Case: Human Rights Defense Center v. Lujan Grisham

1:24-cv-01091 | U.S. District Court for the District of New Mexico

Filed Date: Oct. 25, 2024

Case Ongoing

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Case Summary

This lawsuit involves a challenge to New Mexico state practices in processing and censoring prison mail. On October 25, 2024, the Human Rights Defense Center sued several parties connected to or responsible for New Mexico prison policies and practices: the Governor of New Mexico; the Cabinet Secretary and two Deputy Secretaries of the New Mexico Corrections Department; the Chief Executive Officer and President/Chief Operating Officer of The GEO Group, Inc., a private company which operates at least one correctional facility in the state; and several anonymous John and Jane Does and entities, presently unknown to the plaintiff but who were agents of New Mexico and were involved in the adoption and/or implementation of the alleged state policies at issue.

Plaintiff is a nonprofit organization which distributes material to incarcerated persons in all U.S. states. The material that plaintiff publishes and sends out includes news and analysis of prisons and other detention facilities, information about the rights of incarcerated persons, and/or political and social commentary. Plaintiff mailed out such material to individuals incarcerated in New Mexico, both in facilities operated directly by the state and those operated by private companies on behalf of the state.

Plaintiff’s complaint set forth that a December 2021 state memorandum announced that (1) personal mail would no longer be accepted at state-run prison facilities, and required that personal mail be sent to a third party for processing; and (2) that privately-operated facilities would continue to accept personal mail. After the release of that memorandum, defendant released the most recent version of its Mail Policy, dated April 8, 2022. Plaintiff alleged that defendant’s Mail Policy, which laid out policies and practices for the rejection of certain mail items, enclosures, or packages sent to inmates, were unconstitutional on its face, and were unduly broad and vague.

In particular, plaintiff alleged that the defendants’ Mail Policy raised several concerns: (1) it laid out overly broad grounds on which mail could be rejected, (2) did not provide any requirement for notice of censorship to the party who sent in the rejected mail, and (3) did not provide any appeals process by which senders of challenged mail could challenge the decision to reject the mail at issue.

In accordance with that Mail Policy, plaintiff alleged that defendants had censored books, magazines, and other correspondence it had sent to incarcerated individuals in New Mexico since at least March 2022. Plaintiff noted that it had independently identified at least 152 instances where its mail had not been delivered to the intended recipients and were returned to sender. Plaintiff alleged that it believed numerous other mailings it had sent had been censored or are actively being censored. Because of Mail Policy provisions, plaintiff stated that they were not provided any opportunity to appeal the decision to refuse to deliver, and did not receive notice of the reason that their publications and mail were rejected.

Plaintiff laid out the following claims: (1) Defendants’ conduct violates the First Amendment, by censoring plaintiff’s freedom of speech and expression and chilling future speech and expression for the incarcerated. (2) Defendants violated the Due Process Clause of the Fourteenth Amendment, as plaintiff had constitutionally-protected liberty interests in communicating with the incarcerated, and due process rights to receive notice and opportunity to appeal defendants’ decisions to interfere with those interests, which defendants violated. For these claims, plaintiffs sought injunctive and declaratory relief, to enjoin defendants from continuing the mail practices at issue, as well as damages.

On October 25, 2024, plaintiff filed a motion for preliminary injunction, seeking to enjoin defendants from continuing to use and enforce current mail practices.

The case was originally assigned to Judge Jennifer M. Rozzoni and later reassigned to U.S. District Judge Marget I. Strickland.

On December 20, 2024, one defendant (the Governor of New Mexico) filed a motion to dismiss. The defendant argued that the complaint did not provide a cause of action against the Governor either individually or in her official role, and that plaintiff had not pled that the defendant was responsible for any act or omission which caused plaintiff harm. While the Governor holds a supervisory role over the New Mexico Department of Corrections and has a general duty to enforce state law, the defendant argued that the Governor cannot be held liable in a civil rights action if her only involvement was the fact that she had a supervisory role.

On January 10, 2025, the two private defendants (the CEO and President/COO of The GEO Group, Inc.) also filed a motion to dismiss. In their motion, the defendants argued lack of personal jurisdiction. They claimed that they lacked the necessary minimum contacts with the state of New Mexico for jurisdiction to be exercised over them, and that they are high-level corporate executives at The Geo Group, Inc., who had no involvement with the challenged policies in this action.

