Case: Bravo v. Board of County Commissioners for the County of Doña Ana

6:08-cv-00010 | U.S. District Court for the District of New Mexico

Filed Date: June 16, 2008

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On June 16, 2008, people with mental disabilities who had been arrested and detained in the Doña Ana County Detention Center (“DACDC”) brought this class action lawsuit in the United States District Court for the District of New Mexico. The plaintiffs sued the Board of County Commissioners for the County of Doña Ana, the DACDC, and law enforcement. The Plaintiffs, represented by the Bazelon Center for Mental Health Law and private counsel, sought sought class-wide preliminary and permanent inju…

On June 16, 2008, people with mental disabilities who had been arrested and detained in the Doña Ana County Detention Center (“DACDC”) brought this class action lawsuit in the United States District Court for the District of New Mexico. The plaintiffs sued the Board of County Commissioners for the County of Doña Ana, the DACDC, and law enforcement. The Plaintiffs, represented by the Bazelon Center for Mental Health Law and private counsel, sought sought class-wide preliminary and permanent injunctive relief for violations of their Eighth and Fourteenth Amendment rights, the New Mexico Constitution, the Americans with Disabilities Act, and the Rehabilitation Act. Additionally, the named Plaintiffs sought damages for the violations of their rights and for the negligent acts and omissions that gave rise to tort claims.

There were two groups of Defendants: County Commissioners and Law Enforcement, in this matter. The first group of Defendants encompassed the Board of County Commissioners for the County of Doña Ana, which was responsible for all county operations including the Doña Ana County Detention Center. The second group of Defendants was comprised of two subgroups of law enforcement, City of Las Cruces Police Department and Doña Ana County Sheriff’s Office.

Specifically, the Plaintiffs alleged that at least thirty percent of DACDC’s approximately nine hundred detainees had mental disabilities. According to the Plaintiffs, the DACDC Defendants had continually and persistently ignored the mental health needs of detainees, and had failed to provide them with constitutionally adequate mental health services. The Defendants never instituted an effective system for making routine assessments of detainees with symptoms of mental illness. Nor did the Defendants implement an effective system for tracking detainees who needed mental health care. The DACDC Defendants failed to provide regular monitoring of detainees’ mental health care needs, and failed to provide the treatment they need.

As stated in the Plaintiffs’ complaint, failure in treatment led the Defendants to rely too heavily on the use of segregation for detainees with mental health care needs. A significant number of detainees in the segregation units exhibited obvious symptoms of serious mental illness. Notwithstanding isolation’s particularly harmful effects on the mental health of detainees, the Defendants failed to conduct regular medical rounds and assessments of their needs. The Defendants also failed to engage in meaningful discharge planning for detainees with mental disabilities. The Defendants discharged detainees without access to the 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 was recidivism and a cycle of arrests and detentions.

The Law Enforcement Defendants were aware of the DACDC Defendants’ failure to meet the serious mental healthcare needs of detainees. Nevertheless, according to the Plaintiffs, the Law Enforcement Defendants persisted in a discriminatory pattern and practice of arresting 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. Additionally, the Law Enforcement Defendants’ failed to effectively train law enforcement personnel to recognize the signs of mental disabilities and respond appropriately.

On January 3, 2008 the Plaintiffs entered an amended complaint for Class Action injunctive relief and damages. On the same day the Defendants moved to remove the case to federal court. The Plaintiffs submitted multiple amended complaints, and the Defendants sought to dismiss the claims based on the U.S. Constitution and the New Mexico Constitution as well as the class action claims.

In August 2008, the parties began engaging in settlement conversations.

As these conversations continued, on May 2, 2009, the Plaintiffs moved for a preliminary injunction to enjoin the Defendants from continuing to subject the Plaintiffs and other people with mental disabilities to the actions and inactions set forth in the complaint. The injunction was denied on November 20, 2009 at the recommendation of Magistrate Judge Gregory B. Wormuth because public policy weighed against doing so without clarity of facts regarding key allegations.

On July 2, 2009, Judge William P. Johnson affirmed Magistrate Judge Karen B. Molzen’s Report and Recommendation to sanction the County Defendants for failure to report their change of position regarding settlement talks after a year and a half of attempted settlement discussions. Specifically, the County Manager, who had engaged in settlement conversations, failed to inform the Plaintiffs that the Board of Commissioners had rejected the new direction of the talks. The Court ordered that the County Defendants to pay sanctions to Plaintiffs in the amount of $7,394.00.

On July 9, 2009, the Plaintiffs dismissed with prejudice their claims against the City Defendants, since the Plaintiffs and the City Defendants had reached a settlement in the case. Six months later, on December 15, 2009, the case was settled with the County Defendants before Judge William P. Johnson. The settlement, found on the Bazelon Center website, called for expanded training, new policies and procedures, increased resources to divert people with mental illnesses from the criminal justice system. It also included a monetary payment totalling $150,000 as damages for the named plaintiffs and attorneys fees. It included no payment to class members. .

On January 15, 2010 the Plaintiffs dismissed with prejudice (closing the case) the matter against the County Defendants.

Summary Authors

Mary Kate Sickel (11/26/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4312709/parties/bravo-v-board-of-county-commissioners/


Judge(s)

Johnson, William Paul (New Mexico)

Molzen, Karen Ballard (New Mexico)

Attorneys(s) for Plaintiff

Bach, George (New Mexico)

Bauman, Rosemary L. (New Mexico)

Burnim, Ira Abraham (District of Columbia)

Cubra, Peter (New Mexico)

Egan, Brendan K. (New Mexico)

Gardner, Tim (New Mexico)

Koenigsberg, Nancy (New Mexico)

Lilley, Michael W. (New Mexico)

Judge(s)

Johnson, William Paul (New Mexico)

Molzen, Karen Ballard (New Mexico)

Attorneys(s) for Plaintiff

Bach, George (New Mexico)

Bauman, Rosemary L. (New Mexico)

Burnim, Ira Abraham (District of Columbia)

Cubra, Peter (New Mexico)

Egan, Brendan K. (New Mexico)

Gardner, Tim (New Mexico)

Koenigsberg, Nancy (New Mexico)

Lilley, Michael W. (New Mexico)

Penn, Andrew S. (District of Columbia)

Schatz-Vance, Lisa Y (New Mexico)

Attorneys(s) for Defendant

Anaya, Christina E. (New Mexico)

Beach, Terri S (New Mexico)

Caldwell, John W (New Mexico)

Macke, Daniel J (New Mexico)

Robles, Luis E. (New Mexico)

Expert/Monitor/Master

Bossing, Lewis (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Bravo v. Board of County Commissioners for the County of Dona Ana

Jan. 19, 2010 Docket
36

Second Amended Complaint for Class Action Injunctive Relief and for Damages for Named Plaintiffs

Bravo v. Board of County Commissioners for the County of Dona Ana

June 16, 2008 Complaint

Settlement Agreement

Bravo v. Board of County Commissioners for the County of Dona Ana

May 13, 2009 Settlement Agreement

Resources

Title Description External URL

Bravo v. Board of Commissioners of Dona Ana County

The Bazelon Center

Filed in federal court in New Mexico, Bravo challenges the lack of mental health services and release planning in the county jail and discriminatory arrest practices by local law enforcement officers… Jan. 1, 2017 http://www.bazelon.org/bravo-v-board-of-commissioners-of-dona-ana-county/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4312709/bravo-v-board-of-county-commissioners/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
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)

1 Exhibit A: First Amended Complaint for Class Action Injunctive Relief and for Da

View on RECAP

2 Civil Cover Sheet

View on PACER

Jan. 3, 2008 PACER
2

Filing fee: $ 350.00, receipt number 2276 (nm) (Entered: 01/07/2008)

Jan. 4, 2008 PACER
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)

Jan. 10, 2008 PACER
4

Transmittal of State Court Documents by Ken Miyagishima (Attachments: # 1 Exhibit Certified State Court Pleadings)(Robles, Luis) (Entered: 01/10/2008)

Jan. 10, 2008 PACER
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)

Jan. 11, 2008 PACER
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)

Jan. 11, 2008 PACER
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)

Jan. 17, 2008 PACER
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)

Jan. 18, 2008 PACER
9

NOTICE of Appearance by Christina E Anaya on behalf of Ken Miyagishima (Anaya, Christina) (Entered: 01/21/2008)

Jan. 21, 2008 PACER
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)

Jan. 21, 2008 PACER
11

CERTIFICATE OF SERVICE by Joe Estrada re: Initial Disclosures (Bach, George) (Entered: 03/06/2008)

March 6, 2008 PACER
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)

