UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

DANIEL T., JOHN T., and LUCY T.,

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through their next friend DAVID

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ROBINSON, MARY T., HILDA T.,

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NORMA ESTRADA, VERONICA

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MORENO, FRANCISCO RODRIGUEZ, §

and CHRIS V., through his mother and §

next friend IDA V.,

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Plaintiffs,

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v.

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BOARD OF COUNTY

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COMMISSIONERS FOR THE COUNTY §

OF OTERO, NEW MEXICO; OTERO §

COUNTY SHERIFF JOHN BLANSETT, §

in his individual and official capacity;

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OTERO COUNTY SHERIFF DEPUTY §

LEON LEDBETTER, DEPUTY JOHN §

DOES #1-12, and DEPUTY JANE

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DOE #1, in their individual and official §

capacities,

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Defendants.

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COMPLAINT NATURE OF THE ACTION COME NOW PLAINTIFFS, through the undersigned counsel, and respectfully submit this Complaint seeking relief from Defendants' violation of their rights as secured by.the Fourth and Fourteenth Amendments to the United States Constitution and the Constitution and laws of the State of New Mexico. Plaintiffs are Latinos who, on September 10,2007, resided in or near Chaparral, New Mexico. Chaparral is a small and predominantly Latino community in southern New Mexico. Plaintiffs allege that during