As of April 14, 2025, the court had not issued a decision, nor have significant developments occurred. The case is actively being litigated, and pending future updates.

Summary Authors

Keren Yi (4/14/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69310941/parties/human-rights-defense-center-v-lujan-grisham/

Attorney for Plaintiff

Bien-Kahn, Bejamin Joseph (New Mexico)

Flores, Adam C. (New Mexico)

Galvan, Ernest (New Mexico)

Attorney for Defendant

Carrillo, Raul A. (New Mexico)

Gooch, Christina Muscarella (New Mexico)

Attorney for Plaintiff

Bien-Kahn, Bejamin Joseph (New Mexico)

Flores, Adam C. (New Mexico)

Galvan, Ernest (New Mexico)

Ives, Laura Schauer (New Mexico)

Munoz, Brenda (New Mexico)

Picard, Jonathan (New Mexico)

Shinn-Krantz, Marc J (New Mexico)

Attorney for Defendant

Carrillo, Raul A. (New Mexico)

Gooch, Christina Muscarella (New Mexico)

Greth, Jarrod Alec (New Mexico)

Jahner, Michael S. (New Mexico)

White, April D. (New Mexico)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:24-cv-01091	Complaint for Declaratory and Injunctive Relief and Damages Under the Federal Civil Rights Act, 42 U.S.C. § 1983 Human Rights Defense Center v. Grisham	Oct. 25, 2024	Oct. 25, 2024 Complaint
30 1:24-cv-01091	Defendants Brian R. Evans and Wayne H. Calabrese's Motion to Dismiss for Lack of Personal Jurisdiction and Memorandum of Law in Support	Jan. 10, 2025	Jan. 10, 2025 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69310941/human-rights-defense-center-v-lujan-grisham/

Last updated July 28, 2026, 6:18 p.m.

