Case Examples

Buck, Lynn, et al. v. City of Albuquerque, et al., CIV 04-1000 WJ/DJS (USDC)

2 Jul 12
  • Case Type: Civil Rights
  • Ruling: Jury verdict in favor of our client.

On a rainy day on March 20, 2003, people gathered in front of UNM’s Bookstore at 5:00 pm to protest President George W. Bush who ordered the Invasion of Iraq on March 19, 2003. At approximately 4:00 pm, all APD Metro Division officers attended a briefing concerning the protest. At 4:45 pm, officers began arriving to the scene of the protest. It became immediately clear this anti-war protest grew much larger than any previous. At 5:00 pm, the protestors consisted of several hundred people ranging from children to senior citizens. Protestors were loud, animated and passionate. Chants of “Peace; not War!” and “Who’s Street? Our Street!” echoed throughout the university area. A few protestors began to leak from university property, to Central Avenue and illegally blocked traffic. Police officers gave several public address instructions to return to the sidewalk. However, the warning did not faze the protestors. For the safety more »

Head, Martha vs. City of Farmington et al. No. CV-2005-24-3 (USDC)

13 Jun 12
  • Case Type: Civil Rights
  • Ruling: Jury verdict in favor of our client.

On January 14, 2003, at around 2:00am, an officer was parked in his unit at the intersection of South Side River Rd. in Farmington, New Mexico. The officer noticed a maroon SUV approaching the intersection with its high beams engaged. The vehicle stopped at the red light. After the light turned green, the SUV continued through the intersection with its high beams still on as it made its way through South Side River Rd. The officer had probable cause to believe the driver was in violation of NMSA 1978, § 66-3-831(A) (use of multiple-beam road-lighting equipment). The officer proceeded to catch up to the vehicle where he identified it as a Ford Explorer. The officer informed dispatch he was engaging in a traffic stop near South Side River Rd. and Sandstone Ave. Abruptly, The driver in the Ford Explorer accelerated his vehicle heading westbound. The officer indicated to dispatch the more »

Schinagel v. Albuquerque Police Department, et al. No. Civ. 07-481 LH/RLP (USDC)

  • Case Type: Civil Rights
  • Ruling: Jury verdict in favor of our client.

On September 6, 2005 at approximately 11:30pm, Gary and Penny Schinagel were enjoying cocktails, playing music very loudly, and dancing nude within each other’s arms in their home’s living room. They were celebrating freely because they just dropped off their youngest daughter to college. An APD officer was dispatched to the home due to a noise complaint from a neighbor. After speaking with the complaining party, the officer walked to the Schinangel residence to investigate where the loud music was coming. The officer attempted to knock on doors and windows for eight minutes. When he realized no one was responding, the officer entered a side gate to investigate if anyone was home. The officer eventually made his way to an entry door where he knocked again. Finally, the loud music stopped yet no one responded to the officer. The entry was unlocked and the officer opened the door and shouted, more »

Estate of Clint John vs. Farmington Police Department, CIV 07-557 BB/LFG (USDC)

  • Case Type: Civil Rights
  • Ruling: Jury verdict in favor of our client.

On June 10, 2006 at 4:20pm, John Clint and his girlfriend were shopping with their daughter at a Farmington Wal-Mart. While the two were paying at the register, an argument escalated about a man John’s girlfriend may have had a friendship with. John’s girlfriend ignored John until they reached their GMC pickup truck in the parking lot. At this point, John began to throw groceries into the truck. His girlfriend was concerned he would break glass containers in the grocery bags so she admonished John for acting in such an aggressive manner. Both began to yell at each other in front of their four year old daughter. Eventually, John’s girlfriend dialed 911 for assistance. When John realized his girlfriend was calling police, he took the cell phone from her hands and smashed it on the ground. He then struck his girlfriend in the face and threw her into the truck. more »

Aragon, Christina v. Ferner, Sgt. Jeff, et al., CIV 02-1154 BRB/ACT (USDC)

12 Jun 12
  • Case Type: Litigation
  • Ruling: Judgement as a matter of law.

On October 21, 2000, minor Christina Aragon and a group of her friends were planning to attend a party they learned about from a flyer. The group of minors believed they needed to set up equipment for a band that was going to play at this party. When they arrived at the house, the group of friends was locked out. They checked multiple doors and windows to see if they could get in despite not having a key nor having the residents of the house with them. Aragon was not sure at the time if she had permission to enter the home. However, she did claim she never intended to burglarize or steal, but rather assist and attend a large house party. An APD lieutenant learned from other law enforcement officials juveniles planned to break into a home to hold a party on the night of October 21, 2000. This more »