 505−256−3184 Email: tgardner@drnm.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 3 of 28

Joe Estrada

represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Bossing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Koenigsberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Cubra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Adam Ortiz

represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan (See above for address)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 4 of 28

LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Bossing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Koenigsberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Cubra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Ezekial Diaz

represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 5 of 28

Plaintiff Elee Silva

Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lewis Bossing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy Koenigsberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Cubra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lewis Bossing

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 6 of 28

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Koenigsberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Cubra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Arlen Crespin TERMINATED: 10/26/2009

represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Bossing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 7 of 28

ATTORNEY TO BE NOTICED

Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Koenigsberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Cubra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Veronica Christine Hernandez

represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Bossing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 8 of 28

Nancy Koenigsberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Cubra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Martha Munoz

represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Bossing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Koenigsberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Cubra (See above for address)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 9 of 28

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Sergio Robledo

represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Bossing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Koenigsberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Cubra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 LEAD ATTORNEY

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 10 of 28

ATTORNEY TO BE NOTICED

Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Rebecca Telles on behalf of themselves and a class of all similarly situated individuals

represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Bossing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Koenigsberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Cubra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 11 of 28

Plaintiff Ron Hernandez

represented by Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009

Plaintiff Jeremy Robledo

represented by Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009

Plaintiff Ema Murillo

represented by Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary L Bauman (See above for address) TERMINATED: 03/18/2009 ATTORNEY TO BE NOTICED

Plaintiff Selina M. Crespin

represented by Andrew S Penn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan K. Egan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira Abraham Burnim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Bossing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Y Schatz−Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 12 of 28
Michael W. Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy Koenigsberg Disability Rights New Mexico 1720 Louisiana Blvd., NE #204 Albuquerque, NM 87110 (505) 256−3100 Fax: 505−256−3184 Email: nkoenigsberg@drnm.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Cubra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tim Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Board of County Commissioners for the County of Dona Ana TERMINATED: 01/15/2010
Defendant Christopher Barela in his individual and official capacities TERMINATED: 01/15/2010
Defendant Ken Miyagishima in his official capacity

represented by John W Caldwell Post Office Box 2467 Hobbs, NM 88241 915−566−8688 Fax: 888−665−1285 Email: john@johnwcaldwell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John W Caldwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Christina E Anaya Robles, Rael & Anaya, PC 500 Marquette Ave NW Suite 700 Albuquerque, NM 87102 5052422228 Fax: 5052421106 Email: tina@roblesrael.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel J Macke Brown Law Firm 3777 The American Rd. NW Suite 100 Albuquerque, NM 87114 (505) 292−9677

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 13 of 28

Fax: (505) 292−9680 Email: dan@brownlawnm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Luis E. Robles Robles, Rael & Anaya, P.C. 500 Marquette Ave., NW Suite 700 Albuquerque, NM 87102 505−242−2228 Fax: 505−242−1106 Email: luis@roblesrael.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terri S Beach Miller Stratvert P.A. P.O. Box 25687 Albuquerque, NM 87125 505−842−4710 Fax: 505−243−4408 Email: tbeach@mstlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
John and Jane Does 1−10 TERMINATED: 01/15/2010

represented by John W Caldwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Dona Ana County Detention Center TERMINATED: 01/15/2010

represented by John W Caldwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant City of Las Cruces

represented by Luis E. Robles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terri S Beach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Terrance Moore in his official capacity

represented by Luis E. Robles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terri S Beach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Las Cruces Police Department

represented by

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 14 of 28

Luis E. Robles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terri S Beach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Harry Romero in his official capacity

represented by Luis E. Robles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terri S Beach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Todd Garrison TERMINATED: 01/15/2010

represented by John W Caldwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Dona Ana County Sheriffs' Office TERMINATED: 01/15/2010

represented by John W Caldwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/03/2008
01/03/2008 01/04/2008 01/10/2008
01/10/2008 01/11/2008 01/11/2008 01/17/2008

# Docket Text
1 NOTICE OF REMOVAL by Ken Miyagishima from Third Judicial District Court, case number CV−2007−02539. ( Filing Fee − Deliver Payment), filed by Ken Miyagishima. (Attachments: # 1 Exhibit A: First Amended Complaint for Class Action Injunctive Relief and for Damages for Named Plaintiffs# 2 Civil Cover Sheet)(Robles, Luis) (Entered: 01/03/2008)
Judge Judith C. Herrera and Leslie C. Smith assigned. (eh) (Entered: 01/04/2008)
2 Filing fee: $ 350.00, receipt number 2276 (nm) (Entered: 01/07/2008)
3 INITIAL SCHEDULING ORDER: by Judge Leslie C. Smith Rule 16(c) Hearing set for 3/13/2008 10:00 AM in Las Cruces − Judge Leslie C. Smith Chambers before Magistrate Judge Leslie C. Smith. Joint Status Report due by 3/6/2008. (wp) (Entered: 01/10/2008)
4 Transmittal of State Court Documents by Ken Miyagishima (Attachments: # 1 Exhibit Certified State Court Pleadings)(Robles, Luis) (Entered: 01/10/2008)
5 ANSWER to Complaint (Notice of Removal) for Class Action Injunctive Relief and for Damages for Named Plaintiffs by Ken Miyagishima. (Robles, Luis) (Entered: 01/11/2008)
6 ANSWER to Complaint (Notice of Removal) by Board of County Commissioners for the County of Dona Ana, Christopher Barela, John and Jane Does. (Caldwell, John) (Entered: 01/11/2008)
7 MINUTE ORDER reassigning case to Senior Judge C. LeRoy Hansen. Judge Judith C. Herrera no longer assigned to case by Clerk of Court (jm) (Entered: 01/17/2008)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 15 of 28

01/18/2008
01/21/2008 01/21/2008
03/06/2008 03/07/2008
03/07/2008 03/07/2008
03/07/2008
03/10/2008
03/13/2008 03/13/2008 03/13/2008
03/14/2008
03/17/2008 03/18/2008 04/01/2008 04/03/2008 04/07/2008 04/09/2008 04/16/2008
04/28/2008