ECF Number	Date	Description	Link
1	Oct. 25, 2024	COMPLAINT For Declaratory and Injunctive Relief and Damages Under the Federal Civil Rights Act, 42 U.S.C. § 1983 against All Defendants ( Filing Fee - Online Payment), filed by Human Rights Defense Center. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Flores, Adam) (Entered: 10/25/2024) 1 Civil Cover Sheet Civil Cover Sheet View on PACER	Clearinghouse
2	Oct. 25, 2024	PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jennifer M. Rozzoni to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) (Entered: 10/25/2024)	RECAP
3	Oct. 25, 2024	MOTION for Preliminary Injunction by Human Rights Defense Center. (Attachments: # 1 Affidavit Marc J. Shinn-Krantz, # 2 Affidavit Paul Wright, # 3 Affidavit John L. Clark) (Flores, Adam) (Entered: 10/25/2024)	RECAP
4	Oct. 25, 2024	NOTICE by Human Rights Defense Center Corporate and Business Entity Disclosure Statement (Flores, Adam) (Entered: 10/25/2024)	RECAP
5	Oct. 25, 2024	NOTICE by Human Rights Defense Center Notice of Good Standing (Flores, Adam) (Entered: 10/25/2024)	RECAP
	Oct. 25, 2024	Summons Issued
	Oct. 25, 2024	Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9608709 re 1 Complaint, filed by Human Rights Defense Center (Payment made via Pay.gov)(Flores, Adam)
	Oct. 25, 2024	United States Magistrate Judge Jennifer M. Rozzoni and United States Magistrate Judge Kevin R. Sweazea assigned. (dr)
	Oct. 25, 2024	Summons Issued as to Wayne H. Calabrese, Brian R. Evans, GEO Group, Inc., Michelle Lujan Grisham, Gary Maciel, Melanie Martinez, Alisha Tafoya Lucero, and Attorney General. (dr)
6	Oct. 28, 2024	PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Margaret I. Strickland as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Jennifer M. Rozzoni no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) (Entered: 10/28/2024)	RECAP
7	Oct. 30, 2024	SUMMONS Returned Executed by Human Rights Defense Center. Michelle Lujan Grisham served on 10/29/2024, answer due 11/19/2024. (Flores, Adam) (Entered: 10/30/2024)	RECAP
8	Oct. 30, 2024	SUMMONS Returned Executed by Human Rights Defense Center. Gary Maciel served on 10/29/2024, answer due 11/19/2024. (Flores, Adam) (Entered: 10/30/2024)	RECAP
9	Oct. 30, 2024	SUMMONS Returned Executed by Human Rights Defense Center. Melanie Martinez served on 10/29/2024, answer due 11/19/2024. (Flores, Adam) (Entered: 10/30/2024)	RECAP
10	Oct. 30, 2024	SUMMONS Returned Executed by Human Rights Defense Center. Alisha Tafoya Lucero served on 10/29/2024, answer due 11/19/2024. (Flores, Adam) (Entered: 10/30/2024)	RECAP
11	Nov. 8, 2024	SUMMONS Returned Executed by Human Rights Defense Center. GEO Group, Inc. served on 11/5/2024, answer due 11/26/2024. (Flores, Adam) (Entered: 11/08/2024)	RECAP
12	Nov. 22, 2024	MOTION for Extension of Time to File Answer to Complaint by Michelle Lujan Grisham. (Carrillo, Raul) (Entered: 11/22/2024)	RECAP
13	Nov. 22, 2024	NOTICE of Appearance by Raul A. Carrillo, Jr on behalf of Michelle Lujan Grisham (Carrillo, Raul) (Entered: 11/22/2024)	RECAP
14	Nov. 25, 2024	ORDER by District Judge Margaret I. Strickland GRANTING 12 State of New Mexico Related Defendants' Motion for Extension of Time to File. Defendants Grisham, Lucero, Martinez, and Maciel shall have up to and including December 12, 2024, to file their Answer and shall have up to and including December 12, 2024, to file their Response to 3 Plaintiff's Motion for Preliminary Injunction. Plaintiff shall have up to and including January 13, 2025, to file a Reply to 3 Plaintiff's Motion for Preliminary Injunction.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mhs) (Entered: 11/25/2024)	RECAP
	Nov. 25, 2024	Order on Motion for Extension of Time to Answer
15	Nov. 26, 2024	NOTICE by GEO Group, Inc. re 3 MOTION for Preliminary Injunction, 1 Complaint, Entry of Appearance and Notice of Agreed Extension of Time (Jahner, Michael) (Entered: 11/26/2024)	RECAP