an operation executed by the Otero County Sheriffs Department, their constitutional rights were violated when deputies raided their homes without warrants or consent and/or seized and interrogated them without probable cause or reasonable suspicion that they were or had been committing a violation of state law. Plaintiffs further allege that they were targeted by the Otero County Sheriffs deputies based on their race and national ongm. Plaintiffs seek damages and equitable and injunctive relief.
JURISDICTION AND VENUE 1. This Court has jurisdiction over this action and over the parties. Jurisdiction is proper pursuant to 28 U.S.C. §§ 1331 and 1343, 42 U.S.C. § 1983 and common law. Supplemental jurisdiction over the pendant state law claims is proper pursuant to 28 U.S.C. § 1367. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) because the acts complained of occurred in Otero County, New Mexico.
PARTIES Plaintiffs 2. Plaintiff DANIEL T. is sixteen years old. He is Latino and is a citizen of the United States. On September 10,2007, Daniel resided with his family in their home in Chaparral, New Mexico. Pursuant to Federal Rule of Civil Procedure 17(c), Plaintiff Daniel T. brings this action by and through his uncle and next friend, DAVID ROBINSON. David Robinson is willing and able to act as Daniel T.'s next friend and will conduct this litigation at all times in the best interest of Daniel T. Daniel T. is a minor still attending public school and residing in Chaparral, New Mexico, and brings this action under a pseudonym because he fears retaliation.
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3. Plaintiff JOHN T. is sixteen years old. He is Latino and is a citizen of the United States. On September 10,2007, John resided with his family in their home in Chaparral, New Mexico. Pursuant to Federal Rule of Civil Procedure 17(c), Plaintiff John T. brings this action by and through his uncle and next friend, DAVID ROBINSON. David Robinson is willing and able to act as John T.'s next friend and will conduct this litigation at all times in the best interest of John T. John T. is a minor still attending public school and residing in Chaparral, New Mexico, and brings this action under a pseudonym because he fears retaliation. 4. Plaintiff LUCY T. is a Latina and is 14 years old. On September 10, 2007, Lucy resided with her family in their home in Chaparral, New Mexico. Lucy now resides in Mexico. Pursuant to Federal Rule of Civil Procedure 17(c), Plaintiff Lucy T. brings this action by and through her next friend, DAVID ROBINSON. David Robinson is willing and able to act as Lucy T.'s next friend and will conduct this litigation at all times in the best interest of Lucy T. Lucy T. is a minor and brings this action under a pseudonym because she fears that using her real name will divulge the names of her brothers, Daniel T. and John T., and that they will be subjected to retaliation. 5. Plaintiff MARY T. is a Latina and is 18 years old. On September 10,2007, Mary resided with her family in their home in Chaparral, New Mexico. Mary now resides in Mexico. Mary T. brings this action under a pseudonym because she fears that using her real name will divulge the names of her brothers, Daniel T. and John T., and that they will be subjected to retaliation. 6. Plaintiff HILDA T. is a Latina. On September 10,2007, Hilda resided with her family in their home in Chaparral, New Mexico. Hilda now resides in Mexico. Hilda T.
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brings this action under a pseudonym because she fears that using her real name will divulge the names of her sons, Daniel T. and John T., and that they will be subjected to retaliation. 7. Plaintiff NORMA ESTRADA is a citizen of the United States and a Latina. She is married and has three children. Ms. Estrada resides with her family in Chaparral, New Mexico. 8. Plaintiff VERONICA MORENO is a Latina. On September 10, 2007, Ms. Moreno resided in Chaparral, New Mexico with her husband and four children. 9. Plaintiff FRANCISCO RODRIGUEZ is a Latino. On September 10, 2007, Mr. Rodriguez resided in Chaparral, New Mexico with his wife and five children. 10. Plaintiff CHRIS V. is sixteen years old. He is Latino and is a citizen of the United States. Chris resides with his family in Chaparral, New Mexico. Pursuant to Federal Rule of Civil Procedure 17(c), Plaintiff Chris V. brings this action by and through his mother and next friend, IDA V. Ida V. is willing and able to act as Chris V.'s next friend and will conduct this litigation at all times in the best interest of Chris V. Chris V. is a minor still attending public school and residing in Chaparral, New Mexico, and brings this action under a pseudonym because he fears being the subject of retaliation. Defendants 11. Defendant BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF OTERO (the "Board") is a three-person board created and authorized under the laws of the State of New Mexico. By state statute, the powers of Otero County (the "County") as a body politic and corporate are exercised by the Board. The Board is responsible for the policies, customs, and practices of the agencies of the County, including the Otero
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County Sheriffs Department (the "Sheriffs Department") and its employees. The Board and the County assume the risks incidental to the maintenance of a law enforcement agency and the employment of its law enforcement officers. 12. Defendant OTERO COUNTY SHERIFF JOHN BLANSETT is the Sheriff of Otero County, New Mexico, and is responsible for the policies, practices and customs of the Sheriffs Department. Sheriff Blansett is also responsible for the hiring, screening, training, retention, supervision, discipline, counseling and control of Otero County Sheriff Deputies under his command, including the Otero County Sheriffs Deputies named as defendants herein. Defendant Blansett is sued in his individual and official capacities. 13. Defendant OTERO COUNTY SHERIFF DEPUTY LEON LEDBETTER is and/or at all relevant times herein, was an officer, employee and agent of Otero County and the Otero County Sheriffs Department. Defendant Ledbetter is being sued in his individual and official capacities. 14. Upon information and belief, Defendants DEPUTY JOHN DOES #1-12 and DEPUTY JANE DOE #1 are and/or were at all relevant times herein, employees and agents of Otero County and the Otero County Sheriffs Department. Plaintiffs are presently unaware of the true identifies of the Deputy John Does #1-12 and Deputy Jane Doe #1 and therefore sue these defendants by fictitious names. Plaintiffs will amend their complaint to add the true identities of these defendants once they are discovered. Deputy John Does #1-12 and Deputy Jane Doe #1 are sued in their individual and official capacities.
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15. At all relevant times herein, Defendants acted under color of state law and within the course and scope of their duties and functioned as agents, employees and officers of the County and the Sheriffs Department in engaging in the conduct described herein. At all relevant times herein, the Defendants sued in their individual capacities acted for and on behalf of the County and the Sheriffs Department and acted in the pursuit of their duties as officers, employees and agents of the County and the Sheriffs Department. 16. At all relevant times herein, Defendants sued in their individual capacities violated clearly established constitutional standards under the Fourth and Fourteenth Amendments to the United States Constitution of which a reasonable person would have known. 17. At all relevant times herein, Defendants acted with deliberate, reckless and callous indifference to the federally protected rights of Plaintiffs. 18. At all relevant times herein, Defendant Board of County Commissioners of Otero County and Defendant Otero County Sheriff John Blansett acted with deliberate, reckless and callous indifference to the constitutional rights of plaintiffs in their policies, practices and customs, including in their failure to properly train and supervise the Defendants sued in their individual capacity. At all relevant times herein, Defendant officers acted pursuant to the customs and policies of Otero County and the Otero County Sheriffs Department.
ALLEGATIONS OF FACT 19. Otero County is situated in south central New Mexico and encompasses a part of the unincorporated community of Chaparral, New Mexico, a predominantly Latino and Spanish-speaking community.
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20. Unlike the counties in the far southwest portion of New Mexico, Otero County does not abut the international border between the United States and Mexico and instead is bordered only by other New Mexico counties and the State of Texas to its south. 21. In recent years, Otero County and the Otero County Sheriffs Department have been the recipients of substantial funds provided by the United States Department of Homeland Security under a program called "Operation Stonegarden." 22. The federal program does not provide Otero County or the Otero County Sheriffs Department the authority to investigate or enforce civil violations of federal immigration law. Nevertheless, Defendant Board of County Commissioners of Otero County and Defendant Otero County Sheriff John Blansett have authorized, initiated, supported and directed a policy, program and/or custom under which they have engaged in a number of operations meant to identify and detain or arrest Latinos for questioning by federal immigration officials. 23. Pursuant to the policy and custom authorized by Defendant Board of County Commissioners of Otero County, Defendant Otero County Sheriff John Blansett authorized and directed an operation to be conducted in and around Chaparral, New Mexico on September 10, 2007, in an effort to locate, identify and detain and/or arrest Latinos to determine their immigration status. 24. Defendant Otero County Sheriff Deputy Leon Ledbetter led the Chaparral operation which, upon information and belief, included the participation of at least eleven other Otero County Sheriffs Deputies. 25. Beginning in the early morning hours of September 10, 2007, Defendant Otero County Sheriff Deputy Leon Ledbetter and Defendant John Does #1-12 and Defendant
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Jane Doe # 1 executed the Chaparral operation by, among other unlawful actions: conducting warrantless raids on the homes of Latinos in search of undocumented immigrants; stopping Latinos in their vehicles and on the streets of the town, without reasonable suspicion or probable cause and detaining and interrogating them about their immigration status; engaging in the assault and battery of Latinos who questioned the actions taken by defendants; and fabricating violations or suspected violations of state law in order to justify their illegal actions. The "T" Family 26. Plaintiffs Daniel T., John T., Mary T. and Lucy T. are siblings who, until September 10, 2007, lived with their mother, Plaintiff Hilda T., their uncle, George T., and their elderly grandmother in a modest home in Chaparral, New Mexico. 27. Upon information and belief, the T family was targeted by Otero County Sheriffs deputies because of their race or national origin. 28. On September 10,2007, sometime between the hours of 4:30 and 6:00 a.m., the T family members were awakened from their sleep by multiple loud knocks and banging on all four sides of their home. 29. Members of the T family looked outside and saw at least three uniformed and armed Otero County Sheriff Deputies walking around the house and banging on the walls. 30. Plaintiff Hilda T. was laying on her bed when she looked towards the window of her bedroom and noticed a man, dressed in a police uniform, trying to enter the house through her open bedroom window. A Defendant Deputy John Doe was halfway through the window when he abandoned his effort and crawled back outside.
