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New Mexico Civil Rights Questions & Answers

2 Answers | Asked in Civil Litigation and Civil Rights for New Mexico on

Q: Today I was leaving the store a manager and an employee followed me outside and harrased me can I file a lawsuit

It was at Goodwill I was just looking around after picking up brochures from the job room a lady seen that I needed a job and was very kind to me told me to go apply at so and so and I greatly appreciated it as I was walking out the store manager and another employee began to be rude and harassing... Read more »

Gary Kollin answered on Aug 25, 2019

If suing, you expose your entire mental health history and medical records.

Truly, what are the monetary value of the damages?

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Mexico on

Q: can a charge hold up in court if the findings were obtained thru a search of house while only minor son present no war

cops came to my house (initialy to talk about daughter being pulled over at 4 am with adult male) knocked on door didnt announce they were police, after ? me and my bf about said incident they were going to leave but they said they smelled a foul oder which they believed to be weed. i called my... Read more »

William Jaksa answered on Jul 11, 2019

The very short answer is yes.

There are certainly triable issues and grounds to argue that the search warrant should never have been issued. Were the police acting within their duties when they originally attended? Where they lawfully within the dwelling when they observations (smelled the...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New Mexico on

Q: I think I am being retaliated against by my pharmacy manager because I went to upper management about her.what can I do

Feel my manager is attacking me after I went to upper management about scheduling. Caused me to be out of work for 3 weeks

Trent A. Howell answered on Mar 6, 2018

A number of statutes prohibit public and privates employers from retaliating against employees for making certain types of internal complaints. Two statutes commonly involved with such claims are the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq. and the New Mexico Whistleblower... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for New Mexico on

Q: I applied at a restaurant a few weeks back. My partner works there too. The owner told my partner that he wasn't

going to hire me because he works there also. Pretty much he doesn't hire couples. But, the same guy hired a husband and wife couple, they work the same shifts. He also hired a BF/GF couple. Now, both of those couples are Indonesian. The owner himself is Chinese. I am Native as is my partner. Does... Read more »

Trent A. Howell answered on Mar 6, 2018

In certain situations, New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., requires an employer to consider an applicant for a position regardless of "spousal affiliation" or sexual orientation. In addition, if the employer retains some employees and terminates others based on their... Read more »

1 Answer | Asked in Car Accidents, Civil Rights, Criminal Law and Federal Crimes for New Mexico on

Q: Our car was stolen for a week, wrecked into a business and police caught a guy. Can we sue him for damages?

We had already filed a claim with our insurance and our car was already known to be reported stolen. These are his arrest charges:

Arrest Charges

Release Type:

Arrest Date: 02/13/2018

Arrest Time: 21:00

Arrest Location:

Statute: 30-22-1.1... Read more »

Peter N. Munsing answered on Feb 14, 2018

You can sue him but you'd likely never see the money. Thieves usually don't have much.

See if you can get an order of restitution from the criminal charges--contact the DA's victim assistance coordinator.

1 Answer | Asked in Criminal Law, Civil Rights and Personal Injury for New Mexico on

Q: if i was arrested for a crime and taken to jail but was never booked in and posted bail 6days later can i file charges?

it took them 5 days to get me to arraignment then the judge set my bond at 5000 cash or assurity which i made bail and bonded out of a facility i was never booked in to. can i file charges against the facility for kidnapping and violating my due process rights?

Peter N. Munsing answered on Mar 31, 2017

Not kidnapping but possible civil rights. Contact the NMex Civil Liberties Union. Ask for one of their "cooperating attorneys" who handles "police misconduct" situations.

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Civil Rights for New Mexico on

Q: How do I find the notes of decision annotation section for each New Mexico statute and Rule annotations online

I use the notes of decision and the committee commentaries for each New Mexico statute and rules annotated to compare case laws already decided by the New Mexico courts to formulate and support my arguments however I can't find them online with the case laws that I search for please give me... Read more »

Paul Stanko answered on Sep 24, 2016

I am confused by your question. If you are a lawyer or paralegal, you would already know how to do legal research, and would not be asking the question. If you are a pro se litigant, you can find a great deal of information right here at Justia (and some other sites, as well). You mention... Read more »

1 Answer | Asked in Car Accidents, Products Liability and Civil Rights for New Mexico on

Q: If any personal items such as laptops or disc albums were to be strewn about due to trailer flip can cops impound it?

If a trailer were to flip and I were to go to retrieve my personal valuables and halted by officers could I use the law as my defense to procure my items?

Peter N. Munsing answered on Sep 18, 2016

You would want to ask that they allow you to get personal items. They can't impound unless they believe a crime was committed or if the crash resulted in a fatality or similar. If you aren't the owner of the trailer or driver, then there's the problem.

1 Answer | Asked in Civil Rights and Criminal Law for New Mexico on

Q: I was falsely incarcerated for 20 days and was told by the judge to file a claim what that going to be worth

Marshall Jason Ray answered on Jun 26, 2016

This is the type of issue about which you should consult with a private attorney. Many attorneys offer free consultations and will help you evaluate any potential case you may have.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on

Q: I have a complaint about the sheriff's department

I have a complaint about the sheriff'sdepartment illegally searching my house, twice and towing my car because I refused to file a false police report - what type of lawyer do I need? civil rights?

Marshall Jason Ray answered on May 23, 2016

There are attorneys who specialize in bringing lawsuits against law enforcement officers and agencies for violations of civil rights. They may advertise as personal injury or civil rights lawyers.

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for New Mexico on

Q: Can I do a tort claim for compensation of property lost by the local police department

Marshall Jason Ray answered on Apr 26, 2016

You would need to provide more details. While a tort claim is probably not the avenue, there usually is a process for taking inventory and providing a receipt of voucher of property taken. There can be many breakdowns in that process. Alternatively, depending on the facts, the property might be... Read more »

1 Answer | Asked in Constitutional Law, Civil Rights and Criminal Law for New Mexico on

Q: Completed a 3 year sentence in doc and just won my appeal in new Mexico court of appeals what actions can I take

I was found guilty by a jury I was sentenced to 5 1\2 years ..18 months for a 4th plus they gave me the 4 year obitual offender .. Court of appeals recently reversed my conviction

Marshall Jason Ray answered on Mar 19, 2016

You should consult with an attorney. What options you have will depend on many facts, which you have not provided here. For example, you may be contemplating bringing a civil rights lawsuit. You do not automatically have a case just because your conviction was overturned after you served some... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Employment Law for New Mexico on

Q: My background was pulled and i was fired. An employee not with HR read and told me what was on it. Is it a Privacy Issue

I was terminated because of information on a background report. An employee told me i was under investigation for crimes and he informed me of what was on my background report. It isn't public record, i never knew about any allegations against me and had to find out from another employee about what... Read more »

Robert Jason De Groot answered on Oct 14, 2015

To answer your question will require a bit of research on most attorneys parts. You need to actually go see one about this.

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