16	Dec. 3, 2024	ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Human Rights Defense Center by Adam C. Flores on behalf of: Marc J. Shinn-Krantz Rosen Bien Galvan & Grunfeld LLP 101 Mission Street, Sixth FloorSan Francisco, CA 94105 415-433-6830 Fax 415-433-7104 MShinn-Krantz@rbgg.com (Association Dues - Online Payment) (Flores, Adam)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/03/2024)	RECAP
17	Dec. 3, 2024	ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Human Rights Defense Center by Adam C. Flores on behalf of: Ernest Galvan Rosen Bien Galvan & Grunfeld LLP 101 Mission Street, Sixth FloorSan Francisco, CA 94105 415-433-6830 Fax 415-433-7104 EGalvan@rbgg.com (Association Dues - Online Payment) (Flores, Adam)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/03/2024)	RECAP
18	Dec. 3, 2024	ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Human Rights Defense Center by Adam C. Flores on behalf of: Jonathan P. Picard Human rights Defense Center P.O. Box 1151Lake Worth, Florida 33460 561-360-2523 Fax 561-828-8166 jpicard@humanrightsdefensecenter.org (Association Dues - Online Payment) (Flores, Adam)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/03/2024)	RECAP
	Dec. 3, 2024	Association Dues Received: $ 100 receipt number ANMDC-9664658 re: # 16 Association of Attorney Licensed Outside the District, filed by Human Rights Defense Center (Payment made via Pay.gov)(Flores, Adam)
	Dec. 3, 2024	Association Dues Received: $ 100 receipt number ANMDC-9664679 re: # 17 Association of Attorney Licensed Outside the District, filed by Human Rights Defense Center (Payment made via Pay.gov)(Flores, Adam)
	Dec. 3, 2024	Association Dues Received: $ 100 receipt number ANMDC-9664694 re: # 18 Association of Attorney Licensed Outside the District, filed by Human Rights Defense Center (Payment made via Pay.gov)(Flores, Adam)
19	Dec. 12, 2024	RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by GEO Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Jahner, Michael) (Entered: 12/12/2024) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER	RECAP
20	Dec. 12, 2024	The GEO Group, Inc.'s ANSWER to 1 Complaint, with Jury Demand by GEO Group, Inc.. Related document: 1 Complaint, filed by Human Rights Defense Center.(Jahner, Michael) (Entered: 12/12/2024)	RECAP
21	Dec. 13, 2024	SUMMONS Returned Executed by Human Rights Defense Center. Wayne H. Calabrese served on 12/4/2024, answer due 12/26/2024. (Flores, Adam) (Entered: 12/13/2024)	RECAP
22	Dec. 13, 2024	SUMMONS Returned Executed by Human Rights Defense Center. Brian R. Evans served on 12/4/2024, answer due 12/26/2024. (Flores, Adam) (Entered: 12/13/2024)	RECAP
23	Dec. 13, 2024	ORDER TO SHOW CAUSE by District Judge Margaret I. Strickland.THIS MATTER is before the Court on a sua sponte review of the record. On November 22, 2024, Defendants Michelle Lujan Grisham, Alisha Tafoya Lucero, Melanie Martinez, and Gary Maciel ("State Defendants") filed a Motion for Extension of Time to File an Answer or Other Response to the Complaint and to File a Response to the Motion for Preliminary Injunction ("Motion for Extension"). ECF No. 12 . On November 25, 2024, the Court entered an Order granting the Motion for Extension and providing the State Defendants until and including December 12, 2024 to respond to the Complaint and Motion for Preliminary Injunction. To date, the State Defendants have not responded to the Complaint or the Motion for Preliminary Injunction.Accordingly, Plaintiff shall have until and including December 23, 2024 to file a motion for clerk's entry of default or SHOW CAUSE why this case should not be dismissed as to the State Defendants for lack of prosecution and/or noncompliance with the Court's Orders.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) Modified on 12/17/2024 (jjs). (Entered: 12/13/2024)	RECAP
24	Dec. 13, 2024	Second MOTION for Extension of Time to File Answer by Michelle Lujan Grisham. (Carrillo, Raul) (Entered: 12/13/2024)	RECAP
25	Dec. 13, 2024	ORDER by District Judge Margaret I. Strickland GRANTING 24 State of New Mexico Related Defendants' Unopposed Motion for Second Extension of Time to File Answer or Other Response to Original Complaint and to File Response to Motion for Preliminary Injunction. Defendants Michelle Lujan Grisham, Alisha Tafoya Lucero, Melanie Martinez, and Gary Maciel shall have until and including December 20, 2024, to respond to the 1 Complaint and to file a Response to Plaintiff's 3 Motion for Preliminary Injunction.The Court's December 13, 2024, Order to Show Cause (ECF No. 23) is VACATED.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) (Entered: 12/13/2024)	RECAP
