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Eighteen current and former San Juan County Adult Detention Center inmates have filed a lawsuit against the jail and its healthcare providers claiming they were denied basic medical care while incarcerated, which resulted in pain, physical injury, impairment and disfiguration.
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FILED IN MY OFFICEDISTRICT COURT CLERK
4t17 t2015 12.22:15 PMWELDON J. NEFF
DorothY Rowe
STATE OF NEW MEXICO
COLINTY OF SAN TUA}IELEVENI-FI JUDICIAL DISTRICTiI.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 JUANCOUN'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 sJcilc in the SJCIIC betrveen 2013 and the present'
Z. This action is brought on behalf of plaintitl-s to vindicate to vindicate serious
deprivations of their constitutional and state law rights'
3. All ofthe named plaintiffs suffered injuies as a result of insufficient
rnedicai care, severe and deliberate indif,f,erence to their heatrth neecls and violations of their
civil rigtrts under the united states and New lvfexico constitution'
4. A,ll of the events described herein occurred in san Juan County, New
Mexieo.
5. Defendant cFIc is a.Delaware corporation doing business in New Mexico
pursuant to a contract with San.Iuan County to provide medical $are to inmates at the San
Jnan County Detention center cofltract that expired February 17,2014.
6. Def-enilant SJRMC is aNew ivlexico corporation doing business in New
Iv{exico pursuant to a contract with San Juan County to provide medical care to inrnates at
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
to be sued under 14 L1.S"C. $ 1983 for deiibsrate indifltrence ani reckless disregard f,or
inrnates' reasonable rnedical care.
g. Def'endants CHC anel SJRMC are prclper entities be sued under 42 U.S-C. $
1983 for deliberately indifferent policies, practices, hahits, customs' procedures, training
and supenision of staff. including of iniJividual Defendauts, r.vith respect to tire prcvision of
medicai care and treatment f,or imnates with serious emergsncy medical needs'
g,!.}e,fendarrtsCFIC,S]RMCareproperlySuedfornegligenceasthey
are private corporations, not entitled to any imrnunity under the Nerv fuIexico Tort Claims
Act.
10'I}e.ferrdantSarrJuanCourrtyisthepublicentityresponsiblefortheSan
Juar: CountY Detention faciliry'
ll.Tortciaimnoticewastimelyanelindividuallysentpursuanttothe}"{ew
MexicoTortClaimsActforeachofther:amedplaintifrs,
17. san Juan cotmrty is the proper party to be sued fbr negligent delegation
of decision-rnaking authority to cr{c dnd sJR}/Itl acting as contractual final delegated
rlecision-rnakers with respect to th+ deliherately indilTerent policies and practices for the
care and treatrnent of persons irrcarcerated in the San Juan County Detention Cenier'
13.SanJuanCarurtyisthepropefypartyresptlnsibletbrthedeliberatei-rl
indifferent and negtrigent actions of its SJCDC employees'
$TAI.FTMqNT Oq.F'APTS
14. on i*for:matio6 and belief, the contract between San Juan County and the
individuat defendants requirerl payment on a per-transport basis for prisoters transported
&om sJCilc tbr n.redical oare; SJCDC intentionally established prncedures and protoceils to
Save money lry not transporting irutates in need of serious roedical care exeept in the most
extrerne circumstrurces.
i5. .fhe inclividual clefelrdants deprive,l plaintiffs of reasonable merlical care
by, inter alia, rcfusing to a[!cr.r, thern to be treated by physicians except in cases of exffeme
urgency ancl relegateri their care to non-medicai professionals'
l6.Asadirecta*dproximateresultoftirewrongfulconductofeacl:ofthe
Det'endants, Piaintiffs have heen suhstantialiy injrued' These injuries include' but are not
liniited to, loss of constitutional dgfuts, physical injuries, irnpainnents and dis{igurentent'
exaeerbalion ofpre-existing mer{ical condition-c" pain, sufibring and emotional distress' anxiety'
shock, sadness. depression. anger, stress, and special darnages for medically lelated
treatrnent cal.rsed by the unconstitutional. negiigent, and atrocious eonduct of tbrese
Defbndants.
