Albuquerque, New Mexico pro se Plaintiff sued Defendant without a lawyer on a civil rights theory.


This matter is before the Court on Plaintiff Donald Thomas Sharp's Criminal Complaint (Doc. 1). Also before the Court are his various motions seeking mandamus relief, to take action against the Public Defender, to amend, to enter evidence, to add defendants, and for an injunction. See D... More...    $0 (07-10-2023 - NM)

This civil rights class action lawsuit was filed thirty years ago to challenge
various aspects of the institutionalization of developmentally disabled individuals at
two state-supported facilities in New Mexico. After a lengthy trial in 1990, the
district court ruled that Defendants—the two institutions and the individuals charged
with their operation—were violating class members’ ... More...    $0 (01-23-2018 - NM)

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...    $0 (01-30-2018 - NM)

New Mexico appeals the district court’s grant of Debra Hatten-Gonzales’s
motion for a preliminary injunction preventing the New Mexico Human Services
Department from implementing NMAC § 8.139.410.14, a regulation
implementing federal restrictions on food stamp benefits, until December 31,
2016. Hatten-Gonzales filed the motion pursuant to a consent decree that has
* This order ... More...    $0 (05-16-2017 - NM)

Las Cruces, NM - Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking Charges

Gilbert Nick Montes, 36, of Roswell, N.M., pled guilty to federal methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.

Montes was arrested on Nov. 30, 2015, on a criminal complaint charging him with committing a methamphetamine trafficking offense in Ch... More...    $0 (09-16-2016 - NM)

Defendant Robert Tufts, a male in his late thirties, filmed himself masturbating,
4 saved the electronic image on a secure digital (SD) memory card, inserted the card
5 into a cell phone, handed the cell phone to a fifteen-year-old girl (Child) with whom
6 he had developed an intimate but non-sexual relationship, and told her there was a
7 surprise on the phone for her. Defendant ... More...    $0 (06-02-2016 - NM)

In 2008, the Commission approved a version of the Pit Rule (the 2008 Rule).
3 In 2009, the Commission amended a portion of the 2008 Rule (the 2009
4 Amendment). Both the 2008 Rule and its 2009 Amendment were appealed to the First
5 Judicial District Court by entities affiliated with the oil and gas industry, and the
6 district court certified the appeals to this Court; we stayed ou... More...    $0 (02-29-2016 - NM)

The Court takes its facts from the Revised Presentence Investigation Report, disclosed December 3, 2014, revised January 15, 2015 ("PSR"), that the United States Probation Office ("USPO") prepared. On March 11, 2014, Michael Tafoya pulled out a driveway onto the road, while a green jeep was traveling down the same road. See PSR ¶ 7, at 5. Rodella, Jr., who was driving the jeep, began flashing the ... More...    $0 (12-13-2015 - NM)

The Court takes its facts from the Revised Presentence Investigation Report, disclosed December 3, 2014, revised January 15, 2015 ("PSR"), that the United States Probation Office ("USPO") prepared. On March 11, 2014, Michael Tafoya pulled out a driveway onto the road, while a green jeep was traveling down the same road. See PSR ¶ 7, at 5. Rodella, Jr., who was driving the jeep, began flashing the... More...    $0 (12-02-2015 - NM)

Since 1975, we have held that provisions precluding government employees
4 from seeking elective office are constitutionally permissible personnel rules
5 regulating conflicts of interest. See State ex rel. Gonzales v. Manzagol, 1975-NMSC-
6 002, ¶¶ 18-19, 87 N.M. 230, 531 P.2d 1203. These personnel rules act as conditions
7 of employment, and therefore do not constitute added qual... More...    $0 (09-09-2015 - NM)

{1} “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.â€� N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisio... More...    $0 (01-10-2014 - NM)

This case requires us to consider state campaign finance regulations in light of the Supreme Court’s ruling in Citizens United v. FEC, 558 U.S. 310 (2010). Citizens United held that federal election law violated the First Amendment by restricting independent political spending because the speaker was a corporation—the holding allowed corporate entities to make unlimited independent expenditure... More...    $0 (12-18-2013 - NM)

The Humane Society of the United States sued the State of New Mexico, Department of Agriculture seeking to prevent the State from approving the opening of a horse slaughter house claiming that the State failed to conduct proper environmental studies before it issued permits to Valley Meat Co., Roswell, New Mexico and an Iowa company to slaughter horses for human consumption.

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The City of Albuquerque, Martin Chavez, and Robert White (collectively, the “Cityâ€�), appeal a jury verdict finding that they retaliated against Plaintiff - Appellee Judy Kelley, formerly an Albuquerque assistant city attorney, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the New Mexico Human Rights Act (“NMHRAâ€�), N.M. STAT. ANN. § 28-1-1 et se... More...    $0 (09-17-2008 - NM)

{1} This litigation stems from a dispute over the proper calculation of royalty payments on state oil and gas leases. In New Mexico, the Commissioner of Public Lands (Commissioner) “is hereby authorized to execute and issue in the name of the state of New Mexico, as lessor, leases for the exploration, development and production of oil and natural gas, from any lands belonging to the state of New... More...    $0 (08-24-2012 - NM)

New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (“CDIAâ€�), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (“FCRAâ€�). T... More...    $0 (05-07-2012 - NM)

This is the second appeal in litigation arising from the Secretary of Health and Human Services’ (“HHSâ€�) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe (“Tribeâ€�). In an initial order, the district court ruled that HHS’s decision was unlawful, granted summary judgment to the Tribe, and directed the parties to prepare a proposed order for inju... More...    $0 (09-19-2011 - NM)

The district court decided 42 C.F.R. § 418.309(b), the United States Department of Health and Human Services’ (HHS) regulation implementing an annual cap on payments to hospice providers, is contrary to the plain language in 42 U.S.C. § 1395f(i)(2)(A) and remanded the case to HHS for it to recalculate payment obligations in a manner compatible with the statute. The HHS appealed from its decisi... More...    $0 (06-23-2011 - NM)

In this litigation, Plaintiffs challenge New Mexico’s statutory scheme regulating title insurance, arguing it is contrary to state law. Here, Plaintiffs appeal the district court’s decision dismissing their claims against several title insurance companies that have complied with this New Mexico law. Having jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.1

I. BACKGROUND

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Pro se plaintiffs-appellants Gary and Jeanne Lyon appeal from the district court’s judgment entered in favor of defendants-appellees Esteban A. Aguilar and Aguilar Law Offices, P.C. (“ALOâ€�). On appeal, plaintiffs challenge the district court’s orders (1) granting summary judgment in favor of defendants on all claims in the complaint; (2) denying plaintiffs’ motion to amend their complain... More...    $0 (02-11-2011 - NM)

This case is about the role of the New Mexico Public Education Department (NMPED) in a high-functioning autistic child’s education. That child, M.C., was educated at home for 18 months as his parents, Simon Chavez and Beverly Nelson, and Tularosa Municipal Schools (Tularosa), their local school district, attempted to resolve their differences regarding M.C.’s education through the administrati... More...    $0 (10-08-2010 - NM)

This case is about the role of the New Mexico Public Education Department (NMPED) in a high-functioning autistic child’s education. That child, M.C., was educated at home for 18 months as his parents, Simon Chavez and Beverly Nelson, and Tularosa Municipal Schools (Tularosa), their local school district, attempted to resolve their differences regarding M.C.’s education through the administrati... More...    $0 (10-08-2010 - NM)

Nancy Lewis appeals from the district court’s denial of her motion to proceed in forma pauperis (IFP), its dismissal of her action with prejudice on the ground that it had become moot, and its denial of her motion for reconsideration. She also seeks to proceed IFP on appeal. Because her appellate arguments are frivolous, we deny IFP and dismiss this appeal.

Background

On July 2... More...    $0 (09-01-2010 - NM)

Steffan Hobbs, by and through his parents as next friends, sued several employees of the New Mexico Human Services Department (“NMHSDâ€�) following that agency’s denial of Hobbs’ application for Medicaid benefits. NMHSD’s denial turned on its determination that a certain trust was a “countable resourceâ€� because the trust was not being administered for Hobbs’ sole benefit. Hobbs advan... More...    $0 (09-01-2009 - NM)

In litigation arising from the Secretary of Health and Human Services’s (“HHSâ€�) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe, the district court issued two operative orders: the first order determined that the HHS decision was unlawful, granted summary judgment to the Tribe, and ordered the Tribe to prepare a form of an order for injunctive reli... More...    $0 (05-04-2009 - NM)