	Dec. 13, 2024	Order to Show Cause
	Dec. 13, 2024	Order on Motion for Extension of Time to Answer
26	Dec. 20, 2024	NOTICE by Brian R. Evans, Wayne H. Calabrese Entry of Appearance and Notice of Agreed Extension of Time (Jahner, Michael) (Entered: 12/20/2024)	RECAP
27	Dec. 20, 2024	ANSWER to 1 Complaint, by Alisha Tafoya Lucero, Melanie Martinez, Gary Maciel. Related document: 1 Complaint, filed by Human Rights Defense Center.(Carrillo, Raul) (Entered: 12/20/2024)	RECAP
28	Dec. 20, 2024	MOTION to Dismiss Party by Michelle Lujan Grisham. (Carrillo, Raul) (Entered: 12/20/2024)	RECAP
29	Dec. 20, 2024	RESPONSE to Motion re 3 MOTION for Preliminary Injunction filed by Alisha Tafoya Lucero. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Carrillo, Raul) (Entered: 12/20/2024) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	RECAP
30	Jan. 10, 2025	MOTION to Dismiss for Lack of Jurisdiction (Lack of Personal Jurisdiction) by Brian R. Evans, Wayne H. Calabrese. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Jahner, Michael) (Entered: 01/10/2025) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	Clearinghouse
31	Jan. 10, 2025	NOTICE by Brian R. Evans, Wayne H. Calabrese re 19 Response in Opposition to Motion (Notice of Joinder) (Jahner, Michael) (Entered: 01/10/2025)	RECAP
32	Jan. 16, 2025	PLEASE TAKE NOTICE that this case has been reassigned to District Judge Sarah M Davenport as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge Margaret I. Strickland no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (nr) (Entered: 01/16/2025)	RECAP
33	Jan. 21, 2025	NOTICE by Human Rights Defense Center Notice of Agreed Extensions of Time (Shinn-Krantz, Marc) (Entered: 01/21/2025)	RECAP
34	Jan. 28, 2025	RESPONSE in Opposition re 28 MOTION to Dismiss Party Plaintiff's Opposition to Defendant Grisham's Motion to Dismiss filed by Human Rights Defense Center. (Shinn-Krantz, Marc) (Entered: 01/28/2025)	RECAP
35	Jan. 28, 2025	NOTICE by Human Rights Defense Center re 30 MOTION to Dismiss for Lack of Jurisdiction (Lack of Personal Jurisdiction) Notice of Agreed Extension of Time (Shinn-Krantz, Marc) (Entered: 01/28/2025)	RECAP
36	Jan. 29, 2025	ORDER by Magistrate Judge Kevin R. Sweazea. Telephonic Status Conference set for February 12, 2025 at 10:30 AM to discuss whether to hold a Rule 16 Scheduling Conference. The parties are directed to call Judge Sweazea's teleconference line at 855-244-8681, and enter Meeting Code 2300 989 9447# to be connected to the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED]. (ldm) (Entered: 01/29/2025)	RECAP
	Jan. 29, 2025	Order AND ~Util - Set Hearings
37	Feb. 12, 2025	Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Telephonic Status Conference Regarding Discovery held on February 12, 2025. (ldm) (Entered: 02/12/2025)	RECAP
38	Feb. 12, 2025	INITIAL SCHEDULING ORDER by Magistrate Judge Kevin R. Sweazea. Joint Status Report due by March 17, 2025. Telephonic Rule 16 Scheduling Conference set for March 26, 2025 at 10:00 AM. Counsel and any pro se party shall call (855) 244-8681 and enter Meeting Code 2300 989 9447# to be connected. (ldm) (Entered: 02/12/2025)	RECAP
39	Feb. 18, 2025	NOTICE by Michelle Lujan Grisham OF NON-AVAILABILITY (Carrillo, Raul) (Entered: 02/18/2025)	RECAP
40	Feb. 24, 2025	NOTICE by Human Rights Defense Center re 3 MOTION for Preliminary Injunction, 28 MOTION to Dismiss Party Notice of Agreed Extension of Time (Shinn-Krantz, Marc) (Entered: 02/24/2025)	RECAP
41	Feb. 27, 2025	NOTICE by Michelle Lujan Grisham Non-Availability (Carrillo, Raul) (Entered: 02/27/2025)	RECAP
42	Feb. 28, 2025	RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction (Lack of Personal Jurisdiction) Pltf's Opposition to Defs Evans and Calabrese's Motion to Dismiss filed by Human Rights Defense Center. (Attachments: # 1 Decl. of P. Wright iso Pltf's Opposition to Defs Evans and Calabrese's Motion to Dismiss) (Shinn-Krantz, Marc) (Entered: 02/28/2025)	RECAP
43	March 13, 2025	REPLY to Response to Motion re 30 MOTION to Dismiss for Lack of Jurisdiction (Lack of Personal Jurisdiction) (Reply in Support of Evans and Calabrese's Motion to Dismiss) filed by Brian R. Evans, Wayne H. Calabrese. (Jahner, Michael) (Entered: 03/13/2025)	RECAP
44	March 13, 2025	NOTICE of Briefing Complete by Brian R. Evans, Wayne H. Calabrese re 30 MOTION to Dismiss for Lack of Jurisdiction (Lack of Personal Jurisdiction) filed by Brian R. Evans, Wayne H. Calabrese (Jahner, Michael) (Entered: 03/13/2025)	RECAP
45	March 17, 2025	Joint Status Report Joint Status Report and Provisional Discovery Plan by Human Rights Defense Center (Shinn-Krantz, Marc) (Entered: 03/17/2025)	RECAP
46	March 21, 2025	REPLY to Response to Motion re 3 MOTION for Preliminary Injunction Plaintiff's Reply to All Defendants' Responses in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Human Rights Defense Center. (Attachments: # 1 Reply Decl of P. Wright in Support of Plaintiff's Motion for Preliminary Injunction) (Shinn-Krantz, Marc) (Entered: 03/21/2025) 1 Reply Decl of P. Wright in Support of Plaintiff's Motion for Preliminary I View on PACER	RECAP
47	March 21, 2025	NOTICE of Briefing Complete by Human Rights Defense Center re 3 MOTION for Preliminary Injunction filed by Human Rights Defense Center (Shinn-Krantz, Marc) (Entered: 03/21/2025)	RECAP
48	March 24, 2025	NOTICE of Appearance by April D. White on behalf of Brian R. Evans, Wayne H. Calabrese, GEO Group, Inc. (White, April) (Entered: 03/24/2025)	RECAP
49	March 24, 2025	CERTIFICATE OF SERVICE by Brian R. Evans, Wayne H. Calabrese, GEO Group, Inc. (GEO Defendants Initial Disclosures) (White, April) (Entered: 03/24/2025)	RECAP
50	March 24, 2025	CERTIFICATE OF SERVICE by Alisha Tafoya Lucero State Defendants Initial Disclosures (Carrillo, Raul) (Entered: 03/24/2025)	RECAP
51	March 24, 2025	CERTIFICATE OF SERVICE by Human Rights Defense Center Certificate of Service re Plaintiff's Rule 26(a)(1) Initial Disclosures (Shinn-Krantz, Marc) (Entered: 03/24/2025)	RECAP
52	March 26, 2025	Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Telephonic Rule 16 Scheduling Conference held on March 26, 2025. (ldm) (Entered: 03/26/2025)	RECAP
53	March 26, 2025	ORDER by Magistrate Judge Kevin R. Sweazea ADOPTING 45 JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN, filed by Human Rights Defense Center. (ldm) (Entered: 03/26/2025)	RECAP
54	March 26, 2025	SCHEDULING ORDER by Magistrate Judge Kevin R. Sweazea. Fact Discovery due by January 30, 2026. Expert Discovery due by March 31, 2026. Dispositive Motions due by April 30, 2026. Consult attached order for additional deadlines. (ldm) (Entered: 03/26/2025)	RECAP
55	March 26, 2025	MINUTE ORDER by Magistrate Judge Kevin R. Sweazea. After consultation with the parties, the Court will monitor the docket and set a status conference for the purpose of setting a date for holding a settlement conference once there is a ruling on the pending motions 2, 28, 30 . Should the parties want a settlement conference sooner, they should jointly contact chambers about setting a status conference. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm) (Entered: 03/26/2025)	RECAP
	March 26, 2025	Minute Order
56	April 8, 2025	NOTICE by Human Rights Defense Center Notice of Good Standing (Attachments: # 1 Exhibit Benjamin Bien-Kahn) (Flores, Adam) (Entered: 04/08/2025)	RECAP
57	April 8, 2025	ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Human Rights Defense Center by Adam C. Flores on behalf of: Benjamin Joseph Bien-Kahn Rosen Bien Galvan & Grunfeld LLP 101 Mission Street, Sixth FloorSan Francisco, CA 94105 415-433-6830 Fax 415-433-7104 BBien-Kahn@rbgg.com (Association Dues - Online Payment) (Flores, Adam)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/08/2025)	RECAP
	April 8, 2025	Association Dues Received: $ 100 receipt number ANMDC-9877677 re: # 57 Association of Attorney Licensed Outside the District, filed by Human Rights Defense Center (Payment made via Pay.gov)(Flores, Adam)
58	April 18, 2025	Unopposed MOTION for Extension of Time to File Response/Reply by Michelle Lujan Grisham. (Carrillo, Raul) (Entered: 04/18/2025)	RECAP
59	April 18, 2025	REPLY to Response to Motion re 28 MOTION to Dismiss Party filed by Michelle Lujan Grisham. (Carrillo, Raul) (Entered: 04/18/2025)	RECAP
60	April 21, 2025	NOTICE of Briefing Complete by Michelle Lujan Grisham re 28 MOTION to Dismiss Party filed by Michelle Lujan Grisham (Carrillo, Raul) (Entered: 04/21/2025)	RECAP
61	May 22, 2025	CERTIFICATE OF SERVICE by Human Rights Defense Center (Bien-Kahn, Benjamin) (Entered: 05/22/2025)	RECAP
62	June 9, 2025	CERTIFICATE OF SERVICE by Human Rights Defense Center re Pltf's Notice of Deposition of Def Maciel (Bien-Kahn, Benjamin) (Entered: 06/09/2025)	RECAP
63	June 20, 2025	Opposed MOTION to Stay Discovery Pending Ruling On Motion to Dismiss by Michelle Lujan Grisham. (Carrillo, Raul) (Entered: 06/20/2025)	RECAP
64	June 20, 2025	Opposed MOTION for Extension of Time to Complete Discovery For Defendants Lucero, Martinez, and Maciel by Alisha Tafoya Lucero. (Carrillo, Raul) (Entered: 06/20/2025)	RECAP
65	June 26, 2025	ORDER by Magistrate Judge Kevin R. Sweazea re 64 OPPOSED MOTION FOR EXTENSION OF TIME FOR DEFENDANTS LUCERO, MARTINEZ, AND MACIEL TO RESPOND TO PLAINTIFF'S DISCOVERY REQUESTS ("Motion"). Plaintiffs are directed to file a response to the Motion by noon on July 2, 2025. The deadline for Defendants' response to Plaintiff's Discovery Requests is stayed pending resolution of the Opposed Motion 64 . [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm) (Entered: 06/26/2025)	RECAP
	June 26, 2025	Order AND ~Util - Set Deadlines
66	July 1, 2025	RESPONSE in Opposition re 64 Opposed MOTION for Extension of Time to Complete Discovery For Defendants Lucero, Martinez, and Maciel Plaintiff's Opposition to Motion for Extension of Time for Defendants Lucero Martinez and Maciel to Respond to Plaintiff's Discovery Requests filed by Human Rights Defense Center. (Attachments: # 1 Declaration of Benjamin Bien-Kahn) (Bien-Kahn, Benjamin) (Entered: 07/01/2025) 1 Declaration of Benjamin Bien-Kahn View on PACER	RECAP
67	July 3, 2025	RESPONSE in Opposition re 63 Opposed MOTION to Stay Discovery Pending Ruling On Motion to Dismiss Plaintiff's Opposition to Motion for Stay of Discovery Pending a Ruling on the Motion to Dismiss Defendant Grisham filed by Human Rights Defense Center. (Bien-Kahn, Benjamin) (Entered: 07/03/2025)	RECAP
68	July 9, 2025	CERTIFICATE OF SERVICE by Human Rights Defense Center (Bien-Kahn, Benjamin) (Entered: 07/09/2025)	RECAP
69	July 14, 2025	MOTION to Amend/Correct 1 Complaint, Plaintiff's Unopposed Motion for Leave to File Amended Complaint by Human Rights Defense Center. (Attachments: # 1 Declaration of B. Bien-Kahn iso Plaintiff's Unopposed Motion for Leave to File Amended Complaint) (Bien-Kahn, Benjamin) (Entered: 07/14/2025) 1 Declaration of B. Bien-Kahn iso Plaintiff's Unopposed Motion for Leave to View on PACER	RECAP
70	July 15, 2025	REPLY to Response to Motion re 64 Opposed MOTION for Extension of Time to Complete Discovery For Defendants Lucero, Martinez, and Maciel filed by Gary Maciel, Melanie Martinez, Alisha Tafoya Lucero. (Attachments: # 1 Exhibit Exhibit 1) (Carrillo, Raul) (Entered: 07/15/2025) 1 Exhibit Exhibit 1 View on PACER	RECAP
71	July 15, 2025	ORDER by Magistrate Judge Kevin R. Sweazea granting 69 Unopposed Motion For Leave To File Amended Complaint. Plaintiff shall file the first amended complaint attached as Exhibit A separately on the docket within seven (7) days of the date of this order. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ldm) (Entered: 07/15/2025)	RECAP
	July 15, 2025	Order on Motion to Amend/Correct
72	July 16, 2025	CERTIFICATE OF SERVICE by Human Rights Defense Center (Bien-Kahn, Benjamin) (Entered: 07/16/2025)	RECAP
73	July 17, 2025	REPLY to Response to Motion re 63 Opposed MOTION to Stay Discovery Pending Ruling On Motion to Dismiss filed by Michelle Lujan Grisham. (Carrillo, Raul) (Entered: 07/17/2025)	RECAP
