FILED IN MY OFFICE

DISTRICT COURT CLERK

4t17 t2015 12.22:15 PM
WELDON J. NEFF
DorothY Rowe

STATE OF NEW MEXICO

COLINTY OF SAN TUA}I
ELEVENI-FI JUDICIAL DISTRICT
iI.I THE DISTRICT COURT
JESSE BURKEE,

LARTET CFIARLES,
GORDON DOUGLAS DERRICK,
AAROI{ EATON,
CAI.VTN [-'INCH,
PAUL GOULD,
JOSEPH GUTIERREZ,
MARK }IINOJOS,
THOMAS KNIGI{1"
,qURELIO MARQUEZ,
LOUIS MARTINEZ,
MARK MARTII\.IEZ,
R{.]DY MARTINEZ,
RICI'IARD McllONr\LD,
STEVE PARzuSH,
CLIFF'ORD ROGERS,
ADAhd SC:HUIISSI.ER,
JASON TRLTJtrLLO,
Plaintiil's,
V"

No.

D-1116-CV-2015-00453

SAN JUAN COI]NTY DETENTIO}.{ CENTER T.,SJCDC"),

SAN JUAN COUNTY,
coRRFlClloN AL HEALTHCARE COMPANIES, INC. (*CHC"),
SAN JtiAN I{EGIONAL MEDICAL CENTER ("SJRi'IC"),
TI{O1\4AS C, FIAVb:L,INDIVIDUALLY AND AS
ADMINSI]IATOI{, SAN JUAN
COUN'T'Y DE,]-FNT[ON CENTER,
Ilefendants.

COIyIE NOW the plaintiffs, hy and through their attomeys L{itchel S. Burns,

Christian A.. Hatfietrl, Tucker, Burns, Yoder & Hatf,reld and cornplain as follorvs:

i.PlaintiffsareindividualresidentsofSanJuanCountywhorvereandare
incarcerated in

Z.

sJcilc

in the SJCIIC betrveen 2013 and the present'

to vindicate serious
This action is brought on behalf of plaintitl-s to vindicate

deprivations of their constitutional and state law rights'

3.

All ofthe named plaintiffs

suffered injuies as a result of insufficient

neecls and violations of their

rnedicai care, severe and deliberate indif,f,erence to their heatrth

civil rigtrts under the united states and New lvfexico constitution'

4.

New
A,ll of the events described herein occurred in san Juan County,

Mexieo.

5.

Defendant

cFIc is a.Delaware corporation doing business in New Mexico

to inmates at the San

pursuant to a contract with San.Iuan County to provide medical $are
17,2014.
Jnan County Detention center cofltract that expired February

6.

in New
Def-enilant SJRMC is aNew ivlexico corporation doing business

care to inrnates at
Iv{exico pursuant to a contract with San Juan County to provide medical

the San Juan County Detention Center frorn Fobruary 17,2014 to present'

7.

Defbnriant Havel is ihe Administrator of S.lCRh4O and the proper individual

disregard f,or
to be sued under 14 L1.S"C. $ 1983 for deiibsrate indifltrence ani reckless
inrnates' reasonable rnedical care.

g.

Def'endants CHC anel SJRMC are prclper entities be sued under 42 U.S-C. $

training
1983 for deliberately indifferent policies, practices, hahits, customs' procedures,
tire prcvision
and supenision of staff. including of iniJividual Defendauts, r.vith respect to

of

emergsncy medical needs'

medicai care and treatment f,or imnates with serious

g,!.}e,fendarrtsCFIC,S]RMCareproperlySuedfornegligenceasthey
any imrnunity under the Nerv fuIexico Tort Claims
are private corporations, not entitled to

Act.

10'I}e.ferrdantSarrJuanCourrtyisthepublicentityresponsiblefortheSan
Juar: CountY Detention

faciliry'

ll.Tortciaimnoticewastimelyanelindividuallysentpursuanttothe}"{ew
MexicoTortClaimsActforeachofther:amedplaintifrs,

17.

fbr negligent delegation

san Juan cotmrty is the proper party to be sued

of decision-rnaking authority to

cr{c

delegated
dnd sJR}/Itl acting as contractual final

indilTerent policies and practices for the

rlecision-rnakers with respect to th+ deliherately
the San Juan County Detention Cenier'
care and treatrnent of persons irrcarcerated in

13.SanJuanCarurtyisthepropefypartyresptlnsibletbrthedeliberatei-rl
indifferent and negtrigent actions of its SJCDC employees'
$TAI.FTMqNT Oq.F'APTS

14.

on i*for:matio6

and the
and belief, the contract between San Juan County

basis for prisoters transported

individuat defendants requirerl payment on a per-transport

established prncedures and protoceils to

&om sJCilc tbr n.redical oare; SJCDC intentionally
Save money lry

exeept in the most

not transporting irutates in need of serious roedical care

extrerne circumstrurces.