March 7, 2008 PACER
13

Joint Status Report and Provisional Discovery Plan by Jaime Bravo (Bach, George) (Entered: 03/07/2008)

March 7, 2008 PACER
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)

March 7, 2008 PACER
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)

March 7, 2008 PACER
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)

March 10, 2008 PACER
17

NOTICE of Appearance by Lewis Bossing on behalf of all plaintiffs (Bossing, Lewis) (Entered: 03/13/2008)

March 13, 2008 PACER
18

Clerk's Minutes for proceedings held before Judge Leslie C. Smith : Scheduling Conference held on 3/13/2008. (wp) (Entered: 03/13/2008)

March 13, 2008 PACER
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)

March 13, 2008 PACER
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)

March 14, 2008 PACER
21

ORDER by Judge Leslie C. Smith vacating 4/2/08 Motion Hearing (wp) (Entered: 03/17/2008)

March 17, 2008 PACER
22

NOTICE of Appearance by Andrew S Penn on behalf of Jaime Bravo (Penn, Andrew) (Entered: 03/18/2008)

March 18, 2008 PACER
23

NOTICE of Appearance by Ira Abraham Burnim on behalf of all plaintiffs (Burnim, Ira) (Entered: 04/01/2008)

April 1, 2008 PACER
24

CERTIFICATE OF SERVICE by Ken Miyagishima Rule 26(a)(1) Initial Disclosures (Robles, Luis) (Entered: 04/03/2008)

April 3, 2008 PACER
25

AMENDED COMPLAINT First Amended Complaint against all defendants., filed by Jaime Bravo, Joe Estrada, Ezekial Diaz.(Bauman, Rosemary) (Entered: 04/07/2008)

April 7, 2008 PACER
26

SCHEDULING ORDER by Judge Leslie C. Smith (wp) (Entered: 04/09/2008)

April 9, 2008 PACER
27

ANSWER to Amended Complaint 25 by City of Las Cruces, Terrance Moore, Las Cruces Police Department, Harry Romero, Ken Miyagishima.(Robles, Luis) Modified on 5/1/2008 to create link. (mjr) (Entered: 04/28/2008)

April 28, 2008 PACER
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)

April 28, 2008 PACER
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)

April 28, 2008 PACER
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)

May 12, 2008 PACER
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)

May 12, 2008 PACER
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)

May 27, 2008 PACER
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)

May 27, 2008 PACER
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)

June 4, 2008 PACER
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)

June 12, 2008 PACER
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)

June 16, 2008 PACER
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)

June 17, 2008 PACER
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)

June 23, 2008 PACER
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)

June 23, 2008 PACER
40

SCHEDULING ORDER: by Magistrate Judge Leslie C. Smith (wp) (Entered: 06/24/2008)

June 24, 2008 PACER
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)

June 24, 2008 PACER
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)

June 24, 2008 PACER
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)

July 1, 2008 PACER
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)

July 1, 2008 PACER
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)

July 7, 2008 PACER
46

Unopposed MOTION to Extend (other) D.N.M.LR-CIV. 26.6 DEADLINE by Jaime Bravo. (Bach, George) (Entered: 07/07/2008)

July 7, 2008 PACER
47

ORDER by Magistrate Judge Leslie C. Smith granting 46 ORDER on Motion to Extend (wp) (Entered: 07/08/2008)

July 8, 2008 PACER
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)

July 8, 2008 PACER
49

Unopposed MOTION for Protective Order by Jaime Bravo. (Bach, George) (Entered: 07/09/2008)

July 9, 2008 PACER
50

ORDER by Magistrate Judge Leslie C. Smith granting 49 Motion for Protective Order (wp) (Entered: 07/09/2008)

July 9, 2008 PACER
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)

July 14, 2008 PACER
52

NOTICE of Appearance by John W Caldwell on behalf of Todd Garrison, Dona Ana County Sheriffs' Office (Caldwell, John) (Entered: 07/14/2008)

July 14, 2008 PACER
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)

July 14, 2008 PACER
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)

July 15, 2008 PACER
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)

July 15, 2008 PACER
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 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)

July 21, 2008 PACER
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)

July 29, 2008 PACER
58

ORDER by Magistrate Judge Leslie C. Smith granting 57 Motion to Appoint Guardian Ad Litem ad Litem. (wp) (Entered: 08/01/2008)

Aug. 1, 2008 PACER
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) DO NOT DELETE ANY OF THE FOLLOWING TEXT[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)

Aug. 5, 2008 PACER
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)

Aug. 5, 2008 PACER
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)

Aug. 8, 2008 PACER
62

NOTICE of Change of Address by Peter Cubra (Cubra, Peter) (Entered: 08/08/2008)

Aug. 8, 2008 PACER
63

MOTION to Appoint Substitute Guardian Ad Litem by Arlen Crespin. (Lilley, Michael) Modified on 8/21/2008 (kdf). (Entered: 08/14/2008)

Aug. 14, 2008 PACER
64

MOTION to Appoint Guardian ad Litem by Veronica Hernandez. (Lilley, Michael) Modified on 8/22/2008 (kdf). (Entered: 08/15/2008)

Aug. 15, 2008 PACER
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)

Aug. 17, 2008 PACER
66

ORDER by Magistrate Judge Leslie C. Smith granting 63 Motion to Appoint Guardian ad Litem. (mcs) (Entered: 08/20/2008)

Aug. 20, 2008 PACER
67

ORDER by Magistrate Judge Leslie C. Smith granting 64 Motion to Appoint Guardian ad Litem. (mcs) (Entered: 08/20/2008)

Aug. 20, 2008 PACER
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)

Aug. 20, 2008 PACER
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)

Aug. 22, 2008 PACER
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)

Aug. 28, 2008 PACER
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)

Aug. 29, 2008 PACER
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)

Sept. 24, 2008 PACER
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)

Oct. 1, 2008 PACER
73

ORDER by Magistrate Judge Karen B. Molzen outlining plan for continued settlement efforts (as set forth in Order). (KBM) (Entered: 10/03/2008)

Oct. 3, 2008 PACER
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)

Oct. 8, 2008 PACER
75

Joint MOTION to Extend (other) Discovery and Pre-Trial Deadlines by Jaime Bravo. (Bach, George) (Entered: 10/09/2008)

Oct. 9, 2008 PACER
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)

Oct. 10, 2008 PACER
78

MOTION to Quash Subpoena by Valmora, Inc.. (Attachments: # 1 Exhibit Subpoena)(Reyes, Faith) (Entered: 11/03/2008)

Nov. 3, 2008 PACER
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)

Nov. 3, 2008 PACER
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)

Nov. 18, 2008 PACER
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)

Nov. 20, 2008 PACER
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)

Dec. 1, 2008 PACER
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)

Dec. 2, 2008 PACER
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)

Dec. 8, 2008 PACER
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)

Dec. 8, 2008 PACER
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)

Dec. 11, 2008 PACER
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)

Dec. 11, 2008 PACER
88

NOTICE of Change of Address by John W Caldwell (Caldwell, John) (Entered: 12/16/2008)

Dec. 16, 2008 PACER
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)

Dec. 23, 2008 PACER
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)

Jan. 2, 2009 PACER
91

NOTICE of Briefing Complete by Valmora, Inc. re 78 MOTION to Quash Subpoena filed by Valmora, Inc. (Reyes, Faith) (Entered: 01/02/2009)

Jan. 2, 2009 PACER
92

NOTICE of Change of Address by John W Caldwell (Caldwell, John) (Entered: 01/08/2009)

Jan. 8, 2009 PACER
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)

Jan. 20, 2009 PACER
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)

Jan. 28, 2009 RECAP
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)

Jan. 28, 2009 PACER
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)

Jan. 29, 2009 PACER
97

NOTICE of Appearance by Brendan Egan on behalf of all plaintiffs (Egan, Brendan) (Entered: 02/04/2009)

Feb. 4, 2009 PACER
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)

Feb. 5, 2009 PACER
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)

Feb. 6, 2009 PACER
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)

Feb. 10, 2009 PACER

State / Territory: New Mexico

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 16, 2008

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

People with mental disabilities arrested and detained in the Doña Ana County Detention Center in New Mexico.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Board of County Commissioners (Doña Ana), County

Doña Ana County Detention Center (Doña Ana), County

City of Las Cruces (Doña Ana), City

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 150,00.00

Order Duration: 2008 - 2010

Content of Injunction:

Training

Preliminary relief denied

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Confinement/isolation

Counseling

Discharge & termination plans

Disciplinary segregation

Failure to supervise

Failure to train

False arrest

Funding

Improper treatment of mentally ill suspects

Placement in detention facilities

Placement in mental health facilities

Reasonable Accommodations

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run