Easily managed emergent infections go undiagnosed and untreated leading to permanent severe injuries or death.
Medical negligence: failure to diagnose, treat, and take relevant follow-up for subcutaneous emphysema, despite relevant history, resulting in his death.
New Mexico Civil Rights Claims: failure to provide proper medical care in violation of Article II, § 13 of the New Mexico State Constitution, deliberate indifference to substantial risk of serious harm caused by these failures, violations of due process and violations of the Equal Protection Clause, Article II § 18 and 13 of the New Mexico State Constitution, respectively, policy and practice of denial of care, amounting to cruel and unusual punishment.
Medical negligence: failure to appropriately monitor and evaluate COVID-19, leading to respiratory failure, septic shock, pneumonia, and multi-organ failure, resulting in his death.
New Mexico Civil Rights Claims: failure to provide proper medical care in violation of Article II, § 13 of the New Mexico State Constitution, deliberate indifference to substantial risk of serious harm caused by these failures, violations of due process and violations of the Equal Protection Clause, Article II § 18 and 13 of the New Mexico State Constitution, respectively, policy and practice of denial of care, amounting to cruel and unusual punishment.
Medical Negligence: Failure to provide proper medical care and attention, resulting in the rapid deterioration of Mr. Romero’s health and alleged amputation surgery. Mr. Romero’s wife has been unable to get in contact with Mr. Romero and his health status is currently unknown.
New Mexico Civil Rights Act: Gross negligence, reckless disregard, and deliberate indifference to serious medical needs.
Medical Negligence: Failure to treat injured leg despite multiple requests for medical care. The untreated leg became infected and led to sepsis, resulting in wrongful death.
New Mexico Civil Rights Act: Gross negligence, recklessness, and deliberate indifference, leading to wrongful death.
Medical negligence: failure to attend to wound, leading to Staph infection that led to permanent brain injury.
Medical Negligence: failure to properly diagnose and treat spinal osteomyelitis for four months resulting in permanent spinal damage, and continuing failure to provide physical therapy and pain medication
New Mexico Civil Rights Claims: failure to provide medical care , deliberate indifference to Mr. Roybal’s medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution
Medical Negligence: failure to properly diagnose and treat a long-term ear infection, leading to permanent hearing loss
New Mexico Civil Rights Claims: failure to provide medical care , deliberate indifference to Ms. Melendrez’ medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution
Medical Negligence: the case involved extreme inexcusable medical neglect by NMCD and Wexford resulting in endocarditis (heart infection), multiple hospitalizations and multiple heart surgeries. The endocarditis, hospitalizations and heart surgeries were easily avoidable with even marginally competent medical care.
New Mexico Civil Rights Claims: failure to provide medical care , deliberate indifference to Mr. Hallum’s medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution
Medical negligence: failure to diagnose and treat emergent infection leading to spinal osteomyelitis with epidural abscess.
Medical negligence: failure to diagnose and treat emergent infection leading to spinal discitis and osteomyelitis with multiple lengthy hospitalizations.
People suffering severe mental health issues are denied even basic mental health services leading to worsening mental health, desperation and suicide.
Medical negligence, Wrongful Death and Violations of New Mexico Civil Rights Act: callous, cruel, reckless and deliberate refusal to provide proper mental health services to an inmate with severe mental illness leading to avoidable suicide.
New Mexico Civil Rights Claims: failure to provide medical care , deliberate indifference to Mr. Hallum’s medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution
Prisons and jails routninely fail to provide proper and timelymedication. The food served is often toxic for diabetics.
Jail is no place for an addict. There are rarely proper detox regimens and qualified medical personnel in place leading to untold numbers of jail deaths.
Medical Negligence: Failure to provide proper medical attention resulting in Ms. Trujillo’s death only three days after being in MDC’s custody. Negligence and recklessness while holding Ms. Trujillo in custody, accusing her of “faking” detoxing.
New Mexico Civil Rights Act: Gross negligence, recklessness, and deliberate indifference.
Medical Negligence: Failure to provide proper drug detoxification and monitoring leading to wrongful death as a result of toxic effects of methamphetamine and opiate withdrawal.
Possible Federal §1983:, ADA and Rehab Act Claims During the tenure of Centurion Detention Health Services at MDC, there were an inexcusably large number of detox deaths well documented in the press. It is expected that as evidence is collected in the case, federal claims under §1983:, ADA and Rehab Act.