i5.
by, inter

alia,

.fhe

merlical care
inclividual clefelrdants deprive,l plaintiffs of reasonable

except in cases of exffeme

rcfusing to a[!cr.r, thern to be treated by physicians

professionals'
urgency ancl relegateri their care to non-medicai

l6.Asadirecta*dproximateresultoftirewrongfulconductofeacl:ofthe
These injuries include' but are not
Det'endants, Piaintiffs have heen suhstantialiy injrued'

irnpainnents and dis{igurentent'

liniited to, loss of constitutional dgfuts, physical injuries,
and emotional distress' anxiety'
exaeerbalion ofpre-existing mer{ical condition-c" pain, sufibring
darnages for medically lelated
shock, sadness. depression. anger, stress, and special

atrocious eonduct of
treatrnent cal.rsed by the unconstitutional. negiigent, and

tbrese

Defbndants.
JE$9.8 EIJRKEE

lT.BurkeewasincarceratedintlreSJCDCinJtlly2aL4,

18.

treated
Burkee infior:ri1erl jail staff he sutl'ererl ftom severe anxiety

-,r4th presoribed Cionazepam..

19.

for fortyBurkee r+as denied cloflazepam or any substitute thereof

in"ith withdrawal frorn

nine days and place,J in isolation based on behaviors associated

his prescribed meclieation and resultant severe social anxiety.

20.

prior to November 2{114, SJCI}C staff informed Burhee they planned

to place Burkee back into general population'

ZL.

likeiy
Eurkee intbnned staff that his severe untreated anxiety would

population'
result in his sulTering a seizure if he was placed back into general

22"SJCDCplacedBurkeewasplacedbackintogerreralpopulation.

23.

As a result, Burkee sufl-ereil a seizure and

ftll,

trreaking ibur of his

distress'
liont teeth, causing him ssvere pain, sutfering and sevEle emotional

24.

Ilurkee was denied nredical treatrnent ftrr his seizue and rnouth

isolation'
injuries and was insiead removed baek tr:

25.Burkee,steeth-piecescrfwhic}rweteenrbeddedinthet]eshofhis
mouth-were left untreated ibr approxirnately 48 hours'

23.Afterapproximateiy4gdaysindetention'Burkeewasfinally
prcvided anti-anxiety meili{ration (thr:ugh not Cionazepam)'

LffiP.THABLES

26.

Charles rvas incarcerated at the SCJDC'

2T.CharlesinformeclSJCDCstaffthathewassufferingfrom
requests f,or rnedical
itrtermittent tremors reiated to a medical condition; despite

resulting in the intermittent i:'emors

treatment, charles was denied appropriate care,
becoming Permane,lrt.

2S,Easedonctlrrentmedicalproglosis,Charlesisexpectedtosutler
by provision of
tlorn lifetinle permanent tremors, x'hich could have heen al'oided
appropriate medical care.

29"onFebruary2s,Z}Tl,plaintiffCharlesnoteelthatthea.m.
distribution, leading to
meilication cart nurse sets up medications in advance of mornittg
rnedioations wtren
mixups in ditferent patients' medications; the nurse also substituted

slow release versus fast

medicatiols ran out, lead,ing to higher or iower dose substitutes,
and widely varied medication
acting n:erlication and vice-versa, resulting in inconsistnt
doses.
,Q Q

RD

oN

D ou-G

LAS-.il.trK.BieK

30"Den"icku,asingarceratedinSJCDCinFebruary2013for
misdemeanor charges that were eventLraily disraisserl"

31'Derrick-tvhoisdisabled--'inforrnedSJCDC.asdidDenick,s
and in need of ongoing meclication
mother, that Deuick *'as disabled, on rnedication,
managernent.

32.

oral requests for

Despite Derrick's disability and repeated written and

denied access to
medical attention, Den"ick was repeatedly reshained, consisterrtly
suffered injuries as a result'
reasonatrle medical care, improperiy medicated, and

AABQ.!{.EATO.N

33.

pains in his groin and

I-iaton wa"s jailed at SJCDC suffering from bad

abdomen.

34,

to
Eaion,s mother, Charlene liaton, called jait personnel repeatedly

Aaron would have to

request medical care for her son; she and was told that

fill

out a

medical request.

35.

SJCDC
Eaton fillerl out numerous rnerlical request anrl rvas toid by

to hr:nor all of them'

siaff thai there were too many inmates with medical requests

36.

!-iaton's mother continued to contact

jail personnel over the course of

sutTering lrom a
approximately one week to infonn them of her belief that her son was
sericlus medisai crisis.

37.

Ms. Iiaton finally spoke tith a sergeant cook, who took her

SCR.MC'
concerns seriousiy and arranged fr:r Eaton to he transpofied to

3g.

At

the hospital, merlical persorurel imrnediately identifred arr acute

appenilix crisis and scheduied fiaton for immediate surgery'

36.

Eaton suffer-ed for approxirnately five days from an acutte' dangerous

intense pain and

and potentially fatal medical conditions with no care, and exprienced

suffering.

q4!eEs.rNeg

37.