8 MINUTE ORDER reassigning case to Chief U.S. District Judge Martha Vazquez. Senior Judge C. LeRoy Hansen no longer assigned to case by Clerk of Court (jm) (Entered: 01/18/2008)
9 NOTICE of Appearance by Christina E Anaya on behalf of Ken Miyagishima (Anaya, Christina) (Entered: 01/21/2008)
10 NOTICE of Appearance by John W Caldwell on behalf of Board of County Commissioners for the County of Dona Ana, Christopher Barela, John and Jane Does (Caldwell, John) (Entered: 01/21/2008)
11 CERTIFICATE OF SERVICE by Joe Estrada re: Initial Disclosures (Bach, George) (Entered: 03/06/2008)
12 MOTION to Dismiss No. I: Dismissal of Claims Based on the United States Constitution, the Americans with Disabilites Act, the Rehabilitation Act, and Request for Injunctive Relief by Ken Miyagishima. (Robles, Luis) (Entered: 03/07/2008)
13 Joint Status Report and Provisional Discovery Plan by Jaime Bravo (Bach, George) (Entered: 03/07/2008)
14 MOTION to Dismiss No. II: Dismissal of Claims Based on the New Mexico Constitution and New Mexico Tort Claims Act by Ken Miyagishima. (Attachments: # 1 Exhibit A)(Robles, Luis) (Entered: 03/07/2008)
15 MOTION for Protective Order Staying Discovery until the Court Rules on Miyagishima's Dispositive Motions by Ken Miyagishima. (Robles, Luis) (Entered: 03/07/2008)
16 ORDER by Judge Leslie C. Smith Telephonic Motion Hearing re: 15 set for 4/2/2008 09:00 AM in Las Cruces − Judge Leslie C. Smith Chambers before Magistrate Judge Leslie C. Smith. (wp) (Entered: 03/10/2008)
17 NOTICE of Appearance by Lewis Bossing on behalf of all plaintiffs (Bossing, Lewis) (Entered: 03/13/2008)
18 Clerk's Minutes for proceedings held before Judge Leslie C. Smith : Scheduling Conference held on 3/13/2008. (wp) (Entered: 03/13/2008)
19 ORDER by Judge Leslie C. Smith Telephonic Status Conference set for 6/23/2008 10:00 AM in Las Cruces − Judge Leslie C. Smith Chambers before Magistrate Judge Leslie C. Smith. (wp) (Entered: 03/13/2008)
20 **FILED IN ERROR** MOTION for Leave to Appear plaintiff's counsel by Jaime Bravo. (Attachments: # 1 Affidavit Entryy of Appearance)(Penn, Andrew) Modified text on 3/18/2008. (mr) (Entered: 03/14/2008)
21 ORDER by Judge Leslie C. Smith vacating 4/2/08 Motion Hearing (wp) (Entered: 03/17/2008)
22 NOTICE of Appearance by Andrew S Penn on behalf of Jaime Bravo (Penn, Andrew) (Entered: 03/18/2008)
23 NOTICE of Appearance by Ira Abraham Burnim on behalf of all plaintiffs (Burnim, Ira) (Entered: 04/01/2008)
24 CERTIFICATE OF SERVICE by Ken Miyagishima Rule 26(a)(1) Initial Disclosures (Robles, Luis) (Entered: 04/03/2008)
25 AMENDED COMPLAINT First Amended Complaint against all defendants., filed by Jaime Bravo, Joe Estrada, Ezekial Diaz.(Bauman, Rosemary) (Entered: 04/07/2008)
26 SCHEDULING ORDER by Judge Leslie C. Smith (wp) (Entered: 04/09/2008)
Summons Issued as to Dona Ana County Detention Center, City of Las Cruces, Terrance Moore, Las Cruces Police Department and Harry Romero. (eh) (Entered: 04/16/2008)
27 ANSWER to Amended Complaint 25 by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima.(Robles, Luis) Modified

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 16 of 28

04/28/2008 04/28/2008 05/12/2008 05/12/2008 05/27/2008 05/27/2008
06/04/2008 06/12/2008 06/16/2008
06/17/2008
06/23/2008 06/23/2008 06/24/2008 06/24/2008 06/24/2008

on 5/1/2008 to create link. (mjr) (Entered: 04/28/2008)
28 MOTION to Dismiss Class Action Claims by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima. (Robles, Luis) (Entered: 04/28/2008)
29 ANSWER to Amended Complaint 25 by Board of County Commissioners for the County of Dona Ana, Christopher Barela, John and Jane Does.(Caldwell, John) Modified on 5/1/2008 to create link. (mjr) (Entered: 04/28/2008)
30 CERTIFICATE OF SERVICE by Jaime Bravo Plaintiff Bravos First Set of Interrogatories and Requests for Production to Defendant City of Las Cruces; Plaintiff Bravos First Set of Interrogatories and Requests for Production to Defendant Board (Bach, George) (Entered: 05/12/2008)
31 RESPONSE in Opposition re 28 MOTION to Dismiss Class Action Claims filed by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Bauman, Rosemary) (Entered: 05/12/2008)
32 REPLY to Response to Motion re 28 MOTION to Dismiss Class Action Claims filed by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima. (Robles, Luis) (Entered: 05/27/2008)
33 NOTICE of Briefing Complete by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima re 28 MOTION to Dismiss Class Action Claims filed by Ken Miyagishima, Las Cruces Police Department, Terrance Moore, Harry Romero, City of Las Cruces (Robles, Luis) (Entered: 05/27/2008)
34 CERTIFICATE OF SERVICE by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima City Defendants' First Set of Discovery Requests to Plaintiffs (Robles, Luis) (Entered: 06/04/2008)
35 CERTIFICATE OF SERVICE by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima City Defendants' First Set of Discovery Responses to Plaintiffs (Robles, Luis) (Entered: 06/12/2008)
36 AMENDED COMPLAINT Second Amended Complaint against all defendants., filed by Ron Hernandez, Jeremy Robledo, Ema Murillo, Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva.(Bauman, Rosemary) (Entered: 06/16/2008)
37 NOTICE of Counsel Unavailability from July 11, 2008 through July 23, 2008 by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva (Cubra, Peter) Modified text on 6/18/2008 to include detail (kdf). (Entered: 06/17/2008)
38 CERTIFICATE OF SERVICE by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima City Defendants' First Supplemental Responses to Plaintiff Bravo's First Set of Requests for Production (Robles, Luis) (Entered: 06/23/2008)
39 Clerk's Minutes for proceedings held before Magistrate Judge Leslie C. Smith: Scheduling Conference held on 6/23/2008. (wp) (Entered: 06/24/2008)
40 SCHEDULING ORDER: by Magistrate Judge Leslie C. Smith (wp) (Entered: 06/24/2008)
41 CERTIFICATE OF SERVICE by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima City Defendants' First Supplemental Rule 26(a)(1) Initial Disclosures (Robles, Luis) (Entered: 06/24/2008)
42 ORDER by Magistrate Judge Leslie C. Smith Settlement Conference set for 8/19/2008 01:30 PM and 8/20/2008 01:30 PM in Las Cruces − Judge Leslie C. Smith Courtroom before Magistrate Judge Leslie C. Smith. (wp) (Entered: 06/24/2008)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 17 of 28

06/27/2008 07/01/2008 07/01/2008
07/07/2008
07/07/2008 07/08/2008 07/08/2008 07/09/2008 07/09/2008 07/14/2008 07/14/2008 07/14/2008
07/15/2008 07/15/2008
07/21/2008