JE$9.8 EIJRKEE
lT.BurkeewasincarceratedintlreSJCDCinJtlly2aL4,
18. Burkee infior:ri1erl jail staff he sutl'ererl ftom severe anxiety treated
-,r4th presoribed Cionazepam..
19. Burkee r+as denied cloflazepam or any substitute thereof for forty-
nine days and place,J in isolation based on behaviors associated in"ith withdrawal frorn
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. Eurkee intbnned staff that his severe untreated anxiety would likeiy
result in his sulTering a seizure if he was placed back into general population'
22"SJCDCplacedBurkeewasplacedbackintogerreralpopulation.
23. As a result, Burkee sufl-ereil a seizure and ftll, trreaking ibur of his
liont teeth, causing him ssvere pain, sutfering and sevEle emotional distress'
24. Ilurkee was denied nredical treatrnent ftrr his seizue and rnouth
injuries and was insiead removed baek tr: isolation'
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
itrtermittent tremors reiated to a medical condition; despite requests f,or rnedical
treatment, charles was denied appropriate care, resulting in the intermittent i:'emors
becoming Permane,lrt.
2S,Easedonctlrrentmedicalproglosis,Charlesisexpectedtosutler
tlorn lifetinle permanent tremors, x'hich could have heen al'oided by provision of
appropriate medical care.
29"onFebruary2s,Z}Tl,plaintiffCharlesnoteelthatthea.m.
meilication cart nurse sets up medications in advance of mornittg distribution, leading to
mixups in ditferent patients' medications; the nurse also substituted rnedioations wtren
medicatiols ran out, lead,ing to higher or iower dose substitutes, slow release versus fast
acting n:erlication and vice-versa, resulting in inconsist€nt and widely varied medication
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
mother, that Deuick *'as disabled, on rnedication, and in need of ongoing meclication
managernent.
32. Despite Derrick's disability and repeated written and oral requests for
medical attention, Den"ick was repeatedly reshained, consisterrtly denied access to
reasonatrle medical care, improperiy medicated, and suffered injuries as a result'
AABQ.!{.EATO.N
33. I-iaton wa"s jailed at SJCDC suffering from bad pains in his groin and
abdomen.
34, Eaion,s mother, Charlene liaton, called jait personnel repeatedly to
request medical care for her son; she and was told that Aaron would have to fill out a
medical request.
35. Eaton fillerl out numerous rnerlical request anrl rvas toid by SJCDC
siaff thai there were too many inmates with medical requests to hr:nor all of them'
36. !-iaton's mother continued to contact jail personnel over the course of
approximately one week to infonn them of her belief that her son was sutTering lrom a
sericlus medisai crisis.
37. Ms. Iiaton finally spoke tith a sergeant cook, who took her
concerns seriousiy and arranged fr:r Eaton to he transpofied to SCR.MC'
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
and potentially fatal medical conditions with no care, and exp€rienced intense pain and
suffering.
q4!eEs.rNeg
37. Finch was incareeraterj at the SJCDC'
38.Firrclrsufferedfrombackpairrfromduetoaaspinalcondition
39. Finch infomreel SJCD staff clf persistent healttr problem's, for wldch
SJCDC refused to provide medieai care'
40.duetothelackofreasorrablenredicalcare,Finchsuffered
exacerbation ofpre-existing back pain and injury'
PA{ II, GOULD
41. Gould was incar.cerated al the SCJDC srffering frorn high blood
pressure and other nredical conditions'
42. Goulel was on prescribed meriications, ineluding EtTexor, Abilify and
other prescription medication at the time of his incarceration; Gould requested that staff
a1low him to continue to take his prescribed rledioation, but was elenied essential doctor-
prescribed medicarions, resulting in exacerbaticin of his pre-existing medieal conditioirs'
TO$FFH G-UTIEEBEZ
43, Gutien.ez w.as incarcerated at SJCDC; lre provided a letter frr:nr his
private doctor at UNM Medical Group indicating thal he rvas undergoing ongoing
rnedical care ibr sever chronic illnesses'
44,Gutierrez,;rrivatedoctorrecommendedaCATscananel}vfRldueto
possibie serious complications frorn his rnedical conditions.