Finch was incareeraterj at the SJCDC'

38.Firrclrsufferedfrombackpairrfromduetoaaspinalcondition

39.

problem's, for wldch

Finch infomreel SJCD staff clf persistent healttr

SJCDC refused to provide medieai care'

40.duetothelackofreasorrablenredicalcare,Finchsuffered
exacerbation ofpre-existing back pain and injury'
PA{ II, GOULD

41.

frorn high blood

Gould was incar.cerated al the SCJDC srffering

pressure and other nredical conditions'

42.

EtTexor,
Goulel was on prescribed meriications, ineluding

Abilify

and

Gould requested that staff

other prescription medication at the time of his incarceration;
but was elenied essential doctora1low him to continue to take his prescribed rledioation,
pre-existing medieal conditioirs'
prescribed medicarions, resulting in exacerbaticin of his
TO$FFH G-UTIEEBEZ

43,

frr:nr his
Gutien.ez w.as incarcerated at SJCDC; lre provided a letter

rvas undergoing ongoing

private doctor at UNM Medical Group indicating thal he

rnedical care ibr sever chronic illnesses'

44,Gutierrez,;rrivatedoctorrecommendedaCATscananel}vfRldueto
possibie serious complications frorn his rnedical conditions.

45.

rnedically
Gutien"ez requestertr SJCDC altow him to obtain these

rienied, leading to exacer'bation

necessary diagnr:stio treatments; those requests were

of

medical con'Sitions' and potential

pre-existing conditions, inability to diagnose other
shortening of Plaintiff s trife'

46,

ltotn serious dental

Gutierrez also inlbnned statT that he suffered

all requests for oratr surgery or dental

issues and neeelerl oral surgery; SJCIIC' ret-used
care,

MABK I{INOJOS

47,

Ftinojos was detained at

sJcDc; during his incarceration, Hinoios'

thumb w'as l:roken by detention center staff'

43.llinojoslvasnotprovi<lerlmecliealgareforhishrokenthumhfor
more than amonth.

49.Asaresult,histhrrmbdidnothealproperlyandmayreqtrire
additional

ca.re.

rEqu4sslsffi
S0.KfiightwasincarceratedatSJCi}Csufferingfi.onravariety
of medical conditions, including arthritis, scoliosis and hypoglycemia.

51.

While incarcerated, Knight fraetureei his thr.rmb and rvas transported

he lvould require
to the emergenoy room at SJRMC. where he was infon'ned that

surgefy.

52.

Knight lvas schedulerl for sr.rigery, but sJCDC faiied to transport

him ibr his surgery" resulting in exacerhation of his injuty'

53.

On or a6out February 23,2015, Knight rvas denied medical attention

for a fever and open sores on his face and mouth'

-54.

A{ter requesting rnedieal attentron" Ifuight was offered oniy aspirin

despite the possibility of severe

and given no antibiotics oI otllef nredical atter*ion,
result.
infection, and suffered fi.om severe pain and suffering as a

55.

on January tr i, 2015, Knight also requested

eare for broken dentutes"

which was not honored.

euRrj.Lrp M4RCIuii

56.

serious ear
Marquez was incarcerated at SJCDC; Marquez suft-ereil a

medicai care' Marquez was

infection rvhile incarceraterl; elespite requests tbr emergency
not transported fcrr emergency care'

57.
ear

f'or his
When fuIarquez was later allowed to see medicai proftssionals

rather than
inf*ction-af1er multiplo requests-he was prescribed saline drops

blood poisoning' and

antibiotics, leading to a resulting major infection, cellulitis,
permanent ear damage.

5S.MarqtlezwasfinallytransportedtoSJR]V{Cwhenhisconditiongrew
of the ear and put on a
increasingly serious; there, he was cliagnosed with eellulitis
morphine IV drip and given anti-ciouing injections'

59.
on the

1foay

antibiotiss
Jail staff rvere instructed t0 fill Marquez' prescription for

h'farquez without
baok frcrn the hospital, but apparently fbrgot, ieaving

antibiotics lbr t*'o {ull days after discharge'

50'Thedelayilrtreatmentresr.rliedinpernranenteardamage,tinnitus
and other injuries"

LOlIIS*ffiB.UN-E?*

5i.

flow
Maitinez lvas incarceraied at SJCDC suffering from 1ow blood

sores, uleers, and blood

in his legs, requiring him to weal complession socks to prevent

clots.

62.

Martinez requested to be allowed to wear compression sccks, which

which have
request was denied., resulting in ulcers, sores, and possible staph infection,
been present sinco October 2014'

63.

Requests for treatment or hospitalization have been denied, despite

this serious medical conditiou.

rYARK h4,5B-TINE):Z

64.

Martinez. while incarcerated at SJCDC, was denied prescription

to be
medication, given the incorrect medication, and reftised food, w-hich is strpposed
eaten with his medication.

65.

On March 3, 2015,

jail statlattempted to force fuIartinez to take the

improper medication, which he refused.

KIgg"t4r\BTIIEU

56.

