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 often harsh…
New Mexico Injury Attorney Blog
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…
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…
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 to Other Facilities Since the…
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 grossly deficient medical…
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,…
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…
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…
Summary of New Mexico Civil Rights Act
House Bill 4, the New Mexico Civil Rights Act, was signed into law last week on April 7, 2021. The importance of its passage to the rights of New Mexico prison and jail inmates cannot be overstated. The Act does not go into effect until July 1, 2021. After July 1, it is a whole…
NMCD Paper Medical Records Serve Goal of Destruction of Evidence
Spoliation of Evidence Spoliation is the technical term used by lawyers and judges for the concealment and/or destruction of evidence. Prisons are a black box when it comes to the evidence within its walls. Unlike a normal public institution, prisons are extremely secretive. This secrecy allows a wide range of atrocities against inmates with no…