Medical Negligence: Ms. Bordegaray was forced to witness the slow and agonizing death of a fellow inmate. Was also improperly placed in detox despite being clean and sober.
New Mexico Civil Rights Act: Gross negligence and actionable misconduct under the New Mexico Civil Rights Act.
Medical Negligence: Failure to take proper action in protecting Ms. Abarca from witnessing a fellow inmate’s suicide and was threatened when she attempted to intervene. Incorrectly placed Ms. Abarca in a detox pod.
New Mexico Civil Rights Act: Gross negligence, reckless disregard, and deliberate indifference to serious medical needs.
Medical Negligence: this case began as an evaluation of a potential medical negligence claim for lengthy failure to treat a severely broken arm and associated cruel and deliberate indifference to extraordinary pain.
New Mexico Civil Rights Claims: during the evaluation process of medical neglect, the inmate was instructed to file medical grievances per the requirements of the Prison Litigation Reform Act and its New Mexico counterpart. Counsel for the inmate also sent out numerous Tort Claims Notices per the requirements of the New Mexico Tort Claims Act due to the continuing refusal to provide proper medical care for the broken arm. In retaliation for the medical grievances and Tort Claims Notice, NMCD personnel violently attacked the inmate on two separate occasions. The retaliation and the continued neglect of the inmate’s broken arm and severe pain that occurred after July 1, 2021, NMCRA claims were added to the medical negligence claims.
Medical Negligence: Ms. Jaramillo and another female inmate were subjected to inappropriate sexual relations and harassment by a corrections officer for months. Ms. Jaramillo was threatened if she refused to comply and engage in sexual acts.
New Mexico Civil Rights Act: Gross negligence, recklessness, and deliberate indifference under the New Mexico Civil Rights Act.
Challenge to the constitutionality of NMCD’s medical grievance process which serves purely to prevent inmates from access to the Courts for even extreme medical neglect. The abuses of the medical grievance process are made possible by the Prison Litigation Reform Act and the New Mexico counterpart which prevent an inmate from filing a medical negligence lawsuit unless the inmate has exhausted (completed) the medical grievance process. NMCD’s medical grievance process is wrought with obstruction to prevent completion of the grievance process including destruction and concealment of filed grievances, threats of retaliation for filing grievances and even violent retaliation for having filed medical grievance as occurred in Chacon v. NMCD, et al.
Outcome: Dismissed for lack of court jurisdiction over NMCD internal policies and procedures
Future Action: Collins & Collins, P.C. continues to try to reform the corrupt and broken NMCD medical grievance system (and grievance system generally). Due the court’s position that it lacked jurisdiction, the firm is now attacking the medical grievance system on a individual client basis under the New Mexico Civil Rights Act, effective date 07/01/2021, as we have done in Adrian Chacon v. NMCD, Wexford, et al.
Whistleblower and Employment Lawsuits
Challenge to the constitutionality of NMCD’s medical grievance process which serves purely to prevent inmates from access to the Courts for even extreme medical neglect. The abuses of the medical grievance process are made possible by the Prison Litigation Reform Act and the New Mexico counterpart which prevent an inmate from filing a medical negligence lawsuit unless the inmate has exhausted (completed) the medical grievance process. NMCD’s medical grievance process is wrought with obstruction to prevent completion of the grievance process including destruction and concealment of filed grievances, threats of retaliation for filing grievances and even violent retaliation for having filed medical grievance as occurred in Chacon v. NMCD, et al.
Outcome: Dismissed for lack of court jurisdiction over NMCD internal policies and procedures
Future Action: Collins & Collins, P.C. continues to try to reform the corrupt and broken NMCD medical grievance system (and grievance system generally). Due the court’s position that it lacked jurisdiction, the firm is now attacking the medical grievance system on a individual client basis under the New Mexico Civil Rights Act, effective date 07/01/2021, as we have done in Adrian Chacon v. NMCD, Wexford, et al.
Whistleblower Complaint: Sgt. Dominic Baca was a Plaintiff to the original Whistleblower Complaint and Petition for Injunctive Relief filed 09/13/2023
Since the complaint was filed, he has suffered relentness retaliation and intimidation. He has been ostracized by the supervisors, deputy wardens, and wardens who have discouraged any contact with Sgt. Baca by other officers and even medical personnel. One medical employee was walked out and terminated with hours of expressing support for Sgt. Baca in the presence of a supervisors. The last straw was the unlawful demotion of Sgt. Baca on false pretenses. Consequently, the Whistleblower suit was filed on 03/21/2024.
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