RudSr

Martiilez was incarceraterl at SJCDC; while incarcerated,

fuferlinez contraeted what the

jail diagnosed

as scabies; he requested medical care' btrt

was denied.
67

Marlinez' infectian progresserl" despito multiple requests far medical

attention lbr this highil'q6nlagious condition; the requests were ignored'

6g.

Martinez rvas later given Benadryl (an antihistamine) for his

hand"
conrlition. ,a'hich hael progressecl tc, the point that ire beeame uurable to use his

RTQHARp- MC-DONAtD

69.

Iv{ci}onald was incarcerated at S.ICDC when he noticed what

then dried'
appeared to be a piinple on his leg, x'-hich he washed with soap and water'
10

McDona[l was seen try medical stat-f and prescribed antibiotics;

7A.

McDonald infonned rnedical staff that he was allergic to sulfa dn-rgs.

71.

After taking the prescribed Bactrirn (sulfamethaxazole and

trirnethoprim), lv{cDonald began to suffer rnuscle pain ancl stiffness, tuming to

unbearable pain; his tliroat alsei began to close.

72.

Nursing sralf at SJCRh4C gave hdcDonald Benadryl and ibuprcfen

and sent him bactr< to his Pod.

By mirlnight, McDonald's condition had worsened to the point where

73.

he was transported to SJ{lllMC.

74.

At the hospital, McDonald was given progesterone and retumed to

75.

L{cf}onaid continued to suffer pain, joint stiffness and rnuscle aches;

jail"

h{cDonald believes he was poisoned by medical staf,f,at the jail'

76.

McDonald tolcl SJCDC staf?he believed he w'as suffering 1}om an

altrergic reaction to the elrug he harl been given'

STEVE-EARRL$IT

?7.

Parristr was incarceruted atthe SJCDC anel denieil prescription

rnedication and/or given ineorreet rnedications'

?8.

Fanish also developed a skin infection that

raras

not treated ancl/or

in:properly treated, resulting in a chronic skin condition'

T]LIFFORD
ry

ROGERS

79.

Rogers was insarcerated at SJCIIC suffering f,'om hypogl.vcemia.

80"

On multiple occasions, itogers was told that the rnedical stat'f'harl run

l1

out of his medication.

81.

Rogers rvas prescribed snacks hetween rneals to control his

diabetes/hypr:giycernia (actually hypoglycemia, but the SJDCD staffconsider both to be

..dia6etic snacks" for malagernent of blood sugar levels); multiple times, Rog*rs did not
receive snacks, or receivecl sack lunches (that normally contain snacks that can tre eaten
betrveen meals) with the snacks missing, making Rogers' hypoglycernic condition

worsen and causing him to suffer tremors"

82.

Rogers rvas taken to medical to discuss the sack lunch issue; the

nrnse told him that he could take either 4 diabetic snacks ot

2 sack lu60he5-(1ake it or

leave it"-.-despite doctor's orders that Rogers be given the sack lunches with smacks.
83.

On Juae

zl,z}l4,Rogers

suffered a seizlre, rvoke up rvitir blood

surrouncling him and a splitting headache, thea suffered another seizure.

84.

l{ogers submitted multipie requests to be seen by meelical slaff tbr a

in
rash, w'hich, &fter being igncred, progressed to being em open sore and large lump
Rogers' groin area.

AnaM

$c_HltE$_s,l'.Ell
85.

Schuessler was incarceratecl at SJCDC; Schuessler r+'as hoth denied

meelication and given the wrong merlication; Schuessler

ha*s

submitted numerous

requests fur meeiicai care and has !:een consistently been denied medical care, resulting

in exaceriration of his condition and other darnages.

86.

Sctruessler put in numergus requests to see Doctar Srnith regarding

changing his moilication, which lvas not functioning effectiveiy, including requests on

(fctober L7,?A14" Decem!:er 27,2014 and had still not seen tire doctor as of the encl rif

t2

February 2015.
87

Schues.sler rvas also informed that medication prescritred by his

"

primary care doctor, Dr. Bliss, to help him breathe, would tlot be given to Sctruesler
because it was not on the approved medications list.
Sehuessler also suffered from an open wound that appeared to he

88.

infected, possibly lvith MRSA (methicillin-resistant staphylococcus atreus, relatively

coilunon in jails) he was denied medical treatment by medical statf'

J.ASAN TEUJI!.I,Q

't-rujillo was incarcerated at SJCDC with a broken foat with pins

89.

placed in the bones; Truiiilo was to have received follow up sare, but was consistently
denied reasonable medical care and prevented from contacting his doctor, resulting in
exacerbation of his eondition, extended liealing time, possible permanent complications
and other damages.

90.

Tmjillo was given the incorect rneelication in February 2015,

making it nearly impossibie iei wake up for neariy three days'

cl,arM$ Hpq,&s},rsH
FIRST CL^AIM FGR
RELIEF: VioEation
of 42 {J.S.C. $ 1983
Eighth Ailrendment FrohlErition Against Cruel smd [Jmusual
Funishrnent

9i.
if firlly

Plaintifls hereby incorporate ail other paragraphs of this Cornplaint

set forth herein,

92.