45. Gutien"ez requestertr SJCDC altow him to obtain these rnedically
necessary diagnr:stio treatments; those requests were rienied, leading to exacer'bation of
pre-existing conditions, inability to diagnose other medical con'Sitions' and potential
shortening of Plaintiff s trife'
46, Gutierrez also inlbnned statT that he suffered ltotn serious dental
issues and neeelerl oral surgery; SJCIIC' ret-used all requests for oratr surgery or dental
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.
rEqu4sslsffiS0.KfiightwasincarceratedatSJCi}Csufferingfi.onravariety
of medical conditions, including arthritis, scoliosis and hypoglycemia.
51. While incarcerated, Knight fraetureei his thr.rmb and rvas transported
to the emergenoy room at SJRMC. where he was infon'ned that he lvould require
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
and given no antibiotics oI otllef nredical atter*ion, despite the possibility of severe
infection, and suffered fi.om severe pain and suffering as a result.
55. on January tr i, 2015, Knight also requested eare for broken dentutes"
which was not honored.
euRrj.Lrp M4RCIuii
56. Marquez was incarcerated at SJCDC; Marquez suft-ereil a serious ear
infection rvhile incarceraterl; elespite requests tbr emergency medicai care' Marquez was
not transported fcrr emergency care'
57. When fuIarquez was later allowed to see medicai proftssionals f'or his
ear inf*ction-af1er multiplo requests-he was prescribed saline drops rather than
antibiotics, leading to a resulting major infection, cellulitis, blood poisoning' and
permanent ear damage.
5S.MarqtlezwasfinallytransportedtoSJR]V{Cwhenhisconditiongrew
increasingly serious; there, he was cliagnosed with eellulitis of the ear and put on a
morphine IV drip and given anti-ciouing injections'
59. Jail staff rvere instructed t0 fill Marquez' prescription for antibiotiss
on the 1foay baok frcrn the hospital, but apparently fbrgot, ieaving h'farquez without
antibiotics lbr t*'o {ull days after discharge'
50'Thedelayilrtreatmentresr.rliedinpernranenteardamage,tinnitus
and other injuries"
LOlIIS*ffiB.UN-E?*
5i. Maitinez lvas incarceraied at SJCDC suffering from 1ow blood flow
in his legs, requiring him to weal complession socks to prevent sores, uleers, and blood
clots.
62. Martinez requested to be allowed to wear compression sccks, which
request was denied., resulting in ulcers, sores, and possible staph infection, which have
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
medication, given the incorrect medication, and reftised food, w-hich is strpposed to be
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
conrlition. ,a'hich hael progressecl tc, the point that ire beeame uurable to use his hand"
RTQHARp- MC-DONAtD
69. Iv{ci}onald was incarcerated at S.ICDC when he noticed what
appeared to be a piinple on his leg, x'-hich he washed with soap and water' then dried'
10
7A. McDona[l was seen try medical stat-f and prescribed antibiotics;
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.
73. By mirlnight, McDonald's condition had worsened to the point where
he was transported to SJ{lllMC.
74. At the hospital, McDonald was given progesterone and retumed to
jail"
75. L{cf}onaid continued to suffer pain, joint stiffness and rnuscle aches;
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 ROGERSry
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.
l{ogers submitted multipie requests to be seen by meelical slaff tbr a84.
rash, w'hich, &fter being igncred, progressed to being em open sore and large lump in
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.
88. Sehuessler also suffered from an open wound that appeared to he
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
89. 't-rujillo was incarcerated at SJCDC with a broken foat with pins
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 FGRRELIEF: VioEationof 42 {J.S.C. $ 1983
Eighth Ailrendment FrohlErition Against Cruel smd [JmusualFunishrnent
9i. Plaintifls hereby incorporate ail other paragraphs of this Cornplaint as
if firlly set forth herein,
42 U.S.C" $ 1983 provides that:
l3
92.
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 orot}er per,son within the jririsdiction thereof to the deprivation of any
rights, privileges or immunities secured by the constitution and lawshall 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.
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.
On infomnation and beliel Havel instmcted SJCDC staffto
95.
9V.
intentionaliy deprivedplaintiffs of constitutional rights and violated SJCDC's internal
policies in order to save money-
98. 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.
Plailrtiffs are entitled to attomeys' fees and costs pursuant to 4299.
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'OIIRELIEF-Iqegfigence
1 01 " Plainti ffs heret:y incorporate all other palagraphs of this Conaplaint as if fully
set forth herein.
102. By their ccmplained of series and paltern of intentionai ac.ti*ns and
inactions, de 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
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 provide. Inter $lis, defendants failed to properly
assess 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 $isabilities Act {54ASA")"
1 08. Ilefendants herein were required by larv to observe and adhere to coilrmon
iaw and statutory laws and civil rights larvs and guarantees in the perfannance of'their duties to
or fc,r those who are disable and are ctretained at the San Juan County iletention Center.
i09. l]efendants violated their duties under the *\DA to make aceommodations
tr: plaintiffs with known. obvious, and disclosed disabilities.
I t(! As a result of defendants' actioil.s, plaintiffs suffered damages as described
herein and in an amo$nt to be proven at trial and are entitled to damages, attonreys' fees and
cErsis-
1 {"r<
t6
FOURT'I{ CT,AIM FOR RE[,IEF-[ntentiomal Infliction of Emotional Distress
I 11. Flaintiilb reineorpor*te all the allegations stated above.
L12. 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. Orant plaintiflfs declaratory relief compelling implementation of
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. RurnsChristian Hatfleid'I'ucker, Burns, Yoder & Hatfield105 Noch Orchard Ave.Farmington, lrlew Mexico 8740 I6A5] 32s-77sse@Mrtch@tb:g1etryl;ffi
18
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\
NTTERGOYERNMENTAL AGREEMENT-' -unipxuoN cENTER spRvtcrs
.r.msAGRE-EMENTi':g"-ti^*:*s*Hffi"H,lt**r'*, ioo9, b, ;a uetwryn Y9 s"1gl":tr:H
H'ftH:,,**'citvofHi;T#i$ilffiffi;;;;h"*t"ft *rererredtoas"thecitv"
'--- ^--*- ^-; tnCountYDetentionWHEREAS, tbe county ownsand opT?Fs tl" si" IT
center, hereimfter refu,,;-;; *the cffi ila*tio" centet'' v&ieh provides $dtable
;;Ji";*djait faoilities fot offe'nders; and l
WEEREAS,theCitywisheslocontinuetousetheCountyDeteutionCentertoincarcemte udurt orJJerI -lro"r.ra ry rfu-nn*rr+aI Colrt and counfy wishes to
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:
A.Countyagreestoaccspt.,CiEPrisonors,,fotinoarcsrationintheCountyDetentionCenter. Adult persons booked *' -O**tO {fy yptit* of the Blooufield City
code and * #ffiH;; byt" ilr*rarra Mr:nicipal court to a te'rm of
incarceratioa in tle Couoty O"t"*tioo C"J"' will be, considered "City Prisoners"'
If a person is ;;,"d by iCity f"*"J,f"*"-*t officq and is booked on $tate
charges, ",
6fri;;;"th so" "hffiJr;;*rri"iptr violatiors, tho person will
. be a ,,co*.y iirlJo.;-1g, *t th" ti,oJof booking or sentencing, there are
outstandi:eg 6[;il e"* **" tu*-i"i irJoip-uf*V, the costs for incarcerating
the person * fr.[;ip#;;; *tu b" p;t t"d',*""s the rnunicipalities involved
. so long * rn itii"i"t;;bt holdfor multiple muricipalities'
B.TheCouatya$sesthattheCitywillpay.scqal**t'P-'CityPrisonerso.nel}Erdiern basis foieaoh fiscal yearas a"ti#i"A purrynt jo tlis Agreement' Tlis
Agreemerrt ij, *"til"L "f"otfom fisoai year to flscal year unless sooner
terminatea as hmein provided. Eilh", p*ty **v t".*i*t* this Agreement upon
thkry (30) days writrin |otice tg ,1,"-;6;;;rtff and/or seek altemative dispute
,.roiotioo * tnuy may then mutually agree'
C.TheCorrntyagrcsstosubmittotheCityinwdtingon'orbeforeodober15ofeaohyear the ,#ils.}'"ilr.*rtilIf tUJ Co*ry D-etention Center for the fiscd vear
ending June 30 of the sameyear. Thrb;t ttuu ato provide the cost of
adminiskative services &om otler dep*t*uott, cost of living adjustnreirtsto
salaries authorized by the Board ;f6'"8'ffi'ti-sioners' revenue &omother
sotucas' actual bed dayso *d 3l;th;mo*' changes in income or expenses of
the County tt rA* C;* h;;dl"; ao=y uaptt*Ents to the cost of food and
medical oare. From tUur. o**t"i#E il*ty shall determirc the per diemrut.ru&
t.
shall notis the city. 'lhis newper diemnteshall be effective July 1 of the next
succeeding Year.
ThsciryandtheCouatyagreeto+r]Pdconfertodiscussanysuchproposdperdiem cbang" d*irg til'rrit *i*ty (60) davs of the notice by county for the
proposedpe , di,*8"ilicioff"i:lit-lG fit":'l vT:-111" event that the parties
are nu.able to mutually agree on "*"*df,T
diem charge within said sixty (60)
6avs meet and oonfer pefio4 ther uiauiTu#*ur ,.rt-*taiation througfo a single
[Jiffi;frffi by muural agreement'- rr tle isiues are aot resolved bv
mediatiou all natters in questionbet welnthe padies }:ffi arising out of or
relating to tL ageem"ot tl't u* opt **ot'"Aiy T- *ti:l shall be deeided by
arbitation io *"*oio*o" wilh theNew M;ril. uoiror- a*n **'Act, NMSA
. tgtl,Se*ion a+il]i-, ,t ,*.q.(1971). ;-,iost" arbi{ator shall bo appointed to hear
the arbitratio, *d;lrli t, ,"t"it"a o'y ,g*i""t of the Ps*- If the par:ties
cannot W",o,rh.;bi#; gruttU" rif*?JUV the Chief Judge of theEleventh
i"aUJ iiutrict Court State of New Mexico'
This agreementto arbitrate ancl anyother agreement or oonsent to arbihate enjered
into in *ora**" il;*';e * pr"riafi i" Itis pmagrapt .qbatl be sp ecifi cally
snforceable i, ;;;;;*firth"N;M;; unkorna'uitration Act or other
applicable rn*, orilu stx. of uu* rru*i*. -ru"
parties qpecifically agree that the
r.T'i" ,itt, state ofNew Merico apply'
Any awarct by the arbihator shall be final andjudgr"Etrt thereon may be eirtered by
any courr havinel;i-d#; rh"*"' *d rnuti "ot
Ut subject to m'odification or
appeal except *'i*"id-Jby hws of the State ofNewMexioo'
The parties agree tha! in the event of arbitratiou under this Agreement' the oosts of
mbitation, including arbitator's fees, shall be awarded to the provailing pady'
iltP*6; shail' bear its own attorney's fees'
D'TheCityandtheCountyug'rythq?''CityPrisonerDal"lhallbegi"withconfirrement *d;;1uj! tfre aayof Uoot log aad-every consecutivedaythereafter'
until released. Th- ait*iff U. rn*ged fdthe ftst day of tho prisoner's
confinemert, t* i"iit tnt f"$ day-"f ;"fi"ement' In the event a prisoner is
booked ooa r"re*J;th" ,*u auy, tlu city will be charged for oue day.
The pmties agree that the city Pdsgner Day rate shall be $63'23' applicable from'
Julyi, 2009,-tlrough June 30, 20 10'
E The county agr€es to keep all recods pertaining to ]he 1A'grccment
and to provide
the City *ith ,pfr;tlt ipies tntt*f up* ry1"q*a.asrees to submit to an
audit of slr'hrecords upo1reason"ur" "o:ti*. The counry-agleesto plovideto the
city, *itu""t r{.#t ["ti""-r*uo- ruo*i"g fh" county Detention center budgel
The parties ug,", tnut issues 'egutdi'g
tht miurtr nepnlon Cenler rnay be
discrrssed at auy meeting oftU" m"-aZos. The recor'ds defined herc1o shall bs the
F.
basis for invoieing tha city for detentiorr services resdered' Invoices shall be due
and payabte ro, "*rrirlfriie;;"th by the 15th day of the followins montb.
The County agrees to ggant deduction of time for good behavior where appropriate
and as provided iu r"inf,sa rgz8, Seotion 33'3-9 1i2e9, asamrnded &om time to
timq and to c,redit th;-Cib, .t*iOfrery aod to invoice ths City for only actual use
;ith- detention faoilities by City Prisoners'
The City aad thg Cor.rnty agree that the $itr sh{ be responsible for tansporting
City prisoners t" th;;;t ffi b"t""tio"^C""to for booking of that prisouer' The
County agre,es tnat tU" it'e Lr housing City ftison"ts: T::l forlh above' shall
inotudeauyandallothersubsequentnecessaryaunsnottojudioialcourtoroceedings, iorfu$ **ioip:of court proceedings, or for medioal tueatuent
iiructua Uy the Courty Deteution C"d;#;al iaffor as othena'ise ordered' The
qity shall be *rpo*iilr" io, t **porti"g prlr*r1* pnor lo booking if a blood draw
is reouired under th;Gl* Consent e"i. rn" County shall not be requiredto
pott*t the blood samPle'
H. Prisoaer medical servico is provided as a basic ned qihile incarcerated within the
County Oetuntion ierter. 'ile Cormty may purchase catastophic hsalth insurance
for the inmates; provided, however, ftat ali costs of medical care ancl insurance are
insluded nu* iii airm rate. rnr co*ty *null ep?.tt city Prisoners for "oK
for jail, drt #ji## N;;hil bi,t- p*"s"en *at tuift the responsibilitv of
the city to profrI"-oe;ry d'"diJ "ure
uia trunspott by ambulance in the eveat
of im.minent d*#;l#" orii*t pG; detvery tothe counfy Detention ceater'
L The city and the county -,rtu+I 3ryi.to defen4 inrlemrrry and hold lrarmless the
other from *aTe;;;;"y ;J ;fi fi;tliq, oausediy 9r arising from the negligent
asts or ori*tio*"oitheir oum ofEcers' agetts' or e'rnployees'
J. In order to EBintah stict aocountability of atl receipts ant disbursements, both
parties sba[ rcIfacru*t r"*oau.r "fi
o*r-ruons and informationrelated to this
Agreement'
K. The couaty agrees to take reasonable steps so that the bookiog process is not
urreasonablY ilelaYed'
IN WITNESSS WHEREOF, the parties heroto have set their hailds aud seals by
tleir ilriyauthorUed offtcers, agents or representatives'
jI
BOARD OT COUNTY COMMISSIONERS OT
saN.rulu couli{Tr' NEW ME}ilco
AyrV.-.**-. c' ,L ==/{ -'-.- -fu--.
tlenderson, Chairman
APPROVED AS TO FORM:
il-ti. -+
Sanduanl5EntY AttomeY
twraWt$*^Crrcttr{mer, CitY Clork
cfrY oE BI,OOMFTELD' NEw ME}(ICO
sMayorzms
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
Approval of the sixth Amendment to the lntergovernmental Agreement
for Detention Center Services
Attached is a spreadsheet identifying the actuar cost of the Detention center forthe period July 1,
2013 to June 30, 2014 along with previous year's information for comparison purposes' The Per Diem
rate is formula driven and calculated by taking the previous full fiscal year's actual operating cost of the
facility to include supporting department cost, debt service, and any anticipated cost increases for next
fiscar year. Based on th" toiar number of bed days for the same period of 261,158, the per diem rate
for Fy 16 would be 960.65, or a decrease of s5.50 per night (8.3% decrease) from the previous year's
rate of $65.16.
staff requests that the commission estabrish the per diem rate for the Detention center for FY 2016 at
s60,66 and further requests approval of the Fifth Amendment to the lntergovernmental Agreement for
Detentio n Center Services.
N/A
ffi: Reviewedbv: Comments:
Not ApplicableLEGAL
FINANCE
ffi,ffiffi-ffiffi,
ffieffiffffi YEsr
N/A
No[ ]
Mike Stark, COO
Per Diem SPreadsheetI ntergovern mental Agreement
Sixth Amendment
tII]trll
j\l/"-?@-
Reviewed:
Comments;