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31. At that time, another Defendant Deputy John Doe began banging on the front door of the family home, calling out, "Delivery! Mia's pizza!" Not understanding what was occurring, the T family did not answer the door. 32. One of the Defendant Deputy John Does again began knocking loudly on the front door and said, "Animal control. Come outside." Again, the terrified members of the T family remained inside the house and did not answer the door. 33. Another few minutes passed when the Defendant Deputy John Does began to bang loudly on the side of the house, and one of the Defendant Deputy John Does finally said, "Otero County Sheriff. Come outside!" 34. Plaintiffs sixteen year-old Daniel T. and his brother, John T., then went to the door and opened it only a couple of inches to speak to Defendant Deputy John Does. 35. Defendant Deputy John Does, armed and in uniform, first told Daniel and John that they had received a complaint that one of the family's dogs had bitten someone. Daniel and John denied that their dogs had bitten anybody. 36. One of the Defendant Deputy John Does then told Daniel and John that the family had a dangerous refrigerator outside. 37. One of the Defendant Deputy John Does then demanded from Daniel and John that they summon their mother so that they could speak with her. At that time a Defendant Deputy John Doe put his foot in the doorway so that the door could not be closed. 38. Plaintiff Hilda T. then came to door to speak to the deputies. Defendant Deputy John Doe told Hilda that the dogs were dangerous and that someone had made a complaint about the dogs. The deputy then asked for the licenses for the dogs and
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immunization records. Hilda went back inside, retrieved the dog licenses and showed them to the deputy. 39. Another Defendant Deputy John Doe, armed and in uniform, demanded identification from Daniel and John. Both boys showed the officers their New Mexico identification cards. 40. One of the Defendant Deputy John Does then asked Hilda for her identification and her social security number. 41. Defendant Deputy John Does then ordered the entire family to come outside into the yard. 42. Defendant Deputy John Does did not let anyone take their coats or shoes, but instead ordered everyone to exit the house immediately. Plaintiff Mary T., who was eight months pregnant, was not allowed to get any shoes and she was forced to walk around outside barefoot. 43. Despite the objections of the members of the T family, the Defendant Deputy John Does ordered Hilda's elderly mother, who was suffering from terminal cancer, to go outside. 44. At that time, Plaintiff Mary T. began to have abdominal pains. She asked one of the Defendant Does to call an ambulance. Despite her requests and her condition, the deputies waited approximately an hour before calling for an ambulance. 45. Approximately five of the Defendant Deputy John Does entered the T family home without consent.
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46. Plaintiff fourteen year-old Lucy T. asked whether the deputies had a warrant. One of the Defendant Deputy John Does replied that they did not need a warrant because of the refrigerator. 47. Once inside the T family home, the Defendant Does began pulling drawers out of dressers and emptying the kitchen cabinets and closets. They also dumped the contents of Hilda's purse onto the bed. 48. At all times, the deputies acted in an aggressive and authoritative manner, making it clear to all members of the T family that they were not free to leave the scene. At all times, the deputies were armed and in uniform. 49. At no time during the seizure, search and detention of Plaintiffs Hilda T., Daniel T., John T., Lucy T., or Mary T., did the Defendant Deputy John Does #1-10 or Jane Doe # 1 have reasonable suspicion or probable cause to believe these plaintiffs were committing or had committed a violation of the law. 50. Defendant Deputy John Does #1-10 and Defendant Jane Doe #1 unlawfully detained all Plaintiffs of the T family for at least three hours, without cause and/or authority, until federal immigration officials could arrive on the scene and take the entire family, except for Daniel and John, into custody. Chris V. 51. Plaintiff Chris V. is Plaintiff Mary T.'s boyfriend, and the father of her unborn child. 52. On September 10, 2007, at approximately 6:00 a.m., Mary T. called Chris and told him about the deputies' actions at her house. Mary further told Chris that she was having abdominal pains.
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53. Chris then drove over to Mary's home to check on her. When he arrived at the T family home, the house was surrounded by Otero County Sheriff's deputies. 54. One of the Defendant Deputy John Does approached Chris, pulled him aside and demanded to see his identification. 55. Chris showed the deputy his New Mexico driver's license. The deputy then told Chris to step back and Chris complied. 56. As Chris was stepping back, another deputy, Defendant Deputy John Doe #1, grabbed his arm and violently swung Chris up against the home, forcing him to hit his head against a wooden board. Norma Estrada 57. On the morning of Monday, September 10, 2007, Plaintiff Norma Estrada was at her home in Chaparral, New Mexico. 58. At approximately 9:30 a.m., two Otero County Sheriffs vehicles drove slowly past Ms. Estrada's home. A short time later, one of the Sheriff's vehicles and an unmarked truck drove up and stopped in front of Ms. Estrada's house. 59. Ms. Estrada's home is completely enclosed by a fence. 60. Upon seeing the vehicles stop in front of her house, Ms. Estrada went to the front of her yard and opened her gate. When Ms. Estrada opened here gate, her dog ran a few feet out of the yard; Ms. Estrada picked up the dog immediately. 61. At that time, Defendant Otero County Sheriff Deputy Leon Ledbetter got out of his vehicle. Defendant Ledbetter was armed and in uniform. Two additional uniformed men got out of the Otero County Sheriffs vehicle and stood nearby with their arms crossed watching Ms. Estrada.
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62. Defendant Ledbetter asked Ms. Estrada, "Is that your dog?" Ms. Estrada replied that it was. 63. Defendant Ledbetter then approached Ms. Estrada and demanded to see Ms. Estrada's identification. 64. Ms. Estrada gave Defendant Ledbetter her driver's license. 65. Defendant Ledbetter had Ms. Estrada stand there and wait while he took her license and went back to his vehicle. 66. Ms. Estrada overheard Ledbetter checking her license on a radio, and heard a voice give her Social Security Number. 67. Defendant Ledbetter then got out of the truck and handed Ms. Estrada her driver's license and a citation. He told Ms. Estrada that he was citing her because her dog had been reported as loose down the street. 68. Ms. Estrada's dog had been home inside the gated area all morning. 69. At no time during her encounter with Defendant Ledbetter was Ms. Estrada free to leave or end the encounter. 70. At no time did Defendant Ledbetter have reasonable suspicion to question Ms. Estrada or probable cause to believe Ms. Estrada had been or was committing a crime. 71. No basis existed to charge Ms. Estrada with any violation ofthe law. Veronica Moreno. 72. On Monday, September 10,2007, Plaintiff Veronica Moreno was in her house in Chaparral, New Mexico, when she saw Otero County Sheriffs Deputies knocking at her next-door neighbor's house.
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73. As the deputies were knocking on her neighbor's door, a friend of Ms. Moreno's husband approached the front of Ms. Moreno's house. 74. One of the deputies followed the friend into Ms. Moreno's yard and stopped him. 75. While deputies were interrogating the friend in the yard, Defendant Otero County Sheriffs Deputy Leon Ledbetter began to knock loudly on Ms. Moreno's front door. 76. Ms. Moreno answered her door and Defendant Ledbetter asked Ms. Moreno if she spoke English. Ms. Moreno replied that she did no!. 77. Defendant Ledbetter then motioned for Ms. Moreno to step outside. Defendant Ledbetter was armed and Ms. Moreno noticed the other deputies in front of her house. Ms. Moreno thus followed Defendant Ledbetter into the front yard. 78. Defendant Ledbetter then demanded to see Ms. Moreno's identification. 79. Defendant Ledbetter then asked Ms. Moreno if she had documents proving that she had legal immigration status. Ms. Moreno replied that she did not have any documents. 80. Deputy Ledbetter then informed Ms. Moreno that she was going to be deported and placed her in a patrol car. Defendant Ledbetter then drove her to another residential location in Chaparral, New Mexico. 81. At this residential location, Defendant Ledbetter handed Ms. Moreno over to the custody of an unknown Immigration and Customs Enforcement (ICE) agent who was already present. 82. At no time during the encounter with the Defendant Ledbetter was Ms. Moreno free to leave and at no time did Defendant Ledbetter have reasonable SuspICIOn or probable cause to detain, arrest or interrogate Ms. Moreno.
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83. Defendant Ledbetter seized and interrogated Ms. Moreno solely because she was Latina and for the purpose of investigating her immigration status. Francisco Rodriguez 84. At approximately 10:30 a.m. on the morning of September 10, 2007, Plaintiff Francisco Rodriguez left his place of work and returned home to pick up his wife so they could go together to pick up their young daughter from elementary school. 85. When Mr. Rodriguez arrived at his home, he saw two Otero County Sheriff cars parked at the house next door. Defendant Deputy John Doe #11 was at the front door of Mr. Rodriguez's house and Defendant Deputy John Doe # 12 was behind the house. 86. Defendant Deputy John Doe #11 then, without reasonable suspicion or probable cause to believe Mr. Rodriguez was committing or had committed any crime, ordered Mr. Rodriguez to get out of his car. Mr. Rodriguez complied and got out of his car. 87. Defendant Deputy John Doe #11 then demanded Mr. Rodriguez produce identification and documentation of his immigration status. Mr. Rodriguez replied that he had none. 88. At that time, Mr. Rodriguez's wife came out of their house to see what was happening with the Sheriffs deputies. Defendant Deputy John Doe #11 then approached Mr. Rodriguez's wife, seized her and ordered her to produce identification and proof of her immigration status. 89. Defendant Deputy John Does # 11 and #12 then entered the Rodriguez's home without consent. Mr. Rodriguez saw through the windows of the home that the deputies checked under the bed in the children's room and also searched the kitchen.