42 U.S.C" $ 1983 provides that:

l3

as

Every person, lvho under color of any statute-. ordinance, regulation,

custom or usage of any state or territory or the District of Columbia
subjects or causes to be subjected any citizen ofthe united States or
ot}er per,son within the jririsdiction thereof to the deprivation of any
rights, privileges or immunities secured by the constitution and law
shall be liable to the party injured in an action at law, suit in equity, or
other appropriate proceeding for redress . . .

93.

Plaintiffs are citizens of the United States; Defendant Havel is a person

for purposes of 4? U.S.C. $ 1983.

94.

Plaintiffs had a clearly established right under the Eighth Amendrnent

to be free from deliberate indiffbrence and reckless disregard for known sericus medical
needs.

95.

Defendant Flavel" at atl times relevant hereto, was acting under color

of state law.

96.

Havel acted lvith deliberate indifference to Plaintiffs' serious

medical needs and constitutional rights by

willfully ignoring plaintiffs'

repeated requests

for medical attention and intentionaliy deprived plaintiffs of care.

9V.

On infomnation and beliel Havel instmcted SJCDC staffto

intentionaliy deprivedplaintiffs of constitutional rights and violated SJCDC's internal

policies in order to save money98.

As a direct and proximate result of defendant's conduc! plaintiffs

suffered eiarnages in an amouot to be determined at trial, including, without lirnitation,

nredical expenses! disfigurernent, impairrnent, eraotional distress, lost earning capacity
and loss of enjcl,ment of life.

99.

Plailrtiffs are entitled to attomeys' fees and costs pursuant to 42

14

u.S.C.$1988, pre-judgment interest and costs as allowable by federal larv.

t

00.

Plaintiffs also seek appropriate declaratory and injunctive relief

pursuant to 42 U.S.C. $ i983 to redress the ilngoing deliberate indifl'erense in policies,

training and supervision with respect to the serious n'redical needs of patients and
inrnates in violation of the Eighth Amendment of the Constitution.

SBCOND CLAEM F'OII

RELIEF-Iqegfigence
1

01

"

Plainti ffs heret:y incorporate all other palagraphs of this Conaplaint as

if fully

set forth herein.

102.
inactions,

de

By their ccmplained of series and paltern of intentionai ac.ti*ns and

frscto policies, customs, habits, usages, and delegated final decision makers'

decisions, these Defendants acted or failed to act in bad faith and lvith deliberate

indifference to the obvious selious medical neeris of paiients and inmates.

i

03.

fln infonnation and betief, ttrese

llet'endants knew that potentially

serioiis or fatal goilsequences could be suffered by suctr individuai.s by their ch.allenged

policies and practices amd by their failures to properiy train and supervise medieal care and/or
develop adequato policies.

104.

Defendants violated their duty of care to provide reasonable rneclical care

to citizens, many of lvhom have not been canvicted of, any crime, while incarcerated, by, lvithotrt

lirnitation, delaying rnedical care" denying progrer merlications, providing incorrect medications,
delegating medical duties to untrained stat-l', f,ailure tc have rnedical doctors properly supen'ise,

failure to provide adequate care as set forth herein, inclucling improper rnedication managoment,
and deliberately igporing

plaintiffs' serious medical needs for profit.

15

{"r<

The CHC and SJR.h,{C Defendants are vioariously liable fbr the negligent acts

and omissions of their agents an#or ernpleiyees and directly liable for rheir own negligent failures

in training" policies, and practices.

106.

Involved caregivers at the.!ail grossly deviated frorn that standard of sare and

were negligent in failing to properiy care for and treat Plaintiff McGill's knorvn serious medical
neecls in the health care services they failed to
assess

provide. Inter $lis, defendants failed to properly

plaintiffs. failed to provide proper medications in the proper doses, or at all, failed to

evaluate or treat serious medical issues, l'ailure to transport plaintiffs to higher-level n:edical care
when required. faiiure ta provide inmates access to medical doctors and left plaintiffs' serious

medicai needs untreated.

r07.

As a direct result of l)efendants' unlawfirl conduct. Plaintiffs have suf,f,ered

injuries, darnages and losses as described herein entitling them to compensatory and special
damages ineluding attomeys' lees in amounts to be deterrnined at trial.

TT{[RI} CLAIM FTOR RS],[,IEFI*

Yiolations of 42 U.S.C. $$ f2131-12tr34 The Arnericans With $isabilities Act {54ASA")"
1

08.

Ilefendants herein were required by larv to observe and adhere to coilrmon

iaw and statutory laws and civil rights larvs and guarantees in the perfannance of'their duties to
or fc,r those who are disable and are ctretained at the San Juan County iletention Center.

i09.

l]efendants violated their duties under the *\DA to make aceommodations

tr: plaintiffs with known. obvious, and disclosed disabilities.

I t(!