{1} In this case, we consider whether City of Albuquerque Ordinance C/S O-06-21, the Assisted Outpatient Treatment Ordinance (the Ordinance), is preempted by state law. First, though, we must consider whether Plaintiffs, Jane Does 1 through 3, John Doe 1, and Protection and Advocacy System (P&A), have standing to challenge the Ordinance. We agree with the district court that Plaintiffs have s... More...    $0 (08-05-2008 - NM)

{1} Rio Rancho Public Schools, Rio Rancho Superintendent Dr. Sue Cleveland, and Rio Rancho High School Principal Richard Vonancken (collectively “the Schoolâ€�) have petitioned this Court to issue a writ of error directing the district court to (1) dissolve an injunction it orally issued on May 12, 2006, ordering the School to allow Marcus Williams (Williams), a student at Rio Rancho High S... More...    $0 (09-11-2008 - NM)

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between the inj... More...    $0 (06-27-2008 - NM)

{1} The Rio Grande Kennel Club and a number of individual dog owners, kennel owners, and veterinarians (collectively, Plaintiffs) filed a complaint in the district court seeking declaratory judgment and injunctive relief against the City of Albuquerque (the City) regarding the City’s Humane and Ethical Animal Regulations and Treatment ordinance (HEART). HEART regulates the ownership and car... More...    $0 (06-02-2008 - NM)

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between the inj... More...    $0 (07-30-2008 - NM)

{1} We granted certiorari to review whether Defendant Dell Computer Corporation’s Motion to Stay and Compel Arbitration pursuant to the Federal Arbitration Act was properly granted. We hold that, in the context of small consumer claims that would be prohibitively costly to bring on an individual basis, contractual prohibitions on class relief are contrary to New Mexico’s fundamental publi... More...    $0 (07-30-2008 - NM)

{1} Defendant appeals from a district court order granting Plaintiff authority to relocate a road used to access Plaintiff’s gas wells on Defendant’s property. Defendant argues that Plaintiff is required to maintain and repair the existing access road, which was washed out by the adjacent river and made impassable, rather than relocate the access road. We affirm the district court, holdin... More...    $0 (04-28-2008 - NM)

{1} In this appeal, we consider the right of surface owners Defendants Clay and Jeri Osborn to equitable compensation resulting from oil, gas, and mineral lessee Plaintiff Smith and Marrs, Inc.'s state-mandated obligation to drill and oversee monitoring wells on Defendants' land. We conclude that (1) the leases at issue do not include express language that permits Plaintiff to drill and overs... More...    $0 (02-14-2008 - NM)

Bob and Susan Burrell ("the Burrells") filed this action against the Santa Ana Pueblo ("the Pueblo"), a federally recognized Indian tribe; Leonard Armijo, Governor of the Pueblo; Lawrence Montoya, Lieutenant Governor of the Pueblo; Nathan Tsosie, Tribal Administrator of the Pueblo; and Jerry Kinsman, Farm Administrator of the Pueblo, for violations of their civil rights pursuant to 42 U.S.C. §... More...    $0 (07-26-2006 - NM)

Benjamin J. Chavez and Viola F. Chavez, doing business as Santa Fe Southwest Jewelry ("Chavezes"), street vendors in Santa Fe, New Mexico filed a civil rights action in the United States District Court for the District of New Mexico against Bennett Propp, Carmelita Houtman and Debi McNeil, also street vendors in Santa Fe, New Mexico. After filing an answer, the defendants filed a joint motion t... More...    $0 (11-09-1999 - NM)

The City of Santa Fe, a political subdivision of the State of New Mexico, adopted an ordinance (the "Ordinance") which established new procedures for telecommunications providers seeking access to city-owned rights-of-way. Qwest Corporation ("Qwest") provides telecommunications services in Santa Fe and utilizes the rights-of-way. Qwest brought suit in federal district court seeking a declarati... More...    $0 (08-26-2004 - NM)

Neighbors for Rational Development, Inc. ("Neighbors"), appeals a district court order upholding a decision made by the Secretary of the United States Department of Interior ("Secretary") to acquire certain property in trust for the nineteen Indian Pueblos of New Mexico. After reviewing the record and the parties' arguments, we conclude that to the extent Neighbors requested relief would divest... More...    $0 (08-05-2004 - NM)