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90. One of the Defendant Deputy John Does then asked the couple if they had any children, and the couple replied that they had five children who were at school. 91. One of the Defendant Deputy John Does ordered Mr. Rodriguez into the back of his police car. The Defendant Deputy John Doe then drove Mr. Rodriguez to each of the schools that their children were attending, which included an elementary school, a middle school, and a high school. 92. At each school, the Defendant Deputy John Doe accompanied Mr. Rodriguez into the administration office. While inside the school office, Mr. Rodriguez remained silent and handcuffed and Defendant Deputy John Doe asked for the children to be released. 93. When Defendant Deputy John Doe took Mr. Rodriguez and the children horne, agents of the U.S. Border Patrol were waiting, along with more Otero County Sheriff deputies and their vehicles. 94. Mr. Rodriguez and his wife were then taken into custody by the Border Patrol and forced to leave their five children behind at horne with a neighbor. 95. Defendants' actions against Plaintiffs were intentional, and performed with callous, deliberate and reckless disregard for Plaintiffs' rights under both the laws and Constitution of the United States and the laws and Constitution of the state of New Mexico. 96. Defendants' acts proximately caused Plaintiffs' damages and injuries, including but not limited to pain and suffering and severe emotional distress.
COUNT I
FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION (AGAINST ALL DEFENDANTS)
97. Plaintiffs incorporate by reference all preceding allegations as if fully set forth
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herein. 98. Defendants violated the Fourth Amendment rights of Plaintiffs Daniel T., John T., Lucy T., Mary T., Hilda T., Norma Estrada, Veronica Moreno, and Francisco Rodriguez, by seizing, detaining and interrogating them without reasonable suspicion or probable cause to believe that they had been or were engaged in criminal activity. 99. Defendants violated the Fourth Amendment rights of Plaintiffs Daniel T., John T., Lucy T., Mary T., Hilda T., and Francisco Rodriguez by searching their homes without consent, reasonable suspicion or probable cause to believe that they had committed any crime, and in the absence of exigent circumstances.
COUNT II EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT TO THE
UNITED STATES CONSTITUTION (AGAINST ALL DEFENDANTS)
100. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 101. By targeting Plaintiffs Daniel T., John T., Lucy T., Mary T., Hilda T., Norma Estrada, Veronica Moreno, and Francisco Rodriguez because of their race and/or national origin, Defendants deprived Plaintiffs of their right to equal protection of the laws as guaranteed by the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. 102. Defendants' actions against Plaintiffs were taken with racially discriminatory intent and effect. Defendants' actions constitute race and national origin discrimination in violation of the Equal Protection Clause of the Constitution of the United States.
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COUNT III DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT TO THE
UNITED STATES CONSTITUTION: FALSE IMPRISONMENT (AGAINST ALL DEFENDANTS)
103. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 104. Defendants acted with deliberate, callous and reckless intent to falsely imprison Plaintiffs Veronica Moreno, Francisco Rodriguez, Mary T. Lucy T., Hilda T. David T. and John T. without due process of law.
COUNT IV DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT TO THE
UNITED STATES CONSTITUTION: SUBSTANTIVE DUE PROCESS (AGAINST ALL DEFENDANTS)
105. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 106. Defendants acted arbitrarily and without rational basis, in a manner intended to injure plaintiffs in an unjustifiable manner and deprive plaintiffs of their right to liberty as secured by the Constitution. The conduct of Defendants shocked the conscience.
COUNT V CONSPIRACY TO VIOLATE CIVIL RIGHTS - 42 U.S.C. § 1985
(AGAINST ALL DEFENDANTS) 107. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 108. Defendants Deputy John Does and Defendant Ledbetter conspired to violate Plaintiffs' Daniel T., John T., Lucy T., Mary T., Hilda T., Norma Estrada, Veronica
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Moreno, and Francisco Rodriguez's rights secured by the U.S. Constitution, including, but not limited to, their rights to due process and equal protection. 109. Defendants acted intentionally and/or with reckless, deliberate and callous indifference to Plaintiffs' rights. 110. Defendants' acts and omissions were the direct and proximate cause of harm to Plaintiffs.
COUNT VI ARTICLE II, SECTION 10 OF THE CONSTITUTION
OF THE STATE OF NEW MEXICO (AGAINST ALL DEFENDANTS:
NEW MEXICO DECLARATORY JUDGMENT ACT) 111. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 112. Defendants violated Plaintiffs Daniel T., John T., Lucy T., Mary T., Hilda T., Norma Estrada, Veronica Moreno, and Francisco Rodriguez's rights secured under Article II, Section 10 of the Constitution of the State of New Mexico by seizing, detaining and interrogating them without reasonable suspicion or probable cause to believe that they had been or were engaged in committing a crime. 113. Defendants violated Plaintiffs Daniel T., John T., Lucy T., Mary T., Hilda T., and Francisco Rodriguez rights secured under Article II, Section 10 of the Constitution of the State of New Mexico by searching their home without consent, reasonable suspicion or probable cause to believe that they had committed any crime, and in the absence of exigent circumstances.
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COUNT VII ARTICLE II, SECTION 18 OF THE CONSTITUTION OF THE STATE OF NEW MEXICO
EQUAL PROTECTION (AGAINST ALL DEFENDANTS: NEW MEXICO DECLARATORY JUDGMENT ACT)
114. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 115. By targeting Plaintiffs Daniel T., John T., Lucy T., Mary T., Hilda T., Norma Estrada, Veronica Moreno, and Francisco Rodriguez because of their race and/or national origin, Defendants deprived Plaintiffs of their rights protected by the Equal Protection Clause of Article II, § 18 of the New Mexico Constitution 116. Defendants' actions against Plaintiffs were taken with racially discriminatory intent and effect. Defendants' actions constitute race and national origin discrimination in violation of the Equal Protection Clause of Article II, § 18 of the New Mexico Constitution.
COUNT VIII ARTICLE II, SECTION 18 OF THE CONSTITUTION OF THE STATE OF NEW MEXICO: DUE PROCESS
(AGAINST ALL DEFENDANTS: NEW MEXICO DECLARATORY JUDGMENT ACT) 117. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 118. Defendants' actions toward Plaintiffs were outrageous, offend notions of fundamental fairness, and violate principles of fair and honorable administration of justice.
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119. Defendants' actions violated Plaintiffs' rights and liberty interests in violation of the substantive components of the Due Process Clause of the New Mexico Constitution. 120. Defendants deprived Plaintiffs of their right to substantive due process when they acted arbitrarily and without rational basis, in a manner intended to injure plaintiffs in an unjustifiable manner and deprive plaintiffs of their rights secured by the New Mexico Constitution. The conduct of Defendants shocked the conscience.
COUNT IX
N.M. TORT CLAIMS ACT FALSE ARREST AND FALSE IMPRISONMENT
(AGAINST ALL DEFENDANTS) 121. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 122. Defendants unlawfully and falsely arrested Plaintiffs Veronica Moreno, Francisco Rodriguez, Mary T. Lucy T., Hilda T. David T. and John T., and falsely imprisoned them by interfering with their personal liberty and freedom of locomotion in violation of the New Mexico Tort Claims Act, N.M.S.A. 1978 § 41-4-1, et seq. 123. The actions of Defendants were not justified or privileged under state law.
COUNT X
N.M. TORT CLAIMS ACT BATTERY
(AGAINST DEFENDANT DEPUTY JOHN DOE #1) 124. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 125. Defendant Deputy John Doe #1 intentionally assaulted and battered Plaintiff Chris V.
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126. Defendant Deputy John Does' wrongful acts proximately caused Plaintiff Chris V.'s damages and injuries, including pain and suffering, and emotional distress.
COUNT XI N.M. TORT CLAIMS ACT MALICIOUS PROSECUTION AND
ABUSE OF PROCESS (AGAINST DEFENDANT LEDBETTER) 127. Plaintiffs incorporate by reference all preceding allegations as if fully set forth herein. 128. Defendant Ledbetter intentionally initiated a criminal charge against Plaintiff Norma Estrada, and abused the judicial process, with an improper purpose and without any reasonable belief whatsoever in the validity of the allegations of fact or law supporting that prosecution. 129. Defendant Ledbetter knew or should have known that he had no grounds to issue and prosecute the citation; he knew or should have known that no crime had been committed; and knew or should have known that no probable cause existed to believe that Ms. Estrada had committed a crime. 130. Plaintiff suffered damages as a direct and proximate result of the malicious prosecution and abuse of process.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray this Court provide the following relief: A. Declare that Defendants violated Plaintiffs' rights secured by the Fourth and Fourteenth Amendments to the United States Constitution as alleged herein;
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B. Declare that Defendants' violated Plaintiffs' rights secured by Article II, Sections 10 and 18 of the Constitution of the State of New Mexico as alleged herein; C. Issue an order requiring Defendants to institute appropriate policies, practices, training and other measures to remedy their policies, practices andlor customs and ensure that the constitutional violations described herein do not continue to occur; D. Issue an order enjoining Defendants from detaining or arresting Latinos for the purpose of determining their immigration status or facilitating questioning by federal immigration officials; conducting warrantless raids on the homes of Latinos in search of undocumented immigrants; and stopping Latinos on the streets of the town, without reasonable suspicion or probable cause and detaining and interrogating them about their immigration status. E. Award Plaintiffs actual, compensatory and punitive damages, in an amount to be determined at trial, against Defendants; F. Award Plaintiffs reasonable costs and attorneys fees incurred in bringing this action; G. Award Plaintiffs pre-judgment and post-judgment interest as allowed by law; and H. Award such other and further relief as the Court may deem appropriate, including injunctive and declaratory relief as may be required in the interests ofjustice.
)
DATED: October 17,2007
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ACLU of New Mexico P.O. Box 566 Albuquerque, NM 87103-0566 (505) 243-0046 Facsimile (505) 266-5916 Nina Perales (seeking admission Pro Hac Vice) David Herrera Urias Marisol Perez (seeking admission Pro Hac Vice)
MEXICAN AMERICAN LEGAL DEFENSE AND EDUCA TlONAL FUND,INC.
110 Broadway, Suite 300 San Antonio, Texas 78205 (210) 224-5476 Facsimile (210) 224-5382 Lisa Graybill Staff Attorney, ACLU-TX (seeking admission Pro Hac Vice) P.O. Box 12905 Austin, TX 78711-2905 (512) 478-7300 Facsimile (512) 478-7303
I
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