As

result of defendants' actioil.s, plaintiffs suffered damages as described

herein and in an amo$nt to be proven at trial and are entitled to damages, attonreys' fees and
cErsis-

t6

FOURT'I{ CT,AIM FOR RE[,IEF[ntentiomal Infliction of Emotional Distress

I

11.

L12.

Flaintiilb reineorpor*te all the allegations stated above.

Defbndants' behavior, conduct, actions or failures to act, was outrageous and

shocking under the circurnstances.

113.

Defenelants knew or should have known that the

wilifui

and intentional acts or

fuilures to act or recklessiy negligent acts as set fortlr herein rvould inflict sever psychological
and physical injur5, and harm to plaintiffs.

1L4.

As a direct and proximate result of Defendants' outrageous, inappropriate,

irresponsible and illegal recklessness or behavior, I)laintiffs have sufflered severe injury and loss
including death.

FIF'TI{ CI,AEf FOR. RELIEF'

Ileclaratory Relief

115.

Plaintiffs repeat ancl reincorporate the ailegations above.

116.

Defenelants' actions are ongoing, likely to recur, and cause futr.re damages to

plaintiffs and other inmates detainerJ at the SJCDC.

117.

Ileclaratory relief in the f,orm of changes to policies, prooeclures, supervision,

training, and contractual payments for rredical services is necessary to prevent immediate and
irreparable harm, including constitutional and statutory violations, policy violations, serious

injury and death.

118.

Plaintifts requost appointmeirt of a special master or other expe.rt to detern:ine

what declaratory reiief anrl pursuant to what tirne frante,

will ameliorate the existing situation.

PR.AYER FOI{. I}.EI,I.F]P'

Plaintitf prays that this Caurt enter judgment for the Fiaintiffancl against each of the
t7

Defendants and enter the foliowing relief:

l.

Ar+,ard Plaintiffs cornpensatory, non*economic, consequontial and economic

Damages as proven at trial against ali of,the Defendants;

2.

Alvard Plaintiffs speciai damages as proven ai trial;

3.

A'*,ard Flaintiffs punitive damages relating to rhe federal claims brought in

this matter against Individual ilefendanq

4.

Alvard Flaintif& attorneys' fees and costs pursuant to the provisions of 42 U.S.C.

and the.ADA;

5.

Award Flaintiffs interest from the earliest possible date under appropriate

fecleral and. state statutes;

6.

of

Orant plaintiflfs declaratory relief compelling implementation

constitutionally and statirtoriiy appropriate pciicies for evaluation and treatment of inmates
in need of immed.iate medical care:

7.

All other appropriate relief at iaw

anel

equity.

PL.z\INTiFFS RESPECTFULLY REQUEST A JI.TRY,I R

TRIAtsLE ISSLIES,

h,Iitchel S. Rurns

Christian Hatfleid
'I'ucker, Burns, Yoder & Hatfield
105 Noch Orchard Ave.
Farmington, lrlew Mexico 8740 I

6A5] 32s-77ss

e@

Mrtch@tb:g1etryl;ffi

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AGREEMENT
NTTERGOYERNMENTAL
-' -unipxuoN

cENTER

spRvtcrs

.r.msAGRE-EMENTi':g"-ti^*:*s*Hffi"H,lt**r'*
s"1gl":tr:H
b, ;a uetwryn
, ioo9,

Y9

H'ftH:,,**'citvof

Hi;T#i$ilffiffi;;;;h"*t"ft *rererredtoas"thecitv"
'--- ownsand
^--*- ^-;opT?Fs tl" si" ITtnCountYDetention
WHEREAS, tbe county *the
centet'' v&ieh provides $dtable
ila*tio"
cffi
refu,,;-;;
center, hereimfter
l
;;Ji";*djait faoilities fot offe'nders; and
WEEREAS,theCitywisheslocontinuetousetheCountyDeteutionCenterto
wishes to
-lro"r.ra ry rfu-nn*rr+aI Colrt and counfy

incarcemte udurt

orJJerI

contin,e to aocepr zuoh prisoaers

proriaitil*Ht'l'y

is helil bamless from the costs

of

accepting such Prisoners'

NOW, TffiREFORE,

Tm

PARTIES AGBEE AS SOLLOWS:

City
A.Countyagreestoaccspt.,CiEPrisonors,,fotinoarcsrationintheCountyDetention
-O**tO {fy yptit* of the Blooufield
*'
booked
persons
Adult
Center.
Mr:nicipal court to a te'rm of

* #ffiH;;

byt" ilr*rarra

code and
Prisoners"'
O"t"*tioo C"J"' will be, considered "City
incarceratioa in tle Couoty
officq and is booked on $tate
f"*"J,f"*"-*t
iCity
by
is
person
a
If
violatiors, tho person will