74	July 18, 2025	NOTICE of Briefing Complete by Gary Maciel re 64 Opposed MOTION for Extension of Time to Complete Discovery For Defendants Lucero, Martinez, and Maciel filed by Alisha Tafoya Lucero (Carrillo, Raul) (Entered: 07/18/2025)	RECAP
75	July 18, 2025	NOTICE of Briefing Complete by Michelle Lujan Grisham re 63 Opposed MOTION to Stay Discovery Pending Ruling On Motion to Dismiss filed by Michelle Lujan Grisham (Carrillo, Raul) (Entered: 07/18/2025)	RECAP
76	July 18, 2025	AMENDED COMPLAINT First Amended Complaint for Declaratory and Injunctive Relief and Damages Under the Federal Civil Rights Act against All Defendants. adding Management & Training Corporation, Daniel Marquardt and Scott Marquardt, Daniel Marquardt, Scott Marquardt and Management & Training Corporation., filed by Human Rights Defense Center. (Bien-Kahn, Benjamin) (Entered: 07/18/2025)	RECAP
	July 21, 2025	Summons Issued as to Management & Training Corporation, Daniel Marquardt, Scott Marquardt on Amended Complaint. (dr)
	July 21, 2025	Summons Issued
77	July 22, 2025	ORDER by Magistrate Judge Kevin R. Sweazea DENYING 63 Opposed Motion For Stay Of Discovery Pending A Ruling On The Motion To Dismiss Defendant Grisham; and DENYING 64 Opposed Motion for Extension of Time For Defendants Lucero, Martinez, and Macie l To Respond To Plaintiff's Discovery Requests. The State Defendants are ORDERED to respond to Plaintiff's May 22, 2025 discovery requests (First Set of Interrogatories and First Set of Requests for Production of Documents) on or before fourteen (14) days from entry of this Order. The deadline for Plaintiff to amend pleadings or join additional parties is extended as set forth in the attached order. Consult order for additional details and deadlines. (ldm)	RECAP
78	July 22, 2025	ORDER by Magistrate Judge Kevin R. Sweazea. Telephonic Status Conference set for September 24, 2025 at 09:30 AM. The parties are directed to call Judge Sweazea's WebEx teleconference line at (855) 244-8681, and enter Meeting Number 2300 989 9447#, to be connected to the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm) (Entered: 07/22/2025)	RECAP
	July 22, 2025	Order AND ~Util - Set Hearings
79	July 28, 2025	SUMMONS Returned Executed by Human Rights Defense Center. Management & Training Corporation served on 7/22/2025, answer due 8/12/2025. (Bien-Kahn, Benjamin) (Entered: 07/28/2025)	RECAP
80	July 30, 2025	NOTICE by Human Rights Defense Center Notice of Good Standing (Attachments: # 1 Exhibit A) (Schauer Ives, Laura) (Entered: 07/30/2025)	RECAP
81	July 30, 2025	ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Human Rights Defense Center by Laura Schauer Ives on behalf of: Brenda Munoz Rosen, Bien, Galvan and Grunfeld LLP 101 Mission Street, Sixth FloorSan Francisco, CA 94105 (415) 433-6830 Fax (415) 433-7104 BMunoz@rbgg.com (Association Dues - Online Payment) (Schauer Ives, Laura)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/30/2025)	RECAP
82	July 30, 2025	SUMMONS Returned Executed by Human Rights Defense Center. Scott Marquardt served on 7/30/2025, answer due 8/20/2025. (Bien-Kahn, Benjamin) (Entered: 07/30/2025)	RECAP

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Case Details

State / Territory:

New Mexico

Case Type(s):

Prison Conditions

Jail Conditions

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 25, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a nonprofit organization which distributes educational and political material to incarcerated persons in all U.S. states

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Private Entity/Person

Chief Executive Officer of The GEO Group, Inc.

President/Chief Operating Officer of The GEO Group, Inc.

State

Cabinet Secretary of the New Mexico Corrections Department

Deputy Secretaries of the New Mexico Corrections Department

Governor of New Mexico

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

District of New Mexico 1:24-cv-01091

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Mail

Recommended Citation

Case Summary of Human Rights Defense Center v. Lujan Grisham, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46382/ (last updated 4/14/2025).