DANIEL T., JOHN T., and LUCY T.,

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through their next friend DAVID

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ROBINSON, MARY T., HILDA T.,

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NORMA ESTRADA, VERONICA

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MORENO, FRANCISCO RODRIGUEZ,

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on behalf of himself and his children,

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JUAN C., ALMA C., GEORGE C., JESSE

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C., and ROBERTO C., and CHRIS V.,

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through his mother and next friend IDA V., §

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Plaintiffs,

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§

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vs.

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BOARD OF COUNTY

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COMMISSIONERS FOR THE COUNTY

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OF OTERO, NEW MEXICO; OTERO

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COUNTY SHERIFF JOHN BLANSETT,

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in his individual and official capacity;

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OTERO COUNTY SHERIFF'S DEPUTIES §

LEON LEDBETTER, ROB HANSEN,

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LEWIS REEVES, CLARK KINZLER,

§

GERALDINE MARTINEZ, and DEPUTY

§

JOHN DOES #1-7, in their individual and

§

official capacities.

§

§

Defendants.

No. CV 07-1044 WPL/LCS

JOINT MOTION TO APPROVE RESOLUTION AND, THEREAFTER TO DISMISS PLAINTIFFS’ COMPLAINT WITH PREJUDICE

Plaintiffs and Defendants, by and through their respective undersigned counsel

respectfully move this Court to approve the resolution of this matter and, conditioned upon such

approval, to thereafter dismiss with prejudice Plaintiffs’ Complaint, including all claims that

were or could have been brought by Plaintiffs in this matter. As grounds for this Motion, the

parties state as follows:

1. A dispute arose between the Plaintiffs and the Defendants as a result of events that took place on or about September 10, 2007 in Chaparral, New Mexico. The dispute resulted in this lawsuit.
2. The Plaintiffs and the Defendants have reached a proposed resolution of the controversy and dispute in this lawsuit with no admission of liability by any party.
3. Because the claims made and the proposed settlement reached involve, in part, claims being made on behalf of minors, judicial approval of the proposed settlement as it pertains to the minors is required.
4. The Plaintiffs and the Defendants request that the Court allow them to present the proposed resolution of this case by way of a hearing at which a record of the resolution will be made and the terms of the resolution will be submitted for the Court's consideration and approval. Because this matter involves minors, the parties additionally request that the Court order that the hearing be closed to all persons except the parties and their counsel.
5. Assuming the Court approves the parties’ agreed upon resolution, and following the stipulated dismissal of the individual Defendants by the Plaintiffs, the remaining parties; i.e. the Plaintiffs and the Board of County Commissioners for the County of Otero, request that the Court then dismiss the Plaintiffs’ Complaint with prejudice.
WHEREFORE, the parties respectfully request that the Court set a hearing to consider approval of a settlement, and after hearing the terms, approve the settlement, and thereafter, dismiss the Complaint; and for such other and further relief as the Court deems just and proper.
2

Respectfully submitted by:
Approved Via Email April 14, 2008 George Bach ACLU of New Mexico Attorneys for Plaintiffs P.O. Box 566 Albuquerque, New Mexico 87103
and
David Herrera Urias Mexican American Legal Defense And Education Fund, Inc. Attorneys for Plaintiffs 110 Broadway, Ste 300 San Antonio, Texas 78205
Joleen K. Youngers Almanzar & Youngers, P.A. P.O. Box 7256 Las Cruces, NM 88006-7256
Lisa Graybill Staff Attorney, ACLU-TX P.O. Box 12905 Austin, TX 78711-2905

Electronically Filed April 14, 2008 William D. Slease Slease & Martinez, P.A. Attorneys for Defendants P.O. Box 1805 Albuquerque, NM 87103

3

 
 MALDEF - Press Releases

Page 1 of 2

Press Releases
« VIEW ALL PRESS RELEASES »
Families Sue Otero County Sheriffs Over Illegal Immigration Raids Civil rights groups say sheriffs 'broke trust' with community
October 17, 2007
Read Legal Complaint
LAS CRUCES, NM—Civil rights groups sued the Otero County Sheriff’s Department today for civil rights violations committed during immigration sweeps last September in the southern New Mexico town of Chaparral. On behalf of five Latino families, the Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union (ACLU) of New Mexico charged sheriff’s deputies with raiding homes without search warrants, interrogating families without evidence of criminal activity, and targeting households on the basis of race and ethnicity. The groups seek monetary damages and guarantees that the sheriff’s department will refrain from such raids in the future.
“Otero County Sheriffs broke a basic bond of trust with the community of Chaparral,” said ACLU Executive Director Peter Simonson. “When the police treat you like a criminal because of the language you speak and the color of your skin, they cease being a source of help when you are a victim of or witness to a crime. We need to restore policing to its proper mission in Chaparral so citizens and immigrants alike can trust that someone is watching out for their safety.”
Legal papers filed by the two groups describe an incident in which sheriff’s deputies ousted a family from its home by banging loudly on the home’s walls in the pre-dawn hours of September 10, 2007. Without a warrant, one sheriff’s deputy attempted to enter through an open bedroom window where the mother had been asleep, while another shouted from the front door, “Delivery! Mia’s Pizza.”
Five of the family members are named plaintiffs in the lawsuit, two of whom are U.S citizens.
MALDEF Staff Attorney David Urias said, 'The enforcement of immigration laws is strictly a responsibility of the federal government. Sheriff’s deputies are not immigration officers and do not have the authority or the training to investigate or arrest people because they suspect them of being undocumented. In Otero County, Sheriff’s deputies are taking federal law into their own hands and violating the rights of Latinos, including citizens and legal permanent residents. These raids are simply illegal and un-American.'
# # #
For more information contact: Whitney Potter ACLU: (505) 507-9898 Laura Rodriguez MALDEF: (310) 956-2425

http://www.maldef.org/news/press.cfm?ID=437&FromIndex=yes

10/22/2007

MALDEF - Press Releases
« VIEW ALL PRESS RELEASES »

Page 2 of 2

http://www.maldef.org/news/press.cfm?ID=437&FromIndex=yes

10/22/2007

 
 U.S. District Court District of New Mexico − Version 3.2.2 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:07−cv−01044−WPL−LCS

CLOSED

Robinson, et al v. Board of County Commissioners, et al Assigned to: Magistrate Judge William P Lynch Referred to: Magistrate Judge Leslie C. Smith Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 10/16/2007 Date Terminated: 05/28/2008 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

David Robinson TERMINATED: 04/27/2008 next friend Daniel T. TERMINATED: 04/27/2008 next friend John T. TERMINATED: 04/27/2008 next friend Lucy T. TERMINATED: 04/27/2008

represented by David H Urias Freedman Boyd Hollander Goldberg &Ives PA 20 First Plaza, NW Suite 700 Albuquerque , NM 87108 505−842−9960 Fax: 505− 842−0761 Email: dhu@fbdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L Bach , Jr. ACLU of New Mexico P.O. Box 566 Albuquerque , NM 87103−0566 5052430046 Fax: 5052665916 Email: gbach@aclu−nm.org LEAD ATTORNEY

Joleen K. Youngers PO Box 7256 Las Cruces , NM 88006 575−541−8000 Fax: 575−541−9000 Email: jyoungers@zianet.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Shawn Graybill ACLU Foundation of Texas PO Box 12905 1210 Rosewood Avenue Austin , TX 78711−2905 (512) 478−7300 Fax: (512) 478−7303 Email: lgraybill@aclutx.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marisol L Perez MALDEF 110 Broadway Suite San Antonio , TX 78205 (210) 224−5476 Fax: (210) 224−5382 Email: mperez@maldef.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Mary T
Plaintiff Hilda T

Nina Perales MALDEF 110 Broadway Suite 300 San Antonio , TX 78205 (210) 224−5476 Fax: (210) 224−5382 Email: nperales@maldef.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David H Urias (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L Bach , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joleen K. Youngers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Shawn Graybill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David H Urias (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L Bach , Jr. (See above for address) LEAD ATTORNEY
Joleen K. Youngers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Shawn Graybill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marisol L Perez (See above for address)

Plaintiff Veronica Moreno
Plaintiff Norma Estrada

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David H Urias (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L Bach , Jr. (See above for address) LEAD ATTORNEY
Joleen K. Youngers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Shawn Graybill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David H Urias (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L Bach , Jr. (See above for address) LEAD ATTORNEY
Joleen K. Youngers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Shawn Graybill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales

Plaintiff Francisco Rodriguez next friend Juan C. next friend Alma C. next friend George C. next friend Jesse C. next friend Roberto C.
Plaintiff Ida V. next friend Chris V.

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David H Urias (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L Bach , Jr. (See above for address) LEAD ATTORNEY
Joleen K. Youngers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Shawn Graybill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David H Urias (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L Bach , Jr. (See above for address) LEAD ATTORNEY
Joleen K. Youngers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Shawn Graybill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Board of County Commissioners for the County of Otero, New Mexico
Defendant John Blansett
Defendant Leon Ledbetter Otero County Sheriffs, in their inidividual and official capacities
Defendant John Does Deputy, #1−12 TERMINATED: 04/03/2008 Defendant Jane Doe Deputy, #1, in their individual and official capacities TERMINATED: 04/03/2008 Defendant Rob Hansen Defendant Lewis Reeves Defendant Clark Kinzler Defendant Geraldine Martinez Defendant John Does # 1−7

represented by William D. Slease Slease &Martinez, P.A. P.O. Box 1805 Albuquerque , NM 87103−1805 505−247−9488 Fax: 505−247−9566 Email: bill@sleaseandmartinez.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William D. Slease (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William D. Slease (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/17/2007

#

Docket Text

1 COMPLAINT against all defendants ( Filing Fee − Online Payment), filed by Hilda T, Veronica Moreno, Norma Estrada, Francisco Rodriguez, Chris V, IDA V, Daniel T, John T, Lucy T,

10/17/2007
10/17/2007 10/17/2007 10/17/2007 10/31/2007 10/31/2007 11/13/2007 11/13/2007 11/13/2007 11/13/2007 11/13/2007 11/28/2007
11/28/2007 11/29/2007

David Robinson, Mary T. (Attachments: # 1 Civil Cover Sheet)(Bach, George) (Entered: 10/17/2007)
Filing Fee Received: $ 350 receipt number 330977 re 1 Complaint, filed by John T, Chris V, Daniel T, IDA V, Mary T, Francisco Rodriguez, Lucy T, Hilda T, Norma Estrada, David Robinson, Veronica Moreno (Payment made via Pay.gov)(Bach, George) (Entered: 10/17/2007)
2 DEMAND for Trial by Jury by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Chris V, IDA V, Daniel T, John T, Lucy T, David Robinson, Mary T, Hilda T (Bach, George) (Entered: 10/17/2007)
Judge William P. Johnson and William P Lynch assigned. (nm) (Entered: 10/17/2007)
Summons Issued as to Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter. (nm) (Entered: 10/17/2007)
3 MOTION for Pro Hac Vice of Nina Perales by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T, Hilda T. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 10/31/2007)
4 MOTION for Pro Hac Vice of Marisol L. Perez by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T, Hilda T. (Attachments: # 1)(Perez, Marisol) (Entered: 10/31/2007)
5 ACKNOWLEDGEMENT OF SERVICE Executed Effective November 10, 2007 Acknowledgement filed by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter. (Slease, William) (Entered: 11/13/2007)
6 NOTICE of Appearance by William D. Slease on behalf of Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter (Slease, William) (Entered: 11/13/2007)
7 FILED IN ERROR−ORDER by Judge William P Lynch granting 3 ORDER on Motion for Pro Hac Vice Attorney Marisol L Perez for representing Plaintiffs in this matter (ctg) Modified on to add error text 11/14/2007 (ctg) (Entered: 11/14/2007)
8 ORDER by Judge William P Lynch granting 4 ORDER on Motion for Pro Hac Vice Attorney Marisol L Perez for Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T &Hilda T(ctg) (Entered: 11/14/2007)
9 ORDER by Judge William P Lynch granting re 3 MOTION for Pro Hac Vice of Nina Perales filed by Ida V., Francisco Rodriguez, Norma Estrada, Hilda T, David Robinson, Veronica Moreno &Mary T (ctg) (Entered: 11/14/2007)
10 Defendants' ANSWER to Complaint by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter. Related document: 1 Complaint, filed by Ida V., Francisco Rodriguez, Norma Estrada, Hilda T, David Robinson, Veronica Moreno, Mary T.(Slease, William) (Entered: 11/28/2007)
11 DEMAND for Trial by Jury by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter (Slease, William) (Entered: 11/28/2007)
12 ORDER by Judge William P. Lynch: Telephonic Initial Scheduling Conference set for 1/17/2008 at 09:00 AM before Magistrate Judge

12/12/2007 12/20/2007 12/20/2007 12/21/2007
12/21/2007 12/21/2007 01/07/2008 01/07/2008 01/11/2008
01/17/2008 01/17/2008 01/17/2008 01/22/2008
01/22/2008

William P. Lynch. (age) (Entered: 11/29/2007)
13 NOTICE of Appearance by Joleen K. Youngers on behalf of all plaintiffs (Youngers, Joleen) (Entered: 12/12/2007)
14 MOTION to Consolidate Cases by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter. (Slease, William) (Entered: 12/20/2007)
15 MOTION to Consolidate Cases (Memorandum in Support of) by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter. (Slease, William) (Entered: 12/20/2007)
16 Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Consolidate Cases (Memorandum in Support of), 14 MOTION to Consolidate Cases by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T, Hilda T. (Bach, George) (Entered: 12/21/2007)
17 ORDER by Judge William P. Johnson granting 16 Unopposed Motion for Extension of Time to File Response. Response due by 1/11/2008. THIS IS A TEXT ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.(mag) (Entered: 12/21/2007)
18 CERTIFICATE OF SERVICE by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T, Hilda T of Initial Disclosures (Bach, George) (Entered: 12/21/2007)
19 CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter, John Does, Jane Doe Defendants' Initial Rule 26 Disclosures (Slease, William) (Entered: 01/07/2008)
20 Joint Status Report and Provisional Discovery Plan by David Robinson (Bach, George) (Entered: 01/07/2008)
21 RESPONSE in Opposition re 15 MOTION to Consolidate Cases (Memorandum in Support of), 14 MOTION to Consolidate Cases filed by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T, Hilda T. (Bach, George) (Entered: 01/11/2008)
22 Clerk's Minutes for proceedings held before Judge William P. Lynch : Scheduling Conference held on 1/17/2008. (age) (Entered: 01/17/2008)
23 ORDER SETTING PRETRIAL DEADLINES AND ADOPTING JOINT STATUS REPORT by Judge William P. Lynch (age) (Entered: 01/17/2008)
24 ORDER by Judge William P. Lynch: Settlement Conference set for 4/3/2008 at 09:00 AM before Magistrate Judge William P. Lynch. (age) (Entered: 01/17/2008)
25 Defendants' REPLY in Support of re 15 MOTION to Consolidate Cases (Memorandum in Support of), 21 Response in Opposition to Motion filed by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter. (Slease, William) (Entered: 01/22/2008)
26 NOTICE of Briefing Complete by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter re 15 MOTION to Consolidate Cases (Memorandum in Support of) filed by Leon Ledbetter, Board of County Commissioners for the County of Otero, New Mexico, John Blansett, 14 MOTION to Consolidate Cases filed by Leon Ledbetter, Board of County Commissioners for the County of Otero,