;;,"d
so"
6fri;;;"th
charges,
are
ti,oJof booking or sentencing, there
", iirlJo.;-1g, *t th" "hffiJr;;*rri"iptr
. be a ,,co*.y
incarcerating
tu*-i"i irJoip-uf*V, the costs for
outstandi:eg 6[;il e"* **"
involved
b" p;t t"d',*""s the rnunicipalities
*tu
fr.[;ip#;;;
*
person
the
holdfor multiple muricipalities'
. so long * rn itii"i"t;;bt
B.TheCouatya$sesthattheCitywillpay.scqal**t'P-'CityPrisonerso.nel}Er
purrynt jo tlis Agreement' Tlis
foieaoh fiscal yearas a"ti#i"A

diern basis
sooner
fisoai year to flscal year unless
Agreemerrt
upon
Agreement
"f"otfom
Eilh", p*ty **v t".*i*t* this
terminatea as hmein provided.
dispute
,1,"-;6;;;rtff and/or seek altemative
thkry (30) days writrin |otice tg
agree'
,.roiotioo tnuy may then mutually

ij, *"til"L

C.TheCorrntyagrcsstosubmittotheCityinwdtingon'orbeforeodober15ofeaoh
for the fiscd vear
tUJ Co*ry D-etention Center
year the
cost of
the
provide
Thrb;t ttuu ato
ending June 30 of the sameyear.
adjustnreirtsto
dep*t*uott, cost of living
adminiskative services &om otler

,#ils.}'"ilr.*rtilIf

salaries authorized by the Board

sotucas' actual bed dayso *d

;f6'"8'ffi'ti-sioners'

revenue &omother

in income or expenses

of

changes
3l;th;mo*'
cost of food and
ao=y uaptt*Ents to the
h;;dl";
C;*
rA*
tt
County
the
il*ty shall determirc the per diemrut.ru&
medical oare. From tUur. o**t"i#E

t.

'lhis
shall notis the city.
succeeding Year.

newper diemnteshall

be effective July 1 of the next

ThsciryandtheCouatyagreeto+r]Pdconfertodiscussanysuchproposdper
the
(60) davs of the notice by county for
diem cbang" d*irg til'rrit *i*ty
parties
that the

vT:-111" event
di,*8"ilicioff"i:lit-lG fit":'l
diem charge within said sixty (60)
on
are nu.able to mutually agree
"*"*df,T
uiauiTu#*ur ,.rt-*taiation througfo a single
6avs meet and oonfer pefio4 ther

proposedpe

are aot resolved bv

by muural agreement'- rr tle isiues
arising out of or
welnthe padies
mediatiou all natters in questionbet
shall be deeided by
opt **ot'"Aiy Trelating to tL ageem"ot tl't u*
**'Act, NMSA

[Jiffi;frffi

}:ffi
*ti:l

M;ril. uoiror- a*n

arbitation io *"*oio*o" wilh theNew
arbi{ator shall bo appointed to hear
tgtl,Se*ion a+il]i-, ,t ,*.q.(1971). ;-,iost" of the
If the par:ties
o'y
Ps*the arbitratio, *d;lrli t, ,"t"it"a
gruttU" rif*?JUV the Chief Judge of theEleventh
cannot W",o,rh.;bi#;
iiutrict Court State of New Mexico'

,g*i""t

i"aUJ

enjered
agreement or oonsent to arbihate
This agreementto arbitrate ancl anyother
pr"riafi i" Itis pmagrapt .qbatl be sp ecifi callyother
into in *ora**"
Act or
-ru"unkorna'uitration
snforceable i,
that the
agree
parties qpecifically
rru*i*.
applicable rn*, orilu stx. of uu*
state ofNew Merico apply'
r.T'i"

il;*';e *
;;;;;*firth"N;M;;

,itt,

be eirtered
be final andjudgr"Etrt thereon may
Any awarct by the arbihator shall
*d rnuti Ut subject to m'odification or
any courr havinel;i-d#; rh"*"'
"ot
hws of the State ofNewMexioo'
appeal except *'i*"id-Jby

Agreement' the oosts

tha! in the event of arbitratiou under this

pady'
shall be awarded to the provailing
mbitation, including arbitator's fees,

The parties agree

iltP*6;

by

of

shail' bear its own attorney's fees'

D'TheCityandtheCountyug'rythq?''CityPrisonerDal"lhallbegi"with
log aad-every consecutivedaythereafter'
confirrement *d;;1uj! tfre aayof Uoot
fdthe ftst day of tho prisoner's
until released. Th- ait*iff U. rn*ged
In the event a prisoner is
confinemert, t* i"iit tnt f"$ day-"f ;"fi"ement'
oue day.
auy, tlu city will be charged for
booked ooa r"re*J;th" ,*u
Day rate shall be $63'23' applicable
The pmties agree that the city Pdsgner
Julyi, 2009,-tlrough June 30, 20 10'

from'

and to provide
pertaining to
]he 1A'grccment submit to an
The county agres to keep all recods
to
tntt*f up*

,pfr;tlt
city, *itu""t r{.#t ["ti""-r*uo-

ipies
the City *ith
upo1reason"ur"
audit of slr'hrecords

ry1"q*a.asrees

The counry-agleesto plovideto the

"o:ti*. fh" county Detention center budgel
ruo*i"g
tht miurtr nepnlon Cenler rnay be
The parties ug,", tnut issues
the
'egutdi'g
The recor'ds defined herc1o shall bs
discrrssed at auy meeting oftU" m"-aZos.

