Summary of New Mexico Civil Rights Act

Summary of New Mexico Civil Rights Act

Civil Rights Act is Game Changer for Inmate Medical Malpractice Claims The medical malpractice lawsuits filed by Collins & Collins, P.C. against New Mexico Corrections Department (NMCD) and its medical contractors involve extreme medical neglect, intentional cruelty, absolute callousness toward the illnesses of inmates, and deliberate indiffer [...]

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Emancipated Minors Can Receive Child Support

The New Mexico Supreme Court recently issued its opinion in Diamond v. Diamond in which it ruled that a minor child may be emancipated from his or her parents and, yet, the parents may still be obligated to pay child support for the emancipated child. The Diamond decision was a reversal of the New Mexico Court of Appeals‘ previous ruling that [...]

Venue for New Mexico Civil Rights Act Lawsuits: Home Court Advantage for Counties is Over

One of the biggest challenges in claims against counties under the Tort Claims Act has always been the venue requirements. The venue requirements have forced plaintiffs in personal injury and wrongful death claims against counties to file their lawsuits in the county itself. This has too often resulted in home-town justice. Fortunately, this oft [...]

Negligent to Sell Gasoline to Drunk Drivers in New Mexico

Question: Does a gas station have a duty of care to third parties to refrain from selling gas to obviously intoxicated drivers? Answer: In New Mexico, they now do under the recent New Mexico Supreme Court case of Morris v. Giant Four Corners, Inc. Facts of Case Basically, two intoxicated patrons entered a Tribal gas station. They arrived at th [...]

Centurion Presence Coincidental In New Mexico Prison and Jail Deaths?

A report from the Albuquerque Journal indicates that nine inmates died while in the custody of the Bernalillo County Metropolitan Detention Center (MDC) during the prior August 2020 to January 2021. At least 72 inmates died in the custody of NMCD from June 2016 to November 2019. What is the common denominator in all these deaths? Centurion Corre [...]

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Update: New Mexico Corrections Department Retaliates for Medical Grievance System Lawsuit

Since filing the PETITION FOR DECLARATORY RELIEF AND TEMPORARY RESTARINING ORDER (PETITION)challenging the constitutionality of the New Mexico Corrections Department (NMCD) grievance system on May 20, 2021, NMCD has responded as has come to be expected. NMCD has retaliated against the inmates named as Plaintiffs in the suit. Unwarranted Transfers [...]

New Mexico Corrections Department Medical Grievance System Corrupt and Unconstitutional

The state of medical care for New Mexico Corrections Department (NMCD) inmates is horrendous at best, horrifying at times. The prison medical grievance system is supposed to protect inmates who are not getting constitutionally adequate medical care. It does no such thing. In fact, the medical grievance system itself encourages and perpetuates gross [...]

Steps in Suing New Mexico Prisons and Jails

There are a number of very important steps that must be completed prior to filing suit against a New Mexico prison or jail. Failure to complete these steps can prevent a prisoner from ever obtaining justice for wrongs committed by the prison, jail or their respective private contractors. To make things worse, prisons and jails, especially New Mexic [...]

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Centurion Out as Medical Provider for Metropolitan Detention Center

In late April 2021, the Associated Press reported that Centurion Healthcare of New Mexico has prematurely terminated its contract with the Bernalillo County Metropolitan Detention Center (MDC). Centurion signed a 4-year contract with MDC that was to run until December 31, 2022. It is not clear why Centurion decided to end the contract early, but th [...]

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Effective Date, Acts and Omissions Under New Mexico Civil Rights Act

The effective date for the New Mexico Civil Rights Act is Jul 1, 2021. More important for the rights of New Mexico’s prisoners and inmates is the prospective application of the New Mexico Civil Rights Act. Section 12 of the Act states: SECTION 12. PROSPECTIVE APPLICATION.--Claims arising solely from acts or omissions that occurred prior to July [...]

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