01/29/2008
02/21/2008
02/21/2008 02/21/2008 03/03/2008 03/04/2008 03/10/2008 03/10/2008 03/12/2008 03/13/2008
03/20/2008 04/01/2008

New Mexico, John Blansett (Slease, William) (Entered: 01/22/2008)
27 CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter regarding Defendant Otero County's First Set of Interrogatories and First Request for Production of Documents to Plaintiffs Francisco Rodriguez, Hilda T., Mary T., Norma Estrada, Veronica Moreno, Ida V., Ida V., as Next Friend of Chris V., a Minor, David Robinson, David Robinson, as Next Friend of Daniel T., John T., and Lucy T., Minors (Slease, William) (Entered: 01/29/2008)
28 CERTIFICATE OF SERVICE by Ida V. re: Plaintiffs First Set of Interrogatories to Defendant Otero County Sheriffs Deputy Rob Hansen, Plaintiffs First Set of Interrogatories to Defendant Otero County Sheriffs Deputy Leon Ledbetter, Plaintiffs First Request for Production of Documents to Defendant Board of County Commissioners for the County of Otero, and Plaintiffs First Request for Production of Documents to Defendant Otero County Sheriff John Blansett (Bach, George) (Entered: 02/21/2008)
29 CERTIFICATE by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T, Hilda T of Service of Third Party subpoena for documents on US Customs &Border Protection (Perez, Marisol) Modified on 2/27/2008 to correct text (pmr). (Entered: 02/21/2008)
30 CERTIFICATE by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T, Hilda T of Service of Third Party subpoena for documents on NM Homeland (Perez, Marisol) Modified on 2/27/2008 to correct text (pmr). (Entered: 02/21/2008)
31 Unopposed MOTION for Order Stipulated Protective Order by David Robinson. (Bach, George) (Entered: 03/03/2008)
32 STIPULATED PROTECTIVE ORDER by Judge William P Lynch 31 Unopposed MOTION for Order Stipulated Protective Order filed by David Robinson (ctg) (Entered: 03/04/2008)
33 ORDER by Judge William P. Lynch: Telephonic Status Conference set for 3/11/2008 at 01:30 PM before Magistrate Judge William P. Lynch. (age) (Entered: 03/10/2008)
34 CERTIFICATE OF SERVICE by Norma Estrada Certificate of Service for Plaintiffs' Answers to Defendants Interrogatories and Requests for Production (Bach, George) (Entered: 03/10/2008)
35 Clerk's Minutes for proceedings held before Judge William P Lynch : Status Conference held on 3/11/2008. (age) (Entered: 03/12/2008)
36 CERTIFICATE OF SERVICE by Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter regarding Defendant Robert Hansen's Answers to Plaintiffs' First Set of Interrogatories to Otero County Sheriff's Deputy Rob Hansen; Defendant Leon Ledbetter's Answers to Plaintiffs' First Set of Interrogatories, Defendant County's Responses to Plaintiffs' First Request for Production of Documents; and Sheriff John Blansett's Responses to Plaintiffs' First Request for Production of Documents (Slease, William) (Entered: 03/13/2008)
37 ORDER by Judge William P. Johnson denying 14 Motion to Consolidate Cases. (mag) (Entered: 03/20/2008)
38 Unopposed MOTION for Leave to File First Amended Complaint by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T, Hilda T. (Attachments: # 1 Proposed Order)(Urias, David) (Entered: 04/01/2008)

04/02/2008 04/02/2008 04/03/2008 04/04/2008 04/10/2008 04/10/2008 04/14/2008
04/18/2008 04/29/2008 05/22/2008
05/22/2008
05/27/2008

39 ORDER by Judge William P. Johnson granting 38 Motion for Leave to File Amended Complaint. THIS IS A TEXT ONLY ENTRY. NO DOCUMENTS ARE ATTACHED. (mag) (Entered: 04/02/2008)
40 AMENDED COMPLAINT against all defendants., filed by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Ida V., David Robinson, Mary T, Hilda T.(Urias, David) (Entered: 04/02/2008)
41 NOTICE of Hearing: Pretrial Conference set for 11/24/2008 09:00 AM − 640 Judge William P. Johnson Chambers; Call of the Calendar set for 12/2/2008 03:00 PM − 540 Bonito Courtroom; Jury Trial set for 12/8/2008 09:00 AM − 540 Bonito Courtroom; (mag) (Entered: 04/03/2008)
42 Clerk's Minutes for proceedings held before Judge William P Lynch : Settlement Conference held on 4/3/2008. (age) (Entered: 04/04/2008)
43 ORDER of reference referring case to Magistrate Judge William P. Lynch by Judge William P. Johnson (vv) (Entered: 04/10/2008)
Judge Leslie C. Smith assigned. (eh) (Entered: 04/10/2008)
44 Joint MOTION to Approve Settlement and, thereafter to Dismiss Plaintiffs' Complaint With Prejudice by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Rob Hansen, Lewis Reeves, Clark Kinzler, Ida V., Geraldine Martinez, Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter, David Robinson, Mary T, Hilda T. (Slease, William) (Entered: 04/14/2008)
45 ORDER by Judge William P. Lynch: Telephonic Fairness Hearing set for 4/29/2008 at 09:00 AM before Magistrate Judge William P. Lynch. (age) (Entered: 04/18/2008)
49 Clerk's Minutes for proceedings held before Judge William P Lynch : Fairness Hearing held on 4/29/2008. (age) (Entered: 04/29/2008)
52 FILED IN ERROR − STIPULATION of Dismissal with Prejudice of John Blansett, Leon Ledbetter, Rob Hansen, Lewis Reeves, Clark Kinzler and Geraldine Martinez by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Rob Hansen, Lewis Reeves, Clark Kinzler, Ida V., Geraldine Martinez, Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter, Mary T, Hilda T (Slease, William) Modified on 5/22/2008 (jm). (Entered: 05/22/2008)
53 STIPULATION of Dismissal with Prejudice of John Blansett, Leon Ledbetter, Rob Hansen, Lewis Reeves, Clark Kinzler and Geraldine Martinez by Veronica Moreno, Norma Estrada, Francisco Rodriguez, Rob Hansen, Lewis Reeves, Clark Kinzler, Ida V., Geraldine Martinez, John Does, Board of County Commissioners for the County of Otero, New Mexico, John Blansett, Leon Ledbetter, Mary T, Hilda T (Slease, William) (Entered: 05/22/2008)
54 ORDER by Magistrate Judge William P. Lynch Approving Resolution and Dismissing Plaintiffs' Complaint with Prejudice and granting 44 Motion to Approve Settlement. (age) (Entered: 05/27/2008)