Case: Fusilier v. New Mexico Corrections Department
D-101-CV-2025-01194 | New Mexico state trial court
Filed Date: May 8, 2025
Case Ongoing
Clearinghouse coding complete
Case Summary
This case concerns New Mexico Corrections Department’s allegedly unlawful conduct of subjecting incarcerated individuals to months, sometimes years, of solitary confinement in cruel and unusual conditions.
On May 5, 2028, three incarcerated individuals filed a class action in New Mexico state trial court lawsuit after being subjected to allegedly cruel and unusual treatment by their placement in solitary confinement. The plaintiffs are represented by the American Civil Liberties Union (ACLU) of New Mexico and private counsel. The plaintiffs sued the New Mexico Department of Corrections (NMDC), Penitentiary of New Mexico (PNM), and 50 unnamed individuals. The plaintiffs asserted that the defendants’ solitary confinement program violates the New Mexico State Constitution’s protection against cruel and unusual punishment. They sought declaratory relief, an injunction of the plaintiffs’ and similarly situated individual’s solitary confinement sentence, and attorney’s fees. The plaintiffs sought to represent a class of all individuals who are, or will be, placed in the solitary confinement program of the NMCD. Additionally, the plaintiffs with a “serious mental illness” sought to represent a “Subclass” of all individuals diagnosed with a serious mental illness who are, or will be, placed in the solitary confinement program of the NMCD. The case was assigned to State Trial Court Judge Matthew Justin Wilson.
In their complaint, the plaintiffs allege that the PNM’s solitary confinement program inflicts severe physical and psychological harm on the inmates subject to this punishment that rises to a level of cruel and unusual punishment. Specifically, the plaintiffs assert that the defendants isolated the plaintiffs in 8 by 10 foot cells for 23-24 hours a day for months, sometimes years, at a time. During solitary confinement, the defendants often restricted the plaintiffs’ access to necessities such as clean food and water, time outdoors, communication with their families, mental health services, and medical services. Additionally, the plaintiffs claim that the solitary confinement punishment program fails to meet its stated goal of rehabilitation as individuals often leave the program in a worse physical and mental state than upon entering.
As of September 2026, this case is ongoing.
Summary Authors
Carley Broekhuizen (10/2/2026)
Documents in the Clearinghouse
Docket
Docket sheet not available via the Clearinghouse.Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: May 8, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Individuals incarcerated at the Penitentiary of New Mexico subjected to solitary confinement.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
State
New Mexico
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Other Dockets:
New Mexico state trial court D-101-CV-2025-01194
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Solitary confinement/Supermax (conditions or process)
Case Summary of Fusilier v. New Mexico Corrections Department, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46749/ (last updated 10/2/2026).