Summons Issued on Amended Complaint as to Todd Garrison & Dona Ana County Sheriffs' Office. (nm) (Entered: 06/27/2008)
43 NOTICE of Appearance by Luis E. Robles on behalf of City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima (Robles, Luis) (Entered: 07/01/2008)
44 CERTIFICATE OF SERVICE by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima City Defendants' First Set of Interrogatories and Request for Production to Plaintiffs Ron Hernandez, Jeremy Robledo and Ema Murillo (Robles, Luis) (Entered: 07/01/2008)
45 **FILED IN ERROR**NOTICE by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does Certificate of Service Discovery Responses (Caldwell, John) Modified text on 7/8/2008 (kdf). (Entered: 07/07/2008)
46 Unopposed MOTION to Extend (other) D.N.M.LR−CIV. 26.6 DEADLINE by Jaime Bravo. (Bach, George) (Entered: 07/07/2008)
47 ORDER by Magistrate Judge Leslie C. Smith granting 46 ORDER on Motion to Extend (wp) (Entered: 07/08/2008)
48 CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela Responses to Plaintiffs' First Set of Discovery Requests (Caldwell, John) (Entered: 07/08/2008)
49 Unopposed MOTION for Protective Order by Jaime Bravo. (Bach, George) (Entered: 07/09/2008)
50 ORDER by Magistrate Judge Leslie C. Smith granting 49 Motion for Protective Order (wp) (Entered: 07/09/2008)
51 City Defendants ANSWER to 36 Amended Complaint, by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima.(Robles, Luis) (Entered: 07/14/2008)
52 NOTICE of Appearance by John W Caldwell on behalf of Todd Garrison, Dona Ana County Sheriffs' Office (Caldwell, John) (Entered: 07/14/2008)
53 County Defendants' ANSWER to 36 Amended Complaint, by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office.(Caldwell, John) (Entered: 07/14/2008)
54 CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Dona Ana First Set of Discovery Requests (Caldwell, John) (Entered: 07/15/2008)
55 MOTION to Certify Class by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Bauman, Rosemary) (Entered: 07/15/2008)
56 CERTIFICATE OF SERVICE by Jaime Bravo re: Plaintiff Bravos Answers and Responses to City Defendants First Interrogatories and Requests for Production to Jaime Bravo; Plaintiff Crespins Answers and Responses to City Defendants First Interrogatories and Requests for Production to Arlen Crespin; Plaintiff Diazs Answers and Responses to City Defendants First Interrogatories and Requests for Production to Ezekiel Diaz; Plaintiff Munozs Answers and Responses to City Defendants First Interrogatories and Requests for Production to Martha Munoz; Plaintiff Sergio Robledos Answers and Responses to City Defendants First Interrogatories and Requests for Production to Sergio Robledo; Plaintiff Telless Answers and Responses to City Defendants First Interrogatories and Requests for Production to Rebecca Telles; Plaintiff Estradas Answers to City Defendants First Interrogatories to Jose Estrada and his Responses to City Defendants First Requests for Production to Jose Estrada; Plaintiff Veronica Hernandezs Answers to City Defendants First Interrogatories to Veronica Hernandez and her Responses to City Defendants First Requests for Production to Veronica Hernandez; Plaintiff Silvas Answers to City

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 18 of 28

07/29/2008
08/01/2008 08/05/2008
08/05/2008 08/08/2008
08/08/2008 08/14/2008 08/15/2008 08/17/2008
08/20/2008 08/20/2008 08/20/2008 08/22/2008
08/28/2008 08/29/2008

Defendants First Interrogatories to Elee Silva and his Responses to City Defendants First Requests for Production to Elee Silva; and Plaintiffs Answers and Responses to City Defendants First Interrogatories and Requests for Production to Jaime Bravo, Adam Ortiz, Ezekiel Diaz, Elee Silva, Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, and Rebecca Telles as Class Representatives. (Bach, George) (Entered: 07/21/2008)
57 Unopposed MOTION to Appoint Guardian ad Litem by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Bauman, Rosemary) Modified text on 7/30/2008 (mjr). (Entered: 07/29/2008)
58 ORDER by Magistrate Judge Leslie C. Smith granting 57 Motion to Appoint Guardian Ad Litem ad Litem. (wp) (Entered: 08/01/2008)
59 ORDER by Magistrate Judge Leslie C. Smith finding Doc. 15 as moot. The parties may revisit the issue at the Settlement Conference if necessary (mcs) [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified to add text only on 8/6/2008 (cde) (Entered: 08/05/2008)
60 Clerk's Minutes for proceedings held before Magistrate Judge Leslie C. Smith: Telephonic Status Conference held on 8/5/2008. (mcs) (Entered: 08/05/2008)
61 CERTIFICATE OF SERVICE by Ron Hernandez re:Plaintiff Ron Hernandezs Answers and Responses to City Defendants First Interrogatories and Requests for Production to Ron Hernandez; Plaintiff Ema Murillos Answers and Responses to City Defendants First Interrogatories and Requests for Production to Ema Murillo; and Plaintiff Jeremy Robledos Answers and Responses to City Defendants First Interrogatories and Requests for Production to Jeremy Robledo (Bach, George) (Entered: 08/08/2008)
62 NOTICE of Change of Address by Peter Cubra (Cubra, Peter) (Entered: 08/08/2008)
63 MOTION to Appoint Substitute Guardian Ad Litem by Arlen Crespin. (Lilley, Michael) Modified on 8/21/2008 (kdf). (Entered: 08/14/2008)
64 MOTION to Appoint Guardian ad Litem by Veronica Hernandez. (Lilley, Michael) Modified on 8/22/2008 (kdf). (Entered: 08/15/2008)
65 RESPONSE in Opposition re 55 MOTION to Certify Class filed by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office. (Attachments: # 1 Affidavit Christopher Barela)(Caldwell, John) (Entered: 08/17/2008)
66 ORDER by Magistrate Judge Leslie C. Smith granting 63 Motion to Appoint Guardian ad Litem. (mcs) (Entered: 08/20/2008)
67 ORDER by Magistrate Judge Leslie C. Smith granting 64 Motion to Appoint Guardian ad Litem. (mcs) (Entered: 08/20/2008)
68 Clerk's Minutes for proceedings held before Magistrate Judge Leslie C. Smith: Settlement Conference held on 8/19/2008 and 8/20/2008. (mcs) (Entered: 08/22/2008)
69 ORDER by Magistrate Judge Leslie C. Smith Telephonic Conference set for 09/5/2008 11:00 AM. In person meeting set for 09/19/2008 at 9:30 AM in Albuquerque. Continuation of the Settlement Conference set for 10/1/2008 09:00 AM in Las Cruces − Judge Leslie C. Smith Chambers before Magistrate Judge Leslie C. Smith. (mcs) (Entered: 08/22/2008)
70 ORDER Magistrate Judge Karen B. Molzen added. Magistrate Judge Leslie C. Smith no longer assigned to case by Matthew J. Dykman, Clerk (ctd) (Entered: 08/28/2008)
71 NOTICE by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva Notice of Unavailability (Koenigsberg, Nancy) (Entered: 08/29/2008)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 19 of 28

09/24/2008
09/25/2008 09/30/2008
10/01/2008 10/03/2008 10/08/2008 10/09/2008 10/10/2008
10/29/2008 11/03/2008 11/03/2008
11/18/2008 11/20/2008 12/01/2008 12/02/2008

72 ORDER by Magistrate Judge Karen B. Molzen re 69 Continuation of Settlement Conference is still set for 10/01/2008 from 9:00 a.m. to 5:00 p.m. in Las Cruces, but will be moved to Judge Karen B. Molzen's Chambers before Magistrate Judge Karen B. Molzen. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 09/24/2008)
Set/Reset Hearings: Settlement Conference Followup set for 10/1/2008 at 9:00 AM in Las Cruces − Judge Karen B. Molzen Courtroom before Magistrate Judge Karen B. Molzen. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 09/25/2008)
Remark by Judge Molzen's chambers: After much discussion to move the settlement conference follow−up to 1:00 p.m. on Wednesday, October, 1, 2008, all the parties are not able to reschedule the time to meet, so the original time to begin the settlement conference follow−up at 9:00 a.m. will remain the starting time for the settlement conference. (ta) (Entered: 09/30/2008)
77 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Settlement Conference held on 10/1/2008; settlement efforts to be continued (cde) (Entered: 10/29/2008)
73 ORDER by Magistrate Judge Karen B. Molzen outlining plan for continued settlement efforts (as set forth in Order). (KBM) (Entered: 10/03/2008)
74 NOTICE by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima Certificate of Compliance for Order Following Settlement Conference (Robles, Luis) (Entered: 10/08/2008)
75 Joint MOTION to Extend (other) Discovery and Pre−Trial Deadlines by Jaime Bravo. (Bach, George) (Entered: 10/09/2008)
76 ORDER by Magistrate Judge Karen B. Molzen granting 75 Motion to Extend Deadlines. The scheduling of new deadlines will be deferred until such time as the settlement negotiations set forth in its Courts Order Following Settlement Conference, (Doc. 73, dated October 3, 2008) have been completed. (KBM) (Entered: 10/10/2008)
Set/Reset Hearings: Telephonic Status Conference as to County Defendants set for 10/29/2008 at 2:00 PM MST in Las Cruces is vacated and will be rescheduled at a later date. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 10/29/2008)
78 MOTION to Quash Subpoena by Valmora, Inc.. (Attachments: # 1 Exhibit Subpoena)(Reyes, Faith) (Entered: 11/03/2008)
79 ORDER by Magistrate Judge Karen B. Molzen: Telephonic Status Conference as to County Defendants set for 12/4/2008 at 10:00 AM Mountain in Las Cruces − Judge Karen B. Molzen Courtroom before Magistrate Judge Karen B. Molzen. A Sprint operator will initiate the telephone conference. Please contact Theresa Arguello at 575−528−1480 if you wish to be contacted at a different telephone number than is listed on the court docket. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 11/03/2008)
80 CERTIFICATE OF SERVICE by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima Subpoena to Valmora, Inc. (Robles, Luis) (Entered: 11/18/2008)
81 RESPONSE to Motion re 78 MOTION to Quash Subpoena filed by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robles, Luis) (Entered: 11/20/2008)
82 NOTICE of Appearance by Terri S Beach on behalf of City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima (Beach, Terri) (Entered: 12/01/2008)
83 CERTIFICATE OF SERVICE by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima City Defendants' Second Supplemental Rule 26 (a)(1) Initial Disclosures (Robles, Luis) (Entered: 12/02/2008)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 20 of 28

12/08/2008
12/08/2008 12/11/2008 12/11/2008 12/16/2008 12/23/2008 01/02/2009 01/02/2009 01/08/2009 01/20/2009 01/28/2009
01/28/2009
01/28/2009
01/29/2009 02/04/2009

84 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Telephonic Status Conference with County Defendants held on 12/8/2008. Meeting with experts set for 12/11/2008; meeting amongst attorneys set for 12/18/2008 at 10:00 a.m.; and in−person meeting with Judge Molzen set for 12/23/2008 in the Hondo Courtroom in Albuquerque, NM. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 12/08/2008)
85 ORDER by Magistrate Judge Karen B. Molzen: Status Conference with County Defendants set for 12/23/2008 at 9:00 AM in Albuquerque − 440 Hondo Courtroom before Magistrate Judge Karen B. Molzen. (ta) (Entered: 12/08/2008)
86 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Telephonic Status Conference with City Defendants held on 12/9/2008. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 12/11/2008)
87 ORDER by Magistrate Judge Karen B. Molzen: Telephonic Status Conference with City Defendants set for 2/5/2009 at 3:00 PM in Las Cruces − Judge Karen B. Molzen Chambers before Magistrate Judge Karen B. Molzen. (ta) (Entered: 12/11/2008)
88 NOTICE of Change of Address by John W Caldwell (Caldwell, John) (Entered: 12/16/2008)
89 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Status Conference with County Defendants held on 12/23/2008 at 9:00 AM in Albuquerque − 440 Hondo Courtroom. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 12/29/2008)
90 REPLY to Response to Motion re 78 MOTION to Quash Subpoena filed by Valmora, Inc.. (Attachments: # 1 Exhibit Exhibit 1)(Reyes, Faith) (Entered: 01/02/2009)
91 NOTICE of Briefing Complete by Valmora, Inc. re 78 MOTION to Quash Subpoena filed by Valmora, Inc. (Reyes, Faith) (Entered: 01/02/2009)
92 NOTICE of Change of Address by John W Caldwell (Caldwell, John) (Entered: 01/08/2009)
93 ORDER by Magistrate Judge Karen B. Molzen: Telephonic Status Conference with Plaintiffs and County Defendants set for 2/6/2009 at 1:30 PM in Las Cruces − Judge Karen B. Molzen Chambers before Magistrate Judge Karen B. Molzen. (ta) (Entered: 01/20/2009)
Set/Reset Hearings: Telephonic Status Conference with Plaintiffs and County Defendants set for 2/6/2009 at 1:30 PM is VACATED and RESET for 2/26/2009 at 3:00 PM in Las Cruces − Judge Karen B. Molzen Chambers before Magistrate Judge Karen B. Molzen. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 01/28/2009)
94 ORDER by Chief Judge Martha Vazquez denying as moot the following motions: 28 MOTION to Dismiss Class Action Claims; 12 MOTION to Dismiss No. I: Dismissal of Claims Based on the United States Constitution, the Americans with Disabilites Act, the Rehabilitation Act, and Request for Injunctive Relief; and 14 MOTION to Dismiss No. II: Dismissal of Claims Based on the New Mexico Constitution and New Mexico Tort Claims Act. (kdf) (Entered: 01/28/2009)
95 ORDER by Magistrate Judge Karen B. Molzen granting in part and denying in part 78 Motion to Quash. Valmora is not required to produce its billing records as to Plaintiff Telles. Now that Valmora is satisfied that the newly delivered release complies with the dictates of HIPAA, in all other respects the motion is denied. (KBM) (Entered: 01/28/2009)
96 CERTIFICATE OF SERVICE by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima City Defendants' Third Supplemental Rule 26 (a)(1) Initial Disclosures (Robles, Luis) (Entered: 01/29/2009)
97 NOTICE of Appearance by Brendan Egan on behalf of all plaintiffs (Egan, Brendan) (Entered: 02/04/2009)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 21 of 28

02/05/2009
02/06/2009 02/10/2009
02/27/2009 02/27/2009
02/27/2009 03/03/2009
03/05/2009 03/06/2009 03/09/2009 03/09/2009 03/10/2009

99 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Telephonic Status Conference with City Defendants held on 2/5/2009. Participants included: Andrew Penn, Rosemary Bauman, Nancy Koenigsberg, Peter Cubra & George Bach for Plaintiffs; Terri Beach & Luis Robles for City Defendants. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 02/09/2009)
98 Unopposed MOTION to Withdraw as Attorney by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Bauman, Rosemary) (Entered: 02/06/2009)
100 ORDER by Magistrate Judge Karen B. Molzen: Settlement Conference with all parties is set for 2/26/2009 at 9:00 AM in Las Cruces − Judge Karen B. Molzen Courtroom before Magistrate Judge Karen B. Molzen. The telephonic status conference with the County Defendants scheduled for the same day is VACATED. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 02/10/2009)
101 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Settlement Conference held on 2/27/2009. The case did not settle but the parties will reconvene on 3/4/2009 to continue settlement negotiations. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 02/27/2009)
102 ORDER by Magistrate Judge Karen B. Molzen: Settlement Conference Follow−Up set for 3/4/2009 at 9:00 AM in Las Cruces − Judge Karen B. Molzen Courtroom before Magistrate Judge Karen B. Molzen. Plaintiffs and City Defendants to meet at 9:00 AM to 12:00 PM; Plaintiffis and County Defendants to meet at 12:00 PM to 5:00 PM. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 02/27/2009)
103 NOTICE by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva of Unavailability (Cubra, Peter) (Entered: 02/27/2009)
Set/Reset Hearings: Settlement Conference Follow−Up set for 3/4/2009 at 9:00 AM in Las Cruces is VACATED and RESET for 3/9/2009 in Las Cruces − Judge Karen B. Molzen Courtroom before Magistrate Judge Karen B. Molzen. Plaintiffs and City Defendants to meet at 9:00 AM to 12:00 PM; Plaintiffs and County Defendants to meet at 12:00 PM to 5:00 PM. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 03/03/2009)
104 NOTICE by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva of Unavailability (Bach, George) (Entered: 03/05/2009)
105 NOTICE of Unavailability by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva (Koenigsberg, Nancy) Modified security on 3/10/2009 (Entered: 03/06/2009)
108 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Settlement Conference held on 3/9/2009; Case did not settle; Settlement efforts to be continued on 3/30/09 @ 11:00 am in Las Cruces (Tape #FTR−KBM) (ctd) (Entered: 03/10/2009)
109 AMENDED Clerk's Minutes (Notice) re 108 Settlement Conference; Case settled as to City Defendant's; Settlement efforts to be continued with County Defendant's on 3/30/09 @ 11:00 am in Las Cruces (ctd) (Entered: 03/11/2009)
106 ORDER by Magistrate Judge Karen B. Molzen: Settlement Conference Follow−up with Plaintiffs and County Defendants set for 3/30/2009 at 11:00 AM in Las Cruces − Judge Karen B. Molzen Courtroom before Magistrate Judge Karen B. Molzen. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 03/10/2009)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 22 of 28

03/10/2009 03/12/2009 03/12/2009 03/18/2009 03/30/2009 03/30/2009 04/10/2009
04/15/2009 04/15/2009
04/15/2009 04/15/2009 04/22/2009 04/27/2009 05/02/2009 05/02/2009 05/04/2009

107 NOTICE OF WITHDRAWAL OF DOCUMENT as to document 55 Motion to Certify Class, by all plaintiffs (Bach, George) (Entered: 03/10/2009)
110 STIPULATION by Ron Hernandez, Jeremy Robledo, Adam Ortiz (Bach, George) (Entered: 03/12/2009)
111 STIPULATION of Dismissal as to claims against Defendants City of Las Cruces, Ken Miyagishima, Terrence Moore, Las Cruces Police Department, Harry Romero, John Doe #2, and Jane Doe # 2 by Martha Munoz, Ezekial Diaz, Elee Silva (Bach, George) (Entered: 03/12/2009)
112 ORDER by Chief Judge Martha Vazquez GRANTING Plaintiffs' Unopposed Motion to Withdraw as Attorney 98 by Attorney Rosemary L. Bauman(laz) [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/18/2009)
113 ORDER by Magistrate Judge Karen B. Molzen: Telephonic Status Conference set for 4/15/2009 at 3:00 PM in Las Cruces − Judge Karen B. Molzen Chambers before Magistrate Judge Karen B. Molzen. (ta) (Entered: 03/30/2009)
114 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Settlement Conference Follow−up held on 3/30/2009; County case did not settle; Telephonic Status Conference set for 4/15/09 @ 3 pm (Tape #FTR−KBM) (ctd) Modified text on 4/2/2009 (ctd) (Entered: 03/30/2009)
116 MOTION to Certify Class and Appoint Class Counsel by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Egan, Brendan) (Entered: 04/10/2009)
117 Unopposed MOTION for Leave to File Excess Pages by Jaime Bravo. (Bach, George) (Entered: 04/15/2009)
118 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Telephonic Status Conference with County Defendants held on 4/15/2009. Participants included: Lewis Bossing, Nancy Koenigsberg, Mike Lilley & George Bach for Plaintiffs; John Caldwell for County Defendants. The case is assigned to a standard 180 day track. The Court will set discovery deadlines in its scheduling order. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (ta) (Entered: 04/15/2009)
119 SCHEDULING ORDER by Magistrate Judge Karen B. Molzen: Discovery due by 10/15/2009. Motions due by 11/27/2009. Proposed Pretrial Order due by 1/29/2010. (ta) (Entered: 04/16/2009)
120 ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN by Magistrate Judge Karen B. Molzen. (ta) (Entered: 04/16/2009)
121 ORDER by Chief Judge Martha Vazquez granting 117 Plaintiffs' Unopposed Motion for Leave to File Excess Pages (kdf) (Entered: 04/23/2009)
122 RESPONSE in Opposition re 116 MOTION to Certify Class and Appoint Class Counsel filed by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office. (Caldwell, John) (Entered: 04/27/2009)
124 STIPULATION Agreement to Exceed Page Limitations on Exhibits by Jaime Bravo (Bach, George) (Entered: 05/02/2009)
125 Opposed MOTION for Preliminary Injunction by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Bach, George) (Entered: 05/02/2009)
127 NOTICE by Jaime Bravo of Unavailability of Counsel (Bach, George) (Entered: 05/04/2009)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 23 of 28

05/05/2009 05/08/2009
05/11/2009 05/11/2009
05/11/2009
05/15/2009 05/16/2009
05/18/2009 05/20/2009
05/28/2009 06/01/2009 06/01/2009 06/02/2009 06/04/2009

128 NOTICE by Jaime Bravo Notice of Unavailability (Koenigsberg, Nancy) (Entered: 05/05/2009)
130 NOTICE of Briefing Complete by all plaintiffs re 115 Opposed MOTION for Sanctions filed by Sergio Robledo, Elee Silva, Joe Estrada, Ema Murillo, Veronica Hernandez, Arlen Crespin, Ezekial Diaz, Martha Munoz, Ron Hernandez, Rebecca Telles, Jaime Bravo, Jeremy Robledo, Adam Ortiz (Koenigsberg, Nancy) (Entered: 05/08/2009)
131 CERTIFICATE OF SERVICE by Jaime Bravo, Joe Estrada of Second Set of Discovery Requests to County Defendants (Egan, Brendan) (Entered: 05/11/2009)
132 REPLY to Response to Motion re 116 MOTION Motion for Class Certification and Appointment of Class Counsel filed by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Egan, Brendan) Modified text on 5/12/2009 (kdf). (Entered: 05/11/2009)
133 NOTICE of Briefing Complete by all plaintiffs re 116 MOTION to Certify Class and Appoint Class Counsel filed by Sergio Robledo, Elee Silva, Joe Estrada, Ema Murillo, Veronica Hernandez, Arlen Crespin, Ezekial Diaz, Martha Munoz, Ron Hernandez, Rebecca Telles, Jaime Bravo, Jeremy Robledo, Adam Ortiz (Egan, Brendan) (Entered: 05/11/2009)
134 NOTICE by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva of Unavailability (Cubra, Peter) (Entered: 05/15/2009)
135 NOTICE by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office re 125 Opposed MOTION for Preliminary Injunction Agreed Extension of Time to Respond (Caldwell, John) (Entered: 05/16/2009)
136 MINUTE ORDER reassigning case to District Judge William P. Johnson. Chief Judge Martha Vazquez no longer assigned to case.(kdf) (Entered: 05/18/2009)
137 ORDER by Judge William P. Johnson referring 115 Opposed MOTION for Sanctions filed by Sergio Robledo, Elee Silva, Joe Estrada, Ema Murillo, Veronica Hernandez, Arlen Crespin, Ezekial Diaz, Martha Munoz, Ron Hernandez, Rebecca Telles, Jaime Bravo, Jeremy Robledo, Adam Ortiz to Judge Karen Molzen for recommendation of ultimate disposition. (mag) (Entered: 05/20/2009)
138 REPORT AND RECOMMENDATIONS by Magistrate Judge Karen B. Molzen re 115 Plaintiffs' Opposed MOTION for Sanctions. Objections to R&R due by 6/15/2009. (KBM) (Entered: 05/28/2009)
139 Joint MOTION for Order Compelling Disclosure of Medical and Mental Health Records by Jaime Bravo. (Bach, George) (Entered: 06/01/2009)
140 ORDER by Magistrate Judge Karen B. Molzen granting 139 Joint Motion for Order Compelling Disclosure of Medical and Mental Health Records. (ta) (Entered: 06/01/2009)
141 NOTICE by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office re 125 Opposed MOTION for Preliminary Injunction Agreed Extension Time to Respond (Caldwell, John) (Entered: 06/02/2009)
142 CERTIFICATE OF SERVICE by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva Plaintiffs' Answers to County Defendants' First Set of Interrogatories (Egan, Brendan) (Entered: 06/04/2009)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 24 of 28

06/09/2009
06/15/2009 06/22/2009 06/24/2009 06/26/2009 07/02/2009
07/06/2009
07/08/2009 07/09/2009 07/15/2009 07/15/2009 07/17/2009 07/17/2009
07/17/2009

143 Unopposed MOTION to Extend (other) Expert Reports, Termination of Discovery and Motions Related to Discovery by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Koenigsberg, Nancy) (Entered: 06/09/2009)
144 ORDER by Magistrate Judge Karen B. Molzen granting 143 Motion to Extend Time for Expert Reports, Termination of Discovery and Motions Related to Discovery. (ta) (Entered: 06/15/2009)
145 RESPONSE in Opposition re 125 Opposed MOTION for Preliminary Injunction filed by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office. (Caldwell, John) (Entered: 06/22/2009)
147 NOTICE by Jaime Bravo re 146 Memorandum in Opposition, 126 Memorandum in Support,, 125 Opposed MOTION for Preliminary Injunction, 145 Response in Opposition to Motion, of Agreed Extension of Time to File Reply (Bach, George) (Entered: 06/24/2009)
148 CERTIFICATE OF SERVICE by Jeremy Robledo of First Amended Answers to County Defendants' First Set of Interrogatories to Plaintiff Jeremy Robledo (Bach, George) (Entered: 06/26/2009)
149 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 115 Motion for Sanctions filed by Sergio Robledo, Elee Silva, Joe Estrada, Ema Murillo, Veronica Hernandez, Arlen Crespin, Ezekial Diaz, Martha Munoz, Ron Hernandez, Rebecca Telles, Jaime Bravo, Jeremy Robledo, Adam Ortiz, 138 Report and Recommendations by District Judge William P. Johnson (bap) (Entered: 07/02/2009)
150 AFFIDAVIT re 146 Memorandum in Opposition, by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office (Attachments: # 1 Affidavit)(Caldwell, John) Modified security on 7/9/2009 (icm). (Entered: 07/06/2009)
151 NOTICE by Jaime Bravo OF AGREED EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION (Bach, George) (Entered: 07/08/2009)
152 STIPULATION of Dismissal by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva (Koenigsberg, Nancy) (Entered: 07/09/2009)
153 Unopposed MOTION for Leave to File Excess Pages in Reply in Support of Motion for Preliminary Injunction by Jaime Bravo. (Bach, George) (Entered: 07/15/2009)
154 ORDER by Magistrate Judge Karen B. Molzen granting 153 Motion for Leave to File Excess Pages. THIS IS A TEXT ONLY ENTRY − NO DOCUMENTS ARE ATTACHED. (KBM) (Entered: 07/15/2009)
155 Opposed MOTION to Compel Answers and Responses to Plaintiff Estrada's First Set of Interrogatories and Requests for Production by Joe Estrada. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Bach, George) (Entered: 07/17/2009)
157 NOTICE of Briefing Complete by Jaime Bravo re 125 Opposed MOTION for Preliminary Injunction filed by Sergio Robledo, Elee Silva, Joe Estrada, Ema Murillo, Veronica Hernandez, Arlen Crespin, Ezekial Diaz, Martha Munoz, Ron Hernandez, Rebecca Telles, Jaime Bravo, Jeremy Robledo, Adam Ortiz (Bach, George) (Entered: 07/17/2009)
158 Opposed MOTION to Compel Responses to Plaintiff Bravo's Second Set of Requests for Production to Defendant Board by Jaime Bravo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Bach, George) (Entered: 07/17/2009)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 25 of 28

07/30/2009 08/04/2009
08/04/2009
08/04/2009
08/05/2009 08/07/2009 08/07/2009 08/10/2009
08/13/2009 08/18/2009 08/19/2009 08/21/2009 08/27/2009
08/28/2009 08/28/2009 08/31/2009 08/31/2009

159 SUGGESTION OF DEATH Upon the Record as to Plaintiff Arlen Crespin by Jaime Bravo (Bach, George) (Entered: 07/30/2009)
160 RESPONSE in Opposition re 155 Opposed MOTION to Compel Answers and Responses to Plaintiff Estrada's First Set of Interrogatories and Requests for Production filed by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office. (Caldwell, John) (Entered: 08/04/2009)
161 RESPONSE in Opposition re 158 Opposed MOTION to Compel Responses to Plaintiff Bravo's Second Set of Requests for Production to Defendant Board filed by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office. (Caldwell, John) (Entered: 08/04/2009)
162 NOTICE by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office of Unavailability from 9/23−10/4/09 (Caldwell, John) Modified on 8/4/2009 TO ADD DATES (vv). (Entered: 08/04/2009)
163 NOTICE OF WITHDRAWAL OF DOCUMENT by Jaime Bravo (Bach, George) (Entered: 08/05/2009)
164 CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Dona Ana Second Supplemental Responses to Jaime Bravo's Second Set of Discovery Requests (Caldwell, John) (Entered: 08/07/2009)
165 CERTIFICATE OF SERVICE by Dona Ana County Sheriffs' Office First Supplemental Responses to Plaintiff Jose Estrada's First Set of Discovery Requests (Caldwell, John) (Entered: 08/07/2009)
166 CERTIFICATE OF SERVICE by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva for Plaintiff Ema Murillo's First Set of Interrogatories and Requests for Production to Defendant Board (Egan, Brendan) (Entered: 08/10/2009)
167 CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Dona Ana of Records of Additional Detainees (Caldwell, John) (Entered: 08/13/2009)
168 NOTICE OF WITHDRAWAL OF DOCUMENT by Joe Estrada (Bach, George) (Entered: 08/18/2009)
169 ORDER by District Judge William P. Johnson referring case to Magistrate Judge Gregory B. Wormuth for recommendation of ultimate disposition of pending motion AS FURTHER DESCRIBED HEREIN. (mag) (Entered: 08/19/2009)
170 CERTIFICATE OF SERVICE by Dona Ana County Sheriffs' Office First Set Discovery Requests to Plaintiff Jaime Bravo (Caldwell, John) (Entered: 08/21/2009)
171 Joint MOTION to Compel Disclosure of Documents from Prison Health Services, Inc. by Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Attachments: # 1 Exhibit)(Egan, Brendan) (Entered: 08/27/2009)
172 CERTIFICATE OF SERVICE by Ron Hernandez of First Set of Interrogatories and Requests for Production to Defendants (Bach, George) (Entered: 08/28/2009)
173 ORDER by Magistrate Judge Karen B. Molzen granting 171 Joint Motion to Compel. (ta) (Entered: 08/28/2009)
174 CERTIFICATE OF SERVICE by Jaime Bravo of Expert Witness Report of Henry A. Dlugacz (Bach, George) (Entered: 08/31/2009)
175 Unopposed MOTION for Extension of Time to Complete Discovery relating to Experts by Jaime Bravo. (Bach, George) (Entered: 08/31/2009)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 26 of 28

09/01/2009
09/03/2009 09/13/2009 09/14/2009 09/22/2009 09/22/2009 10/01/2009 10/05/2009 10/09/2009 10/09/2009 10/14/2009 10/15/2009
10/16/2009 10/21/2009
10/22/2009 10/22/2009

176 ORDER by Magistrate Judge Karen B. Molzen granting 175 Motion for Extension of Time to Complete Discovery: Plaintiffs law enforcement expert disclosures are due on or before September 30, 2009; Defendants law enforcement expert disclosures are due on or before October 30, 2009; Discovery shall terminate on November 13, 2009; Motions related to discovery shall be filed by November 20, 2009. (KBM) (Entered: 09/01/2009)
177 CERTIFICATE OF SERVICE by Martha Munoz First Set of Requests for Production to Defendant (Koenigsberg, Nancy) (Entered: 09/03/2009)
178 Unopposed MOTION for Extension of Time to Complete Discovery by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, Todd Garrison, Dona Ana County Sheriffs' Office. (Caldwell, John) (Entered: 09/13/2009)
179 ORDER by Magistrate Judge Karen B. Molzen granting 178 Motion for Extension of Time to Complete Discovery. (ta) (Entered: 09/14/2009)
180 CERTIFICATE OF SERVICE by Jaime Bravo of Plaintiffs' Answers to Defendant Dona Ana County Sheriff's Office First Set of Interrogatories and Requests for Production to Plaintiff Jaime Bravo (Bach, George) (Entered: 09/22/2009)
181 ORDER FOR ADDITIONAL BRIEFING on 125 Opposed MOTION for Preliminary Injunction by Magistrate Judge Gregory B. Wormuth (mal) (Entered: 09/22/2009)
182 CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office Responses to Ron Hernandez's Discovery Request (Caldwell, John) (Entered: 10/01/2009)
183 CERTIFICATE OF SERVICE by Jaime Bravo of Expert Witness Report of Harry Griffin (Bach, George) (Entered: 10/05/2009)
185 MOTION for Order to Show Cause Why Prison Health Services, Inc., Should Not Be Held in Contempt of Court by Jaime Bravo. (Attachments: # 1 Exhibit)(Bach, George) (Entered: 10/09/2009)
186 MOTION for Reconsideration re 173 Order on Motion to Compel by Prison Health Services. (Moss, M.) (Entered: 10/09/2009)
187 NOTICE OF WITHDRAWAL OF DOCUMENT as to document 185 Motion for Order to Show Cause by Jaime Bravo (Bach, George) (Entered: 10/14/2009)
188 MOTION to Compel Manuel Romero to Answer Plaintiffs Questions at his Deposition and Produce Documents Requested through a Notice of Deposition Duces Tecum by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Attachments: # 1 Exhibit, # 2 Exhibit)(Egan, Brendan) (Entered: 10/15/2009)
189 MOTION for Protective Order and Alternative Motion to Modify Subpoena by Prison Health Services. (Moss, M.) (Entered: 10/16/2009)
191 ORDER by Magistrate Judge Karen B. Molzen: Telephonic Status Conference set for 10/22/2009 at 2:00 PM in Las Cruces − Judge Karen B. Molzen Chambers before Magistrate Judge Karen B. Molzen. My judicial assistant will initiate the call John Caldwell and George Bach. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 10/22/2009)
192 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Telephonic Status Conference held on 10/22/2009. Participants included John Caldwell and George Bach. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 10/22/2009)
193 ORDER by Magistrate Judge William P Lynch: Telephonic Status Conference set for 10/28/2009 at 9:00 AM before Magistrate Judge William P Lynch. (cjk) (Entered: 10/22/2009)

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 27 of 28

10/23/2009
10/24/2009 10/26/2009
10/26/2009
10/27/2009 10/28/2009 10/28/2009 10/28/2009 10/30/2009 11/03/2009 11/05/2009 11/05/2009 11/13/2009 11/16/2009 11/17/2009 11/18/2009

194 RESPONSE in Opposition re 186 MOTION for Reconsideration re 173 Order on Motion to Compel filed by Arlen Crespin, Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Ezekial Diaz, Elee Silva. (Egan, Brendan) (Entered: 10/23/2009)
195 Unopposed MOTION to Substitute Party by Jaime Bravo. (Bach, George) (Entered: 10/24/2009)
196 NOTICE by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, John and Jane Does, Todd Garrison, Dona Ana County Sheriffs' Office re 188 MOTION to Compel Manuel Romero to Answer Plaintiffs Questions at his Deposition and Produce Documents Requested through a Notice of Deposition Duces Tecum Agreed Extension of Time to Respond (Caldwell, John) (Entered: 10/26/2009)
197 ORDER by District Judge William P. Johnson granting 195 Motion to Substitute Party. Selina M. Crespin rep by Nancy Koenigsberg, Michael W. Lilley, Ira Abraham Burnim, George L Bach, Jr, Tim Gardner, Andrew S Penn, Brendan Egan, Lewis Bossing, Peter Cubra, Lisa Y Schatz−Vance added. Arlen Crespin terminated (vv) (Entered: 10/26/2009)
198 MOTION for Pro Hac Vice by Prison Health Services. (Paoli, Henry) (Entered: 10/27/2009)
199 ORDER by Magistrate Judge William P Lynch: Settlement Conference set for 12/15/2009 at 08:30 AM in Las Cruces − Second Floor Conference Room before Magistrate Judge William P Lynch. (cjk) (Entered: 10/28/2009)
200 ORDER by Magistrate Judge Karen B. Molzen granting 198 ORDER on Motion for Pro Hac Vice Attorney Henry J. Paoli for Prison Health Services added. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 10/28/2009)
201 Clerk's Minutes for proceedings held before Magistrate Judge William P Lynch: Status Conference held on 10/28/2009. (cjk) (Entered: 10/28/2009)
202 RESPONSE in Opposition re 189 MOTION for Protective Order and Alternative Motion to Modify Subpoena filed by Jaime Bravo. (Bach, George) (Entered: 10/30/2009)
204 NOTICE OF WITHDRAWAL OF DOCUMENT as to document 188 Motion to Compel, by Jaime Bravo (Bach, George) (Entered: 11/03/2009)
205 REPLY to Response to Motion re 186 MOTION for Reconsideration re 173 Order on Motion to Compel filed by Prison Health Services. (Paoli, Henry) (Entered: 11/05/2009)
206 NOTICE of Briefing Complete by Prison Health Services re 186 MOTION for Reconsideration re 173 Order on Motion to Compel filed by Prison Health Services (Paoli, Henry) (Entered: 11/05/2009)
207 RESPONSE to Motion re 189 MOTION for Protective Order and Alternative Motion to Modify Subpoena filed by Prison Health Services. (Paoli, Henry) (Entered: 11/13/2009)
208 NOTICE of Briefing Complete by Prison Health Services re 189 MOTION for Protective Order and Alternative Motion to Modify Subpoena filed by Prison Health Services (Paoli, Henry) (Entered: 11/16/2009)
209 Joint MOTION for Extension of Time to Complete Discovery by Board of County Commissioners for the County of Dona Ana, Dona Ana County Detention Center, Christopher Barela, Todd Garrison, Dona Ana County Sheriffs' Office. (Caldwell, John) (Entered: 11/17/2009)
210 ORDER by Magistrate Judge Karen B. Molzen granting 209 Motion for Extension of Time to Complete Discovery. Discovery deadline is extended until 1/19/2010. If this matter is not resolved at the 12/15/2009 settlement conference, the parties will prepare and submit to the Court for its approval a proposed scheduling order that reestablishes

Case: 6:08-cv-10 As of: 07/30/2017 07:10 PM MDT 28 of 28

11/19/2009 11/20/2009
11/24/2009 11/24/2009 12/02/2009 12/08/2009 12/10/2009
12/15/2009
12/16/2009 12/16/2009 01/15/2010 01/19/2010

the remaining deadlines in this matter. [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ta) (Entered: 11/18/2009)
211 NOTICE of Change of Address by George L Bach, Jr (Bach, George) (Entered: 11/19/2009)
212 REPORT AND RECOMMENDATIONS re 125 Opposed MOTION for Preliminary Injunction filed by Sergio Robledo, Elee Silva, Joe Estrada, Ema Murillo, Veronica Hernandez, Arlen Crespin, Ezekial Diaz, Martha Munoz, Ron Hernandez, Rebecca Telles, Jaime Bravo, Jeremy Robledo, Adam Ortiz by Magistrate Judge Gregory B. Wormuth. Objections to R&R due by 12/10/2009.(mal) (Entered: 11/20/2009)
214 MEMORANDUM OPINION AND ORDER by Magistrate Judge Karen B. Molzen DENYING as MOOT 186 MOTION for Reconsideration; GRANTING IN PART AND DENYING IN PART 189 MOTION for Protective Order. (mcn) (Entered: 11/24/2009)
215 NOTICE OF UNAVAILABILITY FROM 12/16−12/28/09 AND 12/31/09−1/4/10 by Jaime Bravo (Koenigsberg, Nancy) Modified on 11/30/2009 TO ADD TEXT AND DATES (vv). (Entered: 11/24/2009)
216 STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen B. Molzen. (ta) (Entered: 12/03/2009)
217 OBJECTIONS re 214 Memorandum Opinion and Order Rule 72 Objection by Prison Health Services (Paoli, Henry) (Entered: 12/08/2009)
218 OBJECTIONS re 212 REPORT AND RECOMMENDATIONS re 125 Opposed MOTION for Preliminary Injunction filed by Sergio Robledo, Elee Silva, Joe Estrada, Ema Murillo, Veronica Hernandez, Arlen Crespin, Ezekial Diaz, Martha Munoz, Ron Hernandez, Rebecca Telles, Jaime Bravo, JeremREPORT AND RECOMMENDATIONS re 125 Opposed MOTION for Preliminary Injunction filed by Sergio Robledo, Elee Silva, Joe Estrada, Ema Murillo, Veronica Hernandez, Arlen Crespin, Ezekial Diaz, Martha Munoz, Ron Hernandez, Rebecca Telles, Jaime Bravo, Jerem by Jaime Bravo (Bach, George) (Entered: 12/10/2009)
219 NOTICE of Hearing on Defendants' Objections to Magistrate Judge Molzen's Order (Doc. 217) and Plaintiff's Objections to Magistrate Judge Wormuth's Order (Doc. 218) set for 1/20/2010 at 01:30 PM in Las Cruces − Judge Karen B. Molzen Courtroom before District Judge William P. Johnson. (mag) [THIS IS A TEXT−ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/15/2009)
220 Clerk's Minutes for proceedings held before Magistrate Judge William P Lynch: Settlement Conference held on 12/15/2009. (cjk) (Entered: 12/16/2009)
221 ORDER to Submit Closing Documents by Magistrate Judge William P Lynch: Closing documents due by 1/15/2010. (cjk) (Entered: 12/16/2009)
222 STIPULATION of Dismissal by Veronica Hernandez, Martha Munoz, Sergio Robledo, Rebecca Telles, Ron Hernandez, Jeremy Robledo, Ema Murillo, Jaime Bravo, Joe Estrada, Adam Ortiz, Selina M. Crespin, Ezekial Diaz, Elee Silva (Bach, George) (Entered: 01/15/2010)
223 MINUTE ORDER by District Judge William P. Johnson VACATING 1/20/2010 hearing on Defendants' Objections to Magistrate Judge Molzen's Order (Doc. 217) and Plaintiff's Objections to Magistrate Judge Wormuth's Order (Doc. 218). THIS IS A TEXT ONLY ENTRY. NO DOCUMENTS ARE ATTACHED. (mag) (Entered: 01/19/2010)