basis for invoieing tha

and payabte ro,

shall be due
city for detentiorr services resdered' Invoices

"*rrirlfriie;;"th

by the 15th day of the followins montb.

of time for good behavior where appropriate

The County agrees to ggant deduction
time to
Seotion 33'3-9 1i2e9, asamrnded &om
and as provided iu r"inf,sa rgz8,
invoice ths City for only actual use
c,redit th;-Cib, .t*iOfrery aod to

F.

timq and to

;ith-

detention faoilities by City Prisoners'

sh{ be responsible for tansporting

The City aad thg Cor.rnty agree that the $itr
for booking of that prisouer' The
City prisoners t" th;;;t ffi b"t""tio"^C""to
forlh above' shall
City ftison"ts:
County agre,es tnat tU" it'e Lr housing

T::l

inotudeauyandallothersubsequentnecessaryaunsnottojudioialcourt
court proceedings, or for medioal tueatuent
oroceedings, iorfu$ **ioip:of
iaffor as othena'ise ordered' The
iiructua Uy the Courty Deteution
booking if a blood draw
qity shall be *rpo*iilr" io, t **porti"g prlr*r1* pnor lo
be requiredto
Consent e"i. rn" County shall not

C"d;#;al

th;Gl*

is reouired under
the blood samPle'

pott*t

H.

qihile

within the

incarcerated
as a basic ned
Prisoaer medical servico is provided
hsalth insurance
catastophic
'ile Cormty may purchase
County Oetuntion ierter.
insurance are
ancl
ftat ali costs of medical care
for the inmates; provided, however,
Prisoners for "oK
airm rate. rnr co*ty *null ep?.tt city
insluded nu*
of
the
N;;hil bi,t- p*"s"en *at tuift responsibilitv
for jail, drt
eveat
the
in
uia trunspott by ambulance
d'"diJ
the city to
"uredetvery tothe counfy Detention ceater'

iii

#ji##

profrI"-oe;ry
of im.minent d*#;l#" orii*t pG;

asts or

J.

and hold lrarmless the

-,rtu+I 3ryi.to defen4 inrlemrrry

*aTe;;;;"y ;J ;fi fi;tliq, oausediy 9r arising from the negligent

The city and the county

other from

ori*tio*"oitheir

oum ofEcers' agetts' or e'rnployees'

of atl receipts ant disbursements, both

In order to EBintah stict aocountability
o*r-ruons and informationrelated to this
parties sba[ rcIfacru*t r"*oau.r "fi
Agreement'

K.

not
steps so that the bookiog process is
The couaty agrees to take reasonable
urreasonablY ilelaYed'

heroto have
IN WITNESSS WHEREOF, the parties
tleir ilriyauthorUed offtcers, agents or representatives'

set their hailds aud seals

by

j
I

OT
BOARD OT COUNTY COMMISSIONERS
saN.rulu couli{Tr' NEW ME}ilco

c' ,L
AyrV.-.**-.
- -fu--.

==/{ -'-.

tlenderson, Chairman

APPROVED AS TO FORM:

il-t

i.

-+

Sanduanl5EntY AttomeY

cfrY

twraWt$*^
Crrcttr{mer, CitY Clork

oE BI,OOMFTELD' NEw ME}(ICO

sMayor
zms

New Business

-3

February l-9, 2015

consideration of the sixth Arnendment to the lntergovernrnental

Agreement for Detention Center Services'
Thomas C. Havel, Adult Detention Administrator
Thomas C. Havel, Adult Detention Administrator

Agreement
Approval of the sixth Amendment to the lntergovernmental
for Detention Center Services

Detention center forthe period July 1,

Attached is a spreadsheet identifying the actuar cost of the
year's information for comparison purposes' The Per Diem
2013 to June 30, 2014 along with previous
previous full fiscal year's actual operating cost of the
rate is formula driven and calculated by taking the
and any anticipated cost increases for next
facility to include supporting department cost, debt service,
for the same period of 261,158, the per diem rate
fiscar year. Based on th" toiar number of bed days
per night (8.3% decrease) from the previous year's
for Fy 16 would be 960.65, or a decrease of s5.50
rate of $65.16.

rate for the Detention center for FY 2016 at

staff requests that the commission estabrish the per diem
for
the Fifth Amendment to the lntergovernmental Agreement
s60,66 and further requests approval of
Detentio n Center Services.

ffi,ffiffi-ffiffi,

N/A

ffieffiffffi

No[ ]

YEsr

N/A

Mike Stark, COO

Per Diem SPreadsheet

ntergovern mental Agreement

Sixth Amendment
I

ffi:
tI

Reviewedbv:
Not Applicable

I]

LEGAL

trll

FINANCE

j\l/"
-?@Reviewed:

Comments;

Comments: